Needles City Council
October 10, 2023

(ACT) ACTION NEEDED
(INF) INFORMATION ONLY
(DIS) DISCRETIONARY

AGENDA AMENDED

REGULAR MEETING OF THE CITY COUNCIL

NEEDLES PUBLIC UTILITY AUTHORITY

CITY OF NEEDLES, CALIFORNIA

CITY COUNCIL CHAMBERS
1111 BAILEY AVENUE, NEEDLES
TUESDAY, OCTOBER 10, 2023
COUNCIL EXECUTIVE SESSION – 5:00 PM
CITY COUNCIL MEETING – 6:00 PM

THE PUBLIC MAY ATTEND VIA TEAMS AND MAY SUBMIT ANY COMMENTS IN WRITING PRIOR TO NOON ON THE DAY OF THE MEETING BY EMAILING [email protected] TO JOIN THE LIVE TEAMS MEETING: log into the City of Needles website at www.cityofneedles.com to access the agenda and Click here to join the meeting If asked, enter the following: Meeting ID: 936 974 335# OR listen in and participate by calling Teams: 1-323-488-2227 - Meeting ID: 936 974 335# The meetings are being recorded.

CALL TO ORDER

ROLL CALL

RECESS THE CITY COUNCIL MEETING AND CONVENE A JOINT COUNCIL / NPUA MEETING

PUBLIC COMMENTS PERTAINING TO THE EXECUTIVE SESSION ITEMS A three-minute time limit per person has been established.

RECESS TO EXECUTIVE SESSION

EXECUTIVE SESSION
a. Potential initiation of litigation pursuant to Government Code Section 54956.9(d)(4) - One Potential Case
b. Conference with Legal Counsel – Existing Litigation (Gov’t Code § 54956.9(d)(1)) In re: City of Needles v. John W. Laswell, et al. – 1311 Broadway California Superior Court-County of San Bernardino (Case No. CIVSB2318161) c. Conference with Legal Counsel – Existing Litigation (Gov’t Code § 54956.9(d)(1)) In re: City of Needles v. Goldwin, LLC, et al. – 1707 Needles Highway California Superior Court-County of San Bernardino (Case No. CIVSB2300896) EXECUTIVE SESSION - Report by City Attorney

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

INVOCATION

APPROVAL OF AGENDA

CONFLICT OF INTEREST

CORRESPONDENCE

INTRODUCTIONS
CITY ATTORNEY – Parliamentary Procedures
1 As a courtesy to those in attendance, we would ask that cell phones be turned off or set in their silent mode. Thank you
PUBLIC APPEARANCE - Persons wishing to address the NPUA / City Council on subjects other than those scheduled are requested to do so at this time. When called by the Mayor, please announce your name and address for the record. In order to conduct a timely meeting, a three-minute time limit per person has been established by Municipal Code Section 2-18. Amendments to the California Government Code Section 54950 prohibits the City Council from taking action on a specific item until it appears on the agenda.

PRESENTATIONS
(A ten-minute time limit per presentation has been established per Municipal Code Section 2-18.)

1. Administer Oath of Office to Patrick Martinez, City Manager and Rainie Torrance, Utility Manager

2. Presentation by Institute for Local Governments (ILG) 2023 Beacon Spotlight Award to the City of Needles

PUBLIC HEARINGS

3. Public hearing noticed to consider all evidence and testimony for or against City Council Resolution 2023-55 approving an Amendment to City Council Resolution 2022-75 adding Cannabis Consumption to the existing 2,399 Sq. Ft. Retail Cannabis Business to be located at 2701 Columbus Drive also known as APN 0660-081-40-0000 in the C-2 General Commercial Zone.
 Staff Report
 Council Questions of Staff
 Mayor to open the public hearing
 Public Comment
o Applicant Comments
o Comments in Favor
o Comments Opposed
o Applicant Rebuttal
 Mayor to close the public hearing
 Council Discussion / Deliberation
 Resolution 2023-55 approving an Amendment to City Council Resolution 2022-75 adding Cannabis Consumption to the existing 2,399 Sq. Ft. Retail Cannabis Business to be located at 2701 Columbus Drive also known as APN 0660-081-40-0000 in the C-2 General Commercial Zone. (ACT)

4. Public hearing noticed to consider all evidence and testimony for or against Ordinance No 663-AC amending the Needles Municipal Code (NMC) sections of the Zoning Ordinance as follows: Section 94 “Permits”, Section 96 “Uses”, Section 97 “Intensity of Uses”, Section 98 “Site Requirements”, Section 99 “Development Standards”, Section 111 “Vehicular Provisions”, Section 112 “Special Requirements for Certain Users”, Section 115 “Nonconforming Situations”, Needles Municipal Code Chapter 19 “Subdivision of Land”  Staff Report
 Council Questions of Staff
 Mayor to open the public hearing
 Public Comment
 Mayor to close the public hearing
 Council Discussion / Deliberation
 Ordinance No. 663-AC Amending the Needles Municipal Code (NMC) sections of the Zoning Ordinance as follows: Section 94 “Permits”, Section 96 “Uses”, Section 97 “Intensity of Uses”, Section 98 “Site Requirements”, Section 99 “Development Standards”, Section 111 “Vehicular Provisions”, Section 112 “Special Requirements for Certain Users”, Section 115 “Nonconforming Situations”, Needles Municipal Code Chapter 19 “Subdivision of Land” (ACT)
2 5. Resolution 2023-56 approving Tentative Parcel Map 20388 subdividing 6.5 acres +/- into 2 parcels located in the R2 (Two Family Residential Zone), also known as APN 0185-233-55, located behind 1335 Lilly Hill Drive, and consider possible sale  Staff Report
 Council Questions of Staff
 Mayor to open the public hearing
 Public Comment
o Applicant Comments
o Comments in Favor
o Comments Opposed
o Applicant Rebuttal
 Mayor to close the public hearing
 Council Discussion / Deliberation
 Resolution 2023-56 approving Tentative Parcel Map 20388 subdividing 6.5 acres +/- into 2 parcels located in the R2 (Two Family Residential Zone), also known as APN 0185-233-55, located behind 1335 Lilly Hill Drive, and consider possible sale (ACT)

PUBLIC COMMENTS PERTAINING TO THE NPUA/COUNCIL ITEMS
A three-minute time limit per person has been established.

NPUA / COUNCIL CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and will be enacted by one motion in the form listed. The Mayor or any member of the NPUA / City Council may pull an item from the Consent Calendar for discussion. Prior to NPUA / Council action, a member of the public may address the NPUA / City Council on matters scheduled on the Consent Calendar. A three-minute time limit per person applies. RECOMMENDED ACTION: Approve Items 6 through 9 on the Consent Calendar by affirmative roll call vote (ACT)

6. Accept the annual report to the California Energy Commission Power Content Label for year ending December 31, 2022

7. Authorize the purchase of a Terex TC55 Optima 2023 Freightliner bucket truck at a cost not to exceed $243,785 utilizing electric vehicle replacement funds

8. Approve a 3.6% cost-of-living (COLA) increase in water and wastewater basic service rates as of November 1, 2023

9. Approve a 3.6% cost-of-living (COLA) increase in electric basic service charge rate as of November 1, 2023, approve an over-hydro rate of $0.1467 effective November 1, 2023 ; and approve the methodology to calculate the annual electric base rate and the power cost adjustment rate based on the rate calculation spreadsheet

END OF NPUA CONSENT CALENDAR

ADJOURN THE JOINT NPUA/COUNCIL MEETING AND CONVENE A JOINT COUNCIL/HOUSING

AUTHORITY BOARD OF COMMISSIONERS MEETING (HACN)
CALL TO ORDER (Roll Call Previously Taken)

PUBLIC COMMENTS PERTAINING TO THE HACN/COUNCIL ITEMS
A three-minute time limit per person has been established.

COUNCIL CONSENT CALENDAR All matters listed on the Consent Calendar are considered to be routine and will be enacted by one motion in the form listed. The Mayor or any member of the City Council may pull an item from the Consent Calendar for discussion. Prior to Council action, a member of the public may address the City Council on matters scheduled on the Consent Calendar. A threeminute time limit per person applies. RECOMMENDED ACTION: Approve Items 10 through 16 on the Consent Calendar by affirmative roll call vote. (ACT)

10. Approve the Warrants Register of September 26, 2023 and October 10, 2023 3 11. Approve the Minutes of the July 15, 2023 Goal Setting Session (To be emailed to Council)

12. Ratify the City Manager’s Signature for the California for All Animals Statewide Animal Shelter Services Agreement dated October 5, 2023

13. Waive the reading and adopt Resolution No. 2023-43 renaming the Lillyhill Booster Station to the William “Bill” M. Claypool III Booster Station

14. Award the base bid for the public restroom sewer line repair project to New Power Contracting for building mechanics for a total bid amount of $24,750 plus 10% contingency for a total project cost of $27,225 and authorize staff to execute a public works agreement with the contractor and issue a Notice of Award and Notice to Proceed

15. Resolution 2023-57 Authorizing City Manager to Execute the Program Supplement No. F0004 to Administering Agency-State Agreement for Federal Aid Projects with the State of California Department of Transportation (Caltrans) for the administration of Federal Aid funds for the Obernolte Water Service Replacement and Street Improvements project.

16. Waive the reading and adopt Ordinance No. 664-AC amending Section 13-44 to prohibit stopping, standing or parking at the Electric Vehicle Charging Stations unless the vehicle is connected for electric charging violators are subject to towing (2nd reading – publish)

END OF COUNCIL CONSENT CALENDAR

REGULAR COUNCIL ITEMS

17. Provide staff direction based on the Aquatic Center Audit and Summary of Findings (ACT)

18. Mission Statement and Goals for Fiscal Year 2023-2024 (DIS)

19. Accept the Memorandum of Understanding with Janet Jernigan for the El Garces Rental Program (ACT)

20. Visitor Center Services Agreement Amendment (ACT)

21. Employee Appreciation Event (ACT)

CITY ATTORNEY REPORT

CITY MANAGER REPORT
State of Cannabis - Update

COUNCIL REQUESTS
Councilmember Campbell
Councilmember McCorkle
Vice Mayor Merritt
Council Member Pogue
Councilmember Belt
Councilmember Longbrake
Mayor Jernigan

ADJOURNMENT

INTERNET ACCESS TO CITY COUNCIL AGENDAS AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT: HTTP://WWW.CITYOFNEEDLES.COM Posted: October 6, 2023
SB 343-DOCUMENTS RELATED TO OPEN SESSION AGENDAS -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office, 817 Third Street, Needles, CA 92363.

In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (760) 326-2113 ext 145. Notification 48 hours 4 prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-104 ADA Title II).

I hereby certify, under penalty of perjury under the laws of the State of California that the foregoing Agenda was posted at the front entrance of City Hall not less than 72 hours prior to the meeting.

Dated this 6th day of October, 2023
/s/        Dale Jones, CMC, City Clerk
5 6
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27 Item 3.

ATTACHMENT A: Project Location
APPLICANT: Jesse Dean Brown
SITE ADDRESS: 2701 Columbus 28
Item 3.

ATTACHMENT B-1: Existing Site Plan
APPLICANT: Jesse Dean Brown
SITE ADDRESS: 2701 Columbus 29
Item 3.

ATTACHMENT B-2: Proposed Site Plan
APPLICANT: Jesse Dean Brown
SITE ADDRESS: 2701 Columbus 30
Item 3.

ATTACHMENT C-1: First Floor Plan
APPLICANT: Jesse Dean Brown
SITE ADDRESS: 2701 Columbus 31
Item 3.

ATTACHMENT C-2: Second Floor Plan
APPLICANT: Jesse Dean Brown
SITE ADDRESS: 2701 Columbus 32
Item 3.

ATTACHMENT E-1: Previously Approved Floor Plan
APPLICANT: Jesse Dean Brown
SITE ADDRESS: 2701 Columbus 33
Item 3.

ATTACHMENT E-1: Elevation Plan
APPLICANT: Jesse Dean Brown
SITE ADDRESS: 2701 Columbus 34
Item 3.

ATTACHMENT G: Rendering
APPLICANT: Jesse Dean Brown
SITE ADDRESS: 2701 Columbus 35
Item 3.

CITY OF NEEDLES Form #1 (5-2020)

APPLICATION FOR CONDITIONAL USE PERMIT

CANNABIS FACILITY

DISPENSARY AND/OR CONSUMPTION LOUNGE
Community Development Department
817 Third Street; Needles, CA 92363
760-326-3805
FlLING PROCEDURES:

The application and attachments for a Use Permit must be completed as prescribed before it can be accepted for consideration.

Documents included:

1. Application for Use Permit

2. Checklist of required documents/drawings

3. California Environmental Quality Act (CEQA) Checklist

4. Templates for Water Will Serve and Electric Will Serve Letters 5 Concurrence Document for Payment of Electric Line Upgrades and Substations

6. San Bernardino County Fire Dept. CUP Application and Fee Required Fees
7a. Land Use Entitlement Deposit- $35,000 excluding CEQA Fees -vacant land Or
7b Land Use Entitlement Deposit - $20,000 site with existing structures - no CEQA required

8. Other environmental fees for outside consultants for environment document preparation, review, etc. as determined by staff based on project requirements - to be determined

9. Payment of Fees for Electric Line Upgrades and Substations - $100,000 per megawatt or percentage thereof $50,000 for purchase of each transformer(s)
Note: any unused portion of the deposit will be refunded to the applicant upon completion of the entitlement/appeal process
PROCEDURE BY CITY:

1. The application will be reviewed for adequacy and determination is made whether a project is exempt or an Initial Study is required. The CEQA Checklist is required to be completed for this purpose.

2. If an Initial Study is required, the applicant will be notified and the preparation of the documentation can either be done by someone selected by the City at the applicant's cost, or by someone selected by the applicant.

Completed documentation is submitted to the City. City reviews to ensure all infonnation has been submitted, and the application is then deemed "complete". The environmental documentation is circulated to the various agencies for the 30-day review period, etc.

3. A date for Planning Commission review will be set. The Planning Commission holds public hearings on the 1st Wednesday of each month, beginning at4:00 PM.

4. When processing the application, the Planning Commission will consider such factors as:
• Does the proposal conform to the intent and purpose of the General Plan, zoning regulations and policies for protecting the physical and human enviromnent of the neighborhood and community; • The design of the improvements must be in harmony with the neighborhood and community objectives;
• If the proposal is approved, conditions of approval may be imposed with respect to site design, building design, maintenance, improvements or operation of the use.

5. If the Planning Commission recommends approval of the CUP, the item will be placed on the City Council Agenda. The City Council meets the 2nd and 4th Tuesday of each month @ 6:00 P.M.

6. Building permits will not be issued until the Use Permit proceeding is concluded including the appeal period. 8-1-201 7
Exhibit H
36 Item 3.

CITY OF NEEDLES, CALIFORNIA
Application For Cannabis Business - Conditional Use Permit Name of Applicant: Needles Flower Refinery Phone: 760-715-3382 (Applicant must be the owner of the land, the lessee having a lease-hold interest of not less than 5 years, or the agent of any of the foregoing duly authorized in writing)
_· _I_ , (I/We) the undersigned, Jesse Dean Brown (Owner/Lessee/Agent) of the property ljsted below, hereby request that the following stated use be permitted to be constructed and/or operated.

1. 2.

3. Project name and address: Needles Flower Refinery-2701 Columbus Dr. Needles, CA 92363 Legal Description of Parcel (attach if necessary): see attached Exhibit A Briefly Describe: a. Purpose and Intent of proposed project (include acres, square feet, units, etc.). to construct a consumption lounge with the dispensary building b. Population projection (project residents): _ _______________ _ c. Number of persons employed during operation: full time __ 3 _ _ ~art time _____ _ d. Will the Project require new utility services? X yes ___ no

1. Water Service ____ no. If so, estimated peak water demand in gallons/minutes:
--------~ service requirement.

Sewer Service ____ no. Any chemical wastes expelled in sewers? ___ _ lfyes, explain: __________________________ _
u1. Electric Service: main size • single phase ___ ; three phase _ __ _ Attachment to existing electric facilities: load calculations ______ _ e. Estimated daily vehicular traffic generated by the operation: _____ Comment: ______ _ f. List major machines - give horsepower and noise rating in decibels: - - - ---------- A/C Units
g. Will the project require a permit from the Air Pollution Control District, and if so, describe: ----- No
h. What will be the hours ofoperation: 1 0:00am-7:00pm
i. Describe materials or machinery that will be stored or parked outside: __ N_o_n_e _______ _

5. Tdentify any other licenses you hold for cannabis in Calitbmia Type of License
Dispensary
Cultivation
Manufacturing
Testing/Lab
Distribution/Transportation
Other X
California City Issuing License
X
X
Consumption Lounge

6. Attached ( ): Site Plan ( ); Elevations ( ); Filing Fee ( ); Legal ( ); (site plans folded 8 ½" x 11 " reduction) 8-1 -2017 2 37
Item 3.

AUTHORIZATION
Names and signatures of all persons having an interest in the property whose consent is required (by virtue of such interest) to authorize filing of application.

Capacity
Name (print or type) Address Owner/Lessee

1. Jesse Dean Brown 12639 Johnson Rd. Phelan, CA 92371 x L,---1,z Signature ___ r ____ f ______ _ _ _ ___ _

2. -----------------
Signature __________________ _

3. ________________ _
Signature ______________ _____ _
All signatures represent that they have full legal capacity to, and hereby do, authorize the filing of this application.

Leaseholds must be for at least five years or the owner shall be required to sign this application.

Subscribed and sworn before me this ___ day of _ _ ______ ~ 20 _ _ _ _______________ _ ss: ____ _____ _ ____ _
My Commission Expires: Notary Public ( or City Staff)

CERTIFICATON
1 certify that the information and exhibits herewith submitted are true and am to file this application and act on behalf of the signatories of e abov Capacity: _ ___ owner: _ _ _ lessee: _____ agent of Needles Flower Refinery Person(s) to be contacted regarding this application if other than myself:
____________________ Address: ______________ __ _
_________ ___________ Address: _ _____ _ _______ __ _
* ** ** **** * ************* * * * ****** * ***************************** (STAFF USE ONLY)
Date filed Rec'd by Receipt No. --- - - ----- - - --- - - ------- ------ 8- 1-2017 3 38
Item 3.

APPENDIXG

ENVIRONMENTAL CHECKLIST FORM
#2

1. Project title: _____ N_e_e_d_le_s_F_l_o_w_e_r_R_e_f_in_e_ry:::..,__ _____________ _

2. Lead agency name and address:

MO+RE Design Solutions
14176 Amargosa Rd. Suite C Victorville, CA 92392

3. Contact person and phone number: Cheryl Montanez 760-715-3382

4. Project location: 2701 Columbus Dr. Needles, CA 92392 APN# 0660-081-30

5. Project sponsor's name and address:

6. General plan designation: _C_o_m_m_e_rc_ia_l ______ _

7. Zoning: C-2 Commercial

8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) To construct a consumption lounge with the dispensary building

9. Surrounding land uses and setting: (Briefly describe the project's surroundings) North-Interstate 40; South-vacant lot; East-fast food restaurant; see site plan for specific lot description

39 Item 3.

10. Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement.)

11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? NOTE: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission's Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation.

Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.

40 Item 3.

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:

The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," as indicated by the checklist on the following pages.
[]Aesthetics
Biological Resources
Geology/Soils
Hydrology/Water Quality
No se
Recreation
Outilities / Service Systems

DETERMINATION
Agr culture/ Forestry
Resources
Ocultural Resources
Greenhouse Gas Emissions
Oland Use/ Planning
Population/ Housing
Transportation
wildfire
On the basis of this initial evaluation:

Air Quality
Energy
Hazards and Hazardous
Materials
Mineral Resources
Public Services
Tribal Cultural Resources
Mandatory Findings of
Significance
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier l;IR or NEGATIVE DECLARATION, including revi:sion:s or mitigation measures that are imposed upon the proposed project, nothing further is required.

Signatpre Date

41 Item 3.

EVALUATION OF ENVIRONMENTAL IMPACTS

1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors, as well as general standards (e.g., the project would not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

2. All answers must take account of the whole action involved, including off-site as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.

4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level.

5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration.

Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.

8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.

9. The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance

42 Item 3.

Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
I. AESTHETICS. Except as provided in Public Resources Code Section 21099, would the project:
a)
b)
c)
Have a substantial adverse effect on a scenic vista?
Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
□ □
□ □
□ □
□ □
Less Than
Significant
Impact
□
□
□
□
No
Impact
II. AGRICULTURE AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protoccls adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps □ □ □ r7I prepared pursuant to the Farmland Mapping and Monitoring ~ Program of the California Resources Agency, to nonb)
c)
ct)
e)
agricultural use?
Conflict with existing zoning for agricultural use, or a Wi lliamson Act contract?
Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(9)), timberland (as defined by Public Resources Code
Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(9))?
Result in the loss of forest land or ccnversion of forest land to non-forest use?
Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
□ □ □ ~
□ □ □ ~
□ □ □ ~
□ □ □ ~
Ill. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable air □ □ quality plan?
b)
c)
d)
Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Expose sensitive receptors to substantial pollutant
concentrations?
Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
□
□
□
□
□
□
□
□
□
□

43 Item 3.

Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues Impact Incorporated Impact Impact
IV. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, po
sens
licies
itive
, or
, or
regula
speci
t
a
ions,
l status
or by
species
the Cal
in
ifornia
local or
Department
regional plans
of Fish
, □ □ □ and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of □ □ □ Fish and Wildlife or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limrted to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological □ □ □ ~ interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the □ □ □ ~ use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological
ordinance?
resources, such as a tree preservation policy or □ □ □ ~ n Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or plan?
other approved local, regional, or state habitat conservation □ □ □ ~ V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? □ □ □ ~ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? □ □ □ ~ c) Disturb any human remains, including those interred outside □ □ □ E] of dedicated cemeteries?
VI. ENERGY. Would the project:
a) Result in potentially significant environmental impact due to resources
wasteful, inefficient
, during pro
, or
ject
unnecessary
construction
consumption
or operation?
of energy □ □ □ ~ b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? □ □ □ ~ VII. GEOLOGY AND SOILS. Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: □ □ □ ~ i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning
on
Map
other
, issued
substantia
by the
l
S
evidence
tate Geol
of
og
a
ist
known
for the
fau
area
lt? Re
or based
fer to □ □ □ ~ Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? □ □ □ ~ iii) Seismic-related ground failure, including liquefaction? □ □ □ [2] iv) Landslides? □ □ □ [L]
b) Result in substantial soil erosion or the loss of topsoil? □ □ □ ~

44 Item 3.

Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues Impact Incorporated Impact Impact
c) Be located on a geologic unit or soil that is unstable, or that □ □ □ ~ would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct □ □ □ bL] or indirect risks to life or property?
e) Have soils incapable of adequately supporting the use of where
septic tanks
sewers
or
are
alternative
not available
waste
for
water
the disposal
disposal
of
systems
waste □ □ □ □ water?
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? □ □ □ ~ VIII. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly,
environment?
that may have a significant impact on the □ □ □ ~ b) Conflict with an applicable plan, policy or regulation adopted gases?
for the purpose of reducing the emissions of greenhouse □ □ □ ~ IX. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the environment through
materials?
the routine transport, use, or disposal of hazardous □ □ □ ~ b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions □ □ □ [;2] involving the release of hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely □ □ □ ~ hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code
§ 65962.5 and, as a result, would it create a significant hazard □ □ □ ~ to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety □ □ □ [;2] hazard or excessive noise for people residing or working in the project area?
f)
emergency
Impair implementation
response plan
of or
or
physically
emergency
interfere
evacualion
with an
plan?
adopted □ □ □ ~ g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? □ □ □ ~ X. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge requirements
ground water
or
quality?
otherwise substantially degrade surface or □ □ □ ~ b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project basin?
may impede sustainable groundwater management of the □ □ □ ~ c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or
manner
river or
which
through
would:
the addition of impervious surfaces, in a □ □ □

45 Item 3.

Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues Impact Incorporated Impact Impact
i) result in a substantial erosion or siltation on- or off-site; □ □ □ ~ ii) substantially increase the rate or amount of surface offs
runoff
ite;
in a manner which would result in flooding on- or □ □ □ ~ iii) create or contribute runoff water which would exceed the capacity of existing or planned storrnwater drainage
□ □ □ [;2l systems or provide substantial additional sources of polluted runoff; or
iv) impede or redirect flood flows? □ □ □ ~ d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? □ □ □ □ e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? □ □ □ □ XI. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? □ □ □ ~ b) Cause a significant environmental impact due to a conflict with □ □ □ (2] any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? XII. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource state
that would
?
be a value to the region and the residents of the □ □ □ ~ b) Result in the loss of availability of a locally important mineral □ □ □ (2] resource recovery site delineated on a local general plan, specific plan or other land use plan?
XIII. NOISE. Would the project result in:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of
ordinance
standards
, or
established
applicable standards
in the local
of
general
other agencies?
plan or noise □ □ □ ~
b) Generation of excessive groundborne vibration or
c)
groundborne
For a project located
noise levels?
within the vicinity of a private airstrip or □ □ □ ~
an airport land use plan or, where such a plan has not been □ □ □ (2] adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
XIV. POPULATION AND HOUSING. Would the project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses)
roads or other
or
in
indirectly
frastructure)?
(for example. through extension of □ □ □ ~
b) Displace substantial numbers of existing people or housing, □ □ □ EJ necessitating the construction of replacement housing elsewhere?
XV. PUBLIC SERVICES. Would the project:
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities,
environmental
the construction
impacts, in
of
order
which
to maintain
could cause
acceptable
significant □ □ □
service ratios, response times, or other performance
objectives for any of the public services:

46 Item 3.

Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues Impact Incorporated Impact Impact
Fire protection? □ □ □ [81
Police protection? □ □ □ ~ Schools? □ □ □ ~ Parks? □ □ □ ~ Other public facilities? □ □ □ ~ XVI. RECREATION.
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or □ □ □ ~ be accelerated? b) Does the project include recreational facilities or require the have
construction
an adverse
or expansion
physical effect
of recreationa
on the environment?
l facilities which might □ □ □ ~
XVII. TRANSPORTATION. Would the project:
a) Conflict with a program, plan, ordinance or policy addressing the
pedestrian
circulation
facilities?
system, including transit, roadway, bicycle and □ □ □ ~ b) Conflict
subdivision
or be
(b)?
inconsistent with CEQA Guidelines§ 15064.3, □ □ □ ~ c) Substantially increase hazards due to a geometric design feature
incompatible
(e.g.,
uses
sharp
(e.g.
curves
, farm
or
equipment)?
dangerous intersections) or □ □ □ ~
d) Result in inadequate emergency access? □ □ □ ~
XVIII. TRIBAL CULTURAL RESOURCES.
a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code§ 21074 as either a site, feature, place, the
cultura
size
l landsca
and scope
pe that
of the
is geographically
landscape, sacred
defined
place,
in terms
or object
of □ □ □ with cultural value to a California Native American tribe, and that is:
i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources
5020.1 (k),
as
or
defined in Public Resources Code section □ □ □
ii) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code § 5024.1. In applying the
Code
criteria
§
set
5024.1
forth
, the
in subdivision
lead agency
(c)
shall
of Public
consider
Resource
the □ □ □
significance of the resource to a California Native
American tribe.

XIX. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water
facilities,
drainage,
the
electric
construction
power, natural
or relocation
gas, or
of
telecommunications
which could cause □ □ □ □ significant environmental effects?

47 Item 3.

Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Issues Impact Incorporated Impact Impact
b) Have sufficient water supplies available to serve the project normal
and reasonably
, dry and
foreseeable
multiple dry
future
years?
development during □ □ □ ~ c) Result in a determination by the waste water treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in □ □ □ w addition to the provider's existing commitments?
d) Generate solid waste in excess of state or local standards, or impair
in excess
the
of
attainment
the capacity
of solid
of local
waste
infrastructure,
reduction goals?
or otherwise □ □ □ ~ e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? □ □ □ ~ XX. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? □ □ □ ~ b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled □ □ □ ~ spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources
risk or that
, power
may
lines
result
or
in
o
temporary
ther utilities)
or
that
ongoing
may
impacts
exacerbate
to the
fire □ □ □ environment?
d) Expose people or structures to significant risks, including □ □ □ G downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? XXI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant
restrict
or
the
animal
range
community
of a rare
,
or
substantially
endangered
reduce
plant or
the
animal
number
or
or □ □ □
eliminate important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are
pas
considerable
t projects,
when
the effects
viewed
of
in
other
connection
current
with
projects
the
,
effects
and the
of □ □ □ effects of probable future projects.)
c) Does the project have environmental effects which will cause indirectly?
substantial adverse effects on human beings. either directly or □ □ □

48 Item 3.

SUBMITTAL OF FIRE DEPT. FORM

SITE PLAN REVIEW
#3
Please submit the form and fees directly to the Fire Dept, North Desert Office, Attn: Curtis Markloff.

When completing the application identify the project type as "CUP", fee amount $1,576. The submittal of the Fire Dept. form and fees will allow the Fire Dept's participation in the meeting, and provide their "preliminary conditions of approval" for the project.

Questions - Curtis Markloff - (760) 995-8190
SUBMITTAL OF FIRE DEPT. DOCUMENTATION

FOR MANUFACTURING PERMITS
The business operator shall be required to apply for one or more of the following permits, or apply for exemption from hazardous materials laws and regulations: Hazardous Materials Handler Permit, Hazardous Waste Permit, Aboveground Storage Tank Permit, and/or Underground Storage Tank Permit.

Application for one or more of these permits shall occur by submitting a hazardous materials business plan using the California Environmental Reporting System (CERS) http://cers.calepa.ca.gov/ Questions-Andrew Bezdek
Hazardous Materials Specialist
San Bernardino County Fire District
Office of the Fire Marshal
Phone: 909-386-8401
Fax: 909-386-8460
620 South E. Street
San Bernardino, CA 92415
49 Item 3.

San Bernardino Office

APPLICATION FOR CONSTRUCTION PERMIT

PLANNING / BUILDING & SAFETY PROJECTS

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
North Desert Office East Valley Office South Desert Office 385 N. Arrowhead Ave., 1
st Floor
San Bernardino, CA 92415-0187
Phone (909) 386-8400
15900 Smoke Tree St. Suite 131
Hesperia, CA 92345-3222
Phone (760) 995-8190
Fax(760)995-8205
200 East Third Street
San Bernardino, CA 92410
Phone (909) 918-2201
58928 Business Center Dr.

Yucca Valley, CA 92284
Phone (760) 995-8190
Fax (909) 387-3249 Fax (909) 381-0071 Fax (760) 995-8205 Hours: 8:00 am - 5:00 pm M-F Hours: 8:00 am - 5:00 pm M-F Hours: 8:00 am - 5:00 pm M-Th Hours: 9:00 am to 12:00 pm Wed WEBSITE: www.sbcfire.org

APPLICANT INFORMATION

INFORMATION ENTERED BELOW SHOULD BE EXACTLY AS IT APPEARS ON YOUR PLANNING AND/OR BUILDING AND SAFETY APPLICATION APPLICANT NAME MAILING ADDRESS CITY STATE ZIP CODE Jesse Dean Brown 12639 Johnson Rd. Phelan CA 92371 PHONE NUMBER FAX NUMBER EMAIL ADDRESS REPRESENTATIVE INFORMATION If different than Applicant

INFORMATION ENTERED BELOW SHOULD BE EXACTLY AS IT APPEARS ON YOUR PLANNING AND/OR BUILDING AND SAFETY APPLICATION APPLICANT NAME MAILING ADDRESS CITY STATE ZIP CODE MO+RE Desi n Solutions 14176 Amargosa Rd. Suite C Victorville PHONE NUMBER FAX NUMBER EMAIL ADDRESS 760-715-3382 che lmontanez mail.com

PROJECT INFORMATION

PROJECT NAME ADDRESS
Needles Flower Refinery 2701 Columbus Dr.

ASSESSOR'S PARCEL NUMBER (APN)

SQUARE FOOTAGE
(TENANT REVIEW &

CELL SITES)

CONSTRUCTION TYPE
(TENANT REVIEW & CELL
SITE)
OCC. TYPE
(TENANT

REVIEW&

CELL SITE)
#OF LOTS (IF

APPLICABLE)

CITY/ COMMUNITY
Needles
CONTRACTOR PROJECT#
(IF APPLICABLe)
CA 92392

ZIP CODE
92363

CONTACT NAME
0660-081-30 Cheryl Montanez
Plans will not be accepted without the following: (This will apply to Tenant Reviews & Cell Sites Only)

1. Three sets of plans 3. Assessor's parcel number(s) on plans 5. Indicate if building is sprinklered

2. Project address on plans 4. Description of business (Tenant Review)

PLANNING/ BUILDING & SAFETY PROJECTS
Site Plan Review $ 738.00
Revision to an A roved Action $ 492.00 MUST BE THE ORIGINAL APPLICANT Conditional Use Permit CUP $ 902.00
CUP - Cell Site $ 492 . 00
Minor Use Permit MUP $ 492.00
Fuel Modification Plan $ 109/ h r
Specific Plans $ 902. 00
□ Environmental Review or EIR $ 109/ hr
□ Tenant Review $ 109/ hr
TOTAL FEE = $ This fee includes 1 inspection
□ Tentative Parcel Ma to 4 Lots) $ 328.00
□ Tentative Tract Ma 5 to 300 lots $ 656. 00
□ Tentative Trac t Map $ 820.00
□ School Site Review $ 164.00
□ Mobile Home Park Site Plan Review $ 738. 00
TOTALFEE = $ This fee includes 1 inspection
Make check or money order payable to S.B.C.F.D.

CERTIFICA T!ON SUBMITTED BY (please print Applicant's full name) SIGNATURE DATE

FOR SBCFD USE ONLY PAYMENT RECEIVED PAYMENT TYPE DATE RECEIVED RECEIVED BY $ 0 CHECK CASH 0 CREDIT CARD
REVISED 06/20/2017 50
Item 3.

City of Needles
817 Third Street • Needles, California 92363
(760} 326-2113 • FAX (760) 326-6765
www.cityofneedles.com
Mayor, Jeff Williams
Vice Mayor Edward T. Paget, M.D
Counci/member Shawn Gudmundson
Councilmember Tona Belt
Councilmember Louise Evans
Councilmember Tim Terral
Councilmember Zachery Longacre
City Manager Rick Daniels
#1 2 WELO

WATER EFFICIENT LANDSCAPING REQUIREMENTS
STREAMLINED LANDSCAPE METHOD LESS THAN 2500 SQ. FT.

OF NEW LANDSCAPE OR REHABILITATED LANDSCAPE
The State of California requires cities to report installation of all new and rehabilitated landscape in Needles on an annual basis. For projects creating less than 2500 square feet of new or rehabilitated landscape, the City has developed a "streamlined" approach that prohibits the use of turf, and instead utilizes a selection of low-water usage plants. The plant lists can be found on the city's website www.cityofneedles.com. Use of other reference guides to identify appropriate plant material can be used as well, including "Low Water-Use Plants for California and the Southwest" by Carol Shuler.

The streamlined landscape packet includes the "Checklist" (Appendix A), the Certificate of Completion (Appendix B), and the Certificate of Installation-Self Inspection (Appendix C).

Projects requiring either a Zoning Permit or a Building Permit for a residential or commercial structure, new construction as well as rehabilitation, are required to submit the completed Appendix "A" Checklist, with the Zoning or Building Permit application. Appendix "A" Checklist requires the submittal of a "landscape plan" drawing that identifies the square footage of the planting area, including the types of plants and their water usage, i.e. low/medium/high usage, as well as any wat~r feature that is part of the landscape project, including swimming pools. Any areas that will be using irrigated recycled water also need to be identified on the drawing.

The streamlined process requires the completion and submittal of Appendix "B" "Certificate of Installation-Self-Inspection" by the applicant or the professional landscape installer once the landscape installation has been completed. Once received, the building official will schedule an inspection on the installation and provide the Certificate of Compliance to the applicant, Appendix "C". 51 Item 3.

Streamlined Path {Appendix A) Checklist
For projects with less than 2,500 sf of total landscape area.

A. Project Information
Submittal Date
Application Number
Project Address
Project Type*
Applicant Name
Applicant Email
Applicant Phone
Property Owner Name
Property Owner Email
Property Owner Phone
Water Supply Type
Water Supplier
Total Landscape Area (sf) * t
Total Turf Area (sf)
Total Non-turf Planting Area (sf)
2701 Columbus Dr. Needles, CA 92363
D Residential 0 Non-residential
MO+RE Design Solutions
[email protected]
760-715-3382
Jesse Dean Brown
* Information required in an annual report to the State Department of Water Resources from the permitting agency. t Total landscape area equals all the irrigated planting areas, turf and water features and does not include the building footprint or hardscapes such as sidewalks, patios, parking lots or driveways.

Item 3.

Streamlined Path (Appendix A) Checklist
B. landscape Design Plan

APPLICANT ITEM
□ 1. Attach a landscape plan indicating the following:
□ a. Turf areas
□ b. High water use planting areas
□ C. Moderate water use planting areas
□ d. Low water use planting areas
□ e. Water features including swimming pools
□ f. Edible planting areas
□ g. Areas irrigated with recycled water
C. Soil

APPLICANT ITEM
□
□
l. Incorporate compost at a rate of at least 4 cubic yards per 1,000 square feet to a depth of 6 inches into the landscape area (unless contra-indicated by a soil test).

This project will apply _ _ _ _ cubic yards of compost
-- - ·-

2. A minimum 3-inch layer of recycled mulch shall be applied on all exposed soil surfaces of planting areas except turf areas, or direct seeding applications where mulch is contraindicated
D. Plants
..

APPLICANT ITEM
□
□
□
□

1. Plant material shall comply with the following:
a. Residential projects only:
-· - -
I. 75% of landscape area shall consist of plants that use little or no summer water (WUCOLS plant factor of 0.3 or lower), excluding edibles or areas using recycled water.

II. No more than 25% of the landscape area will be planted with high water using plants
D b. Non-residential projects only (including multifamily residential):

REVIEWER NOTES

PASS FAIL
□ □
□ □
□ □
□ □
□ □
□ □
□ □
□ □

REVIEWER NOTES

PASS FAIL
□ □
□ □

REVIEWER NOTES

PASS FAIL
□ □
□ □
□ □
□ □
□ □
53 Item 3.

Streamlined Path (Appendix A) Checklist
D. Plants (cont'd)
□
□
□ 2.
□
□
□
□
□
I. 100% of the landscape area shall consist of plants that use little or no summer water (WU COLS plant factor of 0.3 or lower), excluding edibles or areas using recycled water
c. No invasive plants are planted. No plant species listed by the California Invasive Plant Counci l's "Don't Plant a Pest" brochure as invasive in the San Francisco Bay Area shall be planted.

The use of turf shall comply with all of the following:
a. In nonresidential areas, turf is not used
b. In residential areas:

I. Turf, high water use plants, and water features shall, combined, not exceed 25% of the landscape area
II. Turf shall not be planted on slopes which exceed a slope of 1 foot vertical elevation change for every 4 feet or horizontal length
Ill. Turf is prohibited in parkways less than 10 feet wide. Exception: Parkway is adjacent to a parking strip and used to exit and enter vehicles AND turf is irrigated with subsurface irrigation
WUCOLS plants database can be found online at: http://ucanr.edu/sites/WUCOLS/ "Don't Plant a Pest" brochure can be found at http://cal-ipc.orq/landscapinq/dpp/ E. Irrigation

APPLICANT ITEM
□ 1. Automatic irrigation controllers are required and must use evapotranspiration or soil moisture data and utilize a rain sensor.
□ 2. Pressure regulators are installed on t he irrigation system to ensure dynamic pressure of the components are within the manufacturer's recommended pressure range.
□ 3. Manual-shut-off valves (such as gate, ball or butterfly valves) are installed as close as possible to the point of connection of the water supply. □ 4. All irrigation emission devices must meet the requirements set in the ANSI standard ASABE/ICC 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard." All sprinkler heads installed must have a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014. □ 5. Areas less than 10 feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray. □ 6. For non-residential projects with landscape areas of 1,000 sf or more, private submeter(s) to measure landscape water use shall be installed.

□ □
□ □
□ □
□ □
□ □
□ □
□ □
□ □

REVIEWER NOTES

PASS FAIL
□ □
□ □
□ □
□ □
□ □
□ □
54 Item 3.

Streamlined Path {Appendix A) Checklist (cont'd)
F. Signature
I agree to comply with these Simplified Compliance requirements for the Water Efficient Landscape Plan Review.

Signature ~cant or Property Owner or authorized representative Date

Item 3.

Streamlined Path (Appendix B) Certificate of lnstallationaSelf Inspection To be signed by the applicant, signer of the Landscape Design Plan or the Irrigation Design Plan or by the licensed landscape contractor
"I/ we certify t hat based upon periodic site observations, the work has been completed in accordance with the ordinance and that the landscape planting and irrigation installation conform with the criteria and specifications of the approved Landscape Documentation Package. As-built drawings have been provided to document any major modifications of the approved Landscape Documentation Package. Significant changes made during construction comply with the ordinance." Applicant/Contractor/Professional Signature _________________ _ Date
Print Name
License Number
Property Owner:
"I/we certify that I/we have received copies of all the documents within the Landscape Documentation Package and that it is our responsibility to see that the project is maintained in accordance with the Landscape and Irrigation Maintenance Schedule."
Applicant
Date
Print Name Jesse Dean Brown
---·-·-----------------------------------------------------------------------------------------------------.---------------------------------------------------- A. Irrigation Scheduling

APPLICANT ITEM
D 1. Irrigation scheduling is regulated by automatic irrigation controller D 2. Overhead irrigation is scheduled between 8 p.m. and 10 a.m.

D 3. Settings for the irrigation controller for each station include the following:

D a. Irrigation days
D b. Run times
D c. Number of cycle starts per watering event to avoid run off D d. Amount of applied water on a monthly basis

REVIEWER NOTES

PASS FAIL
□ □
□ □
□ □
□ □
□ □
□ □
□ □

Item 3.

Streamlined Path (Appendix B) Certificate of Installation-Self Inspection B. Schedule of Landscape and Irrigation Maintenance

APPLICANT ITEM REVIEWER NOTES

PASS FAIL
□ 1. Attach schedule of maintenance for the landsca pe and irrigation system per . ordinance to ensure water efficiency. The attached schedule of landscape □ □ maintena nce includes:
□ a. Routine inspection, auditing, adjusting and repair of the irrigation system □ □ □ b. Aerating and dethatching turf areas □ □
□ c. Topdressing planting areas with compost as needed □ □ □ d. Replenishing mulch □ □
□ e. Pruning and weeding □ □
□ f. Routine inspection, auditing, adjusting and repair of the irrigation system □ □ (Bay-Friendly Landscape maintenance manual used for the site would satisfy this requirement)
□ z. Attach landscape irrigation audit report □ □
□ 3. Attach landscape irrigation audit checklist □ □
□ 4. The irrigation audit was conducted by a third-party certified Irrigation Auditor professional who is not a part of the design team □ □
□ 5. Irrigation items identified for repair in the audit are fixed □ □ □ 6. In large project or projects with multiple landscape installations (i.e. production home developments) an auditing rate of 1 in 7 lots or 15% is conducted □ □ Complete the following sections ONLY if project has submitted the Landscape Documentation Package. c. Irrigation Audit Report

APPLICANT ITEM REVIEWER NOTES

PASS FAIL
□ 1. Audit completed □ □
□ 2. Any recommended repairs have been completed □ □
□ 3. The Irrigation Audit Report includes: □ □
□ a. Inspection for leaks □ □
D b. System tune-up D D
□ C. Reporting overspray or run off □ □
□ d. An irrigation schedule including configuring controller with application □ □ rate, soil types, plant factors, slope, exposure and other factors needed to increase water efficiency

Item 3.

Streamlined Path (Appendix B) Certificate of Installation-Self Inspection D. Soil Management Report

APPLICANT ITEM
□ 1. Attach soil analysis report of the soil in planti ng areas from a soil lab if not previously submitted with the Landscape Documentation Package per ordinance.
□ 2. The soil sample follows laboratory protocol and includes:
□ a. Soil texture
□ b. I nfiltratibn rate
□ c. pH
□ d. Total soluble salts
□ e. Sodium
□ f . Percent organic matter
□ g. Amendment recommendations
□ 3. Attach document(s) showing that soil analysis report recommendations were used to amend the planting soil, such as delivery tags and receipts for compost and mulch.

E. Landscape Diversion Report

APPLICANT ITEM
□
□

1. Attach a construction waste management report for the project that shows at least 50% diversion of construction and demolition debris and 100% diversion of excavated soil and land clearing debris through recycling or reuse. Building debris can be used in calculations.

2. Confirm that diversion facilities where collected construction waste material was taken are identified in the waste management report.

F. Additional Modifications

REVIEWER

PASS FAIL
□ □
□ □
□ □
□ □
□ □
□ □
□ □
□ □
□ □
□ □

REVIEWER

PASS FAIL
□ □
□ □
NOTES
NOTES
Applicant: If major modifications were made in construction from the submitted plans, attach record drawings (as-builts) 0 No major modifications
D Record drawings (as-builts) attached

Item 3.

Streamlined Path (Appendix C} Landscape Installation
Certificate of Completion
A. Project Information
Date
Project Name
Project Street Address, City and Zip
Parcel or Lot Number(s) (if available)
Applicant Name
Applicant Job Title
Applicant Company Name
Phone Number
Email Address
Street Address, City and Zip
Property Owner Name
Phone Number
Email Address
Street Address, City and Zip
Building Inspector Sign-off
Marc Scott, Building Inspector
Needles Flower Refinery
2701 Columbus Dr. Needles, CA 92363
APN# 0660-081-30
Cheryl Montanez
Project Manager
MO+RE Design Solutions
760-715-3382
[email protected]
14176 Amargosa Rd. Suite C Victorville, CA 92392
Jesse Dean Brown
12639 Johnson Rd. Phelan, CA 92371
Date: ________ _

Item 3.

Streamlined Path (Appendix C) Landscape Installation
Certificate of Completion
A. Project Information
Date
Project Name Needles Flower Refinery
Project Street Address, City and Zip 2701 Columbus Dr. Needles, CA 92363 Parcel or Lot Number(s) (if available) APN# 0660-081-30 Applicant Name _C_h_:.e_ry.,_I_M..c....:....=o_;_n;_;:_ta=n;_;:_e-=-.;z=:;__ ______ _ Applicant Job Title _P_r_o__,,_je_c_t_M_a_n_a_._.g.__e_r _______ _ Applicant Company Name MO+RE Design Solutions
Phone Number 760-715-3382 --'--=-=--'---'--=---=-=c..=..==----------- Email Address [email protected]
StreetAddress,CityandZip 14176 Amargosa Rd. Suite C Victorville, CA 92392 Property Owner Name ,,,_Je,,._s=s~e~D"'-"e"'-"a ..... n__.__Bu..rO,,,,_W........_n.__ ______ _ Phone Number
Email Address
Street Address, City and Zip 12639 Johnson Rd. Phelan, CA 92371 Building Inspector Sign-off
Date: ________ _
Marc Scott, Building Inspector

60 Item 3.

CITY OF NEEDLES

WATER EFFICIENT LANDSCAPE ORDINANCE (WELO)

LIST OF PLANTS APPROVED FOR LANDSCAPE
61 Item 3.

Type
p s
s
Ge s
N
Ge S
N
Bu N
s N
s N
s N
s N
S Su
SSu N
s N
s N
s N
p Su
p Su
S Su N
S Su
p s N
s N
s N
p N
SSu
T
s
S Su N
S Su N
Bu
Bu
Bu
G
G N
G N
G N
A
Ge
Ge
(Needles) WUCOLS - Low Desert Re!:)ion
Botanical Name
Agave americana (and thick-leaved relatives)(CA native and non,native Ambrosia monogyra (Hymenoclea monogyra)
Atriplex CA native species
Atriplex semibaccata
Calochortus spp.

Encelia californica
Encelia farinosa
Ephedra nevadensis
Eriogonum fasciculatum and cvs. (not listed above)
Fouquieria columnaris
Fouquieria splendens
lsocoma spp. (Haplopappus)
Justicia californica (Beloperone californica)
Larrea tridentata
Mammillaria geminispina
Mammillaria melanocentra
Opuntia spp. & cvs. (CA natives and non-natives)
Pachycereus marginatus
Psilostrophe cooperi
Psorothamnus spinosus (Dalea spinosa)
Senna covesii
Sphaeralcea spp. (CA native and non-native spp.)
Stenocereus thurberi (Lemaireocereus)
Tamarix aphylla
Tamarix pentaphylla
Yucca brevifolia
Yucca schidigera (Y. californica, Y. mohavensis)
BA-bamboo
Bu - bult
G - grass
GC - groundcover
P - perennial
Pm - palm cycad
S - shrub
Su - succulent
T - tree
V-vine
N - Calif. Native
Zinnia acerosa
Amaryllis belladonna
Narcissus spp.

Polianthes tuberosa
Pennisetum setaceum
Bouteloua gracilis and cvs.

Sporobolus airoides
Bouteloua curtipendula
Carpobrotus spp.

Dalea greggii
1 Common Name Water Use
agave Very Low
burrow bush Very Low
saltbush Very Low
Australian saltbush Very Low
Mariposa lily Very Low
coast sunflower Very Low
brittle bush Very Low
Nevada ephedra Very Low
California buckwheat Very Low
boojum Very Low
ocotillo Very Low
goldenbush Very Low
chuparosa Very Low
creosote Very Low
cactus Very Low
cactus Very Low
prickly pear/cholla Very Low
Mexican fence post cactus Very Low
paper flower Very Low
smoke tree Very Low
desert senna Very Low
desert/globe mallow Very Low
organ pipe cactus Very Low
salt cedar Very Low
tamarisk Very Low
Joshua tree Very Low
Mojave yucca Very Low
desert zinnia Low
naked lady Low
daffodil Low
tuberose Low
fountain grass Low
blue grama Low
alkalai sacaton Low
sideoats grama Low
ice plant (Carpobrotus) Low
trailing indigo bush Low
62 Item 3.

Type
Ge
Ge
Ge V
Ge s
Ge s
Ge s
N
Ge P
GcP
Ge P
GcP
N
GcP S
p
p
p
p
p
p
p
p
p A
p N
p N
p N
p N
p N
p N
p N
p N
p N
p N
p Su
p Su
p Su
p Su
p s
p s
p s
p s
(Needles) WUCOLS - Low Desert Region
Botanical Name
Dalea orcuttii (now Marina orcuttii)
Delosperma spp.

Antigonon leptopus
Acacia redolens
Artemisia spp. (shrubby)
Baccharis "Starn"
Achillea millefolium (non-native hybrids)
Oenothera stubbei
Zinnia grandiflora
Achillea millefolium (CA native cultivars)
Santolina spp.

Adenium obesum
Asclepias curassavica
Berlandiera lyrata
Dyckia spp.

Melampodium leucanthum
Poliomintha longiflora
Ruellia squarrosa
Thymophylla acerosa (Dyssodia acerosa)
Bulbine frutescens
Argemone corymbosa
Asclepias (CA native species)
Asclepias subulata
Baileya multiradiata
Oenothera caespitosa
Oenothera californica
Penstemon SW native spp. and cvs.

Tetraneuris acaulis (Hymenoxys acaulis)
Thymophylla pentachaeta (Dyssodia pentachaeta)
Verbena gooddingii (Glandularia gooddingii)
Echinopsis spp. (Trichocereus spp.)
Euphorbia antisyphilitica
Euphorbia rigida
Haworthia spp.

Agave attenuata (and thin-leaved relatives) (Ca native and non-native) BA-bamboo
Bu - bult
G -grass
GC - groundcover
P - perennial
Pm - palm cycad
S - shrub
Su - succulent
T - tree
V - vine
N - Calif. Native
Perovskia spp. & cvs.

Psilostrophe tagetina
Ruellia brittoniana
2 Common Name Water Use
Baja indigo bush Low
ice plant (Delosperma) Low
coral vine Low
prostrate acacia Low
sagebrush Low
Starn coyote brush Low
yarrow (non-native hybrids) Low
Baja evening primrose Low
prairie zinnia Low
yarrow Low
lavender cotton Low
desert rose Low
scarlet milkweed Low
chocolate scented daisy Low
dyckia Low
blackfoot daisy Low
Rosemary mint Low
water bluebell Low
shrubby dogweed Low
stalked bulbine Low
prickly poppy Low
milk/silk weed Low
desert milkweed Low
desert marigold Low
tufted (white) evening
primrose Low
California evening primrose Low
penstemon (SW natives) Low
stemless four-nerve daisy Low
golden fleece Low
Goodding verbena Low
torch cactus Low
candelilla Low
gopher spurge Low
haworthia Low
agave Low
Russian sage Low
paper flower Low
Mexican petunia Low
63 Item 3.

Type
p s N
p s N
p s N
p s N
P S Su
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
s
(Needles) WUCOLS - Low Desert Region
Botanical Name
Eriogonum spp. (CA native and non-native spp.)
Nolina spp. (CA natives and non-natives)
Romneya coulteri
Salvia "Gayle Nielson" (also Trident as registered trademark name) BA-bamboo
Bu - bult
G -grass
GC - groundcover
P - perennial
Pm - palm cycad
S - shrub
Su - succulent
T - tree
V-vine
N - Calif. Native
Portulacaria afra & cvs.

Acacia aneura
Acalypha monostachya
Aloysia macrostachya
Aloysia triphylla
Ambrosia deltoidea
Anisacanthus spp.

Artemisia filifolia
Ba_hiopsis deltoidea (Viguiera deltoidea)
Buddleja marrubiifolia
Caesalpinia gilliesii
Caesalpinia mexicana
Caesalpinia pulcherrima (deciduous in desert)
Calliandra "Sierra Star"
Calliandra peninsularis
Cephalocereus spp.

Chamelaucium cvs
Chrysaclinia mexicana
Convolvulus cneorum
Dalea bicolor
Dalea frutescens
Dalea pulchra
Dalea versicolor
Eremophila glabra
Eremophila maculata
Eremophila racemosa
Eremophila x "Summertime Blue"
Espostoa lanata
Eucalyptus "Moon Lagoon"
Furcraea spp.

Gossypium harknessii
Gossypium thurberi
Justicia spicigera
Leucophyllum spp. & cvs.

Ruellia "Little Katie"
Ruellia californica
3 Common Name Water Use
buckwheat Low
bear grass Low
Malilija poppy Low
Gayle Nielson/Trident sage Low
elephant"s food Low
mulga Low
raspberry fuzzies Low
aloysia Low
lemon verbena Low
triangleleaf bursage Low
desert honeysuckle Low
sand sagebrush Low
goldeneye Low
woolly butterfly bush Low
desert bird of paradise Low
Mexican bird of paradise Low
dwarf poinciana Low
fairy duster hybrid Low
Baja fairy duster Low
old man cactus Low
wax flower Low
damianita daisy Low
bush morning glory Low
dalea (bicolor) Low
black dalea Low
indigo/pea bush Low
dalea (versicolor) Low
emu bush Low
spotted emu bush Low
Easter egg bush Low
Summertime Blue emu Low
Peruvian old man cactus Low
fine-leafed mallee Low
furcraea Low
otterbossie Low
Thurber"s cotton/desert
cotton Low
Mexican honeysuckle Low
purple sage, Texas ranger
etc. Low
dwarf ruellia Low
rama parda Low
64 Item 3.

Type
s
s
s
s
s
s
s
s
s
s
s
s A
s A
s A
s N
s N
s N
s N
s N
s N
s N
s N
s N
s N
s N
s N
s N
s N
s N
s N
s N
s N
s N
s N
s N
s NA
s NA
s NA
S T
(Needles) WUCOLS - Low Desert Region
Botanical Name
Ruellia peninsularis
Senna artemisioides (Cassia artemisioides)
Senna bicapsularis (Cassia candolleana)
Senna lindheimeriana (Cassia lindheimeriana)
BA-bamboo
Bu - bult
G - grass
GC - groundcover
P - perennial
Pm - palm cycad
S - shrub
Su - succulent
T - tree
V - vine
N - Calif. Native
Senna nemophila (Cassia nemophila)
Senna odorata (Cassia odorata)
Senna phyllodinea (Cassia phyllodinea)
Senna sturtii (Cassia sturtii)
Senna wislizeni (Cassia wislizeni)
Vauquelinia californica
Vauquelinia corymbosa var. heterodon
Acacia boormanii
Leucophyllum langmaniae "Lynn"s legacy"
Viguiera parishii
Ambrosia dumosa
Baccharis "Centennial"
Baccharis sarothroides
Calliandra californica
Calliandra eriophylla
Carnegiea gigantea
Chrysothamnus nauseosus
Cleome isomeris
Cneoridium dumosum
Condea emoryi (Hyptis emoryi)
Ericameria laricifolia
Fallugia paradoxa
Forestiera pubescens
Gutierrezia sarothrae
Lycium fremontii
Pluchea sericea
Rhus ovata
Salvia "Allen Chickering"
Senna armata (Cassia armata)
Simmondsia chinensis
Trixis californica
Peritoma arborea (lsomeris arborea)
Salvia apiana
Salvia clevelandii & hybrids
Acacia abyssinica
4 Common Name Water Use
Baja ruellia Low
feathery cassia/senna Low
New Zealand cassia/senna Low
Lindheimer"s senna/cassia Low
desert cassia Low
southern senna Low
silver leaf cassia/senna Low
Sturt"s cassia/senna Low
shrubby senna Low
Arizona rosewood Low
narrow leaf rosewood Low
Snowy River wattle Low
Lynn"s everblooming texas
sage Low
desert goldeneye Low
white bursage Low
Centennial baccharis Low
desert broom Low
Baja fairy duster Low
fairy duster Low
saguaro Low
rabbit brush Low
bladder pod Low
bushrue Low
desert lavender Low
turpentine bush Low
Apache plume Low
desert olive Low
matchweed Low
wolfberry Low
Coville arrow weed Low
sugar bush Low
Allen Chickering· sage Low
spicy senna Low
jojoba Low
trixis Low
bladderpod Low
white sage Low
salvia Cleveland/Alan
Chickering etc. Low
Abyssinian acacia Low
65 Item 3.

Type
ST
S T
S T
S T
S T
S T
S T
S T
S T
ST N
ST N
S Su
SSu
SSu
S Su
S Su
SSu
S Su
S Su
S Su
S Su
S Su
S Su
SSu
S Su
SSu
SSu
S Su
S Su
SSu
SSu
S Su A
ssu A
S Su N
S Su N
ssu N
S Su N
S SuT N
Su T
T
T
(Needles) WUCOLS - Low Desert Region
Botanical Name
Acacia berlandieri
Acacia constricta
Acacia craspedocarpa
Acacia saligna
Cordia parvifolia
Lysiloma candida
Maytenus phyllanthoides
Sophora secundiflora
Ungnadia speciosa
Acacia greggii
Comarostaphylis diversifolia (Arctostaphylos diversifolia) Cereus hildmannianus
Cereus peruvianus
Euphorbia milii
Euphorbia pulcherrima
Euphorbia tirucalli
Fouquieria macdougalii
Hesperaloe campanulata
Hesperaloe funifera
Pedilanthus bracteatus
Pedilanthus macrocarpus
Yucca aloifolia
Yucca decipiens
Yucca elata
Yucca faxoniana
Yucca gloriosa
Yucca rigida
Yucca rostrata
Yucca rupicola
Yucca schottii
Yucca thompsoniana
Dasylirion spp.

Hesperaloe parviflora
Echinocactus spp. (CA native and non-native spp.)
Ferocactus spp. (CA native and non-native spp.)
Hesperoyucca spp. (Yucca whipplei, Yucca californica)
BA-bamboo
Bu - bult
G - grass
GC - groundcover
P - perennial
Pm - palm cycad
S - shrub
Su - succulent
T - tree
V-vine
N - Calif. Native
Yucca baccata
Aloe spp. (CA native and non-native)
Euphorbia ingens
Acacia pendula
Acacia pennatula
5 Common Name Water Use
guajillo Low
whitethorn acacia Low
leatherleaf acacia Low
blue leaf wattle Low
little leaf cordia Low
palo blanca Low
mangle dulce Low
Texas mountain laurel Low
Mexican buckeye Low
catclaw acacia Low
summer holly Low
night blooming cereus Low
Peruvian apple cactus Low
crown of thorns Low
poinsettia Low
milk bush Low
Mexican tree ocotillo Low
bell flower hesperaloe Low
Coahuilan hesperaloe Low
tall slipper plant Low
slipper plant Low
Spanish bayonet Low
palma China Low
soaptree yucca Low
giant white yucca Low
Spanish dagger Low
blue yucca Low
beaked yucca Low
twisted yucca Low
mountain yucca Low
Thompson"s yucca Low
desert spoon Low
red/ yellow yucca Low
barrel cactus Low
barre! cactus Low
yucca Low
banana yucca Low
aloe Low
candelabra tree Low
weeping acacia Low
pennatu!a acacia Low
66 Item 3.

Type
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
TN
T N
TN
(Needles) WUCOLS - Low Desert Region
Botanical Name
Acacia schaffneri
Acacia stenophylla
Acacia willardiana
Ailanthus altissima
Caesalpinia cacalaco
Celtis pallida
Ceratonia siliqua
Cordia boissieri
Dalbergia sissoo
Ebenopsis ebano (Pithecellobium flexicaule)
Eucalyptus formanii
Eucalyptus macrandra
Eucalyptus sargentii
Eucalyptus woodwardii
Eysenhardtia orthocarpa
Gleditsia triacanthos
Havardia mexicana (Pithecellobium mexicana)
Havardia pallens (Pithecellobium pallens)
Leucaena retusa
Lysiloma watsonii
Melia azedarach
Olea europaea
Pachycormus discolor
Parkinsonia "Sonorae"
Parkinsonia aculeata
Parkinsonia praecox (Cercidium praecox)
Prosopis alba
Prosopis glandulosa (P. chilensis)
Prosopis hybrids and cvs.

Prosopis juliflora
Prosopis velutina
Quercus suber
Rhus lanceolata
Vachellia farneslana (Acacia farnesiana)
Vachellia farnesiana var. farnsiana (Acacia farnesiana farnesiana) Vitex agnus-castus
X Chitalpa tashkentensis
Bursera microphylla
Celtis reticulata
Hesperocyparis stephensonii (Cupressus arizonica ssp. arizonica, C. arizonica var.

BA-bamboo
Bu - bult
G - grass
GC - groundcover
P - perennial
Pm - palm cycad
S - shrub
Su - succulent
T - tree
V-vine
N - Calif. Native
glabra))
6 Common Name Water Use
twisted acacia Low
eumong/shoestring acacia low
pale blanco Low
tree of heaven Low
cascalote Low
desert hackberry Low
carob Low
Texas olive Low
indian rosewood Low
Texas ebony low
Forman"s mallee Low
long flowered marlock Low
Salt River mallet Low
lemon flowered gum Low
kidneywood Low
honey locust Low
Mexican ebony Low
tenaza Low
golden leadball tree Low
feather bush Low
chinaberry Low
olive Low
elephant tree Low
Sonoran palo verde Low
Mexican palo verde/
Jerusalem thorn Low
palo brea tree Low
Argentine mesquite Low
Chilean mesquite Low
prosopis hybrids Low
Arizona mesquite Low
velvet mesquite Low
cork oak Low
prairie flameleaf sumac Low
sweet acacia Low
desert sweet acacia Low
chaste tree Low
chitalpa Low
little elephant tree Low
western hackberry Low
Cuyamaca cypress Low
67 Item 3.

Type
TN .

T N
T N
TN
T N
T N
V
V
(Needles) WUCOLS - Low Desert Region
Botanical Name
Olneya tesota
Parkinsonia "Desert Museum") (Cercidium)
Parkinsonia florida (Cercidium florida)
Parkinsonia microphylla (Cercidium microphyllum)
BA-bamboo
Bu - bult
G - grass
GC - groundcover
P - perennial
Pm - palm cycad
S - shrub
Su - succulent
T - tree
V - vine
N - Calif. Native
Prosopis glandulosa var. torreyana
Prosopis pubescens
Cissus trifoliata
Macfadyena unguis-cati
7 Common Name Water Use
desert ironwood Low
Desert Museum palo verde Low
blue palo verde Low
little leaf palo verde Low
honey mesquite Low
screwbean mesquite Low
treebine Low
cat"s claw Low
68 Item 3.

City of Needles
817 Third Street • Needles, California 92363
(760) 326-2113 • FAX (760) 326-6765 #20
www.cityofneedles.com
Requirements for Receipt of "Will Serve" Letter for Electric To: All Applicants Submitting a Cannabis CUP Application Due to the relatively high electric load requirements for cannabis facilities, the City has deemed it necessary to request additional electric capacity from the Western Area Power Administration (W AP A). To suppo1i these new load requirements, existing transmission lines need to be upgraded and new substations need to be constructed. The cost of these improvements must be borne by applicants requiring the additional load, and not the existing user base.

As a result, each megawatt, or percentage thereof, of power being requested will require a payment of $100,000 per megawatt, to be paid at the time an application for a CUP is submitted, for the purpose of funding the improvements and upgrades discussed above. At the same time, a deposit agreement is also required to be executed by the requestor of the power.

In addition to the improvements discussed above, it is anticipated that additional expense will be associated with onsite improvements, such as transformers, that the applicant is also responsible for paying. These requirements can be identified by scheduling a meeting or a telephone call, 7 60-221-412 7.

Needles Public Utility Authority (NPUA)
Concur: _Je_s_s_e_ D_e;_a;_n_B_r..:;;_ow_ n ___ 1 __ / _ _,.--,_/--z__---- _ __ _ Applicant Name / Signature 69 Item 3.

DATE:

TO:
(APPLICANT-please complete the "blanks" and submit with application) SAMPLE-TEMPLATE (Application)

NEEDLES PUBLIC UTILITY AUTHORITY
Will Serve Electric Service
NIA-Building already being
served by Cultivation CUP
_N_e_e_d_l_e_s_F_l_o_w_e_r_R_e_fi_n_e~ry~--~' Owner/ Agent/ Applicant (Applicant) RE: Cannabis Facility (Project)
Project Site: 2701 Columbus Dr.

APN 0660-081-30
Needles, CA
(Property)
This Project is located in the City of Needles (City) and the service area of the Needles Public Utility Authority (NPUA). The NPUA will serve the above subject Project's electrical requirements pursuant to the NPUA/City ordinances, rules and regulations, subject to the conditions of Project approval and the approved Project Site Plan, and the following terms, conditions and limitations:
• Electrical service will be provided to the Project through service lines and a single connection to the main building on the Project Site, constructed in accordance with the approved Project Site Plan, the NPUA's requirements for grounding and connection, and all applicable codes and regulations. The full cost of the NPUA's installation of the required facilities shall be borne by the Applicant. • Electrical service provided by the NPUA to the Project will not exceed j/t20 amp service. Additional service capacity will require additional review, including load demands and confirmation by the NPUA of its ability to serve and the terms of service.
• The total electrical service availability to the City is limited by other agencies, including WAPA, and the NPUA anticipates more applicants for electric service than it may have the capacity to serve. In order to maximize service to electrical service applicants, the NPUA will establish baseline maximum electrical service availability for the Project 12 months following the issuance of a certificate of occupancy, annualized based on average consumption over the preceding year, but not exceeding ~()O amp service. Excess electrical service availability may be reallocated by the NPUA in its sole discretion, to other users based on the first year's use for the Project.
• To the extent the new ___ amp service is constructed and activated prior to the City's final approval of the Project, including without limitation, and CEQA 1 70
Item 3.
environmental determination (Project Approvals), such electric permitting, construction and testing does not grant or imply land use entitlement or issuance of a local regulatory license. If the Project Approvals are not granted by the City, this Will Serve commitment shall be null and void and of no further effect.
• The ___ amp service will not be used in connection with the Project until such time as the City has granted occupancy of the building and the Applicant has paid all City/NPUA fees and received all required regulatory licenses. • Fees payable to NPUA include, but may not be limited to, payment in advance of a (TBD)to cover NPUA's cost of two transformers required for the 2000 amp service. This advance payment will be refunded if the Project Applications are not approved by the City, without fault of the Applicant. This Electric Service Will Serve Letter shall become void and of no further effect if the Project Applications are not approved by the City.
• All electrical equipment installed to serve the Project, up to and including that connected or fixed to the outside wall(s) of the facility, and including, without limitation, cables, substation(s), and transformer(s), shall become and are the property of the NPUA once installed, accepted and activated by the NPUA. Upon revocation, termination or abandonment of entitlements (including the CUP and/or Regulatory license) for the Cannabis Facility, the electrical allocation and all related facilities may be removed, relocated or reallocated by the NPUA in its sole discretion.
• If it is determined that the requested electric service will require additional offsite system upgrades, NU PA/City may require oversizing of facilities, subject to the NPUA's/City's adopted regulations and terms for reimbursement as new development occurs.
• To the extent additional public improvements or system upgrades are required for the Project, Applicant shall post a deposit for the estimated cost of line, transformer, substation and other required infrastructure improvements, and the full estimated cost of improvements will be due prior to any equipment order and/or installation. This deposit reserves the ___ amp power availability for 12 months or until the full entitlements for the Project have been granted by the City, unless that period is extended by the City Council for good cause. Once Project Approvals have been granted by the City, if there is no substantial progress to construct the Project, the power availability and will serve commitment will expire pursuant to the terms of the CUP, and the deposit will be retained by the NPUA as liquidated damages to compensate the NPUA for the lost opportunity to provide services to another user. • The NPUA reserves the right to increase electricity rates and charges established pursuant to Proposition 26, and to amend its terms of service, and the Project will be subject to any increased or additional rates, charges and regulations implemented by the NPUA and applicable to similar facilities or uses, any limitations or restrictions placed on electric service by other state, federal or 2 71
Item 3.
regulatory agencies, or due to unforeseen availability and/or the NPUA's ability to obtain or provide electricity for the Project. Changes in regulations may also require that the Project initiate conservation measures. • In accepting the terms of electric service provided herein, the Applicant agrees that the NPUA and the City shall be free from any liability to the Applicant, its successors in interest, or any other interested party, for damage to property, equipment or crops which may result from power shortages or outages affecting the Project which are beyond the reasonable control of the NPUA and/or the City.
• This Will Serve letter is conditioned on Applicant's compliance at all times with the NPUA/City Rules and Regulations for electric service and the Project conditions of approval.

This Will Serve Electric Service commitment runs with the CUP and the related Facility Regulatory license for the Project and the Property, and may not be transferred or relocated to any other project or property without NPUA approval. If the Project is abandoned or discontinued or the CUP or Regulatory license are revoked or suspended, the electric service provided pursuant to this letter may be terminated and the electric capacity reallocated or redistributed to other properties and/or projects by the NPUA in its sole discretion.

Inspection and activation of the electrical service connection will be scheduled by the City and the NPUA throughout construction up to and including issuance of the certificate of occupancy for the Project.

This Wi ll Serve Electric Service commitment is conditioned upon compliance with al l applicable requirements of the City and the NPUA, payment in full of any required fees and deposits, and your agreement to comply with the foregoing conditions and limitations.

If you have any questions or need additional information regarding terms of NPUA electrical service to your Project, please contact the undersigned at 760-326-2113.

Sincerely,
3 72
Item 3.

CONSENT AND AGREEMENT:

The undersigned Owner/Agent/Applicant is the applicant/recipient of the related Cannabis Facility CUP, and has reviewed, has full legal authority to and does understand and agree to the foregoing terms and conditions for connection and provision of electric service to the above-described Property and Project by the Needles Public Utility Authority and/or the City of Needles.

Jes~ J)ean Brown
[Note: signatory should be CUP Applicant,
to whom the CUP will be issued]
Dated: __ 5'~,...._2-_3_-~?S=-----
4 73
Item 3.

DATE:

TO:

NEEDLES PUBLIC UTILITY AUTHORITY
Will Serve Water Service
Needles Flower Refinery
#20(b)
NIA-Building already being servec
by Cultivation CUP
RE: Cannabis Facility (Project)
Project Site: 2701 Columbus Dr. Needles, CA 92363
APN 0660-081-30
This Project is located in the City of Needles {City) and the service area of the Needles Public Utility Authority (NPUA). The NPUA will serve the above subject Project's water requirements pursuant to the NPUA/City ordinances, rules and regulations, subject to the conditions of Project approval and the approved Project Site Plan, the Water Service Plan, and the following terms, conditions and limitations:
• Water service will be provided to the Project through service lines and connections, constructed in accordance with the approved Project Site Plan and Water Service Plan, the NPUA's requirements for water service connection, and all applicable NPUA/City codes and regulations. The full cost of the NPUA's installation of the required facilities shall be borne by the Applicant. • Water service provided by the NPUA to the Project will not exceed _acre feet per year (AFY), provided pursuant to the approved Water Service Plan.

Additional water service capacity will require additional review, including water service demands and confirmation by the NPUA of its ability to serve and terms of service. To the extent water service is constructed and activated on the Property prior to the City's final approval of the Project, including without limitation, CUP application, zone change, and CEQA environmental determination (Project Approvals), such water permitting, construction and connection does not grant or imply land use entitlement or issuance of a local regulatory license. If the Project Approvals are not granted by the City, this Will Serve commitment shall be null and void and of no further effect. • Water service providt!d for hernin will not be used in connection with the Project until such time as the City has granted occupancy of the building(s) and the Applicant has paid all City/NPUA fees and deposits and received all required regulatory licenses.
• Fees payable to NPUA include, but may not be limited to, payment in advance of the Applicant's estimated cost of construction of required off site infrastructure and the cost of the water service connection . This Water Service Will Serve 1 74
Item 3.

Letter shall become void and of no further effect if the Project Applications are not approved by the City.
• If it is determined that the requested water service will require additional off-site system upgrades, NU PA/City may require oversizing of facilities, subject to the NPUA's/City's regulations and terms for reimbursement as new development occurs.
• To the extent additional public improvements or system upgrades are required for the Project, Applicant shall post a deposit for the estimated cost of all required improvements, and the full estimated cost of improvements will be due prior to any equipment order and/or installation. This deposit reserves the AFY water availability for 12 months or until the full entitlements for the Project have been granted by the City, unless that period is extended by the City Council for good cause. Once Project Approvals have been granted by the City, if there is no substantial progress to construct the Project, the water availability and will serve commitment will expire pursuant to the terms of the CUP, and any deposit(s) will be retained by the NPUA as liquidated damages to compensate the NPUA for the lost opportunity to provide services to another user. • The NPUA reserves the right to increase water service rates and charges established pursuant to Proposition 26, and to amend its terms of service, and the Project will be subject to any increased or additional rates, charges and regulations implemented by the NPUA and applicable to similar facilities or uses, any limitations or restrictions placed on water service by other state, federal or regulatory agencies, or due to unforeseen availability and/or the NPUA's ability to obtain or provide water for the Project. Changes in regulations may also require that the Project initiate water conservation measures. • In accepting the terms of water service provided herein, the Applicant agrees that the NPUA and the City shall be free from any liability to the Applicant, its successors in interest, or any other interested party, for damage to property, equipment or crops which may result from water shortages, disruptions or terminations affecting the Project which are beyond the reasonable control of the NPUA and/or the City.
• This Will Serve letter is conditioned on Applicant's compliance at all times with the NPUA/City Rules and Regulations for water service and the Project conditions of approval.

This Will Serve Water Service commitment runs with the CUP and the related Cannabis Business Regulatory License for the Project and the Property, and may not be transferred or relocated to any other project or property without NPUA approval. If the Project is abandoned or discontinued or the CUP or Regulatory License are revoked or suspended, the water service provided pursuant to this letter may be terminated and the water service capacity reallocated or redistributed to other properties and/or projects by the NPUA in its sole discretion.
2 75
Item 3.

Inspection and activation of the water service connection will be scheduled by the City and the NPUA throughout construction up to and including issuance of the certificate of occupancy for the Project.

This Will Serve Water Service commitment is conditioned upon compliance with all applicable requirements of the City and the NPUA, payment in full of any required fees and deposits, and your agreement to comply with the foregoing conditions and limitations.

This Will Serve Water Service letter supersedes any other verbal or written representations or understandings between the NPUA, the City and the Applicant regarding water service for the Project.

If you have any questions or need additional information regarding terms of NPUA water service to your Project, please contact the undersigned at 760-326-2113.

Sincerely,
Needles Public Utility Authority (NPUA)
CONSENT AND AGREEMENT:

The undersigned Owner/ Agent/ Applicant is the applicant/recipient of the related Cannabis Business CUP, and has reviewed, has full legal authority to and does understand and agree to the foregoing terms and conditions for connection and provision of water service to the above-described Property and Project by the Needles Public Utility Authority and/or the City of Needles.
(Namefiesse Dean Brown
[Note: signatory should be CUP Applicant,
to whom the CUP will be issued]
3 76
Item 3.

City of Needles
817 Third Street • Needles, California 92363
(760) 326-2113 • FAX (760) 326-6765
www.cityofneedles.com

DEPOSIT AGREEMENT FOR CANNABIS

CONDITIONAL USE PERMIT AND CANNABIS BUSINESS LICENSE
Site Address/ APN:

Site Address: 2701 Columbus Dr. Needles, CA 92363
APN 0660-081-30
#22
Conditional Use Permits for a Cannabis Business are actual cost projects. The actual cost for a project is determined according to the time spent by personnel on that project and the associated personnel benefits, department overhead, legal, finance, and any other costs incurred for that project.

Initial deposits are determined by the City Council. The initial deposit is $35,000 for projects beginning with raw land and $20,000 for projects utilizing existing buildings or previously constructed lots for each Conditional Use Permit (CUP) and $5,000 for each Cannabis Business License on the same site.

Upon completion, the actual costs will be itemized and deducted from the deposit. Monies that remain unused once the entitlement has been approved and the regulatory license issued, are refunded back to the applicant.

I understand that the monies provided to the City for the purpose of processing a Conditional Use Pem1it and a Regulatory License for a Cannabis Business are deposits, used for the purposes identified above.

Jesse Dean Brown Project Affiliation: _O=-=-w'--'n-'-'e=-=r'--------- Print Name
Date: _ ___..S:"---""""';;l'--3=c..,___--";:;;,"""--3 ____ _ Signature 77 Item 3.

NIA-Building already being served by Cultivation CUP
#23

ELECTRIC DEPOSIT AGREEMENT
This Deposit Agreement (this "Agreement"), dated as of ------ is made by and between the Needles Public Utility Authority (the "Authority") and ______ , a California limited liability company (the "Developer").

BACKGROUND
A. Developer plans to entitle and build a project ("Project") on certain real property ("Property") described in Exhibit "A" and wishes to assist financially in completing ce1iain related electiical facilities that will provide electrical service to the Project; B. The Property is not cun-ently served with electrical power needed for the Project, and Developer wishes to provide financial assistance ("Financial Assistance") to the Authority to constrnct various electrical facilities as described in Exhibit "B" ("Facilities") needed to provide electrical service to the Project and other properties.

C. Because of the significant distance between the Property and the Authority's existing electrical infrastructure, the Facilities will be designed to serve more than only the Property, and will serve other properties as well.

D. The Developer wishes to provide the Authority with the Financial Assistance, notwithstanding the fact that it exceeds Developer's "fair share" of the cost of the Facilities because otherwise the Facilities would not be built in the timeframe required by Developer or they may never be built.

E. The Authority will perform enginee1ing work, purchase equipment and perfo1m or cause to performed improvements needed to plan, design and build the Facilities.

F. To support the development of the Facilities Developer is willing to provide funds to the Authority to ensure payment of any and all costs incurred by the Authority.

G. The Authority and the Developer now desire to specify the terms of the deposit of the Developer assistance related to the Facilities.

AGREEMENT
In consideration of the mutual promises and covenants set forth herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Authority and the Developer agree as follows:

1. Deposits. The Developer hereby agrees to make the following deposits for the payment of Authority Costs (collectively, the "Deposits").
(a) Initial Deposit of Authority Costs. At the time of executing this Agreement, the Developer wi11 deposit with the Authority the amount of$ ___ ("Deposit") applicable to Authority Costs, as defined below. The Deposit will reserve up to _.00 Megawatts of electrical capacity for the Project at such time as the necessary infrastructure to the revised 5-28-2020 78
Item 3.
project has been completed. However, no guaranty that electrical service will be available to the Project is made by this Agreement. If the Project requires additional Megawatts of power availability the Deposit will be increased accordingly. Developer will apply for admmistrative approvals required to construct the Project within 12 months of the date of this Agreement. If the Developer fails to apply for the administrative approvals required for the Project within 12 months from the date of this Agreement, the Deposit shall be non-refundable. At such time as the Authority delivers a binding will serve letter to the Developer for the Project, on the Utility's standard form as detennined by Authority in its sole discretion, the Deposit shall be fully earned and non-refundable except as specifically provided to the contrary in this Agreement. If the Developer submits applications for administrative approvals for a cannabis business and if City or NPUA arbitrarily deny the same or of electrical service is not available to the Project the Deposit will be refunded to Developer. As used in this Agreement, "Authority Costs" means all costs incmTed by the Authority and/or City in connection with the construction of the Facilities for administration, management, design, engineering, equipment, supplies, construction and improvements and to pay the Development Impact Fee (as defined below) including without limitation the following:
(i) Fees and expenses of any Authority staff, consultants, engineers, engaged by the Authority in connection with the Facilities, legal counsel, financial and management advisors;
(ii) Technical studies, environmental analysis, economic impact reports and any and all other actual costs and expenses incurred by the Authority that the Auth01ity deems necessary in connection with the planning, design and construction of the Facilities;
(iii) The costs and expense of implementing this Agreement. (b) The Authority shall not be obligated to pay or advance any of its own funds to pay Authority Costs.
( c) Deposit Limit. In no event shall the amount of Deposits made by Developer under this Agreement be required to exceed a total amount of $ TBD unless further agreed to by written consent of both parties.

2. Reservation of Discretion to Approve the Project or Impose Development Impact Fees; Potential Reimbursement.

It is anticipated that Developer will submit applications for land use entitlements for the Project, and whether the Authority and City desire to pursue implementation of the Project will be presented to the Authority Board, Planning Commission and/or City Council for consideration subject to their full legal discretion. In the future, the Authority may, but is not required to, impose a development impact fee ("Development Impact Fee") which is intended to recover from developers of certain discretionary projects their fair share of the cost of electrical infrastructure (which may include the Facilities) and reimburse Developer for some portion of the Deposit in excess of the Developer's fair share for such electrical infrastructure facilities, as determined by Authority in its sole discretion. However notwithstanding the forgoing, the Authority and the City 2 revised 5-28-2020 79
Item 3.
shall have no obligation to impose the Development Impact Fee or to reimburse any portion of the Deposit to the Developer hereunder if the appropriate Development Impact Fee is not imposed and collected. It is also possible that future development in the City may, but will not be required to, contribute additional sums for the development and construction of electrical infrastructure in excess of such developer's fair share and which may also be in excess of the amount budgeted by the Authority for electrical infrastructure. If the Authority determines that possesses funds in excess of its budgeted needs from developers who have paid in excess of their fair share for infrastructure, Authority may, but is not required to, reimburse some portion of the Deposit in excess of the Developer's fair share for the same based on an equitable fornmla as determined by Authority in its sole discretion. The Parties understand that the City and Authority reserve the right to exercise their full, complete and unfettered discretion as to all matters which it is, by law, entitled or required to exercise in its discretion including, but not limited to the following:
(a) Discretion Regarding the Project. The Parties understand that City and Authority have the complete and unfettered discretion to approve or disapprove the Project and/or Development Impact Fee or pursue implementation of the Development Impact Fee and Project with Developer. Developer acknowledges and agrees that all expenses and costs that it may incur as a result of this Agreement are its sole obligation and responsibility and incurred at Developer's sole risk.
(b) No Pre-Commitment by City. By its execution of this Agreement, City and Authmity do not commit themselves or agree to undertake any activity requiring the subsequent exercise of discretion by Authority, Authority Board, City or City Council, including but not limited to, the approval and execution of any contract or other instrument, the approval of any development proposal for the development of any public or private interest in real property, or any other such act or approval. Authority's execution of this Agreement is merely an agreement to commence the planning, design and construction of Facilities according to the terms hereof, reserving final discretion and approval by City as to any proposed project and Development Impact Fee and their implementation, and all proceedings and decisions in connection therewith. Nothing herein shall obligate Authority, Authority Board, City or City Council to exercise their discretion in any particular manner, and any exercise of discretion reserved hereunder or required by law shall not be deemed to constitute a breach of the Authority's duties under this Agreement.
( c) Will Serve Letter. The only binding agreement to serve the properties in question with electrical or other utilities will be pursuant to a "will serve" letter issued by, and subject to the discretion of, the Authority. Will serve letters will contain terms and conditions deemed appropriate by the Authority and will be subject requirements deemed appropriate by the Authority including but not limited to the following:
• Completed and accepted land use entitlement application, • Completed and accepted Regulatory License application, • Payment of on-site facilities as determined by the Authority, and • Deposits for system improvements covered by this Deposit Agreement.

3. Tenn; Termination. This Agreement shall continue for a period of ten years unless 3 revised 5-28-2020 80
Item 3.
extended by mutual agreement of the parties and approved by the City Council. This Agreement shall te1minate upon the earlier of the following: (i) the Project has been reviewed, processed, and approved and all permits have been issued and all required implementing agreements and actions have been completed or (ii) the Project has been disapproved or otherwise terminated.

4. Deposit Agreement Not Debt; Limitation of Liability. This Deposit Agreement does not constitute a debt or liability of the Authority nor the City. No member of the Authority Board or City Council and no officer, employee or agent of the Authority or City shall to any extent be personally liable hereunder. Developer acknowledges by its approval and execution of this Agreement that it is voluntarily agreeing to pay the Deposit, that its oblig~tion to pay the Deposit is an essential term of this Agreement and is not severable from City's obligations and Owner's rights to be acquired hereunder, and that Owner expressly waives any constitutional, statutory, or common law right it might have in the absence of this Agreement to protest or challenge the payment of the Deposit on any ground whatsoever, including without limitation pursuant to the Fifth and Fourteenth Amendments to the United States Constitution, California Constitution Article I Section 19, the Mitigation Fee Act (California Government Code Section 66000 et seq.), or otherwise. In addition to any other remedy set forth in this Agreement for Owner's default, if Owner shall fail to timely pay any portion of the Deposit when due City shall have the right to withhold issuance of any further building permits, occupancy permits, or other development or building permits for the Project.

5. Indemnification. The Developer hereby agrees to assume the defense of, indemnify and hold hannless the Authority and City, and each of their councils, boards, members, officers, employees and agents, from and against all actions, claims or proceedings of every type and description to which they or any of them may be subjected or put, by reason of, or arising out of, any acts or omissions of the Developer or any of its members, officers, employees, contractors or agents in connection with the negotiation and approval of the Project or the Facilities. The Authority shall promptly notify the Developer of any such claim, action or proceeding, and the Authority and City shall cooperate in the defense thereof.

6. Delivery of Materials.
(a) Work Product. Upon request, Authority shall deliver to Developer copies of all plans, studies, reports or analyses ("Work Product") undertaken and paid for by Deposit funds, whether in draft or final form. Authority shall have no obligation to disclose any documents, information or correspondence that are protected by attorney/client privilege, or for which Authority is prevented from disclosing by any confidentiality obligation, contractual or otherwise, or which is forbidden from disclosure by any applicable state or federal law or regulation.
(b) Reports. At such time as the Authority may request an increase in the Deposit as allowed above, the Authority shall also deliver to Developer a reasonably detailed report describing the Authority's expenditures of the Deposits through the date of the request and any Work Product produced as a result of such expenditures.

7. Severability. If any part ofthis Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
4 revised 5-28-2020 81
Item 3.

8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Agreement may not be assigned by either of the parties hereto without the written consent of the other party.

9. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

10. Amendments. Amendments to this Agreement shall be made only by written instmment executed by each of the parties hereto.

11. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.

12. Entire Agreement. This Agreement contains the entire understanding among the Partners and supersedes any prior written or oral agreements between them regarding the subject matter contained in this Agreement. There are no representations, agreements, arrangements, or understandings, oral or written, between and among the Partners relating to the subject matter of this Agreement that are not fully expressed in this Agreement.

13. Attorney's Fees. If any action at law or in equity, including an action for declaratory or injunctive relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing paiiy is entitled to reasonable attorneys' fees and costs.

14. Governing Law. All questions with regard to the construction of this Agreement and the rights and liabilities of the parties will be governed by the laws of the State of California.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first mentioned above.

NEEDLES PUBLIC UTILITY AUTHORITY
By:-----------
Name: ---------- Title: ----------
5 (Applicant/Applicant LLC)
.---r2---
By: --~/-~----- Name: Applicant
Applicant LLC
Title: Developer
Jesse Dean Brown
Needles Flower Refinery
revised 5-28-2020 82
Item 3.

EXHIBIT "A"
All that certain real property situated in the County of San Bernardino, State of California, described as follows:

Parcel A: (Assessor's Parcel No: 0660-081-30)
Parcel 1 of Parcel Map No. 14798, in the City of Needles, County of San Bernardino, State of California, as per Map recorded in Book 180. Pages 7 and B of Parcel Maps, Records of said County.

Parcel B: (Assessor's Parcel No: 0660-081-31)
Parcel· 2 of Parcel Map No. 14798, in the City of Needles, County of San Bernardino, State of California, as per Map recorded in Book 180, Pages 7 and 8 of Parcel Maps, Records of said County. 83 Item 3.

City of Needles
817 Third Street • Needles, California 92363
(760) 326-2113 • FAX (760) 326-6765
www.cityofneedles.com

PAYMENT AGREEMENT

ON-SITE ELECTRIC HARDWARE AND LABOR

CANNABIS BUSINESS
#24
N/ A-Building already being served
by Cultivation CUP
Date: -------
Site Address/APN: 2701 Columbus Dr. APN# 0660-081-30 Needles, CA Each cannabis business will require electric transmission and the ancillary hardware to support the system.

This includes, but is not limited to, the transformer, primary riser, switches, pad for the transformer, installation of metering in the panel, and labor for installation.

The purchase of this equipment occurs within 3 business days of receiving the payment, and is a non-refundable cost. If the project is withdrawn by the applicant, or the CUP is not granted, or the regulatory license cannot be issued, the applicant may claim the transformer, etc. for use elsewhere or sale to another applicant.

For the site identified above, the cost is$ _____ _
I understand that the monies provided to the City for the purpose of transmission related on-site hardware and labor will be ordered within 3 business days of payment being received and is a non-refundable cost
Jesse Dean Brown Project Affi liation: ___ O_w_n_e_r ____ _ Print Name
Date:

Signature
84 Item 3.
#25

AGREEMENT
TIDS AGREEMENT ("Agreement") is made and
_______ day of ______ , - - • - (the "Effective Date"), by and between the City of Needles, a charter city ("City") and Needles Flower Refinery ("Licensee"). City and Licensee are sometimes referenced together herein as the "Parties." In instances when a provision hereof applies to each of the Parties individually, either may be referenced as a "Party." Licensee is the applicant or legal representative of the applicant for the regulatory license for the propeiiy located at _____ , Needles, California ("Project"). 2701 Columbus Dr
For valuable consideration, the adequacy of which is acknowledged and admitted by the Parties hereto, the Parties agree as follows:

A. The Licensee shall indemnify, protect, hold harmless and defend, with counsel selected by the City, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City to attack, set aside, void, annul and/or seek monetary damages resulting from an approval of the City; or any agency or instrumentality thereof, advisory commission; appeal board or legislative body including actions approved by the voters of the City, concerning Project.

B. City shall promptly notify the Licensee of any claim, action; or proceeding to which this condition is applicable and shall reasonably cooperate in the defense of the action.

C. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regard to such defense.

1. Governing Law. This Agreement is entered into and to be performed in Needles, California and shall be governed by the laws of the State of California without regard to conflict of law principles that may be applicable.

2. Severability. If any provision of this Agreement is found to be illegal or unenforceable, then such provision shall be deemed stricken, and the remaining provisions shall remain in full force and effect.

3. Counterparts. This Agreement may be executed m counterparts and each counterpart shall be deemed an original.

4. Attorneys' Fees and Costs. In the event of any litigation between the Parties to interpret or enforce this Agreement, the prevailing Party shall be awarded its reasonable costs and attorneys' fees.

IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement, made and effective as of the Effective Date set forth above. 1 85
Item 3.
"CITY"

CITY OF NEEDLES
By: ________ _
_________ , Mayor
"LICENSEE"
1-1--z
By: Jesse Dean Brown
Its: Needles Flower Refinery
ATTEST:

By: --------- Dale Jones, City Clerk
2 86
Item 3.

USE OF STEEL BUILDINGS

ARCHITECTURAL ENHANCEMENT REQUIREMENT
#26
The City allows the use of steel buildings for any cannabis business. The City requires a 25% coverage area of any side of a steel building that faces a street, or is located at an intersection where the building wall(s) will be visible.

The architectural enhancement requirement can be satisfied through murals depicting themes reminiscent of Needles history, facades using stone or other rock related products, wood treatments, stucco panels, etc.

The "sample drop box" can provide samples of projects and the architectural enhancement being used.

Acknowledgement of Policy Jesse Dean Brown
Printed Name
!1--1-z Signature: ---f-------------------
87 Item 3.
6/9/2020 RS:01 IIRS:n nnr, "illENT«; !=OR PROIS: ,... C;J IR.MITT,11.1 Form# DISPENSARY CONSUMPTION DISPENSARY AND CONSUMPTION

REGULATORY PERMIT LICENSE
28 Application Submittal Requirements
29 Regulatory license Application (COPY INCLUDED)
30 Business Structure Documents (Articles of lncorp./LLC/Corp.) w/bylaws if nonprofit 31 Government issued photo identification
32 Copy of lease if not the property owner (owner is required to sign application) 33 Identification of each member of the organization, including property owners, business owners, investors, employees, etc.
34 For each person identified in #33 above, provide signed affidavit certifying that they have not been convicted of crimes listed (COPY INCLUDED) 35 For each person identified in #33 above, provide signed affidavit certifying that they are not a licensed physician making patient recommendations for cannabis pursuant to Section 11362.7 (COPY INCLUDED)
36 for each person identified in #33 above, the signed document statement attesting to the truthfulness and correctness of the information contained in the application (COPY INCLUDED)
37 For each person identified in #33 above, the signed document "authorization to allow the City Manager or his/her designee to seek verification of the informaiton contained in the application (COPY INCLUDED)
38 For each person identified in #33 above, the signed document "acknowledgement that property owner, owners, operators, managers, agents, volunteers, employees, and any member of a medical marijuana business may be subject to prosecution under federal law (COPY INCLUDED)
39 For each person identified in #33 above, the signed document "waiver and release from any and all legal liability related to or arising from the application for a cannabis business license" (COPY INCLUDED)
40 For each person identified in #33 above, the signed document "Certification Relative to Suspension and/or Revocation of license(s) in the Past Three Years" (COPY INCLUDED)
41 Deposit Agreement for Conditional Use Permit and Regulatory license ( COPY

INCLUDED)
42 Indemnification Agreement (COPY INCLUDED)
43 For each person identified in #31 above, the processing of live scan providing background check and fingerprinting (excluding owners and shareholders of n11hliclv trad,:,rl comoanies)
88 Item 3.

City of Needles
817 Third Street • Needles, California 92363 #28
(760) 326-2113 • FAX (760) 326-6765
www.cityofneedles.com

CANNABIS BUSINESS LICENSE - DISPENSARY AND/OR CONSUMPTION LOUNGE

SUBMITTAL REQUIREMENTS
DEPOSIT: $5,000
1) Articles of Incorporation or other proof that applicant has filed or is currently registered with the State of California as a Cannabis Facility pursuant to Corporations Code §12201 or Corporations Code §12300, or other applicable provision, if applicable.
2) A valid and unexpired government issued photo ID of all owners and persons with a financial interest - Driver's License or Passport.
3) An affidavit certifying that the applicant, and any of the officers, directors, owners or operators have not been convicted of:
a. A conviction for homicide.
b. A conviction for racketeering, including but not limited to, a conviction under the Racketeer Influenced and Corrupt Organizations Act, the Organized Crime Control Act of 1970, or any other state or federal law prohibiting organized crime.
c. A felony conviction for the illegal possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance.
d. A violent felony conviction, as specified in subdivision ( c) of Section 667 .5 of the Penal Code. e . A serious felony conviction, as specified in subdivision ( c) of Section 1192. 7 of the Penal Code. f. A felony conviction involving fraud, deceit, or embezzlement. g. Within the preceding two (2) years, any felony conviction for burglary, including first- and/or second-degree burglary.
h. A felony conviction for hiring, employing, or using a minor in transporting, canying, selling, giving away, preparing for sale, or peddling any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.

1. A felony conviction for drug trafficking with enhancements pursuant to H&S Code Sections 11370.4 or 11379.8.
1 Any conviction involving a gang enhancement pursuant to Penal Code Section 186.22.
k Within the preceding five (5) years, any violation of the Compassionate Use Act, the Medicinal and Adult-Use Cannabis Regulation and Safety Act, the MAUCRSA, or any other State law or Constitutional provisions regulating Cannabis, as may be amended from time to time;
89 Item 3.

Submittal Requirements - Page 2

1. Within the preceding ten (10) years, any violations of subdivision ( c) or ( d) of H&S Code Section 11357, or Section 11361, or any other provision involving sale to minors, and/or Articles 1, 3, 5, 6 or 7 of Chapter 6 of Division 10 of the H&S Code; m Within the preceding five (5) years, any conviction for possession, sale, use, 4) An affidavit certifying that the applicant, and any of its officers, directors, owners, operators, employees, or agents is not a licensed physician making patient recommendations for Medical Cannabis pursuant to Section 11362.7.
5) One (1) set of fingerprints for each applicant, excluding owners and shareholders of publicly traded companies, conducted via Live Scan.
(Live Scan is performed by the San Bernardino County Sherriff Department located at 1111 Bailey Ave., Needles. The applicant shall pay the Sheriff's Department the fees for this service and the Sheriff's Department will forward a copy to the City.)
6) Acknowledgement that property owners, owners, operators, managers, agents, volunteers, employees and any member of a Cannabis Business may be subject to prosecution under federal law 7) Signed authorization form to allow the City Manager or his/her designee to seek verification of the information contained in the application
8) A signed statement attesting to the truthfulness and correctness of the information contained in the application
9) A signed waiver and release form from any and all legal liability related to or arising from the application for a cannabis business license
10) Signed certification form relative to suspension and/or revocation of license(s) in the past three years 11) An estimate of the size of the Cannabis Facility.
12) A site plan and floor plan of the premises denoting all areas of the premises, including storage, processing areas, lighting, signage, etc. This document should be the same as what is submitted for the Conditional Use Permit application.
13) A detailed copy of the Security Plan, as submitted for the Conditional Use Permit application 14) A detailed description of the Cannabis Facility's operating procedures as submitted for the Conditional Use Permit application
15) Evidence that the Cannabis Facility is or will be operating in strict accordance with State law, including the Act, the Program and the Guidelines, as well as the Medicinal and Adult Use Cannabis Regulation and Safety Act.
(Ex. Nonprofit organization documents from the IRS or California Secretary of State.) 16) Such other information as may be required by the City Manager or his/her designee to determine compliance with any other eligibility requirements for issuance of the license as specified by state or local law. 90 Item 3.

DATE: _____ _
City of Needles
817 Third Street • Needles, California 92363
(760) 326-2113 • FAX (760) 326-6765
www.cit yofneedles.com

APPLICATION CANNABIS BUSINESS LICENSE

DISPENSARY AND/OR CONSUMPTION LOUNGE
Pursuant to City of Needles Municipal Code Chapter 12A
DEPOSIT: $5,000
ADDRESS OF FACILITY: 2701 Columbus Dr Needles, CA 92363 #29
CANNABIS BUSINESS LICENSE applications are reviewed and approved administratively by the city manager or designee pursuant to Chapter 12A of the Municipal Code. The purpose of the review is to ensure that the Cannabis facility will be conducted in a secure, safe and business-like manner consistent with all applicable local and state laws, rules and regulations governing the processing type(s) of Cannabis, including without limitation the Compassionate Use Act as set forth in California Health and Safety Code Section 11362.5, the Marijuana Program Act as set forth in the California Health and Safety Code Sections 11362.5 through 11362.83, the August 2008 Attorney General Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use; and the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

REVOCABLE LICENSE:

The Cannabis License constitutes a revocable privilege, which shall be subject to revocation/suspension in the event that the Cannabis Facility or its Owner(s), Operator(s}, managers, employees, agents, members or volunteers violate any provisions of the Municipal Code, State law or regulations, or fails to pay any Cannabis Business Tax, or other fees when due.

PROPERTY OWNER CONSENT:

In the event the Owner(s) are not the legal owner(s) of the real property, the application shall be accompanied by a copy of a written and signed lease between the Owner(s) and the property owner authorizing use of the premises as a Cannabis Facility, or, if no written lease exists, a written, notarized acknowledgement from the property owner(s) that he/she/they have been advised and agree that a Cannabis Facility will be operated upon, in, or from the property. Proof of property owner consent shall be submitted with the application before the application will be accepted as complete.

FACILITY TYPE: □ DISPENSARY □ CONSUMPTION LOUNGE i;:zj DISPENSARY & CONSUMPTION LOUNGE (all that apply) D Delivery Service D ingestion D smoking D consumption BY SIGNING THIS APPLICATION, THE APPLICANT(S} HEREBY:

1. REPRESENT(S) THAT APPLICANT($) HAS REVIEWED THE CONTENTS OF NEEDLES MUNICIPAL CODE CHAPTER 12A AND ACKNOWLEDGES ITS TERMS AND CONDITIONS; (ORDINANCE 576-AC}

2. AUTHORIZE(S} THE CITY MANAGER OR DESIGNEE TO SEEK VERIFICATION OF THE INFORMATION CONTAINED IN THIS APPLICATION;

3. CONSENT(S) TO SUBMITTING TO A FINGERPRINT-BASED CRIMINAL HISTORY RECORDS CHECK CONDUCTED BY THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT USING LIVE SCAN;

4. DECLARE(S) UNDER PENALTY OF PERJURY THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION AND SUBMITTED HEREWITH IS TRUE AND CORRECT;

5. ACKNOWLEDGES A WAIVER AND RELEASE OF THE CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES,

AND AGENTS FROM ANY AND ALL LEGAL LIABILITY RELATED TO OR ARISING FROM THE

APPLICATION FOR A CANNABIS FACILITY LICENSE, THE ISSUANCE OF THE LICENSE, OR THE ENFORCEMENT OF THE CONDITIONS AND/OR THE OPERATION OF THE CANNABIS FACILITY; AND

6. ACKNOWLEDGES OWNERS, OPERATORS, MANAGERS, AGENTS, VOLUNTEERS, AND EMPLOYEES OF THE CANNABIS FACILITY MAY BE SUBJECT TO PROSECUTION UNDER FEDERAL AND STATE LAWS. 91 Item 3.

ADDRESS OF FACILITY: 2701 Columbus Dr Needles CA 92363
NAME OF APPLICANT: Needles Flower Refinery
*NAME OF CO-APPLICANT: ___________________________ _
*SIGNATURE OF CO-APPLICANT: ________________ DATE: ________ _ *NAME OF PROPERTY OWNER: _J_e_s_se_D_e_a_n_B_r_o_w_n __________________ _ (If different from Applicant)
. / -/_...__- *SIGNATURE OF PROPERTY OWNER:--~~------------ (
DATE: _...::;..C-._-_2-----'3"-----=-2-='.,3'----_
NAME OF PROPERTY OWNER: --------------------------- (If different from Applicant) SIGNATURE OF PROPERTY OWNER: ______________ DATE: _______ _ *Include Name and Signature of other Property Owners on separate sheet.

NOTE: INCOMPLETE APPLICATION SUBMITTALS WILL NOT BE ACCEPTED. 92 Item 3.

AFFIDAVIT ACKNOWLEDGING THAT OFFICERS, DIRECTORS, OWNERS

AND OPERATORS OF CANNABIS BUSINESSES HAVE NOT BEEN

CONVICTED OF THE FOLLOWING LISTED BELOW
Jesse Dean Brown , declare and state as follows: ---"-'--"--'--"--~-----~ #34
1 . I am an Owner ____________________ (officer/director/ owner operator/employee/other} of a Cannabis Business applying for a Regulatory License.

2. I hereby certify that I do not have:
a. A conviction for homicide.
b. A conviction for racketeering, including but not limited to, a conviction under the Racketeer Influenced and Corrupt Organizations Act, the Organized Crime Control Act of 1970, or any other state or federal law prohibiting organized crime. c . A felony conviction for the illegal possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance. d. A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code.
e. A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code.
f. A felony conviction involving fraud, deceit, or embezzlement. g. Within the preceding two (2) years, any felony conviction for burglary, including firstand/or second-degree burglary. h. A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.
i . A felony conviction for drug trafficking with enhancements pursuant to Sections 11370.4 or 11379.8.
j. Any conviction involving a gang enhancement pursuant to Penal Code Section 186.22.

AFFIDAVIT 93
Item 3.
k Within the preceding five (5) years, any violation of the Compassionate Use Act, the Medical Marijuana Program Act, the Medicinal and Adult Use Cannabis Regulation and Safety Act, or any other State law or Constitutional provisions regulating Marijuana, as may be amended from time to time;
Within the preceding ten (10) years, any violations of subdivision (d) or (e) of H&S Code Section 11357, or Section 11361 and/or Articles 1, 3, 5, 6 or 7 of Chapter 6 of Division 10 of the H&S Code;
ro Within the preceding five (5) years, any conviction for possession, sale, use, distribution, and/or manufacturing of any Schedule I or Schedule II controlled substance as defined or described in the federal Controlled Substances Act n. Within the preceding three (3) years, any administrative orders or civil judgments for violations of labor standards
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ______ , 20_, at _________ , California
By:
-'-Je-=-s-=-s:......:J.._=-=--'=-----------=-.c'-'--'-.:...c...:._-------(Print) Its: River Boys
AFFIDAVIT 94
Item 3.

AFFIDAVIT ACKNOWLEDGING THAT OFFICERS, DIRECTORS, OWNERS

AND OPERATORS OF CANNABIS BUSINESSES HAVE NOT BEEN

CONVICTED OF THE FOLLOWING LISTED BELOW
~S~h=a~ro~n~B~r~o~w~n-----~· declare and state as follows:
#34
1 . I am an _ManagerA_gent _________________ (officer/director/ owner operator/employee/other) of a Cannabis Business applying for a Regulatory License.

2. I hereby certify that I do not have:
a. A conviction for homicide.
b. A conviction for racketeering, including but not limited to, a conviction under the Racketeer Influenced and Corrupt Organizations Act, the Organized Crime Control Act of 1970, or any other state or federal law prohibiting organized crime. c. A felony conviction for the illegal possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance. d. A violent felony conviction, as specified in subdivision (c) of Section 667 .5 of the Penal Code.
e. A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code.
f. A felony conviction involving fraud, deceit, or embezzlement. g. Within the preceding two (2) years, any felony conviction for burglary, including firstand/or second-degree burglary. h. A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.
i . A felony conviction for drug trafficking with enhancements pursuant to Sections 11370.4 or 11379.8.
j. Any conviction involving a gang enhancement pursuant to Penal Code Section 186.22.

AFFIDAVIT 95
Item 3.
k Within the preceding five (5} years, any violation of the Compassionate Use Act, the Medical Marijuana Program Act, the Medicinal and Adult Use Cannabis Regulation and Safety Act, or any other State law or Constitutional provisions regulating Marijuana, as may be amended from time to time;
Within the preceding ten (10} years, any violations of subdivision (d} or (e) of H&S Code Section 11357, or Section 11361 and/or Articles 1, 3, 5, 6 or 7 of Chapter 6 of Division 10 of the H&S Code;
ro Within the preceding five (5) years, any conviction for possession, sale, use, distribution, and/or manufacturing of any Schedule I or Schedule II controlled substance as defined or described in the federal Controlled Substances Act n. Within the preceding three (3) years, any administrative orders or civil judgments for violations of labor standards
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ______ , 20_, at ______ _ , California
By: __;;;3F:!~
-+~_a_ro_n_B_ro_w_n _________ {Print)
Its: River Boys
AFFIDAVIT 96
Item 3.
1 2
3 4
5 6
7 8

AFFIDAVIT CERTIFYING THAT THEY ARE

NOT A LICENSED PHYSICIAN MAKING PATIENT

RECOMMEND A TIO NS FOR CANNABIS PURSUANT
TO SECTION 11362.7
#35
I, Jesse Dean Brown , declare and state as follows:

1. I am a member of an organization, or property owner, applying for a regulatory license for a Cannabis business

2. I hereby certify that I am not a licensed physician making patient recommendations for 9 Cannabis pursuant to Section 11362.7
11 I declare under penalty of perjury under the laws of the State of California that the foregoing is 12 true and correct.
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Executed on------~ 20_, at __________ ~ California.

AFFIDAVIT
97 Item 3.
1 2
3 4
5 6
7 8

AFFIDAVIT CERTIFYING THAT THEY ARE

NOT A LICENSED PHYSICIAN MAKING PATIENT

RECOMMENDATIONS FOR CANNABIS PURSUANT
TO SECTION 11362.7
I, Sharon Brown , declare and state as follows:
#35

1. I am a member of an organization, or property owner, applying for a regulatory license for a Cannabis business

2. I hereby certify that I am not a licensed physician making patient recommendations for 9 Cannabis pursuant to Section 11362. 7
11 I declare under penalty of perjury under the laws of the State of California that the foregoing is 12 true and correct.
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Executed on ______ _, 20_, at __________ _, California.

Its: River Boys

AFFIDAVIT
98 Item 3.
#36

NEEDLES CANNABIS BUSINESS LICENSE

STATEMENT ATTESTING TO THE TRUTHFULNESS AND CORRECTNESS OF THE

INFORMATION CONTAINED IN THE APPLICATION
Owner
I, Jesse Dean Brown , acting in the capacity of property owner/employee/ 2701 Columbus Dr Needles, CA 92363
owner/investor/manager agent/volunteer at facility
hereby certifies under penalty of perjury that all information contained in the application is true and correct.

Name:--+-/--_~/-'"
2 _-__ --____ _ (Signature
Date: __________ _
Jesse Dean Brown
Print Name
99 Item 3.
#36

NEEDLES CANNABIS BUSINESS LICENSE

STATEMENT ATTESTING TO THE TRUTHFULNESS AND CORRECTNESS OF THE

INFORMATION CONTAINED IN THE APPLICATION
Sh B . . h . f Man~er Age~t I, aron rown , acting int e capacity o propey owner employee/ 2701 Columbus Dr Needles, CA 92363
owner/investor/manager agent/volunteer at facility
hereby certifies under penalty of perjury that all information contained in the application is true and correct.

Name: -~..!2~s~~'.::::::::a..~----
( Signature -C:::::S
Sharon Brown
Print Name
Date: __________ _
100
Item 3.
#37

NEEDLES CANNABIS BUSINESS LICENSE

AUTHORIZATION TO ALLOW THE CITY MANAGER OR HIS/HER DESIGN EE TO SEEK

VERIFICATION OF THE INFORMATION CONTAINED IN THE APPLICATION Owner
I, _J_e_s_se_D_e_a_n_B_ro_w_n ___ , acting in the capacity of property owner/employee/ 2701 Columbus Dr Needles, CA 92363
owner/investor/manager agent/volunteer at facility
authorize the City Manager or his/her designee to seek verification of the information contained in the application.

Date: __________ _
Jesse Dean Brown
Print Name
101
Item 3.
#37

NEEDLES CANNABIS BUSINESS LICENSE

AUTHORIZATION TO ALLOW THE CITY MANAGER OR HIS/HER DESIGNEE TO SEEK

VERIFICATION OF THE INFORMATION CONTAINED IN THE APPLICATION I, Sharon Brown Manager Agent , acting in the capacity of property owner/employee/ 2701 Columbus Dr Needles, CA 92363
owner/investor/manager agent/volunteer at facility
authorize the City Manager or his/her designee to seek verification of the information contained in the application.

Date: __________ _
Sharon Brown
Print Name
102
Item 3.
#38

NEEDLES CANNABIS BUSINESS LICENSE

ACKNOWLEDGEMENT THAT PROPERTY OWNER, OWNERS, OPERA TORS, MANAGERS,

AGENTS, VOLUNTEERS, EMPLOYEES, AND ANY MEMBER OF A CANNABIS

BUSINESS MAY BE SUBJECT TO PROSECUTION UNDER FEDERAL LAW • Owner
I, Jesse Dean Brown , acting in the capacity of property owner/employee/ 2701 Columbus Dr Needles, CA 92363
owner/investor/manager agent/volunteer at facility
acknowledge that property owners, owners, operators, managers, agents, volunteers, employees and any member of a Cannabis business may be subject to prosecution under federal law
Name: _ __,//_~---_/_ ..._2_ -_-_-__ _ /signature
Date: __________ _
Jesse Dean Brown
Print Name
103
Item 3.
#38

NEEDLES CANNABIS BUSINESS LICENSE

ACKNOWLEDGEMENT THAT PROPERTY OWNER, OWNERS, OPERA TORS, MANAGERS,

AGENTS, VOLUNTEERS, EMPLOYEES, AND ANY MEMBER OF A CANNABIS

BUSINESS MAY BE SUBJECT TO PROSECUTION UNDER FEDERAL LAW Man~er Agent I, Sharon Brown , acting in the capacity of propey owner/employee/ 2701 Columbus Dr Needles, CA 92363
owner/investor/manager agent/volunteer at facility
acknowledge that property owners, owners, operators, managers, agents, volunteers, employees and any member of a Cannabis business may be subject to prosecution under federal law
Name: ; :;f§~ 7 Signature
Date: ----------
Sharon Brown
Print Name
104
Item 3.

NEEDLES CANNABIS BUSINESS LICENSE

WAIVER AND RELEASE FROM ANY AND ALL LEGAL LIABILITY

RELATED TO OR ARISING FROM THE APPLICATION FOR A

CANNABIS BUSINESS LICENSE
Owner
#39
I, Jesse Dean Brown , acting in the capacity of property owner/employee/ 2701 Columbus Dr Needles, CA 92363
owner/investor/manager agent/volunteer at facility
hereby waive and release the City, its officers, officials, employees, and agents from any and all legal liability related to or arising from the application for a Cannabis Business License, the issuance of the License, or the enforcement of the conditions of the License, and/or the operation of the cannabis business.

Date: -----------
Jesse Dean Brown
Print Name
105
Item 3.

NEEDLES CANNABIS BUSINESS LICENSE

WAIVER AND RELEASE FROM ANY AND ALL LEGAL LIABILITY

RELATED TO OR ARISING FROM THE APPLICATION FOR A

CANNABIS BUSINESS LICENSE
#39
I, Sharon Brown . . . Manager AgB.ot , acting in the capacity of property owneifemployee/ 2701 Columbus Dr Needles, CA 92363
owner/investor/manager agent/volunteer at facility
hereby waive and release the City, its officers, officials, employees, and agents from any and all legal liability related to or arising from the application for a Cannabis Business License, the issuance of the License, or the enforcement of the conditions of the License, and/or the operation of the cannabis business.

Name: 2'.~
( Signature
Date: -----------
Sharon Brown
Print Name
106
Item 3.

NEEDLES CANNABIS BUSINESS LICENSE

CERTIFICATION RELATIVE TO SUSPENSION AND/OR REVOCATION

OF LICENSE(S) IN THE PAST THREE YEARS
. . . _O=w'-'-'n=e.,_r ----~~- 1, Jesse Dean Brown , acting m the capacity of property owner/employee/ 2701 Columbus Dr Needles, CA 92363
owner/investor/manager agent/volunteer at facility
#40
hereby certifies under penalty of perjury that within the past three (3) years, I have not had a license for any Cannabis Business suspended and/or revoked by the city, the State of California, or any other city or local agency.

Name: ;J - / '-?..__ __ __ (Si_,_S_i_g-na-'-t-ur_e ______ _ Date: ----------- Jesse Dean Brown
Print Name
107
Item 3.

NEEDLES CANNABIS BUSINESS LICENSE

CERTIFICATION RELATIVE TO SUSPENSION AND/OR REVOCATION

OF LICENSE(S) IN THE PAST THREE YEARS
I, Sharon Brown Manager Agent , acting in the capacity of property owner/employee/ 2701 Columbus Dr Needles, CA 92363
owner/investor/manager agent/volunteer at facility
#40
hereby certifies under penalty of perjury that within the past three (3) years, I have not had a license for any Cannabis Business suspended and/or revoked by the city, the State of California, or any other city or local agency.

Name: c~ r Signature
Date: -----------
Sharon Brown
Print Name
108
Item 3.

City of Needles
817 Third Street • Needles, California 92363
(760) 326-2113 • FAX (760) 326-6765
www.cityofneedles.com

DEPOSIT AGREEMENT FOR CANNABIS

CONDITIONAL USE PERMIT AND CANNABIS BUSINESS LICENSE
Site Address/ APN:

Site Address: 2701 Columbus Dr Needles, CA 92363
APN 0660-081-30
#41
Conditional Use Permits for a Cannabis Business are actual cost projects. The actual cost for a project is determined according to the time spent by personnel on that project and the associated personnel benefits, department overhead, legal, finance, and any other costs incurred for that project.

Initial deposits are determined by the City Council. The initial deposit is $35,000 for projects beginning with raw land and $20,000 for projects utilizing existing buildings or previously constructed lots for each Conditional Use Permit (CUP) and $5,000 for each Cannabis Business License on the same site.

Upon completion, the actual costs will be itemized and deducted from the deposit. Monies that remain unused once the entitlement has been approved and the regulatory license issued, are refunded back to the applicant.

I understand that the monies provided to the City for the purpose of processing a Conditional Use Permit and a Regulatory License for a Cannabis Business are deposits, used for the purposes identified above.

Jesse Dean Brown Project Affiliation: ~~~~------- Owner Print Name
Date:
/ Signature --------- ----
109
Item 3.
#42

AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this _______ day of ______ , __ (the "Effective Date"), by and between the City of Needles , a charter c i ty ("City") and
Needles Flower Refinery ("Licensee"). City and Licensee are sometimes referenced together herein as the "Parties." In instances when a provision hereof applies to each of the Parties individually, either may be referenced as a "Party." Licensee is the applicant or legal representative of the applicant for the regulatory license for the property located at , 2701 Columbus Dr Needles, CA 92363 APN# 0660-081-30, Needles, California ("Project").

For valuable consideration, the adequacy of which is acknowledged and admitted by the Parties hereto, the Parties agree as follows:

A Tue Licensee shall indemnify, protect, hold harmless and defend, with counsel selected by the City, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City to attack, set aside, void, annul and/or seek monetaiy damages resulting from an approval of the City; or any agency or instrumentality thereof: advisory commission; appeal board or legislative body including actions approved by the voters of the City, concerning Project.

B. City shall promptly notify the Licensee of any claim, action; or proceeding to which this condition is applicable and shall reasonably cooperate in the defense of the action.

C. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regard to such defense.

1. Governing Law. This Agreement is entered into and to be performed in Needles, California and shall be governed by the laws of the State of California without regard to conflict of law principles that may be applicable.

2. Severability. If any provision of this Agreement is found to be illegal or unenforceable, then such provision shall be deemed stricken, and the remaining provisions shall remain in full force and effect.

3. Counterparts. This Agreement may be executed in counterparts and each counterpart shall be deemed an original.

4. Attorneys' Fees and Costs. In the event of any litigation between the Parties to interpret or enforce this Agreement, the prevailing Party shall be awarded its reasonable costs and attorneys' fees.

IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement, made and effective as of the Effective Date set forth above.

I
110
Item 3.
"CITY"
CITY OF NEEDLES ATTEST:

By: __________ _ By: ------------ __________ ,Mayor Dale Jones, City Clerk "LICENSEE"
Its: River Boys
2 111
Item 3.
112
Item 4.
113
Item 4.
114
Item 4.
115
Item 4.
116
Item 4.
117
Item 4.
118
Item 4.
1 Exhibit A - City of Needles Amendment Tracker
666 Proposed Text
Table 96.01 Land Use Matrix
EXISTING TABLE R1 R2 R3 CR C1 C2 C3 M1 M2 P PROPOSED TABLE R1 R2 R3 CR C1 C2 DT C3 M1 M2 P

1.00 RESIDENTIAL 1.00 RESIDENTIAL

1.20.1 Single Family, 1 du / lot Z Z Z Z 1.10 Single-Family (Up to 2 du / lot) Z Z Z Z 1.20.2 Single Family, 2 du / lot Z Z Z Z 1.15 Single-Family Small Lot / Tiny Homes Z Z Z

1.20 Accessory and Junior Accessory Dwelling Units Z Z Z Z Z 1.30.1 Accessory Dwelling Units Z Z Z Z Z 1.30 Duplex, Triplex, Quadplex Z Z Z Z Z 1.30.2 Junior Accessory Dwelling Units Z Z Z Z Z 1.40 Multifamily Townhomes/Condos Z Z Z S 1.30.3 Manufactured & Tiny Homes Z Z Z Z Z 1.45 Multifamily Apartments Z Z Z S 1.40 Primary with accessory apartment S Z Z Z 1.50 Mobile Home Parks S S S

1.50 Duplex Z Z Z Z 1.60 Planned Residential Unit Development C C C C 1.60 Multifamily apartments Z C Z 1.70 Mixed Use Z Z S 1.62 Multi-Family Apt-Conversion C C 1.80 Manufactured /3D Printed / Prefab Homes Z Z Z Z 1.70 Multifamily townhomes Z C Z 1.90 Single-Room Occupancy Units Z Z Z Z Z 1.75 Multifamily condos Z C Z 2.00 RESIDENTIAL/COMMERCIAL 1.80 Mobilehome parks C C S 2.10 Emergency Shelters Z Z Z Z 1.85 R.V. parks C C S C 2.20 Transitional Housing Z Z Z Z Z Z Z Z 1.90 Planned residential development C C C C 2.25 Supportive Housing Z Z Z Z Z Z Z Z 1.95 Mixed-use residential*** C 2.30 Low Barrier Navigation Centers Z Z Z Z Z Z Z 2.00 RESIDENTIAL/COMMERCIAL 2.40 Residential Care Facilities (6 or fewer residents) Z Z Z Z Z Z

2.45 Residential Care Facilities (7 or more residents) C C S C C C 2.10 Homes for handicapped C C S C C C 2.50 Homes for Handicapped CC CC SS CC CC CC 2.20 Nursing care C C S C C C 2.60 Adult/Child Care C S S S S S

2.30 Adult/child care (residence) C S S S C S 2.70 Boarding Houses CC CC CC CC CC SS2.40 Halfway home C C C 2.80 Bed and breakfast C S S Z S S S S 2.50 Boarding house C C C C C C 2.85 Hotels, motels C S Z Z Z C 2.55 Bed and breakfast C S S Z S S S 2.100 Live/Work Units Z S Z 2.60 Hotels, motels C S Z Z C 2.110 R.V. Parks C C S C 2.65 Supportive Housing Z Z Z Z 2.120 Employee Housing Z Z Z Z 2.70 Transitional Housing Z Z Z Z MISCELLANEOUS CHANGES R1 R2 R3 CR C1 C2 DT C3 M1 M2 P 2.75 Emergency Shelters Z Z

9.60 EV Charging Z Z Z Z Z Z Z Z 12.30 Private homeowners keeping horses; one-half- acre minimum lot size

Z Z S S
Sec. 94.00. Permits
required
(1) Permit Definitions
(a) The use made of property may not be substantially changed, substantial clearing, grading, or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to one of the following permits:
(1) A zoning permit issued by the city planner; (2) A special use permit issued by the planning commission; (3) A conditional use permit issued by the city council; (4) Sign permits issued by the city planner. (b) Zoning permits, special use permits, conditional use permits and sign permits are issued under this part only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the Formatted: Double underlineFormatted: Double underlineFormatted: Double underlineFormatted: Double underlineFormatted: Double underlineFormatted: Double underlineFormatted: Double underlineFormatted: Double underlineFormatted: Double underline 119
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2 provisions of this part if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided in section 94.14, all development shall occur strictly in accordance with such approved plans and applications.
(c) Physical improvements to land to be subdivided may not be commenced except in accordance with a conditional use permit. (d) A zoning permit, conditional use permit, special use permit, or sign permit shall be issued in the name of the applicant (except that application submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority. All such permits issued with respect to tracts of land in excess of one (1) acre (except sign permits and zoning permits for single- family and two-family residential uses) shall be recorded in the San Bernardino County registry after execution by the record owner. (Ord. 427-AC) (2) Site Plan Permit Requirements: A site plan shall be drawn to scale of an adequate size and shall indicate clearly and with full dimensions the following data where applicable:
(a) Exterior boundary lines of the property indicating easements, dimensions and lot size. (b) All adjacent streets or rights-of-way, including 1 bicycle and/or hiking trails . (c) Location, elevations, size, height, dimensions, mate rials, colors, and proposed use of all buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and intended to remain on the site. (d) Setback information for all buildings existing and proposed at the site.

Distances between all structures and between all property lines or easements and structures. (e) Any nearby buildings which are relevant to this application. (f) Any existing significant natural features such as rock outcroppings, highly protected trees, creeks, knolls and ridgelines. (g) Location, number of spaces, and dimensions of off-street parking spaces, loading docks, and maneuvering areas; indicate internal circulation. (h) Pedestrian, vehicular and service points of ingress and egress; driveway widths, and distances between driveways. (i) Proposed landscaping; include quantity, location, varieties and container size. (j) Proposed grading plan (for sites having over five (5) foot grade differential), showing existing and proposed contours, and the direction and path of drainage on, through and off the site; indicate any proposed drainage channels or facilities . (k) Required and existing street dedications and improvements such as sidewalks, curbing and pavement. Indicate widths, radii of curves, street grades and whether streets are public or private. (l) Other such data as may be required to by the Planning Commission and City Council or the City Planner to make the required findings for approval of the specific type of application. (m) Scale shown as "Scale: 1 inch =feet" and North arrow. (n) Vicinity map indicating nearby cross streets in relation to site (need not be to scale). (o) Whether the proposed site is in a FEMA flood plain Sec. 94.01. Eligible Applicants
(a) Applications for zoning, special use, conditional use, or sign permits will be accepted only from persons having the legal authority to take action in accordance with the permit approval. By way of illustration, in general this means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this part, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees). (b) The city planner may require an applicant to submit evidence of his/her authority to submit the application in accordance with subsection (a) of this section whenever there appears to be a reasonable basis for questioning this authority. (Ord. 427- AC)
Sec. 94.02. Complete Applications
(a) All applications for zoning, special use, conditional use, or sign permits must be complete before the permit issuing authority is required to consider the application. (b) Subject to subsection (c) of this section, an application is complete when it contains all of the information that is necessary for the permit issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this part.
(c) In this part, detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, etc.) are set forth in one (1) or more of the appendices to this part. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plans provide sufficient information in the light of the substantive requirements set forth in this text of this part. (d) The city planner shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In classes of cases where a minimal amount of information is necessary to enable the City Planner to determine compliance with this part, such as applications for zoning permits to construct single-family or two-family houses, or applications for sign permits, the city planner shall develop standard forms that will expedite the submission of the necessary plans and other required information. (Ord. 427-AC) Sec. 94.04. Staff consultation before formal application (a) To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this part, preapplication consultation between the developer and the planning staff is encouraged or required as provided in this section.
(b) Before submitting an application for a conditional use permit authorizing a development that consists of or contains a major subdivision, the developer shall submit to the City Planner a preliminary site-plan for such subdivision, drawn approximately to scale (one (1) inch equals one hundred (100) feet). The preliminary site plan shall contain:
(1) The name and address of the developer; (2) The proposed name and location of the subdivision; Formatted ... [1]Formatted: Double underlineFormatted ... [2]Formatted ... [3]Formatted ... [4]Formatted ... [5]Formatted ... [6]Formatted ... [7]Formatted ... [8]Formatted ... [9]Formatted ... [10]Formatted ... [11]Formatted ... [12]Formatted ... [13]Formatted ... [14]Formatted ... [15]Formatted ... [16]Formatted ... [17]Formatted ... [18]Formatted ... [19]Formatted: Double underlineFormatted ... [20]Formatted ... [21]Formatted: Double underlineFormatted: Double underlineFormatted ... [22]Formatted ... [23]Formatted ... [24]Formatted: Double underlineFormatted ... [25]Formatted ... [26]Formatted: Double underlineFormatted: Double underline 120
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3 (3) The approximate total acreage of the proposed subdivision; (4) The tentative street and lot arrangement; (5) Topographic lines; and (6) Any other information the developer believes necessary to obtain the informal opinion of the planning staff as to the proposed subdivision's compliance with the requirements of this part.

The city planner shall meet with the developer as soon as conveniently possible to review the preliminary site-plan. (c) Before submitting an application for any other permit, developers are strongly encouraged to consult with the planning staff concerning the application of this part to the proposed development. (Ord. 427-AC) Sec. 94.05. Staff consultation after application submitted (a) Upon receipt of a formal application for a zoning, special use, or conditional use permit, the city planner shall review the application and confer with the applicant to ensure that he understands the planning staff's interpretation of the applicable requirements of this part, that they have submitted all of the information that they intend to submit, and that the application represents precisely and completely what the applicant has proposed to do. (b) If the application is for a special use or conditional use permit, the city planner shall place the application on the agenda of the appropriate body when the application is deemed complete. (Ord. 427-AC Sec. 94.06. Zoning permits
(a) A completed application form for a zoning permit shall be submitted to the City Planner by filing a copy of the application with the planning department. (b) The City Planner shall issue the zoning permit unless they finds, after reviewing the application and consulting with the applicant that:
(1) The requested permit is not within his jurisdiction according to the table of permissible uses; or (2) The application is incomplete; or (3) If completed as proposed in the application, the development will not comply with one (1) or more requirements of this part. (Ord. 427-AC) Sec. 94.07. Special Use Permits and Conditional Use Permits (a) An application for a Special Use Permit shall be submitted to the Planning Department to be placed on a Planning Commission meeting agenda. (b) An application for a Conditional Use Permit shall be submitted to the Planning Department to be placed on a City Council meeting agenda for final approval. (c) Subject to subsection (d) of this section, the planning commission or the council, respectively, shall issue the requested permit unless it concludes, based upon the information submitted at the hearing, that:
(1) The requested permit is not within its jurisdiction according to the table of permissible uses; or (2) The application is incomplete; or (3) If completed as proposed in the application, the development will not comply with one (1) or more requirements of this part. (d) Even if the permit-issuing body finds that the application complies with all other provisions of this part, it may still deny the permit if it concludes based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not:
(1) Will materially endanger the public health or safety; or (2) Will not be in general conformity with the general plan. (Ord. 427-AC) Sec. 94.08. Recommendations on conditional use permit applications (a) Before being presented to the council, an application for a conditional use permit shall be submitted to the planning commission for a public hearing and action. (b) When presented to the planning commission, the application shall be accompanied by a staff report setting forth the planning department’s proposed findings concerning the application's compliance with other requirements of this part, as well as any staff recommendations for additional requirements to be imposed by the council. If the planning department’s report proposes a finding or conclusion that the application fails to comply with any other requirement of this part, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions. (c) The planning commission shall consider the application and the attached staff report in a timely fashion. (d) After planning commission action, the planning staff shall report to the council the planning commission recommendation and the reasons thereof. (e) In response to the planning commission recommendations, the applicant may modify his application prior to submission to the council, and the planning staff may likewise revise its recommendations. (Ord. 427-AC) Sec. 94.09. Council action on conditional use permits In considering whether to approve an application for a conditional use permit, the council shall proceed according to the following format:
(1) The council shall consider whether the application is complete. If no member moves that the application be found incomplete (specifying either the particular type of information lacking or the particular requirement with respect to which the application is incomplete) then this shall be taken as an affirmative finding by the council that the application is complete. (2) The council shall consider whether the application complies with all of the applicable requirements of this part. If a motion to this effect passes, the council need not make timer findings concerning such requirements.

If such a motion fails or is not made then a motion shall be made that the application be found not in compliance with one or more of the requirements of this part. Such a motion shall specify the particular requirements the application fails to meet. Separate votes may be taken with respect to each requirement not met by the application.

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4 (3) If the council concludes that the application fails to comply with one (1) or more requirements of this part, the application shall be denied.

If the council concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one (1) or more of the reasons set forth in section 94.07(d). Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion. (Ord. 427-AC) Sec. 94.10. Planning commission action on special use permits In considering whether to approve an application for a special use permit, the planning commission shall proceed in the same manner as the council when considering conditional use permit applications. (1) The planning commission shall consider whether the application is complete. If the planning commission concludes that the application is incomplete and the applicant refuses to provide the necessary information, the application shall be denied. A motion to this effect shall specify either the particular type of information lacking or the particular requirement with respect to which the application is incomplete. A motion to this effect, concurred in by two (2) members of the planning commission, shall constitute the planning commission's finding on this issue. If a motion to this effect is not made and concurred in by at least two (2) members, this shall be taken as an affirmative finding by the commission that the application is complete. (2) The planning commission shall consider whether the application complies with all of the applicable requirements of this part. If a motion to this effect passes by the necessary majority vote, the planning commission need not make further findings concerning such requirements. If such a motion fails to receive the necessary majority vote or is not made, then a motion shall be made that the application be found not in compliance with one (1) or more requirements of this part. Such a motion shall specify the particular requirements the application fails to meet. A separate vote may be taken with respect to each requirement not met by the application, and a majority vote of the commission (excluding vacant seats) in favor of such a motion shall be sufficient to constitute such motion a finding of the commission.

If the planning commission concludes that the application fails to meet one (1) or more of the requirements of this part, the application shall be denied.

If the planning commission concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one (1) or more of the reasons set forth in section 94.07(d). Such a motion shall propose specific findings, based upon the evidence submitted, justifying such a conclusion. Since such a motion is not in favor of the applicant, it is carried by a simple majority vote. (Ord. 427-AC) Sec. 94.11. Additional requirements on special use and conditional use permits (a) Subject to subsection (b) of this section, in granting a special or conditional use permit, the planning commissioner or city council, respectively, may attach to the permit such reasonable requirements in addition to those specified in this part as will ensure that the development in its proposed location:
(1) Will not endanger the public health or safety; (2) Will be in conformity with the general plan. (b) The permit-issuing body may not attach additional conditions that modify or alter the specific requirements set forth in the ordinance codified in this part unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements.
(c) Without limiting the foregoing, the planning commission may attach to a permit a condition limiting the permit to a specified duration. (d) All additional conditions or requirements shall be entered on the permit. (Ord.427- AC) Sec. 94.12. No occupancy, use, or sale of subdivision lots until requirements fulfilled Issuance of a conditional use, special use, zoning permit, or sign permit authorizes the recipient to commence the activity resulting in a change in use of the land or (subject to obtaining a building permit) to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures or to make necessary improvements to a subdivision. However, except as provided in section 94.13, the intended use may not be commenced, no building may be occupied, and in the case of subdivisions, no lots may be sold until all of the requirements of this part and all additional requirements imposed pursuant to the issuance of a conditional use or special use permit have been complied with, as required. (Ord. 427-AC) Sec. 94.13. Completing developments in phases
(a) If a development is constructed in phases or stages in accordance with this section, then, subject to subsection (c) of this section, the provisions of Section 94.12 (No occupancy, use, or sale of lots until requirements fulfilled) shall apply to each phase as if it were the entire development.
(b) As a prerequisite to taking advantage of the provisions of subsection (a) of this section, the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this part that will be satisfied with respect to each phase or stage.
(c) If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one (1) or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the approved schedule. (Ord. 427-AC) Formatted ... [69]Formatted ... [70]Formatted ... [71]Formatted ... [72]Formatted ... [73]Formatted ... [74]Formatted ... [75]Formatted ... [76]Formatted ... [77]Formatted ... [78]Formatted ... [79]Formatted ... [80]Formatted ... [81]Formatted ... [82]Formatted ... [83]Formatted ... [84]Formatted ... [85]Formatted ... [86]Formatted ... [87]Formatted ... [88]Formatted ... [89]Formatted ... [90]Formatted ... [91]Formatted ... [92]Formatted ... [93]Formatted ... [94]Formatted ... [95]Formatted ... [96]Formatted ... [97]Formatted ... [98]Formatted ... [99]Formatted ... [100]Formatted ... [101]Formatted ... [102]Formatted ... [103]Formatted ... [104]Formatted ... [105]Formatted ... [106]Formatted ... [107] 122
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5 Sec. 94.14. Expiration of permits
Zoning, special use, conditional use, and sign permits shall expire automatically. if, within twelve (12) months after issuance of such permits:
(1) The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use, or (2) Less than ten (10) percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development this requirement shall apply only to the first phase. (b) If after some physical alteration to land or structures begins to take place, such work is discontinued for a period of twelve (12) months, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of section 94.15.
(c) The permit-issuing authority may extend for a period up to twelve (12) months the date when a permit would otherwise expire pursuant to subsections (a) or (b) of this section if it concludes that: (1) the permit has not yet expired; (2) the permit recipient has proceeded with due diligence and in good faith; and (3) conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to twelve (12) months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit. (d) For purposes of this section, the permit within the jurisdiction of the council or the planning commission is issued when such commission votes to approve the applications and issue the permit. A permit within the jurisdiction of the city planner is issued when the earlier of the following takes place:
(1) A copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is mailed to the permit applicant or sent through electronic delivery; or (2) The city planner notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner so it can be recorded if required. (Ord. 427-AC) Sec. 94.15. Effect of permit on successors and assigns
(a) Zoning, special use, conditional use, and sign permits authorize the permittee to make use of land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the proposes for which the permit was granted, then:
(1) No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit; and
(2) The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain, any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice (as provided in subsection (b) of this section) of the existence of the permit at the time they acquired their interest. (b) Whenever a special use, or conditional use permit is issued to authorize development (other than single-family or two-family residences) on a tract of land, nothing authorized by the permit may be done until the record owner of the property signs a written acknowledgment that the permit has been issued so that the permit. (Ord. 427-AC) Sec. 94.15. Amendments to and modifications of permit
(a) Insignificant deviations from the permit (including approved plans) issued by the city council, the planning commission or the city planner are permissible and the city planner may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. (b) Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the permit-issuing authority. For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. (c) All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the council or planning commission, new conditions may be imposed, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit. (d) The city planner shall determine whether amendments to and modifications of permits fall within the categories set forth above in subsections (a), (b), and (c) of this section. (e) A developer requesting approval of changes shall submit a written request for such approval to the city planner and that request shall identify the changes. Approval of all changes must be given in writing. (Ord. 427-AC) Sec. 94.16. Reconsideration of planning commission actions (a) Whenever: (1) the city council disapproves a conditional use permit application; or (2) the planning commission disapproves an application for a special use permit or a variance, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective body at a later time unless the applicant clearly demonstrates that: (A) Circumstances affecting the property that is the subject of the application have substantially changed, or(B) New information is available that could not with reasonable diligence have (C) The Applicant has substantially changed the design of the project. (C) The Applicant has substantially changed the design of the project.

A request to be heard on this basis must be filed with the city planner within the time period for an appeal. However, such a request does not extend the period within which an appeal must be taken. (Ord. 427-AC) Sec. 94.17. Applications to be processed expeditiously.

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6 Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the city shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this part. (Ord. 427-AC) Sec. 94.18. Maintenance of common areas, improvements and facilities The recipient of any zoning, special use, conditional use, or sign permit, or his successor, shall be responsible for maintaining all common areas, improvements, or facilities required by this part or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed. (Ord. 427-AC) Sect. 94.19. Reasonable Accommodation applications.Reasonable Accommodation: A modification in the application of land use or zoning regulations or in the application of land use, zoning, or building policies, procedures, or practices when necessary to eliminate barriers to housing opportunities, which does not impose undue financial or administrative burdens on the City or require a fundamental or substantial alteration of the City's regulations, policies, procedures or practices.

Reasonable Accommodation for Residential Uses. A request for reasonable accommodation can be made by any individual with a disability, his or her representative, or a developer or provider of housing for an individual with a disability, when the application of a land use or zoning regulation, or land use, zoning, or building policy, practice or procedure acts as a barrier to fair housing.

The purpose of granting an application for Reasonable Accommodation is to provide an individual with health conditions and impairments, the representative, or a developer or provider of housing for an individual with a disability, a modification with respect to the application of land use, or zoning regulations, and in the application of land use, zoning, or building policies, practices or procedures when those regulations, policies and procedures act as a barrier to fair housing. An application for Reasonable Accommodation may be filed with the Planning Department as provided in Article IV Section (1) Definitions. Article II Section 92 is hereby amended to add the following definitions:
(a) Fair Housing Laws: The Federal Fair Housing Act (42 U.S.C. § 3601 et. Seq.), the California Fair Employment and Housing Act (Government Code §12900 et seq.), and the California Disabled Persons Act (Civil Code § 54 et.Seq.). Individual with a Disability: A person who has a medical, physical, or mental conditions that limits a major life activity, as those terms are defined in California Government Code section 12926 (2) Submittal requirements for reasonable accommodations. Each application for a Reasonable Accommodation shall be accompanied by the site plan information required by Article IV Section 94 (2) (a) through {o).The application shall be accompanied by the following information:
(a) The name, address, and phone number for the applicant and owner of the property for which the reasonable accommodation request is being made; (b) The current and proposed use of the property for which the reasonable accommodation request is being made; (c) If the applicant is someone other than the property owner, a letter of agency or authorization signed by the property owner consenting to the application being made; (d) The basis for the claim that the individual to be reasonably accommodated is an Individual with a Disability under the Fair Housing Laws; (e) The land use or zoning regulation, or land use, zoning, or building policy, practice or procedure for which reasonable accommodation is being requested; (f) The type of accommodation sought;
(g) The reason(s) why the accommodation is necessary for the needs of the people with health conditions or impairment person. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;
(h) Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation; (i) Other supportive information deemed necessary by the department to facilitate proper consideration of the request, consistent with fair housing laws. (j) Completion of a CEQA Checklist if proposed site is on vacant land. (3) Findings. The reviewing authority shall approve the application, with or without conditions, unless it determines on the basis of substantial evidence that one or more of the following findings cannot be made:
a. The accommodation is requested by or on behalf of an individual with a disability protected under the fair housing laws. b. The housing, which is subject to the requested accommodation, will be used by an individual with a disability protected under fair housing laws. c. The requested accommodation is necessary to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. d. The requested accommodation will not impose an undue financial or administrative burden on the City. e. The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning. (4) Other Discretionary approvals. If the project requires other discretionary approval (such as a Conditional Use Permit or Variance) independent of the reasonable accommodation request, then the reasonable accommodation application will be decided prior to the other applications. Such decisions shall not to be-reconsidered as part of the subsequent approvals but shall be regarded as independent entitlements.(5) Decisions. The City Planner shall, within 30 days of determining the application complete, approve, approve with conditions, or deny the application based on the findings set forth in Article IV Section 94.19 (2), and may impose such conditions as it deems necessary to ensure the accommodation will comply with the findings required in Article IV Section 94.19 (2) and fair housing laws. As part of consideration of a request for a reasonable accommodation related to construction of new dwelling or dwellings, the City Planner may consult with the Design Review Committee regarding the requested accommodation and any options that may result in a reasonable accommodation. While any request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect Formatted ... [150]Formatted: Double underlineFormatted ... [151]Formatted ... [152]Formatted ... [153]Formatted ... [154]Formatted ... [155]FormattedFormatted ... [156]Formatted ... [157]Formatted: Double underlineFormatted: Double underlineFormatted ... [158]Formatted ... [159]Formatted ... [160]Formatted ... [161]Formatted ... [162]Formatted ... [163]Formatted ... [164]Formatted: Double underlineFormatted ... [165]FormattedFormatted: Double underlineFormatted ... [166]Formatted ... [167]Formatted ... [168]Formatted ... [169]Formatted ... [170]Formatted ... [171]Formatted: Double underline 124
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7 (6) Appeals. The decision of the City Planner may be appealed in accordance with Article XVIII "Enforcement and Review" Appeals are subject to payment of the fee imposed on appeals in the City's Master Fee Schedule. (7) Nonconforming Status. All improvements constructed under the auspices of this chapter shall be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted unless the Development Department City Planner, City Planner, Building Official, or other discretionary reviewing authority, as applicable, makes a determination as follows:
a. The unit has been preoccupied by a qualified person or such improvements provide benefit for future occupancy by a qualified person; or b. The removal of the improvement is not readily achievable without making significant structural changes that would impact the safety and soundness of the structure, as determined solely by the Building Official, or such costs of removal equal or exceed 25 percent of the market value of the structure. (8) Confidentiality. Medical information provided to the City related to the person for whom a reasonable accommodation is being requested shall be retained in a manner so as to respect to the privacy rights of the applicant to the extent feasible, shall be kept confidential and shall not be made available to the public, pursuant to state and federal law.(9) Urgent, Temporary and Unforeseen Need. Upon receipt of the application required by Article IV Section 94.19 (2), and without the right of appeal provided by Article IV Section 94.19 (6), upon a showing of an urgent, temporary and unforeseen need made by or on behalf of an Individual with a Disability, the Zoning Administrator shall approve as a Temporary Reasonable Accommodation temporary ramps and temporary and easily remediated alterations to a building that are not designed or intended nor allowed to remain for more than 90 days following such approval during a period of temporary disability (90 days maximum) or during a period during which an application for Reasonable Accommodation has been made and has not been acted upon with, finality. Any approved Temporary Reasonable Accommodation shall be removed within the period of time established for such removal by the City Planner at the time of approval. (Ord 621-AC) Sec. 96.03.

Sec. 96.03. Permissible uses and specific exclusions. (a) The presumption established by this part is that all legitimate uses of land are permissible within at least one (1) zoning district in the city’s planning jurisdiction. Therefore, because the list of permissible uses set forth in section 96.01 (Table of Permissible Uses) cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses. (b) Notwithstanding subsection (a) of this section, all uses that are not listed in section 96.01 (Table of Permissible Uses), even given the liberal interpretation mandated by subsection (a) of this section, are prohibited. Nor shall section 96.01 (Table of Permissible Uses) be interpreted to allow a use in one (1) zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts. (c) Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:
(1) Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the adopted City Uniform Fire Code; (2) Stockyards, slaughterhouses, rendering plants; (3) Use of a travel trailer as a temporary or permanent residence; (Situations that do not comply with this subsection on the effective date of this part are required to conform within one (1) year.); (4) Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted. (Situations that do not comply with this subsection on the effective date of this part are required to conform within one (1) year.); Sec. 96.08.01
Standards for Accessory Dwelling Units Created Through Construction of or Additions to a Detached Accessory Building or by Construction of or Additions to an existing dwelling

1. Zones. The proposed unit would be located on a lot that contains a proposed or existing dwelling located in one of the following residential zones: R-1, R-2, R-3, CRR, and C-2.

2. On lots zoned for R-1 single family residential use, one ADU is allowed per primary dwelling unit. On lots zoned R-2, R-3, CRR, and C-2, for multi-family residential use, a maximum of two ADUs are permitted. 3. Rental. The Accessory Dwelling Unit may be rented but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental.

4. Location on lot. The Accessory Dwelling Unit shall either be attached to the existing dwelling or located within the Living Area of the existing dwelling or shall be detached from the existing dwelling and located on the same lot as the existing dwelling. If detached, the Accessory Dwelling Unit shall be separated from the Primary Unit and any Detached Accessory Building a minimum of three feet. Note: the adopted Fire Code setback standards must be met.

5. Zoning Development Standards. The proposed unit shall comply with development standards for the underlying zone in which it is located, specifically standards for lot coverage, setback, height, and floor area ratio, except as explicitly set forth herein.

6. Separate Kitchen and Bathroom. The proposed Accessory Dwelling Unit shall contain a separate kitchen and bathroom; both the Primary Unit and the Accessory Dwelling Unit shall comply at a minimum with all requirements of the current residential code; and the Accessory Dwelling Unit shall comply with the building code at the time it was constructed.

7. Size. The increased floor area of an Attached Accessory Dwelling Unit shall not exceed 50 percent of the existing Living Area, with a maximum allowable increase in floor area of 1,200 square feet. The total area of floorspace for a newly constructed Detached Accessory Dwelling Unit shall not exceed 1,200 square feet. There is no limit on the size of an accessory dwelling unit that is attached to or detached from a primary unit, except that attached and detached accessory dwelling units shall not be FormattedFormatted: Double underlineFormattedFormatted: Double underlineFormattedFormatted: Double underlineFormattedFormatted: Double underlineFormattedFormatted: Double underlineFormattedFormatted: Double underlineFormattedFormatted: Double underlineFormattedFormatted: Double underlineFormattedFormatted: Double underlineFormattedFormatted: Double underlineFormattedFormatted: Double underlineFormatted 125
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8 larger than the primary unit, and detached and attached accessory dwelling units shall comply with setback requirements, the required distance between units, open space requirements and maximum lot coverage/FAR requirements applicable to the parcel on which the unit is located.

8. Height. A detached Accessory Dwelling Unit shall not exceed the height of maximum height limit of its respective zone. 15 feet in height. 9. Passageway. No Passageway shall be required in conjunction with the construction of an Accessory Dwelling Unit.

10. Setback Exceptions. A detached Accessory Dwelling Unit must have a minimum set back of four (4) feet from side and rear property lines. No setback shall be required for a lawfully constructed garage or other accessory structure in existence prior to execution of this Ordinance that is converted to an Accessory Dwelling Unit, and a setback of no more than four (4) feet from the side and rear lot lines shall be required for an Accessory Dwelling Unit that is constructed above a garage. In the event anAccessory Dwelling Unit is permitted prior to the primary residence, a minimum front set back of 26 feet shall apply. Note: the adopted Fire Code setback standards must be met.

11. Parking. The application shall comply with parking provisions of Needles’ Municipal Code Section 111, including parking setback limitations, except as set forth below: a. One parking space per accessory dwelling unit or per bedroom, whichever is less, of the proposed Accessory Dwelling Unit in addition to those required for the Primary Unit(s). b. Required parking for the Accessory Dwelling Unit may be uncovered. c. Off-street parking for an Accessory Dwelling Unit may be in tandem with parking for the Primary Unit or may be allowed in the front setback, unless specific findings are made that such is not feasible based on specific site topographical or fire and life safety conditions. All parking spaces shall be on an Improved Parking Surface that satisfies City Standards. d. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit, the City does not require that those parking spaces be replaced, e. Subsections A through D of this Standard 11 shall not apply to a unit described in subsection 11F below. f. On-site parking is not required for an Accessory Dwelling Unit in any of the following circumstances:
 The unit is located within one-half mile of Public Transit.  The unit is part of the existing Primary Unit or an existing Accessory Building.  When on-street parking permits are required but not offered to the occupant of the unit.  When there is a car share vehicle located within one block of the unit. 12. Feasibility Inspection. Unless the project constitutes new construction, a building inspection shall be performed by the City's Building Dept. at applicant's cost, and a report establishing the feasibility of the project to meet applicable building and residential codes shall be provided to the City Planner, or his/her designee, of Development Services prior to approval of an Accessory Dwelling Unit permit.

13. Adequate sanitary service capacity for the additional increment of effluent resulting from the Accessory Dwelling Unit would be available. If the lot is connected to the public sewer system, the applicant has submitted a letter from the appropriate Sanitary District to that effect. If the lot is not connected to the public sewer system, the applicant will need to demonstrate that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed Accessory Dwelling Unit.

14. The Accessory Dwelling Unit would comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2.

15. The Accessory Dwelling Unit would comply with all applicable Water District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2 f. Standards for Accessory Dwelling Units Created Exclusively through Conversion of Existing Floorspace in a Single-Family Dwelling, Multifamily Structure, or a Detached Accessory Building

1. The unit shall be located in one of the following residential zones: R-1, R-2, R-3, CRR, and C-2.

2. The unit shall be created within an existing legal structure (a single-family dwelling or a Detached Accessory Building appurtenant to a single-family dwelling) and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure.

3. The unit shall provide independent exterior access from the Primary Unit.

4. The unit has sufficient setbacks to meet fire safety requirements. 5. There shall be no more than one Accessory Dwelling Unit per primary dwelling on a single family lot. On a multifamily lot, non-livable space may be converted into at least one ADU, and up to 25 percent of the number of existing multifamily dwelling units, if each converted unit complies with the state building standards for dwellings.

6. Rental. The unit may be rented but may not be rented for a period less than 30 consecutive days or used as a Vacation Rental.

7. Feasibility Inspection. A building inspection shall be performed by the City's Building Division at applicant's cost, and a memo establishing the feasibility of the project to meet applicable building and residential codes shall be provided to the City Planner, or his/her designee, of Community Development, prior to approval of a permit. 126
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9 g. Standard for Junior Accessory Dwelling Units

1. The proposed junior accessory dwelling unit would be located in a residential zone, including the R-1, R2, R-3 and CRR, and C-2 zones.

Sec. 97.00. Residential zone densities with no bonuses.

Before any density bonuses are applied, the number of dwelling units permitted in a residential development shall not exceed or be developed at less than the following amounts:

ZONE DENSITY RANGE R-1 1.0 - 7.0 R-2 8.0 - 17.0 R-3 18.0 - 30.0 CRR 1.0 - 30.0 Residential development shall equal at least the lowest value for each zone’s density range, exclusive of properties encumbered by or proposed for deeded or dedicated easements, unless the property owner can demonstrate to the City Planner City Planner that physical or environmental constraints on the property make development to the minimum density infeasible.

Sec. 97.01. Density Bonus and Related Incentives and Concessions Program.

Sec. 97.01(a). Purpose. The purpose of this Section 97.01 is to satisfy the requirements set forth in the Government Code Section 65915, et seq. (known as the State Density Bonus Law). If any provision of this Division conflicts with state law, or provides more rights than are legally required by state law, the minimum requirements of State law shall control. (1) When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within the City shall comply with this section. (2) The City shall not condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section. This subdivision does not prohibit the City from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, as described in subdivision (d), waivers or reductions of development standards, as described in subdivision (e), and parking ratios, as described in subdivision (p). (3) In order to provide for the expeditious processing of a density bonus application, the City shall do all of the following: (A) Adopt procedures and timelines for processing a density bonus application. (B) Provide a list of all documents and information required to be submitted with the density bonus application in order for the density bonus application to be deemed complete. This list shall be consistent with this chapter. (C) Notify the applicant for a density bonus whether the application is complete in a manner consistent with the timelines specified in Section 65943. (D) (i) If the City notifies the applicant that the application is deemed complete pursuant to subparagraph (C), provide the applicant with a determination as to the following matters: (I) The amount of density bonus, calculated pursuant to subdivision (f), for which the applicant is eligible. (II) If the applicant requests a parking ratio pursuant to subdivision (p), the parking ratio for which the applicant is eligible. (III) If the applicant requests incentives or concessions pursuant to subdivision (d) or waivers or reductions of development standards pursuant to subdivision (e), whether the applicant has provided adequate information for the City to make a determination as to those incentives, concessions, or waivers or reductions of development standards. (ii) Any determination required by this subparagraph shall be based on the development project at the time the application is deemed complete. The City shall adjust the amount of density bonus and parking ratios awarded pursuant to this section based on any changes to the project during the course of development. (b) (1) The City shall grant one density bonus, the amount of which shall be as specified in subdivision (f), and, if requested by the applicant and consistent with the applicable requirements of this section, incentives or concessions, as described in subdivision (d), waivers or reductions of development standards, as described in subdivision (e), and parking ratios, as described in subdivision (p), if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following: (A) Ten percent of the total units of a housing development, including a shared housing building development, for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code. 127
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10 (B) Five percent of the total units of a housing development, including a shared housing building development, for rental or sale to very low income households, as defined in Section 50105 of the Health and Safety Code. (C) A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. For purposes of this subparagraph, “development” includes a shared housing building development. (D) Ten percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase. (E) Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units. (F) (i) Twenty percent of the total units for lower income students in a student housing development that meets the following requirements:
(I) All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the City that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development. (II) The applicable 20-percent units will be used for lower income students. (III) The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type. (IV) The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, orinstitution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause. (ii) For purposes of calculating a density bonus granted pursuant to this subparagraph, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities. The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years. (G) One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code. For purposes of this subparagraph, “development” includes a shared housing building development. (2) For purposes of calculating the amount of the density bonus pursuant to subdivision (f), an applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B), (C), (D), (E), (F), or (G) of paragraph (1). (c) (1) (A) An applicant shall agree to, and The City shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. (B) (i) Except as otherwise provided in clause (ii), rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (ii) For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), rents for all units in the development, including both base density and density bonus units, shall be as follows: (I) The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (II) The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee. (2) (A) An applicant shall agree to ensure, and The City shall ensure, that a for-sale unit that qualified the applicant for the award of the density bonus meets either of the following conditions: (i) The unit is initially occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code and is subject to an equity sharing agreement. (ii) The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code and that includes all of the following: (I) A repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser. (II) An equity sharing agreement.
(III) Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the Health and Safety Code. (B) For purposes of this paragraph, a “qualified nonprofit housing corporation” is a nonprofit housing corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program. 128
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11 (C) The City shall enforce an equity sharing agreement required pursuant to clause (i) or (ii) of subparagraph (A), unless it is in conflict with the requirements of another public funding source or law or may defer to the recapture provisions of the public funding source. The following apply to the equity sharing agreement: (i) Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller’s proportionate share of appreciation. (ii) Except as provided in clause (v), the City shall recapture any initial subsidy, as defined in clause (iii), and its proportionate share of appreciation, as defined in clause (iv), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership. (iii) For purposes of this subdivision, the City’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. (iv) For purposes of this subdivision, the City’s proportionate share of appreciation shall be equal to the ratio of the City’s initial subsidy to the fair market value of the home at the time of initial sale. (v) If the unit is purchased or developed by a qualified nonprofit housing corporation pursuant to clause (ii) of subparagraph (A) the City may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housingcorporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use 100 percent of the proceeds to promote homeownership for lower income households as defined by Health and Safety Code Section 50079.5 within the jurisdiction of the City. (3) (A) An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:
(i) The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subdivision (b). (ii) Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household. (B) For the purposes of this paragraph, “replace” shall mean either of the following: (i) If any dwelling units described in subparagraph (A) are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subparagraph (A) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (ii) If all dwelling units described in subparagraph (A) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (C) Notwithstanding subparagraph (B), for any dwelling unit described in subparagraph (A) that is or was, within the five-year period preceding the application, subject to a form of rent or price control through the City’s valid exercise of its police power and that is or was occupied by persons or families above lower income, the City may do either of the following: (i) Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (ii) Require that the units be replaced in compliance with the jurisdiction’s rent or price control ordinance, provided that each unit described in subparagraph (A) is replaced. Unless otherwise required by the jurisdiction’s rent or price control ordinance, these units shall not be subject to a recorded affordability restriction. (D) For purposes of this paragraph, “equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced. (E) Subparagraph (A) does not apply to an applicant seeking a density bonus for a proposed housing development if the applicant’s application was submitted to, or processed by, The City before January 1, 2015. (d) (1) An applicant for a density bonus pursuant to subdivision (b) may submit to The City a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with The City. The City shall grant the concession or incentive requested by the applicant unless The City makes a written finding, based upon substantial evidence, of any of the following: (A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). 129
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12 (B) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households. (C) The concession or incentive would be contrary to state or federal law. (2) The applicant shall receive the following number of incentives or concessions: (A) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a development in which the units are for sale. (B) Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale. (C) Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale. (D) Four incentives or concessions for a project meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b). If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet. (E) One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development. (3) The applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. This subdivision shall not be interpreted to require the City to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. This subdivision shall not be interpreted to require the City to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The City shall establish procedures for carrying out this section that shall include legislative body approval of the means of compliance with this section. (4) The City shall bear the burden of proof for the denial of a requested concession or incentive. (e) (1) In no case may The City apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. Subject to paragraph (3), an applicant may submit to The City a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the City. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. This subdivision shall not be interpreted to require the City to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. This subdivision shall not be interpreted to require the City to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law. (2) A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d). (3) A housing development that receives a waiver from any maximum controls on density pursuant to clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f) shall only be eligible for a waiver or reduction of development standards as provided in subparagraph (D) of paragraph (2) of subdivision (d) and clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f), unless The City agrees to additional waivers or reductions of development standards. (f) For the purposes of this chapter, “density bonus” means a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the City, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b). (1) For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:

Percentage Low-Income Units Percentage Density Bonus
10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 16 29 17 30.5 18 32 19 33.5 20 35 21 38.75 22 42.5 23 46.25 130
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13 24 50
(2) For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:

Percentage Very Low Income Units Percentage Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 12 38.75 13 42.5 14 46.25 15 50 (3) (A) For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of senior housing units. (B) For housing developments meeting the criteria of subparagraph (E) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of the type of units giving rise to a density bonus under that subparagraph. (C) For housing developments meeting the criteria of subparagraph (F) of paragraph (1) of subdivision (b), the density bonus shall be 35 percent of the student housing units. (D) For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), the following shall apply:
(i) Except as otherwise provided in clauses (ii) and (iii), the density bonus shall be 80 percent of the number of units for lower income households. (ii) If the housing development is located within one-half mile of a major transit stop, the City shall not impose any maximum controls on density. (iii) If the housing development is located in a very low vehicle travel area within a designated county, the City shall not impose any maximum controls on density. (4) For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:

Percentage Moderate-Income Units Percentage Density Bonus 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 131
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14 34 29
35 30 36 31 37 32 38 33 39 34 40 35 41 38.75 42 42.5 43 46.25 44 50 (5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. (g) (1) When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City in accordance with this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density for the entire development, as follows:

Percentage Very Low Income Percentage Density Bonus 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 (2) This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met:
(A) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (B) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. (C) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the densitydescribed in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure. (D) The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the City may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the City before the time oftransfer. 132
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15 (E) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of the transfer. (F) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer. (G) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development. (H) A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. (h) (1) When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, The City shall grant either of the following:
(A) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility. (B) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. (2) The City shall require, as a condition of approving the housing development, that the following occur:
(A) The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c). (B) Of the children who attend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b). (3) Notwithstanding any requirement of this subdivision, the City shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities. (4) “Childcare facility,” as used in this section, means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and schoolage childcare centers. (i) “Housing development,” as used in this section, means a development project for five or more residential units, including mixed-use developments. For the purposes of this section, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by The City and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. (j) (1) The granting of a concession or incentive shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For purposes of this subdivision, “study” does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition set forth in subdivision (k). This provision is declaratory of existing law. (2) Except as provided in subdivisions (d) and (e), the granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards. (k) For the purposes of this chapter, concession or incentive means any of the following: (1) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (2) Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. (3) Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (l) Subdivision (k) does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City, or the waiver of fees or dedication requirements. (m) This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code. (n) If permitted by local ordinance, nothing in this section shall be construed to prohibit the City from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting aproportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section. (o) For purposes of this section, the following definitions shall apply: (1) “Designated county” includes the Counties of Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Mateo, Santa Barbara, Santa Clara, Solano, Sonoma, and Ventura. (2) “Development standard” includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation. (3) “Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop. 133
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16 (4) “Lower income student” means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government. (5) “Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code. (6) “Maximum allowable residential density” or “base density” means the maximum number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the maximum number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. If the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater shall prevail. Density shall be determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the local agency shall calculate the number of units by: (A) Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. A developer may provide a base density study and the local agency shall accept it, provided that it includes all applicable objective development standards. (B) Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study. (7) (A) (i) “Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section. (ii) A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units. (B) “Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section. (8) (A) “Total units” or “total dwelling units” means a calculation of the number of units that:
(i) Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. (ii) Includes a unit designated to satisfy an inclusionary zoning requirement of The City. (B) For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities. (9) “Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization. (p) (1) Except as provided in paragraphs (2), (3), and (4), upon the request of the developer, The City shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, of a development meeting the criteria of subdivisions (b) and (c), that exceeds the following ratios:
(A) Zero to one bedroom: one onsite parking space. (B) Two to three bedrooms: one and one-half onsite parking spaces. (C) Four and more bedrooms: two and one-half parking spaces. (2) (A) Notwithstanding paragraph (1), if a development includes at least 20 percent low-income units for housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b) or at least 11 percent very low income units for housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, The City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit. Notwithstanding paragraph (1), if a development includes at least 40 percent moderate-income units for housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, The City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom. (B) For purposes of this subdivision, “unobstructed access to the major transit stop” means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit. (3) Notwithstanding paragraph (1), if a development meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b), then, upon the request of the developer, The City shall not impose vehicular parking standards if the development meets any of the following criteria:
134
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17 (A) The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development. (B) The development is a for-rent housing development for individuals who are 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (C) The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (4) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide onsite parking through tandem parking or uncovered parking, but not through on street parking. (5) This subdivision shall apply to a development that meets the requirements of subdivisions (b) and (c), but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to subdivision (d). (6) This subdivision does not preclude The City from reducing or eliminating a parking requirement for development projects of any type in any location. (7) Notwithstanding paragraphs (2) and (3), if a city, county, city and county, or an independent consultant has conducted an areawide or jurisdiction wide parking study in the last seven years, then The City may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph (1), based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio. (8) A request pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d). (q) Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. The Legislature finds and declares that this provision is declaratory of existing law. (r) This chapter shall be interpreted liberally in favor of producing the maximum number of total housing units. (s) Notwithstanding any other law, if a city, including a charter city, county, or city and county has adopted an ordinance or a housing program, or both an ordinance and a housing program, that incentivizes the development of affordable housing that allows for density bonuses that exceed the density bonuses required by the version of this section effective through December 31, 2020, that city, county, or city and county is not required to amend or otherwise update its ordinance or corresponding affordable housing incentive program to comply with the amendments made to this section by the act adding this subdivision, and is exempt from complying with the incentive and concession calculation amendments made to this section by the act adding this subdivision as set forth in subdivision (d), particularly subparagraphs (B) and (C) of paragraph (2) of that subdivision, and the amendments made to the density tables under subdivision (f). (t) When an applicant proposes to construct a housing development that conforms to the requirements of subparagraph (A) or (B) of paragraph (1) of subdivision (b) that is a shared housing building, The City shall not require any minimum unit size requirements or minimum bedroom requirements that are in conflict with paragraph (7) of subdivision (o).

Sec. 99.01. Building Type.

Sec. 99.00. Buildings. Every building shall be designed or remodeled to accommodate its use in accordance with applicable building codes and other laws. (Ord. 427) Sec. 99.01. Downtown Core Building Type.

The Downtown Core is intended to be a mix of medium-density, high-density, and mixed-use residential and commercial uses, with building and site designs that are pedestrian oriented and reflect and celebrate the historic downtown along and around Broadway. Development Standards (to be inserted as a table):

Downtown Core Development Standards
Floor Area Ratio 2.0 Density Range 18 – 30 units/acre Setbacks Primary Street Setback Ground floor: 0 feet minimum / 5 feet maximum Side Street Setback Ground floor: 0 feet minimum / 5 feet maximum Rear Setback With Alley: 5 ft. minimum Without Alley: 15 ft. minimum Height 1. Top of plate height above adjacent sidewalk (max.) 45 ft. 45 ft. 2. Top of parapet height above top of plate (max.) 4 ft. 4 ft. 3. Pitched roof height above top of plate (max.) allowed Allowed 4. Ground story floor to floor height (min.) 15 ft. min. 15 ft. min. Parking Residential
Studio/Efficiency Units: 0.5 space/unit Units up to s999 sf 1.0 space/unit Units between 1,000 – 1,499 sf 1.5 spaces/unit 135
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18 Units 1,500 sf and greater: 2.0 spaces/unit
Guest: 0.25/unit
Lodging 0.75 space/room Live/Work Units up to 1,499 sf 1.0 space/unit Units 1,500 sf and greater See Commercial Commercial Ground floor commercial: 1/300 sf gross ground floor building area Upper Floor commercial: 1/350 sf gross upper floor building area Standalone Restaurant (A single restaurant, café, or similar business in a single building on a single parcel with on-site parking dedicated to the single restaurant use) 1/150 sf gross restaurant area Civic 1/350 sf gross building area Sec 99.01.01 Vehicular Access.
a. Parking shall be accessed from an alley. b. Where an alley is not present, parking/service areas may be accessed from primary street. Driveways shall be located as close to side property line as possible. c. Parking/service areas for corner lots shall be accessed from side street. d. Residential and commercial uses may utilize delineated parking stalls within the right-of-way adjacent to each respective lot as counting toward the required parking. e. Residential and commercial uses may utilize every 22 feet of useable lot frontage (excluding driveway entrances) along roadways conforming to the City’s standards as counting toward one (1) stall of required parking. Sec 99.01.02 Common On-Site Open Space. One (1) or more of the On-Site Open Space Types listed below shall be provided on each lot that accommodates residential uses. The required On-Site Open Space shall be generally rectangular in form, per the below listed minimum size requirements, and must be accommodated behind the Primary Street setback line. Open Space Type:
 Courtyard, minimum of 10% of total lot area, minimum of 20 ft. x 20 ft.  Roof Deck, minimum of 10% of total lot area, minimum of 20 ft. x 20 ft.

Sec 99.01.03 Private On-Site Open Space. Private open space in the form of a yard, balcony, or roof deck shall be provided for each residential unit.  Min. area: 40 square feet. Min. width: 5 feet. Setbacks: Front, residential use: 10 feet Front, nonresidential use: 0 feet Side, residential use: 5 feet Side, nonresidential use: 0 feet Rear, residential use: 10 feet Rear, nonresidential use: 0 feet Section 99.02 Section 99.06.05
Sec. 99.02. Building Materials. Metal building materials, including shipping containers modified for habitation, are permitted outright via a zoning permit except when Municipal Code Section 96.01 “Table of Permissible Uses” requires an entitlement to beprocessed for the use, then may be approved with the entitlement and when compliant with the architecture requirements, except: 1) Shipping Containers a. Zoning Permit (see also Section 99.06.05(b)). Sec. 99.06.05(b) Shipping Containers used as accessory buildings Ordinance 568-AC.

Formatted: Double underlineFormatted: Double underlineFormatted: Double underline 136
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19 (1) Permitted in all zones, provided setbacks are met. (2) Units to be painted in a color that blends with the existing structures and surrounding area. (3) Containers may not be placed in a required parking area. Stacking of containers is not permitted. (4) Containers may not be placed between the primary structure and the immediately adjacent road or access easement (front of property). (5) Under no circumstances shall a shipping container be used for human or animal habitation, unless modified as such according to the California Building Standards Code and approved with the entitlement and when compliant with the architecture requirements. (5) unless modified as such according to the California Building Standards Code and approved with the entitlement and when compliant with the architecture requirements. (6) Units must be located or screened so as not to be in public view, unless modified to be used as habitable space.unless modified to be used as habitable space.

Section 99.03
Zone
Minimum Gross Floor Area (square feet per dwelling unit) 0 Bedroom
Unit* 1 Bedroom Unit 2 Bedroom Unit 3 Bedroom Unit
R-1 and CRR zones 900 1,000 1,100 1,200 R-2 zone 550*220* 800600 950 1,050 R-3 and C-2 zones 550*220* 650600 800 950 C-2 zone--Downtown Core/ elderly housing in any zone 450*220* 600* 800 900
* efficiency units. Note: 0-bedroom units/efficiency units may be occupied by a maximum of 2 persons. Note: Each additional bedroom beyond 3 requires an additional 100 square foot minimum to the gross floor area. Note 2: All units must meet Building Code requirements. Note 2: All units must meet Building Code requirements.

Section 99.05 Section 99.06.05

HEIGHT LIMITS
Type of Building Maximum Height Residential Zones R-1 zone 2 stories of 35 feet, whichever is less. R-2 and R-3 Zones 3 stories or 45 feet, whichever is less. Commercial/Industrial/Mixed Use Zones 45 feet
Front Yard
Side Yard Rear Yard
Zone
Abutting a Street
Not Abutting a Street
Abutting a Street
Not Abutting a Street
R-1 20’ 15’ 5’ 20’ 20’ R-2 15’ 15’ 5’ 15’ 10’ R-3 10’ 10’ 5’ 10’ 5’ Section 99.06.09. Sec. 99.06.09. Courts. In the CRR, R-2 and R-3 zones, where the arrangement of a building or buildings on the same lot creates a court (an open space surrounded on all sides by buildings, but not necessarily completely enclosed), such court shall contain a rectangular open area at least thirty (30) feet by forty (40) twenty (20) by twenty (20) feet in horizontal dimensions. (Ord. No. 427-AC, (part).) This standard shall also apply to multifamily and mixed-use residential development in the C-2 zone. (Ord. 427-AC, 659-AC). 137
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20 Section 99.07.03 Sec. 99.07.03 Swimming pools, spas and other bodies of water.

To ensure public safety, construction, installation and maintenance of all private swimming pools, spas and other bodies of water with a depth in excess of 18 inches at any given point shall be subject to the following provisions. Definitions. A. "Swimming pool" or "pool" means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. "Swimming pool" includes in-ground and above-ground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools. B. "Public swimming pool" means a swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private club. Public swimming pool does not include a swimming pool located on the grounds of a private single-family home or multifamily residence.

C. "Enclosure" means a fence, wall, or other barrier that isolates a swimming pool from access to the home.

D. "Approved safety pool cover" means a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM), in compliance with standard F1346-91. E. "Exit alarms" means devices that make audible, continuous alarm sounds when any door or window, that permits access from the residence to the pool area that is without any intervening enclosure, is opened or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building. Drowning prevention safety features required.

B. Whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing pool or spa, at a private, single-family home or multifamily residence, the pool shall be isolated by an enclosure, or the pool shall incorporate removable mesh pool fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 Standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device, or the pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM Specifications F1346.

Design Standards Pools must be set back a minimum of 5 feet from all property lines, structures, fencing, and walls.

D. Pools, spas, and other bodies of water are reviewed and approved by the City’s Building Department. All pools, spas, and other bodies of water shall be compliant with the California Building Code.

Enclosures.

An enclosure shall have all of the following characteristics: A. Any access gates through the enclosure open away from the swimming pool, and are self-closing with self-latching device placed no lower than 60 inches above the ground. B. A minimum height of 60 inches. C. A maximum vertical clearance from the ground to the bottom of the enclosure of two inches. D. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four inches in diameter. E. An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. Exceptions to requirements of this Chapter. The requirements of this Chapter shall not apply to any of the following: A. Public swimming pools. B. Hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials-Emergency Performance Specification (ASTM-ES 13-89). Pool and spa requirements. A. Whenever the building permit is issued for the construction of a new swimming pool or spa, the pool or spa shall meet all of the following requirements:

1. The suction outlet of the pool or spa for which the permit is issued shall be equipped to provide circulation throughout the pool or spa. 2. The swimming pool or spa shall have at least two circulation drains per pump that shall be hydraulically balanced and symmetrically plumbed through one or more "T" fittings, and that are separated by a distance of at least three feet in any dimension between the drains.

B. Suction outlets that are less than 12 inches across shall be covered with anti-entrapment grates, as specified in the ASME/ANSI Standard A, 112.19.8, that cannot be removed except with the use of tools. Slots or openings in the grates or similar protective devices shall be of a shape, area, and arrangement that would prevent physical entrapment and would not pose any suction hazard to bathers. C. Any backup safety system that an owner of a new swimming pool or spa may choose to install in addition to the requirements set forth in Subsections A. and B. shall meet the standards as published in the document, "Guidelines for Entrapment Hazards: Making Pools and Spas Safer," Publication Number 363, March 2005, United States Consumer Product Safety Commission.

C. D. Whenever a building permit is issued for the remodel or modification of an existing swimming pool, toddler pool, or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool, or spa be upgraded so as to be equipped with an anti-entrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME).

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Item 4.
21 Section 99.08.02 Sec. 99.08.02. Fence height. (a) The maximum height of fences between two or more residential uses in residential zones shall be six (6) seven (7) feet, and the maximum height of any fence shall be fifteen (15) feet except where a greater height is required for sight-screening or noise reduction. The maximum height of a fence within the front setback shall be four (4) feet. In all setback areas, fences more than (4) feet in height shall be permitted only when approved under the site plan review procedure and subject to the terms of such approval. 1Other walls and fence regulations include:
a. Walls and fences within the front setback shall not exceed 4 feet in height. b. Walls and fences height shall be measured from the highest grade.

Prohibited fence materials in the residential and mixed-use zones include: sharp-edge, barbed wire, razor wire, and electrically charged fences.

Section. 99.09.04 © (25) On terms and in an amount acceptable to the City Planner, adequate surety is provided for reclamation of commercial solar energy generation facility sites should energy production cease for a continuous period of 180 days and/or if the site is abandoned.

Solar Energy Development Standards.
(c) Night Lighting. Outdoor lighting within a commercial solar energy generation facility shall comply with the provisions of Chapter 83.07 of this Development Code. (d) Public Safety Services Impact Fees. The developer of an approved commercial solar energy generation facility shall pay a fee on an annual basis according to the following schedule:
(e) Special Use Permit. Prior to the start of construction, the developer of an approved commercial solar energy generation facility shall submit for review, and gain approval for, a Conditional Use Permit (CUP). Thereafter, the CUP shall be renewed annually subject to annual inspections and the payment of fees. The annual CUP inspections shall review and confirm continuing compliance with the performance standards included in the findings of fact and the listed conditions of approval, including all mitigation measures. This comprehensive compliance review shallinclude evaluation of the operation and maintenance of the entire commercial solar energy generation facility. Failure to comply shall cause enforcement actions against the operator and owner of the facility. Such actions may cause a hearing or an action that could result in revocation of the facility’s conditional use permit and imposition of additional sanctions and/or penalties. (f) Project Notices. Notice of an application for approval of a commercial solar energy generation facility shall be provided to all property owners, whether located in a city or in the unincorporated area of the County, within the following parameters: (1) Area to be Notified: Owners of property located within 1,000 feet of the external boundaries of the parcel of the proposed site, or owners of property located up to 20 separate parcels away but not to exceed one quarter mile (1,320 ft.), whichever is greater. (A) Notification Timing. Notification shall be accomplished upon acceptance of a new Conditional Use Permit application or a Revision to an Approved Action application for a commercial solar energy generation facility, with additional notice of public hearings provided as required by law to property owners within the Area to be Notified cited above.Add SECTION ON SOLAR FACILITIES Required Findings for Approval of a Commercial Solar Energy Facility. (a) In order to approve a commercial solar energy generation facility, the Planning Commission shall determine that the location of the proposed commercial solar energy facility is appropriate in relation to the desirability and future development of communities, neighborhoods, and rural residential uses, and will not lead to loss of the scenic desert qualities that are key to maintaining a vibrant desert tourist economy by making each of the findings of fact in subdivision (c). (b) In making these findings of fact, the Planning Commission shall consider:
(1) the characteristics of the commercial solar energy facility development site and its physical and environmental setting, as well as the physical layout and design of the proposed development in relation to nearby communities, neighborhoods, and rural residential uses; and (2) the location of other commercial solar energy generation facilities that have been constructed, approved, or applied for in the vicinity, whether within a city or unincorporated territory, or on state or federal land. (c) The finding of fact shall include the following:
(1) The proposed commercial solar energy generation facility is either (A) sufficiently separated from existing communities and existing/developing rural residential areas so as to avoid adverse effects, or (B) of a sufficiently small size, provided with adequate setbacks, designed to be lower profile than otherwise permitted, and sufficiently screened from public view so as to not adversely affect the desirability and future development of communities, neighborhoods, and rural residential use. (2) Proposed fencing, walls, landscaping, and other perimeter features of the proposed commercial solar energy generation facility will minimize the visual impact of the project so as to blend with and be subordinate to the environment and character of the area where the facility is to be located. (3) The siting and design of the proposed commercial solar energy generation facility will be either:
(A) (A) unobtrusive and not detract from the natural features, open space and visual qualities of the area as viewed from communities, rural residential uses, and major roadways and highways, or Formatted: Font: ItalicFormatted: Font: ItalicFormatted: Font: ItalicFormatted: Font: ItalicFormatted: Numbered + Level: 1 + Numbering Style:A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.07" + Indent at: 0.32" 139
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22 140
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23 Section 99.05 B Section 99.09.04
Section 99.05 B
(b) Antennae. Notwithstanding the restrictions of subsection (a) of this section, radio, television, cellular, telecommunicationstelecommunications tower, and microwave antennae and similar equipment shall be subject to the following regulations:
(1) Ground-mounted antennae which are incidental or accessory uses are permitted to a height of fifty (50) feet, unless permitted higher by a conditional use permit. (2) Roof-mounted antenna and telecommunications facilities, which shall may include dishes to a maximum of twenty-four (24) inches in diameter, may be used but may not be more than twenty-five (25) feet higher than the highest point of the building to which they are attached, excluding chimneys and like projects, unless permitted higher by the issuance of a conditional use permit. *** Add as Section 99.05 C All rooftop equipment shall be screened form public view by screening materials of the same nature as the building's basic materials. Mechanical equipment should be located below the highest vertical element of the building.

All rooftop mechanical equipment shall be located at a distance from the edge of the building so as not to be visible from the pedestrian level, from adjacent properties, and from adjacent roadways. If such units must be placed in a visible location for functional reasons, they shall be screened in a manner consistent with the building facade. Landscaping and screening of areas needed for services, such as deliveries, trash collection is required. Other appurtenances such as ground mechanical units, utility boxes, back-flow devices, and similar equipment shall either be screened or blended with surrounding area. Add as Section 99.09.05 A. Telecommunications tower on residentially zoned lots. A telecommunication tower is prohibited on a residentially zoned lot unless either of the following applies:

1. The residentially zoned lot is developed and used for nonresidential purposes; or 2. The residentially zoned lot is owned by a governmental entity. B. New telecommunications towers. 1) Level of approval required.
a. City Planner-level—A City Planner-level site plan and design review is required for a new roof-mounted telecommunications facility that is no higher than twenty-five (25) feet higher than the highest point of the building to which it is attached, or a new monopole under fifty (50) feet, or a new monopole that replaces an existing monopole, does not exceed the height of the existing pole where it is located, and is located in the same or proximate location as the monopole being replaced. b. Commission-level. A conditional use permit is required for a new telecommunications tower that is not subject to City Planner-level review.

1. Site plan and design review. A new telecommunications tower is subject to site plan and design review approval at the same level as the conditional use permit.

2. Standards applicable only to discretionary projects. All wireless telecommunications comply with the following, except that small wireless telecommunications facilities which comply with the most recent version of the City’s wireless design standards, as approved by the City Council by resolution, after recommendation (for or against) by the Planning Commission, need not comply with the following:
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24 a. Screening. The applicant shall employ screening, undergrounding and camouflage design techniques to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility’s visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality. b. Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible. c. Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the City to provide screening or to conceal the facility. d. Modification. Consistent with current State and Federal laws and if permissible under the same, at the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities. e. Security. Permittee shall pay for and provide a performance bond or other form of security approved by the City Attorney’s office, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee’s obligations under these conditions of approval and this Code. The security instrument coverage shall include, but not be limited to, removal of the facility. (The amount of the security instrument shall be calculated by the applicant in its submittal documents in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.) Before issuance of any building permit, permittee must submit said security instrument. f. Noise. If a nearby property owner registers a noise complaint, the City shall forward the same to the permittee. Said compliant shall be reviewed and evaluated by the applicant. The permittee shall have 10 business days to file a written response regarding the complaint which shall include any applicable remedial measures. If the City determines the complaint is valid and the applicant has not taken any steps to minimize the noise, the City may hire a consultant to study, examine and evaluate the noise complaint and the permittee shall pay the fee for the consultant if the site is found in violation of this Section. The matter shall be reviewed by the City Planner. If the City Planner determines sound proofing or other sound attenuation measures are required to bring the project into compliance with the Code, the City Planner may impose conditions on the project to achieve said objective. g. Undergrounding. Accessory equipment shall be placed underground unless City staff determines that there is either no room in the public right-of-way for undergrounding or undergrounding is not feasible. If either exception applies, the accessory equipment may be placed above ground provided it is sufficiently concealed with natural or manmade features. When accessory equipment will be ground-mounted, such accessory equipment shall be enclosed within a structure that does not exceed a height of 5 feet, not exceed a footprint of 15 square feet, and shall be fully screened and/or camouflaged with landscaping and/or architectural treatment. Required electrical meter cabinets shall be screened and/or camouflaged.

3. Standards for all facilities. The following requirements apply to all wireless telecommunications facilities. a. Antenna placement. Antenna elements shall be flush mounted, if feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. b. Traffic safety. Facilities shall be designed consistent with all applicable safety standards and shall be installed only in a location which does not violate pedestrian or traffic safety standards. c. Blending methods. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area and structures. d. Poles. Pole mounted equipment and enclosure, exclusive of antennas, shall not exceed total volume allowed by City’s design standards. Strand mounted equipment and enclosure shall not exceed 2 cubic feet in total volume. e. Wind loads. Each facility shall be properly engineered to withstand wind loads as required by this Code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility. f. Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public’s use of the right-of-way, or safety hazards to pedestrians and motorists. g. Public facilities. A facility shall not interfere with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility. h. Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb and gutter flow line. i. Accessory equipment—Accessory equipment—Location. In locations where homes are only along one side of a street, above-ground accessory equipment shall not be installed directly in front of a residence. Such above-ground accessory equipment shall be installed along the side of street with no homes. j. Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City. k. Lighting. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods. l. Noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m. m. Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. For any discretionary permit, the City Planner may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device. n. Permit expiration. The installation and construction approved by a wireless telecommunications facility permit shall begin within one year after its approval or it will expire without further action by the City. o. Signs. At all times, all required notices and/or signs shall be posted on the site as required by the Federal Communications Commission, California Public Utilities Commission, any applicable licenses or laws, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans. p. Permit expiration. A condition setting forth the permit expiration date in accordance with subsection N shall be included in the conditions of approval. r. Permit transfer. The permittee shall not transfer the permit to any person prior to the completion of the construction of the facility covered by the permit, unless and until the transferee of the permit has submitted the security instrument. s. Property rights. The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the City shall be moved to accommodate a wireless telecommunications facility unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City’s structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the public right-of-way, the permittee shall provide the City with documentation establishing to the City’s satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or property within the public right-of-way to be affected by applicant’s facilities. t. Liability. The permittee shall assume full liability for damage or injury caused to any property or person by the facility. 142
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25 u. Repair obligations. The permittee shall repair, at its sole cost and expense, any damage, including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation and/or maintenance of a wireless telecommunications facility in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within the number of days stated on a written notice by the City Engineer. Such time period for correction shall be based on the facts and circumstances, danger to the community and severity of the disrepair. Should the permittee not make said correction within the time period allotted the City Engineer shall cause such repair to be completed at permittee’s sole cost and expense. v. Drip line. No facility shall be permitted to be installed in the drip line of any tree in the right-of-way unless the facility is to be collocated on an existing facility in the drip line. w. Insurance. The permittee shall obtain, pay for and maintain, in full force and effect until the facility approved by the permit is removed in its entirety from the public right-of-way, an insurance policy or policies meeting the City of Westminster’s insurance requirements for contractors to perform work with public right-of-way. x. Indemnification. Permittee shall defend, indemnify, protect and hold harmless the City, its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the City, and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers to attack, set aside, void or annul, an approval of the City, Planning Commission or City Council concerning this permit and the project. Such indemnification shall include damages of any type, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys’ fees andexpert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding. The City shall promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit the City from participating in a defense of any claim, action or proceeding. The City shall have the option of coordinating the defense, including, but not limited to, choosing counsel after consulting with permittee and at permittee’s expense. y. Hold harmless. Additionally, to the fullest extent permitted by law, the permittee, and every permittee and person in a shared permit, jointly and severally, shall defend, indemnify, protect and hold the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers harmless from and against all claims, suits, demands, actions, losses, liabilities, judgments, settlements, costs (including, but not limited to, attorney’s fees, interest and expert witness fees), or damages claimed by third parties against the City for any injury claim, and for property damage sustained by any person, arising out of, resulting from, or are in any way related to the wireless telecommunications facility, or to any work done by or use of the public right-of-way by the permittee, owner or operator of the wireless telecommunications facility, or their agents, excepting only liability arising out of the sole negligence or willfulmisconduct of the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers. z. Cabinet removal. Should the utility company servicing the facility with electrical service that does not require the use of an above ground meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation 90 days of such service being offered and reasonably restore the area to its prior condition. An extension may be granted if circumstances arise outside of the control of the permittee. aa. Relocation. The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to City, if and when made necessary by: (i) any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or above ground facilities, including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public agency; (ii) any abandonmentof any street, sidewalk or other public facility; (iii) any change of grade, alignment or width of any street, sidewalk or other public facility; or (iv) a determination by the City Planner that the wireless telecommunications facility has become incompatible with public health, safety or welfare or the public’s use of the public right-of-way. Such modification, removal, or relocation of the facility shall be completed within 90 days of notification by City unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a modified permit pursuant to the Code including applicable notice and hearing procedures. The permittee shall be entitled, on permittee’s election, toeither a pro rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in the Code allow. In the event the facility is not modified, removed, orrelocated within said period of time, City may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances including those of immediate or imminent threat to the public’s health and safety, the City may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter. bb. Conditions. Permittee shall agree in writing that the permittee is aware of, and agrees to abide by, all conditions of approval imposed by the wireless telecommunications facility permit within 30 days of permit issuance. The permit shall be void and of no force or effect unless such written consent is received by the City within said 30-day period. cc. Right-of-way agreement. Prior to the issuance of any encroachment permit, permittee shall be required to enter into a right-of-way agreement with the City in accordance with the City’s past practice.

5. Conditions of approval. In addition to compliance with the design and development standards outlined in this Section, all facilities shall be subject to the following conditions of approval (approval may be by operation of law), as well as any modification of these conditions or additional conditions of approval deemed necessary by the City Planner: As built drawings. The permittee shall submit an as built drawing within 90 days after installation of the facility. As-built drawings shall be in an electronic format acceptable to the City which can be linked to the City’s GIS. a. Contact information. The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the City. The permittee shall notify the City of any changes to the information submitted within 30 days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:
1 Identity, including the name, address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility. 2 The legal status of the owner of the wireless telecommunications facility. b. Assignment. The permittee shall notify the City in writing at least 90 days prior to any transfer or assignment of the permit. The written notice required in this Section must include: (i) the transferee’s legal name; (ii) the transferee’s full contact information, including a primary contact person, mailing address, telephone number and email address; and (iii) a statement signed by the transferee that the transferee shall accept all permit terms and conditions. The City Planner may require the transferor and/or the transferee to submit any materials or documentation necessary to determine that the proposed transfer complies with the existing permit and all its conditions of approval, if any. Such materials or documentation may include, but shall not be limited to: Federal, State and/or local approvals, licenses, certificates or franchise agreements; statements; photographs; site plans and/or as-built drawings; and/or an analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission. Noncompliance with the permit and all its conditions of approval, if any, or failure to submit the materials required by the City Planner shall be a cause for the City to revoke the applicable permits. c. The wireless telecommunications facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the City Planner for the purpose of: (i) protecting the public health, safety, and welfare; (ii) preventing interference with pedestrian and vehicular traffic; and/or (iii) preventing damage to the public right-of-way or any adjacent property. The City may modify the permit to reflect such conditions, changes or limitations by following the same notice and public hearing procedures as are applicable to the underlying permit for similarly located facilities, except the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the City by the permittee.

6. Findings. No discretionary permit shall be granted for a wireless telecommunications facility unless the approving party makes all of the following findings:
a. All notices required for the proposed installation have been given. 143
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26 b. The proposed facility would comply with all applicable laws. c. The applicant has provided sufficient evidence supporting the applicant’s claim that it has the right to enter the public right-of-way pursuant to State or Federal law, or the applicant has entered into an agreement with the City permitting the applicant to use the public right-of-way.
d. The applicant has demonstrated one of the following: (a) the design and location for the proposed installation will be minimally intrusive on the purposes of this Section 17.400.177; or (b) denial of the proposed facility would “effectively prohibit” thedeployment of wireless facilities in violation of Federal law.

Section 111.01 and 111.03
Add to Section 111.01
The off street parking facilities required by this title shall be located on the same lot or parcel of land as the use they are intended to serve, except that in cases of practical difficulty, the City Planner may approve substitute parking locations for ministerial projects which meet the following conditions:

A. All or part of the substitute location is within two hundred feet (200') of the principal use for which the parking is being provided; B. The substitute lot is in the same possession as the use it is intended to serve. Such possession may be by deed or long term lease, the terms of which meet the approval of the city.

C. The off street parking facilities required by this title shall be located on the same lot or parcel of land as the residential unit they are intended to serve.

D. Parking spaces shall not be located in any required front yard, except in legal nonconforming lots where garages or carports may be located in the front yard when approved by the planning commission. E. Not more than three (3) carports or garages on any one lot shall have their entryway facing the street.

For discretionary projects, the planning commission may approve substitute parking locations for ministerial projects which meet the above conditions, or recommend approval to the city council for projects requiring council approval. Add to Section 111.03 Secondary driveways in residential zones:
a. a. Driveways shall only be supported if lead to a garage, carport, or side yard area, and setback requirements are being met.

No more than two driveway approaches per lot shall be permitted Secondary driveways in residential zones: a. Shall be permitted only on R1-Single Family Residential b. Driveways shall only be supported if lead to a garage, carport, or side yard area, and setback requirements are being met. c. No more than two driveway approaches per lot shall be permitted d. Approved driveways shall be constructed of impervious surface, such as concrete, asphalt, and pavers. Loose material such as gravel or decomposed granite, or similar material is prohibited for parking. e. Shall be permitted on corner lots or lots with more than one hundred (100) feet of street frontage The Planning Director with approval by the city engineer may approve a secondary driveway that is less than one hundred (100) feet, but in no case less than eighty-five (85) feet, that is not located on a corner lot and that not substantially reduce on-street parking and meets all of the following:  The second driveway must be at least ____feet from the back of the curb return and at least ____feet from the first driveway. Confer with Public Works/Engineering for appropriate distances  The driveway must be setback at least ____feet from any driveway on an adjacent property.  The driveway must be setback at least____feet from a public utility.  The driveway shall be setback at least ___feet away from an easement. Construction of a second driveway requires the issuance of an encroachment permit to be reviewed and approved by the Public Works City Engineer. Planning submittal requirements include a zoning application to be reviewed and approved by the Planning Division prior of receiving encroachment permit approvals.  Submittal requirements shall include a drawing or sketch (8 ½ by 11 min- 11/ 17 max) to scale including, the locating and width of existing, proposed, and adjacent property driveways within 15-feet beyond the subject property, location of trees, street signs, light poles, fire hydrants, and any other existing facilities/ structures, property lines, easements.  Submittal shall include dimensions showing the distance between adjacent driveways, property lines, length of the proposed driveway, width of the proposed driveway, proposed material, dimensions showing the existing and proposed landscaped/hardscape areas in the front yard and percentages.

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Item 4.
27 Section 111.04. Sec. 111.04. Parking requirements. It is the intent of this section to require off-street parking and loading spaces on each parcel for all land uses within the city. These spaces should be sufficient in number to accommodate the vehicles of residents, employees, customers and clients. The overall intent of this section is to reduce on-street parking, traffic congestion and to improve pedestrian safety within the city.

At the time a business or residential activity is established, or a building is erected or enlarged, or there is a change of use at the subject location, sufficient vehicle off-street parking spaces shall be provided. Accessible off-street parking areas shall be provided and maintained for each land use or activity in accordance with the schedule set out in this part. (Ord. No. 427-AC) Sec. 111.04.01. Parking spaces required--Residential.

Type of Residential Use Off-Street/On-Street Parking Stalls Required Single and two-family dwellings Parking is not required for residential uses within one-half mile of public transit.

In all other cases: Two (2) stalls per dwelling unit, one (1) of which shall be a covered carport or garage. Residential uses may utilize every 22 feet of useable lot frontage (excluding driveway entrances) along local roads conforming to the City’s standards as counting toward one (1) stall of required parking.

Accessory dwelling units Parking is not required for residential uses within one-half mile of public transit.

In all other cases: One (1) new parking space shall be provided for each accessory dwelling unit on a lot.

The new parking space(s) shall be located on the same lot where the accessory dwelling unit is located, shall not be on the street, and shall be in addition to all existing parking spaces on the lot. Except in the following circumstances:
 The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in Government Code Section 65852.2(j), as may be amended.  The accessory dwelling unit is located within an architecturally and historically significant historic district.
 The accessory dwelling unit is located entirely within the proposed or existing primary residence or an accessory structure.
 When there is a car share vehicle located within one block of the accessory dwelling unit.

Residential uses may utilize every 22 feet of useable lot frontage (excluding driveway entrances) along local roads conforming to the City’s standards as counting toward one (1) stall of required parking.

Multiple Family Parking is not required for residential uses within one-half mile of public transit. However, this provision shall not reduce, eliminate, or preclude the enforcement of any state or local requirement imposed on a new multifamily residential development that is located within one-half mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the multifamily residential development. In all other cases: One and one-half (1 ½) stalls per efficiency dwelling unit, one and one half (1 ½) stalls per dwelling unit, or two (2) stalls for each unit having three (3) or more bedrooms, plus one (1) stall for every four (4) units for guests. One (1) stall for each unit shall be covered with a garage or carport. Residential uses may utilize every 22 feet of useable lot frontage (excluding driveway entrances) along local roads conforming to the City’s standards as counting toward one (1) stall of required parking.

Rooming houses, residence clubs, fraternity and sorority houses One (1) stall for every bedroom plus an additional four (4) stalls. 145
Item 4.
28 *Tandem parking shall be permissible in the Residential Uses **EV charging station requirements shall be compliant with the most current California Green Building Code, Title 24.

Sec. 111.04.03. Parking spaces required—Institutional.

Type of Institutional Use Off-Street Parking Stalls Required Hospitals One (1) stall for each three (3) beds, plus one (1) stall per staff doctor, plus one (1) stall for each three (3) employees.

Convalescent homes, nursing homes and sanitariums One (1) stall per staff or visiting doctor, plus one (1) stall per two (2) employees, plus one (1) stall for every four (4) beds.

Orphanages One (1) stall for every three (3) employees plus one (1) stall for every ten (10) beds
Day care and nursery schools One (1) stall for each employee, plus an additional two (2) stalls, plus one (1) loading/drop off space for every five (5) children
Assembly Uses One (1) stall for every four (4) seats or seven (7) linear feet of bench Public, parochial and private elementary schools One (1) stall for each employee, plus one (1) stall for every four (4) auditorium seats. Plus a bus loading area is required
Public, parochial and private high schools One (1) stall for each employee, plus one (1) stall for each ten (10) students or one (1) stall for each four (4) auditorium seats, whichever is greater. Plus a bus loading area is required.

Colleges, art, craft, music and dancing schools and business, One (1) stall for each employee, plus one (1) space for each four (4) professional and trade schools students or one (1) stall for each four (4) auditorium seats, whichever is greater.

Sec. 111.04.05. Parking spaces required--Retail/commercial.

Type of Retail/Commercial Use Off-Street Parking Requirements General retail sales, repair and services One (1) stall per two hundred fifty (250) square feet of gross floor area Uncovered general retail sales, repair and services One (1) stall per two hundred fifty (250) square feet of gross sales area Retail sales of large appliances, furniture or other similar bulky merchandise One (1) stall per four hundred (400) square feet of gross floor area Restaurants, bars, taverns, lunch rooms, night clubs and cocktail lounges One (1) stall for every three (3) seats or one hundred (100) square feet of gross floor area devoted to dining, whichever is greater. Plus one (1) stall for each shift employee Restaurants and other retail establishments with walk-up or drive-up windows and roadside stands One (1) stall for every three (3) seats or one hundred (100) square feet of gross floor area, whichever is greater. Plus one (1) stall for each shift employee, plus eight (8) stalls for each exterior service window Barber and beauty shops One (1) stall per one hundred (100) square feet of gross floor area Uncovered retail sales area for landscaping nurseries, vehicles and construction materials One (1) stall for each four thousand (4,000) square feet of gross display area.

Plus four (4) additional stalls, or one (1) stall per employee, whichever is greater Service stations and vehicle repair garages One (1) stall per four hundred (400) square feet of gross floor area. Plus three (3) additional stalls, or one (1) stall per employee (service bays shall not be counted as part of the required parking) Hotels and motels One (1) stall for each guest room, plus four (4) additional stalls, plus one (1) stall for each shift employee
Bus stations, train depots and other transportation depots One (1) stall for each employee, plus user parking as determined by the city planner
146
Item 4.
29 Sec. 111.04.07. General off-street parking requirements.

The parking requirements previously listed are minimum. The planning commission may require additional stalls and off-street parking areas deemed necessary to reduce off-street parking congestion, and improve traffic and pedestrian safety within the city.

Sec. 111.04.08 Calculations of fractions of parking stalls. If the calculation for required off-street parking results in a fraction of one-half (1/2) or more of a parking stall, then one (1) parking stall shall be provided. No parking stall is required for fractions of less than one-half (1/2) of a stall. (Ord. No. 427-AC) Sec. 111.04.09. Parking ratios for a combination of entities. Where there is a combination of uses or entities for any-one (1) facility on a parcel, the total required off=street parking shall be the sum of the required parking spaces for each use or entity. The parking provided for one (1) use may not be used to satisfy the parking requirements for another use on the same site, unless all the following conditions are met:
(a) Structures on the site clearly can be used only during limited time periods. (b) The uses occur during completely difference periods of time. (c) The city planner determines there will be no conflicts or safety hazards between the proposed uses. (d) A conditional use permit is obtained. (Ord. No. 427-AC) Sec. 111.04.10. Other parking uses. The parking ratio shall be determined by the city planner for uses that are not specifically included or are not closely related to other uses included in the parking space requirement schedule. (Ord. No. 427-AC)  The city planner may require additional information, such as a parking analysis, a queuing analysis, a noise analysis, or other relatable information in order to analyze the proposed parking.

Sec. 111.04.11. Other commercial uses. Proposed commercial buildings without uses specified and confirmed (by lease or other legal agreement) shall provide one (1) parking space for every, two hundred fifty (250) square feet of gross floor area.

Determining Parking Ratio by Employee Shift. The required minimum number of parking spaces for uses having a parking ratio based upon the number of employees, shall be determined by the employment shift with the greatest number of employees. (Ord. No. 427-AC)
 Discretionary Approved projects shall include conditions of approval to prevent project modifications that trigger parking changes such as increasing building square footage, and operational changes such as increasing the number of employees.

Sec. 111.04.12. Combined parking for separate lots. Every use shall provide the required parking on the same parcel except:
(a) The owners of adjoining properties may provide parking space in common if said parking area is secured by easement or other sufficient legal document, and provided the total number of parking spaces is equal to the required sum for each individual use or entity.
 Shared easement agreements shall run with the land and shall be reviewed by the City Staff and City Attorney prior to recordation.  The easement review and recording fees shall be borne by the applicant. (b) (b) Any use located within a parking assessment district formed under the provisions of this Code need not provide the required parking as specified in this part. (Ord. No. 427-AC) *** Bicycle Parking requirements to be established as Section 111.05 (see Excel table for other cities samples) 1. Minimum Bicycle Parking Requirements. Long-term bicycle parking shall be provided in secure, weather protected facilities for multi-family building residents who need bicycle parking for several hours or longer. Short-term bicycle parking shall be located in publicly accessible, highly visible locations that serve the main entrance of a multi-family building. Short-term bicycle parking shall be visible to bicyclists on the street and is intended for visitors. Amounts of required long-term and short-term bicycle parking shall be provided as follows:
a. Long term Requirement. Multi-family buildings with 5 or more units, shall provide one (1) space per unit. i. In-unit allowance standards. For sites with 20 or fewer units, up to 100% of bicycle parking spaces are permitted to be in dwelling units. ii. For sites with more than twenty (20) units, up to 20% of bicycle parking are permitted in dwelling units. iii. Elderly or disabled multi-family uses shall provide 1 bicycle parking space per 10 units. b. Long Term Additional Requirements. Multi-family buildings with more than twenty (20) units, shall include:
i. Cargo or long tail bicycle parking. A minimum of five ( 5) percent of bicycle spaces shall be provided for larger bicycles. ii. Electrical bicycle charging. A minimum of five (5) percent of spaces shall have access to electrical outlets. c. Short Term Requirement. Multi-family buildings with more than twenty (20) units shall provide a minimum of one (1) space per twenty units.

2. Uniform Standards for All Bicycle Parking. Where long-term and short-term bicycle parking must be provided in lockers or racks, the following standards shall be met:
a. Bicycle parking area. The area devoted to bicycle parking must be hard surfaced. b. Bicycle Racks. Racks must be designed so that the bicycle frame and one wheel can be locked to a rigid portion of the rack with a U-shaped shackle lock when both wheels are left on the bicycle. c. Bicycle Parking Space, Maneuvering Area, and Clearance Dimensions. Bicycle parking spaces, aisles and clearances must meet the minimum dimensions of the following:
i. Standard Bicycle Parking Spaces Requirements. The standard required bicycle space is two (2) feet in width, six (6) feet in length and three (3) feet four (4) inches in height. There must be at least five (5) feet behind all bicycle parking spaces to allow room for bicycle maneuvering. Where short-term bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way; A wall clearance of two (2) feet six (6) inches must be provided. A minimum of one (1) foot five (5) inches shall be provided between spaces. ii. Vertical Bicycle Parking Spaces Requirements. Vertical bicycle parking secures the parked bicycle perpendicular to the ground is permitted as an alternative to standard spaces. The vertical required bicycle space shall be two (2) feet in width, six (6) feet in height and two (2) feet in depth. There must be at least 5 feet behind all bicycle parking spaces to allow room for bicycle maneuvering. A minimum of one (1) foot five (5) inches shall be provided between spaces. iii. Stacked Bicycle Parking Spaces Requirements. Stacked bicycle parking are racks that are stacked, one tier on top of another are permitted as an alternative to standard spaces. Bicycles shall be horizontal when in the final stored position. The rack must include a mechanically-assisted lifting mechanism to mount the bicycle on the top tier. There must be at least 5 feet behind all bicycle parking spaces to allow room for bicycle maneuvering. A minimum of one (1) foot five (5) inches shall be provided between spaces. iv. Larger Cargo or Long Tail Bicycle Parking Spaces Requirements. These standard space dimensions shall be ten (10) feet in depth by three (3) feet in width by three (3) feet four (4) inches in height. At least 5’ feet behind the pace shall be provided for maneuvering. A minimum of one (1) foot five (5) inches shall be provided between spaces. d. Bicycle Lockers. Bicycle lockers that are fully enclosed and secured are permitted. The locker must be anchored to the ground, and an aisle a minimum width of five (5) feet in width behind all bicycle lockers to allow room for bicycle maneuvering shall be Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.32" + Indent at: 0.57" 147
Item 4.
30 provided. The locker space shall have a minimum depth of 6 feet and an access door that is a minimum of 2 feet in width. i. One (1) bicycle locker with one hundred and twenty (120) volt ac power per four (4) units and one (1) bicycle rack parking per every four (4) dwelling units no more than one hundred (100) feet from furthest unit served

3. Standards for Long-Term Bicycle Parking. Long-term bicycle parking must be provided in lockers or racks that meet the following standards:
a. Security Standards. Long-term bicycle parking must be provided in one or more of the following:
i. A restricted access, lockable room or enclosure, designated exclusively for bicycle parking. ii. A bicycle locker. iii. In a residential dwelling unit. b. In-unit Parking Standards. Long-term bicycle parking spaces may be provided in a dwelling unit if following conditions are met:
i. The residential unit shall include a dedicated bicycle parking area that meets the standard bicycle parking spacing dimensions above. ii. For buildings with no elevators, long-term in-unit bicycle parking shall be permitted only for first floor units. ii. Balconies, terraces, or patios are prohibited for in-unit parking. iv. Signage Standard. If bicycle parking is not visible from the public realm, a sign must be permanently posted at the main building or site entrance indicating the location of the bicycle parking.

4. Standards for Short-term Bicycle Parking. Short-term bicycle parking must meet the following standards:
a. Location. Bicycle parking must be on-site, outside the building, at the same grade as the sidewalk or at a location that can be reached by an accessible route. b. Main Entrance Proximity. The bicycle parking must be within 50 feet of the main entrance to the building as measured along the most direct pedestrian access route.

Section 112.01. Sec. 112.01. Home occupations. (a) Purpose. The purpose of this section is to eliminate the detrimental effects of occupational activities in residential areas by setting forth reasonable and necessary limitations on such activities. (b) Uses Permitted. No home occupation shall be conducted which, in order to be successfully operated, would necessitate exceeding the limitations set forth in this section or any other provision of this part. (c) Limitations. (1) Any sales activity shall be conducted only by mail or telephone. There shall be no direct sales of products or merchandise from the home, except for cottage food operations, or produce (fruit or vegetables) grown on the property. (2) The individual responsible for the home occupation shall live in the dwelling. (3) The space occupied by home occupations shall be limited to one (1) room in a dwelling unit or no more than twenty-five percent of the total square footage of the dwelling, whichever is less. Use of the garage for the home occupation may be permitted if such use does not obstruct required parking. The number of employees permitted by the home occupation shall be no more than one employee per 150 square feet of business space utilized by the home occupation, including the individual living in the dwelling. (4) There shall be no interior or exterior remodeling or change in appearance of a dwelling in order to accommodate a home occupation.

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Item 4.
31 (5) There shall be no signs, such as public advertising of the business address or other structures except those permitted for a dwelling use in the zone. (6) Materials and equipment used in a home occupation shall be only of a type normally used in connection with household activities or hobbies. (7) Employment in a home occupation shall be limited to members of the resident family. (8) There shall be no transportation by commercial vehicle of materials or other items used in or produced by the home occupation, except for those commercial vehicles intended for residential use. (9) No significant vehicular or pedestrian traffic shall be generated by the home occupation. (10) A home occupation shall not place any added burden or demand on utility services or community facilities. (11) A home occupation shall not present any external evidence of nonresidential activity such as by appearance, noise, traffic, vibrations, odors, or lighting.(12) No accessory building or space outside of the main building shall be used for the home occupation. No outdoor storage, including the storage or parking of vehicles associated with the use, shall be permitted. (13) Written authorization from the legal property owner approving use of the dwelling for the Home Occupation must be submitted with the application. (b) (d) If the above conditions are maintained, home occupations are permitted in any dwelling through a business license.

Prohibited Home Occupation Uses include, beauty shops, massage parlors, private clubs, dance studios, repair or construction of motor vehicles and appliances, machine shops, and cabinet shops. (c) Limitations.

Any sales activity shall be conducted only by mail or telephone. There shall be no direct sales of products or merchandise from the home, except for produce (fruit or vegetables) grown on the property. The space occupied by home occupations shall be limited to one (1) room in a dwelling unit or no more than ten percent of the total square footage of the dwelling; whichever is less. Use of the garage for the home occupation may be permitted if such use does not obstruct required parking. There shall be no interior or exterior remodeling or change in appearance of a dwelling in order to accommodate a home occupation. There shall be no signs, such as public advertising of the business address or other structures except those permitted for a dwelling use in the zone. Materials and equipment used in a home occupation shall be only of a type normally used in connection with household activities or hobbies. The individual responsible for the home occupation shall live in the dwelling. Employment in a home occupation shall be limited to members of the resident family. There shall be no transportation by commercial vehicle of materials or other items used in or produced by the home occupation. No significant vehicular or pedestrian traffic shall be generated by the home occupation. However, incidental uses such as music lessons, tutoring, and the sale of produce may be permitted if the intensity of such use is approved by the Planning Director. A home occupation shall not place any added burden or demand on utility services or community facilities. A home occupation shall not present any external evidence of nonresidential activity such as by appearance, noise, traffic, vibrations, odors, or lighting. No accessory building or space outside of the main building shall be used for the home occupation. No outdoor storage, including the storage or parking of vehicles associated with the use, shall be permitted. Written authorization from the legal property owner approving use of the dwelling for the Home Occupation must be submitted with the application. If the above conditions are maintained, home occupations are permitted in any dwelling through a business license. Prohibited Home Occupation Uses include, beauty shops, massage parlors, private clubs, dance studios, repair or construction of motor vehicles and appliances, machine shops, and cabinet shops.

Section 112.06.
c. (b)(3) Minimum site design and development Standards. An emergency shelter is subject to all property development standards of the zoning district in which it is located except as modified by the following standards: (a) The maximum number of beds or persons to be served nightly by an emergency shelter shall be thirty-four (34). (b) Off-street parking shall include one (1) vehicle parking space per three (3) beds and one (1) space per employee on the largest shift. A covered and secure area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of eight (8) bike parking spaces.

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Item 4.
32 Section 112.06.

Add text to Section 112: Sec. 112.06. Emergency Shelters and Supportive and Transitional Housing, Elderly, Disabled, and Adult Care Facilities. (a) Definitions. Emergency shelter: means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (as defined by California Health and Safety Code Section 50801(e)). Supportive housing: means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (as defined by Government Code Section 65582) Supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

Target population: means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people (as defined by Government Code Section 65582). Transitional housing: means a building or buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance (as defined by Section 50675.2 of the Health and Safety Code). Transitional housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Transitional housing does not include state licensed residential care facilities.

Elderly housing: means housing intended for and only occupied by persons 62 years of age or older.

Disabled housing: means a range of housing types that address the diverse needs and preferences of persons with disabilities. Adult Care Facilities: means facilities that provide housing and care for adults, who have physical or mental limitations that restrict their ability to live independently. They offer assistance with personal care, social and recreational activities, and training in self-help skills.

Section 112.07
Section 112.07 Employee Housing A. Qualified employee housing providing accommodations for six or fewer employees, pursuant to Health and Safety Code Section 17021.5(b), shall be deemed a single-family dwelling and is allowed in residential zones. Qualified employee housing is subject to all Municipal Codes, regulations and other standards generally applicable to other residential dwellings of the same type in the same zone.

B. Qualified employee housing providing accommodations for seven or more employees and consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household, pursuant to Health and Safety Code Section 17021.6(b), shall be deemed an agricultural land use and is allowed in such zones for agricultural use or an equivalent agricultural zone within a City approved Sectional Planning Area plan or Specific Plan. Qualified employee housing is subject to all Municipal Codes, regulations and other standards generally applicable to other agricultural activity in the same zone.

Section 98.00 Section 115.01
Zone Lot Area (SQ Feet) Street Frontage (feet) Easement Frontage (feet) Lot Width (feet) Lot Depth (feet) R-1 7,500 40 60 R-2 3,000 50 100 50 R-3 1,450 50 100 50 CRR 1,000 50 Or 50 100 C-1 3,000 50 50 60 C-2 5,000 50 50 50 C-3 6,000 50 75 75 M-1 10,000 100 100 100 M-2 25,000 150 150 150 OS ---- ---- ---- ---- ----P ---- ---- ---- ---- ---- Formatted: Indent: Left: 0.07"
150
Item 4.
33 115.01 Nonconforming lots
(a) Determination Of Nonconforming Status: A nonconforming lot of record that does not comply with the current access, area, or dimensional requirements of this title for the zoning district in which it is located, shall be considered to be a legal building site if it meets one of the criteria specified by this section. The applicant shall be responsible for providing sufficient evidence to establish the applicability of one or more of the following to the satisfaction of the Development Services City Planner or their designee. 1. Approved Subdivision: The lot was created through a subdivision approved by the City or the County, before incorporation. 2. Individual Lot Legally Created By Deed: The lot is under one ownership and record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the lot nonconforming or before the City adopted regulations requiring a Parcel Map for minor subdivisions. 3. Variance Or Lot Line Adjustment: The lot was approved through the variance procedure or its current configuration resulted from a lot line adjustment. 4. Partial Government Acquisition: The lot was created in conformity with the provisions of this title, but was made nonconforming when a portion of the lot was acquired by a governmental entity. (b) When a nonconforming lot can be used in conformity with all the regulations applicable to the intended use, except that the lot is smaller than the required minimums, then the lot may be used as proposed just as if it were conforming. However, no use (e.g., a two-family residence) that requires a greater lot size than the established minimum lot size for a particular zone is permissible on a nonconforming lot. (c) When the use proposed for a nonconforming lot is one that is conforming in all other respects, but the applicable setback requirements cannot reasonably be complied with, then the entity authorized by this part to issue a permit for the proposed use (the city planner, planning commission, or council) may allow deviations from the applicable setback requirements if it finds that:
(1) The property cannot reasonably be developed for the use proposed without such deviations; (2) These deviations are necessitated by the size or shape of the nonconforming lot; and (3) The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety. (d) For purposes of subsection (c) of this section, compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible. (e) This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures upon it. A change in use of a developed nonconforming lot may be accomplished. (f) Subject to the following sentence, if, on the date this section becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provisions of this section. (g) This subsection shall not apply to a nonconforming lot if a majority of the developed lots located on either side of the street, where such lot is located and within five hundred (500) feet of such lot, are also nonconforming. The intent of this subsection is to require nonconforming lots under the circumstances specified herein, but not to require such combination when that would be out of character with the way the neighborhood has previously been developed. (h) Further Subdivision Prohibited: Where structures have been erected on a nonconforming lot, the area where the structures are located shall not be later subdivided, nor shall lot lines be altered through lot line adjustment, so as to reduce the building site area or frontage below the requirements of the applicable zoning district or other applicable provisions of this title, or in any way that makes the use of the lot more nonconforming. (i) Parking. The City shall not require additional parking stalls for residential uses proposed on nonconforming lots. 151
Item 4.
34 CUP application and future project resolutions.

At present, all development standards appear to be objective. Standards that are not strictly objective are highlighted below: CUP findings (from application):
• Does the proposal conform to the intent and purpose of the General Plan, zoning regulations and policies for protecting the physical and human environment of the neighborhood and community; • The design of the improvements must be in harmony with the neighborhood and community objectives; • If the proposal is approved, conditions of approval may be imposed with respect to site design, building design, maintenance, improvements or operation of the use.

CUP findings (from project resolution):

A. That the requested permit is within its jurisdiction according to the table of permissible uses.

B. The Application is Complete C. The development is in general conformity with the Needles General Plan. D. The development is in harmony with the area in which it is located.

E. The development will not materially endanger the public health or safety.

The development will not substantially injure the value of adjoining or abutting properties.

Sec 19-4. Sec 19-8
ADD TO SECTION 19-4: DEPARTMENT REVIEW:
(d) The tentative map application shall be filed with the department. The application shall be determined by the department to be complete only when the form and contents of the tentative map conform to the requirements of this chapter and when all accompanying data and reports, as required by this chapter, and all fees and/or deposits as required, have been submitted and accepted by the department. The subdivider shall file with the department the number of tentative maps the community development City Planner may deem necessary. The department shall forward copies of the tentative map to the affected public agencies and utilities which may, in turn, forward to the department their findings and recommendations. (e) Prior to the consideration by the planning commission of a tentative map, and within ten days following its filing, the city manager shall make a report, in writing, to the planning commission as to any recommendations in connection with the tentative map and its bearing on particular functions.

ADD TO SECTION 19-8: APPROVAL BY PLANNING COMMSISSION
A. Notice Of Public Hearings: Upon receipt of a complete tentative map application, the department shall prepare a report with recommendations. The department shall set the matter for public hearing before the planning commission. A copy of the department report shall be forwarded to the subdivider at least three (3) days prior to the public hearing. At least ten (10) calendar days before the public hearing, a notice shall be given of the time, date and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved. The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city. In addition to notice by publication, the department shall give notice of the hearing by mail or delivery to the subdivider, the owner of the subject real property, if different from the subdivider, and to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet (300') of the property which is the subject to the proposed application. The department shall also give notice of the hearing by mail or delivery to each agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the subdivision, whose ability to provide those facilities and services may be significantly affected. A proposed conversion of residential real property to a condominium, community apartment or stock cooperative project shall be noticed in accordance with section 66451.3 of the subdivision map act. In the event that the proposed application has been submitted by a person other than the property owner shown on the last equalized assessment roll, the city shall also give notice by mail or delivery to the owner of the property as shown on the last equalized assessment roll. In addition, notice shall be given by mail or personal delivery to any person who has filed a written request with the city. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The department may give such other notice that it deems necessary or advisable. Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in this title. B. Action: The planning commission shall make its recommendation to the city council, or shall approve, conditionally approve or deny the tentative map if the planning commission is the approving body, and the department shall report the decision of theplanning commission to the city council and the subdivider within fifty (50) days after the tentative map application has been determined to be complete. If the approving body is the city council, the city council shall approve, conditionally approve, or disapprove the tentative map within thirty (30) days after it receives the recommendation of the planning commission. In reaching a decision upon the tentative map, the approving body shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources. C. Approval: The tentative map may be approved or conditionally approved by the approving body if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plan, and all applicable provisions of this code. The approving body may require as a condition of its approval that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance. The approving body may modify or delete any of the conditions of approval recommended in the department's report. The approving body may add additional requirements as a condition of its approval. 152
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35 If no action is taken by the approving body within the time limits specified in this section, the tentative map, as filed, shall be deemed to be approved if it complies with all other applicable provisions of the subdivision map act, this title, this code, and the general plan.

D. Denial: The tentative map may be denied by the planning commission on any of the grounds provided by the subdivision map act or this code. The planning commission shall deny approval of the tentative map if it makes any of the following findings:

1. That the proposed map is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this code;

2. That the site is not physically suitable for the type of development; 3. That the site is not physically suitable for the proposed density of development; 4. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the planning commission may approve such a tentative map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to section 21081(c) of CEQA that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report; 6. That 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. In this connection, the planning commission may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the planning commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or

7. Subject to section 66474.4 of the subdivision map act, that the land is subject to a contract entered into pursuant to the California land conservation act of 1965 (commencing with section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use. 153
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Attachment A City
of Needles
List of Changes
Memorandum
154
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July 21, 2023
Patrick Martinez
City of Needles
817 Third Street
Needles, CA 92363
SUBJECT: Development Standards Update Amendment Tracker Mr. Martinez,
Please see the following amendment tracker of development standard updates identified in the City’s 6th Cycle Housing Element as well as specific items requested by the City for amendment. These updates have been taken from the Housing Element’s policies and programs, as well as the governmental constraints section of the Housing Element. A sample land use matrix has also been included for the City’s review that incorporates required changes based upon Housing Element programs and updates to State law.

As part of the development standards update, Michael Baker International has also created an amendment tracker that lists each proposed change, key information and considerations, the City’s existing text, and proposed changes to the text.

It is our understanding that Michael Baker will incorporate these changes once an edited and formatted version of the City Code has been prepared and a “wish list” of key provisions the City would like to update has been provided.

1. Overarching Changes
In general, it is Michael Baker’s understanding that the City would like to make specific updates its zoning code and development standards to promote development—both commercial and residential. The R-2 and R-3 zones especially should be updated to make more lots usable/functional (Refer to Section 4: Governmental Constraints). The City would also like to streamline as many of its processes as possible. Ultimately, most residential projects have been requested to be processed ministerially.

2. City’s “Wish List” of Key Changes
Walls/Fences Undergo a substantial revision of those sections of the code that deal with walls and fencing. Ensure that the zoning code matches the building code and include provisions about fence heights between different uses and fencing in the front yard areas.

Parking Include more clarification within the zoning code regarding parking standards.

Specifically, include more language on where cars are allowed to park on a property, as well as standards for how much of a property can be paved. (Refer to Section 4:

Governmental Constraints)
Tract Maps Create a standardized process for Tract Map entitlement and establish objective findings.

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Solar Revise solar requirements according to State law. The City, as a utility provider, wants to know what local jurisdictions are allowed to regulate when it comes to rooftop solar.

Cell Towers Revise and include additional standards based on height, design and siting.

Potentially include camouflage provisions. Much of the regulations are governed by the Federal government.

HOP Remove the zoning permit requirement for home occupancy uses.

Metal Containers Allow metal storage containers to be used as building materials for other types of structures (not just accessory buildings).

Pools There are known issues with pools in the current code. Make pool provisions clearer.

Procedural Streamlining Add a section of the code that deals with the procedure of how a development permit is reviewed by project type.

Land Use Matrix Changes
• Add provisions regarding EV Charging. Add another line within the land use matrix to differentiate between fuel stations and EV charging stations.
• Remove Agricultural Operations from the R-1 zone (found in Section 14.10). • Make as many residential projects ministerial as possible. • Remove horse keeping from the R-1 zone.

3. Housing Element Programs
A-4 Rezone the downtown area to allow for mixed uses and taller buildings. Permit mixed uses both horizontally and vertically.

A-5 Amend the zoning ordinance to establish minimum densities to ensure that parcels are developed close to their maximum densities (at 75%) to prevent substantial net loss of any residential units and encourage higher density/more affordable building typologies.

A-6 Conduct an inclusionary zoning feasibility study to identify appropriate inclusionary requirements that will not constrain housing production. Develop and amend the zoning ordinance to establish inclusionary housing requirements so that new developments reserve up to 15 percent of the total units for lower- and moderate-income households.

B-2 Amend the zoning ordinance to update density bonuses to meet current state requirements (AB 2345, SB 1763, SB 1227).

B-3 Pursuant to SB 330, review and amend the zoning ordinance and Design Review Board handbooks to ensure development standards, design guidelines, and findings are objective and promote certainty in the planning and approval processes.

B-4 Study and revise development standards in multifamily districts to facilitate the development of properties at their maximum densities. Specifically amend:

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• Minimum parking standards
• Height limits
• Lot coverage (elderly and disabled housing)
• ADA unit location requirements (elderly and disabled housing) B-5 Amend the zoning ordinance to revise the minimum required unit area for multifamily units. Ensure that provisions for efficiency units are consistent with AB 352 (2017).

B-6 Amend the zoning ordinance to address multiple changes to state law regarding ADUs (including AB 587, AB 671, AB 68, and SB 13). Monitor state law on an annual basis and revise the zoning ordinance as appropriate.

B-7 Create and make available to the public a set of preapproved plans for ADUs to facilitate production and ADUs available to lower-income households by reducing costs to applicants.

B-13 Maintain a mixture of residential land use designations and development regulations that accommodate various building types and styles, including but not limited to small-lot, single-family homes; tiny homes; detached condominiums; townhomes; duplex/triplex/multiplex; courtyard apartments; bungalow courts; live/work units; mixed-use projects; moveable tiny homes; 3D printed homes; and new prefab housing types that meet state and local building code standards. Continue to explore innovative building types and housing options that can be implemented through the City’s zoning ordinance by reviewing development designators (such as Permitted, Conditionally Permitted, etc.) and designations and amend as appropriate.

E-2 Allow housing for the elderly, disabled, and developmentally disabled with reduced and flexible development standards. Amend the zoning ordinance to allow licensed adult care facilities by right.

Review CUP standards for residential care facilities to ensure that the standards are objective and focused on protecting the health, safety, and welfare of the residents of these facilities.

E-3 Review the City zoning code to determine whether updates are needed to comply with the state Employee Housing Act (Health and Safety Code Sections 17021.5 and 17021.6). The act calls for the zoning ordinance to treat employee housing (including farmworker housing) that serves six or fewer persons as a single-family structure and permitted in the same manner as other single-family structures of the same type in the same zone (Section 17021.5). The zoning ordinance must also treat employee housing consisting of no more than 12 units or 36 beds as an agricultural use and permitted in the same manner as other agricultural uses in the same zone (Section 17021.6) in zones where agricultural uses are permitted.

E-4 Amend the zoning ordinance to modify the parking requirements for emergency shelters to ensure that they are only based on the number of staff. Amend the emergency shelters code to ensure that shelters are not subject to standards that do not apply to other uses in the same zone, including but not limited to a 500-foot residential buffer.

E-5 Pursuant to SB 48, amend the zoning ordinance to establish provisions for low-barrier navigation centers. Allow centers that meet specific objective requirements by-right in areas zoned for mixed uses.

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E-6 Pursuant to AB 2162 and AB 2988, supportive housing meeting certain criteria must be permitted byright where residential uses are permitted, including mixed-use and nonresidential zones. Review AB 2162 and amend zoning ordinance to ensure compliance.

E-7 Update zoning code to expressly permit the development of residential care facilities (6 or fewer residents) in residential zones. Adopt objective standards for residential care homes with 7 or more individuals in residential zones consistent with occupancy standards. Initiate and complete a process in 2023 to amend the Zoning Ordinance to allow group homes for seven or more in all residential zones.
a. Governmental Constraints

NON-CONFORMING LOTS
In the central part of town, which was the original town of Needles, many lots are now of insufficient size to meet the requirements for the building of a residential structure. The City does permit those older homes to be remodeled or refurbished and will encourage new structures to replace the existing structures for residential use in a mixed-use zone, provided the City’s parking standards can be met. Since the lots are mostly too small to allow desired parking and garages, until two lots are available side by side (for parcel merging), developers and homebuilders are generally not interested in new construction in this part of town.

PARKING
The City’s parking requirements are based on unit type and size. As shown in Table 38, parking requirements are typically two spaces per single-family residential unit. Multifamily residential units have a reduced requirement based on the size of unit, but generally average two spaces per unit after accounting for guest parking. Reductions in the number of parking spaces are enacted for uses that serve tenants with low vehicleownership rates, rooming homes, residence clubs, and fraternity and sorority houses.

MIXED-USE DEVELOPMENT
The City allows mixed-use development via the CRR zone in several areas of Needles. As identified in the City of Needles zoning code, the intent of the CRR zone is to provide for a variety of uses along the Colorado River, including apartments, hotels, motels, restaurants, boat clubs, marinas, specialty and gift shops, convenience services, and goods and supplies for boat owners, water skiers, scuba divers, and the visiting public using marina and aquatic recreational facilities. Depending on the nature of the developments, this zone can support a full range of residential and commercial densities as appropriate per the zoning code. This zone allows sufficient diversity of land use types while avoiding the dangers of overcrowding and a haphazard mixing of land uses and providing new employment and housing opportunities for residents. Program A-4 is included to rezone the downtown for mixed-use development.

ACCESSORY DWELLING UNITS
Accessory dwelling units are permitted in all residential zones. An accessory dwelling unit must meet specified development standards consistent with Government Code Section 65852.2. They may be either attached to the primary dwelling or separate from the primary dwelling. A manufactured or modular unit placed on a permanent foundation may also be used as an accessory unit. Accessory dwelling units may be rented A 4
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separately unless the primary dwelling is rented, and the sale of an accessory dwelling unit separate from the primary unit is prohibited. The City processed a zoning code amendment to comply with recent changes to Government Code Section 65852.2 in July 2019. The City will amend its zoning ordinance to ensure compliance with state law regarding ADUs and continue to monitor state law and revise the zoning ordinance as necessary; see Program B-7.

HOUSING FOR FARMWORKERS
California law (Government Code Section 65583[c][1][C]) requires the adequate provision of sites to accommodate the housing needs of farmworkers. Housing elements should ensure that local zoning, development standards, and permitting processes comply with Health and Safety Code Sections 17021.5 and 17021.6. Section 17021.5 generally requires employee housing for six or fewer persons to be treated as a single-family structure and residential use. A jurisdiction cannot require any conditional use permit, zoning variance, or other zoning clearance for this type of employee housing that is not required of a family dwelling of the same type in the same zone. Section 17021.6 generally requires employee housing consisting of not more than 36 beds in group quarters or 12 units or less designed for use by a single family or household to be treated as an agricultural use. A jurisdiction cannot require a conditional use permit, zoning variance, or other zoning clearance for this type of employee housing that is not required of any other agricultural activity in the same zone. The City has provided a program that addresses the requirements of the Employee Housing Act (see Program E-3).

EMERGENCY SHELTERS
California Health and Safety Code Section 50801 defines an emergency shelter as “housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or households may be denied emergency shelter because of an inability to pay.” Legislation (SB 2 [Cedillo, 2007]) requires jurisdictions to allow emergency shelters without a conditional use permit in at least one zone or sufficiently sized site in the city to meet the city’s homeless need. The City of Needles updated its zoning ordinance in July 2019 to allow emergency shelters in the M-1 and M-2 zones.

There are 1,552 acres of vacant land available in the two zones. These zones are centrally located with proximity to goods and services. The typical uses in the zones include commercial and industrial uses with no heavy industrial. Program E-4 is included to ensure compliance with Assembly Bill (AB) 139 to set parking requirements on the number of staff rather than the service capacity.

SUPPORTIVE AND TRANSITIONAL HOUSING
Supportive housing is defined by Health and Safety Code Section 50675.14 as housing with linked on-site or off-site services with no limit on the length of stay and that is occupied by a target population as defined in Health and Safety Code Section 53260 (i.e., low-income persons with mental disabilities, AIDS, substance abuse or chronic health conditions, or persons whose disabilities originated before the age of 18). Services linked to supportive housing usually focus on retaining housing, living and working in the community, and/or health improvement.

Transitional housing is defined in Health and Safety Code Section 50675.2 as rental housing for stays of at least six months but where the units are recirculated to another program recipient after a set period. It may be designated for a homeless individual or family transitioning to permanent housing. This housing can take many A 5
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structural forms, such as group housing and multifamily units, and may include supportive services to allow individuals to gain necessary life skills in support of independent living.

Pursuant to SB 2, transitional and supportive housing types are required to be treated as residential uses and subject only to those restrictions that apply to other residential uses of the same type in the same zone. In addition, pursuant to AB 2162, supportive housing is a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. To ensure consistency with state law, the City amended its zoning ordinance in July 2019 to allow transitional and supportive housing consistent with SB 2. Program E-6 has been included to address the new AB 2162 requirements.

RESIDENTIAL CARE FACILITIES
Residential care facilities are small private facilities, usually with 20 or fewer residents, with rooms being private or shared. Residents receive personal care and meals and have staff available around the clock. Nursing and medical care usually are not provided on-site. Residential care facilities with 6 or fewer residents are conditionally permitted in the R-1, R-2, CRR, and C-1 zones, and specially permitted in the R-3 zone. Residential care facilities with 7 or more residents are not permitted in any zone. This may represent a constraint on the development of residential care facilities.

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Attachment B
Land Use Matrix of Changes
161
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EXISTING TABLE R1 R2 R3 CR C1 C2 C3 M1 M2 P

1.00 RESIDENTIAL

1.20.1 Single Family, 1 du / lot Z Z Z Z

1.20.2 Single Family, 2 du / lot Z Z Z Z

1.30.1 Accessory Dwelling Units Z Z Z Z Z

1.30.2 Junior Accessory Dwelling Units Z Z Z Z Z

1.30.3 Manufactured & Tiny Homes Z Z Z Z Z

1.40 Primary with accessory apartment S Z Z Z

1.50 Duplex Z Z Z Z

1.60 Multifamily apartments Z C Z

1.62 Multi-Family Apt-Conversion C C

1.70 Multifamily townhomes Z C Z

1.75 Multifamily condos Z C Z

1.80 Mobilehome parks C C S

1.85 R.V. parks C C S C

1.90 Planned residential development C C C C

1.95 Mixed-use residential*** C

2.00 RESIDENTIAL/COMMERCIAL

2.10 Homes for handicapped C C S C C C

2.20 Nursing care C C S C C C

2.30 Adult/child care (residence) C S S S C S

2.40 Halfway home C C C

2.50 Boarding house C C C C C C

2.55 Bed and breakfast C S S Z S S S

2.60 Hotels, motels C S Z Z C

2.65 Supportive Housing Z Z Z Z

2.70 Transitional Housing Z Z Z Z

2.75 Emergency Shelters Z Z
PROPOSED TABLE R1 R2 R3 CR C1 C2 DT C3 M1 M2 P

1.00 RESIDENTIAL

1.10 Single-Family (Up to 2 du / lot) Z Z Z Z

1.15 Single-Family Small Lot / Tiny Homes Z Z Z

1.20 Accessory and Junior Accessory Dwelling Units Z Z Z Z Z

1.30 Duplex, Triplex, Quadplex Z Z Z Z Z

1.40 Multifamily Townhomes/Condos Z Z Z S

1.45 Multifamily Apartments Z Z Z S

1.50 Mobile Home Parks S S S

1.60 Planned Residential Unit Development C C C C

1.70 Mixed Use Z Z S

1.80 Manufactured /3D Printed / Prefab Homes Z Z Z Z

1.90 Single-Room Occupancy Units Z Z Z Z Z

2.00 RESIDENTIAL/COMMERCIAL

2.10 Emergency Shelters Z Z Z Z

2.20 Transitional Housing Z Z Z Z Z Z Z Z

2.25 Supportive Housing Z Z Z Z Z Z Z Z

2.30 Low Barrier Navigation Centers Z Z Z Z Z Z Z

2.40 Residential Care Facilities (6 or fewer residents) Z Z Z Z Z Z

2.45 Residential Care Facilities (7 or more residents) C C S C C C

2.60 Adult/Child Care C S S S S S

2.80 Bed and breakfast C S S Z S S S S

2.85 Hotels, motels C S Z Z Z C

2.100 Live/Work Units Z S Z

2.110 R.V. Parks C C S C

2.120 Employee Housing Z Z Z Z
MISCELLANEOUS CHANGES R1 R2 R3 CR C1 C2 DT C3 M1 M2 P

9.60 EV Charging Z Z Z Z Z Z Z Z

12.30 Private homeowners
keeping horses; one-half- acre
minimum lot size

Z Z S S
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Attachment C
City of Needles Planning
Commission Comments
163
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Needles Planning Commission and City Council Notes
Development Code Update
Planning Commission comments and concerns:

Emergency Shelters
• Not a use that is permitted in residential areas. Parking standards based on beds was seen as a constraint so parking requirements are now based on employees, per State law.

Low Barrier Navigation Centers
• Commissioners asked what a Low Barrier Navigation Centers (LNBC) was, and asked if these were required by the State, and if they were required to be permitted in the C1 and C2 zones.
• A LBNC is defined as a Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing.

It’s basically an emergency shelter that has more services and are often run by nongovernmental organization’s or religious institutions. • Needles is not required to allow them in the R-1 zone. • State wants them to be permitted evenly to emergency shelters. They cannot only be permitted in M1 and M2 since these zones occupy small portions of the developed city, where the establishment of a LNBD would not be feasible.

Supportive Housing
• We can only remove by right approval from R-1 zone since R-2 is considered multi-family zone and this use type is required to be permitted by-right in multi-family zones according to government code Govt Code § 65651 (2022).
• Additionally, HSC sec 1566.3 reads:
i. No conditional use permit, zoning variance, or other zoning clearance shall be required of a residential facility that serves six or fewer persons that is not required of a family dwelling of the same type in the same zone.
ii. For the purposes of this section, “family dwelling,” includes, but is not limited to, single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobile homes, including mobile homes located in mobile home parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments.

Density Bonuses
• The Commissioners asked if a density bonus could allow a building taller than 45 feet to be built within the City. However, because the Fire Department does not have an engine that can service a building over 45 feet in height, such a concession would not be supported because it poses a health and safety risk.

Parking Standards
• The proposal behind the removal of residential parking standards from within .5 miles of public transit is inspired by ADU Standards. Such a reduction in parking standards would not 164
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apply to ADA or EV parking space requirements, but could help to promote residential development in the City.
• Commissioners expressed discomfort at removing minimum parking standards for all residential projects within a half mile of public transit. • Commissioners asked if hotel uses would be considered to be a residential project—they would not.
• Commissioners expressed support in utilizing the curb front of residential projects as counting toward the required parking for a residence.

Home Occupancy permits
• Commissioners asked to revise the direct sales language to include more than fruits and vegetables grown at the residence. Include provisions relating to Cottage Food Operations and micro-kitchens that are allowable state-wide.
• Review the percentage of the dwelling unit that could be utilized as part of a home occupation, so the requirements are consistent with IRS deductions. • Remove Planning Director approval for tutoring.
• Commissioners expressed the desire to have employees at the residence. • Commissioners want the ability for commercial vehicles at residence.

Metal buildings
• Commissioners want metal buildings to be approved via a Special Use Permit • Commissioners expressed desire to eliminate metal storage containers as a building material for residential uses.

Driveway surfaces
• It was suggested to allow pervious surfaces, or any surfaces currently permitted in the code, as driveway material. In addition, eliminate the requirement for paving, rather list it as one of the optional materials.
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City Council comments and concerns:

Metal buildings
• Council wants to know what Planning Commission comments were. Questions around aesthetics for shipping containers but metal as a material is generally ok. Commission wanted authority to review.
o Council member does not want storage containers on properties. Compares it to allowing Cannabis.

Home Occupancy permits
• Planning commission wants commercial vehicles.
• Council agrees there needs to be flexibility.

Horse Keeping
• Council wants to know why horses are being removed from R-1. • The answer is that the Gates community currently has horse keeping but this update will rectify the nonconforming issue. Code update makes issue more consistent.

Studio and Efficiency Units
• Council members asked if this was a large enough size, as 220 square feet does not seem like enough when factoring in a bathroom and kitchenette.
• Other councilmembers said this was a market decision to be made by a developer and investors. o Council member is not in agreeance with this standard. o Two council member agrees with the size minimums. References Imperial Hotel Parking Standards
• Council members agree with parking limitations to encourage public transit. • Bicycle parking – there is no need for parking requirements. • Consensus is to let people regulate driveways how they want.

Pools
Private pools must feature at least a 5 foot setback for safety concerns. 166
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Attachment D
City of Needles 6th Cycle
Housing Element Programs
167
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2021-2029 Housing Element D 1 City of Needles

HOUSING PROGRAMS AND QUANTIFIED OBJECTIVES
A. Housing Production
Number Title Action
Responsible
Party
Funding Source Timeline
A-1
Incentives for
Production
Offer incentives aimed at production of new housing in the City of Needles.

Such incentives include:
• Assist developers with the costs associated with infrastructure improvements, fees, and costs that encourage housing development DSD
Economic
Development
Fund
Incentives offered on
an ongoing basis as
funds are available.

Evaluate incentive
performance annually.

A-2
No Net Loss
Monitoring
To ensure that the City monitors its compliance with SB 166 (No Net Loss), the City will develop a procedure to, and will, track:
• Unit count and income/affordability assumed on parcels included in the sites inventory.
• Actual units constructed and income/affordability when parcels are developed.
• Net change in capacity and summary of remaining capacity in meeting remaining RHNA.

DSD General Fund
Within two years of
Housing Element
adoption
A-3
Surplus Lands/
Affordable Housing on
City-Owned/Successor
Agency Sites
Assess City-owned properties for their potential redevelopment or development for residential uses that include housing for extremely lowincome households and those with special needs such as seniors and persons with disabilities. Implement the Surplus Lands Act to annually review city-owned parcels and provide affordable housing developers the first right of refusal for designated surplus lands.

DSD General Fund
Annual review in
conjunction with the
review of Surplus
Lands.

A-4
Downtown Mixed-Use
Development
Rezone the downtown area to allow for mixed uses and taller buildings.

Permit mixed uses both horizontally and vertically. DSD General Fund Within four years of
Housing Element
Adoption
A-5 Minimum Density
Amend the Zoning Ordinance to establish minimum densities to ensure that parcels are developed close to their maximum densities (at 75%) to prevent substantial net loss of any residential units and encourage higher density/more affordable building typologies.

DSD General Fund
Within two years of
Housing Element
adoption
A-6
Inclusionary Housing
Ordinance
Conduct an inclusionary zoning feasibility study to identify appropriate inclusionary requirements that will not constrain housing production.

Develop and amend the Zoning Ordinance to establish inclusionary housing requirements so that new developments reserve up to 15 percent of the total units for lower- and moderate-income households.

DSD General Fund
Within three years of
Housing Element
adoption
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2021-2029 Housing Element D 2 City of Needles
Number Title Action
Responsible
Party
Funding Source Timeline
A-7
ADU Tracking and
Monitoring
Continuously track the City's progress for ADUs. Track and analyze the affordability of ADUs built in the City. Within the Housing Element period, assess whether additional strategies are necessary to increase ADU production.

DSD General Fund
Maintain tracker as
ADU permits are
submitted. Review
strategies annually as
part the Annual
Progress Report
process
B. Constraint Removal
Number Title Action
Responsible
Party
Funding
Source
Timeline
B-1
Permit
Streamlining
Establish and implement expedited permit processing for affordable housing projects, including projects that qualify for density bonuses (in compliance with SB 35 and SB 330). Advertise the expedited permit process on the City’s website and circulate a notice with the Building Industry Association and Chamber of Commerce.

DSD General Fund
Within two years of
Housing Element
adoption
B-2
Density Bonus
Updates
Amend the Zoning Ordinance to update density bonuses to meet current state requirements (AB 2345, SB 1763, SB 1227). DSD General Fund Within one year of
Housing Element
adoption
B-3
Objective
Standards
Pursuant to SB 330, review and amend the Zoning Ordinance and DRB handbooks for to ensure development standards, design guidelines, and findings are objective, promote certainty in the planning and approval process.

DSD General Fund
Within one year of
Housing Element
adoption
B-4
Development
Standards Review
and Revision
Study and revise development standards in multi-family districts to facilitate the development of properties at their maximum densities. Specifically amend:

Minimum Parking Standards
Height Limits
Lot Coverage (Elderly and Disabled Housing)
ADA Unit Location Requirements (Elderly and Disabled Housing) DSD General Fund
Within three years of
Housing Element
Adoption
B-5
Efficiency Units
and Minimum
Unit Sizes
Amend the Zoning Ordinance to revise the minimum required unit area for multifamily units. Ensure that provisions for efficiency units are consistent with AB 352 (2017).

DSD General Fund
Within three years of
Housing Element
Adoption
B-7
ADU Ordinance
Update to Meet
State Law
Amend the Zoning Ordinance to address multiple changes to state law regarding ADUs (including
AB 587, AB 671, AB 68, and SB 13). Monitor state law on an annual basis and revise the Zoning Ordinance as appropriate.

DSD General Fund
Within one year of
Housing Element
adoption, and annually
thereafter
B-8
Preapproved
ADU Plans
Create and make available to the public a set of Preapproved Plans for ADUs to facilitate production and ADUs available to lower-income households by reducing costs to applicants.

DSD General Fund
LEAP Grant
Within three years of
Housing Element
adoption
169
Item 4.
2021-2029 Housing Element D 3 City of Needles
Number Title Action
Responsible
Party
Funding
Source
Timeline
B-9 Utility Availability Continue to expand the reach of water and wastewater services to North Needles PWD General Fund, Grant funding June 30, 2023
B-10
Public Fees,
Standards, and
Plans Online
Pursuant to AB 1483, the City will compile all development standards, plans, fees, and nexus studies in an easily accessible online location. The City will update its zoning and general plan maps to provide a high quality, parcel-specific reference.

DSD General Fund
Within three months
of Housing Element
adoption
B-11 By-Right Projects
Encourage the construction of developments on sites that allow housing without discretionary review to meet the City’s RHNA for the different income categories.

For vacant sites used in two previous housing element cycles, the City will allow ministerial review for a project that provides 20% lower-income units.

DSD General Fund Upon adoption of the
Housing Element
B-12
Roadway
Widening and
Dedication Relief
Identify which substandard streets and alleys contain fire hydrants, utility poles, catch basins and similar impediments, the relocation of which would otherwise cause a development to be economically infeasible, and prepare a code amendment providing relief from dedication requirements under those situations.

DSD General Fund
Within three years of
Housing Element
adoption
C. Housing Preservation and Improvement
Number Title Action
Responsible
Party
Funding
Source
Timeline
C-1
Energy and
Resource
Conservation
Program
The City shall work to establish the Owner-of-Home Alternative Energy and Resource Conservation Program. The Program shall:
• Encourage and provide homeowners with an incentive reimbursement for the installation of photovoltaic (PV) solar paneling, solar water heating systems and appliances certified under the Leadership in Energy and Environmental Design (LEED).
• Provide pamphlet literature of this program and shall be made available for new arrival and existing residents at the City Hall, the City’s website, the City of Needles Library and at Community-Held Events.
• Establish educational training program workshops directed towards teaching homeowners how to install and of the cost-efficient advantages of installing PV solar paneling and heating systems and LEED appliances.

DSD, PWD General Fund Upon adoption of the
Housing Element
C-2
California
Building Code • Adopt the most recent version of the California Building Code DSD / Building Department General Fund June 30, 2022 C-3
Preservation of
At-Risk Housing
• Implement strategies to reduce the potential conversion to market rate of the 234 assisted affordable housing units in Needles during the current planning period. None of the assisted units are considered at risk. However, DSD, Housing
Authority
General Fund
Revision of zoning code
by June 2022 to
require notification by
170
Item 4.
2021-2029 Housing Element D 4 City of Needles
Number Title Action
Responsible
Party
Funding
Source
Timeline
the City will implement the following strategies to comply with state law (Assembly Bill 1521):
• Monitoring project status annually.
• Notify property owners annually about compliance with the extended noticing requirement (three year, one-year, and 6 month Notice of Intent) under state law.
• Include preservation as an eligible use in Notices of Funding Availability. • If below-market rate units appear to be at risk of conversion, work with qualified operators, HCD, and the property owners to preserve the housing for lower-income households.
• Per state law, owners of deed-restricted affordable projects are required to provide notice of restrictions that are expiring after January 1, 2021, to all prospective tenants, existing tenants, and the City within three years, one year, and six months (three separate times) of the scheduled expiration of rental restrictions. Owners shall also refer tenants of at-risk units to educational resources regarding tenant rights and conversion procedures and information regarding Housing Choice Voucher rent subsidies and any other affordable housing opportunities in the City.
• If a development is offered for sale, HCD must certify persons or entities that are eligible to purchase the development and to receive notice of the pending sale. Placement on the eligibility list will be based on experience with affordable housing.
owners consistent with
state law; ongoing
communication with
owners, service
providers, and eligible
potential purchasers.

C-4 CDBG Allocations • When allocating CDGB funding, consider use of the funds for at-risk units, if and when it becomes necessary. DSD CDBG Ongoing, annual CDBG allocation
C-5
Displacement
Prevention
Ordinance
• Pursuant to SB 330, ensure that when existing housing is demolished, at least an equivalent number of units at the same affordability are created as replacements.

DSD General Fund Ongoing, as needed
C-6
Enhanced Code
Enforcement
• The City’s Code Enforcement officials will continue to investigate potential code violations, and work with property owners to resolve violations or unsafe conditions. As a part of the enhanced code enforcement program, community representatives will notify them of tenants’ rights, and provide assistance in resolving the code violation.

Code
Enforcement General Fund Ongoing
C-7
Neighborhood
Preservation
Program
• Focus CDBG funding on deteriorating or dilapidated areas throughout the City to preserve and improve the City’s environmental quality. DSD CDBG Annually C-8
Preservation and
Rehabilitation of
Housing Stock
• Coordinate with the Housing Authority to develop guidelines for the funding of low interest loans and grant assistance, and to act as a conduit for housing funds to leverage in the creation of new affordable housing.

DSD, Housing
Authority
State and
Federal
Grants
(CDBG), San
Establish the program
and initiate outreach
by December 2022.
171
Item 4.
2021-2029 Housing Element D 5 City of Needles
Number Title Action
Responsible
Party
Funding
Source
Timeline
Comprehensive
Program
• Continue to maintain the Low and Moderate Income Housing Asset Fund (LMIHAF) for the preservation of existing affordable housing through established rehabilitation and landscaping protocol through the adopted Neighborhood Beautification Program.
• As a component of the Neighborhood Beautification Program, the City will promote the expanded participation of local landlords in rental housing rehabilitation programs.
• The City will disseminate the City’s rehabilitation grant program brochures on the City website, at community meetings, at school sites, at Citysponsored Board meetings, Planning Commission meetings, developer meetings, at off-site meetings promoting economic development within the City, and in the City Hall lobby area.

Bernardino
County,
General Fund
(LMIHAF),
Enroll 8 landlords in
the Housing
Rehabilitation
Program.

Rehabilitate at least 5
homes in the planning
period.

D. Housing Assistance
Number Title Action
Responsible
Party
Funding
Source
Timeline
D-1 Housing Choice Vouchers
• Continue to assist eligible, low-income households in receiving Housing Choice Voucher assistance. Market housing vouchers and inform landlords that discrimination based on source of income (including vouchers) is prohibited.

DSD
LIHTC
CalCHA bonds
CHFA
HOME
Continuous and
ongoing
D-2
Affordable Housing and
Services Funds. Funding
strategies for affordable
housing and supportive
services includes
• Issue Notice of Funding Availability (NOFA) in an equitable manner for affordable housing development, acquisition, rehabilitation, and/or supportive services.

Pursue funding sources for affordable housing through LIHTC, CalCHA bonds, CHFA, HOME Investment Partnership Program, etc. for affordable housing.

DSD
LIHTC
CalCHA bonds
CHFA
HOME
Continuous and
ongoing
D-3 Landlord - Tenant Mediation
• Continue to contract with a fair housing specialist to provide fair housing and landlord/tenant mediation services. Distribute information about these services to tenants through a variety of media and online outlets, namely the City website and paper materials at the Civic Center.

DSD
Fair Housing
Specialist
General Fund
Continuous and
ongoing
172
Item 4.
2021-2029 Housing Element D 6 City of Needles
E. Special Housing Needs
Number Title Action
Responsible
Party
Funding
Source
Timeline
E-1
Fair Housing
Education and
Counseling
• Provide education and literature on fair housing, resolving disputes; providing Health, Safety and Building referrals; distributing landlord/tenant guidebooks printed by the Department of Consumer Affairs; provide Housing Choice Voucher Assistance referrals; providing counseling and resolution of housing discrimination complaints.

DSD, Fair
Housing
service
provider
General Fund,
CDBG
Continuous and
ongoing
E-2
Housing for the Elderly
and Persons of
Disabilities Program
• Allow housing for the elderly, disabled, and developmentally disabled with reduced and flexible development standards. Amend the Zoning Ordinance to allow licensed adult care facilities by right. Review CUP standards for residential care facilities to ensure that the standards are objective and focused on protecting the health, safety, and welfare of the residents of these facilities.

DSD General Fund
Within one year of
Housing Element
adoption
E-3 Farmworker Housing
• The City shall review its zoning code to determine whether updates to zoning are needed to comply with the state Employee Housing Act (Health and Safety Code Sections 17021.5 and 17021.6). The Act calls for the zoning ordinance to treat employee housing (including farmworker housing) that serves six or fewer persons as a singlefamily structure and permitted in the same manner as other singlefamily structures of the same type in the same zone (Section 17021.5). The zoning ordinance must also treat employee housing consisting of no more than 12 units or 36 beds as an agricultural use and permitted in the same manner as other agricultural uses in the same zone (Section 17021.6) in zones where agricultural uses are permitted.

DSD General Fund
Within two years of
Housing Element
Adoption
E-4 Emergency Shelters
• Amend the Zoning Ordinance to modify the parking requirements for emergency shelters to ensure that they are only based on the number of staff. Amend the emergency shelters code to ensure that shelters are not subject to standards that do not apply to other uses in the same zone, including but not limited to a 500 foot residential buffer.

DSD General Fund
Within one year of
Housing Element
adoption
E-5
Low Barrier Navigation
Centers
• Pursuant to SB 48, amend the Zoning Ordinance to establish provisions for low-barrier navigation centers (LBNCs). Allow LBNCs that meet specific objective requirements by-right in areas zoned for mixed-uses.

DSD General Fund
Within one year of
Housing Element
adoption
E-6
Transitional and
Supportive Housing
• Pursuant to AB 2162 and AB 2988, supportive housing meeting certain criteria must be permitted by-right where residential uses are permitted, including mixed-use and nonresidential zones. Review AB 2162 and amend Zoning Ordinance to ensure compliance.

DSD General Fund
Within one year of
Housing Element
adoption
173
Item 4.
2021-2029 Housing Element D 7 City of Needles
Number Title Action
Responsible
Party
Funding
Source
Timeline
E-7 Residential Care
• Update its code to expressly permit the development of residential care facilities (6 or fewer residents) in residential zones. Adopt objective standards for residential care homes with 7 or more individuals in residential zones.

DSD General Fund
Within one year of
Housing Element
Adoption
E-8
Priority Water and
Sewer Service for
Affordable Housing
Developments
• Pursuant to Government Code 65589.7, work with public service providers to ensure prioritization of services to housing developments serving lower-income households.

DSD, PWD,
Utilities General Plan
Within one year of
Housing Element
adoption
F. Affirmatively Furthering Fair Housing
Number Title Action
Responsible
Party
Funding
Source
Timeline
F-1
Place-Based
Community
Improvements - Park
Renovations
• Develop programs and strategies to create place-based investments in areas of concentrated segregation and poverty, including investments in infrastructure, services, etc. that contribute to community revitalization. Focus investments and programs in south Needles to facilitate revitalization and healthy living conditions.

DSD
PWD
CDBG
General Fund
CalOES Grants
Within six years of
Housing Element
adoption.

F-3
Analysis of
Impediments
Programs
• Implement programs identified in the 2020-2024 County Analysis of Impediments. Improve housing mobility by providing homeowner assistance, incentives for affordable housing development, coordinating with local lenders to expand mortgage access. Provide fair housing services to tenants, and continually investigate potential violations of fair housing law.

DSD
Fair Housing
Specialist
CDBG
General Fund
Continuous and ongoing
F-4
Environmental Justice
and Expanded Access
to Opportunity
• Adopt and implement a new Environmental Justice Element in the General Plan. Through the Environmental Justice Element, address areas with disproportionate pollution and health impacts and facilitate healthy living conditions for Needles residents. In particular, use the Environmental Justice Element to create targeted investments and improve health in south Needles.

DSD General Fund
Leap Funds
Within two years of
Housing Element
adoption.

F-5
Fair Housing Outreach
and Enforcement
• Provide fair housing enforcement, landlord-tenant mediation, and fair housing information to residents and property owners. Advertise the City’s fair housing specialist as a resource to resolve disputes and reports of discrimination. Increase outreach in east Needles, an area identified as having disproportionate housing needs.

DSD
Fair Housing
Specialist
General Fund Continuous and ongoing
F-6
Transit Improvements
Program
• Provide housing projections and other information so that Needles Area Transit (NAT) continues to provide needed transportation services to Needles.

DSD
PWD General Fund Continuous and ongoing
174
Item 4.
2021-2029 Housing Element D 8 City of Needles
G. Public Education
Number Title Action
Responsible
Party
Funding
Source
Timeline
G-1
Housing
Information
• Continue to improve and expand the use of the various media to inform and promote the use of Needles’s housing programs to its residents and developers by creating a dedicated webpage on the City’s website.

DSD General Fund
Establish webpage
within one year of
Housing Element
adoption; On-going
and continuous
publishing of
information in the
digital magazine
G-2
ADU
Education
• Develop and implement a comprehensive marketing program to advertise the ability of homeowners to create ADUs.

DSD General Fund
Develop marketing
plan within one year of
Housing Element
adoption; implement
marketing program
within two years of
Housing Element
adoption
G-3
Source of
Income
Protection
• Coordinate with the Housing Authority to conduct outreach to inform landlords and tenants of recent changes to state law that prevent source of income discrimination. Ensure that it is known that HCVs are allowed to establish a renter’s financial eligibility.

DSD
Housing
Authority
General Fund Continuous and ongoing
G-4
Energy Cost
Savings
• Develop a program to assist residents in identifying areas in their home, or practices, that waste energy.

Utility
Department General Fund Develop program by December 2023 G-5
Incentives to
Build Housing
• Disseminate brochures outlining information about available incentives and distribute them to contractors, developers, real estate and contractors boards, and public and private agencies. The City has regular participation at community meetings, as well as meetings with developers, construction vendors, and visitors, and distributes information via flyers, pamphlets, and bound books on programs that have been implemented or are in the process of being developed, properties that have completed the code abatement process and are available for receivership, rehabilitation, etc. City staff also participates in off-site meetings related to economic development activity in the City and provides written information to anyone attending these events.

The information is also made available on the City’s website, as well as in the lobby of City Hall.

DSD General Fund
The City will initiate at
least two of the
meetings described in
the program per year
and will update
brochures at least
twice during the
planning period.
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Item 8.

PROPOSED:

WASTEWATER
Description Cost/EDU Total
Residential 51.41 51.41
Total Wastewater Charge 51.41 $

CURRENT
Description Cost/EDU Total
Residential 49.62 49.62
Total Wastewater Charge 49.62 $
$                1.79
PROPOSED:

WATER
Description Cost/EDU Total
Residential 47.53 47.53
1000 Per 100 cutic feet of water 2.82 28.20
Total Water Charge 75.73 $

CURRENT
Description Cost/EDU Total
Residential 45.88 45.88
1000 Per 100 cutic feet of water 2.59 25.90
Total Water Charge 71.78 $
$                3.95
Total Water and Wastewater Impact 5.74 $
Single Family Impact
Single Family Impact
Residential Impact
192
Item 8.

3.6% CPI
Meter Size Basic Service Charge Meter Size Basic Service Charge Customers Annual Projected Revenue 5/8" & 3/4" $45.88 5/8" & 3/4" $47.53 1,719 $980,377.18 5/8" & 3/4" duplex $45.88 5/8" & 3/4" duplex $47.53 - $0.00 1" $74.28 1" $76.95 98 $90,492.42
1 1/2" $166.48 1 1/2" $172.47 41 $84,855.58
2" $211.60 2" $219.22 79 $207,821.06
3" $574.25 3" $594.92 1 $7,139.05
4" $752.94 4" $780.05 3 $28,081.70
6" $1,349.85 6" $1,398.44 2 $33,562.57
8" $2,121.40 8" $2,197.77 - $0.00
10" $1,856.98 10" $1,923.84 1 $23,086.04
FY 22 Consumption - AZ Interconnect Usage
Per 100 cubic feet of water $2.59 Per 100 cubic feet of water $2.82 $1,232,728.93 43,713,792 Cu. Ft. *calculated based on 2020 rate study; adopted by Resolution 2020-66 Temporary Fire Hydrant Meter: Temporary Fire Hydrant Meter:
2-1/2" $383.34 2-1/2" $397.14
Install/Remove $30.41 Install/Remove $30.41
Per 100 cubic feet of water $2.29 Per 100 cubic feet of water $2.82 Required Deposit $500.00 Required Deposit $500.00
$2,688,144.53
Actual last 12 Months CPI Increase Total
$2,580,153.00 $92,885.51 $2,673,038.51
$2,620,406.00 $94,334.62 $2,714,740.62
Current Rates October 1, 2022 Effective November 1, 2023 Rates Projected Revenue 5% increase in Revenue
5% increase in O&M
193
Item 8.

EDU Study Monthly Charge for a Typical Customer
Customer Class $/EDU EDU Units $/customer Customer Units Residential $ 49.62 1.00 /account $ 49.62 1 account
Hotel $ 49.62 0.70 /room $ 1,667.35 48 rooms/hotel
Hospitals $ 49.62 0.75 /bed $ 930.44 25 beds/hospital
Campgrounds $ 49.62 0.70 /RV/Camping Space/Cabin $ 5,627.31 162 RV/camping space/cabin Multi-family $ 49.62 1.00 /account $ 49.62 1 account
Garden & Nurseries $ 49.62 1.00 /account $ 49.62 1 account Laundromats $ 49.62 $ -
Schools $ 49.62 0.23 /student $ 10,294.90 902 students/school General Commercial $ 49.62 1.65 /account $ 81.88 1 account Beauty Salon & Barber Shop $ 49.62 0.50 /sink $ 99.25 4 sinks/salon Religious Organizations $ 49.62 0.02 /seat $ 228.67 203 seats/organization Food Establishments $ 49.62 0.18 /seat $ 571.66 64 seats/establishment Government $ 49.62 1.65 /employee $ 818.79 10 employees/account Gas Stations $ 49.62 2.90 /pump (side) $ 431.72 3 pumps/station Native Village $ 49.62 109.00 /account $ 5,408.96 1 Native Village

3.6%
EDU Study Monthly Charge for a Typical Customer
Customer Class $/EDU EDU Units $/customer Customer Units Customers EDU Annual Rev Residential $ 51.41 1.00 /account $ 51.41 1 account 1,405 1,405 $ 866,711 Hotel $ 51.41 0.70 /room $ 1,727.25 48 rooms/hotel 14 470 $ 290,178 Hospitals $ 51.41 0.75 /bed $ 963.87 25 beds/hospital 1 19 $ 11,566 Campgrounds $ 51.41 0.70 /RV/Camping Space/Cabin $ 5,829.48 162 RV/camping space/cabin - - $ - Multi-family $ 51.41 1.00 /account $ 51.41 1 account 418 418 $ 257,854 Garden & Nurseries $ 51.41 1.00 /account $ 51.41 1 account - - $ - Laundromats $ 51.41 $ - - - $ -
Schools $ 51.41 0.23 /student $ 10,664.76 902 students/school 1 207 $ 127,977 General Commercial $ 51.41 1.65 /account $ 84.82 1 account 79 130 $ 80,410 Beauty Salon & Barber Shop $ 51.41 0.50 /sink $ 102.81 4 sinks/salon 2 4 $ 2,468 Religious Organizations $ 51.41 0.0227 /seat $ 236.89 203 seats/organization 13 60 $ 36,954 Food Establishments $ 51.41 0.18 /seat $ 592.20 64 seats/establishment 16 184 $ 113,703 Government $ 51.41 1.65 /employee $ 848.20 10 employees/account 20 330 $ 203,569 Gas Stations $ 51.41 2.90 /pump (side) $ 447.23 3 pumps/station 7 61 $ 37,568 Native Village $ 51.41 109.00 /account $ 5,603.29 1 Native Village 1 109 $ 67,239 1,977 3,503 $ 2,096,197
Actual last 12 Months CPI Increase Total
$2,018,787.00 $72,676.33 $2,091,463.33
$2,168,342.00 $78,060.31 $2,246,402.31
CPI Index Calc:

Current Rates Effective October 1, 2022
Effective November 1, 2023 Rates
5% increase in Revenue
5% increase in O&M
Projected Revenue
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Item 22.
445
Item 22.