LIVE OAK CITY COUNCIL AGENDA – OCTOBER 7, 2026
The Council may take up any agenda item at any time, regardless of the order listed. Action may be taken on any item on this agenda. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection at City Hall, 9955 Live Oak Boulevard, Live Oak, during normal business hours.
Such documents are also available on the City of Live Oak’s website at www.liveoakcity.org, subject to staff’s availability to post the documents before the meeting.
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available. If you have a disability and need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk’s office at (530) 695-2112 x107. Requests must be made at least 24 hours in advance.
Public Participation Options:
• Public Comment: Members of the public can submit general public comments, as well as comment on specific agenda items in the following ways:
o Public Attendance: Members of the public who attend in person may make comments from the Council Chamber podium.
o Email Public Comment: Comments from the public on agenda items will be accepted until 1:00 pm on the date of the meeting, via email to the City Clerk at [email protected]. Comments will be distributed to Council prior to the meeting and reflected in the meeting minutes. Please note that emailed comments will NOT be read aloud during the meeting unless an approved accommodations request has been granted.
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LIVE OAK
CITY COUNCIL
REGULAR MEETING AGENDA
OCTOBER 7, 2026
6:00 PM
MEETING LOCATION
LIVE OAK COUNCIL CHAMBERS
9955 LIVE OAK BOULEVARD
LIVE OAK, CALIFORNIA 95953
MEMBERS OF THE COUNCIL
JERAMY CHAPDELAINE, MAYOR
AARON PAMMA, VICE MAYOR
ASHLEY HERNANDEZ, COUNCILMEMBER
NANCY SANTANA, COUNCILMEMBER
BOB WOTEN, COUNCILMEMBER
BENJAMIN MOODY,
CITY MANAGER
NICOLE ROSSER,
CITY ATTORNEY
1 LIVE OAK CITY COUNCIL AGENDA – OCTOBER 7, 2026
• Join by Phone:
1-669-900-6833 or 1-833-548-0282 (Toll Free)
Webinar ID: 881 5672 4688
AGENDA
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE AND INVOCATION
CORRECTIONS AND/OR CHANGES TO THE AGENDA
PRESENTATIONS AND RECOGNITIONS
PUBLIC COMMENT
Any person wishing to address the City Council on general jurisdictional matters or consent calendar items may do so at this time. If you are commenting on an agenda item, your comments will be heard at the time that item is scheduled for discussion. The City Council adopted a time limit of three minutes per person. The Brown Act does not allow for Council discussion of items not on the agenda. Councilmembers may only a) refer the matter to staff; b) ask for additional information; c) request a report back; or d) provide a limited factual response for items not listed on the agenda.
CONSENT ITEMS
Consent Calendar is passed by one motion with exceptions and separate votes as noted.
1. City Council Meeting Minutes
Recommendation: Approve the September 16, 2026, City Council Regular Meeting minutes. (Clarissa Menchaca, City Clerk)
BUSINESS ITEMS
2. Medina Parcel Map Approval - TPM 25-01
Recommendation: 1) Authorize the City Manager to enter into a Deferred Improvement Agreement for improvements associated with the development of the parcels at 2962 Elm Street, subject to City Attorney approval; and 2) Adopt a resolution approving the two-lot parcel map for Medina, located at 2962 Elm Street, Assessor's Parcel Number 006-202-003.
(Benjamin Moody, City Manager)
ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION
UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER
COUNCILMEMBER REPORTS / COMMENTS / REQUESTS
ADJOURNMENT
2 Background:
Recommendation:
Date: October 7, 2026
To: Honorable Mayor & Members of the City Council
From: Clarissa Menchaca, City Clerk
Subject: City Council Meeting Minutes
Submitted for approval are the September 16, 2026, City Council Regular Meeting minutes.
Approve the September 16, 2026, City Council Regular Meeting minutes.
CITY OF LIVE OAK
STAFF REPORT
Attachments:
Minutes
Agenda Item 1.
3 LIVE OAK CITY COUNCIL MINUTES – SEPTEMBER 16, 2026
CALL TO ORDER
Meeting called to order by Mayor Chapdelaine at Live Oak City Council Chambers, 9955 Live Oak Boulevard, Live Oak, CA at 6:03 pm.
ROLL CALL
Present: Councilmember Woten, Vice Mayor Pamma, and Mayor Chapdelaine
Absent: Councilmembers Santana and Hernandez
PLEDGE OF ALLEGIANCE AND INVOCATION
Vice Mayor Pamma led the Pledge of Allegiance. Councilmember Woten delivered the invocation.
CORRECTIONS OR CHANGES TO THE AGENDA BY CITY MANAGER ONLY There were no corrections or changes to the agenda.
PRESENTATIONS AND RECOGNITIONS
A. Proclamation Honoring the Live Oak Little League Live Oak Lions – 2026 Northern California 10-12 Softball State Champions
Mayor Chapdelaine presented the proclamation honoring the Live Oak Little League Live Oak Lions as the 2026 Northern California 10-12 Softball State Champions. **Clerk’s Note: Council recessed at 6:15 pm and reconvened at 6:25 pm.
PUBLIC COMMENT
The following members of the public addressed the Council: Rigo Diaz, General Manager of Recology YubaSutter; Rick Dais; and J.R. Thiara.
LIVE OAK
CITY COUNCIL
MINUTES
SEPTEMBER 16, 2026
6:00 PM
MEETING LOCATION
LIVE OAK COUNCIL CHAMBERS
9955 LIVE OAK BOULEVARD
LIVE OAK, CALIFORNIA 95953
MEMBERS OF THE COUNCIL
JERAMY CHAPDELAINE, MAYOR
AARON PAMMA, VICE MAYOR
ASHLEY HERNANDEZ, COUNCILMEMBER
NANCY SANTANA, COUNCILMEMBER
BOB WOTEN, COUNCILMEMBER
BENJAMIN MOODY,
CITY MANAGER
NICOLE ROSSER,
CITY ATTORNEY
4 LIVE OAK CITY COUNCIL MINUTES – SEPTEMBER 16, 2026
CONSENT ITEMS
Consent Calendar is passed by one motion with exceptions and separate votes as noted.
MOTION: APPROVE THE CONSENT AGENDA.
(MOTION: PAMMA; SECOND: WOTEN)
VOTE: MOTION PASSED 3-0-2
AYES: COUNCILMEMBER WOTEN, VICE MAYOR PAMMA, AND MAYOR CHAPDELAINE NOES: NONE
ABSENT: COUNCILMEMBERS SANTANA AND HERNANDEZ
1. City Council Meeting Minutes
Clarissa Menchaca, City Clerk
Council action: September 2, 2026, City Council Regular Meeting minutes approved.
2. Authorization for County of Yuba to Submit Collaborative Application for the Waste Tire Enforcement Grant, Fiscal Year 2027-28
Benjamin Moody, City Manager
Council action: Resolution No. 29-2026 adopted authorizing the County of Yuba to submit to the California Department of Resources Recycling and Recovery (CalRecycle) a Collaborative Application for the Waste Tire Enforcement Grant, Fiscal Year 2027-28, on behalf of the City of Live Oak. The resolution further authorizes the County of Yuba to execute all grant-related documents, including but not limited to applications, payment requests, agreements, and amendments necessary to secure grant funds and implement and carry out the purposes specified in the grant application.
3. Authorize the City Manager to Submit an Application for Funding Under the SACOG System Performance Program
Benjamin Moody, City Manager
Council action: Resolution No. 30-2026 adopted authorizing the City Manager, or his designee, to submit an application for funding for the “Pennington Road Sidewalk Project” to SACOG under the “System Performance Program.”
4. Recology Amendment – Franchise Fee Update to Align with Regional Agreements Benjamin Moody, City Manager
Council action: Agreement No. 2 to Collection Service Agreement approved and City Manager authorized to execute the amendment.
PUBLIC HEARING ITEMS
5. Code Enforcement Fee Update
Jaspreet Kaur, Community and Economic Development Director Jaspreet Kaur, Community and Economic Development Director, provided a report for the Council.
Public Hearing was opened at 6:46pm.
The following member of the public addressed the Council: Debra Desrosiers.
Public Hearing was closed at 6:47pm.
5 LIVE OAK CITY COUNCIL MINUTES – SEPTEMBER 16, 2026
MOTION: CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON THE PROPOSED CODE ENFORCEMENT FEE UPDATES, AND UPON CLOSE OF THE PUBLIC HEARING, ADOPT A RESOLUTION AMENDING THE CITY’S
MASTER FEE SCHEDULE TO CONSOLIDATE THE EXISTING CODE ENFORCEMENT FEES INTO A SINGLE CODE
ENFORCEMENT FEE STRUCTURE AND ESTABLISH ASSOCIATED VIOLATION AND APPEAL FEES CONSISTENT WITH TITLE 8, CHAPTER 8.24, NUISANCE ABATEMENT CODE.
(MOTION: CHAPDELAINE; SECOND: WOTEN)
VOTE: MOTION PASSED 3-0-2
AYES: COUNCILMEMBER WOTEN, VICE MAYOR PAMMA, AND MAYOR CHAPDELAINE NOES: NONE
ABSENT: COUNCILMEMBERS SANTANA AND HERNANDEZ
Reference Resolution No. 31-2026.
BUSINESS ITEMS
6. Establish an Operator-In-Training Position and Update the Water/Wastewater Operator Salary Schedule
Jessica Mata, Management Analyst
Jessica Mata, Management Analyst, provided a report for the Council.
Benjamin Moody, City Manager, addressed questions from the Council.
The following member of the public addressed the Council: Debra Desrosiers.
MOTION: 1) APPROVE THE OPERATOR-IN-TRAINING POSITION WITHIN THE PUBLIC WORKS DEPARTMENT,
CORRESPONDING JOB DESCRIPTION, AND SALARY RANGE AS REFLECTED IN THE UPDATED SALARY SCHEDULE; AND 2) APPROVE REVISIONS TO THE WATER/WASTEWATER OPERATOR I AND OPERATOR II TO ALIGN PAY LEVELS AND HELP WITH HIRING AND RETENTION. (MOTION: WOTEN; SECOND: CHAPDELAINE)
VOTE: MOTION PASSED 3-0-2
AYES: COUNCILMEMBER WOTEN, VICE MAYOR PAMMA, AND MAYOR CHAPDELAINE NOES: NONE
ABSENT: COUNCILMEMBERS SANTANA AND HERNANDEZ
7. Establish Accountant I/II Classification Series
Jessica Mata, Management Analyst
Jessica Mata, Management Analyst, provided a report for the Council.
Benjamin Moody, City Manager, addressed questions from the Council.
The following member of the public addressed the Council: Debra Desrosiers.
MOTION: 1) APPROVE THE ACCOUNTANT I/II CLASSIFICATION SERIES WITHIN THE FINANCE DEPARTMENT WITH CORRESPONDING JOB DESCRIPTION AND SALARY RANGE; AND 2) AUTHORIZE THE FINANCE DIRECTOR TO AMEND THE FY 2026-27 BUDGET BY MAKING A SUPPLEMENTAL APPROPRIATION OF $8,500 WITHIN SALARIES & BENEFITS, ALLOCATED AS FOLLOWS: GENERAL FUND - $4,675, SEWER FUND - $1,700, WATER FUND - $1,700, AND STREET FUND - $425.
(MOTION: CHAPDELAINE; SECOND: WOTEN)
6 LIVE OAK CITY COUNCIL MINUTES – SEPTEMBER 16, 2026
VOTE: MOTION PASSED 3-0-2
AYES: COUNCILMEMBER WOTEN, VICE MAYOR PAMMA, AND MAYOR CHAPDELAINE NOES: NONE
ABSENT: COUNCILMEMBERS SANTANA AND HERNANDEZ
8. Revenue Sharing Agreement with Sutter County – 1% Transactions and Use Tax Benjamin Moody, City Manager
Benjamin Moody, City Manager, provided a report for the Council.
The following member of the public addressed the Council: Liz Cervantes.
MOTION: ADOPT THE RESOLUTION, AUTHORIZING AN EXCHANGE OF TRANSACTIONS AND USE TAX REVENUES WITH THE COUNTY OF SUTTER IF VOTERS APPROVE MEASURE G.
(MOTION: WOTEN; SECOND: CHAPDELAINE)
VOTE: MOTION PASSED 3-0-2
AYES: COUNCILMEMBER WOTEN, VICE MAYOR PAMMA, AND MAYOR CHAPDELAINE NOES: NONE
ABSENT: COUNCILMEMBERS SANTANA AND HERNANDEZ
Reference Resolution No. 32-2026.
ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION There were no items removed from the Consent Agenda for Council consideration and action.
UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER City Manager Benjamin Moody provided an update regarding several action items approved at the September 15th Planning Commission meeting, highlighted the Fall Festival scheduled for September 24th on Broadway, and noted that the Water, Sewer, and Storm Drain Committee meeting and Streets, Lights, and Traffic Committee meeting were being moved to September 30th pending additional status updates on some of the items.
COUNCILMEMBER COMMENTS
Vice Mayor Pamma thanked City staff and expressed appreciation for their work. Vice Mayor Pamma also expressed frustration regarding negative comments on social media and emphasized the importance of asking questions and seeking accurate information before making conclusions or comments.
Mayor Chapdelaine stated that it was disheartening to see some of the comments posted online and encouraged residents to review the agenda packets, noting that they contain additional information and provide further detail regarding agenda items. He expressed concern about information being portrayed in a negative manner and reminded residents that the Council and City staff are available to answer questions and provide accurate information. Mayor Chapdelaine recognized City staff for their hard work and proactive efforts, noting that their efforts are reflected in the grants being obtained by the City. He also noted that a SACOG special meeting was scheduled for the following day, at which some of the grants he touched on would be finalized.
Lastly, Mayor Chapdelaine thanked the community for attending the meeting and participating. 7 LIVE OAK CITY COUNCIL MINUTES – SEPTEMBER 16, 2026
ADJOURNMENT
Mayor Chapdelaine adjourned the meeting at 7:31 pm.
Jeramy Chapdelaine, Mayor
ATTEST:
Clarissa Menchaca, City Clerk
8 Purpose:
Background:
Date: October 7, 2026
To: Honorable Mayor & Members of the City Council
From: Benjamin Moody, City Manager
Subject: Medina Parcel Map Approval - TPM 25-01
Summary: Recommendation: 1) Authorize the City Manager to enter into a Deferred Improvement Agreement for improvements
associated with the development of the parcels at 2962 Elm Street, subject to City Attorney approval; and 2) Adopt a resolution approving the two-lot parcel map for Medina, located at 2962 Elm Street, Assessor's Parcel Number 006-202-003.
Fiscal Impact: Minor staff costs associated with processing the map, with long term revenues and costs associated with
residential development.
To approve the subject parcel map in accordance with the City Municipal Code and finalize public improvement requirements.
On March 3, 2026, the Live Oak City Planning Commission conducted a Public Hearing and made the necessary findings to approve Tentative Parcel Map 25-01, subject to applicable conditions of approval.
The subject site is a 0.33-acre property located at 2962 Elm Street in the southwest part of the City. The project site is zoned Residential zone district (R-2) and designated Small Lot Residential in the City's General Plan. Land uses surrounding the project site consist of Small Lot Residential development in all directions.
Approval and recordation of the map will subdivide the property into two separate equal parcels for future residential development.
As part of the tentative map process, the development was conditioned to construct public improvements or enter into a deferred improvement agreement in accordance with the City's Municipal Code. Some of these improvements include curb, gutter, sidewalk, and road widening in accordance with Title 12 - Streets, Sidewalks, and Public Places and 16.26 Public Improvements.
CITY OF LIVE OAK
STAFF REPORT
Agenda Item 2.
9 Analysis:
Fiscal Impact:
Recommendation:
The Municipal Code states that if no curb and gutter exist within the block where new curb and gutter improvements are required, the City engineer may require that the property owner execute a deferred improvement agreement for the construction of said improvements, subject to the approval of the City Council.
In accordance with Section 16.18 of the City's Municipal Code, the applicant has submitted a final map and has requested City Council approval to proceed with recordation.
Pursuant to Chapter 16.18 of the Live Oak Municipal Code, the Live Oak City Engineer has determined that the parcel map is in full conformity with the tentative parcel map and has determined that the parcel map substantially conforms with all requirements of said tentative parcel map, applicable conditions of approval, and the Subdivision Map Act.
Historically, a deferred improvement agreement that waives the immediate requirement to build the facilities has been recommended for infill development, where the improvements are not practical for immediate installation.
Therefore, staff recommends the City Council authorize the use of a deferred improvement agreement associated with the developments street frontage improvements and adopt the attached resolution approving the parcel map.
Minor staff costs associated with processing the map, with long term revenues and costs associated with residential development.
1) Authorize the City Manager to enter into a Deferred Improvement Agreement for improvements associated with the development of the parcels at 2962 Elm Street, subject to City Attorney approval; and 2) Adopt a resolution approving the two-lot parcel map for Medina, located at 2962 Elm Street, Assessor's Parcel Number 006-202-003.
Attachments:
Resolution
Parcel Map
Draft Deferred Improvement Agreement
Planning Commission Staff Report
Agenda Item 2.
10 1
Resolution No.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVE OAK APPROVING MEDINA PARCEL MAP TPM 25-01 FOR ASSESSOR’S PARCEL NUMBER: 006-202-003
WHEREAS, the City received an application from Jose Guadalupe Medina for approval of a two-lot parcel map, located at 2962 Elm Street (APN: 006-202-003); and
WHEREAS, the project meets the requirements for a Class 15 categorical exemption from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15315 Minor Land Divisions; and WHEREAS, on March 3, 2026, the City of Live Oak Planning Commission conducted a Public Hearing and made the necessary findings to approve Tentative Parcel Map 25-01, subject to applicable conditions of approval; and WHEREAS, pursuant to Chapter 16.28 of the Live Oak Municipal Code, the Live Oak City Engineer has determined that the parcel map is in full conformity with the tentative parcel map and has determined that the parcel map substantially conforms with all requirements of said tentative parcel map, applicable conditions of approval, and the Subdivision Map Act.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Live Oak does hereby make the following required finding:
The parcel map for Medina Parcel Map TPM 25-01 is hereby approved, the City accepts the dedicated right of way and easements, and the City Clerk is hereby authorized to sign said parcel map on behalf of the City of Live Oak.
PASSED AND ADOPTED by the City Council of the City of Live Oak this 7 th day of October, 2026, by the following
vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
APPROVED:
Jeramy Chapdelaine, Mayor
ATTEST:
Clarissa Menchaca, City Clerk
11 12
PARCEL 1
0.14± ACRES
(6,100± sf)
0.14± ACRES
(6,100± sf)
PARCEL 2
NORTH
(S01°02'E) R5,R6, S01°07'02"E C (182.50') R5,R6,&C
152.50'
N89°33"E R4,R5,&R6, N89°28'46"E C (200.00') R5,&C
(60.00') R4,&C
40.00'
(60.00') R5,&C
(182.50') R4,&C
ELM STREET
40.00'
40.00' 40.00' (61.64') R4,R5,&C (61.65') R5&C
25.0'
25.0'
30.00'
30.00'
S01°07'02"E 182.50'
152.50'
(S01°02'E) R6, S01°07'02"E C (182.50') R6,&C
152.50'
(80.00') R6&C
2.22',C&M
30.0' R/W
10.0' P.S.E.
N89°33"E R4,R5,&R6, (N89°28'46"E) R1,R3,&C (125.51') R1&C, 125.44' R3 N89°33"E R6
(N89°28'46"E) R1&M(80.00') R6&M
(120.00') R6,&C
N89° 22' 14"E
192.11'
NOT TO SCALE
RICHARDS AVE. APRICOT STREET
DEREE ROAD
PENNINGTON ROAD
FIR STREET
P STREET
N STREET
CITY OF LIVE OAK
N00°00'38"W R2 (S00°05'01"E) R1&M, (2539.91') R2&M
PENNINGTON ROAD
NW COR. SECTION 5
T.16N., R.3E., MDM
AS PROJECTED INTO
THE BOGA RANCHO
FOUND 1/2" IRON PIN
IN MONUMENT WELL
PER R2
W1/4 COR. SECTION 5
T.16N., R.3E., MDM AS
PROJECTED INTO THE
BOGA RANCHO FOUND
SPIKE & WASHER
STAMPED RE 3168
PER R2
APRICOT STREET
DATE STREET
(N89°33'00"E 250.01') R1,R3,&M
FOUND STREET CENTERLINE
MONUMENT IN WELL PER R2
SAMUEL ST.
(N89°33'00"E 20.31') R1,R3,&M
FOUND STREET CENTERLINE
MONUMENT IN WELL PER R2
(943.73') R1&C (174.51') R1,R3,&C
(1239.10') R4,R6,&C
PARCEL MAP NO. _________
PREPARED BY: M.H.M. INC., 1204 "E" STREET, MARYSVILLE, CA. 95901 BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 16NORTH, RANGE 3 EAST, MOUNT DIABLO MERIDIAN SITUATED IN THE CITY OF LIVE OAK, COUNTY OF SUTTER, STATE OF CALIFORNIA.
25-619 SHEET 2 OF 2
FOR
JOSE G. MEDINA
FOUND STREET CENTERLINE
MONUMENT IN WELL
NOT OF RECORD
N89°28'46"E 676.50' M
CITY OF LIVE OAK AUGUST 2026SUTTER COUNTY, CALIFORNIA SCALE 1"=25'
FOUND REBAR AND
CAP PER R1 & R3
REBAR AND CAP PERR1 & R3 SEARCHEDNOT FOUND
BASIS OF BEARINGS
13 WHEN RECORDED, PLEASE RETURN TO:
City of Live Oak
9955 Live Oak Boulevard
Live Oak, CA 95953
DEFERRED IMPROVEMENT AGREEMENT
CITY OF LIVE OAK, )
a municipal corporation )
First Party, )
-and- )
Jose Guadalupe Medina )
2789 Paseo Road )
Live Oak CA 95953 )
Second Party. )
THIS AGREEMENT is made by and between the CITY OF LIVE OAK, a municipal corporation, hereinafter called "City," and Jose Guadalupe Medina hereinafter called "Owner" with reference to the following facts:
Owners are performing a land division of APN 006-202-003 located on the real property at 2962 Elm Street, Live Oak CA 95953 in the City of Live Oak, California; as more particularly described in Exhibit “A” attached hereto and by this specific reference made a part thereof as though set forth in its entirety.
City’s Code and Improvement Standards require that certain improvements be installed to City Standards as a prerequisite to such land division or that arrangements be made for future installation thereof. See Exhibit “B” Excerpt from Live Oak Municipal Code Chapter 12.01, INSTALLATION OF CURBS, GUTTERS, AND/OR SIDEWALKS. See Exhibit “C” for the Estimate For Frontage Improvement Fees.
City and Owners now desire to enter into an agreement to make such required improvements in the future so that the construction can proceed.
14 CITY AND OWNER THEREFORE AGREE AS FOLLOWS:
1. Owner shall, within 30 days after notification by the City, or within 5 years of the filing of this agreement, whichever occurs first, complete at Owner’s expense to the satisfaction of the City Engineer, and in accordance with all City’s standards and specifications and all applicable rules and regulations of federal, State and local law, all of the improvements set forth and described in Exhibit “B” hereto. Improvements shall be installed by a California licensed contractor.
2. Owner has deposited to the City a sum of $6,080.00 as a deposit for the estimated costs of installing the frontage improvements.
3. When the time limits specified in paragraph 1, above, have expired and Owner has not completed the improvements specified in Exhibit “B” hereto, City will have the option of treating this agreement as a petition for installation of improvements pursuant to Section 5000 et seq. of the California Streets and Highways Code, or causing the work to be done using the funds deposited per paragraph 2 above, and assessing any additional costs thereof as a lien against Owner’s property described in Exhibit “A” hereto.
4. The terms and conditions of this agreement shall be binding upon the parties hereto and their heirs, representatives, assigns, lessees, and successors in interest, and the duties and responsibilities under this agreement shall be a burden upon and shall run with the land described in Exhibit “A” hereto; City and Owners agree that a copy of this agreement, with all exhibits attached, may be recorded with the County Recorder of Sutter County to give constructive notice of its terms.
5. All costs of any litigation caused by the default by Owners of the terms and conditions of this agreement, including reasonable attorney’s fees shall be paid by Owners, and same shall become a lien upon the real property described in Exhibit “A” hereto.
6. If the City has elected either option set forth in paragraph 3 above, City has the sole and exclusive right and power to commence such construction and to determine the amount of the cost of said construction, in the event City advances such cost as herein provided. 15 7. City will, at Owner’s expense, provide necessary inspection during the work and will acknowledge its completion when finished. City’s inspection shall be limited to determine compliance with City standards. City shall not, by making this inspection, guarantee that the work is being performed in compliance with any State laws which might apply to the performance of this work and City shall not, in any case, be deemed to be responsible, in any way, for the supervision of the work of improvement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement at Live Oak, California, on ________________________________, 20_____.
CITY OF LIVE OAK _________________________________
Owner
By: __________________________________ _________________________________ Benjamin K. Moody, City Manager Jose Guadalupe Medina, Owner First Party Second Party
16 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of _______________ )
On_____________ before me, _____________________________, a Notary Public in and for said State, personally appeared, ___________________________________________________________, proved to me the basis of satisfactory evidence to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature_____________________________
17 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of _______________ )
On_____________ before me, _____________________________, a Notary Public in and for said State, personally appeared, ___________________________________________________________, proved to me the basis of satisfactory evidence to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature_____________________________
18 EXHIBIT A
LEGAL DESCRIPTION
OF PROPERTY
19 LEGAL DESCRIPTION
The land referred to is situated in the County of Sutter, City of Live Oak, State of California, and is described as follows:
A portion of the Northwest quarter of Section 5, Township 16 North, Range 3 East, M.D.B.&M., described as follows:
Commencing at a point on the West line of said Section 5, 1239.1 feet South of the Northwest corner of said section; thence North 89° 33’ East 120.0 feet to the point of beginning of the parcel hereby described; thence from said point of beginning, South 1° 02’ East 182.5 feet to a point on the South line of the lands now or formerly owned by Charles H. Earnest and Myra E.
Earnest, his wife; thence following said South line, North 89° 33’ East 80.0 feet; thence North 1° 02’ West 182.5 feet; thence South 89° 33’ West 80.0 feet to the point of beginning.
APN: 006-202-003-000
20 EXHIBIT B
§ 12.01.010. Applicability—Required improvements and plans.
A. Except as provided herein, the installation of curbs, gutters and sidewalks shall be required as part of the plans for proposed construction and/or development which will change the present use of, or increase the intensity of the use as allowed in the zoning district for the property on which the construction and/or development is proposed. No building permit, use permit, encroachment permit, or other permit or license for proposed construction or land development which requires the installation of curbs and gutters and/or sidewalks shall be issued unless there is included within the plans submitted to the City, proper and adequate plans for the construction of the required curbs, and gutters and/or sidewalks on all streets abutting the real estate on which the development is proposed.
B. For purposes of this chapter, construction which is determined to increase the intensity of the use of the property on which construction and/or development is proposed includes and is conclusively established by, but is not limited to, the following:
1. The building of any new residence.
2. The building of any additional living area onto an existing residence. The addition of an unenclosed porch, or a garage or shop building associated with a residential use shall not be considered as building additional living area for the purposes of this section.
3. Any new building construction not associated with a residential use, or a land development project requiring a building permit, use permit, encroachment permit or any other permit, license, or permission from the City.
(Ord. 460 § 1, 2001)
§ 12.01.030. New installation or repair.
A. If no curbs, gutters, or sidewalks are in place, then new installation of the same shall be required when a building permit, use permit, encroachment permit, or other permit is issued, or permission is granted by the City for the construction of a new residence or a new nonresidential building with the development of land. The property owner shall pay all costs of such installation or repair.
B. If curbs and gutters and/or sidewalks, or any of them, are in place but in need of repair, the City shall require the necessary repairs to be made, including the complete replacement of substandard facilities with new facilities if necessary, before issuing any permit as set forth in this chapter, and the repairs shall be included in the plans submitted by the real estate owner, contractor, or developer.
C. If no curb and gutter exists within the block where new curb and gutter improvements are required, the City engineer may require that the property owner execute a deferred improvement agreement for the construction of said improvements, subject to the approval of the City Council.
The property owner shall agree to pay all costs of such installation. It shall be the sole discretion of the City whether to enter into a deferred improvement agreement with the property owner or to require immediate installation of the improvements.
(Ord. 460 § 1, 2001)
§ 12.01.040. Installation required for occupancy.
The construction of curbs and gutters and/or sidewalks shall be deemed to be an integral part of the overall construction when such construction is required as a condition of the permit, as 21 set forth in this chapter, and the premises shall not be passed upon for occupancy by the building inspector until the required curbs and gutters and/or sidewalks are properly and completely installed.
(Ord. 460 § 1, 2001)
All curb, gutter, sidewalk, and street improvements shall comply with the City of Live Oak Public Works Improvement Standards (October 2015). More specifically, all work shall comply with Curb and Gutter Standard Detail #202, Sidewalks Curb and Gutter Standard Detail #204A and #204B.
The above stated requirements shall apply to the entire street frontage(s) of the property described in Exhibit A.
If the property is a corner lot, a City Standard Corner Ramp shall be constructed at the return. 22 EXHIBIT C
MEDINA ESTIMATE FOR FRONTAGE IMPROVEMENTS
Description Units Unit Price Quantity Cost
Curb & Gutter LF 26.00 80 $2,080.00
Sidewalk SF 8.00 200 $1,600.00
Driveway SF 12.00 200 $2,400.00
TOTAL FOR FRONTAGE IMPROVEMENTS $6,080.00
23 Background:
Date: March 3, 2026
To: Honorable Mayor & Members of the City Council
From: Benjamin Moody, City Manager
Subject: Medina Tentative Parcel Map 25-01
Summary: Recommendation: Conduct a Public Hearing and make the necessary findings to: adopt a resolution determining the project is Categorically Exempt from environmental review pursuant to CEQA Guidelines Section 15315, Minor Land
Divisions, and approve TSM 25-01, subject to the Conditions of Approval, creating two Single-Family Residential lots on approximately 0.33 acres, located at 2962 Elm Street,
Accessors Parcel Number 006-202-003.
Fiscal Impact: None.
Applicant/Owner: Jose Medina
Project Location: 2962 Elm Street, Assessor's Parcel Number 006-202-003 General Plan: Small Lot Residential
Zoning: R-2
On September 22, 2025, MHM Inc. submitted application materials on behalf of the applicant Jose Medina, who represents the property owner, Medina Vargas Family Trust, for a tentative parcel map to divide the property located at 2962 Elm Street, into two separate parcels for future residential development.
The proposed project site is a 0.33-acre property located at 2962 Elm Street in the southwest part of the City (Attachment 2, Location Map). The project site is currently vacant with vegetation and various on-site trees. The project site is zoned Residential zone district (R-2) and designated Small Lot Residential in the City's General Plan. Land uses surrounding the project site consist of Small Lot Residential development in all directions, including properties located to the north, south, east, and west. See Attachment 1 for reference.
CITY OF LIVE OAK
STAFF REPORT
Agenda Item 5.
241
Analysis:
Fiscal Impact:
Recommendation:
The project proposes the subdivision of the property into two separate equal parcels for future residential development. Pursuant to the Live Oak Municipal Code (LOMC), single-family residential is permitted use in the R-2 Zone District; where the proposed lot width and lot size meet zone regulations, the proposed lot subdivision would require Planning Commission approval of tentative parcel map per City Municipal requirements.
According to Section 17.02.010 of the LOMC, the intent and purpose of the City's Medium Density Residential (R-2) Zone District is as follows:
Small Lot Residential (R-2) Zone District. Provides areas similar to the R-1 Zone District but also allows for smaller single-family lots and duplexes. It also allows uses compatible with these residential uses. This zone district is primarily utilized around and within areas designated by the General Plan as a Neighborhood Center or Civic Centers. The R-2 Zone District is also consistent with the Small Lot Residential General Plan designation.
The proposed tentative parcel map is consistent with the Live Oak General Plan and Zoning Regulations. Furthermore, given the proposed site is located adjacent to residential areas, the proposed project would be consistent with the intent and purpose of the R-2 Zone District. The division of the parcels is likely to not cause public health or safety problems. There are also no public easements identified to conflict with the proposed tentative parcel map.
With approval of the proposed tentative parcel map, the 0.33-acre site can be divided into two separate lots approximately 7,300 sf each. The tentative Parcel map is valid for 24 months after its effective date.
Environmental Review:
Staff analysis of the proposed project supports a Planning Commission finding that the proposed project to divide the 0.33-acre site into two separate parcels qualifies for a Class 15 categorical exemption from the CEQA under CEQA Guidelines Section 15315, as described below:
15315. MINOR LAND DIVISIONS
Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.
None.
Conduct a Public Hearing and make the necessary findings to: adopt a resolution determining the project is Categorically Exempt from environmental review pursuant to CEQA Guidelines Section 15315, Minor Land Divisions, and approve TSM 25-01, subject to the Conditions of Agenda Item 5.
252
Approval, creating two Single-Family Residential lots on approximately 0.33 acres, located at 2962 Elm Street, Accessors Parcel Number 006-202-003.
Attachments:
Attachment #1
Attachment #2 - Location Map
Attachment #3 - Tentative Parcel Map 25-01
Attachment #4 - Resolution
Exhibit A - Tentative Parcel Map 25-01
Exhibit B - Conditions of Approval
Agenda Item 5.
263
Land Use Zoning Designation General Plan
Designation
North Single Family
Residential
R-2 Small Lot Residential
South Vacant R-2 Small Lot Residential
East Single Family
Residential
R-2 Small Lot Residential
West Single Family
Residential
R-2 Small Lot Residential
274
Legend
Addresses & Structures
Building Footprints
1 Infrastructure & Facilities
Road Centerlines
1 3
4 5
Railroads
Levees
1 Land Records & Development
Tax Parcels
Districts & Boundaries
Incorporated Cities
County Boundary
Aerials & Rasters
2025 (3 in)
Red: Band_1
Green: Band_2
Blue: Band_3
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map 0 250 500 may or may not be accurate, current, or otherwise reliable. ft 2/25/2026
Notes
Location Map
Subject Area
285
S89°33'00"W 80.00' 40.00' S01°01'59"E 182.50 ±' S01°02'00"E 182.50 ±' N01°02 0' 0"W 182 5. 0 ±' N89°33'00"E 80.00'±40.00' 40.00' 40.00' ELM STREET PARCEL 1 0.16± ACRES (7300± sf) 0.16± ACRES (7300± sf) PARCEL 2 NORTH SS W 25' 25' 25' 157.5 ±' 157.5 ±' 157.5 ±' W SS P/L EP NOT TO SCALE SCALE: 1"= 25' (E) NOT TO SCALE CITY OF LIVE OAK SUTTER COUNTY, CALIFORNIA SEPTEMBER 2025 FOR JOSE G. MEDINA 25-619 SHEET 1 OF 1 BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 16 NORTH, RANGE 3 EAST, MOUNT DIABLO MERIDIAN SITUATED IN THE CITY OF LIVE OAK, COUNTY OF SUTTER, STATE OF CALIFORNIA. PREPARED BY: M.H.M. INC., 1204 "E" STREET, MARYSVILLE, CA. 95901 TENTATIVE PARCEL MAP NO. 2025 -00_ _ WATER: CITY OF LIVE OAK WATER SUPPLY SYSTEM SEWER: CITY OF LIVE OAK SEWAGE COLLECTION SYSTEM DRAINAGE: NATURAL DRAINAGE TO REMAIN AS EXISTS BUILDINGS: NO EXISTING BUILDINGS EXISTING LAND USE: RESIDENTIAL ZONE: R2 (MULTI-FAMILY RESIDENTIAL) APN 006-202-003 R2 EXISTING A.P. NUMBERS & AREAS APN 006-202-003 0.33± ACRES (14,600± SF) PROPOSED AREAS: PARCEL 1 0.16 ± ACRES (7300± SF) PARCEL 2 0.16 ± ACRES (7300± SF) COMMUNICATIONS: OWNER/APPLICANT & ENGINEER TO RECEIVE ALL COMMUNICATIONS MHM, INC. a Verdantas Company 1204 "E" STREET P.O. BOX "B" MARYSVILLE, CA. 95901 PHONE (530) 742-6485 ATTN: ROGER HANLIN, PLS [email protected] CALCULATED POINT EXISTING BOUNDARY SUTTER COUNTY GIS PARCEL LINES RIGHT OF WAY (R.O.W.) EDGE OF PAVING PROPERTY LINE SEWER MANHOLE SANITARY SEWER WATER JOSE G. MEDINA 2789 PASEO ROAD LIVE OAK, CA 95953 PHONE: (530 ) 713-6785 jminsulation13@gmailcom MEDINA VARGAS FAMILY TRUST DATED APRIL 10, 2025 2789 PASEO ROAD LIVE OAK, CA 95953 PHONE: (530 ) 713-6785 jminsulation13@gmailcom RICHARDS AVE. APRICOT STREET
DEREE ROAD PENNINGTON ROAD FIR STREET
P STREET
N STREET CITY OF LIVE OAK SSW 629
1 Resolution No.
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVE OAK APPROVING TENTATIVE PARCEL MAP (TPM) 25-01, MEDINA SUBDIVISON, SUBJECT TO THE CONDITIONS OF APPROVAL
AND DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO CEQA GUIDELINES SECTION 15315, MINOR LAND DIVISIONS, LOCATED AT 2962 ELM STREET, ASSESSOR’S PARCEL NUMBER 006-202-003
WHEREAS, the City received Tentative Parcel Map application (TPM 25-01), Exhibit A, in September 2025 to subdivide approximately 0.33 acres into two residential lots; and WHEREAS, this property is within Live Oak’s city limits; and WHEREAS, a review of the General Plan and Zoning Regulations determined the proposed subdivision is consistent with the Live Oak General Plan and Zoning Regulations; and WHEREAS, the City on February 21, 2026, published a legal notice and a Public Hearing notice was mailed to each property owner within at least 300 feet of the project site in compliance with State law concerning the Planning Commission’s consideration on February 18, 2026; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 3, 2026, and considered all of the project and environmental information presented by staff, public testimony and all the background information.
NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Live Oak resolves and orders as follows:
Environmental Review: Based on the whole of the administrative record, the project is exempt from CEQA pursuant to CEQA Guidelines, section 15315 and there is no substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines:
1. The project proposes the division of a property located within an area zoned for residential with less than four parcels.
2. The proposed subdivision is consistent with the City of Live Oak General Plan and zoning regulations, requires no variances or exceptions, and has access to existing public services and infrastructure.
Therefore, the project is exempt from further environmental review under CEQA.
3. The parcel does not have an average slope greater than twenty.
4. The parcel was not involved in the division of a larger parcel within the previous two years.
Findings: None of the following findings set forth in Live Oak Municipal Code Section 16.14, and the California Subdivision Map Act Section 66474 that require the City to deny the approval of a tentative map apply to this project
1. The proposed tentative map is not consistent with the with the City of Live Oak General Plan, any applicable specific plan, Zoning Regulations, the Improvement Standards, the Citywide Design Guidelines, or any portions of the City of Live Oak Municipal Code or its standards and specifications, or the Subdivision Map Act;
2. The site is not physically suited for the proposed density of development.
3. The site is not physically suited for the proposed type of development. 307
4. The design of the subdivision or the type of improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
5. The design of the subdivision or the type of improvements is likely to cause serious public health problems.
6. The design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
AND, BE IT FURTHER RESOLVED, that the Planning Commission, approves Tentative Parcel Map 25- 01, subject to the Conditions of Approval as provided in Exhibit B.
PASSED AND ADOPTED by the Planning Commission of the City of Live Oak this 3 rd day of March, 2026, by
the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
APPROVED:
ATTEST:
Clarissa Menchaca, City Clerk
318
S89°33'00"W 80.00' 40.00' S01°01'59"E 182.50 ±' S01°02'00"E 182.50 ±' N01°02 0' 0"W 182 5. 0 ±' N89°33'00"E 80.00'±40.00' 40.00' 40.00' ELM STREET PARCEL 1 0.16± ACRES (7300± sf) 0.16± ACRES (7300± sf) PARCEL 2 NORTH SS W 25' 25' 25' 157.5 ±' 157.5 ±' 157.5 ±' W SS P/L EP NOT TO SCALE SCALE: 1"= 25' (E) NOT TO SCALE CITY OF LIVE OAK SUTTER COUNTY, CALIFORNIA SEPTEMBER 2025 FOR JOSE G. MEDINA 25-619 SHEET 1 OF 1 BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 16 NORTH, RANGE 3 EAST, MOUNT DIABLO MERIDIAN SITUATED IN THE CITY OF LIVE OAK, COUNTY OF SUTTER, STATE OF CALIFORNIA. PREPARED BY: M.H.M. INC., 1204 "E" STREET, MARYSVILLE, CA. 95901 TENTATIVE PARCEL MAP NO. 2025 -00_ _ WATER: CITY OF LIVE OAK WATER SUPPLY SYSTEM SEWER: CITY OF LIVE OAK SEWAGE COLLECTION SYSTEM DRAINAGE: NATURAL DRAINAGE TO REMAIN AS EXISTS BUILDINGS: NO EXISTING BUILDINGS EXISTING LAND USE: RESIDENTIAL ZONE: R2 (MULTI-FAMILY RESIDENTIAL) APN 006-202-003 R2 EXISTING A.P. NUMBERS & AREAS APN 006-202-003 0.33± ACRES (14,600± SF) PROPOSED AREAS: PARCEL 1 0.16 ± ACRES (7300± SF) PARCEL 2 0.16 ± ACRES (7300± SF) COMMUNICATIONS: OWNER/APPLICANT & ENGINEER TO RECEIVE ALL COMMUNICATIONS MHM, INC. a Verdantas Company 1204 "E" STREET P.O. BOX "B" MARYSVILLE, CA. 95901 PHONE (530) 742-6485 ATTN: ROGER HANLIN, PLS [email protected] CALCULATED POINT EXISTING BOUNDARY SUTTER COUNTY GIS PARCEL LINES RIGHT OF WAY (R.O.W.) EDGE OF PAVING PROPERTY LINE SEWER MANHOLE SANITARY SEWER WATER JOSE G. MEDINA 2789 PASEO ROAD LIVE OAK, CA 95953 PHONE: (530 ) 713-6785 jminsulation13@gmailcom MEDINA VARGAS FAMILY TRUST DATED APRIL 10, 2025 2789 PASEO ROAD LIVE OAK, CA 95953 PHONE: (530 ) 713-6785 jminsulation13@gmailcom RICHARDS AVE. APRICOT STREET
DEREE ROAD PENNINGTON ROAD FIR STREET
P STREET
N STREET CITY OF LIVE OAK SSW 932
3/3/2026
1 CITY OF LIVE OAK
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 25-01
March 3, 2026
MEDINA PARCEL MAP – PM 25-01
APN: 006-202-003
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
IMPORTANT: PLEASE READ CAREFULLY
Please note that this project is subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through tentative subdivision map review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.
Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings can be made.
All discretionary conditions of approval will ultimately be deemed mandatory unless appealed by the applicant to the City Council within ten (10) days after the decision by the Planning Commission. In the event you wish to appeal the Planning Commission’s decision or discretionary conditions of approval, you may do so by filing a written appeal with the City Clerk. The appeal shall state the grounds for the appeal and wherein the Commission failed to conform to the requirements of the zoning ordinance. This should include identification of the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld.
These conditions are applicable to any person or entity making use of this tentative subdivision map, and references to “developer” or “applicant” herein also include any applicant, property owner, owner, leasee, operator, or any other person or entity making use of this tentative subdivision map.
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2 CONDITIONS OF APPROVAL
1. To the furthest extent allowed by law, applicant/property owner shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative record preparation costs) arising from, resulting from, or in connection with any Third-Party Action (as hereinafter defined). The term “Third Party Action” collectively means any legal action or other proceeding instituted by (i) a third party or parties, or (ii) a governmental body, agency or official other than the City, that: (a) challenges or contests any or all of these Conditions of Approval or any approval associated with entitlements associated with the project (collectively “Approvals”); or (b) claims or alleges a violation of CEQA or another law in connection with the Approvals by the City, or the grant, issuance or approval by the City of any or all Approvals. Applicant’s/property owner’s obligations under this paragraph shall apply regardless of whether City or any of its officers, officials, employees, consultants, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this section shall survive any termination, revocation, overturn, or expiration of an approval.
Nothing in this section shall obligate the City to defend any claim and the City shall not be required to pay or perform any settlement arising from any such claim not defended by the City, unless the City approves the settlement in writing. Nor shall the City be prohibited from independently defending any claim, and if the City does decide to independently defend a claim, the applicant/property owner shall be responsible for City’s attorneys’ fees, expenses of litigation, and costs for that independent defense, including the costs of preparing any required administrative record. Applicant/property owner shall submit all documents filed in the Third-Party Action for review and approval of the City Attorney prior to filing of said documents on behalf of the City.
The City may, at any time, require the applicant to reimburse the City for costs that have been, or which the City reasonably anticipates will be, incurred by the City during the course of processing or defending any Third-Party Actions. The City shall provide applicant/property owner with an invoice detailing all reasonable costs incurred. Applicant/property owner shall tender to the City payment-in-full of all reasonable and necessary costs within thirty (30) days from the date upon the invoice. Applicant/property owner shall contact the City within a reasonable time to arrange any extension of the thirty (30) day time period for payment-in-full of the invoiced amount. Applicant/property owner further acknowledges and agrees, failure to timely tender payment-in-full to the City shall be considered a breach and non-compliance with the conditions of approval for the project. Applicant/property owner shall also be required, upon request of the City, to deposit two month’s estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a positive balance pending tender of payment by Applicant/property owner as noted herein.
2. Preparation of the Final Parcel Map and lot design shall comply with all related provisions of the California Subdivision Map Act, Live Oak Municipal Code, Live 1134
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3 Oak Improvement Standards, and in conformance with TPM 25-01, as approved by the Planning Commission
3. The development and operation of the project shall comply with CEQA Guidelines sec. 15315 Minor Land Divisions.
4. The development and operation of the project shall comply with all local, state, and federal codes (including Building and Fire codes) and local development standards. a. The Developer or Representative shall obtain an Encroachment Permit from the City prior to performing any work within public rights of way.
5. Any development on Parcels 1 and 2 shall be connected to City water and sewer systems in accordance with the Public Works Improvement Standards.
6. Development of this property will require payment of the Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee (DIF) pursuant to Live Oak Ordinance No. 585. The DIF fees are to be paid (or an agreement entered into with the City of Live Oak and SBFCA that constitutes satisfaction of the DIF obligation) prior to issuance of a Certificate of Occupancy. For questions pertaining to the DIF, please contact Sutter Butte Flood Control Agency at (530) 755-9859 or go to https://sutterbutteflood.org/finance/regional-levee-dif.
7. The improvement plans for the development of the subject property shall include all measures required to ensure that no drainage runoff resulting from the development of the property flow onto the adjacent lands or impede the drainage from those lands. At first submittal of the improvement plans, provide existing / proposed grades at the perimeter of the proposed development, and existing grades at the adjacent lands. If retaining walls are required, they shall be constructed of concrete or masonry block.
8. Obtain all necessary approvals from City, State, and Federal agencies, utilities and other effected parties that are required for the project including, but not limited to, the preparation of drawings, studies, reports and permit applications, and payment of fees. Prior to City approval of the Improvement Plans, the Developer shall provide evidence, to the satisfaction of the Public Works Department, that all such obligations have been met.
9. The development shall comply with all applicable Reclamation District 777 requirements related to drainage, including submittal of a drainage plan for any drainage improvements that utilize RD 777 facilities for approval by RD 777.
10. The Developer shall comply with all Sutter County requirements related to drainage, including submittal of a drainage plan for any drainage improvements that utilize County facilities for approval by the Sutter County Public Works Director
11. The improvement plans shall indicate the locations of all prior hull deposit pits, detention pond(s), and all roadway culvert(s). All unsuitable material is to be removed and replaced as recommended by a Geotechnical Engineer licensed in the State of California, and/or in accordance with Live Oak Public Works. 1235
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4 12. All onsite overhead utilities, including but not limited to, utility poles and all appurtenances are to be removed in accordance with utility requirements/guidelines. The development shall be serviced with underground utilities. No new overhead utilities, including but not limited to electrical and telecommunications are allowed, except as otherwise determined by the Community Development Director.
13. The development of the parcel is not subject to undergrounding existing overhead utilities along Elm Street in accordance with Municipal Code 16.24.090 C.2 with the basis of being determined unreasonable and impracticable.
14. The development is subject to construct frontage improvements to City standards, or as approved by the Public Works Director, in accordance with Municipal Code
12.01 Installation of Curbs, Gutters, and/or Sidewalks and as applicable in MC
16.26 Public Improvements. Work is to include any reconstruction and/or widening of Elm Street to align with the installation of said public improvements.
Should property owner desire to enter into a deferred improvement agreement for the construction of said improvements in accordance with MC 12.01.030 C.
Additional, minimum improvements with the development may be required as determined by the Public Works Director, including but not limited to asphalt driveways and alternative drainage improvements.
15. All existing well(s), septic tank(s), and service lines shall be destroyed in accordance with the requirements of the Sutter County Environmental Health and Live Oak Building Departments, respectively. Connections shall be made to public sewer and water. The Developer shall pay all applicable fees.
16. The contractor shall maintain record drawings of the improvements and keep them on site at all times. When the project is complete, the contractor shall deliver a marked set of plans to the Engineer of Record. The Engineer of Record shall update the improvement plans with the record information. Once the changes have been added to the plans, the Engineer of Record shall submit both an electronic copy (Civil 3D version 2020 or newer) and a hard copy to the City. The City will not accept the completion of the improvements until the electronic copy and hard copy have been submitted.
17. Prior to recording of the final map the Applicant/Developer shall execute a subdivision agreement with the City of Live Oak if required public improvements have not been constructed or deferred in accordance with City requirements.
18. Prior to recording of the final map the Applicant/Developer shall annex the subject property into, or establish a Special Assessment (SA) or Community Facilities District (CFD) as directed by the City in order to ensure adequate operational and maintenance funding availability. The SA or CFD will pay for any and all municipal services such as fire, police, parks, lighting, animal control, and any other identified municipal services. The Applicant/Developer will be responsible for all costs required to establish or annex into the SA or CFD.
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5 19. The Developer shall dedicate right-of-way to the City as follows, or as approved by the Public Works Director [Note: all necessary right of way and easements are to be dedicated with the recordation of the Final Map]
a. Elm Street, on the south side, along the northerly boundary of the existing parcel, shall have right-of-way dedicated to a width of 30.0 feet (measured from centerline) with an adjoining 10.0 Public Utility Easement.
20. As applicable, the Post Construction Statement of Responsibility shall be recorded at the Sutter County Recorder’s Office.
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