Nevada City City Council
May 10, 2023

APPENDIX A
PROPOSITION 64 PH&S GRANT PROGRAM COHORT 3

SCORING PANEL ROSTER
Name Title Organization
1 Guillermo Viera Rosa
(Chair)
BSCC Board Member
Director, Div. of Adult
Parole
CA Department of Corrections
and Rehabilitation
2 Devin Gray Policy Research Department of Cannabis Control – Policy and Research Division
3 Jim Keddy Director Youth Forward
4 Ata Khan Planning Manager City of Pomona – Development Services
5 Charles Smith Commander Department of Cannabis Control – Law Enforcement Division
6 America Velasco Pre-Trial Services
Coordinator Solano County Superior Court
City of Nevada City
BSCC 954-22

APPENDIX B

CRITERIA FOR NON-GOVERNMENTAL ORGANIZATIONS RECEIVING
PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT FUNDS
The Proposition 64 Public Health and Safety (Prop 64 PH&S) Grant Program Cohort 3 Request for Proposals (RFP) includes requirements that apply to non-governmental, community-based organizations. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving Prop 64 PH&S Cohort 3 funds. The RFP describes these requirements as follows:

The Prop 64 PH&S Grant Program Cohort 3 RFP includes requirements that apply to non-governmental organizations that receive funds under this grant. All grantees are responsible for ensuring that any contracted third parties continually meet these requirements as a condition of receiving Prop 64 PH&S Grant Program Cohort 3 funds.

The RFP describes these requirements as follows.

Any non-governmental organization that receives Prop 64 PH&S Grant Program Cohort 3 funds (as either subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six months prior to the effective date of its fiscal agreement (i.e., December 1, 2022) with the BSCC or with the Prop 64 PH&S grantee. Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six-month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee-subcontractor fiscal agreement. • Be registered with the California Secretary of State’s Office, if applicable; • Have a valid business license, Employer Identification Number (EIN), and/or Taxpayer ID (if sole proprietorship);
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
• Have a physical address.

Non-Governmental Organizations (NGOs) include: community-based organizations (CBOs), faith-based organizations (FBOs), nonprofit organizations/501(c)(3)s, evaluators (except government institutions such as universities), grant management companies and any other non-governmental agency or individual. Note: These criteria do not apply to government organizations (e.g., counties, cities, school districts, etc.).

City of Nevada City
BSCC 954-22

APPENDIX B

CRITERIA FOR NON-GOVERNMENTAL ORGANIZATIONS RECEIVING
PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT FUNDS
In the table below, provide the name of the Grantee and list all contracted parties.

Grantee: City of Nevada City
Grantees are required to update this list and submit it to BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the Prop 64 PH&S Grant Program Cohort 3 RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.

The BSCC will not disburse or reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS
SIGNATURE (Blue Ink Only or E-signature) DATE
x
Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: May 10, 2023 Agenda Item No. 09
Subject: Consideration of the Special Event Street Closure Request for Friar Tuck’s 50th Anniversary.

From: Sean Grayson, City Manager
Date: May 3, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application.

ISSUE STATEMENT AND DISCUSSION:

On April 14, 2023, the City received an application for Friar Tuck’s 50th Anniversary celebration on June 11, 2023. The proposed event hours are 4:00pm to 10:00pm with set-up and street closures beginning at 2:00pm and breakdown complete with street reopen at 11:00pm.

The proposed street closure for the event includes:
- Pine Street between Broad Street and Commercial Street A summary of the specific event characteristics and recommended staff conditions are included in the application packet. The primary considerations are for emergency access with standard conditions by the Fire Department and for parking and road closures from Public Works. The Nevada City Chamber of Commerce is not the applicant or host but has made contact with the impacted businesses. Insurance information has been provided and the deposit and payment submitted per the City’s application/contract.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The total fees to be collected if the application is approved are $175.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

ATTACHMENTS:

Street Closure/Special Event Application Friar Tuck’s 50th Anniversary

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: May 10, 2023 Agenda Item No. 10
Subject: Conduct a Public Hearing in Consideration of
Ordinance No. 2023-05: An Ordinance of the City Council of the City of Nevada City, State of California, Repealing and Replacing Chapter 15.04 (“Building Standards”) and Chapter

15.08 (“Fire Safety Standards and California Fire Code
Amendments”) to Title 15 (“Buildings and Construction”) to the Nevada City Municipal Code Adopting the 2022
California Building Standard Codes and the 2022 California Fire Code Both with Local Amendments
From: Bryan McAlister, City Engineer
Sam Goodspeed, Division Chief
Date: May 3, 2023
Reviewed & Approved:

City Manager: STG

City Attorney:

Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for May 24, 2023.

ISSUE STATEMENT AND DISCUSSION:

The California Building Standards Commission has adopted and published the 2022 triennial edition of the California Building Standards Code with an effective date of January 1, 2023. The California Building Standards Code includes the 2022 California Building, Electrical, Plumbing, Mechanical, Residential, Green Building, Energy, Historical Building, Existing Building, Referenced Standards, and Fire Codes.

The Code is required to be enforced in all parts of the State in accordance with California Health and Safety Code Section 17958. The California Building Standards Law provides that a local jurisdiction may, as reasonably necessary, establish more restrictive amendments based upon local climatic, topographical or geological conditions. The codes being recommended for adoption include the 2022 Building Standards Code, Title 24 Parts 1 through 12; 2021 International Swimming Pool and Spa Code; 2021 International Property Maintenance Code and the City’s local amendments.

If the 2022 codes are not approved by a municipality, it becomes automatically adopted for that community without the benefit of local amendments. As with most communities, the City of Nevada City approves each updated version of the California Building Code with certain amendments. The 2022 CBSC includes minor changes compared to past cycles. Except for additional energy savings features, including electrical infrastructure requirements, most of the code changes are technical in nature. Though many changes are minor, the cumulative changes will add to the cost of building homes and nonresidential buildings. Staff continues to support the local amendments as they were adopted in past code updates. The local updates proposed for both the Building and Fire codes include minor clarifications and continue with the same amendments as in past years.

On December 13, 2022, the County of Nevada adopted all the required Codes with local amendments by Ordinance No. 2515 (copy attached). Historically the City has contracted with the County for building permitting and inspection services since 1962, making it desirable to have essentially the same standards and amendments apply to both jurisdictions. The proposed City ordinance for adoption of the 2022 Building Standards has been reviewed by City of Nevada City Engineering and Fire departments and is recommended for approval.

Adoption of the proposed ordinance is exempt from CEQA review pursuant to the CEQA guidelines, including Section 15378(b)(5) as an organizational or administrative governmental activity that will not result in direct or indirect physical changes to the environment, and Section 15060(c)(2) as an activity covered by the general rule that CEQA applies only to projects that have the potential for direct, indirect or reasonably foreseeable physical change in the environment.

FINANCIAL AND/OR POLICY IMPLICATIONS:

There is no direct financial impact related to action as County and City can adopt fees to cover costs of permit processing.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the strategic initiatives of Housing, Fire, Business and Infrastructure, as it relates to Code Compliance for Building Standards.

ENVIRONMENTAL CONSIDERATIONS:

Recommend finding ordinance is exempt from environmental review under CEQA pursuant to §§15378(b)(5) and 15060(c)(2) as recited in proposed ordinance.

LEGAL REVIEW:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

ATTACHMENTS:
 County of Nevada Ordinance No. 2515 Amending Chapter V of the Nevada County Land Use and Development Code
 Proposed City Ordinance No. 2023-05 with attached Building Standards Title 15 (Exhibit “A” to Ordinance No. 2023-05)
.~INAN~E No. 2515
0~ THE ~~ARD OF SUPERVISORS OF THE COUNTY OF N~~d~~3A
AN O~tDINAN(~E AMENDING CHAPTER V OF THE LAND I7SF:

A.ND DEVELOPMENT CODE OF THE COUNTY OF NEVADA,
AUOP"I'ING THE 2022 CALIFORNIA BUILDING STANDARDS,
A:ND LOCAL A1~~ENDMENTS THERETO; AND ADOPTION (~F'
~X~KESS FINDINGS OF REASONABLE NECESSITY FOR
~~IAN~ES ANU MODIFICATIONS TO THE CALIFORNIA
BUILDING STANDARDS CODE BASED ON LOCAL CI.IIWIATIC,
~EOL~GICAL, OR TOPOGRAPHICAL CONDITIONS.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA, STATE OF' CALIFORNIA., OIZI7AINS AS FOLLOWS:

SECTION I: ~~egitilative Yug-pnse
The State of California revises its building standards on a triennial basis. The bu~ldinb standards are intended to regulate and ~~~v~rn the conditions and maintenance of all proper~.y~ buils~ii~ns, anc~ structures by pravidxng standards for supplied utilities, facilities, and other pl~ysic.al t'k~ings and conditions essential to en pure that structures are safe, sanitary, and fit for occupancy' ~nc~ use.

It is the purpose and the intent of this Ordinance to make substantive revisions tc~ C:Y~ap~~r V (Building) of the Land Use and Development Code to ensure Nevada County's eonfc~rmity to tote 2022 edition of the California Building Standards, to wit, the California Building C;~dt, t~~~; California Residential Code, the California Green Building Standards Code, the Califarni;~.

Plumbing Code, the California Electrical Code, the California Fire Code, the California Mechanical Code, the California Energy Code, the California Referenced Standards Ci>de, the California Historical Building Code, the California Existing Building Code, the l 997 TJnifortn Housing Code, t ie 1997 Uniform Code for the Abatement of Dangerous Buildings, the 2011 International ~wimrr►ing Pool and Spa Code and the 2021 International Property l~~iaiz7~~.nance Code.

Pursuant to Hea1tY~ and Safety Code Section 17958.5, et seq., a county may make su.G1r ~.~i~n.ges or modifications in t:he r~egtziremen.ts contained in the provisions of the California ~-3uilctiii~ Standards Code, as are reasonably necessary because of local climatic, geola~ical, or topographical conditions. Nevada County's amendments to the 2022 California 13uYldirz~; Standards, which have been made in response to unique climatic, geological, or tapc~~}-atahlcal. conditions in N~:vada County, are codified in Chapter V of the Land Use and I)eveiop~ri~nt Loc~~.

Local amendments to tY~e California ~3uildins Standards Code shall not become effective until tl~e modifications ~~~d findings have been filed with the Building Standards Commission.

SECTION II:

Chapter V of the Land ZJs~ and Develr,pmerit Code of the County of Nevada is hereby arne.~zded to read as sG~ ~ort:h in Exhibit ~ attached 1h.erGto and incorporated herein by reference.

SECTION III:

1. The Board hereby finds and declares that the arriendin~nts to the 2022 California I3uildirig Standards, as coc~pCied in C_:hapter V of the Nevada County Land Use and Develc~pmerit Code, are reasonably necessary because of local climatic, geological, anr3 topo~~zapht~al conditions within the County. Said amendments are deemed more restrictive than tie published 202.2 California Building Standards.

2. The Board hereby finds and declares that this Ordinance is exempt from CEQ~ review pursuant tc~ the CEQA guidelines, including Section 15378(b)(5) as an organizational or. administrative governmental activity that will not result in direct or indirect physical changes to the environment, and Section 15060(c)(2) as it does not create a potential for direct, indirect, or reasonably foreseeable physical change in the environment.

SECTION N:

If any provision of this Ordinance is held unconstitutional or otherwise invalid, the remainder of the Ordinance shall nat be effected hereby and shall remain in full force and effect.

This Ordinance shall take effect and be in force at the expiration of thirty (30) days frorri and after its passage, and i~ shall become operative on the IZ}''day of ~a~ ,2023 , and befo re the expiration of fifteen (15) dais after its passage it shall be published once, with the names. ~f the Supervisors voting for end against same in ~rl cvr~~o~ 0.~S.S~, a newspaper o:f general circulation printed and published in the County o~~ievada. .

PASSED AND ADOPTED by a majority vote of the Board of Supervisors of the County of Nevada at a regular meeting of said Board, held on the 13th day of December, 2022, by the following vote of said Board:

Ayes: Supervisors Heidi Hall, Edward Scofield, Dan Miller Susan K. Hoek and Hardy Bullock.

Noes: None.

Absent: None.

Abstain: None.

ATTEST:

JULIE PATTERSON HUNTER
Clerk of the Board of Supervisors
K---
Susan K. Hoek, Chair
12/13/202?_ cc: Union*
Sierra Sun*
COB*
Coco*
QC*

EXHIBIT A
CHAPTER V: BUILDINGS
Article 1 General
Article 2 Division II Administration Amendments
Article 3 California Building Code Amendments
Article 4 California Residential Code Amendments
Article 5 Fire Safety Standards and California Fire Code Amendments Article 6 Permit Fees
Article 7 California Plumbing Code Amendments
Article 8 California Mechanical Code Amendments
Article 9 International Swimming Pool and Spa Code Amendments Article 10 Repealed
Article 11 Landform Grading for Agriculture
Article 12 California Electrical Code
Article 13 Grading
Article 14 Systems Electric Vehicle Charging Station Permitting Process Article 20 Small Residential Rooftop Solar
~;XHIBIT A
ARTICLE 1

GENERAL
Sections:

Sec. L-V 1.1 Purpose
Sec. L-V 1.2 Applicability
Sec. L-V 1.3 Definitions
Sec. L-V 1.4 Codes and Regulations Adopted
Sec. L-V 1.5 Filing of Copies of Codes
Sec. L-V 1.6 Code Adoption Procedure
Sec. L-V 1.7 Compliance with Environmental Health, Zoning, Encroachment Requirements and other Regulations Prerequisite to a Building Permit Sec. L-V 1.8 Compliance with Encroachment Requirements and Other Regulations Prerequisite to a Grading Permit
Sec. L-V 1.9 Location of Property Lines
Sec. L-V 1.10 Transfer of Permit
Sec. UV 1.1 Purpose
This Chapter is enacted for the purpose of providing minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures, regulated equipment, grading and construction activities that result in a land disturbance on private property within this jurisdiction.

Nothing in the codes hereinafter adopted shall be construed to prevent any person from performing his own building, mechanical, plumbing or electrical work, when performed with permits in compliance with this Chapter.

Sec. L-V 1.2 Applicability
This Chapter shall apply, to the extent permitted by law, to all construction in the unincorporated Nevada County.

Sec. L-V 1.3 Definitions
Whenever any of the following names or terms are used herein or in any of the codes adopted by reference by this Chapter, unless the context directs otherwise, such names or terms so used shall have the meaning ascribed hereto by this Section, to wit:

A. BUILDING OFFICIAL, ADMINISTRATIVE AUTHORITY, RESPONSIBLE OFFICIAL, and similar references to a chief administrative position shall mean the Building Official of the County of Nevada; provided, however, that where such terms are used in connection with those duties imposed by statute or ordinance upon the County Environmental Health Officer, said terms shall include the County Environmental Health Director; where such terms are used in connection with those duties imposed by statute or ordinance upon the Chief of a Fire Department or the County Fire Marshal, said terms shall include the Chief of the Fire Department or County Fire Marshal; and where such terms are used in connection with those duties imposed by ordinance upon the County Code Compliance Officer, said terms shall include the County Code Compliance Officer.

B. BUILDING DEPARTMENT, OFFICE OF ADMINISTRATIVE AUTHORITY, or HOUSING DEPARTMENT shall mean the Building Department of the County of Nevada.

C. CITY or JURISDICTION shall mean the County of Nevada when referring to a political entity, or an unincorporated area of said County when referring to area.

D. CLERK OF THIS JURISDICTION means Clerk of the Board of Supervisors. 2 EXHIBIT A
E. GOVERNING BODY, LEGISLATIVE BODY or APPOINTING AUTHORITY means the Board of Supervisors of the County of Nevada.

F. BOARD OF APPEALS, HOUSING ADVISORY and APPEALS BOARD and any other reference to an appellate body in any of the uniform codes adopted by reference in this Chapter shall mean the Building and Accessibility Standards Board of Appeals provided for in Section L-V 2.1 of the Nevada County Land Use and Development Code.

EXCEPTION: The appellate body for fire and panic safety regulations is within the jurisdiction of the County Fire Marshal/District Fire Chief.

G. TECHNICAL CODES refer to those codes and publications adopted by the County of Nevada containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance, of buildings and structures and building service equipment as enumerated in Section L-V 1.4 of the Nevada County Land Use and Development Code.

Sec. UV 1.4 Codes and Regulations Adopted
Subject to the modifications and amendments contained in this Chapter, the following codes and standards are hereby adopted and incorporated into the Land Use and Development Code of Nevada County by reference and having the legal effect as if their respective contents were set forth herein:

A. Division II, Scope and Administration, 2019 California Building Code.

B. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 12 (California Referenced Standards Code), in whole thereof.

C. The 2022 edition of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 (California Building Code), incorporating the International Building Code, 2021 Edition, of the International Code Council, the whole thereof with State amendments, including appendixes "C", "H", "I" and "J" and amendments set forth in Article 3 of this Chapter.

D. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 9 (California Fire Code), incorporating the International Fire Code, 2021 Edition, of the International Code Council, the whole thereof with State amendments, save and except article 86 thereof, including appendix chapters and amendments set forth in Article 5 of this Chapter.

E. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 5 (California Plumbing Code), incorporating the Uniform Plumbing Code, 2021 Edition, of the International Association of Plumbing and Mechanical Officials, the whole thereof with State amendments, including appendix chapters and amendments set forth in Article 7 of this Chapter.

F. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 4 (California Mechanical Code), incorporating the Uniform Mechanical Code, 2021 Edition, of the International Association of Plumbing and Mechanical Officials, the whole thereof with State amendments, including appendix chapters and amendments set forth in Article 8 of this Chapter.

G. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 3 (California Electrical Code), incorporating the National Electrical Code, 2020 Edition, of the National Fire Protection Association, the whole thereof with State amendments, including annex chapters and amendments set forth in Article 11 of this Chapter H. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 2.5 (California Residential Code) incorporating the International Residential Code, 2021 Edition, of the International Code Council, the whole- thereof with State Amendments, including appendixes "H", "J", "K", "Q", and "S" and amendments as set forth in Article 4 of this chapter.

EXHIBIT A
I. The 2022 edition of the California Building Standards Code, known as the California Code of Regulation, Title 24, Part l 1 (California Green Building Standards Code) in whole thereof, with State Amendments.

The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 6 (California Energy Code) in whole thereof, with State Amendments.

K. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 8 (California Historical Building Code) in whole thereof, with State Amendments.

L. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 10 (California Existing Building Code), incorporating the International Existing Building Code, 2021 Edition, of the International Code Council, the whole thereof with State Amendments.

M. The 2021 International Property Maintenance Code, of the International Code Council.

N. The 1997 Uniform Code for the Abatement of Dangerous Buildings, of the International Conference of Building Officials.

O. The 1997 Uniform Housing Code, of the International Conference of Building Officials.

P. International Swimming Pool and Spa Code, 2021 Edition with the amendments set forth in Article 9 of this Chapter.

Sec. L-V 1.5 Filing of Copies of Codes
The Building Department of the County of Nevada shall maintain on file copies of the Codes and Standards referred to in Section L-V 1.4 of this Chapter.

Sec. L-V 1.6 Code Adoption Procedure
A. The Building Official shall provide the Board of Appeals with copies of all statutes newly adopted by the State, pursuant to the State Housing Law and State Building Standards Law (Health and Safety Code sections 17910 and 18901, et seq.).

B. The Building Official and Board of Appeals shall:

Provide technical review of the newly adopted codes.

2. Report such newly adopted codes to the Board of Supervisors and provide a draft recommendation for consideration by the Board to amend, add to, or repeal ordinances or regulations, to impose the same requirements as are contained in the new State laws, or to make changes or modifications in such requirements upon express findings because of local conditions or factors.

3. Request the Board of Supervisors to schedule a hearing not less than thirty days (30) from the date of their report and place one (1) copy of the codes to be considered by the Board in the office of the Building Department for review by the general public.

C. The Board of Supervisors shall, upon the request of the Building Official and Board of Appeals, schedule such public hearing to receive public testimony on the codes and any modifications thereto to be adopted by the Board.

D. The Clerk of the Board of Supervisors shall give notice of the time, place and subject matter of the public hearing scheduled on the matter before the Board. Notification shall be by publication in a newspaper of general circulation published and circulated within the County 10 days prior to the public hearing.

E. The Board of Supervisors shall hold such public hearing at the date and time scheduled and shall then act on the recommendation of the Board of Appeals. 4 EXHIBIT A
Sec. L-V 1.7 Compliance with Environmental Health, Zoning, Encroachment Requirements and Other Regulations Prerequisite to a Building Permit A. No building permit shall be issued for any building for which an individual sewage disposal and/or an approved watet~ supply system must be installed, altered or added to, unless and until the Building Official is satisfied that adequate potable water and sewer disposal are available and that a permit is issued therefore.

B. No building permit shall be issued for which an encroachment or grading permit is required, unless and until the requirements prerequisite to said encroachment or grading permit has been met.

C. No building permit shall be issued unless and until the Building Official is satisfied that the construction authorized by the permit will not violate any existing law or ordinance.

D. No building permit shall be issued unless the Building Official is satisfied that adequate electrical power is supplied.

Sec. I.-V 1.8 Compliance With Encroachment Requirements and Other Regiilations Prerequisite to a Grading Permit
A. No grading permit shall be issued for which encroachment approval is required until an encroachment permit has been obtained from the appropriate enforcement agency.

B. No grading permit shall be issued until the Building Official is satisfied that the work authorized by the permit will not violate any existing law or ordinance, including the Nevada County Zoning Ordinance.

C. No grading permit shall be issued until a land use permit pursuant to Chapter II of the Nevada County Land Use and Development Code has been granted by the Nevada County Planning Agency.

EXCEPTION: Single family residential development and dams.

Sec. L-V 1.9 Location of Property Lines
Whenever the location of a property line or easement, or the title thereto, is disputed during the building or grading permit application process or during a grading or construction operation, a survey by a registered Land Surveyor or appropriately registered Civil Engineer may be required by the Building Official, at the expense of the applicant, prior to the application being approved or the grading or construction operation resuming.

Sec. L-V 1.10 Transfer of Permit
Whenever a parcel of real property is conveyed and a building permit and/or a grading permit has been issued for work on the property which has been started but not completed, the new owner of the property shall request a transfer of the permits) to his/her name and shall assume full responsibility for the work authorized by the permit(s). The new owners upon application shall pay a transfer fee as specified by the latest fee Resolution of the Board of Supervisors for a permit transfer.

EXHIBIT A
ARTICLE 2

DIVISION II ADMINISTRATION AMENDMENTS
Sections:

Sec. L-V 2.0 Amendments Adopted
Sec. L-V 2.1 Section 113: Board of Appeals (change to read): 113.1: Building and Accessibility Standards Board of Appeals
Sec. UV 2.2 Section 114: Violations (add the following) Sec. UV 2.3 Section 105.2: Work Exempt From Permit; Building Permits (change paragraph 1 to read)
Sec. L-V 2.4 Section 105.2: Worlc Exempt From Permit; Building Permits (add the following)
Sec. UV 2.5 Section 105.2: Work Exempt From Permit; Building Permits (add par~~raph to read)
Sec. UV 2.6 Section 105.3.2: Time Limitation of Application Sec. L-V 2.7 Section 105.5: Expiration (change to read) Sec. L-V 2.8 Section 109.2: Schedule of Permit Fees (change to read) Sec. L-V 2.9 Section 109.4: Work Commencing Before Permit Issuance (change to read) Sec. UV 2.10 Section 109.6: Fee Refunds (change to read) Sec. UV 2.0 Amendments Adopted
The Administrative Division II 2019 California Building Code as adopted by Section L-V 1.4 is adopted with the following amendments:

Sec. L-V 2.1 Section 113: Board of Appeals (change to read): 113.1: Building and Accessibility Standards Board of Appeals
113.1 Building and Accessibility Standards Board of Appeals A. In order to hear and decide appeals of discretionary orders, decisions or determinations made by the Building Official relative to the application and interpretation of the provisions of the technical codes, there shall be, and is hereby, created a Building and Accessibility Standards Board of Appeals for Nevada County.

B. The Board may also rule on appeals of discretionary orders, decisions or determinations made by the Building Official relative to the application and interpretation of State mandated energy regulations contained in Title 24, California Code of Regulations and requirements of the Historical Building Code.

C. The Board may also rule on appeals of discretionary orders, decisions or determinations made by the Building Official relative to the enforcement of the California Access to Public Accommodations by Physically Disabled Persons regulations (Health and Safety Code Sec. 19955, et seq.).

D. The Board shall consist of seven (7) members who are qualified by experience and training to pass on matters pertaining to building construction, building service equipment and grading. Two (2) of the seven (7) members shall be physically disabled persons who are qualified by experience and training to pass on matters pertaining to California Disabled Access Regulations. Said Board members may not be employees of the County of Nevada. Each member of the County Board of Supervisors is entitled to appoint one member who will serve at the pleasure of that Supervisor.

The remaining two (2) Board members may be appointed by any member of the Board of the

EXHIBIT A
Supervisors. The members may be selected from the County at large without regard for Supervisorial District.

E. The Building Official shall be an ex officio member and serve as secretary to the Boat•d but shall have no vote upon any matter before the Board.

F. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The Board may recommend new legislation or comment on proposed legislation relating to building construction to the Board of Supervisors.

G. The Board shall have no authority relative to interpretation of the administt•ative provisions of this code nor shall it be empowered to waive any requirements of this code or the technical codes. The wt•itten decision from the Board is final and conclusive.

H. Notwithstanding limitations in paragraph "G", the Board may consider and authorize substitutions of materials, alternate methods, and types of construction to those specified in Chapter V of the Nevada County Land Use and Development Code, provided that the material, method or work offered is, for the purpose intended, at least the equivalent of that specified in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. The Board shall require sufficient evidence or proof be submitted to substantiate claims of equivalency and may require tests as proof of compliance at appellant's expense.

Sec. L-V 2.2 Section 114: Violations (add the following) A. Maintenance of any building, structure or building service equipment, which was unlawful at the time it was constructed or installed, if constructed or installed after January 1, 1962, shall constitute a continuing violation of this Code and the technical codes.

B. Violations of any provisions of this Code and the technical codes shall constitute a public nuisance and said conditions may be abated in accordance with existing laws and ordinances.

C. The issuance of a building permit, septic system, water well, or other permit may be withheld for property on which a violation of the provisions of this code and the technical codes exists, including work performed not in accordance with approved grading plans, until such violation has been corrected or mitigated. There shall be a connection between the violation and permit applied for.

D. The processing of a tentative tract map, parcel map, zoning change, lot line adjustment, or discretionary use permit may be withheld for property on which a violation of the provisions of this Code exists, including work performed not in accordance with approved grading plans, unless conditioned to require such violation to be corrected or mitigated.

E. CWMINAL ENFORCEMENT. Any person who violates any provision of this Chapter shall be guilty of an infraction and, upon conviction thereof, shall be subject to mandatory fines of one hundred dollars ($100) for a first violation; five hundred dollars ($500) for a second violation of the same Section within a twelve month period; and one thousand dollars ($1,000) for a third or subsequent violation within a twelve month period. Every day any violation continues shall constitute a separate offense punishable by a separate fine.

F. In addition to the provisions of the Subsections above, a notice of violation of this Code or the technical codes may be recorded in the office of the County Recorder. A notice of expungement of the notice of violation shall be recorded with the County Recorder when it is determined that a permit is not required or all remedial work has been completed and approved.

G. NONEXCLUSIVE REMEDIES. The remedies provided herein are not exclusive, and are in addition to any other remedy or penalty provided by law.

Sec. L-V 2.3 Section 105.2: Work Exempt From Permit; Building Permits (amend paragraph 1 to read)

EXHIBIT A
One-story detached accessory structures without electrical, mechanical or plumbing not intended for habitation, provided the projected floor area does not exceed 200 square feet, with a maximum of 2 foot eaves One structure per parcel.

Sec. L-V 2.4 Section 105.2: Work Exempt From Permit; Building Permits (add the following)

14. Detached trellis or arbor, provided the projected roof area does not exceed 200 square feet.

15. Agricultural accessory structures, not intended for habitation, in zoning districts "AG", "AE", "RA", "FR" and "TPZ" that meet all of the following conditions:
a. Not a place of employment where agricultural products are processed, treated, or packaged, nor shall it be a place used by the public. High and low tunnel greenhouses may be used by employees only related to cultivation of crops.
b. Of simple construction using conventional construction methods (concrete, steel frame, masonry and other technologies that generally require engineering are not exempt) or specifically approved manufactured structures.
c. No plumbing, electrical, or mechanical utilities installed. d. Structures must meet the following limits:
1) Pole Barns. Limited in size to 1,000 square feet maximum. One pole barn per parcel or 20 acres. Open from ground to eave on all sides. Distance to other structures must be equal to its height, minimum of 20 feet. Minimum of l00 feet from property line.
2) Shade Structures. Cover limited to woven shade fabric. 3) Animal Husbandry. Limited in size to 400 square feet maximum. One per 5 acres.

Single wall construction. Dirt floor or gravel. Distance to other structures minimum of 10 feet. Minimum of 40 feet from property line. Minimum of 100 feet from all domestic wells.
4) Pump Houses. Limited in size to 120 square feet.
5) Greenhouses. Limited in size to 400 square feet. One structure per parcel or 10 acres. Wood or PVC construction with rigid plastic or fiberglass cover. Dirt or gravel floor.
6) Storage Containers. Limited in size to 320 square feet. One container per parcel or 5 acres. Container is used for light nonhazardous agricultural storage and shall not be structurally modified or have any electrical, mechanical or plumbing utilities. 7) High and low tunnel greenhouses meeting the following criterion:
• Easily moveable
• Constructed of metal or plastic tubing and covered with agricultural cloth, plastic film, or shade screening.
• Exits are in compliance with the most recently adopted editions of the California Building and Fire Codes.
• Structures meet vegetation management clearance requirements in accordance with the most recently adopted edition of the California Fire Code and Public Resource Code Section 4291.
• Setbacks and height limitations in accordance with Chapter II of the Nevada County Land Use and Development Code.
8 EXHIBIT A
i) Parcels 3 acres or greater in size shall meet the following size and setback standards:
0 3,600sgft per acre maximum
0 35ft in width m~imum
o One story
n l Oft separation between structures minimum
o Clustering of structures is allowed
ii) Parcels less than 3 acres in size shall meet the following size and setback standards:
0 3,600sgft maximum
0 35ft in width maximum
o One story
o l Oft separation between structures minimum if multiple are proposed All structures require site plan review and approval and a letter of exemption issued by the Building Official and Planning Director.

Sec. L-V 2.5 Section 105.2: Work Exempt From Permit; Building Permits (add p~ragrapli to read)
Exemption from the permit requirements of this Section shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the technical codes adopted by this jurisdiction or any other laws or ordinances of this jurisdiction including zoning setback requirements.

Sec. L V 2.6 Section 105.3.2: Time Limitation of Application (change to read) Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend time for action by the applicant for a period not exceeding 90 days upon request by the applicant in writing showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than twice. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

Sec. L-V 2.7 Section 105.5: Expiration (change to read) Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one year from the date of such permit or if the building or work authorized by such permit is suspended or abandoned for a period of one year at any time after the work is commenced. Before such work can be recommenced, the permit shall be renewed. The fee for renewal shall be a minimum of onehalfthe amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after the building or work has been suspended or abandoned or the permit has been expired for a period exceeding one year, the permittee shall pay a new full permit fee, submit plans meeting minimum standards per the most recent adopted versions of the California Building Standards Codes and obtain a new building permit. Permits deemed to have expired shall be subject to all permit related fee increases and new fees in effect at the time of permit renewal as applicable subject to the discretion of the Building Official. The Building Official shall have discretion to adjust permit renewal fees when extenuating circumstances exist.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by

EXHIBIT A
this section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than twice. Upon written request by the applicant, the Building Official may authorize an extension of up to an additional 180 days from the date the permit expiration date.

All building permits shall expire two years after the issuance date. The permit may be extended Ueyond this period if the work authorized by the permit is being diligently pursued but only upon written request by the permittee. Review of the request and granting of an approved time extension beyond two years shall be made by the Building Official. A maximum one year extension of time may be granted in l80 day intervals when approved by the Building Official based on extenuating circumstances.

Permits may be issued with a limited time when necessary to abate dangerous, substandard or illegal conditions. The Building Official may establish the expiration date depending on the health/safety hazard.

Sec. UV 2.8 Section 109.2: Schedule of Permit Fees (change to read) Permit fees shall be as set forth in the fee schedule adopted by Resolution of the Nevada County Board of Supervisors.

Plan review fees shall be asset forth in the fee schedule adopted by Resolution of the Nevada County Board of Supervisors.

Sec. L-V 2.9 Section 109.4: Work Commencing Before Permit Issuance (change to read) If work is done in violation of this Chapter or such work is not done in accordance with an approved permit, a fee covering investigation of any violation, inspection and plan checking of work required to correct such violation shall be charged to the violator to cover all actual costs. This fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The payment of such fee shall not exempt an applicant from compliance with all other provisions of either this Code or the technical codes nor from the penalty prescribed by law. The applicant may appeal the assessment of a penalty to the Building and Accessibility Standards Board of Appeals.

Where work for which a permit is required by this Chapter is started or proceeded with prior to the obtaining of such permit, the fees set forth in the fee schedule adopted by the Board of Supervisors may be increased by the Building Official but shall not be more than double the fees specified for obtaining the permit for the first violation and riot more than fourfold the fees specified for obtaining the permit for a second or subsequent violation by the same individual. The payment of such fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes in the execution of the work nor from penalties prescribed in Sections L-I 1.7 and L-V 2.2 of the Land Use and Development Code.

Sec. UV 2.10 Section 109.6: Fee Refunds (change to read) Upon request of the Applicant prior to the expiration of the building permit, the Building Official may authorize refunding the permit fee, less an administration fee established by Resolution of the Board of Supervisors, when no work has been performed under a permit issued in accordance with this Code.

The Building Official may authorize refunding the plan review fee paid, less a refund processing fee and the administration fee established by Resolution of the Board of Supervisors, when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any examination time has been expended. The refund of these separate and independent fees shall not exceed 80% of the individual plan review or building permit fee.

The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 90 days after the date of fee payment. Refund amounts of less than $25.00, calculated after appropriate deductions, shall not be refunded. 10 EXHIBIT A
ARTICLE 3

CALIFORNIA BUILDING CODE AMENDMENTS
Sections:

Sec. L-V 3.0 Amendments Adopted
Sec. L-V 3.1 Division II, Section 113: Board of Appeals, General (change to read) Sec. L-V 3.2 Division II, Section 105.2: Work Exempt from Permit (change to read) Sec. L-V 3.2.1 Division II, Section 105.3.2: Time Limitation of Application (change to read) Sec. L-V 3.3 Division II, Section 105.5: Permit Expiration (change to read) Sec. L-V 3.4 Division II, Section 109.2: Schedule of Permit Fees (change to read) Sec. L-V 3.5 Section 202: R (add the following definition) Sec. L-V 3.6 Section 1505.1: Fire Classification (change to read as follows) Sec. L-V 3.7 Section 1507.1.2: Ice Barriers (add the following) Sec. L-V 3.8 Section 1507.2.8.2: Valleys and Section 1507.2.8.2 #4 Valleys: Fleshing (add the following text)
Sec. L-V 3.9 Section 1507.2.3: Underlayment (add the following) Sec. L-V 3.10 Section 1608.2: Ground Snow Loads (change to read as follows) Sec. L-V 3.11 Section 1608.2.1: Snow Loads (add a subsection to read as follows): 1608.2.1:

Ramadas
Sec. L-V 3.12 Added Section 1608.4
Sec. L-V 3.13 Section 7.6.1: Unbalanced Snow Loads for Hip and Gable Roofs, ASCE 7-10 (add a new subsection to read) 7.6.1.1: Unbalanced Snow Loads for Ground Snow Loads Over 100 PSF
Sec. L-V 3.13.1 Section 7.7.1: Lower Roof of a Structure, ASCE 7-10 (change equation 7.7-1 to read as follows)
Sec. L-V 3.13.2 Table 7-2 Exposure Factor, Ce, ASCE 7-10 (change foot note 'a' to read as follows)
Sec. L-V 3.13.3 Table 7-3 Thermal Factor, Ct, ASCE 7-10 (replace Table 7-3 Thermal Factor, Ct, with the following table)
Sec. UV 3.14 Section 1809.5 Frost Protection (change to read) Sec. UV 3.15 Section 3109.2.1: Barrier Height and Clearances (change to read) Sec. L-V 3.0 Amendments Adopted
The California Building Code as adopted by Section L-V 1.4 is adopted with the following amendments:

Sec. L-V 3.1 Division II Section 113: Board of Appeals, General (change to read) Appeals resulting from decisions or determinations made by the Building Official relative to the application and interpretation of this Code shall be heard by the Building and Accessibility Standards Board of Appeals as set forth in Section L-V 2.2 of the Nevada County Land Use and Development Code.

Sec. L-V 3.2 Division II, Section 105.2: Work Exempt from Permit (change to read) Work exempt from permit requirements shall be as set forth in the 2016 California Building Code, Section 105.2, as adopted by Nevada County, with County amendments.

Sec. L-V 3.2.1 Division II, Section 105.3.2: Time Limitation of Application (change to ready) The time limitation of permit applications shall be as set forth in the California Building Code, Section 1053.2, as adopted by Nevada County, with County amendments.

EXHIBIT A
Sec. L-V 3.3 Division II Section 105.5: Permit Expiration (change to read) Permit expiration for every permit issued by the Building Official shall be as set forth in the California Building Code, Section 105.5, as adopted by Nevada County, with County amendments.

Sec. UV 3.4 Division Section 109.2 Schedule of permit fees (change to read) Permit fees shall be as set forth in the fee schedule adopted by Resolution of the Nevada County Board of Supervisors.

Plan review fees shall be as set forth in the fee schedule adopted by Resolution of the Nevada County Board of Supervisors.

Sec. UV 3.5 Section 202: R (add the following definition) RAMADA is any freestanding roof, or shade structure, installed or erected above a mobile home, manufactured home, commercial coach, or any portion thereof.

Sec. UV 3.6 Section 1505.1: Fire Classification (change to read as follows) The roof covering or roofing assembly on any structure regulated by this Code, unless specifically exempted, shall be listed Class A, as classified in Section 1505.1.

The roof covering assembly includes the roof deck, underlayment, interlayment, insulation and covering, which is assigned a roof covering classification.

Sec. UV 3.7 Section 1507.1.2: Ice Barriers (add the following): Underlayment Ice Dams UNDERLAYMENT ICE DAMS. An "ice dam" or "ice guard" is required on the roofs of heated buildings constructed at elevations above 4,000 feet above sea level. All roofs, regardless of covering, with a pitch of less than 8 in 12 shall be protected against leakage (caused by ice and snow) by either: (1) a base sheet of felt solid cemented to the roof sheathing with an approved cementing material, or (2) an approved manufactured membrane installed per the manufacturer's specifications. Application shall extend from the roof eave edge up the roof to a line five (5) feet horizontally inside the exterior wall line of the heated building and up 30 inches along each side of a valley. Where there exists both conditioned space and unconditioned space, the required covering shall also extend horizontally.to apoint at least five (5) feet onto the unconditioned space. This "ice dam"/"ice guard" shall be in addition to any underlayment otherwise required.

Sec. UV 3.8 Section 1507.2.8.2: Valleys (add the following text) Above 4,000 feet elevation above sea level, valley flashing shall be installed to the requirements for severe climate (areas subject to wind-driven snow and ice buildup).

Sec. UV 3.9 Section 1507.3.3: Underlayment (add the following) Above 4,000 feet elevation above sea level, underlayment shall be installed to the requirements for severe climate (areas subject to wind-driven snow and ice buildup).

Sec. UV 3.10 Section 1608.2: Ground Snow Loads (change to read as follows) A. All of Nevada County is declared a snow area. Buildings and structures shall be designed to resist snow loads as set forth herein. Except as provided in this Section, snow load requirements shall be as shown in Tables 16-C-1 and 16-C-2.

Table 16-C-1
Snow load requirements applicable west of the west section line of Sections 5, 8, 17, 20, 29 & 32 R. 16 E., T 17 and 18 N., M.D.B. and M.
l2

EXHIBIT A
Elevation Snow Load
0-2000 ft. 29 psf
2001-2500 ft. 43 psf
2501-3000 ft. 57 psf
3001-3500 ft. 71 psf
3501-4000 ft. 117 psf
4001-4500 ft. 157 psf
4501-5000 ft. 200 psf
5001-5500 ft. 257 psf
5501-6000 ft. 314 psf
6001-6500 ft. 371 psf
6501-7000 ft. 428 psf
7001-7500 ft. 485 psf
7501-8000 ft. 542 psf
Table 16-G2
Snow load requirements applicable east of the east section line of Sections 5, 8, 17, 20, 29 & 32 R. 16 E., T 17 and 18 N., M.D.B. and M.

Elevation Snow Load
0-5000 ft. 71 psf
5001-5500 ft. 129 psf
5501-6000 ft. 186 psf
6001-6500 ft. 243 psf
6501-7000 ft. 300 psf
7001-7500 ft. 357 psf
7501-8000 ft. 400 psf
8001-8500 ft. 443 psf
Intermediate values may be interpolated from Table 16-C-1 and Table 16-C-2 by proportion.

B. The snow loads for within Sections 5, 8, 17, 20, 29 and 32 R., 16 E., T. 17 and 18 N., M.D.B. and M. shall be on a straight line proportion between the values shown in Table 16-C-1 and Table 16- C-2 based on the distance of the site from the boundary of the transition zone.

C. Higher snow loading than those shown in Tables 16-C-1 and 16-C-2 may be required by the Building Official in local areas of known higher snow accumulation.

D. Deviations from the above set forth snow loading may be permitted by the Building Official, provided the snow load and conditions in each individual case are derived and certified by a registered or licensed design professional who can show proper experience in snow load evaluation.

Snow load design procedure shall be as set forth in Section 1608.

E. In no case shall the design snow load be less than 20 psf.

Sec. L-V 3.11 Section 1608.2.1: Snow Loads (add subsection to read as follows): 1608.2.1:

Ramadas
1608.2.1 RAMADAS. Mobile homes or commercial coaches that do not meet the applicable snow load requirement of Title 25, California Code of Regulations, or Section L-V 3.10 of the Nevada County Land Use and Development Code for their location, shall be protected by a ramada designed for the loading. A registered or licensed design professional shall design such ramadas.

Sec. UV 3.12 Added Section 1608.4
13 EXHIBIT A
Depth of ground snow may be calculated by dividing the applicable snow load set forth in Section L-V 3.10 of the Nevada County Land Use and Development Code by 25.

Sec. L-V 3.13 Section 7.6.1: Unbalanced Snow Loads for Hip and Gable Roofs, ASCE 7-16 (add a new subsection to read) 7.6.1.1: Unbalanced Snow Loads for Ground Snow Loads Over 100 PSF

7.6.1.1: Unbalanced Snow Loads for Ground Snow Loads Over 100 PSF The following conditions are for the leeward side of a structure. The windward loading shall be in accordance with Section 7.6.1.

1.) For roof pitches of less than 6/12 (26.6 degrees) where the ground snow load (Pg) exceeds 100 psf, the unbalanced snow load need not exceed:
0 psf at the ridge and
(hr)~y psf at the eave
(see Figure 7.6.1.1-1)
Where: hr -Vertical distance between the eave and the ridge (ft) y -Density of snow (pc fl
hr
Figure 7.6.1.1-1

2.) For roof pitches of 6/12 (26.6 degrees) and greater where the ground snow load (Pg) exceeds 100 psf where the roof is partially exposed or sheltered in Terrain Category B and C, or sheltered in Terrain Category D, the unbalanced snow load need not exceed the sloped roof snow load (Ps).

Terrain Categories are those defined in Table 73-1. For areas not meeting the terrain category and exposure as described, the unbalanced snow load need not exceed the load as defined in l.) above.

Sec. L-V 3.13.1 Section 7.7.1: Lower Roof of a Structure, ASCE 7-16 (change equation 7.7-1 to read as follows)
y = 25 pcf
(in SI: 'y = 3.9 kN/m3)
Sec. L-V 3.13.2 Table 7.3-1 Exposure Factor, Ce, ASCE 7-16 (change footnote 'a' to read as follows)
14 EXHIBIT A
aDefinitions: Partially Exposed: all roofs except as indicated in the following text. Fully Exposed: roofs exposed on all sides with no shelte►•~ afforded by terrain, higher structures, or trees. Roofs that contain several large pieces of mechanical equipment, parapets that extend above the height of the balanced snow load (h~), or other obstructions are note in this category. Sheltered: roofs located where there are very tight conifer trees in very close proximity to a structure, r if an obstruction, such as a tall hill, is located within a distance of 10 times the height of the difference in height between the top of the roof and the top of the obstruction as noted in footnote "b".

Sec. L-V 3.13.3 Table 7.3-2 Thermal Factor, Ct, ASCE 7-16 (replace Table 7.3-2 Thermal Factor, Ct, with the following table)
TABLE 7.3-2 THERMAL FACTOR, Ct
Thermal Conditions Cc
All Structures exce t as indicated below 1.0
Structures kept just above freezing, structures with specifically designed cold roofs° and for enclosed ortions of a com letel unheated structure.

1.1 Structures intentionall ke t below freezin 1.2
Continuously heated greenhousesb with a roof having a thermal resistance (R-value) Less than

2.0 °Fxhxftz/Btu 0.4 Kxm2/W

0.85 These conditions shall be representative of the anticipated conditions during winters for the life of the structure.

Greenhouses with constantly maintained interior temperature of 50 °F (10 °C) or more at any point three (3) feet above the floor level during winters and having either a maintenance attendant on duty at all times or a temperature alarm system to provide warning in the event of a heating failure.

A specifically designed cold roof is defined as a well vented (exceeding code minimum) roof with an insulation system intended to mitigate icing at the eaves, which creates an air-tight or nearly air-tight envelope below the well-ventilated space.

Sec. L-V 3.14 Section 1809.5 Frost Protection (change to read) Unless erected on solid rock, to protect against frost and freezing, the minimum foundation depth is 18 inches below grade if between 4,001-7,000-foot elevation and 24 inches below grade for 7,000-foot elevation and above.

Exception: Interior footings shall be a minimum of 12 inches below grade.

Sec. L-V 3.15 Section 3109.2.1: Barrier Height and Clearances (change to read) The top of the barrier shall be at least 60 inches (1524mm) above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two (2) inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four (4) inches (102mm). iL'

EXHIBIT A
ARTICLE 4

CALIFORNIA RESIDENTIAL CODE AMENDMENTS
Sections:

Sec. L-V 4.0 Amendments Adopted
Sec. L-V 4.1 Division II Administration, Section R105.2 Work Exempt from Permit Sec. L-V 4.2 Section R105.2: Work Exempt from Permit; Building Permits Sec. L-V 4.3 Section R105.5: Expiration
Sec. L-V 4.4 Section R108.2: Schedule of Permit Fees
Sec. L-V 4.5 Section R108.5: Refunds
Sec. L-V 4.6 Section R108.6: Work Commencing Before Permit Issuance Sec. L-V 4.7 Section R301.2.3 Snow Loads
Sec. L-V 4.8 Section 8301.2 Table 8301.2(1) Climatic and Geographic Design Criteria Sec. L-V 4.9 Section 8403.1.4.1 Frost Protection (change to read) Sec. L-V 4.0 Amendments Adopted
The California Residential Code as incorporated into the Land Use and Development Code by Section LV 1.4 is adopted with following amendments:

Sec. L-V 4.1 Division II Administration, Section 8105.2 Wo►•lc Elem~t from Permit (changed to read)
Refer to L-V 23, Section 105.2.

Sec. L-V 4.2. Section 8105.2: Work Exempt From Permit; Building Permits (add paragraph to read)
Refer to L-V 2.5, Section 105.2.

Sec. L-V 4.3 Section 8105.5: Expiration (change to read) Refer to L-V 2.7, Section 105.5.

Sec. UV 4.4 Section 8108.2: Schedule of Permit Fees (change to read) Refer to L-V 2.8, Section 109.2.

Sec. L-V 4.5 Section 8108.5: Refunds (change to read)
Refer to L-V 2.10, Section 109.6.

Sec. L-V 4.6 Section 8108.6: Worlc Commencing Before Permit Issuance Refer to L-V 2.9, Section 109.4.

Sec. L-V 4.7 8301.2.3: Snow Loads (change to read)
Refer to L-V 3.10 - 3.13.3
16 EXHIBIT A
Sec. UV 4.8 Section R301.2 &Table R301.2(1) Climatic and Geographic Design Criteria Table R30L2 (1) changed to the read the following:

TABLE R301.2(1)

CLIMATIC AND GEOGRAPHICAL CRITERIA
GROUND

WIND DESIGN

SEISMIC

SUBJECT TO DAMAGE FROM
WINT
SNOW Spee Topograp
Speci DESIGN ER
LOAD d laic effects
al Windbor CATEGO Weatheri Frost DESI
(mpli
wind ne debris
RY ng line GN
~ ~e~
regio zone (a) depth (b) Termite TEMP
n ~d~ c
Per Site 95 NO Yes No Specific Specific Per Site YES Specifi Elevation/ Site Site Elevation c Site
Location Location Location /Location Locatio
n

ICE FLOOD AIR MANUAL

BARRIER HAZARD FEEZI MEAN J DESIGN

UNDERLAY S NG ANNUAL CRITERIA
MENT INDEX TEMP (fj (g)

REQUIRED
Yes, Above PER 2000 Specific Site Specific Site
4,000ft FEMA Location Location
elevation MAPPIN
G
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s a. Site elevations over 4,000ft have "Severe" weathering. Elevations at or below 4,000ft have "Negligible" weathering unless determined otherwise by the Building Official based on specific site conditions.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). c. Temperatures in accordance with the 2019 California Energy Code and National Climatic Center data table.
d. The licensed California Design Professional must use local weather data to determine wind speed for projects that have site elevations over 4,000ft.
e. Ultimate wind speed
£ Mean annual temperature based on specific site location per the National Climatic Data Center date table "Air Freezing Index —USA Method (Base 32 degrees F)." g. Design criteria based on specific site location in accordance with the joint appendices of the 2019 California Energy Code
Sec. L-V 4.9 Section R403.1.4.1 Frost Protection (change to read) Refer to Sec. L-V 3.14
17 EXHIBIT A
ARTICLE 5

FIRE SAFETY STANDARDS AND CALIFORNIA FIRE CODE AMENDMENTS Sections:

Sec. L-V 5.1 Purpose
Sec. L-V 5.2 Application
Sec. L-V 5.3 Definitions
Sec. L-V 5.4 Responsibility for Enforcement and Review
Sec. L-V 5.5 Duties of County Fire Marshal
Sec. L-V 5.6 Appointment of County Fire Marshal
Sec. L-V 5.7 Fire Agency Appeals
Sec. L-V 5.8 Code Adoption Procedure
Sec. L-V 5.9 Permits for Burning Operations
Sec. L-V 5.10 Incinerators, Open Burning and Commercial Barbecue Pits,-Additional Enforcement Authorized
Sec. L-V 5.11 Construction
Sec. UV 5.12 Fire-Extinguishing Equipment; and Supervision of Incinerator Burning Operations
Sec. UV 5.13 Open Burning
Sec. UV 5.14 2019 California Fire Code Adopted
Sec. UV 5.15 Section 105: Permits (add a subsection to read): 105.8: New Materials, Processes or Occupancies Which May Require Permits
Sec. L-V 5.16 California Fire Code, Section 105.6: Required Operational Permits (add subsections to read): 105.6.52 Cannabis Operations; 105.6.53 Organized Camps
Sec. L-V 5.17 California Fire Code, Section 110.4: Violation Penalties (amend section to read)
Sec. L-V 5.18 California Fire Code, Section 110.4: Violation Penalties (add subsection to read) 110.4.2 Reduction of Penalty
Sec. L-V 5.19 California Fire Code, Section 112.4: Failure to comply (amend section to read) Sec. L-V 5.20 California Fire Code, Section 106.2: Schedule of Permit Fees (amend section to read)
Sec. L-V 5.21 California Fire Code, Section 308.1.9: Outdoor Open Flame Appliances (add subsection to read)
Sec. L-V 5.22 California Fire Code, Section 505: Premises Identification (add a subsection to read): 505.3 Utility Identification
Sec. L-V 5.23 California Fire Code, Section 506.1: Key Box (add the following text) Sec. L-V 5.24 California Fire Code, Section 604: Electrical Equipment, Wiring and Hazards (add a subsection to read): 604.3.2 Auxiliary Generator Power Sec. L-V 5.25 California Fire Code, Section 903.2.8.1: Group R-3 (amend section to read) Sec. L-V 5.26 California Fire Code, Section 907: Fire Alarm and Detection Systems (add a subsection to read): 907.11 False Alarms
Sec. UV 5.27 Section 5706.2.4.4: Location Where Above Ground Tanks are Prohibited (add exceptions)
Sec. L-V 5.28 California Fire Code Section 6103: Installation of Equipment (add a subsection to read): Section 6103.4: High Elevation Requirements 18 EXHIBIT A
Sec. L-V 5.29 California Fire Code, Section 6107: Safety Precautions and Devices (add a subsection to read): 6107.5 Protecting Appurtenances from the Elements Sec. L-V 5.30 California Fire Code Appendix B, Table B105.2: Required Fire-Flow for Buildings Other Than One-and-Two-Family Dwellings, Group R-3 and R-4 Buildings and Townhouses (amend table to read)
Sec. L-V 5.31 Appendix B: Fire-Flow Requirements for Buildings (add a section to read as follows): B107 Automatic Fire Alarm System
Sec. UV 5.32 Appendix B: Fire-Flow Requirements for Buildings (add a section to read as follows): B108 Automatic Fire Sprinkler System
Sec. UV 5.33 Appendix C: Fire Hydrant Location and Distribution (add a section to read as follows): C106 Location of Dry Hydrants
Sec. L-V 5.34 Appendix C: Fire Hydrant Location and Distribution (add a section to read as follows): C107 Installation of Dry Hydrants
Sec. L-V 5.35 Appendix C: Fire Hydrant Location and Distribution (add a section to read as follows): C108 Dry hydrant connection
Sec. UV 5.36 Appendix C: Fire Hydrant Location and Distribution (add a section to read as follows): C109 Freeze Protection
Sec. L-V 5.37 Appendix C: Fire Hydrant Location and Distribution (add a section to ►•cad as follows): C110 Venting of Closed Containers
Sec. UV 5.38 Appendix C: Fire Hydrant Location and Distribution (add a section to read as follows): Clll Lakes, Reservoirs, and Ponds
Sec. UV 5.39 Appendix C: Fire Hydrant Location and Distribution (add a section to read as follows): C112 Water Supply Signage
Sec. UV 5.40 Appendix D, Section D101: General (add a paragraph to read as follows) Sec. L-V 5.1 Purpose
This Article prescribing regulations governing fire prevention is enacted to provide increased protection from fire to residents and property within Nevada County. It is also intended to encourage a greater degree of uniformity between the local fire districts and outside districts in the imposition of fire safety regulations on new construction and existing buildings, while respecting the autonomy of the local fire protection districts.

Sec. L-V 5.2 Application
Notwithstanding any provision in the California Fire Code to the contrary, if any provisions of the California Fire Code, as amended by this Article, conflict with state law or County ordinances, the provisions of state law or County ordinances shall govern.

Sec. UV 5.3 Definitions
As used in this Article and the California Fire Code, certain words and phrases are defined and shall be deemed to have the meaning ascribed to them herein.

A. COUNTY FIRE MARSHAL is the person appointed to said position pursuant to Section L-V 5.6, acting directly or through the County Fire Protection Planner.

B. COUNTY FIRE PROTECTION PLANNER is the designee and authorized representative of the County Fire Marshal.

C. FIRE BREAK shall mean a continuous strip of land upon which all rubbish, weeds, grass, or other growth that could be expected to burn when dry, has been abated or otherwise removed in order to prevent the surface extension of fire from one area to another.

EXHIBIT A
Sec. UV 5.4 Responsibility for Enforcement and Review
Except as otherwise required by controlling State law, enforcement of fire safety laws, standards and regulations and review of projects for compliance therewith shall be as follows in the unincorporated areas of Nevada County:

A. The California Fire Code, as amended and adopted in this Article, shall be enforced:

1. By the Chief of any fire department or the authorized representative thereof within its jurisdiction, and

2. By the County Fire Marshal outside the jurisdiction of a fire department providing fire protection services or within such boundaries as authorized by the Chief.

B. The building standards relating to fire and panic safety adopted by the State Fire Marshal and published in the State Building Standards Code and other regulations formally adopted by the State Fire Marshal fo►• prevention of fire or for protection of life and property against fire or panic shall be enforced against all buildings and uses, including those owned or operated by the State or the County only to the extent State law expressly makes the same applicable and enforceable against such governmental entities:

1. By the State Fire Marshal as to State owned or operated buildings;

2. By the County of Nevada, through its Building Department or its authorized representative, throughout the unincorporated areas of the County:
a. Those standards and regulations more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety adopted pursuant to Health and Safety Code Section 13143.5 or ratified pursuant to Health and Safety Code Section 13869.7 where enforcement is not otherwise delegated upon adoption or ratification, and
b. Those relating to R-3 occupancies, excluding adopted building standards relating to fire and panic safety applicable to Small and Large Day Care Centers, the enforcement of which shall be as provided in subsections B.3 and B.4 hereof; By the Chief of any fire department or their authorized representative within its jurisdiction:
a. Those standards and regulations more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety adopted pursuant to Health and Safety Code Section 13143.5 or ratified pursuant to Health and Safety Code Section 13869.7 where enforcement is delegated to it; and b. All other standards and regulations, except as provided in subsections B.1, B.2 or B.4 hereof; and

4. By the County Fire Marshal all standards and regulations applicable outside the jurisdictional boundaries of a fire department providing fire protection services or within such boundaries upon request of the Chief or governing body thereof with approval of the State Fire Marshal.

C. Whenever any application is made to the County for issuance of any discretionary land use permit or other land use entitlement, the County Fire Marshal, after consultation with any Fire Chief or other person with enforcement responsibility pursuant to this Article, shall have the final authority and responsibility for review of such application and preparation of comments and appropriate mitigation measures and/or conditions of approval to be requested to assure compliance with all applicable fire safety laws, standards and regulations. To facilitate such review, copies of all such applications shall promptly be provided to the County Fire Marshal and to any Fire Chief or other person with enforcement responsibility.

Sec. L-V 5.5 Duties of County Fire Marshal
20 EXHIBIT A
A. In addition to enforcement responsibilities provided for in subsections A and B and review responsibilities provided for in Subsection C of Section L-V 5.4 hereof, the duties of the County Fire Marshal shall include fire prevention, code inspection, and fire investigation for the unincorporated areas of Nevada County outside the jurisdictional boundaries of a fire department or within such boundaries as authorized by the Chief.

B. The County Fire Marshal may designate another qualified person, who shall be known as the County Fire Protection Planner, as his authorized representative to carry out all or any part of his duties under this Section. The appointment of the Fire Protection Planner is subject to ratification by the Board of Supervisors and shall not become effective until said ratification. Any fire department or fire department governing body may, by written request, delegate their authority to the County Fire Protection Planner to review and determine appropriate mitigation measures and/or conditions of approval for any project in its jurisdiction.

Sec. UV 5.6 Appointment of County Fire Marshal
The Nevada County Board of Supervisors shall appoint the County Fire Marshal. In a timely manner thereafter, the County Fire Marshal shall appoint his or her chief staff officers as Deputy Fire Marshals to operate under the authority of the Nevada County Board of Supervisors. Appointment of Deputy Fire Marshals is subject to ratification by the Board of Supervisors and shall not become effective until said ratification.

Sec. L-V 5.7 Fire Agency Appeals
Appeals from decisions to approve or not to approve permits pursuant to this Article resulting from a dispute as to interpretation of any regulation between the County Fire Marshal or any Fire Chief, or authorized representatives of either, may betaken directly to the Nevada County Building and Accessibility Standards Board of Appeals. Such appeals shall be performed in accordance with Nevada County Land Use and Development Code Chapter V, Section L-V 2.1.

Sec. L-V 5.8 Code Adoption Procedure
A. The County Fire Marshal or his or her designee shall review fire and panic safety regulations adopted by the State pursuant to Health and Safety Code Secs. 13143, et seq. and Public Resources Code Secs. 4290, et seq. and shall recommend to the Board of Supervisors for consideration the adoption of amendments and additions to, or deletions from, such regulations.

B. Upon receipt of the County Fire Marshal's report and recommendations, the Board of Supervisors shall set a public hearing to receive public testimony on the proposed changes.

Sec. UV 5.9 Permits for Burning Operations
Residential open burning, consisting of burning materials originating from one or more single or multiple family dwellings on a premises, including incinerator use, is allowed subject to the provisions of this Code as adopted by Nevada County:

A. Without a permit only during that period when fire danger is determined to be low enough as established from year-to-year by a proclamation of the local California Department of Forestry and Fire Protection (CAL FIRE) Director that burning is not prohibited and burn permits are not needed; B. With a permit issued by CAL FIRE only during that period between open burn and no-burn periods when conditions are appropriate as established from year-to-year by CAL FIRE or its designated agency by a proclamation that burning is not prohibited, but is allowed subject to a permit. ~J

EXHIBIT A
Notwithstanding the foregoing, there shall be no open burning, and no permits may be issued for burning, on days or at times determined to be unsafe by CAL FIRE, or unhealthy by the Northern Sierra Air Quality Management District (NSAQMD) or for open burning in violation of Section 1102.3.

Sec. L-V 5.10 Incinerators, Open Burning and Commercial Barbecue Pits Additional Enforcement Authorized
The Northern Sierra Air Quality Management District and its duly authorized agents are hereby declared to be code enforcement officers of this County for the purpose and with the right of enforcing the provisions of all subsections of this section, including, without limitation, the same authority as the chief to require discontinuance of burning.

Sec. L-V 5.11 Construction
Freestanding incinerators shall be constructed of bricks, concrete, hollow tile, heavy gauge metal or other approved non-combustible material. Incinerators shall be equipped and maintained with a spark arrest constructed of iron, heavy wire mesh, or other non-combustible material with openings not larger than 1 /4- inch.

Sec. L-V 5.12 Fire-Extinguishing Equipment; and Supervision of Incinerator Burning Operations
FIRE-EXTINGUISHING EQUIPMENT. A garden hose connected to an adequate water supply or other approved fire extinguishing equipment shall be available for use when incinerators are in operation.

SUPERVISION OF INCINERATOR BURNING OPERATIONS. When burn permits are required, incinerators, while in use, shall be constantly attended by a person knowledgeable in the use of fire extinguishing equipment required by Sec. L-V 5.12 and familiar with permit limitations that restrict the use of incinerators. An attendant shall supervise the burning material until the fire has been extinguished.

Sec. L-V 5.13 Open Burning
GENERAL. Open burning shall be conducted in accordance with Section 307. Open burning shall also be conducted in accord with requirements of other governing agencies regulating emissions EXCEPTION: Recreational fires shall be in accordance with California Fire Code Section 307.4.2 NOTIFICATION. Prior to commencement of open burning, the resident must ensure that it is a permissive burn day.

MATERIAL RESTRICTIONS. Material to be burned must be properly dried and all open burning be conducted in a manner to minimize smoke and promote quick and complete combustion. Open burning of rubbish containing paper products is prohibited, as is open burning of garbage generally, cloth, plastics, petroleum products, metal, material soiled by food or fecal matter, animals or animal parts, or any similar smoke producing materials. No person shall use open outdoor fires for the purpose of disposal, processing or burning of any flammable combustible material, including, but not limited to, treated wood, tires, tar, plastics, petroleum wastes, demolition debris, garbage, offal, carcasses of dead animals or salvage of metals.

All residential burning of leaves and pine needles shall utilize efficient burn management techniques and in Western Nevada County (as defined in Sec. G-IV 14.A.2 of the Nevada County General Code) shall be restricted to burning where the leaves or pine needles are dry and attached to branches or make up no snore than twenty percent (20%) by volume of any burn pile.

TIME AND ATMOSPHERIC RESTRICTIONS. Open burning shall only be performed when time and atmospheric conditions comply with the limits set forth in the open-burning permit or on a permissive burn day as determined by the Northern Sierra Air Quality Management District. 22 EXHIBIT A
307.4 LOCATION: Open burning shall not be conducted within fifty (50) feet (1525 meters) of any structure.

EXCEPTION: Clearance from structures is allowed to be reduced as follows:

1. Not less than fifteen (15) feet (4.5 meters) when burning is conducted in an approved burning appliance.

2. Not less than twenty-five (25) feet (7.6 meters) when the pile size is three (3) feet (one (1) meter) or less in diameter and two (2) feet (0.6 meters) or less in height.

FIRE-EXTINGUISHING EQUIPMENT. A garden hose connected to a water supply or other approved fire-extinguishing equipment shall be readily available for use at open-burning sites.

SUPERVISION OF OPEN BURNING OPERATIONS. Burning material shall be constantly attended by an adult person knowledgeable in the use of fire extinguishing equipment required by Section 307.5 and familiar with permit limitations that restrict open burning. An attendant shall supervise the burning material until the fire has been extinguished.

DISCONTINUANCE. The chief or a duly authorized agent of the Northern Sierra Air Quality Management District is authorized to require that open burning be immediately discontinued if the chief or agent determines that smoke emissions are offensive to occupants of surrounding property or if the open burning is determined by the chief or agent to constitute a hazardous condition.

Sec. L-V 5.14 2019 California Code Adopted
Adopt the 2022 California Fire Code as printed by International Code Council Inc. and amended by State Fire Marshal Office and including Appendix Chapters B, BB, C, CC, D, F and H.

Sec. L-V 5.15 California Fire Code, Section 105: Permits (add a subsection to read): 105.8 New Materials, Processes or Occupancies Which May Require Permits 105.8 NEW MATERIALS, PROCESSES, OR OCCUPANCIES THAT MAY REQUIRE PERMITS. The Chief of each local fire protection district shall determine and specify, after giving affected persons the opportunity to be heard, any new materials, processes, or occupancies which shall require permits, in addition to those enumerated in said code.

Sec. UV 5.16 California Fire Code, Section 105.6: Required Operational Permits (add subsections to read): 105.6.52 Cannabis Operations; 105.6.53 Organized Camps
l O5.G.52 CANNABIS OPERATIONS. An operational permit is required to operate a commercial cannabis facility or cannabis operation listed below when allowed by State law and the Nevada County Land Use and Development Code:
a) Cultivation
b) Distribution
c) Manufacturing
d) Testing/Laboratories
105.6.53 ORGANIZED CAMPS. An operational permit is required to operate an organized camp.

Sec. UV 5.17 California Fire Code, Section 112.4: Violation Penalties (amend section to read)
A. 110.4 Violation Penalties. Persons who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of approved construction documents or directive of the fire code official, or of a permit or certificate 23 EXHIBIT A
used under provision of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or imprisonment not exceeding 90 days in the County Jail, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The application of the above penalty shall not be the exclusive remedy nor shall the penalty be held to prevent the enforced removal of prohibited conditions.

B. Any person who violates or fails to comply with a notice or order of the Cuurity Fire Mars}~al shall be guilty of a misdemeanor.

Sec. UV 5.18 California Fire Code, Section 112.4: Violation Penalties (add subsection to read) 112.4.2 Reduction of Penalty
1 10.4.2 REDUCTION OF PENALTY. The Fire Chief, in their sole discretion, may reduce any violation from a misdemeanor set forth above to an infraction, publishable by a fine or not more than $500.00.

Sec. UV 5.19 California Fire Code, Section 113.4: Failure to comply (amend section to read) 112.4 FAILURE TO COMPLY. Any person who shall continue work after having been served with the stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of an infraction and be liable to a fine of not less than five hundred dollars or more than one thousand dollars for each day the violation continues unabated.

Sec. UV 5.20 California Fire Code, Section 107.2: Schedule of Permit Fees (amend section to read)
106.2 SCHEDULE OF PERMIT FEES. The Chief of each local fire protection district may charge and receive such fees and charges for services and permits relating to activities of fire prevention pursuant to the Fire Code. Said fees and charges may be set by Resolution of each local fire protection district.

Sec. UV 5.21 California Fire Code, Section 308.1.9: Outdoor Open Flame Appliances (add a subsection to read)
308.1.9 Outdoor Open Flame Appliances. Outdoor open flame appliances, including permanently installed outdoor fireplaces, fire pits, BBQ's, pizza ovens and any other open flame outdoor device that is connected to a residential or commercial gas line service shall be installed in accordance with the following:

1. All parts/assemblies to be tested and certified by UL, CSA, or ANSI.

2. A gas shut-off valve located shall be installed at the stub out and provided with ready access.

3. A second gas shut-off valve shall be located within 3 feet (9115 mm) to 5 feet (1524 mm) of device where the primary shut-off valve is further than 6 feet (1829 mm) from the appliance.

4. The appliance shall include a timer device which allows a maximum operating time of three hours. The timer shall require a manual reset.

5. A separation distance of 10 feet (3048 mm) feet vertically and horizontally shall be provided to all combustible materials, not including the support structure. The separation distance shall be measured from the open flame.

Exception: Where approved by the Fire Code Official, the separation shall be reduced provided the manufacturer's installation guidelines specify a lesser distance to combustible materials.

6. The surface supporting the appliance shall be of an ignition-resistant or fire-resistant material for a distance of 2 feet (610 mm) in all directions from the appliance.

7. The appliance shall produce a maximum flame height of 2 feet (610 mm). 24 EXHIBIT A
Sec. L-V 5.22 California Fire Code, Section 505: Premises Identification (add a subsection to read): 505.3 Utility Identification
5053 UTILITY IDENTIFICATION. Gas and electrical meters, services, switches, and shut-off valves in multi-unit commercial and residential buildings shall be clearly and legibly marked to identify the unit or space that it serves.

Sec. IrV 5.23 California Fire Code, Section 506.1: Key Box (add the following text) A key box, approved by the responsible fire agency, shall be installed in buildings with automatic fire sprinkler and/or fire alarm systems.

The owner or person in charge of the premises shall notify the responsible fire agency without delay when the required keys providing access to the facility have been changed. Proper keys shall be made immediately available.

Sec. L-V 5.24 California Fire Code, Section 603: Electrical Equipment, Wiring and Hazards (add a subsection to read): 603.3.2 Auxiliary Generator Power 604.3.2 AUXILIARY GENERATOR POWER. Any new structure or remodel that has electrical power supplied by a secondary or auxiliary power unit with automatic startup and/or automatic power transfer capabilities shall have an auxiliary power disconnect accessible to fire department personnel. The auxiliary power disconnect switch shall be located within three (3) feet of the main power disconnect switch and identified with a permanently mounted, weatherproof label marked "AUXILIARY POWER DISCONNECT".

Sec. UV 5.25 California Fire Code, Section 903.2.8.1: Group R-3 (amend to read) 903.2.8.1 Group R-3. An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be permitted in Group R-3 occupancies. An automatic sprinkler system shall be installed in new manufactured homes in excess of 1600 square feet, as defined in Health and Safety Code Sections 18007 and 18009, and multiple family manufactured homes with two dwelling units, as defined in Health and Safety Code Section 18008.7, in accordance with Title 25 of the California Code of Regulations.

Sec. UV 5.26 California Fire Code, Section 907: Fire Alarm and Detection Systems (add a subsection to read): 907.11 False Alarms
907.11 FALSE ALARMS. When any fire alarm system sounds an audible alarm or transmits an alarm to a remote location causing an emergency response by a fire district, when no emergency exists, for three or more times in any six month period, the owner, tenant, or lessee of the premises may be billed for the cost of the response in accordance with a fee that may be established by Resolution of said Fire District.

Sec. L-V 5.27 California Fire Code, Section 5706.2.4.4: Location Where Above- Ground Tanks are Prohibited (add exceptions)
EXCEPTIONS:

Storage in conjunction with construction projects complying with Section 5706.2 of this article for which the Chief has issued a permit.

Tanks used for agricultural purposes complying with Section 5706.2. where the need for on-site fuel is necessary for continued operations, and for which a permit has been issued by the Chief.

Existing installations where the Chief has issued a permit for continued use. 25 EXHIBIT A

4. Service stations, repair garages, oil change facilities and commercial operations which accept the return of used crankcase oil, may be permitted to have one aboveground storage tank of up to a five hundred (500) gallon capacity for the purpose of storing used crankcase oil. Section 23] 1.2
Sec. L-V 5.28 California Fire Code, Section 6103: Installation of Equipment (add a subsection to read): 6103.4 High Elevation Requirements 6103.4 HIGH ELEVATION REQUIREMENTS. Above 4,000 feet elevation above sea level, a site plan that includes a liquefied petroleum gas tank shall be approved by the Fire Marshal of the affected Fire District or Fire Authority before issuance of any building permit therefore.

Sec. L-V 5.29 California Fire Code, Section 6107: Safety Precautions and Devices (add a subsection to read): 6107.5 Protecting Appurtenances from the Elements 6107.5 PROTECTING APPURTENANCES FROM THE ELEMENTS. At above 4,000 feet elevation above sea level, a protective cover shall be installed over all gas meters, regulators, valves, and equipment so to provide protection against sliding, drifting, and impacts of snow and ice. The minimum design for the protective cover shall be equal to, or greater than the Building Design Load determined by the Building Department and shall be securely supported tot eh ground or diagonally to the building wall.

Sec. L-V 5.30 California Fire Code Appendix B, Table B105.2: Required Fire-Flow for Buildings Other Than One-and-Two-Family Dwellings, Group R-3 and R-4 Buildings and Townhouses (amend table to read)
Table B105.2
Required Fire-Flow for Buildings Other Than One-and-Two-Family Dwellings, Group R-3 and R-4 Buildings and Townhouses

AUTOMATIC SPRINKLER SYSTEM MINIMUM FIRE-FLOW FLOW DURATION

DESIGN STANDARD) GALLONS PER MINUTE HOURS
Not automatics rinkler s stem Value to Table B105.1 2 Duration in Table B105.1 2 Section 9033.1.1 of the California Fire 50% of the value in Table Duration in Table B105.1(2) at the reduced Code B 105.1 2 a flow rate
Section 903.3. ] .2 of the California Fire 50% of the value in Table Duration in Table B 105.1(2) at the reduced Code B 105.1 2 b flow rate
For SI: l gallon per minute = 3.785 L/m
a. The reduced fire-flow shall not be less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute.

Sec. L-V 5.31 Appendix B: Fire-Flow Requirements for Buildings (add a section to read as follows): B107 Automatic Fire Alarm System
B 107 AUTOMATIC FIRE ALARM SYSTEM. Any structure with a required fire flow of 1,500 to 1,749 gallons per minute, shall have installed throughout an approved fully-supervised automatic smoke and/or heat detection fire alarm system in the following categories:

New buildings;
Existing buildings with new construction exceeding 50% of the gross floor area.

EXCEPTIONS:

Single-family dwellings and related accessory outbuildings.

Buildings that have an automatic fire sprinkler system installed throughout the building. 26 EXHIBIT A
Sec. L-V 5.32 Appendix B: Fire-Flow Requirements for Buildings (add a section to read as follows): B108 Automatic Fire Sprinkler System
B108 AUTOMATIC FIRE SPRINKLER SYSTEM. Any structure with a required fire flow of 1,750 gallons per minute or more shall have installed throughout, an approved fully-supervised automatic fire sprinkler system in the following categories:

New buildings;
Existing buildings with new construction exceeding 50% of the gross floor area.

EXCEPTIONS:

Single-family dwellings and related accessory outbuildings.

Sec. UV 5.33 Appendix C: Fire Hydrant Location and Distribution (add a section to read as follows): C106 Location of Dry Hydrants
C 106 LOCATION OF DRY HYDRANTS
C106.1 DRY HYDRANT LOCATION. The dry hydrant shall be readily accessible by fire apparatus and shall be located not more than 1,000 feet from the parcel to be served and not less than fifty (50) feet from any structure to be served by the system.

C106.1.1 ADJACENT TO ROADWAY. The dry hydrant shall be located within ten (10) feet of the driveway or other approved access roadway.

C106.1.2 SERVING SINGLE STRUCTURE. If the dry hydrant is located along the driveway serving a single structure, or along the primary access roadway serving multiple structures, the connection shall be located in such a manner that fire apparatus can utilize the hydrant without obstructing the access roadway.

C106.2 TURNOUT CONSTRUCTION. An approved turnout, consisting of a 10-foot wide driving surface for a distance of 25 feet plus a 25-foot taper on either end (total length of 75 feet), shall be provided when the dry hydrant is placed adjacent to a single lane access roadway or where fire apparatus using the hydrant would obstruct the access roadway.

C106.3 VEGETATION CLEARANCE. All flammable vegetation within 10 feet of the dry hydrant shall be removed.

Sec. UV 5.34 Appendix C: Fire Hydrant Location and Distribution (add a section to reed as follows): C107 Installation of Dry Hydrants
C 107 INSTALLATION OF DRY HYDRANTS
C107.1 DRY HYDRANT SUPPLY PIPING. Pipe supplying the dry hydrant shall be not less than 4 inches in diameter.

C107.1.1 PVC PIPING. If PVC piping is used, the piping shall be Schedule 40, or better.

C107.2 ULTRAVIOLET PROTECTION. Exposed PVC piping shall be primed and painted with epoxy paint, or otherwise protected from damage that could be caused by exposure to sunlight, in an approved manner.

C 107.3 CORROSION PROTECTION. If galvanized steel piping is used, piping that is in contact with the soil shall be wrapped with 2 layers of Mil Tape or otherwise protected from corrosion in an approved manner.

Sec. IrV 5.35 Appendix C: Fire Hydrant Location and Distribution (add a section to read as follows): C108 Dry hydrant connection
C 108 DRY HYDRANT CONNECTION
27 EXHIBIT A
C108.1 SIZE AND THREADS. The connection for the dry hydrant shall consist of a 4-1/2 inch threaded male fitting with National Standard Threads. The connection shall be provided with an approved cap to protect the threads and to protect the water supply from contamination.

C108.2 HEIGHT. The connection for the dry hydrant shall be located between l8 inches and 36 inches above the finished grade.

C1083 SUPPORT BRACE. If PVC piping is used for the dry hydrant, an approved brace or support shall be provided to support the connection.

Sec. UV 5.36 Appendix C: Fire Hydrant Location and Distribution (add a section to read as follows): C109 Freeze Protection
C 109 FREEZE PROTECTION
C109.1 CONTROL VALVE. If the dry hydrant connection is located lower than the water source, such as a storage tank, an approved valve at the base of the dry hydrant shall be provided to control the water flow.

C109.2 DRAINAGE. Provisions shall be made to drain any standing water from the piping above the valve.

C109.3 EXPOSED PIPING. Any exposed piping that contains water shall be protected from freezing in an approved manner.

Sec. UV 5.37 Appendix C: Fire Hydrant Location and Distribution (add a section to read as follows): C110 Venting of Closed Containers
C ] 10 VENTING OF CLOSED CONTAINERS
C110.1 TANK VENTING. Closed storage tanks shall be vented in an approved manner.

C110.1.1 SIZE. Vent piping shall be equal to, or larger than, the size of the piping serving the dry hydrant.

C110.1.2 PROTECTION. The vent opening shall be screened with an approved material to prevent obstruction of the vent or contamination of the water supply.

Sec. UV 5.38 Appendix C: Fire Hydrant Location and Distribution (add a section to reed as follows): Clll Lakes, Reservoirs, and Ponds
C] 11 LAKES, RESERVOIRS, AND PONDS
C111.1 OPEN WATER SOURCES. When the water supply consists of an open water source such as a lake, reservoir, or pond, the following shall apply:

1. If the distance between the water source and the dry hydrant is greater than 100 feet, a minimum 6-inch piping shall be used to supply the dry hydrant.

2. The piping between the base of the dry hydrant and the water source shall be buried at least 3 feet below the finished grade.

3. The end of the piping located in the water source shall be located a minimum of 2 feet above the bottom surface of the water source and a minimum of 2 feet below the lowest recorded level of the top surface of the water source.

4. The end of the piping located in the water source shall be fitted with a commercially manufactured dry hydrant strainer, ahand-made strainer consisting of a capped section of pipe with 1000 holes that are 5/16 inch in diameter drilled along the length, or equal.

5. The distance between the lowest recorded level of the water surface and the connection for the dry hydrant shall not exceed ] 0 vertical feet.

Sec. UV 5.39 Appendix C: Fire Hydrant Location and Distribution (add a section to read as follows): C112 Water Supply Signage
28 EXHIBIT A
CI l2 WATER SUPPLY SIGNAGE
Cl 12.1 SIGNS. Approved signs indicating the size, location, and access travel route to a fire protection water storage facility shall be provided in such a manner that all pe►-tinent information relating to the facility is clearly identified.

C112.1.1 MOUNTING AND SIZE. All signs shall be mounted on noncombustible posts, shall be a minimum of 18" by 24" in size, and shall be a minimum of 0.080 gauge metal.

C112.1.2 BACKGROUND AND LETTERING. The signs) shall have a reflective blue background with a minimum of 3" high reflective lettering that sharply contrasts with the background.

C 112.2 FIXED WATER SUPPLY. If the water supply consists of a fixed amount, such as an underground or aboveground storage tank, the sign shall be located on or adjacent to the facility. The sign shall be clearly visible and legible from the access roadway serving the facility. The lettering on the sign shall be arranged as shown in the following example:
6,000 Gallon
Fire Protection
Water Supply
C112.3 ACCESS ROUTE. If the water storage facility consists of a reservoir, pond, or similar facility, at least one sign shall be provided at the intersection of the primary access roadway serving the area and the access roadway serving the water storage facility. This sign shall be located in such a manner that it is clearly visible and legible from the primary access roadway serving the area. Additional signs shall be provided along the access roadway serving the water storage facility if the route of travel is not easily recognized. The lettering on the sign shall be arranged as shown in the following example:

Access to
Fire Protection
Water Supply
Sec. L-V 5.40 Appendix D, Section D101: General (add a paragraph to read as follows)
The Jurisdiction having authority may allow alternative minimum standards as promulgated by the California Public Resources Code 4290.
29 EXHIBIT A
ARTICLE 6

PERMIT FEES
Section:

Sec. L-V 6.1 Waive• of Fees; Declaration of Emergency
Sec. UV 6.1 Waiver of Fees; Declaration of Emergency
A. The provisions of this Section shall be retroactive to and effective as of August 8, 1994.

B. Building permit fees shall be waived for the reconstruction of any building or improvement which is damaged or destroyed during a disaster for which the Board of Supervisors adopts a Resolution containing a declaration of emergency. The waiver of the building permit fees shall apply only as to the owner of any property at the time of the disaster. The waiver shall be effective for the rebuilding on the site damaged or destroyed by the disaster or, if the property owner suffering the loss so chooses, at such other site in the unincorporated territory of the County as the property owner selects for the reconstruction of his or her residence.

C. The waiver of fees shall apply only for the original term (life) of the building permit and any renewal or transfer thereof shall be accompanied by the customary fees as established by the County.

D. The waiver of fees shall be allowed only if (1) within one year from the date of the declaration of emergency, the property owner files for a building permit to reconstruct a home or other structure, and (2) executes a certification that the property owner qualifies for a waiver of fees under the provisions of this Section in the form as approved by the County Counsel's Office.

E. As used in this Section, "building permit fees" or "permit fees" include all County assessed fees relating to the reconstruction of a home or other structure including all Planning, Environmental Health, Department of Transportation, Landfill and Building Department fees. "Reconstruction" means the repair or replacement of a damaged or destroyed structure which was originally lawfully erected, not exceeding the total square footage (area) of the previously existing structure and includes, but is not limited to, damage to any electrical, mechanical, sewer or septic system or any similar system. If the property owner requests permits to build a lArger home or structure than previously was lawfully erected, the building permit fees and all mitigation and development fees shall be assessed based upon the net increase in gross building area.

F. Except as otherwise provided in this Section, no road development fees, fire mitigation fees, school mitigation fees or any other mitigation fees of any type shall be assessed or collected by the County as a condition to the issuance of any building permit for the reconstruction of any property damaged or destroyed by a disaster for which there has been a declaration of emergency.

G. Whenever a Resolution containing a declaration of emergency is presented to the Board of Supervisors, the County Executive Officer shall include an estimate of the number of structures that were damaged by the disaster. Whenever the Board of Supervisors adopts a declaration of emergency which triggers the waiver of fees in accordance with the provisions of this Section, each fee department shall keep adequate records reflecting the amount of unfunded service that is provided pursuant to the waiver of fees which deficit should be made up by a transfer from the County's contingency fund.
30 EXHIBIT A
ARTICLE 7

CALIFORNIA PLUMBING CODE AMENDMENTS
Sections:

Sec. L-V 7.0 Amendments Adopted
Sec. L-V 7.1 Appendix Chapters Adopted
Sec. L-V 7.2 Division II Administration, Section 104.5 Fees (change to read) Sec. L-V 7.3 Division II Administration, Section 104.3.2 Plan Review Fees (change to read) Sec. L-V 7.4 Division II Administration, Section 104.3.3 Time Limitation of Application (change to read)
Sec. L-V 7.5 Division II Administration, Section 104.4.3 Expiration (change to read) Sec. L-V 7.6 Division II Administration, Section 104.5.1 Work Commencing Before Permit Issuance (change to read)
Sec. L-V 7.7 Division II Administration, Section 107.0 Board of Appeals (change to read) Sec. L-V 7.8 Section 312.0: Protection of Piping, Materials, and Structures (add text to read)
Sec. L-V 7.9 Section 606.0: Valves (add a subsection to read): Section 606.9 Water Supply Valve Freeze Protection
Sec. L-V 7.10 Section 609.1: Installation (add text to read) Sec. L-V 7.11 Section 721.0: Location (change to read)
Sec. L-V 7.12 Section 906.7: Vent Termination: Frost or Snow Closure (change to read) Sec. L-V 7.13 Section 1212.11 Liquefied Petroleum Gas Facilities and Piping (add the following subsection and text)
Sec. IrV 7.0 Amendments Adopted
The California Plumbing Code as adopted by Section L-V 1.4 is adopted with the following amendments:

Sec. L-V 7.1 California Plumbing Code
Adopt the following Appendix Chapters from the 2019 California Plumbing Code: Appendix A, B, D, G and I.

Sec. L-V 7.2 Division II Administration Section 104.5: Fees (change to read) Fees shall be as set forth in the fee schedule adopted by Resolution of the Nevada County Board of Supervisors.

Sec. L-V 7.3 Division II Administration Section 104.3.2: Plan Review Fees (change to read) Plan review fees shall be as set forth in the fee schedule adopted by Resolution of the Nevada County Board of Supervisors.

Sec. L-V 7.4 Division II Administration, Section 104.3.3 Time Limitation of Application (change to read)
Refer to L-V 2.6, Section 105.3.2.

Sec. L-V 7.5 Division II Administration, Section 104.4.3 Expiration (change to read) Refer to L-V 2.7, Section 105.5.
31 EXHIBIT A
Sec. UV 7.6 Division II Administration, Section 104.5.1 Work Commencing Before Permit Issuance (change to read)
Refer to L-V 2.9, Section 109.4.

Sec. UV 7.7 Division II Administration, Section 107.0 Board of Appeals (change to read) Refer to L-V 2.1, Section 1 ] 3.

Sec. L-V 7.8 Section 312.0: Protection of Piping, Materials, and Structures (add text to read)
Above 4,000 feet elevation above sea level, when structural conditions necessitate installation of water piping in exterior walls ar above ceilings of buildings, the pipes shall be installed to the inside edge of the wall or ceiling framing and insulated, on the unheated side of the pipes, with at least R-19 insulation or equivalent.

Above 4,000 feet elevation above sea level all cold water piping shall be graded back to the water service.

Hot water lines shall be sloped to a bleeder valve or valves that are readily accessible. Gravity drains or other approved devices may be used to satisfy this requirement. No part of such water lines shall be trapped.

Sec. UV 7.9 Section 606.0: Valves (add a subsection to read): Section 606.11 Water Supply Valve Freeze Protection
Section 606.11 WATER SUPPLY VALVE FREEZE PROTECTION. Above 4,000 feet elevation above sea level the building water service line shall be equipped with a "stop and drain" valve located where the line daylights out of the ground within the building footprint. The drain port of the valve shall be protected from blockage by the use of a sleeve or box over the valve. The valve shall be protected from freezing with insulation material and fitted with a handle that is readily accessible.

Sec. UV 7.10 Section 609.1: Installation (add text to read) Above 4,000 feet elevation above sea level water supply yard piping shall be protected from freezing by a minimum of 36 inches of earth covering and shall be extended to within the building footprint before daylighting out of the ground.

Sec. UV 7.11 Section 721.0: Location (change to read)
A. No building sewer or private sewage disposal system or part thereof shall be located in any lot other than the lot which is the site of the building or structure served by such sewer or private sewage disposal system or part thereof; nor shall any building sewer or private sewage disposal system or part thereof be located at any point having less than the minimum distances indicated in Table 72].1, except as provided in subsection B and C ofthis Section.

B. Nothing contained in this code shall be construed to prohibit the use of all or part of an abutting or a separate lot to:

1. Provide access to connect a building sewer to an available public sewer when proper cause and legal easement not in violation of other requirements has first been established to the satisfaction of the County Environmental Health Department.

2. Provide additional space for a building sewer or a private sewage disposal system or part thereof, when proper cause and transfer of ownership, or change of boundary, or legal easement not in violation of other requirements has first been established to the satisfaction of the County. The instrument recording such action shall constitute an agreement with the County which shall clearly state and show that the areas so joined or used shall be maintained as a unit during the time they are so used. Such an 32 EXHIBIT A
agreement shall be recorded in the office of the County Recorder as part of the conditions of ownership and use of said properties and shall be binding on all heirs, successors, and assigns of such properties. A copy of the instrument recording such proceedings shall be filed with the County Environmental Health Depa►~tment.

C. Nothing contained herein shall be construed to prohibit a private sewer line from crossing a public street providing, however, that such use of the public street shall be authorized by an encroachment permit which shall expressly state thereon that it is subject to revocation by the County by giving five (5) days advance notice, and thereafter the encroachment shall be removed and the use of the property shall cease unless sewage disposal is authorized in some other manner as approved by law. Any such encroachment permit shall be recorded with the County Recorder as part of the agreement required hereinabove.

D. Use of an unabutting lot for a private sewage disposal system may be allowed by the County Environmental Health Department only if all of the following conditions exist:

1. Testing and observation as required by Chapter VI of the Nevada County Land Use and Development Code clearly reveal that the lots) from which sewage will be generated does not meet the standards for conventional, special design or alternative/advanced wastewater disposal as defined therein; and

2. The applicant can demonstrate to the County Environmental Health Department that said lot would be unbuildable without utilization of an unabutting lot for sewage disposal; and

3. Only one (1) public or private street, highway or right-of-way is to be crossed by the sewer line from the subject lot; and

4. Only one (1) unabutting lot is to be crossed by the sewer line from the subject lot; and

5. The building or site to be served is no more than five hundred (500) feet from the unabutting lot where sewage disposal is proposed; and

6. Compliance with Article 3, Chapter VI of the Nevada County Land Use and Development Code is ascertained, if appropriate; and

7. The parcels under consideration were created prior to the effective date of 11/05/96.

E. Lots where sewage is to be generated and/or where sewage disposal is proposed that abut to each other or each to another shall be exempt from the requirements in subsection C above provided the proposed sewage collection, treatment and disposal system meets all other requirements of Chapter VI of the Nevada County Land Use and Development Code and the California Plumbing Code.

Sec. L-V 7.12 Section 906.7: Vent Termination: Frost or Snow Closure (change to read) Above 4,000 feet elevation above sea level al] vent terminals shall be protected from closure and sliding snow and ice by the use of formed metal crickets. The metal crickets shall have a minimum vertical height (at the apex) at least one-half of the required vertical height of the vent extension above the roof. In no case shall the cricket measure less than 8 inches at the apex. The cricket and flashing shall be secured to the roof framing and sheathing to withstand the shear loads anticipated. Combined flashing and cricket units may be used. Vent pipes shall extend through their flashings and be tightly sealed at the point of penetration so as to prevent the return of sewer gases into the structure.

EXCEPTION: Vent terminals which are made within 36 inches of the ridge or on roofs having a pitch of 2 in 12 or flatter shall not be required to have crickets.

Sec. L-V 7.13 Section 1212.11 Liquefied Petroleum Gas Facilities and Piping (add the following subsection and text)
33 EXHIBIT A
The subsection shall apply to all new liquefied petroleum gas (LPG) installations and to existing installations when LPG service is reconnected after service is interrupted that are above 4,000 foot elevation.

A. Two stage regulator/systems shall be installed on all LPG installations with approved steel or PE piping, installed in accordance with the California Plumbing Code and manufactures installation instructions and specifications.

B. The first stage regulator shall be installed under the hinged gauge cover supplied with the tank.

The atmospheric pressure aperture of the regulator shall be pointed downward. The first stage regulator shall be plumbed to the riser of the yard piping with soft copper tubing or schedule 40 steel pipe with two 90 degree elbow swing joints (one at the top and one below grade) to allow flexibility should tank shifting occur. The riser from the yard piping shall be located not more than three (3) inches (horizontally) from the walls of the tank. The propane tank shall be placed on reinforced concrete supports and securely attached thereto.

C. The second stage regulator and riser pipe shall be installed on the gable end of the building at least 20 feet from or out of the direct line of discharge of adjacent shedding roofs. The riser shall have swing joints below grade and be 1.5 - 3.5 inches from the wall surface and securely supported/braced to the wall approximately ten inches below the regulator so as to prevent bending of the pipe by lateral snow/ice loads. Second stage regulators installed on the front of a garage shall be protected by a bollard in conformance with the California Fire Code.

Exception 1: On round, octagon or similarly-shaped structures (without gable ends) the riser may be located under the eaves when approved by the Building Official.

Exception 2: On existing services that are reconnected after service is interrupted, where relocation of the riser is not possible due to structural or topographical constraints the riser may be located under the eave with the approval of the Building Official.

D. A protective cover, engineered for• the snow load of the area, shall be installed over the second stage regulator and securely supported to the ground or diagonally to the building wall. When supported to the ground, the footing for the supports shall be founded 18 inches below finished grade and the supporting posts shall be securely fastened to the footing and the cover to prevent dislocation of the supports. When supported diagonally to the wall, the supports shall extend from the drip edge of the cover back to the wall. The angle formed by the supports and the wall shall not exceed 45 degrees from vertical. Existing decks that are used to cover the second stage regulator shall be designed for the snow load.

E. The riser pipes for the yard piping shall not be imbedded in concrete. Concrete placed around such riser shall be held back at least one (1) inch from all sides of the pipe.

F. Location of the shutoff valve at the LPG tank shall be permanently marked by the use of a colorcoded snow stake identifying the gas supplier. This stake shall be placed direction adjacent to the tank at the center line of the valve cover and on all sides opposite the yard piping riser. Such stake shall be sufficient height to be visible through anticipated maximum snow depth at the respective location. Installation and maintenance ofthis snow stake in the responsibility of the LPG user. An LPG shutoff valve shall also be installed at the house under the regulator cover. This valve shall be identified by a placard on the wall directly over the regulator cover and above the anticipated depth of snow.
34 EXHIBIT A
ARTICLE 8

CALIFORNIA MECHANICAL CODE AMENDMENTS
Sections:

Sec. L-V 8.0 Amendments Adopted
Sec. L-V 8.1 Appendix Chapters Adopted
Sec. L-V 8.2 Division II Administration, Section 107.0: Board of Appeals, General (change to read)
Sec. L-V 8.3 Division II Administration Section 104.5: Fees (change to read) Sec. L-V 8.4 Division II Administration Section 104.3.2: Plan Review Fees (change to read) Sec. L-V 8.5 Division II Administration, Section 104.3.3 Time Limitation of Application (change to read)
Sec. L-V 8.6 Division II Administration, Section 104.4.3 Expiration (change to read) Sec. L-V 8.7 Division II Administration, Section 104.5.1 Work Commencing Before Permit Issuance (change to read)
Sec. L-V 8.8 Section 303.7: Liquefied Petroleum Gas Facilities, Section 303.7.2 Liquefied Petroleum Gas Appliances: (add the following text)
Sec. L-V 8.9 Section 802.2.6: Direct Vent Appliances: (add the following text) Sec. L-V 8.10 Section 802.3.3.5 Exit Terminals (add the following) Sec. L-V 8.11 Section 802.6.1 Gas Vents, Termination Requirements: (add the following text)
Sec. L-V 8.0 Amendments Adopted
The California Mechanical Code as adopted by Section L-V 1.4 is adopted with the following amendments:

Sec. L-V 8.1 California Mechanical Code
Adopt the following Appendix Chapters from the 2019 California Mechanical Code): Appendix B and Appendix C.

Sec. L-V 8.2 Division II Administration Section: 107.0 Board of Appeals, General (change to read)
Appeals resulting from decisions or determinations made by the Building Official relative to the application and interpretation of this code shall be heard by the Building and Accessibility Standards Board of Appeals as set forth in Section L-V 2.1 of the Nevada County Land Use and Development Code.

Sec. L-V 8.3 Division II Administration Section 104.5: Fees (change to read) Fees shall be as set forth in the fee schedule adopted by Resolution of the Nevada County Board of Supervisors.

Sec. L-V 8.4 Division II Administration Section 104.3.2: Plan Review Fees (change to read) Plan review fees shall be as set forth in the fee schedule adopted by Resolution of the Nevada County Board of Supervisors.

Sec. L-V 8.5 Division II Administration, Section 104.3.3 Time Limitation of Application (change to read)
Refer to L-V 2.6, Section 105.3.2.
35 EXHIBIT A
Sec. UV 8.6 Division II Administration, Section 104.4.3 Expiration (change to read) Refer to L-V 2.7, Section 105.5.

Sec. UV 8.7 Division II Administration, Section 104.5.1 Work Commencing Before Permit Issuance (change to read)
Refer to L-V 2.9, Section 109.4.

Sec. UV 8.8 Section 303.7: Liquefied Petroleum Gas Facilities (add the following text):

Section 303.7.2 Liquefied Petroleum Gas Appliances
A 3-inch gravity drain shall be provided at the low point of the space, installed so as to provide 1/4-inch per foot grade and terminate at an exterior point of the building protected from blockage. The opening shall be screened with acorrosion-resistant wire mesh with mcsh openings of 1/4-inch in dimension. Lengths of the gravity drains over 10 feet in length shall be first approved by the Building Official.

Sec. UV 8.9 Section 802.2.6: Direct-Vent Appliances (add the following) Vent terminals of direct-vent appliances shall terminate above the anticipated snow depth.

Direct vent appliance terminations shall not be located under decks which could be sealed off around the perimeter with snow accumulation.

Above 4,000 feet elevation above sea level all direct vent terminations shall be protected from closure and sliding snow and ice by the use of formed metal crickets. The metal crickets shall have a minimum vertical height (at the apex) at least one-half of the required vertical height of the vent extension above the roof. In no case shall the cricket measure less than 8 inches at the apex. The cricket and flashing shall be secured to the roof framing and sheathing to withstand the shear loads anticipated. Combined flashing and cricket units may be used. Vent pipes shall extend through their flashings and be tightly sealed at the point of penetration so as to prevent the return of sewer gases into the structure. All appliance vents, flues and chimneys shall be strapped to the cricket near its apex with a galvanized steel strap with a minimum thickness of 16 gauge.

EXCEPTION: Vent terminations which are made within 36 inches of the ridge or on roofs having a pitch of 2 in 12 or flatter shall not be required to have crickets.

Sec. UV 8.10 Section 802.3.3.5 Exit Terminals (add the following) Exit terminals and combustion air intakes shall not be located under decks which could be sealed off around the perimeter with snow accumulation.

Above 4,000 feet elevation above sea level all vent exit terminals shall be protected from closure and sliding snow and ice by the use of formed metal crickets. The metal crickets shall have a minimum vertical height (at the apex) at least one-half of the required vertical height of the vent extension above the roof. In no case shall the cricket measure less than 8 inches at the apex. The cricket and flashing shall be secured to the roof framing and sheathing to withstand the shear loads anticipated. Combined flashing and cricket units may be used. Vent pipes shall extend through their flashings and be tightly sealed at the point of penetration so as to prevent the return of sewer gases into the structure. All appliance vents, flues and chimneys shall be strapped to the cricket near its apex with a galvanized steel strap with a minimum thickness of l6 gauge.

EXCEPTION: Exit terminals which are made within 36 inches of the ridge or on roofs having a pitch of 2 in 12 or flatter shall not be required to have crickets.

Sec. UV 8.11 Section 802.6.1 Gas Vent Termination: (add the following) Gas Vents shall terminate above the anticipated snow depth.

Gas vent terminations shall not be located under decks which could be sealed off around the perimeter with snow accumulation.

EXHIBIT A
Above 4,000 feet elevation above sea level all gas vent terminations shall be protected from closure and sliding snow and ice by the use of formed metal crickets. The metal crickets shall have a minim~nn vertical height (at the apex) at least one-half of the required vertical height of the vent extension above the roof. In no case shall the cricket measure less than 8 inches at the apex. The cricket and flashing shall be secured to the roof framing and sheathing to withstand the shear loads anticipated. Combined flashing and cricket units may be used. Vent pipes shall extend through their flashings and be tightly sealed at the point of penetration so as to prevent the return of sewer gases into the structure. All appliance vents, flues and chimneys shall be strapped to the cricket near its apex with a galvanized steel strap with a minimum thickness of 16 gauge.

EXCEPTION: Gas vent terminations which are made within 36 inches of the ridge or on roofs having a pitch of 2 in 12 or flatter shall not be required to have crickets. 37 EXHIBIT A
Article 9
International Swinuning Pool and Spa Code Amendments
Sections:

Sec. L-V 9.0 Amendments Adopted
Sec. L-V 9.1 Division II Administration, Section 105.4 Time Limitation of Application (change to read)
Sec. L-V 9.2 Division II Administration, Section 105.5.3 Expiration (change to read) Sec. UV 9.3 Division II Administration, Section 105.6.1 Work Commencing Before Permit Issuance (change to read)
Sec. L-V 9.4 Section 105.6 Fees &Section 105.6.2 Fee Schedule: (change to read) Sec. L-V 9.5 Section 108 Means of Appeal: (change to read) Sec. UV 9.0 Amendments Adopted
The International Swimming Pool and Spa Code as adopted by Section L-V 1.4 is adopted with tl~e following amendments:

Sec. L-V 9.1 Division II Administration, Section 10.5.4 Time Limitation of Application (change to read)
Refer to L-V 2.6, Section 105.3.2.

Sec. L-V 9.2 Division II Administration, Section 105.5.3 Expiration (change to read) Refer to L-V 2.7, Section 105.5.

Sec. L-V 9.3 Division II Administration, Section 105.(.1 Worlc Commencing Before Permit Issuance (change to read)
Refer to L-V 2.9, Section 109.4.

Sec. L-V 9.4 Section 105.6 Fees &Section 105.6.2 Fee Schedule: (change to read) Permit and plan review fees shall be as set forth in the fee schedule adopted by Resolution of the Nevada County Board of Supervisors.

Sec. L-V 9.5 Section 108 Means of Appeal: (change to read) Appeals resulting from decisions or determinations made by the Building Official relative to the application and interpretation of this Code shall be heard by the Building and Accessibility Standards Board of Appeals as set forth in Section L-V 2.1 of the Nevada County Land Use and Development Code. 38 EXHIBIT A
ARTICLE 10

REPEALED
39 EXHIBIT A
Article 11
Landfor►n Grading for Agriculture
Sections:

Sec. L-V 11.1
Sec. L-V 11.2
Sec. UV 11.3
Sec. UV 11.4
Sec. UV 11.5
Sec. UV 11.6
Intent
Applicability
Criteria
Procedure
Fees
Appeals
Sec. L-V 11.1 Intent
In adopting this Article, it is the intent of the Board of Supervisors to adopt, in addition to the exemption for cultivation of land to raise crops, a more comprehensive exemption from grading permit requirements for other clearing and grading of land for agricultural operations, subject to criteria and procedures to avoid abuse. The purpose of this Article is to promote long-term viable agricultural use of agricultural lands while protecting natural resources and to provide reasonable minimum standards that will prevent maninduced land failures while controlling erosion, drainage and sediment discharge.

Sec. L-V 11.2 Applicability
Clearing and grading of land for agricultural operations may be exempted from grading permit requirements by the Building Department upon verification that a bona fide agricultural project is involved and a permit exemption has been recommended by the Agricultural Commissioner. An exemption under this section shall only be approved upon: 1) written verification by the landowner, which shall be deemed to be binding upon the landowner and any successors in interest; and 2) the permit-exempted lands shall be used for agricultural operations for a period of at least five (5) years following the granting of the exemption, provided all of the criteria established in this Article are met and there is full compliance with all of the procedures set forth in this Article 10.

Sec. L-V 11.3 Criteria
To qualify as other clearing and grading of land for agricultural operations that may be exempted from grading permit requirements pursuant to this Article, all of the following criteria must be met:

1. The land to be cleared and/or graded is zoned for agricultural use as:
a. "AG" (General Agriculture), or
b. "AE" (Agricultural Exclusive), or
c. "RA" (Residential Agriculture) where the parcel is 3 acres or more in size and the General Plan designation is Rural;

2. The clearing and/or grading is exclusively for agricultural purposes not associated with buildings that require a building permit;

3. Any vegetation removal or soil disturbance is outside any floodplain, watercourse, wetland or riparian area and any non-disturbance buffer for those areas as defined in Section L-II 43;

4. The work occurs on slopes of thirty percent (30%) or less;

5. The work does not disturb cultural resources;

6. Any excavated material remains on site, without changing the natural terrain or drainage and without creating any cuts or fills, except as follows:
a. The work, if associated with construction or maintenance of a pond for livestock raised on site, aquaculture or irrigation, does not create a dam that exceeds two feet in height above grade, an excavation in excess of six feet or a storage capacity of more than ten acre feet 40 EXHIBIT A
and results in no adverse hydrological impacts upon surrounding properties that are not mitigated to a level of insignificance, or
b. The work, if associated with construction of a farm or ranch road, is solely for the purpose of providing on-site access to water supplies, storage areas, grazing/crop lands or fence lines, does not service a structure requiring a building permit, and does not create a cut or• fill greater than two feet in height;

7. Projects potentially impacting heritage oak groves or trees, as defined in LUDC Section L-II

4.3.15.B and verified by a field inspection conducted by the Agricultural Commissioner or his/her agent, shall provide a management plan as defined in LUDO Section L-II 433.0 Resource Standards. A Management Plan to mitigate the impacts of the proposed project on landmark trees or groves shall be required." An Agricultural Grading Exemption shall be denied to parcels or sites where these resources exist, and no mitigation and/or avoidance is available through the Management Plan process.

8. To the extent possible, all work will be conducted between April 15th and October 15th to avoid the rainy season. Any work before April 15th or after October 15th of any year shall be permitted only if disclosed in the application and approved in the Permit Exemption. To secure such approval, the applicant shall submit an erosion and sediment control plan, including an effective re-vegetation program to stabilize all disturbed areas, expressly approved in writing by a State Certified Professional Erosion and Sediment Control (CPESC). If grading occurs, or if the land is left open and unplanted during the period from October 15th to April 15th, all projects over 2,500 square feet on slopes over 15% in areas of moderate to high erosion potential as defined by the Soil Survey of Nevada County, shall have an Erosion and Sediment Control Plan expressly approved in writing by the State Certified Professional Erosion and Sediment Control (CPESC) and shall be implemented after October 15th, and maintained through April 15th.

9. Projects shall be in compliance with the RWQCB regarding Clean Water Act requirements, and all other applicable laws.

10. The following conditions of approval shall be applied to all projects approved through this agricultural grading exemption:
a. The applicant shall be responsible for ensuring that all adequate dust control measures are implemented in a timely manner during all phases of the proposed project. b. Fugitive dust emissions resulting from site clearing shall be minimized at all times, utilizing control measures including dust palliatives, regularly applied water, graveled or paved roads, etc. Control measures shall be noted on grading plans. c. All land clearing, grading, earth moving, or excavation activities on a project shall be suspended to prevent excessive windblown dust when winds are expected to exceed 20 mph.

11. Verification of NSAQMD clearance shall be filed with the Agricultural Commissioner prior to any surface disturbance (including clearing and grubbing) associated with agricultural (or other) road construction in any of the sections listed in the table. Mapping of areas of ultramafic rock serpentine occurrence within the project area shall be on file at the Agricultural Commissioner's office. In addition, if naturally occurring ultramafic rocWserpentine is discovered once grading for a road commences, the NSAQMD must be notified no later than the next business day and requirements in CCR, Title 17, Section 93105 must be implemented within 24 hours.

G~

EXHIBIT A
Sections Mapped as Containing Ultramafic Rock/Serpentine in Nevada County Ran e East Townshi North Sections
6 l4 23, 25, 26
7 14 1, l2, 13
8 ] 4 4, 5, 6, 7, 8, 9, l 6, 17, ] 8, 20, 21, 28, 29, 32 15 29, 32, 33
16 4, 5, 8, 9, 10, 11, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27 l7 29, 30, 3l, 32
9 16 19, 30, 31
18 13, 24
]0 16 13, 24
17 1, 2, 11, 12, 13, 14, 16, 17, 23, 24
18 9, ]0, 11, 12, 13, ]4, 15, 16, 17, 18, 24, 25, 26, 35, 36 1 l l6 5, 6, 7, 8, 17, 18, l9
17 18, 19, 32
12 17 24, 25
13 17 19, 30
Sec. UV 11.4 Procedure
A. Exceptions pursuant to this Article must be applied for and a permit exemption may be granted hereunder only if each of the following procedures is fully complied with and completed in the order specified:

The applicant obtains, completes and submits to the Agriculture Commissioner:
a. an "Agricultural Clearing/Grading Permit Exemption Form" provided by the Building Department;
b. an Agricultural Project Plan acceptable in form and content to the Agricultural Commissioner; and
c. a binding commitment of five (5) years to continue use of the permit-exempted lands for agricultural operations acceptable in form and content to County Counsel.

2. The Agriculture Commissioner reviews the submitted "Agricultural Clearing/Grading Permit Exemption Form and Agricultural Project Plan and, based upon field verification of the information therein, determines that the clearing or grading proposed is for a bona fide agricultural project and recommends approval of the requested exemption to the Building Department.

3. The Agricultural Commissioner shall review applications for positive occurrence of rare or threatened species. Applications within proximity to endangered, rare or threatened species as shown on the California Natural Diversity Database (CNDDB) shall provide biologists report to verify if occurrence or absence of resource. Applications with State or Federally listed species shall require permit through jurisdictional agency (USFWS or CDFG) prior to issuance of an exemption.

4. To verify potential riparian resources for applicants for the agricultural grading exemption, all applications submitted to the Agricultural Commissioner shall include a mapping of the parcel or parcels for which the application is made, a map showing all Lakes, Rivers, FEMA Flood Zone on a background map of the USGS topographic maps, as provided by the County of Nevada GIS system public mapping resources. Mapping shall be verified during field inspection by staff biologist for other wetland habitats.

5. The Building Department reviews the application and considers the recommendation of the Agriculture Commissioner, determines that the proposed project meets all of the criteria 42 EXHIBIT A
and satisfies all of the procedures required for exemption, and approves the exemption request, notifying the applicant in writing of a favorable decision.

6. Notification of granting of the Agricultural Grading Exemption by the Building Department shall include the following statement: "Any person involved in any form of gt•ound disturbance is advised of the remote possibility of encountering subsurface cultural or historic resources. If such resources are encountered or suspected, all subsurface work within 200 feet of the potential cultural or historic discovery shall be halted immediately, and the Planning Department and a professional archaeologist shall be consulted who shall access any discoveries and develop appropriate management recommendations for a►•chaeological resource treatment. If bones are found and appear to be human, California Law requires that the Nevada County Coroner and the Native American Heritage Commission be contacted. If Native American resources are involved, Native American Organizations and individuals recognized by the County shall be notified and consulted about any plans for treatment."
B. Applications shall be processed by the Agriculture Commissioner within thirty (30) days of receipt of a complete application and by the Building Department within thirty (30) days of submittal to it of the approval by the Agriculture Commissioner.

C. Any clearing or grading work done pursuant to a Permit Exemption shall be subject to a site inspection upon completion of the work or prior to October 15th of each year, whichever first occurs, by a CPESC to determine compliance with the project plan and erosion control and stabilization of the site.

D. Permit Exemptions may be issued for up to two (2) years.

E. If it is determined during the term of the Permit Exemption that the actual clearing or grading is not for agricultural purposes as represented to and approved by the Agriculture Commissioner, all further work shall cease, the site shall be stabilized and revegetated in accord with recommendations of a CPESC, and a grading permit shall be required for any further work, provided, however that a grading permit shall not be granted earlier than five (5) years from the date of application for the exemption.

F. In the event that work is done on property pursuant to a Permit Exemption that is determined to be subject to the requirements of subsection E and application is made within the five (5)-year period during which no grading permit can be granted for any development or project unrelated to agricultural operations or involving construction of a structure or structures for which a building permit is required, it may be required as a condition of approval that the site be restored to its original condition prior to such clearing or grading to the extent feasible, and to the extent full restoration is not possible, mitigation measures shall be imposed to remediate any damage caused.

Sec. L-V 11.5 Fees
The costs of providing the services of the Building Department, Agriculture Commissioner and CPESC required by this Article shall be paid by the applicant for an exception to the grading permit requirement.

Permit and plan review fees shall be as set forth in the fee schedule adopted by Resolution of the Nevada County Board of Supervisors.

Sec. UV 11.6 Appeals
Appeals from discretionary orders, decisions or determinations pursuant to this Article shall be heard by the Building and Accessibility Standards Board of Appeals established pursuant to Section L-V 2.1 of the Nevada County Land Use and Development Code.
43 EXHIBIT A
Article 12
California Electrical Code
Sec. L-V 12.0 Amendments Adopted
Sec. L-V 12.1 Annex "H" (Adopted)
Sec. L-V 12.2 Annex "H", Section 80.15, A-H: Electrical Board (changed to read) Sec. L-V 12.3 Annex "H", Section 80.19, E: Fees (changed to read) Sec. L-V 12.4 Annex "H", Section 80.23 (B)(3): Notice of Violations, Penalties (changed to read)
Sec. UV 12.5 Annex "H", Section 80.27, A-D: Inspector's Qualifications (changed to read) Sec. L-V 12.0 Amendments Adopted
The California Electrical Code as adopted by Section L-V 1.4 is adopted with the following amendments:

Sec. L-V 12.1 California Electrical Code Adopted
Adopt the following Annex Chapters from the 2019 California Electrical Code): Annex "H" Sec L-V 12.2 Annex "H", Administration Section 80.15 A-H: Electrical Board (change to read)
Appeals resulting from decisions or determinations made by the Building Official relative to the application and interpretation of this Code shall be heard by the Building and Accessibility Standards Board of Appeals as set forth in Section L-V 2.1 of the Nevada County Land Use and Development Code.

Sec. L-V 12.3 Annex "H", Section 80.19, E: Fees (changed to read) Permit and plan review fees shall be as set forth in the fee schedule adopted by Resolution of the Nevada County Board of Supervisors.

Sec. UV 12.4 Annex "H" Administration Section 80.23 (B)(3): Notice of Violation, Penalties (change to read)
CRIMINAL ENFORCEMENT. Any person who violates any provision of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to mandatory fines of one hundred dollars ($100) for a first violation; five hundred dollars ($500) for a second violation within atwelve-month period; and one thousand dollars ($1,000) for a third or subsequent violation within a twelve month period. Every day any violation continues shall constitute a separate offense punishable by a separate fine.

Sec. L-V 12.5 Annex "H", Section 80.27, A-D: Inspector's Qualifications (changed to read) Inspectors shall retain certifications as required in their job classification as adopted by the County of Nevada based on the job classification they are appointed. 44 EXHIBIT A
Sections:

Sec. L-V 13.1
Sec. L-V 13.2
Sec. L-V 13.3
Sec L-V 13.4
Sec L-V 13.5
Sec L-V 13.6
Sec L-V 13.7
Sec L-V 13.8
Sec L-V 13.9
Sec L-V 13.10
Sec UV 13.11
Sec UV 13.12
Sec UV 13.13
Sec L-V 13.14
Sec L-V 13.15
Sec UV 13.16
Article 13
Grading
Purpose
Scope
Permits Required
Hazards
Definitions
Grading Permit Requirements
Grading Fees
Bonds
Cuts
Fitts
Setbacks
Drainage and Terracing
Road and Driveway Standards
Erosion Control
Grading Inspection
Completion of Work
Sec. L-V 13.1 Purpose
The purpose of this article is to safeguard life, limb, property and the public welfare by regulating grading and construction activities that result in a land disturbance on private property.

Sec. L-V 13.2 Scope
A. This Article sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes standards of required performance in preventing or minimizing water quality impacts from storm water runoff; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction, drainage, and erosion and sediment controls at construction sites.

Vehicular ways shall conform to the grading requirements of this Chapter.

B. The standards listed below are recognized standard:

Testing.
a. ASTM D 1557, Moisture-Density Relations of Soils and Soii Aggregate Mixtures b. ASTM D 1556, In Place Density of Soils by the Sand-Cone Method c. ASTM D 2167, In Place Density of Soils by the Rubber-Balloon Method d. ASTM D 2937, In Place Density of Soils by the Drive-Cylinder Method e. ASTM D 6938, In Place Moisture Contact and Density of Soils by Nuclear Methods
Sec. UV 13.3 Permits Required
A. Except as specified in Sec. L-V 133(B) of this section, no person shall do any grading without first having obtained a grading permit from the Building Official.

1. No drainage culvert, piping, V-ditch or energy dissipater shall be installed, replaced, altered or repaired without first obtaining a permit from the Building Official.

2. No pond shall be installed, repaired or altered without first obtaining a permit from the Building Official.
45 EXHIBIT A
EXCEPTION: Performance of emergency work necessary to protect life or property when an urgent necessity therefore arises. The person performing such emergency work shall notify the Building Official promptly of the problem and work required and shall apply for a permit therefore within ten (10) calendar days after commencing said work.

B. Except in flood plains as regulated in section L-II 43. ] 0 of the Land Use and Development Code, a grading permit is not required for the following, provided no unstable or erodible slopes are created and no encroachment onto sewage disposal systems, water supply systems or hazardous material sites, areas or setbacks is created.

NOTE: Owners/operators of sites may still need NPDES storm water permit coverage with the State if the construction activity is part of a larger common plan of development or sale that would result in a land disturbance of greater than or equal to one acre.

1. When approved by the Building Official, grading which does not exceed 250 cubic yards in an isolated, self-contained area, with cuts, fills and erosion control conforming to the requirements of this Article, provided there is no danger to private or public property, it does not pose a significant erosion or sediment discharge hazard and is not intended to support a building or structure on fill.

2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524, mm) after the completion of such structure.

3. Cemetery graves.

4. Refuse disposal sites controlled by other regulations.

5. Excavations for wells or tunnels or utilities.

Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.

Exploratory excavations under the direction of soil engineers, engineering geologists, or registered environmental health specialists limited to sewage disposal systems. Such work shall be backfilled and shaped to the original contour of the land after the investigation.

An excavation that is less than 2 feet (610 mm) in depth, does not create a cut slope greater than 5 feet (1524, mm) in height and steeper than 1 unit vertical in 1 1/2 units horizontal (66.7% slope) and does not exceed 50 cubic yards.

A fill less than ]foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20%slope), or less than 3 feet (914 mm) in depth, not intended to support structures, that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course.

10. Land disturbance by plowing under or burial of less than 10,000 square feet of vegetation on slopes ten percent or steeper or any amount of vegetation, up to one acre, on slopes flatter than ten percent.

11. Grading done by or under the supervision or construction control of a public agency that assumes full responsibility for the work to the extent required by this law.

12. Cultivation of land to raise crops, or other clearing and grading of land for agricultural operations pursuant to criteria enacted and codified in Article 11 of this chapter.

13. Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition.

14. Timber harvest and management activities when approved and carried out consistent with the California Forest Practices Act. Activities that are not exempt from the local regulation pursuant to Public Resources Code Section 4516.4 are subject to these regulations. Permits are required for private roads within timber harvest areas where the proposed 46 EXHIBIT A
improvements are in excess of the minimum road standards required by the California Department of Forestry for timber harvesting activities. l5. Clearing for fire protection purposes within 100 feet of a dwelling unit. Any additional clearing for fire prevention, control or suppression purposes is exempt when authorized or required in writing by a fire prevention or suppression agency.

C. The County may prepare and adopt a more comprehensive exemption for grading for agricultural operations than the existing exemption for cultivation of land to raise crops as part of Article 11 to this Chapter, provided that the exemption does not involve construction of any building or site preparation for any development project and that the purpose of such exemption is to promote longterm viable agricultural use of agricultural lands while protecting natural resources and provide reasonable minimum standards that define desired performance in the prevention of man-induced land failures, and control erosion, drainage, and sediment discharge.

Exemption from the permit requirements of this Chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction.

Sec UV 13.4 Hazards
A. Whenever the Building Official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code.

Adequate protection from hazards shall be provided at excavations. All pits, shafts, etc. shall be barricaded or covered. Upon completion of exploratory excavations and other similar operations, temporary trenches, wells, pits, shafts, etc. shall be backfilled.

Sec UV 13.5 Definitions
A. For the purpose of this Article, the definitions listed hereunder shall be construed as specified in this section.

1. AGRICULTURAL OPERATION for grading purposes is any land-related activity for the purpose of cultivating or raising plants or animals or conserving or protecting lands for such purpose and is not surface mining or borrow pit operations.

2. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) is a membership society that is the foremost United States source of information on the specifications and testing of materials.

3. APPROVAL shall mean that the proposed work or completed work conforms to this chapter in the opinion of the Building Official.

4. AS-GRADED is the extent of surface conditions on completion of grading.

5. BEDROCK is in-place solid rock.

6. BENCH is a relatively level step excavated into earth material on which fill is to be placed.

7. BORROW is earth material acquired from an off-site location for use in grading on a site.

8. BEST MANAGEMENT PRACTICES (BMPs) are physical and managerial practices that, when used separately, or in combination, prevent or reduce erosion, sedimentation, or pollution of water. An example of a guide for BMPs is the State Water Resources Control Board Best Management Practices Construction Handbook.

9. CERTIFIED EROSION CONTROL PROFESSIONAL (CPESC) is a recognized specialist in soil erosion and sediment control.
47 EXHIBIT A

10. CIVIL ENGINEER is a professional engineer registered in the state to practice in the field of civil works.

11. CIVIL ENGINEERING is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works.

12. CLEARING is the destruction or removal of vegetative surface cover by manual, mechanical, or chemical methods resulting in exposed soils that may be subject to erosion.

This does not include clearing techniques that retain vegetation and natural drainage patterns.
l3. COMPACTION is the densification of a fill by mechanical means.

CONSTRUCTION ACTIVITIES include, but are not limited to: clearing, grading, demolition, excavation, construction of new structures, and reconstruction of existing facilities involving removal and replacement that results in soil disturbance. This includes construction access roads, staging areas, storage areas, stockpiles, and any off-site areas that receive run-off from the construction project such as discharge points into a receiving water. Construction activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility.

15. CUT. See Excavation.
l6. DEPTH OF FILL is the vertical dimension from the exposed fill surface to the original ground surface.

17. DEPTH OF EXCAVATION (CUT) is the vertical dimension from the exposed cut surface to the original ground surface.

18. EARTH MATERIAL is any rock, natural soil or fill or any combination thereof.

19. EMBANKMENT. See Fill.

20. ENGINEERING GEOLOGIST is a geologist experienced and knowledgeable in engineering geology.

21. ENGINEERING GEOLOGY is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

22. ENGINEERED GRADING PLAN is a plan prepared by registered design professional authorized to do so by the state of California, describing the vertical and horizontal alignment and/or arrangement of grading.

23. EROSION is the wearing away of the ground surface as a result of the movement of wind, water or ice.

24. EXCAVATION is the mechanical removal of earth material.

25. EXPANSIVE SOIL is any soil which exhibits expansive properties in excess of index rating of 20 as determined by the procedures defined in the California Building Code.

26. FILL is a deposit of earth material placed by artificial means.

27. GEOLOGIC HAZARD is any condition in naturally occurring earth materials which may endanger life, health or property.

28. GEOTECHNICAL ENGINEER. See "soils engineer."

29. GRADE is the vertical location of the ground surface.

30. GRADING PLAN See engineered grading plan.

31. EXISTING GRADE is the grade prior to grading.

32. FINISH GRADE is the final grade of the site that conforms to the approved plan.

33. ROUGH GRADE is the stage at which the grade approximately conforms to the approved plan.

34. GRADING is any excavating or filling or combination thereof. 48 EXHIBIT A

35. GRADING WORK is grading and related work such as, but not limited to, drainage improvements and erosion and sediment control.

36. KEY is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.

37. LAND DISTURBANCE is any activity that results in a change in the soil cover or the soil topography that may result in soil erosion from water or wind and the movement of sediments off site, including, but not limited to, clearing, grading, excavating, transporting, and filling of land:

38. PROFESSIONAL INSPECTION is the inspection required by this code to be performed by the civil engineer, soils engineer or engineering geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work.

39. RAINY SEASON is the period of the year during which there is a substantial risk of rainfall. For the purpose of this Chapter, the rainy season is defined as from October 15~~, to April 15t~', inclusive.

40. REGISTERED ENVIRONMENTAL HEALTH SPECIALIST (REHS) is an environmental health professional educated and trained within the field of environmental health who is registered with the State.

41. SEDIMENT is any material transported or deposited by water, including soil debris or other foreign matter.

42. SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

43. SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

44. SLOPE, DETERMINATION OF means the cross-slope of a parcel by measurement, at established intervals not crossing defined grade breaks, of the average slope perpendicular to the contour lines.

45. SOIL is naturally occurring superficial deposits overlying bedrock.

46. SOILS ENGINEER (GEOTECHNICAL ENGINEER) is an engineer experienced and knowledgeable in.the practice of soils engineering (geotechnical) engineering.

47. SOILS ENGINEERING (GEOTECHNICAL ENGINEERING) is the application of the principles of soils mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof.

48. STORM WATER POLLUTION PREVENTION PLAN (SWPPP) is a plan required for various construction and industrial activities pursuant to the Federal Clean Water Act and related State regulations.

49. TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

50. VEHICULAR WAY is any public or private roadway or driveway designed for or used by vehicles (as defined by the California Vehicle Code).

51. WATERCOURSE is any natural or manmade channel flowing continuously or intermittently in a definite direction and course or used for the holding, delay or storage of waters, which functions at any time to convey or store storm water runoff. Natural channels shall generally be limited to those designated by a solid line or a dash and three dots as shown in blue on the most recent U.S. Geological Survey 7.5 minute series of topographic maps. At the discretion of the Building Official, the definition of natural Channel may be limited to those channels having a watershed area of 50 acres or more, and this definition will be commonly used in connection with the administration of this Chapter except for those cases in which the Building Official determines that the definition must be extended to a natural channel with a watershed smaller than 50 acres in order to prevent a condition 49 I~:~Cii:3 ~II:1
which is a menace to life and limb, endangers property, is a hazard to public safety, adversely affects the safety, use or serviceability of adjacent property, public way or drainage channel, or could adversely affect the water quality of any water bodies or watercourses were the definition not extended to a particular natural channel with a watershed below 50 acres.

Sec L-V 13.6 Grading Permit Requirements
A. Except as exempted in Sec. L-V 13.3 of this Code, no person shall do any grading without first obtaining a grading permit from the Building Official. A separate permit shall be obtained for each site, and may cover both excavations and fills.

1. No person shall do or permit to be done any grading in such a manner that quantities of dirt, soil, rock, debris, or other material substantially in excess of natural levels are washed, eroded, or otherwise moved from the site, except as specifically provided for by a permit.

2. No person shall do or permit to be done any grading which may obstruct, impede or interfere with the natural flow of storm waters, whether such waters are unconfined upon the surface of the land or confined within land depressions or natural drainage ways, unimproved channels or watercourses, or improved ditches, channels or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause accelerated erosion except where said grading is in accordance with all applicable laws, including but not limited to, these permit requirements.

Dam construction of "Jurisdictional Size" are regulated and permitted by the Department of Water Resources, Division of Dam Safety. Dam construction of "Non-Jurisdictional Size" are regulated and permitted by the Building Deparhnent" (See Figure A).

Fi ~u A
PROVISIONS OF DIVISfON 30F TFIE CALIFORNIA
WATER CAOE AFFECTING JINiISDICTtON OVER.

LWMS AND RE3ERVCi1RS
25 - -
,i
s
rn
as ~
T ~
~ ~
6 --•
~ u~2~,
0 15 50
S4arage Capacity
Aere-Feet
50 EXHIBIT A
The construction of dams and reservoirs in excess of five feet in height but 25 feet or less in height from the natural bed of the stream or watet•course at the downstream toe of the barrier, regardless of storage capacity, or which have a storage capacity in excess of 15 acre feet but less than 50 acre feet, regardless of height, shall be subject to County regulatory jurisdiction administered by the Building Department as part of this Chapter.

Construction of all dams and reservoirs shall follow the current practices of the Department of Water Resources, Division of Safety of Dams, as dictated in the publication, "Guidelines for the Design and Construction of Small Embankment Dams" (with the exception of contact agency and application process).

Pond Construction and design shall be done in conformance with the most recent Conservation Practice Standard, "Pond" (Code 378) as published by the Natural Resources Conservation Service.

B. The provisions of Section 105, Chapter 1, Division II, are applicable to grading. Additionally, the application shall state the estimated quantities of work involved.

C. Grading shall be performed in accordance with the approved grading plan prepared by registered design professional, and shall be designated "engineered grading" The Building Official may waive this requirement if the proposed grading is minor in nature and would not endanger the public health, safety and welfare. This grading shall be designated "regular grading".

D. Engineered Grading Requirements
For engineered grading requirements applications for a grading permit shall be accompanied by three set of plans and two sets of specifications and supporting data. A soils/geotechnical engineering report shall be provided in accordance with the California Building Code.
a. When the proposed grading includes a cut or fill exceeding ten feet in-depth at any point, or a cut or fill exceeding seven feet in depth at any point with the slope of the natural ground exceeding twenty (20) percent;
b. When highly expansive soils are present; or
c. In areas ofknown or suspected geological hazards, including landslide hazards and hazards of ground failure stemming from seismically induced ground shaking.

An engineering geology report shall be included with the supporting data when the proposed grading is in excess of 5,000 cubic yards. (See Sec. L-V 13.6(F)).

Specifications shall contain information covering construction and material requirements.

Plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give location of the work, the name and address of the owner, and the person by whom they were prepared.

2. The plans shall include the following information:
a. General vicinity of the proposed site.
b. Property limits and accurate contours of existing ground and details of terrain and area drainage.
c. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction. d. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains.
e. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent 51 EXHIBIT A
owners that are within 15 feet (4572, mm) of the property o►• that may be affected by the proposed grading operations.
f. Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the Building Official, specific recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, may be included by reference.
g. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports.
h. Cross sections (not less than two) of existing and proposed graded areas taken at intervals not exceeding 200 feet and at locations of maximum cuts and fills. i. An estimate of the quantities of excavation and fill, including quantities to be moved both on and off site.
j. A detailed erosion and sediment control plan including specific locations, construction details and supporting calculations for temporary and permanent sediment control structures and facilities.
k. A landscaping plan, including temporary erosion control plantings, permanent drought-resistant slope plantings, replacement or temporary groundcover, and irrigation facilities.

1. The location of any borrow site or location for disposal of surplus material.

E. The soils engineering report required by Sec. L-V 13.6(D) shall include:

1. An index map showing the regional setting of the site;

2. A site map that shows the topographic features of the site and locations of all soil borings and test excavations accompanied with a log for each soil boring and test excavation;

3. Classification of the soil types and data regarding the nature, distribution and strength of existing soils;

4. A suitable scaled map and cross sections showing all identified areas of land slippage;

5. A description of any encountered groundwater or excessive moisture conditions;

6. Conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary;

7. Opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes.

F. The engineering geology report required by Sec. L-V 13.6(D) shall include:

1. An adequate description of the geology of the site and geology of the adjacent areas when pertinent to the site;

2. Conclusions and recommendations regarding the effect of geologic conditions on the proposed development;

3. Opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors; and

4. Recommendations for mitigation of geologic hazards.

G. The Building Official may require a geotechnical investigation in accordance with the California Building or Residential Code when, during the course of an investigation, any of the following conditions are discovered, the report shall address the potential for liquefaction:

1. Shallow ground water, 50 feet (15240, mm) or less;

2. Unconsolidated sandy alluvium;

3. Seismic Design Category C,D, E or F.
52 EXHIBIT A
H. Regular Grading Requirements
Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the following information:
a. General vicinity of the proposed site;
b. Limiting dimensions and depth of cut and fill;
Location of any buildings or structures where work is to be performed, and the location of any buildings or structures with fifteen (15) feet (4572, mm) of the proposed grading;
d. Property limits and accurate contours of existing ground; e. Typical cross sections) of the existing and proposed graded areas) at locations of maximum cut and fill;
f. An estimate of the quantities of excavation and fill, including quantities to be moved both on and off site.

I. The provisions of those applicable sections of Division II of the California Building Code are applicable to grading permits. The Building Official may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.

J. The Building Official may require professional inspection and testing. When the Building Official has cause to believe that geologic factors may be involved, the grading will be required to conform to engineered grading.

K. In issuing a permit, the Building Official may impose conditions as prescribed by this Chapter necessary to protect the health, safety and welfare of the public, to prevent the creation of a hazard to public or private property, and to assure proper completion of the grading, including, but not limited to:

1. Mitigation of adverse environmental impacts as disclosed by any environmental document findings;

2. Improvement of any existing unstable grading affected by this permit to comply with the standards of this Chapter;

3. Protection of grading which would otherwise be hazardous;

4. Dust, erosion and sediment control, and season of work, weather conditions, sequence of work, access roads and haul routes;

5. Safeguard watercourses from excessive deposition of sediment or debris;

6. Safeguard areas reserved for on-site sewage disposal, water supply and hazardous material storage;

7. Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion;

8. Compliance with all applicable provisions of the Nevada County Land Use and Development Code;
L. If grading operations are commenced before first securing a proper permit, no permit will be issued until illegal grading has stopped. In the event that no grading permit, erosion control permit or land use permit can be issued for such operation, the site shall be restored to its original condition to the extent feasible, and to the extent full restoration is not possible mitigation measures may be imposed to remediate any damage caused. Restoration shall be in conformity to an approved restoration plan;
M. Winter operations shall not be allowed if an immitigable high potential for accelerated erosion exists due to slope, rock or soil type, proximity to a stream or drainage course, magnitude or 53 EXHIBIT A
duration of disturbance, or other characteristics of the project and the site. Approval shall be obtained from the Building Official prior to any grading activity during the Rainy Season.

Sec L-V 13.7 Grading Fees
Permit and plan review fees shall be as set forth in the fee schedule adopted by Resolution of the Nevada County Board of Supervisors.

Sec UV 13.8 Bonds
A. As a condition for the issuance of a permit, the Building Official may require the deposit of improvement security in sufficient amount deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions or, in the case of a subdivision, where the permittee does not proceed with preparation and obtaining the approval of a final map. Said security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a faithful performance bond executed by the applicant and a corporate surety authorized to do business in this state. The form of security shall be acceptable to County Counsel. Public agencies are exempted from this provision by law.

B. In the case of subdivisions, the improvement security shall remain in effect until final inspections have been made and the Building Official has accepted all grading work and subdivision improvements as being complete or until the subdivider has entered into an agreement to complete all unfinished work and improvements and furnished improvement security pursuant to Section LV 13.8, whichever first occurs.

C. For projects other than subdivisions, the improvements security shall remain in effect until final inspections have been made and the Building Official has accepted all grading work as being complete.

D. In addition to the improvement security, the Building Official may also require the deposit of maintenance security in a sufficient amount deemed necessary by him to guarantee and maintain the grading work to assure the proper functioning of drainage systems and adequate erosion and sedimentation control. Said maintenance security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a faithful performance bond executed by the applicant and a corporate surety authorized to do business in this state and shall remain in effect for a period of one (1) year after the date of expiration of the improvement security as designated in Subsection B and C above.

E. Any bond or deposit required by the Building Official pursuant to this Section shall be payable to the Nevada County Building Department.

F. Upon satisfaction of applicable provisions of this Chapter, the improvement and maintenance security deposits or bonds will be released. However, upon failure to complete the work, failure to comply with all of the terms of the permit, or failure of the completed site to function properly to provide proper drainage or erosion and sedimentation control, the County may do the required work, or cause it to be done, and collect from the permittee or surety all costs incurred thereto, including administrative and inspection costs. Any unused portion of a deposit or bond shall be refunded to the permittee after deduction by the County of the cost of the work.

Sec L-V 13.9 Cuts
A. Unless otherwise recommended in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this section.

In the absence of an approved soils engineering report, these provisions may be waived for minor cuts not intended to support structures.

B. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope) unless the permittee furnishes a soils engineering or an engineering geology report, or both, stating that the site has been investigated 54 EXHIBIT A
and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private pt•operty.

EXCEPTION: A cut surface may be at a slope gradient of 1.5 horizontal to 1 vertical (67 percent) provided that all of the following ace met:

1. It is not intended to support structures or surcharges.

2. It is adequately protected against erosion.

3. It is no more than 8 feet in height.

4. The soil is not classified as CH, CL, or MH.

5. It is approved by the Building Official
Sec L-V 13.10 Fills
A. Unless otherwise recommended in an approved soils engineering report, fills shall conform to the provisions of this Section.

1. Where fill is intended to support any permanent structure, an engineered grading plan shall be required. The placement and compaction requirements shall be as stated in the engineering report.

2. Where fill is intended to support any paved surface, or is part of a fire access road or driveway, the requirements of Sec. L-V 13.10 shall be followed.

3. The guidelines of Sec. L-V 13.10 shall be followed for all other fills except compaction to a minimum of 90 percent of maximum density need not be provided for minor fills not intended as a buildable area. Lots with non-engineered fills or fills not compacted in compliance with Sec. L-V 13.10(D) shall be documented. Future development on the lots shall require a qualified person to determine the proposed work is not within the fill area or can adequately be built in the fill area.

B. Fill slopes shall not be constructed on natural slopes steeper than 1 unit vertical in 2 units horizontal (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, noncomplyingfill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are steeper than ]unit vertical in 5 units horizontal (20% slope) and the height is greater than 5 feet (1524, mm), by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than 1 unit vertical in 5 units horizontal (20%slope) shall be at least 10 feet (3048, mm) wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of fill shall be at least 10 feet (3048, mm) wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or both as a suitable foundation for fill.

C. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the Building Official, no rock or similar irreducible material with a maximum dimension greater than 12 inches (305 mm) shall be buried or placed in fills.

EXCEPTION: The Building Official may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approves the fill stability. The following conditions shall also apply:

1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan;

2. Rock sizes greater than 12 inches (305 mm) in maximum dimension shall be 10 feet (3048, mm) or more below grade, measured vertically;

3. Rocks shall be placed so as to assure filling of all voids with well-graded soil.

D. All fills shall be compacted to a minimum of 90 percent of maximum density.

E. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope). 55 EXHIBIT A
Sec L-V 13.11 Setbacks
A. Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary. Setback dimensions shall be as shown in Figure A-33-1.

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B. The top of cut slopes shall not be made nearer to a site boundary line than one fifth of the vertical height of cut with a minimum of 2 feet (6l0 mm) and a maximum of 10 feet (3048 mm). The setback may need to be increased for any required interceptor drains.

C. The toe of fill slope shall be made not nearer to the site boundary line than one fifth the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 20 feet (6096, mm). Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the work as the Building Official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to:

1. Additional setbacks;

2. Provision for retaining or slough walls;

3. Mechanical or chemical treatment of the fill slope surface to minimize erosion;

4. Provisions for the control of surface waters.

D. The Building Official may approve alternate setbacks. The Building Official may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied.

Sec L-V 13.12 Drainage and Terracing
56 EXHIBIT A
A. Unless othe►•wise recommended by a registered design professional, drainage facilities and terracing shall be provided in accordance with the requirements of this section.

Exception: Drainage facilities and terracing need not be provided where the ground slope is not steeper than 3 horizontal to 1 vertical (33 percent).

All areas shall be graded and drained so that water will not pond or accumulate. Drainage shall be effected in such a manner that it will not cause erosion or endanger the stability of any cut or fill slope or any building or structure.

Storm drainage and design standards not otherwise specified herein shall comply with Article 5 "Storm Drainage", Chapter XVII, of the County of Nevada Land Use and Development Code.

B. Terraces at least 6 feet (1829, mm) in width shall be established at not more than 30-foot (9144, mm) vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one terrace is required, it shall be atmid-height. For cut or fill slopes greater than 60 feet (18288, mm) and up to 120 feet (36576, mm) in vertical height, one terrace at approximately mid-height shall be 12 feet (3658, mm) in width. Terrace widths and spacing for cut and fill slopes greater than 120 feet (36576, mm) in height shall be designed by the civil engineer and approved by the Building Official. Suitable access shall be provided to permit proper cleaning and maintenance.

Swales or ditches on terraces shall have a minimum gradient of 5 percent and must be paved with reinforced concrete not less than 3 inches (76 mm) in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of 1 foot (305 mm) and a minimum paved width of 5 feet (1524, mm).

A single run of Swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (1254.2, m2) (projected) without discharging into a down drain.

C. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.

D. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the Building Official or other appropriate jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation ofnon-erosive down-drains or other devices.

Building pads shall have a drainage gradient of five (5) percent toward approved drainage facilities, unless waived by the Building Official.

EXCEPTION: The gradient from the building pad may be two (2) percent if all of the following conditions exist throughout the permit area:

No proposed fills are greater than 10 feet (3048, mm) in maximum depth.

2. No proposed finish cut or fill slope faces have a vertical height in excess of 10 feet (3048, mm).

3. No existing slope faces steeper than l unit vertical in 10 units horizontal (10%slope) have a vertical height in excess of 10 feet (3048, mm).

When surface drainage is discharged onto any property, it shall be discharged in such a manner that it will not cause erosion or endanger any cut or fill slope or any building or structure. A grading and discharge plan shall be required which includes the analysis of the effect of the discharge.

E. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than 40 feet (12192, mm) measured horizontally. Interceptor drains shall be paved with a minimum of 3 inches (76 mm) of concrete or gunite and reinforced. They shall have a minimum depth of 12 inches (305 mm) and a minimum paved width of 30 inches (762 mm) measured horizontally across the drain. The slope of drain shall be approved by the Building Official.

F. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility.

Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains and other devices.
57 EXHIBIT A
Sec L-V 13.13 Road and Driveway Standards
A. The construction and design of all roadways shall be done in conformance with Article 3, "Road Design Standards", Chapter XVI[, LUDC.

B. The construction and design of all driveways shall be done in conformance with Article 3, "Driveways", Chapter XVI, LUDC.

1. At no place along the length of a driveway shall the grade be in excess of the established grades in Article 3, "Driveways" Chapter XVI, LUDC.

Sec L-V 13.14 Erosion Control
A. The following shall apply to the control of erosion and sediment from grading and construction activities resulting in land disturbance:

1. Plans shall be designed with long-term erosion and sediment control as a primary consideration;

2. Grading and construction activities during the rainy season shall provide erosion and sediment control measures except upon a clear demonstration to the satisfaction of the Building Official that at no stage of the work will there be any substantial risk of increased sediment discharge from the site;

3. Should land disturbance be permitted during the rainy season, the smallest practicable area of erodible land shall be exposed at any one-time during grading operations and the time of exposure shall be minimized;

4. Natural features, including vegetation, terrain, watercourses and similar resources shall be preserved wherever possible. Limits of land disturbance shall be clearly defined and marked to prevent damage by construction equipment;

5. Permanent drought-resistant vegetation and structures for erosion and sediment control shall be installed as soon as possible;

6. Provision shall be made for long-term maintenance of permanent erosion and sediment control structures and vegetation;

7. No topsoil shall be removed from the site unless otherwise directed or approved by the Building Official. Topsoil overburden shall be stockpiled and redistributed within the graded area after rough grading to provide a suitable base for seeding and planting. Runoff from the stockpiled area shall be controlled to prevent erosion and resultant sedimentation of receiving water;

8. Runoff shall not be discharged from the site in quantities or at velocities substantially above those that occurred before land disturbance, or channeled, concentrated or redirected except into drainage facilities whose design has been specifically approved by the Building Official;

9. The permittee shall take reasonable precautions to ensure that vehicles do not track or spill earth materials into public streets and shall immediately remove such materials if this occurs.

B. Should increased sediment discharge occur or become imminent, the permittee shall take all necessary steps to control such discharge. Such steps may include construction of additional facilities or removal or alteration of facilities required by approved erosion and sediment control plans. Facilities removed or altered shall be restored as soon as possible afterward or appropriate changes in the plan shall be immediately requested pursuant to this Chapter. Permittee shall take prompt action to resolve emergency problems; otherwise, the Building Official may take such actions as required to abate a hazardous public nuisance.

C. Erosion and sediment control plans prepared pursuant to this Chapter shall comply with all of the following:
58 EXHIBIT A

1. The erosion and sediment control plan need not be a separate sheet if all facilities and measures can be shown on the grading sheets without obscuring the clarity of either the grading plan or the erosion and sediment control plan.

2. An erosion and sediment control plan shall be required for any grading project required to have a grading permit.

EXCEPTION: The Building Official determines that the grading and/or construction activity will not impose a significant erosion or sediment discharge hazard.

3. Erosion and sediment control plans shall include an effective re-vegetation program to stabilize all disturbed areas that will not be otherwise protected. All such areas where construction activities have been completed between April ] 5`~' and October 15th shall be planted no later than November 1 S`. Land disturbance areas completed at other times of the year shall be planted within 15 days. If re-vegetation is infeasible or cannot be expected to stabilize an erodible area with assurance during any part of the rainy season and the unstable area exceeds 2,500 square feet, additional erosion and sediment control measures or irrigation of planted slopes may be required as appropriate to prevent increased sediment discharge.

4. Erosion and sediment control plans shall be designed to prevent increased discharge of sediment at all stages of grading and construction activities from initial disturbance of the ground to project completion. Every feasible effort shall be made to ensure that site stabilization is permanent. Plans shall indicate the implementation period and the stage of construction where applicable.

5. Erosion and sediment control plans shall comply with the recommendations of any Civil Engineer, Geotechnical Engineer, Engineering Geologist, Architect, or Soil Erosion Control Specialist involved in preparation of the grading plans.

6. The structural and hydraulic adequacy of all storm water containment or conveyance facilities shown on the erosion and sediment control plans shall be verified by a Civil Engineer, and he shall so attest on the plans. Sufficient calculations and supporting material to demonstrate such adequacy shall accompany the plans when submitted.

7. Erosion and sediment control plans shall be designed to meet anticipated field conditions.

8. Erosion and sediment control plans shall provide for inspection and repair of all erosion and sediment control facilities at the close of each working day during the rainy season, and for specific sediment clean-out and vegetation maintenance criteria.

9. Erosion and sediment control plans shall comply with any and all standards and specifications adopted herein for the control of erosion and sedimentation on grading sites.

These standards and specifications shall be in general compliance with the Erosion and Sediment Control Guidelines for Developing Areas of the Sierras published by High Sierra Resource Conservation and Development Council.

10. For projects subject to the State requirements to prepare a SWPPP (Storm Water Pollution Prevention Program) a preliminary SWPPP may be submitted in lieu of the erosion and sediment control plan required by these regulations.

11. Erosion control measures shall be installed in accordance with the issued grading and/or construction plans prior to any rain event. Any grading completed between October 15th and April 15th shall have all erosion control materials that are required be installed in accordance with the issued construction and grading plans onsite.

Sec I,-V 13.15 Grading Inspection
A. Grading operations for which a permit is required shall be subject to inspection by the Building Official. Professional inspection of grading operations shall be provided by the civil engineer, soils engineer, and the engineering geologist retained to provide such services in accordance with Sec L-V 13.15(E) for engineered grading and as required by the Building Official for regular grading. 59 EXHIBIT A
B. The civil engineer shall provide professional inspection within such engineer's area of technical specialty, which shall consist of observation and review as to the establishment of line, grade and surface drainage of the development area. If revised plans are required during the course of the work, they shall be prepared by the civil engineer.

C. The soils engineer shall provide professional inspection within such engineer's area of technical specialty, which shall include observation during grading and testing fir required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, the Building Official and the civil engineer.

D. The engineering geologist shall provide professional inspection within such engineer's area of technical specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer.

E. The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code, and the permittee shall engage consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as a coordinator between the consultants, the contractor and the Building Official. In the event of changed conditions, the permittee shall be responsible for informing the Building Official of such change and shall provide revised plans for approval.

Periodic progress reports may be required to be rendered by the permittee at commencement and completion of major key grading and erosion and sediment control operations.

No permittee shall be deemed to have complied with this Chapter until the Building Official has made a final inspection of the work and he has certified in writing that the work has been completed in accordance with all requirements and conditions of the permit.

The permittee shall provide adequate access to the site for inspection by the Building Official during the performance of all work and for a minimum period of one year after acceptance by the Building Official of all improvements pursuant to this Chapter.

F. The Building Official shall inspect the project at the various stages of work requiring approval to determine that adequate control is being exercised by the professional consultants.

G. If, in the course of fulfilling their respective duties under this Chapter, the civil engineer, the soils engineer, or the engineering geologist finds that the work is not being done in conformance with this Chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the permittee and to the Building Official.

H. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within the area of technical competence for approval upon completion of the work.

It shall be the duty of the permittee to notify the Building Official in writing of such change prior to the recommencement of such grading.

I. As a condition of the permit, the Building Official may require the permittee to provide, at permittee's expense, a Geotechnical Engineer or Civil Engineer to perform continuous inspection work, and upon completion of the work to provide a written statement acknowledging that he has inspected the work and that in his professional judgment the work was performed in accordance with the approved plans and specifications. The permittee shall make contractual arrangements for such services and be responsible for payment of all costs. Continuous inspection by a Geotechnical Engineer or Civil Engineer shall include, but not be limited to, the following situations:

1. During the preparation of a site for the placement of fills which exceed five (5) feet in depth on slopes which exceed ten percent (10%) and during the placing of such fills; however, 60 EXHIBIT A
for vehicular pathways, fill placement shall be continuously inspected when fills exceed ten (10) feet in height.

2. During the preparation of a site for the placement of any fill and during the placement of such fill which is intended to support any building or structure.

3. During the installation of subsurface drainage facilities.

Reports filed by the Geotechnical Engineer or Civil Engineer regarding special inspection shall state in writing that from his personal knowledge the work performed during the period covered by the report has been performed insubstantial accordance with the approved plans and specifications.

The use of a Geotechnical Engineer or Civil Engineer for inspections shall not preclude the Building Official from conducting inspections using his or other authorized inspectors as may be necessary.

Sec L-V 13.16 Completion of Work
A. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable.

1. An as-built grading plan prepared by the civil engineer retained to provide such services in accordance with Sec L-V 13.15(E) showing original ground surface elevations, as-graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As-constructed locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer.

Civil engineers shall state that to the best of their knowledge the work within their area of responsibility was done in accordance with the final approved grading plan.

2. A report prepared by the soils engineer retained to provide such services in accordance with Sec. L-V 13.15(C) of this Chapter, including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this chapter.

3. A report prepared by the engineering geologist retained to provide such services in accordance with Sec L-V 13.15(E), including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this chapter.

4. The grading contractor shall submit, in a form prescribed by the Building Official, a statement of conformance to said as-built plan and the specifications.

B. The permittee shall notify the Building Official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion-control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted. 61 EXHIBIT A
Article 14
Electric Vehicle Charging Station Permitting Process
Sections:

Sec. L-V 14.1 Purpose
Sec. UV 14.2 Applicability
Sec. UV 14.3 Definitions
Sec. L-V 14.4 Electric Vehicle Charging Station Requirements Sec. L-V 14.5 Application Standards
Sec. UV 14.6 Expedited Permitting Process and Permit Review Sec. L-V 14.1 Purpose
The purpose of the Article is to adopt an expedited, streamlined permitting process that complies with AB 1236 and Government Code section 65850.7 to achieve timely cost-effective installation of electric vehicle charging stations. This Article encourages the installation and use of electric vehicle charging stations by removing obstacles to and minimizing the cost of permitting for charging stations, and by expanding the ability of residential, agricultural and commercial property owners to install electric vehicle charging stations. This Article allows the county to achieve these goals while protecting the public health and safety.

Sec. L-V 14.2 Applicability
This Article applies to the permitting of electric vehicle charging stations in the unincorporated area of the County of Nevada. Electric vehicle charging stations legally established or permitted prior to the implementation of this expedited permitting process are not subject to the requirements of this Article unless physical modifications or alterations are undertaken that materially change the size, type or components of an electric vehicle charging station in such a way as to require new permitting.

Sec. L-V 14.3 Definitions
A. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with the California Electrical Code, as it reads on the effective date of this Article, and delivers electricity from a source outside an electric vehicle into aplug-in electric vehicle.

B. "Electronic submittal" means the utilization of one or more of the following:

1. Email;

2. The Internet; or

3. Facsimile.

C. "Specific, adverse impact' means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

D. "A feasible method to satisfactorily mitigate or avoid the specific adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the County on another similarly situated application in a prior successful application for a permit.

E. "Building Official" means the officer or other designated authority charged with the administration and enforcement of the Nevada County Code, or a duly authorized representative.

F. An "association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

Sec. L-V 14.4 Electric Vehicle Charging Station Requirements 62 EXHIBIT A
A. All electric vehicle charging stations shall meet applicable health and safety standards and requirements of local, state and federal law.

B. Electric vehicle charging stations s11a11 meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

Sec. L-V 14.5 Application Standards
A. No later than September 30, 2017, the Building Official of Nevada County or his/her designee shall implement an expedited permitting process, a$er consulting with the local fire department or district, that will allow the Building Official to administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit.

B. The Building Official shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. The checklist and all required permitting documentation shall be published on the County of Nevada's Internet Website.

C. In developing the expedited permitting process and checklist, the Building Official may refer to the recommendations contained in the most recent version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" and/or the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the State of California's Office of Planning and Research. The Building Official may modify the checklist and standards found in the Guidebook due to unique climatic, geological, seismological, or topographical conditions.

D. Electronic submittal of the required permit application and supporting documents shall be made available for all electric vehicle charging station permit applications. The method of electronic submittal shall be at the County's discretion.

Sec. L-V 14.6 Expedited Permitting Process and Permit Review A. The applicant may submit the permit application and supporting documents to the Building Department by electronic submittal. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications, and other documents may be used in lieu of a wet signature.

B. An application and supporting documents that satisfy the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information that is required to be eligible for expedited permit issuance.

C. Upon confirmation by the Building Official that the application is complete and meets the requirements of the checklist, and is consistent with this Chapter, the Building Official shall administratively approve the application and issue all required permits or authorizations. The Building Official may establish a process to prioritize competing applications for expedited permits.

1. If the County makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, the County may require the applicant to apply for a use permit.

2. The County may withhold issuance of the permit or authorization if there is a violation on record for any structure associated with the application under review.

3. The County shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Civi] Code section 4080.
63 EXHIBIT A
D. The County shall not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

E. Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific adverse impact upon the public health or safety at the lowest cost possible.

F. This expedited permitting process is intended to apply only to applications for permits for electric vehicle charging stations, and will not expedite the review of any other permit applications.

G. The Building Official's decision pursuant to Sections L-V 14.6 (C) or (D) may be appealed to the Nevada County Building and Accessibility Standards Board of Appeals in accordance with Nevada County Code Section L-V 2.1.
64 EXHIBIT A
Article 20
Small Residential Rooftop Solar Systems
Sections:

Sec. L-V 20.1 Purpose
Sec. L-V 20.2 Applicability
Sec. L-V 20.3 Definitions
Sec. L-V 20.4 Solar Energy System Requirements
Sec. L-V 20.5 Duties of the Building Department and Building Official Sec. L-V 20.6 Permit Review and Inspection Requirements Sec. L-V 20.1 Purpose
The purpose of the Article is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The Article encourages the use of solar systems by reducing costs to property owners and the County, and expanding the ability of property owners to install solar energy systems. The Article allows the County to achieve these goals while protecting public health and safety.

Sec. L-V 20.2 Applicability
This Article shall apply to the permitting of all small residential rooftop solar energy systems in the County of Nevada as defined by Section L-V 20.3(B).

Solar energy systems legally established or permitted prior to the effective date of this Article are not subject to the requirements of this Article unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit.

Sec. L-V 20.3 Definitions
A. "Solar Energy System" means either of the following:

1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

B. A "small residential rooftop solar energy system" means all of the following:

1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating, or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the County and all state and County health and safety standards.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the County.

C. "Electronic submittal" means the utilization of one or more of the following:

1. Email;

2. The Internet;
65 EXHIBIT A
Facsimile.

D. An "association" means a nonprofit corporation or unincorporated association create for the purpose of managing a common interest development.

E. A "common interest development" means any of the following:

1. A community apartment project.

2. A condominium project.

3. A planned development.

4. A stock cooperative.

F. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

G. "Reasonable restrictions" on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

H. "Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means:

1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding 10 percent of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed.

2. For Photovoltaic Systems: an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed.

Sec. UV 20.4 Solar Energy System Requirements
A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the California Building Standards Codes and Chapter V of the County of Nevada Land Use and Development Code.

B. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Codes.

C. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

Sec. L-V 20.5 Duties of the Building Department and Building Official A. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible County Website.

B. Electronic submittal of the required permit application and documents by email, the Internet, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

C. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

D. The Building Department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. ~.

EXHIBIT A
E. The small residential rooftop solar system permit process, standard plan(s), and checklists) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Govet•nor's Office of Planning and Research.

Sec. UV 20.6 Permit Review and Inspection Requirements
A. The County Building Department shall adopt an administrative, non-discretionary review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption on this Article. Foi• permit applications submitted over-the-counter and electronically, the Building Department shall issue a building permit or other non-discretionary permit within five (5) business days of receipt. The time to issue a permit begins upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. All fees prescribed for the permitting of small residential rooftop solar systems must comply with Government Code Section 66016 and State Health and Safety Code Section 17951.

B. Review of the application shall be limited to the Building Official's review of whether the application meets local, state, and federal health and safety requirements.

C. The Building Official may deny the application if the Building Official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such findings shall be made in writing based on substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact.

Findings shall include a basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the Building and Accessibility Standards Board of Appeals in accordance with Section L-V 2.1, which may be further appealed to the Board of Supervisors.

D. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

E. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the County on another similarly situated application in a prior successful application for a permit. The County shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

F. The County shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

G. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

H. Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review unless additional inspections are determined necessary by the Building Official based on specific climatic, geographic and/or topographical conditions.

I. The inspections) shall be done in a timely manner and should include consolidated inspections.

An inspection will be scheduled within two (2) business days of a request and the applicant shall be provided with atwo-hour inspection window.

J. Inspections

1. All solar energy systems shall be inspected for compliance with the manufacturer's installation requirements and the California Electrical Code.

2. The systems shall be ready for inspection with all electrical equipment/components accessible and in clear view.
67 EXHIBIT A

3. The County's Building Inspector shall have access to all pairts of the system.

4. The permit, approved plans, and specifications shall be readily available on site at the time of inspection.

5. Any changes to approved plans must be reviewed and approved by the Building Department prior to scheduling the inspection.

K. If a small residential rooftop solar energy system fails inspection, a subsequent re-inspection is authorized and may include a re-inspection fee in accordance with the County's adopted fee schedule.
68 NOTICE OF PUBLIC HEARING BY THE NEVADA

CITY CITY COUNCIL TO CONSIDER AN

ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF NEVADA CITY, STATE OF CALIFORNIA,
REPEALING AND REPLACING CHAPTER 15.04
(“BUILDING STANDARDS”) AND CHAPTER 15.08
(“FIRE SAFETY STANDARDS AND CALIFORNIA
FIRE CODE AMENDMENTS”) TO TITLE 15
(“BUILDINGS AND CONSTRUCTION”) TO THE

CITY OF NEVADA CITY MUNICIPAL CODE,
ADOPTING THE 2022 CALIFORNIA BUILDING
STANDARD CODES AND THE 2022 CALIFORNIA

FIRE CODE BOTH WITH LOCAL AMENDMENTS
NOTICE IS HEREBY GIVEN that on Wednesday, May
10, 2023 at 6:30 p.m. or as soon thereafter that the
matter may be heard , the Nevada City City Council
will hold a public hearing at City Hall, 317 Broad Street, Nevada City, California to consider the following:

An Ordinance of the City Council of the City of
Nevada City repealing and replacing Chapter 15.04
(“Building Standards”) and Chapter 15.08 (“Fire Safety
Standards and California Fire Code Amendments”) to
Title 15 (“Buildings and Construction”) to the Nevada
City Municipal Code adopting the 2022 California
Building Standard Codes and the 2022 California Fire
Code both with local amendments.

NOTICE IS FURTHER GIVEN that written comments
may be filed with the Deputy City Clerk during regular
working hours at City Hall prior to said hearing.

Comments can be submitted to 317 Broad Street,
Nevada City, CA 95959 or via email at publiccomment@
nevadacity.ca.gov. A copy of the complete ordinance is
on file and is available for inspection at City Hall and the Staff Report is available for review at the City’s
website at www.nevadacityca.gov on the Agendas and
Minutes page or at City Hall.

IF YOU CHALLENGE the Council’s decision on this
matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence
delivered to the Deputy City Clerk at or prior to the
hearing.

Gabrielle Christakes,
Deputy City Clerk
Published: April 29, 2023
ORDINANCE NO. 2023- 05
AN ORDINANCE OF THE CITY OF NEVADA CITY AMENDING TITLE 15 OF THE NEVADA CITY MUNICIPAL CODE TO ADOPT THE 2022 CALIFORNIA BUILDING

STANDARDS, WITH LOCAL AMENDMENTS
WHEREAS, the State of California revises its building standards on a triennial basis. The building standards are intended to regulate and govern the conditions and maintenance of all property, buildings, and structures by providing standards for supplied utilities, facilities, and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupancy and use, and
WHEREAS, pursuant to Health and Safety Code Section 17958.5, et seq., a city may make such changes or modifications in the requirements contained in the provisions of the California Building Standards Codes, as are reasonably necessary because of local climatic, geological, or topographical conditions, and
WHEREAS, the City of Nevada City contracts with the County of Nevada for its building inspection services, making it desirable to have the same building standards and amendments applicable within the City of Nevada City as those applicable in the County, and WHEREAS, the County of Nevada has reviewed and on December 13, 2022 has adopted by Ordinance No. 2515, California Building Standards, local amendments, and findings applicable to the unincorporated areas after review and report by the County Building Director; and WHEREAS, the City Council of the City of Nevada City concurs with the adopted purpose, amendments and findings adopted therein and desires to adopt the same amendments to be applicable within the City boundaries upon the same findings, except as specified herein, leaving in effect those provisions of Title 15 having special application only to the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY HEREBY ORDAINS AS FOLLOWS:

SECTION 1. The above recitals are true and incorporated into this ordinance.

SECTION 2: Legislative Purpose:

A. The State of California revises its building standards on a triennial basis. The building standards are intended to regulate and govern the conditions and maintenance of all property, buildings and structures by providing standards for supplied utilities, facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use.

B. It is the purpose and the intent of this Ordinance to make substantive revisions to Title 15 (Building and Construction) of the Nevada City Municipal Code to ensure conformity with the 2022 edition of the California Building Standards, to wit, the California Building Code and Division II Scope and Administration thereof, the California Residential Code, the California Green Building Standards Code, the California Plumbing Code, the California Electrical Code, the California Fire Code, the California Mechanical Code, the California Energy Code, the California Referenced Standards Code, the California Historic Building Code, the California Existing Building Code, the 1997 Uniform Housing Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, the 2021 International Swimming Pool and Spa Code, and the 2021 International Property Maintenance Code and modifications thereto as adopted by the County of Nevada and by the City of Nevada City herein. A copy of the 2022 edition of the California Building Standards and included Codes is on file in the Nevada County Building Department and available on-line.

C. Pursuant to Health and Safety Code Section 17958.5, et seq., local jurisdictions may make such changes or modifications in the requirements contained in the provisions of the California Building Standards Code, as are reasonably necessary because of local climatic, geological, or topographical conditions. Nevada County’s amendments to the 2022 California Building Standards, which have been made in response to unique climatic, geological, or topographical conditions in Nevada County, are codified in Chapter V of the Nevada County Land Use and Development Code and by this Ordinance are adopted by the City of Nevada City with modifications applicable within the City’s jurisdiction. Local amendments to the California Building Standards Code shall not become effective until the modifications and findings have been filed with the Building Standards Commission.

SECTION 3: Chapters 15.04 and 15.08 of the Nevada City Municipal Code are repealed and readopted as set forth in Exhibit “A”, attached hereto and incorporated by such reference.

SECTION 4. Findings.

A. The City Council hereby finds and declares that the amendments to the 2022 California Building Standards, as codified in Chapter V of the Nevada County Land Use and Development Code and as modified herein, are reasonably necessary because of local climatic, geological, and topographical conditions, topographical variations and the high risk of forest fires within the City and County.

B. The City Council hereby finds and declares that this Ordinance is exempt from California Environmental Quality Act (CEQA) review pursuant to the CEQA guidelines, including §15378(b)(5) as an organizational or administrative governmental activity that will not result in direct or indirect physical changes to the environment, and §15060(c)(2) as an activity that does not create a potential for direct or reasonably foreseeable indirect physical change in the environment.

C. Pursuant to California Health and Safety Code sections 18941.5 and 17958, the City Council of the City of Nevada City hereby finds that the amendments adopted herein are reasonably necessary because the city has unique local climatic and topographic conditions. These local conditions have an adverse effect on the prevention of (1) major loss fires and (2) the potential for life and property loss, making the changes or modifications in the California Building Standards Code necessary in order to provide a reasonable degree of property security, and fire and life safety in the City. Below are adverse local climatic, geological, and topographic conditions that necessitate the modifications to the California Building Standards Code.

1. The City of Nevada City weather is mild during the summer when daytime temperatures tend to range in the 70-90-degree Fahrenheit range, and cold during the winter, which daytime temperatures tend to be in the 40-degree Fahrenheit range. The City experiences large temperature variations between night and day during the summer; the difference can be up to 40 degrees Fahrenheit.

2. The City has a mix of urban population growth interspersed with areas of vegetation growth. Intensive use of land in urban areas means bigger buildings, which can also create complex problems for fire safety.

3. Average yearly rainfall for the City is approximately 55 inches. This rainfall normally occurs from November to May. Precipitation creates a condition where emergency responders need to drive more cautiously. Snow and ice can be present during winter months, contributing to freezing and slick roadways and resulting in numerous vehicle collisions.

4. The City of Nevada City also has a Mediterranean Climate characterized by warm, dry summers that cause an increase in fire risk during the summer and fall months. A significant portion of the City resides in a Very High Fire Hazard Severity Zone, as classified by the California Department of Forestry and Fire Protection (CAL FIRE).

5. The City is bisected by numerous topographical features including creeks, natural parkways, open space, bridges/overpasses, freeways, drainage canals, wildland, and hillside areas. These topographical features significantly impact the ability of emergency responders to extinguish or control wildland or structure fires. The City resides at an elevation varying between 2200 to 2800 feet.

6. Moderate traffic congestion on the City's major streets and intersections at peak times acts as a constraint to timely response for fire and emergency vehicles. As a result of increased development both within the City and in the unincorporated area of the County, some roadways, and intersections in the City are expected to have significantly increased traffic flow rates in the future. In the event of an accident or other emergency sections of the City could be isolated or response time could be sufficiently slowed so as to increase the risk of injury or damage.

7. Extended response times for a full fire fighting force to a known fire have the strong potential for increased risk to life and increased property damage and built in fire protection systems such as automatic fire alarm and automatic fire sprinkler systems are necessary, where they are otherwise not required by this code, to limit the threat to life and increased property loss.

8. The local climatic and topographical conditions affect the acceleration, intensity, and size of fires in the community. Times of little or no rainfall, or low humidity and high temperature create extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires. Nevada City’s downtown and surrounding areas contain numerous historic and older buildings that are located close together, which can exacerbate the fire condition from dry conditions, wind, and shake shingle roofs.

Additionally, the City’s development pattern contributes to its unique fire protection needs as the City is intersected by natural features and is also subject to traffic conditions. Local vegetation contributes to the fire dangers in the City, as the vegetation provides ready fuel for fast-spreading wildfires. These structures and the flammable material are susceptible to ignition by embers from a wild land fire, furthering the spread of fire to adjacent buildings.

SECTION 5: Severability.

If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable.

SECTION 6: Effective Date.

This ordinance shall be in full force and effect commencing thirty (30) days after its final adoption and a summary hereof shall be published once within fifteen (15) days in The Union, a newspaper of general circulation printed and published in the County of Nevada and circulated in the City of Nevada City and hereby designated for that purpose by the City Council.

SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the manner and form provided by law in The Union, a newspaper of general circulation printed and published in the City of Nevada City, State of California, which said newspaper is hereby designated for that purpose.

APPROVED FOR INTRODUCTION AT A REGULAR MEETING on the 10th day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

PASSED, APPROVED, AND ADOPTED this 24th day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:
_____________________________
Doug Fleming, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________ Niel Locke, City Clerk Dean Pucci, City Attorney

STATE OF CALIFORNIA )
COUNTY OF NEVADA ) ss.

CITY OF NEVADA CITY )
I, ___________, City Clerk of Nevada City, do hereby certify that the foregoing ordinance was introduced on the ______th day of ____________, 2023, was regularly adopted at a meeting thereof on the ____th day of __________, 2023 and was published/posted pursuant to law. _____________________________
_______________, City Clerk

EXHIBIT A
Chapter 15.04
Sections:

15.04.005 Purpose.

15.04.010 Definitions.

15.04.015 California Codes adopted.

15.04.020 California amendments adopted.

15.04.023 Limit on discretion of building official
15/04.025 Copies of Codes and County amendments

15.04.030 Compliance with environmental health, zoning, encroachment requirements and other regulations.

15.04.031 Special rules applicable to building permits in City and Historical District.

15.04.035 Building Standards Board of Appeals.

15.04.040 Building Accessibility Standards Board of Appeals.

15.04.045 Work exempt from permit; building permit.

15.04.050 Work exempt from permit; building permit.

15.04.100 Savings clause

15.04.005 Purpose.

This Chapter is enacted for the purpose of providing minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures, regulated equipment, grading and construction activities that result in a land disturbance on private property within this jurisdiction in conformity with the 2022 edition of the California Building Standards and consistent with and complementary to standards adopted by the County of Nevada.

Nothing in the codes hereinafter adopted shall be construed to prevent any person from performing his own building, mechanical, plumbing or electrical work when performed with the permits in compliance with this Chapter.

15.04.010 Definitions.

For the purpose of this Chapter, the following terms and words used herein or in any of the codes or ordinances adopted by reference therein, unless the context directs otherwise, shall have the meaning ascribed to them by this Section:
"Board of appeals", "housing advisory" and "appeals board" and any other references to an appellate body in any of the uniform codes or County amendments adopted by reference by this Chapter mean such entities as may be designated by the city council of Nevada City by resolution.

EXHIBIT A
"Building official", "administrative authority", "responsible official", "chief building inspector", "plumbing official", "mechanical official", "electrical official" and similar references to a chief administrative position mean the building official for Nevada County under contract to furnish such services to Nevada City or such other entity as the city council of Nevada City may designate, subject to the limitations on their discretion provided in Section 15.04.023.
"City", "agency" or "jurisdiction" means the City of Nevada City. "Clerk of this jurisdiction" means the city clerk. "Governing body", "legislative body", "city council", "council" or "appointing authority" means the city council of Nevada City. "Technical codes" means those codes and publications adopted by Nevada City containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment.
“County” means the County of Nevada.

15.04.015 California Codes adopted.

Subject to the modifications and amendments contained in this Chapter, the following codes and standards are adopted and incorporated into the Municipal Code of the City of Nevada City by reference and have the same legal effect as if set forth herein:

A. Division II, Scope and Administration, 2022 California Building Code.

B. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 12 (California Referenced Standards Code), in whole thereof.

C. The 2022 edition of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 (California Building Code), incorporating the International Building Code, 2018 Edition, of the International Code Council, the whole thereof with State amendments, including appendixes “C”, “H”, “I” and “J” and amendments set forth in Article 3 of this Chapter.

D. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 9 (California Fire Code), incorporating the International Fire Code, 2018 Edition, of the International Code Council, the whole thereof with State amendments, save and except article 86 thereof, including appendix chapters and amendments set forth in Article 5 of this Chapter.

E. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 5 (California Plumbing Code), incorporating the Uniform Plumbing Code, 2018 Edition, of the International Association of Plumbing and Mechanical Officials, the whole thereof with State

EXHIBIT A
amendments, including appendix chapters and amendments set forth in Article 7 of this Chapter.

F. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 4 (California Mechanical Code), incorporating the Uniform Mechanical Code, 2018 Edition, of the International Association of Plumbing and Mechanical Officials, the whole thereof with State amendments, including appendix chapters and amendments set forth in Article 8 of this Chapter.

G. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 3 (California Electrical Code), incorporating the National Electrical Code, 2017 Edition, of the National Fire Protection Association, the whole thereof with State amendments, including annex chapters and amendments set forth in Article 11 of this Chapter H. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 2.5 (California Residential Code) incorporating the International Residential Code, 2018 Edition, of the International Code Council, the whole thereof with State Amendments, including appendixes “H”, “J”, “K”, “Q”, and “S” and amendments as set forth in Article 4 of this chapter.

I. The 2022 edition of the California Building Standards Code, known as the California Code of Regulation, Title 24, Part 11 (California Green Building Standards Code) in whole thereof, with State Amendments.

J. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 6 (California Energy Code) in whole thereof, with State Amendments.

K. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 8 (California Historical Building Code) in whole thereof, with State Amendments.

L. The 2022 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, Part 10 (California Existing Building Code), incorporating the International Existing Building Code, 2018 Edition, of the International Code Council, the whole thereof with State Amendments.

M. The 2021 International Property Maintenance Code, of the International Code Council.

N. The 1997 Uniform Code for the Abatement of Dangerous Buildings, of the International Conference of Building Officials.

O. The 1997 Uniform Housing Code, of the International Conference of Building Officials.

EXHIBIT A
P. International Swimming Pool and Spa Code, 2021 Edition with the amendments set forth in Article 9 of this Chapter.

15.04.020 County amendments adopted.

Subject to the modifications and amendments contained in this Title, the Nevada County amendments to the 2022 California Building Standards adopted by Nevada County on December 13, 2022 are adopted and incorporated into the Municipal Code of the City of Nevada City by reference and have the same legal effect as if set forth herein. Excluded from this adoption shall the following provisions adopted by the County by for inclusion in the Nevada County Land Use and Development Code:

A. The County amendment in section L-V 5.7 in Chapter V, Article 5 providing for fire agency appeals to the Board of Supervisors;
B. The County amendments in Chapter V, Article 11 adopting more comprehensive exemptions from grading permit requirements for landform grading for agriculture; and
C. Any regulations regarding the construction of limited density owner-built dwellings contained in the California Code of Regulations, Title 25, Chapter 1, Article 8, which has not been adopted by the City.

15.04.023 Limit on discretion of building official.

Whenever in the building regulations it is provided that anything must be done with the approval of or subject to the direction of the Building Official, this shall be construed to give such officer only the discretion of determining whether the rules and standards established by this Chapter have been complied with, and no such provision shall be construed as giving that officer any discretionary powers as to what such regulations or standards should be where the effect would be to increase the cost or time to complete the project or the power to require conditions not prescribed by this Chapter or to enforce such rules and standards in an arbitrary or discriminatory manner. Where the work for which the building permit is issued involves the remodel, restoration, renovation or rehabilitation of an existing building or structure, the Building Official shall not review or require changes to existing conditions outside the scope of the work for which the permit is issued or required.

15.04.025 Copies of Codes and County and City amendments.

Pursuant to Nevada County Land Use and Development Code Sec. L-V 1.5, the Nevada County Building Department maintains on file copies of the Codes and Standards referred to in Section 15.04.010 of this Chapter. Copies of Nevada County Ordinance adopting the County amendments referred to in the preceding section are on file with the County of Nevada and shall be maintained at City Hall as well, together with copies of this City Ordinance.

15.04.030 Compliance with environmental health, zoning, encroachment requirements and other regulations prerequisite to a building permit.

In addition to the applicable requirements in Sec. L-V 1.7. A-D, of the Nevada County Land Use and Development Code, a sewer backflow prevention device is required for

EXHIBIT A
property located in the City. A backflow device is required upon transfer of any parcel of real property within the City limits prior to close of escrow or transfer and upon issuance of a “final” of a building permit in accordance with the City of Nevada City adopted Resolution No. 2005-12.

In addition to the applicable requirements in Sec. L-V 1.7. A-D, subsection A of Sec, LV 1.8 and Sec. L-V 1.9 of the Nevada County Land Use and Development Code, no grading or building permit shall be issued for property located in the City until the land use is approved by the City.

15.04.031 Special rules applicable to building permits in City and Historical District.

A. In addition to the applicable requirements in Sec. L-V 1.7. A-D, subsection A of Sec, L-V 1.8 and Sec. L-V 1.9 of the Nevada County Land Use and Development Code, no grading or building permit shall be issued for property located in the City until the land use is approved by the City.

B. By City Ordinance Nos. 338, 344, 365, 89-5 and 92-5, the City has designated a downtown Historical District deemed to be of importance to the history, architecture and culture of Nevada City and the buildings and properties therein shall be considered to be qualified historical buildings or properties for purposes of allowing alternate standards under the Historical Building Code to be applied to any work thereon, including without limitation, remodel, restoration, renovation and rehabilitation thereof.

To encourage and promote such work and assure that it is not unduly restricted or delayed, the Building Official shall provide written notice to the City whenever any building permit is requested for buildings or properties within the Historical District and shall work with the City to facilitate timely completion, inspection and approval of such work and make no changes to a City-approved permit without prior written City approval.

15.04.035 Building and Accessibility Standards Board of Appeals.

A. In order to hear and decide appeals of discretionary orders, decisions or determinations made by the Building Official relative to the application and interpretation of the provisions of the technical codes or the Historical Building Code or relative to the enforcement of the California Access to Public Accommodations by Physically Disabled Persons regulations within the City, the city council may, on a case-by-case basis or for designated periods of time, 1) designate the Nevada County Building and Accessibility Standards Board of Appeals created pursuant to Section 113.1, as modified by Sec. L-V 2.1 of the Nevada County Land Use and Development Code, to act as the Nevada City Building and Accessibility Standards Board of Appeals; 2) create its own Building and Accessibility Standards Board of Appeals subject to the same regulations as a County Board with each council member appointing one member who is not an employee of the City and is qualified by experience and training to pass on the matters appealed, including, but not limited to building construction, building service equipment and grading, with each appointed member to serve at the pleasure of the appointing council member; or 3) proceed

EXHIBIT A
as provided in subsection C hereof. The Building Official making the decision appealed from may be an ex officio member and serve as secretary to the Board of Appeals but shall have no vote in the matter.

B. The option for the city council to create its own Building and Accessibility Standards Board of Appeals for decisions relating to property and buildings within the City as provided herein shall be available as an alternative to the provisions adopted by the County for appeals regarding all codes adopted herein where the county adopted provisions refer back to Section L-V 2.1 or 2.2 of the Nevada County Land Use and Development Code, whether or not specifically provided for in this Article.

C. In order to hear and decide appeals of discretionary orders, decisions or determination made by the Building Official relative to the application and interpretation of the provisions of the Historical Building Code and alternative measures allowable thereunder, the city council may, on a case-by-case basis, either proceed as provided in subsection A or designate the Nevada City Planning Commission to act on such appeals.

15.04.040 Not used.

15.04.045 Work exempt from permit; building permits (amend).

The work exempted in paragraph 1 of section 105.2 is amended to read as follows rather than as amended by Sec. L-V 2.3 of the Nevada County Land Use and Development Code:

1. One-story detached accessory buildings without electrical, mechanical or plumbing not intended for habitation, subject to the requirements of Nevada City Municipal Code Sec. 17.80.010, provided it is less than or equal to no more than 160 square feet in area and the projected roof area does not exceed 200 square feet. One structure per parcel.

15.04.050 Work exemptfrom permit;buildingpermits (add).

The work exempted in paragraph 14 of added to Section 105.2 by Sec. L-V 2.4 of the Nevada County Land Use and Development Code is amended to read as follows and that exempted in paragraph 15 added by Sec. L-V 2.5 of the Nevada County Land Use and Development Code is not adopted:

14. Detached trellis or arbor accessory to single family residential property provided it is no more than 160 square feet in area and the projected roof area does not exceed 200 square feet.

15.04.100 Savings clause.

The regulations set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to this chapter, set forth by the State of California or elsewhere in the City's

EXHIBIT A
code.

EXHIBIT A
Chapter 15.08

FIRESAFETY STANDARDS AND CALIFORNIA FIRE CODE AMENDMENTS Sections:

15.08.005 Purpose.

15.08.010 Definitions.

15.08.015 California Fire Code and county amendments adopted.

15.08.020 Responsibility for enforcement and review.

15.08.025 Appointment of fire marshal

15.08.030 Penalties.

15.08.035 Fire Agency Appeals

15.08.040 Open burning additional restrictions

15.08.045 Auxiliary power generator

15.08.100 Savings clause

15.08.005 Purpose.

This Chapter prescribing regulations governing fire prevention is enacted to provide increased protection from fire to residents and property within the city of Nevada City in conformity with the 2022 edition of the California Building Standards and consistent with and complementary to standards adopted by the County of Nevada. It is also intended to encourage a greater degree of uniformity between the local fire department and other fire protection districts and departments in the imposition of fire safety regulations on new construction and existing buildings, while respecting the autonomy of the local fire protection districts and departments. Nothing in this Code is intended to amend the provisions regarding sprinkler systems set forth in section 8.30 of the Nevada City Municipal Code.

15.08.010 Definitions.

For the purpose of this Chapter, the following terms and words used herein or in any of the codes or ordinances adopted by reference therein, unless the context directs otherwise, shall have the meaning ascribed to them by this Section:
"Board of appeals" and any other references to an appellate body in any of the uniform codes or County amendments adopted by reference by this Chapter mean such entities as may be designated by the city council of Nevada City by resolution.

EXHIBIT A
/
Chief', "fire chief", "city fire chief' and "chief of the fire department" mean the fire chief of the Nevada City Fire Department or his authorized designee. "City", "agency" or "jurisdiction" means the City of Nevada City. "Fire break" means a continuous strip of land upon which all rubbish, weeds, grass, or other growth that could be expected to burn when dry, has been abated or otherwise removed in order to prevent the surface extension of fire from one area to another.

15.08.015 California Fire Code and county amendments adopted.

Subject to the modifications and amendments contained in this Chapter, the 2022 California Fire Code and County amendments thereto were adopted by Sections

15.04.015 and 15.04.020 and incorporated into the Municipal Code of the City of Nevada City.

15.08.020 Responsibility for enforcement and review.

To clarify responsibility for enforcement and review as provided for in Nevada County Land Use and Development Coded Sec. L-V 5-4 within the City's jurisdiction:

A. Except as otherwise required by controlling state law, enforcement of fire safety laws, standards and regulations and review of projects for compliance therewith shall be enforced within the incorporated areas of the City by the city fire chief or the authorized representative thereof.

B. Whenever any application is made to the City for issuance of any discretionary land use permit or other land use entitlement, the City fire chief or authorized deputy, with enforcement responsibility pursuant to this Chapter, shall have the final authority and responsibility for review of such application for compliance with the requirements of this chapter. This review shall include the preparation of comments and appropriate mitigation measures and/or conditions of approval to assure compliance with all applicable fire safety laws, standards and regulations. To facilitate such review, copies of all such applications shall be promptly provided to the City fire chief or authorized deputy.

15.08.025 Appointment of fire marshal.

The amendment to the California Fire Code in sec. L-V 5.6 of Nevada County Land Use & Development Code is further amended within the City's jurisdiction to provide that the fire code official shall be appointed by the chief appointing authority of the jurisdiction and within the city's jurisdiction references to the County Fire Marshal shall refer to that appointed official.

15.08.030 Penalties.

In addition to the penalties provided for in the California Fire Code and in subsections A and B of Sec. L-V 5.7 of the County amendments thereto are added the following:

EXHIBIT A
C. Violations of any provisions of this chapter and the 2022 California Fire Code and County and City amendments thereto shall constitute a public nuisance and said conditions may be abated in accordance with existing laws and ordinances.

D. The remedies provided herein are not exclusive, and are in addition to any other remedy or penalty provided by law.

15.08.035 Fire Agency Appeals.

Provisions regarding appeals from determinations interpreting provisions of the California Fire Code made by the City fire chief shall be amended to read as follows rather than as amended by Sec. L-V 5.8 of the Nevada County Land Use and Development Code to supplement the basic requirements found in Section 108 the California Fire Code:

A Appeals from decisions to approve or not to approve permits pursuant to this Chapter or determinations interpreting provisions of the California Fire Code, as amended and adopted, made by the City fire chief regarding permits within the city, may be taken to the city council or the city council may, on a case-bycase basis or for designated periods of time, create its own Nevada City Fire Code Board of Appeals to hear the appeal with members nominated by the city fire chief in accordance with the member composition provisions set forth in Section A101.2, et seq., of Appendix A of the California Fire Code, and as confirmed by the city council.

B. In the event a Nevada City Fire Code Board of Appeals is created to hear and decide an appeal, the City fire chief, or his designee, shall be an ex-officio member and serve as secretary to the Board, but shall have no vote on any matter before the Board and the decision and findings shall be rendered to the City fire chief with a duplicate copy to the appellant.

15.08.040 Open burning additional restrictions.

In addition to restrictions on burning in the California Fire Code and county amendments as adopted by the city, open burning is further restricted by Chapter 8.08 of the Nevada City Municipal Code.

15.08.045 Auxiliary power generator.

In addition to the requirements of Sec. 605.3.3 of the California Fire Code and county amendments as adopted by the City, any new structure or remodel that has electrical power supplied by a secondary or auxiliary power unit with automatic startup and/or automatic power transfer capabilities shall have an auxiliary power disconnect accessible to fire department personnel. The auxiliary power disconnect switch shall be located within three (3) feet of the main power disconnect switch and identified with a permanently mounted, weather proof label marked “AUXILIARY POWER

EXHIBIT A
DISCONNECT”.

15.08.100 Savings clause.

The regulations set forth in this Chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to this Chapter, set forth by the State of California or elsewhere in the City’s code.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: May 10, 2023 Agenda Item No. 11
Subject: Consideration of Presentation on Biomass Electricity Purchase Options in Coordination with Pioneer Community Energy to Fulfill SB1383 Recovered Organic Waste Product Requirements
From: Sean Grayson, City Manager
Date: May 3, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Receive the presentation and provide direction to the City Manager to pursue a future contract for biomass electricity purchase.

ISSUE STATEMENT AND DISCUSSION:

In November of 2022 the City Council approved the City becoming a member of the Pioneer Community Energy JPA with the JPA providing power sales to all of the city beginning January 1, 2024.

Councilmember Petersen was appointed by the Council to the JPA board and has heard this item in that context. This item will include a presentation from the JPA and seeks direction from the Council to consider a contract for biomass electricity production.

Landfills are the third largest source of methane emissions in California. When buried in landfills, organic waste (including paper, cardboard, food scraps, food-soiled paper products, yard trimmings and other organic-based wastes) emit 20% of the state’s methane (a climate super pollutant 84 times more potent than carbon dioxide) and air pollutants like PM 2.5 (which contributes to health conditions like asthma).

Organics wastes makes up half of what Californians send to landfills. Reducing the amount of organic waste in landfills can have a direct impact on the climate crisis.

In September 2016, SB 1383 was signed into law, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California’s economy. As it pertains to solid waste, SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste by 2020, and a 75 percent reduction by 2025. In addition, the regulations require that at least 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025. These regulations represent the most Significant changes to the solid waste industry in California since 1989, when AB 939 first required recycling and waste diversion programs. The regulations include specific details for organics waste collection and food recovery programs that must be implemented by all jurisdictions and requires enforcement and reporting on these programs to demonstrate compliance.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None with this action. The actual cost of any purchased biomass derived power would be accounted for in the City budget during the year of purchase.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the embedded strategic initiative of Climate: Planning for and building resilience through adaptation to climate change and the embedded strategic initiative of Engagement:

Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

ATTACHMENTS:

Biomass Sale Agreement

PROCUREMENT COMPLIANCE ATTRIBUTE PURCHASE AGREEMENT
This PROCUREMENT COMPLIANCE ATTRIBUTE PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of [date] (the “Effective Date”) by and between DESERT VIEW POWER LLC, a Delaware limited liability company (“Seller”), and [FULL LEGAL NAME], a [jurisdiction of organization] [entity type] (“Buyer”). Seller and Buyer are sometimes referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, the Parties desire to enter into this Agreement in order to set forth the terms and conditions relating to the purchase and sale of certain biomass electricity compliance attributes for Buyer to satisfy its “Procurement of Recycled Organic Products by Local Jurisdictions” requirement of SB1383.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, agree as follows:

ARTICLE 1

DEFINITIONS
As used in this Agreement, the following defined terms have the meanings set forth below:
“Annual Report” means, with respect to any Contract Year, a report in the form attached hereto as Exhibit A setting forth the Facility, the number of Contract PCAs delivered in the Contract Year, the number of kWh produced by the Facility with Feedstock during such Contract Year, the amount of Buyer Energy Consumption during such Contract Year, and other terms applicable to such Contract PCAs. “Applicable Standard” means the Recovered Organic Waste Product procurement standards enacted by the State of California and set forth in Health and Safety Code Sections 39730 et seq., 42652, 42652.5, and 42653, and the rules and regulations promulgated by CalRecycle thereunder, including those regulations set forth in 14 Cal. Code Regs. Sections 18993.1 and 18993.2, all as may be amended from time to time.
“Business Day” means a day on which Federal Reserve member banks in San Francisco, California, are open for business.
“Buyer Energy Consumption” means, with respect to any period, the number of kWh of electricity that is consumed by municipal operations of Buyer or another eligible direct service provider to Buyer permitted by 14 Cal. Code Regs. Sections 18993.1(e)(2) during such period (either from the grid or directly), as certified in writing by Buyer to Seller from time to time at Seller’s reasonable request. “CalRecycle” means the California Department of Resources Recycling and Recovery, or a successor governmental authority responsible for implementing and/or promulgating the Applicable Standards and overseeing the qualification and use of PCAs in California. “Contract Year” means each twelve (12) calendar month period during the Term beginning on January 1 and ending on December 31.
“Contract Year-to-Date” means, as of any date in any Contract Year, the period from January 1 of such Contract Year through such date.
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“Event of Default” means, with respect to Party, any of the following events:
(a) The failure of such Party to pay any amount when due in full as and when required under this Agreement, and such amount is not paid in full within five (5) Business Days after receiving Notice thereof;
(b) With respect to Seller, the failure of Seller to satisfy its Contract PCA delivery obligations under this Agreement (other than following a payment default by Buyer), and such failure is not cured within five (5) Business Days of the date that it receives Notice from Buyer of such failure; (c) With respect to Buyer, the failure of Buyer to purchase Contract PCAs when required under this Agreement, and such failure is not cured within five (5) Business Days of the date that it receives Notice from Seller of such failure;
(d) If any representation or warranty made by such Party in Section 5.1 or Section 5.2, as applicable, proves to have been materially misleading or false in any material respect when made and such Party does not cure the underlying facts so as to make such representation and warranty materially correct and not misleading in any material respect within thirty (30) calendar days of receipt of Notice from the other Party setting forth in reasonable detail the circumstances underlying such materially false or misleading representation or warranty;
(e) With respect to Seller, the failure to provide Buyer with Notice as required under Section 2.3 that qualifying electricity generated at the Facility and sold into the grid during such period is not sufficient to produce the number of PCAs required to be delivered during such period and that therefore Seller’s obligation to deliver PCAs to Buyer during that period is excused to the extent qualifying electricity is insufficient.
(f) Any other failure of performance by such Party of its material obligations under this Agreement not otherwise specified as a separate Event of Default hereunder, and such failure is not cured within thirty (30) calendar days of receipt of Notice of Event of Default; or (g) Such Party (i) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (ii) becomes insolvent or is unable to pay its debts or fails or admits in writing its inability generally to pay its debts as they become due; (iii) institutes or has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors’ rights that is not dismissed within sixty (60) days; or (iv) has a secured party take possession of all or substantially all of its assets or has a distress, execution, receivership, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all of its assets and such secured party maintains possession, or any such process is not dismissed, discharged, stayed or restrained, in each case within thirty (30) days thereafter; provided, that a Final Determination that any PCAs are Disallowed PCAs shall not be an Event of Default. “Facility” means the biomass fueled electricity generation facility operated by Seller and located at 62300 Gene Welmas Way, Mecca, California 92254 or another biomass fueled electricity generation facility identified by Seller receiving Feedstock in compliance with Cal. Code Regs. Tit. 14, § 18993.1 (i) which may from time to time produce PCAs on the Seller’s behalf. “Feedstock” means biomass feedstock received directly from one or more eligible solid waste facilities described in 14 Cal. Code Regs. Section 18993.1(i). -3-
“Final Determination” means a determination by CalRecycle that any Contract PCAs are Disallowed PCAs, which determination is either (a) challenged in a court of competent jurisdiction and upheld in a final, non-appealable order by a court of competent jurisdiction; or (b) not challenged in any court prior to expiration of the period allowed for any court challenge. The order of a court will be deemed a “Final Determination” when the time for appeal, if any, will have expired and no appeal will have been taken or when all appeals taken will have been finally determined. “Interest Rate” means a rate equal to two percent (2%) over the per annum rate of interest equal to the prime lending rate as may from time to time be published in the Wall Street Journal under “Money Rates”; provided such interest rate shall never exceed the maximum lawful rate permitted by applicable law.
“kWh” means kilowatt-hours.
“Notice” means the process described in Section 7.2.
“Procurement Compliance Attribute” or “PCA” means an attribute associated with Recovered Organic Waste Products generated by the Facility with Feedstock that may be used by an eligible jurisdiction toward its SB 1383 Recovered Organic Waste Product procurement target, together with all associated Reporting Rights. For the avoidance of doubt, Procurement Attributes do not include any energy generated, or any other attributes, including renewable energy credits, capacity, avoided greenhouse gas emissions, avoided pollutant emissions, or any other credit, benefit, emission reduction, offset, or allowances, howsoever entitled, whether currently identified or identified any time in the future, attributable from a biomass conversion facility and/or its avoided emission of pollutants. A quantity of PCAs (including Contract PCAs) shall be expressed in kWh, and shall be converted into equivalent tons using the conversion ratio of one ton for every 650 kWh or such other conversion ratio required by the Applicable Standard. “PCA Certificate” means, with respect to any Contract PCAs, a certificate required by 14 Cal. Code Regs. Section 18993.2(a)(6) in the form attached hereto as Exhibit B relating to such Contract PCAs. “Quarterly Certificate” means, with respect to any Quarterly Period, a certificate in the form attached hereto as Exhibit C setting forth the number of Contract PCAs (a) delivered in such Quarterly Period, the Purchase Price to be paid for such Contract PCAs, Buyer Energy Consumption during such Quarterly Period, and other terms applicable to such Contract PCAs; and (b) delivered in the applicable Contract Year through the end of such Quarterly Period, the Purchase Price paid (or to be paid) for such Contract PCAs for the Contract Year through the end of such Quarterly Period, Buyer Energy Consumption during the Contract Year through the end of such Quarterly Period, and other terms applicable to such Contract PCAs.
“Quarterly Period” means each three (3) calendar month period during the Term ending on each March 31, June 30, September 30, and December 31; provided that the first and last Quarterly Periods of the Term shall be pro-rated based on the start date or end date of the Term, as applicable. “Recovered Organic Waste Products” has the meaning set forth in 14 Cal. Code Regs. Section 18982(60) and that meets the requirements set forth in 14 Cal. Code Regs. Section 18993.1. “Reporting Rights” means, with respect to any PCA, the right of Buyer to report that it owns such PCA to CalRecycle for purposes of applying such PCA to its SB 1383 Recovered Organic Waste Product procurement target.
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“Unit Contingent” means that Seller’s obligation to deliver PCAs to Buyer during any period shall be excused to the extent qualifying electricity generated at the Facility and sold into the grid during such period is not sufficient to produce the number of PCAs required to be delivered during such period. “Vintage Year” means, with respect to any PCAs, the calendar year or years during which such PCAs were generated, as set forth in the applicable Quarterly Certificate or Annual Report. “SB 1383” means California’s Short-Lived Climate Pollutant Reduction law. “Term” means the period defined in Section 6.1.

ARTICLE 2

PURCHASE AND SALE OF PCAS

2.1 Purchase and Sale. Subject to the terms and conditions of this Agreement, Seller shall sell to Buyer, and Buyer shall purchase from Seller:
(a) Contract Years. During each Contract Year, a number of PCAs equal to the lesser of the following (“Total Annual Generated PCAs”): (i) the number of PCAs allocated to Buyer on Schedule I attached hereto for such Contract Year; (ii) if Seller determines that the total PCA generation from the Facility for a Contract Year (“Total Facility Generation”) is or will be insufficient for any reason to produce enough PCAs for Seller to meet its delivery obligations under this Agreement and all other PCA sales agreements for such Contract Year (“Seller’s Total Delivery Obligation”), the number of PCAs allocated to Buyer by Seller on a pro-rata basis based on Total Facility Generation and Seller’s Total Delivery Obligation; and (iii) the number of PCAs corresponding to the total aggregate Buyer Energy Consumption during such Contract Year; provided, that Seller shall not be obligated to sell to Buyer in any Contract Year PCAs in excess of the percentage of generation allocated to Buyer on Schedule I attached hereto for such Contract Year; and
(b) Quarterly Periods. During each Quarterly Period within a Contract Year, (i) a number of PCAs (if positive) equal to the lesser of (1) Total Annual Generated PCAs allocated to Buyer for such Contract Year-to-Date through the end of such Quarterly Period; and (2) the number of PCAs corresponding to the total aggregate Buyer Energy Consumption during such Contract Year-to-Date through the end of such Quarterly Period; minus (ii) the total aggregate number of PCAs purchased and sold under this Agreement during the applicable Contract Year prior to the first day of such Quarterly Period; provided, that Seller shall not be obligated to sell to Buyer in any Quarterly Period PCAs in excess of the percentage of generation allocated to Buyer on Schedule I attached hereto.

The PCAs required to be purchased and sold pursuant to this Section 2.1 are referred to herein as the “Contract PCAs”. Buyer shall not directly or indirectly sell or transfer any Contract PCAs to any person or entity without Seller’s prior written consent in each instance.

2.2 Pricing. Subject to the terms and conditions of this Agreement, Buyer shall purchase the Contract PCAs at a price per Contract PCA set forth in Schedule I (the “Per PCA Price”). The total aggregate amount due for all Contract PCAs in any period (calculated by multiplying the number of Contract PCAs during such period by the Per PCA Price) is referred to herein as the “Purchase Price”.

2.3 Delivery Obligation. Notwithstanding anything to the contrary in this Agreement, the obligation of Seller to sell and deliver Contract PCAs, and of Buyer to purchase and accept the Contract PCAs, is Unit Contingent. Within five (5) Business Days of Seller making a final determination that qualifying electricity generated at the Facility and sold into the grid during an applicable period is not -5-
sufficient to produce the number of PCAs required by this Agreement to be delivered during such period, Seller shall provide Buyer with Notice of such final determination.

2.4 Fulfillment of Obligations. Buyer covenants and agrees that during the Term, Buyer shall accurately and completely report all Buyer Energy Consumption and will not seek to circumvent its obligation to purchase all of the Contract PCAs required to be purchased by Buyer under this Agreement.

Seller covenants and agrees that during the Term, Seller shall not reduce the number of Contract PCAs in order for Seller to sell such Contract PCAs to another purchaser at a higher Per PCA Price, except to the extent Seller is permitted to do so by this Agreement.

ARTICLE 3

TRANSFERS

3.1 Delivery. The Contract PCAs set forth on each PCA Certificate shall become usable by Buyer towards Buyer’s SB 1383 Recovered Organic Waste Products procurement target upon Seller’s receipt of payment in full for such Contract PCAs in accordance with Article 4.

3.2 Further Assurances. The Parties shall cooperate fully and assist each other to obtain any and all required approvals and/or forms which may reasonably be required to effectuate the transfer of the Contract PCAs to Buyer in accordance with this Agreement, and to comply with the Applicable Standard and any and all other regulatory obligations relating to SB 1383 Recovered Organic Waste Products procurement as required by CalRecycle.

3.3 Responsibility. Each Party shall be responsible for all costs, fees, brokerage commissions, taxes, and charges of whatever kind and amount that such Party incurs in connection with the performance of its respective obligations under this Agreement.

3.4 Cooperation. Upon notification that any transfer contemplated by this Agreement will not be completed, the Parties shall promptly confer within five (5) days and shall cooperate in taking reasonable actions necessary to cure any defects in the proposed transfer, so that the transfer can be completed.

3.5 Maximums.
(a) Energy Usage Maximum. Notwithstanding anything in this Agreement to the contrary, Buyer covenants and agrees that Buyer shall not apply (or seek to apply) Contract PCAs toward Buyer’s SB 1383 Recovered Organic Waste Product procurement target in any Contract Year to the extent the number of kWh of energy covered by such Contract PCAs, on an as converted to kWh basis, exceeds the amount of Buyer Energy Consumption.
(b) Maximum PCAs. Notwithstanding anything in this Agreement to the contrary, but subject in all respects to Article 2, Buyer shall not be required to purchase PCAs in any Contract Year, on an as converted to kWh basis, in excess of the number of PCAs corresponding to the Buyer Energy Consumption during such Contract Year. In the event Buyer Energy Consumption during any Contract Year is not sufficient to support the purchase and sale of all Contract PCAs, then Seller shall, in addition to any other rights or remedies available to Seller under this Agreement, at law or in equity, have the right (but not the obligation) to sell such excess PCAs to any purchaser other than Buyer at any price negotiated by Seller, and Seller shall be permitted to retain all proceeds of such sales. -6-
ARTICLE 4
REPORTS; BILLING; PAYMENT

4.1 Monthly Energy Usage. Within ten (10) calendar days after the last day of each calendar month, Buyer shall provide Seller with a statement of the Buyer Energy Consumption during such calendar month, together with true, accurate and complete copies of all bills, invoices and other documentation reasonably requested by Seller for energy purchased and consumed by Buyer for its own municipal operations, and energy purchased and consumed by each eligible direct service provider to Buyer allowable by the Applicable Standard (if any) for its own operations, during such calendar month (“Consumption Documents”).

4.2 Reporting.
(a) Quarterly Certificates. Within thirty (30) calendar days after the last day of each Quarterly Period, Seller shall provide to Buyer a Quarterly Certificate, together with an invoice relating to such Quarterly Period (each, a “Quarterly Invoice”).
(b) Annual Reports. Within thirty (30) calendar days after the last day of each Contract Year, Seller shall provide to Buyer an Annual Report, together with an invoice relating to such Contract Year (each, an “Annual Invoice”; Quarterly Invoices and Annual Invoices are referred to herein as “Invoices”) and a PCA Certificate for such Contract Year. For the avoidance of doubt, each Annual Invoice will include a netting of all Purchase Price invoiced in respect of the applicable Contract Year against all Purchase Price paid in respect of the applicable Contract Year, with a statement of the resulting payment or credit due.
(c) Other Information. Each Party shall provide such other information relevant to the performance of such Party’s obligations under this Agreement, or to confirm compliance by such Party with its obligations under this Agreement, as may be reasonably requested by the other Party. (d) Extension; Deemed Purchase. If Buyer fails to deliver all Consumption Documents relating to any applicable period within the period provided in Section 4.1, the deadline for Seller to deliver a Quarterly Certificate or Annual Report shall be automatically extended to the thirtieth (30th) calendar day from and after the date that Seller receives all Consumption Documents for such period. If Buyer fails to deliver all Consumption Documents relating to any Contract Year or Quarterly Period, as applicable, within twenty-five (25) calendar days after the last day of such Contract Year or Quarterly Period, as applicable, then Seller shall provide Buyer with Notice and ten (10) days opportunity to deliver the Consumption Documents. If Buyer fails to provide all Consumption Documents during such ten (10) day period, the Seller have the right, but not the obligation, to Invoice Buyer for one hundred percent (100%) of the Contract PCAs required to be purchased and sold for such Contract Year or Quarterly Period, as applicable, pursuant to Section 2.1, regardless of the amount of Buyer Energy Consumption, and Buyer shall be obligated to pay the full Purchase Price for such PCAs. Buyer shall be solely responsible for any and all matters resulting from any delay or failure to provide Consumption Documents, including any refusal by CalRecycle to accept or apply any PCAs towards Buyer’s SB 1383 Recovered Organic Waste Product procurement target.

4.3 Review.
(a) Quarterly Invoices. Buyer shall have thirty (30) days from the date of a Quarterly Invoice (the “Quarterly Invoice Review Period”) to review and confirm the calculation of the Purchase Price set forth in the Quarterly Invoice in accordance with this Agreement. If Buyer has a good faith dispute that the Purchase Price in the Quarterly Invoice has not been calculated in accordance with this Agreement, -7-
Buyer shall deliver Seller a written notice of such dispute reasonably describing the basis therefor prior to 4:30 p.m. Pacific Time on the last Business Day of the Quarterly Invoice Review Period (each, a “Notice of Dispute”). Failure to deliver a Notice of Dispute prior to 4:30 p.m. Pacific Time on the last Business Day of the Quarterly Invoice Review Period for any Quarterly Invoice (the “Quarterly Invoice Dispute Deadline”) shall, subject to Section 5.4, result in Buyer irrevocably accepting the applicable Quarterly Invoice and waiving any dispute with respect to the applicable Quarterly Invoice and all audit rights under Section 4.6 with respect thereto. If Buyer delivers a valid Notice of Dispute prior to the Quarterly Invoice Dispute Deadline for a Quarterly Invoice, the Parties shall meet in a good faith effort to resolve such dispute during the thirty (30) day period following delivery of the Notice of Dispute. (b) Annual Invoices. Buyer shall have thirty (30) days from the date of an Annual Invoice (the “Annual Invoice Review Period”) to review and confirm the calculation of the net Purchase Price set forth in the Annual Invoice in accordance with this Agreement. If Buyer has a good faith dispute that the Purchase Price in the Annual Invoice has not been calculated in accordance with this Agreement, Buyer shall deliver Seller a Notice of Dispute prior to 4:30 p.m. Pacific Time on the last Business Day of the Annual Invoice Review Period. Failure to deliver a Notice of Dispute prior to 4:30 p.m. Pacific Time on the last Business Day of the Annual Invoice Review Period for any Annual Invoice (the “Annual Invoice Dispute Deadline”) shall, subject to Section 5.4, result in Buyer irrevocably accepting the applicable Annual Invoice and waiving any dispute with respect to the applicable Annual Invoice and all audit rights under Section 4.6 with respect thereto. If Buyer delivers a valid Notice of Dispute prior to the Annual Invoice Dispute Deadline for an Annual Invoice, the Parties shall meet in a good faith effort to resolve such dispute during the thirty (30) day period following delivery of the Notice of Dispute.

4.4 Payment. Buyer shall pay each Invoice within thirty (30) days from the date of such Invoice. All payments made under this Agreement shall be made in immediately available United States Dollars by electronic transfer without additional notice, and without fees, deductions for counterclaims, set off (except as expressly provided in Section 5.4) or other claims, to the following account:

Seller: Desert View Power LLC
Bank: [●]
Account Number: [●]
ABA Number: [●]

4.5 Late Payment. If Buyer fails to remit any amount payable hereunder by it when due, interest on such unpaid amount shall accrue daily at the Interest Rate and be payable on demand. The right to collect such interest shall be in addition to, and not in lieu of, any other rights or remedies available to the receiving Party, whether pursuant to this Agreement at law or in equity.

4.6 Audit Rights. Each Party (or its designee) shall have the right, with at least two (2) Business Days’ prior written notice, at its sole expense and during normal working hours, to examine and make copies of the books and records of the other Party to the extent reasonably necessary to verify the accuracy of any payment, charge or computation made pursuant to this Agreement; provided, that no adjustment for any Invoice disputed in accordance with Section 4.3 will be made unless a Notice of Dispute is submitted prior to the applicable Dispute Deadline. If any such examination reveals any inaccuracy, the necessary adjustments in payments due will be promptly made and paid or refunded, as applicable.

ARTICLE 5

REPRESENTATIONS AND WARRANTIES

5.1 Mutual Representations and Warranties. Each Party represents and warrants to the other Party, as of the date of this Agreement that:
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(a) It is duly organized and validly existing under the laws of the jurisdiction of its organization and, if relevant under such laws, in good standing; (b) It has the organizational authority and power to execute, deliver and perform its obligations under this Agreement;
(c) Assuming execution and delivery by the other Party, this Agreement constitutes a legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms, subject to bankruptcy, reorganization, and similar laws affecting creditors’ rights generally and to general principals of equity (regardless of whether considered in a proceeding in equity or at law); (d) There is no pending or (to its knowledge) threatened litigation, arbitration or administrative proceeding that materially adversely affects its ability to perform its obligations under this Agreement; and
(e) It is not relying upon any advice, reports, analyses, or representations of the other Party other than those expressly set forth in this Agreement, or any guarantee of the obligations of such other Party, and the other Party has not given to it any assurance or guarantee as to the expected financial performance or results of this transaction, and it has entered into this transaction as principal and for its own account (and not as advisor, agent, broker or in any other capacity, fiduciary or otherwise), with a full understanding of, and the ability to assume, the terms and risks of the same, and has made its trading and investment decisions (including regarding the suitability thereof) based upon its own judgment and any advice from such advisors as it has deemed necessary.

5.2 Contract PCAs. Seller warrants with respect to Contract PCAs delivered by Seller pursuant to this Agreement that (a) the Facility received Feedstock during the Vintage Year from one or more of the facilities set forth in 14 Cal. Code Regs. Section 18993.1(i) in a sufficient amount to produce electricity underlying such Contract PCAs; (b) such Contract PCAs are derived from electricity generated from Feedstock at the Facility during the Vintage Year; (c) Seller has the right and power to sell such Contract PCAs; (d) such Contract PCAs are delivered free from all liens, claims, security interests, encumbrances and other defects of title arising through Seller prior to delivery (other than Buyer’s obligation to pay Seller the Purchase Price); and (e) such Contract PCAs have not otherwise been sold or transferred by Seller to any jurisdiction other than Buyer to satisfy any Recovered Organic Waste Product obligation elsewhere under any standard, marketplace or jurisdiction.

5.3 Buyer Consumption. Buyer represents and warrants that Buyer is, and at all times during the term will be, a jurisdiction within the meaning of 14 Cal. Code Regs. Section 18993.1(a), and that Buyer will exercise Reporting Rights with respect to Contract PCAs in respect of any period only to the extent Buyer Energy Consumption during such period permits Buyer to do so.

5.4 Disallowed PCAs. If there is a Final Determination that any Contract PCAs purchased by Buyer hereunder do not meet the requirements for Buyer’s SB 1383 Recovered Organic Waste Product procurement target as set forth in the Applicable Standard due solely to the feedstock used to generate electricity at the Facility to produce such PCAs not qualifying as “Feedstock” (“Disallowed PCAs”), then Seller shall refund to Buyer (or, if Buyer owes any amounts hereunder to Seller, apply toward such balance) the Purchase Price actually paid by Buyer for such Disallowed PCAs or, if Seller has not yet invoiced Buyer for such Disallowed PCAs, Seller shall not invoice Buyer (and Buyer shall not be required to pay the Purchase Price) for such Disallowed PCAs. Buyer acknowledges and agrees that the remedies granted to Buyer in this Section shall be the sole and exclusive remedies of Buyer for any Final Determination that any PCAs are Disallowed PCAs. Notwithstanding the foregoing, if any person or entity challenges a Final Determination that any PCAs are Disallowed PCAs in a court of competent jurisdiction, then (a) the Parties -9-
shall reasonably cooperate with such person or entity in its efforts to challenge such Final Determination; and (b) neither Party shall oppose such person or entity in its efforts to challenge such Final Determination. and (c) the remedies set forth in this Section shall not be exercisable unless and until a Final Determination is made that PCAs are Disallowed PCAs.

5.5 Limitation of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 5.1,

5.2, 5.3 and 5.4, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY

KIND, AND EACH PARTY EXPRESSLY DISCLAIMS, AND THE OTHER PARTY

ACKNOWLEDGES THAT SUCH PARTY IS NOT RELYING UPON, ANY OTHER

REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN OR ORAL, AND WHETHER

EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR

WARRANTY WITH RESPECT TO (A) CONFORMITY TO MODELS OR SAMPLES, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE; OR (B) ANY ACTION OR

FAILURE TO ACT, OR APPROVAL OR FAILURE TO APPROVE, OF ANY AGENCY OR GOVERNMENTAL ENTITY.

5.6 Limitations of Liability. THE PARTIES CONFIRM AND AGREE THAT UNDER THIS

AGREEMENT, NO PARTY IS REQUIRED TO PAY OR WILL BE LIABLE FOR SPECIAL,

CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, LOST

PROFIT, LOST REVENUE, COSTS OF DELAY, LIABILITY TO THIRD PARTIES, BUSINESS

INTERRUPTION DAMAGES, OR OTHERWISE, WHETHER BY STATUTE, IN TORT, CONTRACT

OR OTHERWISE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE PARTIES’ PERFORMANCE (OR NON-PERFORMANCE) UNDER THIS AGREEMENT. IN NO EVENT WILL EITHER PARTY’S LIABILITY FOR ANY CLAIM OF ANY KIND (INCLUDING, BUT

NOT LIMITED TO, NEGLIGENCE) FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN

CONNECTION WITH OR RESULTING FROM THIS AGREEMENT OR FROM PERFORMANCE OR BREACH THEREOF EXCEED THE PURCHASE PRICE REQUIRED TO BE PAID HEREUNDER.

5.7 Survival. The representations in Sections 5.1 5.2, 5.3 and 5.4 shall survive any expiration or termination of this Agreement until the first (1st) anniversary of the termination of the Term, whereupon they shall automatically terminate and be of no further force or effect.

ARTICLE 6
TERM; SURVIVAL.

6.1 Term. This Agreement is effective as of the Effective Date and will remain effective until the earlier to occur of (a) delivery of all of the Contract PCAs and Seller’s receipt of the full Purchase Price for all Contract PCAs; (b) the termination of this Agreement pursuant to Section 6.2 or Section 7.9; and (c) [date] (the “Term”).

6.2 Termination Due to Event of Default. If an Event of Default occurs with respect to either Party (the “Defaulting Party”) at any time during the Term, the other Party (the “Performing Party”) may, in addition to any other rights or remedies available to the Performing Party, (a) designate by written notice delivered to the Defaulting Party a date, no earlier than the day such notice is delivered and no later than twenty (20) days after such notice is delivered, as the early termination date of the Term; or (b) by written notice delivered to the Defaulting Party, immediately suspend transfers of Contract PCAs due in respect of this Agreement (provided that such suspension shall not suspend or otherwise affect Buyer’s obligations to pay for Contract PCAs delivered prior to the date of suspension).

6.3 Survival. Except as set forth herein, Article 1, Article 2, Article 3, Article 4, Section 5.5, Section 5.6, Section 5.7, this Section 6.3, and Article 7 (subject to the limitation in Section 7.6) shall survive -10-
expiration or termination of the Term. Termination of the Term or this Agreement shall not release any Party from the obligation to pay any amounts which may be due or owing under this Agreement with respect to any period prior to the date of termination of this Agreement.

ARTICLE 7

GENERAL PROVISIONS

7.1 Waiver of Immunity. Each Party waives, to the fullest extent permitted by applicable law, with respect to itself and its revenues and assets (irrespective of their use or intended use), all immunity on the grounds of sovereignty or other similar grounds from (a) suit; (b) jurisdiction of any court; (c) relief by way of injunction or order for specific performance or recovery of property; (d) attachment of its assets (whether before or after judgment); and (e) execution or enforcement of any judgment to which it or its revenues or assets might otherwise be entitled in any suit, action, or proceedings relating to any dispute arising out of or in connection with this Agreement.

7.2 Notices. All notices, invoices, other formal communications which either Party may give to the other under or in connection with this Agreement shall be in writing and shall be sent by any of the following methods: hand delivery; reputable overnight courier; certified mail, return receipt requested; or e-mail. Notices, invoices and communications shall be deemed given when (a) actually received; (b) delivered by private courier (with confirmation of delivery); (c) transmitted by e-mail (with confirmation of transmission) (d) the next Business Day after delivered to a reputable overnight courier with all charges prepaid; or (e) five (5) Business Days after being deposited in the United States mail, first-class, registered or certified, return receipt requested, with postage paid. The communications shall be sent to the following addresses, or a different address provided by the receiving Party in accordance with the notice delivery requirements above:

If to Seller:

Desert View Power LLC
3600 American River Drive, Suite160
Sacramento, California 95864
Attention:

Phone:

E-mail:

If to Buyer:
[name]
[address]
Attention: [●]
Phone: [●]
Email: [●]

7.3 Force Majeure. Neither Party shall be liable for any failure or delay in the performance of its respective obligations hereunder (other than the obligation to make any payment) if and to the extent that such delay or failure is due to a cause or circumstance beyond the reasonable control of such Party, which event or circumstance was not anticipated as of the Effective Date, including acts of God; expropriation or confiscation of facilities by a governmental agency (including without limitation a tribal authority); compliance with any change of law or government regulation, or order by government authority; act of war, rebellion or sabotage or damage resulting therefrom; fire, flood, earthquake, explosion or accident; epidemic or pandemic; riot, strike, or other concerted acts of workmen, whether direct or -11-
indirect(“Force Majeure”). Notwithstanding the foregoing, Force Majeure shall not include (a) the loss of Buyer’s markets for PCAs; (b) Buyer’s inability to use PCAs for regulatory compliance reasons caused by Buyer; (c) Buyer’s ability to purchase PCAs from another source or at a price lower than the Per PCA Price; or (d) Seller’s ability to sell PCAs at a price greater than the Per PCA Price. To the extent either Party is prevented by Force Majeure from carrying out, in whole or part, its obligations under this Agreement and such Party (the “Claiming Party”) gives written notice and details of the Force Majeure to the other Party as soon as practicable, then, the Claiming Party shall be excused from the performance of its obligations hereunder (other than the obligation to make payments then due or becoming due with respect to performance prior to the Force Majeure). The Claiming Party shall seek to remedy the Force Majeure with commercially reasonable efforts. The non-Claiming Party shall not be required to perform or resume performance of its obligations to the Claiming Party corresponding to the obligations of the Claiming Party excused by Force Majeure. A Party seeking to be excused from performance of any of its obligations hereunder is not required to rely solely on this Section, but shall be entitled to rely on any other applicable provision of this Agreement.

7.4 Entire Agreement; Amendments. The terms of this Agreement constitute the entire agreement between the Parties with respect to the matters set forth in this Agreement and supersede all prior and contemporaneous representations, warranties, covenants and agreements, whether oral or written. This Agreement may be changed only by written agreement identified as an amendment to this Agreement executed and delivered after the date hereof by all of the Parties.

7.5 Waiver. Either Party may waive compliance with any of the agreements or conditions of the other Party contained herein. Any such waiver shall be valid only if expressly set forth in an instrument in writing signed by the Party to be bound thereby. Any waiver of any breach, term or condition shall not be construed as a waiver of any subsequent breach or a subsequent waiver of the same term or condition, or a waiver of any other term or condition, of this Agreement. No delay by Buyer or Seller in exercising its rights or remedies hereunder, including the right to terminate this Agreement or suspend performance, shall be deemed to constitute or evidence any waiver by Buyer or Seller of any right hereunder. The rights granted in this Agreement are cumulative of every other right or remedy that the enforcing Party may otherwise have at law or in equity or by statute.

7.6 Confidentiality.
(a) Definition. For purposes of this Agreement, “Confidential Information” means oral and written information exchanged between the Parties in connection with this Agreement, including but not limited to utility customer account data, trade secret, and proprietary information, and personal financial data. . Notwithstanding the foregoing, the following shall not constitute Confidential Information:
(i) information which was already in a Party’s possession on a non-confidential basis prior to its receipt from the other Party; (ii) information which is obtained from a third person who, insofar as is known to the Party, is not prohibited from transmitting the information to the Party by an obligation of confidentiality to the other Party; (iii) information which is or becomes publicly available through no fault of the Party; (iv) information which is at any time independently developed by employees or consultants of a Party who have not had access to Confidential Information in the possession of that Party; and (v) records which are deemed to be public records subject to disclosure under the California Public Records Act, Government Code Section 6250, et seq.
(b) Generally. Except as provided in this Section 7.6, neither Party shall use for any purpose other than completing the transactions contemplated by this Agreement, or publish, disclose, or otherwise divulge Confidential Information to any person at any time during or after the Term, without the other Party’s prior express written consent. Each Party may permit knowledge of and access to Confidential Information only to those of its affiliates and its and their members, directors, managers, officers, attorneys, -12-
accountants, representatives, agents and employees that have a need to know related to this Agreement and agree to keep such information confidential.
(c) Required Disclosure. Notwithstanding the foregoing, if required by any law, statute, ordinance, decision, order or regulation passed, adopted, issued or promulgated, or if requested by a court, governmental agency or authority having jurisdiction over a Party, that Party may release Confidential Information, or a portion thereof, to the court, governmental agency or authority, as required or requested, provided that, if permitted by applicable laws, such Party has notified the other Party of the required disclosure, such that the other Party may attempt (if such Party so chooses) to cause that court, governmental agency, or authority to treat such information in a confidential manner or to prevent such information from being disclosed or otherwise becoming part of the public domain, and the Party being compelled to disclose shall reasonably cooperate (at the disclosing Party’s expense) with the disclosing Party’s reasonable requests to limit or prevent such disclosure. (d) Survival. This Section 7.6 survives for a period of one (1) year following the expiration or termination of this Agreement.

7.7 Governing Law. This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of California, including its statutes of limitations and repose, but without regard to any borrowing statute that would result in the application of the statute of limitations or repose of any other jurisdiction.

7.8 Venue. Each Party hereby (a) irrevocably consents to the exclusive jurisdiction of any California State and Federal courts sitting in Sacramento, California with respect to all actions and proceedings arising out of or relating to this Agreement; (b) agrees that all claims with respect to any such action or proceeding shall be heard and determined exclusively in such California State or Federal court; (c) waives the defense of an inconvenient forum; (d) consents to service of process by mailing or delivering such service to it at its address set forth below and (v) agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

7.9 Change in Law. If any statutes, rules, or regulations are enacted, amended or revoked which (other than statutes, rules, or regulations are enacted, amended or revoked by Buyer) have the effect of (a) changing the transfer and sale procedures set forth in this Agreement so that the implementation of this Agreement becomes impossible or impracticable; (b) making this Agreement illegal or unenforceable; or (c) eliminating the existence of the Contract PCAs or prohibiting Buyer from applying PCAs to Buyer’s SB 1383 Recovered Organic Waste Product procurement target (a “Change in Law"), the Parties agree to negotiate in good faith to amend this Agreement to conform with such Change in Law in order to maintain the original intent of the Parties under this Agreement. If the Parties cannot agree in good faith to amend this Agreement to conform with such Change in Law in order to maintain the original intent of the Parties under this Agreement within sixty (60) days of a Party providing the other Party with a written notice of a Change in Law, then either Party may terminate this Agreement upon delivery of written notice of termination to the other Party.

7.10 Construction; Interpretation. All Article and Section headings contained in this Agreement are for convenience of reference only, do not form a part of this Agreement and shall not affect in any way the meaning or interpretation of this Agreement. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any -13-
other gender, masculine, feminine, or neuter, as the context requires. Unless otherwise expressly provided, the words “include” and “including” do not limit the preceding words or terms, and mean “including without limitation”. In the calculation of any period of time, if the last day of such period falls on a day other than a Business Day, the period of time shall be automatically extended to the next Business Day.

With regard to all dates and time periods set forth or referred to in this Agreement, time is of the essence.

The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.

7.11 Assignment. Buyer may not assign this Agreement or its rights or obligations hereunder in whole or in part. Seller may assign, mortgage, pledge, sell, or otherwise directly or indirectly assign its interest in this Agreement or its rights hereunder with the prior written consent of Buyer which shall not be unreasonably withheld.

7.12 No Third Party Beneficiaries. This Agreement is solely for the benefit of the Parties (and their successors and assigns permitted hereunder) shall not impart any rights enforceable by any other third party.

7.13 Electronic Transmissions. Each Party agrees that (a) any signature page to this Agreement, consent or signed document transmitted by electronic transmission shall be treated in all manner and respects as an original written document; (b) any such signature page, consent or document shall be considered to have the same binding and legal effect as an original document; and (c) at the request of any Party, any such signature page, consent or document transmitted by electronic transmission shall be reexecuted and/or re-delivered, as appropriate, by the relevant Party or parties in its original form. Each Party further agrees that such Party will not raise the transmission of a signature page, consent or document by electronic transmission as a defense in any proceeding or action in which the validity of such signature page, consent or document is at issue and hereby forever waives such defense. For purposes of this Agreement, the term “electronic transmission” means any form of communication not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process.

7.14 Counterparts. This Agreement may be executed in one or more counterparts and by different Parties in separate counterparts, each of which will be deemed an original, but all of which will together constitute one instrument.
[remainder of page intentionally blank]
-Signature PageProcurement Compliance Attribute Purchase Agreement IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its duly authorized representatives as of the date first set forth above.

DESERT VIEW POWER, LLC
By:

Name:

Title:
[LEGAL NAME OF ENTITY (ALL CAPS)]
By:

Name:

Title:

EXHIBIT A

FORM OF

ANNUAL REPORT
This Annual Report, dated as of [date], evidences the purchase and sale of the number of Contract PCAs during the Contract Year set forth below pursuant to that certain Procurement Compliance Attribute Purchase Agreement, dated as of [date] (the “Purchase Agreement”), between Desert View Power LLC (“Seller”) and [name of buyer] (“Buyer”). Capitalized terms used but not defined in this Certificate shall have the meanings assigned in the Purchase Agreement.

Contract Year Ending: [●]
Facility: [●]
Contract PCAs During Contract Year (kWh): [●]
Buyer Energy Consumption (kWh) During Contract Year: [●] Total PCAs Delivered During Contract Year (kWh): [●]
Total PCAs Delivered During Contract Year (equivalent tons): [●] [Note to Draft: this Form of Report to be adjusted to reflect annual reporting requirements specified by CalRecycle]

EXHIBIT B

FORM OF

PCA CERTIFICATE
DESERT VIEW POWER LLC (“Seller”), through the undersigned authorized representative in his official capacity as an officer, DOES HEREBY CERTIFY UNDER PENALTY OF PURJURY as of [date] that:

1. This Certificate is being delivered pursuant to that certain Procurement Compliance Attribute Purchase Agreement, dated as of [date] (the “Purchase Agreement”), between Seller and [name of buyer] (“Buyer”). Capitalized terms used but not defined herein shall have the meanings assigned in the Purchase Agreement.

2. Seller is the owner and operator of the biomass-fueled electricity generation facility located at 62300 Gene Welmas Way, Mecca, California 92254 (the “Facility”).

3. The Facility qualifies as a biomass conversion facility that generates electricity for sale to the California electricity grid through the use of biomass feedstock received directly from one or more permitted solid waste facilities described in 14 Cal. Code Regs. Section 18993.1(i).

4. During the Contract Year identified below, the Facility generated electricity from biomass feedstock received directly from one or more permitted solid waste facilities described in 14 Cal. Code Regs. Section 18993.1(i) sufficient to produce the number of PCAs transferred to Buyer under the Purchase Agreement during the Contract Year identified below (the “Transferred PCAs”):

Number of Transferred PCAs Contract Year Ended
[●] December 31, [●]

5. Upon payment in full for the Transferred PCAs, the Transferred PCAs have not otherwise been sold or transferred by Seller to any jurisdiction other than Buyer to satisfy any recovered organic waste obligation elsewhere under any standard, marketplace or jurisdiction.

IN WITNESS WHEREOF, this Certificate has been executed and delivered by a duly authorized representative as of the date first set forth above.

DESERT VIEW POWER, LLC
By:

Name:

Title:

EXHIBIT C

FORM OF

QUARTERLY CERTIFICATE
This Quarterly Certificate, dated as of [date], evidences the purchase and sale of the number of Contract PCAs during the Quarterly Period and Contract Year set forth below pursuant to that certain Procurement Compliance Attribute Purchase Agreement, dated as of [date] (the “Purchase Agreement”), between Desert View Power LLC (“Seller”) and [name of buyer] (“Buyer”). Capitalized terms used but not defined in this Certificate shall have the meanings assigned in the Purchase Agreement.

Facility: [●]
Quarterly Period Ending: [●]
Contract Year Ending: [●]
(a) Buyer Energy Consumption for
Contract Year-to-Date through end of
Quarterly Period:
[●]
(b) PCAs allocated to Buyer Contract
Year-to-Date through end of Quarterly
Period:
[●]
(c) PCAs delivered by Seller to Buyer
during prior Quarterly Periods of Contract
Year:
[●]
PCAs delivered by Seller to Buyer this
Quarterly Period, equal to the lesser of (a)
or (b), less (c)
[●]
Price per kWh: $[●]
Price per Equivalent Ton: $[●]
Aggregate Purchase Price Due: $[●]
Expected Energy Consumption 1,214,993
Contract PCA Volume 750,750
Original Original Updated Updated Total Total
Projection Projection Actual Actual Forecast Forecast Projected Projected Consumption* PCAs generated* Consumption* PCAs generated* Consumption* PCAs generated* Consumption* PCAs generated* January 101,249 37,538 85,000 50,000 85,000 50,000
February 101,249 37,538 85,000 50,000 85,000 50,000
March 101,249 37,538 85,000 50,000 85,000 50,000
April 101,249 37,538 90,000 75,000 90,000 75,000
May 101,249 90,090 95,000 130,000 95,000 130,000
June 101,249 90,090 100,000 175,000 100,000 175,000
July 101,249 90,090 110,000 80,000 110,000 80,000
August 101,249 90,090 110,000 80,000 110,000 80,000
September 101,249 90,090 100,000 30,000 100,000 30,000
October 101,249 75,075 95,000 16,000 95,000 16,000
November 101,249 37,538 95,000 13,000 95,000 13,000
December 101,249 37,538 95,000 1,750 95,000 1,750
YTD / Future 1,214,993 750,750 540,000 530,000 605,000 220,750 1,145,000 750,750 * Attributed to this jurisdiction

SCHEDULE I

PRICING AND VOLUME
The example schedules below represent pricing based on the cumulative volume signed up by June 30, 2023.by all Pioneer Community Energy jurisdictions. The contract with each individual jurisdiction will have its individualized schedule inserted into the document.

Pricing is in three tiers: 0-10,000 tons; 10,001-20,000 tons; 20,001+ tons.

All PCAs purchased will be priced at the total volume signed up by June 30, 2023. * The volume in 2027 will automatically adjust to represent 100% of the Buyer’s Recovered Organic Waste Product target as provided by CalRecycle, with the Percentage of Generation and the Purchase Price filled in accordingly.

If Total 2025 Commitment from all Pioneer Community Energy jurisdictions is up to 10,000 tons as of 6/30/2023:

Then Schedule 1 would look like this:

Vintage Year
Per PCA Price
($/ton
equivalent)
Per PCA Price
($/kWh)
Volume
(tons
equivalent) Volume (kWh) Percentage of Generation
Purchase Price
(Contract Year)
2023 $31.50 $0.0485 3,000 1,950,000 1.30% 94,500.00 $
2024 $32.45 $0.0499 6,500 4,225,000 2.82% 210,892.50 $
2025 $33.42 $0.0514 10,000 6,500,000 4.33% 334,183.50 $ 2026 $34.42 $0.0530 10,000 6,500,000 4.33% 344,209.01 $ 2027* $35.45 $0.0545 TBD TBD TBD TBD
If Total 2025 Commitment from all Pioneer Community Energy jurisdictions is 10,001 to 20,000 tons as of 6/30/2023:

Then Schedule 1 would look like this:

Vintage Year
Per PCA Price
($/ton
equivalent)
Per PCA Price
($/kWh)
Volume
(tons
equivalent) Volume (kWh) Percentage of Generation
Purchase Price
(Contract Year)
2023 $30.25 $0.0465 3,942 2,562,300 1.71% 119,245.50 $
2024 $31.16 $0.0479 8,541 5,551,650 3.70% 266,116.21 $
2025 $32.09 $0.0494 13,140 8,541,000 5.69% 421,691.84 $ 2026 $33.05 $0.0509 13,140 8,541,000 5.69% 434,342.59 $ 2027* $34.05 $0.0524 TBD TBD TBD TBD
If Total 2025 Commitment from all Pioneer Community Energy jurisdictions is 20,001 to 30,000 tons as of 6/30/2023:

Then Schedule 1 would look like this:

Vintage Year
Per PCA Price
($/ton
equivalent)
Per PCA Price
($/kWh)
Volume
(tons
equivalent) Volume (kWh) Percentage of Generation
Purchase Price
(Contract Year)
2023 $29.00 $0.0446 6,265 4,071,990 2.71% 181,673.40 $
2024 $29.87 $0.0460 13,573 8,822,645 5.88% 405,434.47 $ 2025 $30.77 $0.0473 20,882 13,573,300 9.05% 642,457.70 $ 2026 $31.69 $0.0488 20,882 13,573,300 9.05% 661,731.43 $ 2027* $32.64 $0.0502 TBD TBD TBD TBD

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: May 10, 2023 Agenda Item No. 12
Subject: Consideration of a Public Improvement Agreement Between the City of Nevada City and Jonathan Rowe to
Provide Funding for the Sidewalk, Little Deer Creek
Drainage, and Parking Improvements at the Stonehouse and Adjacent City Right-of-Way.

From: Sean Grayson, City Manager
Date: May 3, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Approve the agreement and authorize the City Manager to execute any related documents.

ISSUE STATEMENT AND DISCUSSION:

Little Deer Creek exits public trail property and traverses underground along the property of the Stonehouse at 107 Sacramento Street and empties into a collection system at Sacramento Street that empties into Deer Creek. The City has a floating easement allowing public access to the trail through the Stonehouse property.

There is no fixed easement nor constructed path of travel from the trail to the existing sidewalks on Boulder and Sacramento Streets. The culvert underlying the Stonehouse property has failed and a sinkhole is present on the property. The City and property owner previously worked to stabilize the sinkhole to allow proper drainage, access to the trail, and usability of the property. The stabilization is no longer effective and full replacement of the culvert and remediation of the sinkhole is required.

The Infrastructure Strategic Initiative Committee met on February 3, 2023, with staff and the owner of the property Jonathan Rowe. The committee supported the development of an agreement to ensure the project is completed and that the contract come to the City Council for consideration upon completion. Staff has worked with the owner to develop a public improvement agreement to address the sinkhole, the drainage, access to the trail, and other considerations. The attached agreement provides that the City will pay $171,614 for the costs related to providing a sidewalk and fencing amenity connecting the trail to the existing sidewalk on Boulder Street and the costs related to connection of storm drain infrastructure along the property and project edge at Sacramento Street. The agreement also provides that the City will pay $150,170 toward the project costs as compensation for:
• A fixed easement for pedestrian travel along the newly created sidewalk connecting the trail to the existing Sacramento Street sidewalk.
• The lease of the parking lot and adjoining area for use as a staging area for purposes of the Nevada Street bridge replacement from June 1, 2023, through December 31, 2024, with provisions to ensure access and usability by the business for the duration of the project. • The lease of the parking lot on a non-exclusive basis as City parking from June 1, 2023, through June 1, 2030, with provisions to allow exclusive use applications by the business for events or other activities.

The property owner may either place the remaining funds in an escrow account from which the project will be paid for or the owner may bond for the project as provided. The project is anticipated to be completed by September of 2023.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The City $171,614 will be funded from Measure M and the $150,170 will be funded from Parking contributions ($50,000) and unassigned reserve fund balance ($100,170) and be accounted for in the fiscal year 2023-2024 budget with the expenses occurring in that fiscal year.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the embedded strategic initiative of Climate: Planning for and building resilience through adaptation to climate change and the embedded strategic initiative of Engagement:

Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

ATTACHMENTS:

Public Improvement Agreement

CITY OF NEVADA CITY

PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into as of this 10th day of May 2023, by and between the City OF NEVADA CITY, a municipal corporation (“City”), and, Jonathan Rowe (“Owner”). In consideration of the funding provided by City for the Project described below and the mutual covenants and agreements contained herein, City and Owner agree as follows:

RECITALS
(a) Owner and City desire to remediate a sink hole located on Owner’s property (“Project”) which property is more particularly described in Exhibit “A,” attached hereto and incorporated into this Agreement.
(b) In consideration of partial funding of the Project by City, Owner desires to enter into this Agreement, whereby Owner covenants to install and complete, all improvement work required by City in connection with the Project (the “Improvements”), as further described in Exhibit “A”. (c) Improvement plans for the construction, installation and completion of the Improvements will be prepared by Owner and approved by the City Engineer. (d) The City will partially fund this Project and the Improvements for the purpose of 1) acquiring a fixed easement for pedestrian travel along the newly created sidewalk connecting the trail to the existing Sacramento Street sidewalk; 2) the lease of the parking lot and adjoining area for use as a staging area for purposes of the Nevada Street bridge replacement from June 1, 2023, through December 31, 2024, with provisions to ensure access and usability by the business for the duration of the project; and 3) the lease of the parking lot on a non-exclusive basis as City parking from June 1, 2023, through June 1, 2030, with provisions to allow exclusive use applications by the business for events or other activities. (e) All legal prerequisites to the making of this Agreement have occurred.

AGREEMENT
NOW, THEREFORE, in consideration of the joint funding to construct the Improvements identified herein and other good and valuable consideration, receipt of which is hereby acknowledged, Owner and City agree as follows:

ARTICLE I. Obligations of Owner

1. In consideration of City’s partial funding of the Improvements, Owner undertakes and agrees that it will make all the Improvements upon and in connection with the Project in accordance with plans and specifications therefore on file with City (“Approved Plans”), incorporated herein and made a part hereof, and including all conditions of approval required by the City Engineer and City Council of City (“Conditions”) in connection with 2 the various steps leading to construction and final approval of the Improvements. Owner further undertakes and agrees upon the same consideration to comply with all ordinances and regulations of City, and to do all other and further acts required of it pursuant to this Agreement. Owner agrees in connection therewith to pay or cause to be paid all amounts becoming due to contractors, subcontractors, and persons renting equipment or furnishing labor or materials to the Project with respect to such Improvements, or to Owner with respect thereto. Owner agrees that all such Improvements shall be constructed and completed in accordance with the Approved Plans, City standards as determined by the City Engineer and in accordance with any Conditions as hereinabove referred to, and in accordance with the remaining provisions of this Agreement. In case of any dispute, the good faith judgment of the City Engineer shall be final and binding upon the parties.

2. Owner shall commence the design and engineering and construction plans for the Improvements within 30 days from the date this Agreement is approved by the City Council of Nevada City and shall complete said design and engineering and construction plans within 90 days from the date of execution of this Agreement.

3. Subject to the provisions of §37, below, Owner shall commence the construction and installation of the Improvements within 30 days from the approval of the Approved Plans by City and shall complete said work within 180 days from the date of execution of this Agreement.

4. If any of the Improvements and/or land development work contemplated by this Agreement are to be constructed or installed on land not owned by Owner, no construction or installation shall be commenced prior to:
a. Receipt and conditional acceptance of the offer of dedication to City of appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, in form approved by City’s City Attorney; or b. The dedication to, and acceptance by, City of appropriate rights-of-way, easements or other interests in real property, as determined by the City Engineer; or c. The issuance by a court of competent jurisdiction pursuant to the Eminent Domain Law of the State of California of an order of possession. Owner shall comply in all respects with the order of possession. Nothing contained in this § 4 shall be construed as authorizing or granting an extension of time to Owner.

5. Owner shall at all times guarantee Owner’s performance of this Agreement by depositing adequate funds or a bank letter of credit to ensure completion of all of Owner’s duties and obligations into a project escrow account to be held by a Title Company of the Owner’s choosing.
3 6. City shall at all times guarantee City’s funding for the Improvements required by this Agreement by depositing adequate funds to ensure completion of all City’s duties and obligations into the project escrow account to be held by the chosen Title Company.

7. Escrow Holder shall release progress payments to Property Owner upon approval of the City Engineer subject to the following milestone schedule:
a. When Phase 1 of construction, consisting of items 1 through 5 and 12 of the “cost breakout” in Appendix “A” is complete, as determined by the City, Property Owner may submit the first invoice for payment in the maximum amount of $112,858.
b. When Phase 2 of construction, consisting of items 6 through 11 of the “cost breakout” in Appendix “A” is complete, as determined by the City, Property Owner may submit the first invoice for payment in the maximum amount of $101,579.50.
c. When Phase 3 of construction, consisting of items 13 through 17 and 22 of the “cost breakout” in Appendix “A” is complete, as determined by the City, Property Owner may submit the first invoice for payment in the maximum amount of $179,400.
d. When Phase 4 of construction, consisting of items 1 through 5 and 12 of the “cost breakout” in Appendix “A” is complete, as determined by the City, Property Owner may submit the first invoice for payment in the maximum amount of $112,858.
e. When Phase 5 of construction, consisting of items 27 through 31 of the “cost breakout” in Appendix “A” is complete, as determined by the City, Property Owner may submit the first invoice for payment in the maximum amount of $38,640.
f. Payments from the Escrow account will be made as the project progresses and only against matched invoice payments from the owner and shall not exceed a total of $643,575.

8. As an alternative to the above performance security using the escrow account process, Owner may at all times guarantee Owner’s performance of this Agreement by furnishing to City, and maintaining, good and sufficient security on forms approved by City for the purposes and in the amounts as follows:
a. To assure faithful performance of this Agreement in regard to said Improvements in an amount of 100% of the estimated cost of the Improvements; b. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor and materials for the Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 100% of the estimated cost of the Improvements;
c. To guarantee or warranty the work done pursuant to this Agreement for a period of one (1) year following acceptance thereof by City against any defective work or labor done or defective materials furnished in the additional amount of 25% of the estimated cost of the Improvements; and
4 9. The securities required by this Agreement shall be maintained in the Office of the City Clerk. The terms and provisions of the security documents referenced herein are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security, in writing.

10. While no action of Owner shall be required in order for City to realize on its security under any security document, Owner agrees to cooperate with City to facilitate City’s realization under any security, and to take no action to prevent City from such realization under any such security. Notwithstanding the giving of any security or the subsequent expiration of any security or any failure by any surety or financial institution to perform its obligations with respect thereto, Owner shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the Improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefore, deliver to City such substitute security as City shall require satisfying the requirements in this § 7.

11. Owner shall, at all times, maintain proper facilities and safe access for inspection of the Improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, Owner may request a final inspection by the City Engineer. If the City Engineer determines that the work has been completed in accordance with the provisions of this Agreement, then the City Engineer shall certify the completion of the Improvements to the City Council. No Improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in conformance with the Approved Plans, Conditions and City standards. Owner shall bear all costs of plan check, inspection and certification.

12. Subject to approval by the City Council of City, the securities required by this Agreement shall be released as follows:
a. Security for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof.
b. The City Engineer may authorize release of a portion of the security given for faithful performance of Improvements work as the improvement progresses upon application therefore by the Owner; provided; however, that no such release shall be for an amount less than 25% of the total improvement security given for faithful performance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement.
5 c. Security to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six (6) months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to the City Council of City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.
d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in § 5, the warranty period shall not commence until final acceptance of all the work and Improvements by the City Council. e. City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees.

13. Owner shall promptly replace, or cause to be replaced, or repair or have repaired, as the case may be, any public improvements, public utility facilities and surveying monuments which are destroyed or damaged as a result of any work under this Agreement. Owner shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

14. Owner shall, at Owner’s sole cost and expense, obtain any and all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law.

15. Until final acceptance of the Improvements, Owner shall give good and adequate warning to the public of each and every dangerous condition existing in, about or around said Improvements, and will take all reasonable actions to protect the public from any such dangerous condition.

ARTICLE II. Obligations of City

16. City will partially fund the Improvements in the amount of One Hundred Seventy-One Thousand Six Hundred Fourteen Dollars ($171,614) as a direct contribution for City costs on the project as detailed in the description and table attached hereto as Exhibit “A”.

17. City will provide additional funding, to be used exclusively for the cost of the Improvements, in the amount of One Hundred Fifty Thousand One Hundred SeventyThree Dollars ($150,170) as compensation for the following:
6 a. A fixed easement for pedestrian travel along the newly created sidewalk connecting the trail to the existing Sacramento Street sidewalk. b. The lease of the parking lot and adjoining area for use as a staging area for purposes of the Nevada Street bridge replacement from June 1, 2023, through December 31, 2024, with provisions to ensure access and usability by the business for the duration of the project.
c. The lease of the parking lot on a non-exclusive basis as City parking from June 1, 2023, through June 1, 2030, with provisions to allow exclusive use applications by the business for events or other activities.

18. City and Owner agree to enter into good faith negotiations within 60 days of the final execution of this Agreement by all parties to agree on the terms of an Easement and Parking Lot Lease Agreement to finalize the area of the pedestrian easement and the parking lot joint uses.

ARTICLE III. Defaults and Remedies

19. Default of Ownershall include, but not be limited to, Owner’sfailure to timely commence construction pursuant to the provisions of this Agreement; Owner’s failure to timely complete construction of the Improvements; Owner’s failure to timely cure any defect in the Improvements; Owner’s failure to perform substantial construction work for a period of twenty (20) days after commencement of the work; Owner’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Owner fails to discharge within thirty (30) days after the filing thereof; the commencement of a foreclosure action against the Project or the property described in Exhibit A, or any conveyance in lieu or in avoidance of foreclosure; or Owner’s failure to perform any other obligation under this Agreement.

20. City reserves to itself all remedies available to it at law or in equity for breach of Owner’s obligations under this Agreement. City shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate City damages in event of default by Owner. The right of City to draw upon or utilize such security is in addition to and not in lieu of any other remedy available to City. It is specifically understood by Owner that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the Improvements and, therefore, City’s damages due to Owner’s default shall be measured by the actual cost of completing the required Improvements. The sums provided by the improvement security may be used by City for the completion of the Improvements in accordance with the improvement plans and specifications contained herein.

21. In the event Owner defaults under this Agreement, Owner authorizes City to perform such obligation twenty (20) days after mailing written notice of default to Owner and to Owner’s Escrow Agent or Surety, and agrees to pay the entire cost of such performance by City.
7 22. City may take over the work and prosecute the same to completion, by contract or by any other method City deems advisable, for the account and at the expense of Owner, and Owner, or Owner’s surety should one be utilized by Owner, shall be liable to City for any excess cost or damages occasioned City thereby. In such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Owner as may be on the site of the Improvements and necessary for performance of the work.

23. In the event Owner fails to perform any obligation hereunder, Owner agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorneys’ fees.

24. The failure of City to take enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or subsequent default or breach of Owner.

ARTICLE IV. Insurance, Indemnities and Waivers

25. Owner shall defend, indemnify, and hold harmless City, and its elected and appointed officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Owner, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, and its elected and appointed officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Owner’s obligation to indemnify hereunder shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected and appointed officials, officers, employees, or agents.

26. Owner hereby acknowledges that the partial funding of the Improvements by City constitutes the full and complete settlement of any and all claims for compensation or damages against City, by reason of City’s financial participation in funding the Improvements and any dislocation of Owner from Owner’s property which is the subject of this Agreement, specifically including, but not limited to, the value of the property interest, any and all claims in inverse condemnation and for pre-condemnation damages, severance damages, any and all loss of business goodwill, and any and all other claims that 8 Owner may have, whether or not specifically mentioned here, relating directly or indirectly to the construction of the Improvements on Owner’s property.

27. Owner and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby release City from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation, damages, which any of them now have, or might hereafter have by reason of any matter or thing arising out or in any way relating to any condemnation action affecting the Owner’s property. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties. This section shall survive the completion of the Improvements and the termination of this Agreement.

28. RELEASE AND PROPERTY OWNER INDEMNIFICATION. Except for instances involving a breach by City of its obligations under this Agreement, Property Owner releases, remises, acquits and forever discharges City, its employees, agents, attorneys and other representatives (collectively “Released Parties”) from and against any and all claims, causes of action, suits, legal or administrative orders or proceedings, demands, actual damages, punitive damages, losses, costs, liabilities and expenses, WHETHER KNOWN OR UNKNOWN, direct or indirect, foreseeable or unforeseeable, by any and all, current and/or future tenants, which concern or in any way relate to the City’s participation in the construction or funding of the Improvements, including, but not limited to, any and all claims for greater compensation, severance damages, litigation fees, costs, damages, loss of goodwill, real property, furniture, fixtures and equipment, and interest.

Owner expressly waives any and all rights Property Owner may have under Section 1542 of the California Civil Code, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

All of the provisions of this Section 28 shall survive the Close of Escrow.

29. Insurance.
a. City shall maintain the following insurance: (1) Commercial General Liability with limits of Two Million Dollars ($2,000,000.00) per occurrence, (2) Automobile Liability with a combined single limit of One Million Dollars ($1,000,000.00) per accident, (3) Workers Compensation as required by law, and (4) Employer's Liability with limits of One Million Dollars ($1,000,000.00) per occurrence. 9 b. If City maintains broader coverage and/or higher limits than the minimums shown above for all policies, the Owner requires and shall be entitled to the broader coverage and/or higher limits maintained by City or their contractors, subcontractors, or agents. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Owner. c. Owner, at Owner's sole cost and expense, shall procure and maintain on the Owner's Property, bodily injury and property damage insurance with a combined single limit of at least One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against liability of Owner, its employees and agents arising out of or in connection with Owner's use, occupancy, and maintenance of Owner's Property and the construction of the Improvements on Owner’s Property.
d. Each party shall provide to the other a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the execution of this Agreement by all Parties.

ARTICLE V. General Provisions

30. Compliance with Labor Code. This Agreement is subject to, and Owner agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, workers compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including Sections 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 and 1861, which provisions are specifically incorporated herein by reference as though set forth herein in their entirety. Owner shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the improvements hereunder.

31. Owner hereby warrants and guarantees all work hereunder against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City (“Warranty Period”). During the Warranty Period, Ownershall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Improvements, in accordance with the then-current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty Period shall be at the sole cost, expense, and liability of Owner and its surety. As to any Improvements which have been repaired, replaced, or reconstructed during the Warranty Period, Owner and its surety hereby agree to extend the Warranty Period for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed improvement(s). Nothing herein contained shall relieve Owner from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any such 10 improvement following expiration of the Warranty Period or any extension thereof.

Owner’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

32. Neither Owner nor any of Owner’s agents or contractors are or shall be considered to be agents of City in connection with the performance of Owner’s obligations under this Agreement.

33. In the event any of the Improvements are to be dedicated to the City, then until such time as the Improvements are accepted by City, Owner shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed hereunder. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Owner will be responsible for the care, maintenance of, and any damage to such Improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements specified in this Agreement prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by Owner.

34. Nothing contained herein shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other persons for the apportionment of costs of water and sewer mains, or other Improvements, pursuant to the provisions of City ordinances providing therefore, nor shall anything in this Agreement commit City to any such apportionment.

35. Time is of the essence of this Agreement.

36. Owner shall commence substantial construction of the Improvements required by this Agreement as specified in § 2, above. In the event good cause exists, as determined by the City Manager or his or her designee, the time for commencement of construction or completion of the Improvements hereunder may be extended. The request for extension shall be made in writing to the City Manager. Any approval of the extension shall be in writing, executed by the City Manager. Any such extension may be granted without notice to Escrow Agent or Owner’s surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Owner to an extension. Delay, other than delay in the commencement of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and which were not caused by or contributed to by Owner, shall constitute good cause for an extension of the time for completion. As a condition of such extension, the City Manager may require Owner to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.

37. Performance by Owner of this Agreement shall not be construed to vest Owner’s rights with respect to any change in any zoning or building law or ordinance. 11 38. If Owner fails to construct and install all or any part of the Improvements within the time required by this Agreement, or if Owner fails to comply with any other obligation contained herein, Owner and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorneys’ fees and costs, incurred in obtaining compliance with this Agreement or in prosecuting any legal action or for any other remedies permitted by law.

39. All notices required or permitted under this Agreement shall be in writing and delivered in person or sent by mail, postage prepared, and addressed as follows:

To City: City of Nevada City
317 Broad Street.

Nevada City, California 95959
Attention: City Manager
With a copy to: Dean Pucci
City Attorney
City of Nevada City
6349 Auburn Blvd.

Citrus Heights, CA 95621
Email [email protected]
To Owner: Jonathan Rowe
107 Sacramento Street
Nevada City, CA 95959
With a copy to: Apex Building Technology Inc.

Greg Nickel
204 W. Main St. #118
Grass Valley CA 95945
Any such notice, by mail, shall be deemed to have been received by the addressee fortyeight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above.

41. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys’ fees.

42. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above:

Dated: ____________________
[Owner]
By:

Name:

Title:

By:

Name:

Title:

CITY OF NEVADA CITY,
A municipal corporation
_________________________
Sean Grayson, City Manager
ATTEST:

Gabrielle Christakes, Dep. City Clerk
Approved as to form:
________________________
Dean Pucci,
City Attorney
OWNER’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS

SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO OWNER’S BUSINESS ENTITY. 13 Appendix “A”

TO BE INCLUDED ON THE NEXT PAGE
Apex Building Technology Inc.

As Profile Builder
204W. Main St. #118
Grass Valley, CA 95945
Phone: (949) 903-0626
Email: [email protected]
Proposal Date: November, 29, 2021
Owner’s information:

Jonathan Roe
107 Sacramento Street Nevada City, CA 95959
Construction Location: 107 Sacramento Street Nevada City, CA 95959 Scope of Work: Demolition and reconstruction of culvert and parking lot, new access pathway from Pioneer Trail to Broad Street including decorative steel fencing and guard railings. New sidewalk and steel railings at front of Stone house on Sacramento Street.

A. The design and submittal for grading permit from the city.

B. All necessary inspections shall be completed as required by the Local Area Jurisdiction.

C. Architecture drawing fee and engineering is included in this proposal.

1. Neighbors will need to be notified that they will need to park offsite during the operating hours during construction of the project.

2. The walking trail will need to be closed during the duration of the project.

3. A water bypass coffer dam will be built using a 6" electric pump run by a quiet diesel generator that will run 24/7 until a gravity system can be in place. The line will be placed along the southern edge of the project and discharge in the existing tunnel under Sacramento Street.

4. The rock wall around the open drain at the west side of the culvert will be removed.

All vegetation will be removed and hauled off. All concrete chunks will be removed and disposed of.

NOTE: The running sewer line is currently right on top of the existing culvert.

This is a high risk line that will be protected during the operation. There is a plan in place to span the open trench with a beam of sufficient length and strength to support the line. There is no provisions in our plan to replace or move the pipe.

There is no way of changing the separation between the sewer line and the culvert.

5. The asphalt in the parking lot is in poor condition considering existing culvert failure and will require a minimum 10' wide trench that will be in depth from 10' to 13'. Shoring is required and will be utilized. The open trench will be covered with trench plate in certain circumstances.

6. The existing pipes will be removed, smashed on site, off-hauled and disposed.

Material cost for new culvert pipe is included in this proposal.

7. The pipe bedding will be pea gravel placed to conform to the required grade.

Pipe will be installed and pinned with pea gravel. The downstream side of the pipe will be left open to allow the construction of the confluence vault.

8. A cast-in place vault with an open top that connects the downstream section of the pipe to the existing tunnel that runs under Sacramento Street shall be constructed. The open top will exist until the inlet headwall is complete. Once the headwall is complete, a length of HDPE pipe shall be installed through the new culvert, past the lower vault. Then the removal of the water bypass system will take place.

NOTE: In the event there is a storm event, plastic and sand bags will be placed to minimize the potential for erosion.

9. A lid for the vault with a portal for the parking lot drain line to be tied into shall be built. There will be no manhole built into this vault.

10. Once the vault is closed, the new pipe will be covered with pea gravel.

NOTE: 700 tons of pea gravel are estimated for this project. The trench opening will then be backfilled with whatever native dirt is left onsite. There is a large void of material that will require a lot of backfill to be imported — this will be mostly pea gravel to minimize compaction concerns. There is rough estimate provided on the plans. We have calculated the required quantities as close as possible. The top12"-18" will be backfilled with 3/4AB and compacted.

11. Grade will be made relatively flat between the stone house and exterior edge of culvert and Asphalt will be laid 4” in this area and 2” as overlay in the rest of parking area. Existing area cracked and alligatored shall be fiber reinforced prior to overlay of asphalt. We expect to cut a wider section of asphalt out than actual cut will be. The width of the new asphalt will range between 14'- 20'.

12. 2 loads of rip rap have been accounted for. It is estimated that existing rip-wrap will be reused in part as well as boulders that are currently in the water way.

13. A bridge deck shall be installed over the exposed portion of the creek at the culvert head area and shall be incorporated into the Head and Wing wall construction of the culvert. Barrier railings shall be installed and pedestrian walkway shall be created along 6’ at the deck edge and shall transition from Pioneer trail to Broad along the property line.

14. The walkway nearest Broad Street will be constructed with a new apron access point cut through the existing stone wall and the pathway from pioneer trail to Broad street. it shall be newly surfaced with asphalt. A steel fencing shall be newly constructed as barrier to the pedestrian walkway and parking lot and new 8’ access gate shall be built to provide access from parking to trail head.

15. The walkway shall penetrate the rock wall both at pioneer trail and at Broad Street. and the entrance to Pioneer trail shall be expanded to 8’ per City request.

At Broad street the pedestrian walkway will be transitioned via new apron and rock wall to be finished where removed.

16. New steel arbor entrances shall be built at the head and tail of the pedestrian walkway and historical monument installed at trail head entrance.

17. Rock wall to be reconstructed where necessary.

18. Barricade railings to be constructed per plan along bridge deck overlooking creek.

19. Expansion of side walk in front of building at Sacramento St. including barricade railings to be installed. Sidewalk to have high curb cut away from existing street and to be formed adjacent to existing utility boxes. Utility boxes to be relocated and reset by others to sidewalk level prior to pour.

20. Parking shall be surfaced and stripe per the plans.

Project Notes:
a. Note: Robinson Enterprises shall perform the demolition, excavation placing of culvert and back fill. NorCal construction shall perform the forming and pouring of headwalls and vault.
b. Note: Any costs associated to weather events are extras and shall be assessed as work change orders at time of event. Contractor cannot be responsible for weather events and owner understands that there are certain risks involved with performing the work during potential seasonal events.

1. Start and completion dates
a. The start date is projected 1-2 weeks after the deposit is obtained.

Contractor failure to commence work, without lawful excuse within 20 days from the specified date above is a violation of the Contractor’s License Law. Construction start and completion date may vary due to, but not limited to weather, permits and unforeseen act of God events. b. The Contractor shall complete the project within 180 working days from the project start date.

Cost Breakout:

Design and engineering 18877
Sawcut and pot hole 2520
Set up signage and job barricades, prepare shoring - screw boards to plywood, drill holes, add rope 2520
Set up diversion pump system and operate continuously incl. removal 14520 Haul in/out excavation equip. 1500
Removal of existing concrete and demolition waste 8400
Remove asphalt remove existing inlet blocks and beams 5600 Excavate dirt, set it on the backside, set rocks on the operations side, haul away brush to airport, remove culvert, smash culvert, haul culvert to Bigleys, Dam outlet to prevent debris from falling down drainage, strap flexible pipe to wall, set trench plate, haul away 28130 Support sewer line with beam and ropes 900
Install shoring - full length 13000
Install pea gravel bed - find slope - work the ground by hand, seal off the end wall areas with 3/4" AB - get inspected by the city 32300
Pipe including banding 58,200
Remove shoring timbers for each section of pipe to be laid - 3 sections each, lay the pipe, reinstall the timbers above the pipe -4 timbers per section, suspend the shoring with excavators, remove next section of shoring timbers, install band, install next pipe, secure band, install shoring timbers with ropes out of the hole, continue to the end. Backfill center of the project with pea gravel 8600
Concrete crew forms inlet end wall, floor and wing walls and pours concrete - cast in place vault on downstream side - needs time to cure before backfilling and compaction - install drain pipe into lower wall - vented and screened. 102883 Concrete crew places beam and pan decking and forms deck including cast in place for barrier railings $43,200
Tie new smaller pipe into surface drainage vault on north side of open DI 3240 Install 18" or 24" drainage through the new culvert system and removes the bypass system 3240
Backfill with pea gravel to top of pipe, remove shoring 13100 Backfill and level sub-grade to flat with 3/4" AB, raise surface drain to new level and bury utilities in sand and compact 18600
Resurface with 4" asphalt on new grade and 2" overlay on existing 55000 Patch and seal where existing parking lot is cracked and "Alligatored" and prime with fiber prior to resurface 6000
Rip-rap installation 9300
Concrete crew forms apron/curb for walkway and rock wall detail and railing and fence bases cast in pours 12200
Rock wall rebuild and tie in construction 15600
Welded Railing at decking and fence barrier adjacent parking including pedestrian walkway. From Pioneer trail to Broad 36400
New asphalt surface to pedestrian pathway from Pioneer trail to broad St. 12200 Demob. Clean up and paint lines in parking lot. 4200
Demo existing sidewalk at Stonehouse entry, cut away street and existing curb including haul off 5500
Form and pour sidewalk and set cast in place railing base mounts includes footer and stem wall 14300
Relocate elevations of utility boxes and reset utilities Others Construct Welded railings at street protecting sidewalk entry of Stonehouse 9600 559630
15% including overhead and profit
643574.
5 Total Job Cost is: $643,575

1. for the above scope of work and based on the approved drawings(as provided and further attached in this Bid Proposal).

2. Payment at start up shall be due in the amount of 25% of total job cost. With phase amounts due as follows:

1. 25% on start up. {$141,459 ($141,200-$1000
deposit.)}

2. 25% due at inspection of pea gravel prior to
setting pipe. ($141,459)

3. 25% after back fill ($141,459)

4. 25% at completion($141,458)

3. A deposit of $1,000shall be due at contract execution. . You have the right to cancel the contract under sub-section M herein below however, if canceled outside of the terms herein the $1000 deposit will be forfeit.

4. General Terms and Condition of Sale:

Our business relationships with our customers are based on our General Terms and Conditions of Sale, as defined below:

A. Profile Builder/Apex Building Technology Inc. to provide a "turnkey" system, which includes all applicable standard hardware, materials, supplies & services, required to complete “scope of work”. Sections 1-7, and provide a fully operational system when applicable.

B. Compliance to Building Codes: All work shall be completed in a workmanship manner and in compliance with all building code & laws.

C. License Status: Contractors are required by law to be licensed and regulated by the Contractor’s State License Board, which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act, or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, at P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.

STATE LAW REQUIRES: ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE CONTRACTOR`S STATE LICENSE BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING--IF THE TOTAL PRICE OF THE JOB IS $500 OR MORE (INCLUDING LABOR AND MATERIALS). LAWS DESIGNED TO PROTECT THE PUBLIC REGULATE LICENSED CONTRACTORS. IF YOU CONTRACT WITH SOMEONE WHO DOES NOT HAVE A LICENSE, THE CONTRACTORS` STATE LICENSE BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT. YOUR ONLY REMEDY AGAINST AN UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT. YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS OR HER EMPLOYEES. YOU MAY CONTACT THE CONTRACTOR`S STATE LICENSE BOARD TO FIND OUT IF THIS CONTRACTOR HAS A VALID LICENSE. THE BOARD HAS

COMPLETE INFORMATION ON THE HISTORY OF LICENSED CONTRACTORS, INCLUDING ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGEMENTS, AND CITATIONS. THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE CHECK THE GOVERNMENT PAGES OF THE WHITE PAGES FOR THE OFFICE NEAREST YOU OR CALL 1-800-321-CSLB FOR MORE INFORMATION.

D. Use of Subcontractors: Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor is in all instances, responsible for the proper completion of this Contract.

E. Mechanic’s Lien Law: In compliance with the contractors` license, section 7018, (B&P Code, Div. 3, Chap 9), this is to inform you that under the Mechanics` Lien Law (California Code of Civil Procedure, Section 1181 et seq.) any contractor, sub-contractor, laborer, supplier, or other person who helps to improve your property, but is not paid for his work supplies, has the right to enforce a claim against your property. This means that after a court hearing, a court officer could sell your property and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full, if the sub-contractor, laborer, or supplier, remains unpaid.

F. Change Order (Mid-Performance Amendments): The contractor and Customer recognize that Contractor’s original cost and time estimates may prove too low due to unforeseen events, or to factors unknown to the Contractor when the contract was made; Customer may desire a mid-job change in the specifications that would add time and cost to the specified work which may possibly inconvenience the Contractor; or Other provisions of the contract may be difficult to carry out because of unforeseen events, such as a materials shortage or a labor strike. If these or other events beyond the control of the parties require reasonable adjustments to this contract, the parties shall make a good faith attempt to agree on all necessary particulars. Such agreements shall be put in writing, signed by the parties and added to this contract. Failure to reach agreement shall be deemed a dispute to be resolved as agreed herein.

G. Liability Waiver: Contractor warrants it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of Contractor or its employees and subcontractors. And carry Commercial General Liability Insurance up to $1,000,000 per incident, and $2,000,000 aggregate.

H. Warranty: Upon completion of the system, the Company shall issue to the customer a One (1) year workmanship (labor) warranty that begins on substantial completion of project.

Workmanship: Company warrants that the Customer’s product will be designed, engineered, and constructed to meet the requirements of this Agreement and is free of major defects in accordance with all manufacturer specifications. Company will cover any repair or damage as result of poor workmanship at no cost to the customer that shall be in accordance to manufacturer’s requirement.

I. The Customer will carry fire, tornado and other necessary insurances. Major equipment as supplied by third-party (is) manufacturer(s) shall be warranted in accordance that manufacturer’s warranty. Contractor will not be liable for any direct, indirect or consequential damages, losses, costs or expenses however arising in contract or tort, including without restriction any economic losses of any kind, any loss or damage to property, any personal injury, any damage or injury arising from or as a result of misuse or abuse, or the incorrect operation of the equipment or product.

J. Dispute Resolution: All disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. Attorney Fees: In the event there is any litigation or arbitration arising out of this agreement, then the prevailing party shall be entitled to its reasonable fees and cost.

K. Force Majeure: Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty or general unavailability of materials. Any starting or completion dates stated by Contractor shall be subject to clarification of all technical details. Moreover, Contractor’s obligation to meet any deadlines shall be based on the punctual and proper fulfillment of the customer’s obligations. In the event of strikes, lockouts, Force Majeure, delayed shipments by suppliers or subcontractors or other causes hindering punctual Completion for reasons that Contractor is not accountable for, Contractor shall be entitled to extend the Completion date(s) by a reasonable amount of time.

L. Materials: All materials will be new, in compliance with all applicable laws and codes, & will be covered by a Manufacturer’s warranty.

M. Right of Cancellation: The Customer may cancel any time prior to midnight of the 3rd business day after the date the contract was signed, without penalty or forfeiture of any fees. This proposal may be withdrawn if not accepted within 30 days.

Parties hereto make their signatures in acceptance and agreement:

Customer Signature: ____________________
Printed Name Jonathan Roe
Date: __________
Apex Building Technology Inc.

By: ____________________
Greg Nickel
Its: President
Date: ___________

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: May 10, 2023 Agenda Item No. 13
Subject: Consideration of Purchase Orders to Caselle, Inc. for ERP and Community Development Suite in an Amount NotTo-Exceed $136,590 Cumulatively and Authorize the City Manager to Execute any Related Documents.

From: Stephen Erlandson, Interim Assistant City Manager Date: May 4, 2023
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Approve the purchase orders and authorize the City Manager to execute any related documents.

ISSUE STATEMENT AND DISCUSSION:

The City has been using a financial accounting software system called MOMs for over three decades.

Although MOMs serves the function of accounting for the City’s various transactions, the City has grown over the years and requires an Enterprise Resource Planning (ERP) financial accounting system that has enhanced financial reporting capabilities; electronic purchase orders; business licensing; a utility electronic reading interface; and a document management system that simplifies the process of scanning paper documents, archiving email, and managing critical files in a secure database repository.

On December 15, 2022, in compliance with Nevada City Municipal Code Sec. 3.08.050, staff issued a Request for Proposals (RFP) for Enterprise Resource Planning (ERP) Financial System and Implementation Services. The RFP was posted on the City’s website, and in response the City received proposals from the following four (4) firms:
• Caselle, Inc.
• Edmunds GovTech
• Springbrook Software, LLC
• Tyler Technologies, Inc.

The proposal evaluation committee consisted of the Interim Assistant City Manager, Accounting Technician, and Customer Service Representative. Criteria used to evaluate the proposals included:
• Completeness of response
• Financial stability
• Technical criteria
• Cost
• Implementation plan and schedule
• Relevant experience
• References
• Overall proposal
• Software demonstrations
After the proposal review process and software demonstrations, the evaluation committee recommended one vendor, Caselle, Inc., for further consideration based upon their overall ranking.

The respective one-time costs and annual costs proposed by the four vendors were as follows:

Software Vendor One-Time Costs Annual Costs Total
Caselle, Inc. $37,290.00 $34,044.00 $71,334.00
Edmunds GovTech $59,500.00 $79,750.00 $139,250.00
Springbrook Software, LLC $80,514.00 $44,393.80 $124,909.80 Tyler Technologies, Inc. $76,380.00 $34,362.00 $110,742.00 Subsequent to the recommendation of contracting with Caselle, Inc., the City requested additional subscriptions comprising business licensing and Caselle’s Community Development Suite, which includes permitting, planning, and zoning; inspections and code violations; and approvals and workflow processes that will greatly enhance efficiency and operations within the Planning Department and Police Department with respect to the code enforcement function. As such, the revised cost for Caselle’s ERP system with inclusion of business licensing and the additional cost for Caselle’s Community Development Suite subscription are as follows:

Subscription One-Time Costs Annual Costs Total
Caselle, Inc. ERP Financial System $38,640.00 $35,532.00 $74,172.00 Community Development Suite $9,750.00 $8,568.00 $18,318.00 Total Cost $48,390.00 $44,100.00 $92,490.00
FINANCIAL AND/OR POLICY IMPLICATIONS:

The Software Use Agreement to be awarded to Caselle, Inc. is for one-time implementation costs of $48,390 to be incurred during FY 2023-24. The Software as a Service Agreement to be awarded to Caselle, Inc. is for annual hosted maintenance and support costs totaling $44,100 that will automatically renew annually until the City provides 30 days’ notice of its intent to not renew.

The City intends on prepaying the second year of annual hosted maintenance and support costs for a grand total up-front cost of $136,590 in FY 2023-24 to be funded by a Proposition 64 grandt (Cohort 2). The purchase is contingent upon preapproval from the grantor and staff will not proceed unless preapproval is secured.

STRATEGIC PLAN ALIGNMENT:

This action, reporting on the program, is consistent with the embedded strategic initiative of Technology:

Using, upgrading and leveraging the strengths of technology to enhance the work of the City and the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

ATTACHMENTS:
 Caselle Software Use Agreement
 Caselle Software as a Service Agreement
- 1 -

SOFTWARE USE AGREEMENT
CASELLE, INC. CITY OF NEVADA CITY
1656 S. East Bay Blvd. 317 Broad Street
Suite 100 Nevada City, CA 95959
Provo, UT 84606
("Caselle") ("You" or "Your")
You agree to Use the Software and Purchase the services detailed below ("Items"), and Caselle, Inc. agrees to provide them, subject to the terms and conditions on pages two and three of this Agreement.

Total Price $48,390.00 Deposit: $24,195.00 Balance Due $24,195.00 Items

License Type Hosted
Total Training $20,250.00
Total Setup 14,700.00
Total Conversion 13,440.00
Total Price $48,390.00
The attached Proposal is considered part of this Agreement.

The signatures below indicate each party's acceptance of this Agreement. Each party has caused this Agreement to be executed by its duly authorized representative.

CASELLE, INC. CITY OF NEVADA CITY
By: By:

Name & Title: Alan S. Hutchings, President Name & Title:

Date: May 3, 2023 Date:
- 2 -
CASELLE, INC.

SOFTWARE USE AGREEMENT
Grant of Right
Caselle, Inc. and its Licensors agrees to grant, and You agree to accept a limited, non-transferable, non-exclusive right ("Right") to use the computer programs, with the accompanying manuals, literature and other materials ("Software") as detailed under Items, subject to the terms and conditions of this Software Use Agreement and subject to termination as provided herein. The term Software shall also include all revisions, updates, enhancements and new modules or add-ons to the existing Software as detailed under Items.

Payment
The Deposit shall be paid by You upon execution of this Software Use Agreement with the Balance to be paid upon completion of Training. Payment shall be in U.S. Dollars and shall not be deemed to have been received by Caselle until Your check clears the banking process. Any costs incurred in collecting Your check, due to insufficient funds or any other reason, shall be reimbursed by you. Late payments shall be subject to a FINANCE CHARGE OF 1.5% PER MONTH, OR 18% PER ANNUM.

Taxes
Prices and fees are exclusive of all federal, state, municipal, or other government excise, duties, sales, use, occupational, or like taxes now or hereafter in force, and are therefore subject to increase in an amount equal to any tax Caselle may be required to collect or pay upon licensing or delivery of any Items, other than federal, state and local taxes based on Caselle's income. You also agree to pay all personal property taxes which accrue to you by reason of this Agreement.

Title and Confidentiality
Title and full ownership rights to the Software licensed under this Agreement, including, without limitation, all intellectual property rights therein and thereto, and any copies You make, remain with Caselle. It is agreed the Software is the proprietary, confidential, trade secret property of Caselle, whether or not any portions thereof are or may be copyrighted and You shall take all reasonable steps necessary to protect the confidential nature of the Software as You would take to protect Your own confidential and trade secret information. You further agree that You shall not make any disclosure of any or all such Software (including methods or concepts utilized therein) to anyone, except to employees, agents, or contractors working for You to whom such disclosure is necessary to the use for which rights are granted hereunder. You shall appropriately notify all employees, agents, and contractors to whom any such disclosure is made that such disclosure is made in confidence and shall be kept in confidence by them. Upon Caselle’s request, such employees, agents, and contractors shall enter into an appropriate confidentiality agreement for secrecy and nonuse of such information which by its terms shall be enforceable by injunctive relief at the request of Caselle. If Caselle makes such a request, it shall provide You with the appropriate confidentiality agreements. The obligations imposed by this section upon You, Your employees, agents, and contractors, shall survive and continue after any termination of rights under this Agreement. It shall not be a breach of this Agreement if you are required to disclose or make the Software available to a third party or to a court if the Software is subpoenaed or otherwise ordered by an administrative agency or court of competent jurisdiction to be produced or disclosed.

Rights
You may not:
a) Rent, lease, sublicense, assign, sell, loan or otherwise transfer this Right, in whole or in part, except as expressly permitted by this Agreement.
b) Inspect, disassemble, decompile, reverse engineer or in any way attempt to determine the internal methods of the
Software.
c) Modify the Software or merge it into any other product without the express written consent of Caselle.
d) Reproduce, prepare derivative works based upon, transmit or distribute the Software, or any part of it, in any form or by any means except as expressly permitted in this Agreement. e) Transfer or assign the Software and the rights under this agreement to another party without the express written
consent of Caselle.

Any attempt to do any of the above (a to e) shall void and terminate this Agreement.

Term
This Software Use Agreement is and shall be effective from the date of full execution and shall remain in force until terminated.

You may terminate this Agreement at any time by notifying Caselle in writing at least 30 days prior to the date of termination Your Right terminates automatically if you materially fail to comply with any terms or conditions of this Agreement.

Warranty
Caselle warrants that it has sufficient right and title to the Software to grant You this Right. For one (1) year from the date of receipt of the Software ("Warranty Period"), Caselle also warrants the Software media to be free from defects in materials and workmanship under normal use, and Software operation will substantially conform to the specification published by Caselle.

If an error or a defect in the Software or its media becomes apparent within the Warranty Period You must promptly notify Caselle, in writing, describing the defect. Upon confirming the error or defect Caselle will, at its exclusive option, repair or replace the item or refund the price paid for the defective item.

Caselle does not warrant that the functions contained in the Software will meet Your requirements or that the operation of the Software will be uninterrupted or error free. The warranty does not cover Software modified by anyone other than Caselle and problems with, or caused by, computer hardware or non-Caselle software. This limited warranty is VOID if failure of the licensed Software has resulted from accident, abuse or misapplication.

- 3 -
Disclaimers and Limitations of Warranty and
Remedies

EXCEPT AS SPECIFICALLY STATED IN THE WARRANTY

SECTION OF THIS AGREEMENT, THE SOFTWARE IS
LICENSED "AS IS" WITHOUT ANY OTHER WARRANTY,

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED

TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT

SHALL CASELLE BE LIABLE FOR ANY INDIRECT,

SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING,

BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS,

REVENUE OR SAVINGS, BUSINESS INTERRUPTION OR

LOSS OF BUSINESS INFORMATION, ARISING FROM THE

USE OF OR INABILITY TO USE THE SOFTWARE OR

BREACH OF ANY EXPRESSED OR IMPLIED WARRANTY,

EVEN IF CASELLE OR ITS AGENT HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THESE

LIMITATIONS SHALL APPLY NOTWITHSTANDING THE

FAILURE OF AN ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. CASELLE’S AGGREGATE LIABILITY UNDER

THIS AGREEMENT FOR DAMAGE WILL NOT, IN ANY

EVENT, WHETHER BASED UPON CONTRACT,

NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY,

OR ANY OTHER BASIS, EXCEED THE LICENSE FEES

PAID BY YOU FOR THE LICENSED SOFTWARE GIVING
RISE TO SUCH LIABILITY.

Returns
a) No returns will be accepted without a written request to Caselle. To receive full credit, less the cancellation fee (set forth below), such requests must be made in writing to and received by Caselle’s corporate office within thirty (30) days of this agreement. No returns will be considered for credit until appropriate notice has occurred within the time limits specified and all related materials are returned to Caselle’s corporate office within ten (10) days of notice.
b) Pre-approved returns occurring after the thirty–day period has lapsed will be allowed 75% credit, if such requests are made in writing to and received by Caselle’s corporate office within sixty (60) days of this agreement. Any returns attempted after the sixty-day period has lapsed will receive no credit.
c) A minimum cancellation fee of 10% will be assessed to all preauthorized returns. d) In addition, You agree that You will return all written materials received from Caselle, including program materials, instruction manuals, and any and all training materials to Caselle.

Additional Services
Support, Training and Data Conversion for the Software will be provided directly by Caselle, or its authorized support centers, and are subject to separate agreements.

General
a) This Agreement shall be governed and construed in accordance with the laws of the State of Utah and You hereby consent to the jurisdiction of State and Federal courts in Utah. If any part of this Agreement violates applicable law, that part shall be deemed to be amended to the extent necessary to comply with the law. b) This Agreement constitutes the entire Agreement between Caselle and You and supersedes any prior Agreement or
understanding, written or oral, relating to the subject matter of this Agreement. Except as provided herein, this Agreement may not be amended or supplemented except in writing and properly executed by both parties.
c) If any provision of this Agreement shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Agreement or the validity or the enforceability of this Agreement.
d) All rights and remedies provided herein are cumulative and are in addition to all other rights and remedies available at law or equity.
e) In the event that either party successfully takes legal action to enforce any provision of this Agreement the unsuccessful party shall pay full costs and expenses of such action, including reasonable attorney's fees.
f) Any notice required by this Agreement shall be deemed to have been properly given if sent by registered or certified mail to the address set forth in this Agreement.
g) The waiver of any breach or default of this Agreement shall constitute a waiver only as to such particular breach or default and shall not constitute a waiver of any other breach or default.

Failure to act by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall not operate as a waiver of any such right, power or remedy, and will not affect the validity of the whole or any part of this Agreement, or prejudice such party’s right to take subsequent action.
h) Neither party shall be held liable for delays in any of its performance resulting from acts of God, war, civil disturbance, court order, labor dispute or any other cause beyond its control. i) The relationship of the Parties shall be solely that of independent contractors. No partnership, joint venture, employment, agency or other relationship is formed, intended or to be inferred under this Agreement. Neither party to this Agreement shall attempt to bind the other, incur liabilities on behalf of the other, act as agent of the other, or authorize any representation contrary to the foregoing.
(j) This Agreement is binding upon and shall inure to the benefit of the parties, their successors and assigns. However, this Agreement is not assignable by you. This Agreement is personal to you and neither the Agreement, nor the rights or duties hereunder, may be voluntarily or involuntarily, directly or indirectly, assigned or otherwise transferred without the prior written consent of Caselle. Any unauthorized assignment or transfer shall constitute a breach hereof and shall be voidable by Caselle.
663884 18/04
1 Caselle® Hosted Software & Services Proposal
City of Nevada City, CA
May 3, 2023
From:

Wade Walker, Territory Manager
[email protected]
Caselle® Hosted Software & Services Proposal
City of Nevada City, CA
May 3, 2023
2 Proposal Summary
License Type Hosted
Total Training $20,250
Total Setup 14,700
Total Conversion 13,440
Total Investment $48,390

A deposit of 50% of the total proposal price is required with order. The remaining balance will be due upon completion of training.

Monthly Hosted Maintenance & Support will be $3,675.

I have read and agree to all terms & conditions proposed herein. I understand if the City of Nevada City is unable to provide data to Caselle in the requested format, additional fees will apply.

Signature
Printed Name & Title
Date
Caselle® Hosted Software & Services Proposal
City of Nevada City, CA
May 3, 2023
3 Proposal Detail
Caselle® Application Software License Type Training Setup Conversion Total General Ledger Hosted $2,250 $700 $1,440 $4,390
Budgeting Hosted Included - - -
Bank Reconciliation Hosted Included - 2,500 2,500
miExcel GL Hosted Included 1,000 - 1,000
Accounts Payable Hosted 550 500 1,400 2,450
AP Direct Pay Hosted Included - - -
Purchases & Requisitions Hosted 550 - - 550
Accounts Receivable Hosted 1,100 500 400 2,000
Utility Management Hosted 3,375 1,500 3,000 7,875
Utility Electronic Reading Interface Hosted Included 250 - 250 Utility Service Orders Hosted 550 500 - 1,050
Online Mapping Hosted - - - -
Cash Receipting Hosted 550 500 - 1,050
Online/Electronic Payments Bundle Hosted 500 2,250 - 2,750 Cash Receipting Web Services Hosted - - - -
Utility Management Web Services Hosted - - - -
Asset Management Hosted 550 500 500 1,550
Business License Hosted 550 500 300 1,350
Materials Management Hosted 1,125 500 500 2,125
Project Accounting Hosted 2,250 500 - 2,750
Caselle Document Management Hosted 3,000 2,000 - 5,000
Zonal OCR Hosted - - - -
Seven (7) Concurrent User Licenses Hosted - - - Included Community Development Suite - - - - -
Permitting Hosted $1,125 $1,000 $3,400 $5,525
Planning & Zoning Hosted 1,125 1,000 - 2,125
Approvals & Notifications Hosted 550 500 - 1,050
Code Enforcement Hosted 550 500 - 1,050
Grand Total Hosted $20,250 $14,700 $13,440 $48,390
Caselle® Hosted Software & Services Proposal
City of Nevada City, CA
May 3, 2023
4 Notes:

1. Training will take place at Caselle. We offer several options for training: at our location in Provo Utah, Onsite and Online. We offer a significant discount to come to our location for training and have found that taking you out of your environment helps avoid interruptions and can be the most beneficial. Some sites request a combination of all three. We encourage training at Caselle but are more than happy to do what works best for you and your staff.

2. Monthly credit card and electronic payment transaction fees are billed separately by Xpress Bill Pay.

3. The subscription based Caselle Document Management includes: Full Text Search, Encryption, Drag and Drop, Role-Based Security, Versioning, Document Retention, Audit Trail, OCR (10,000 pages/month), three (3) Concurrent User Licenses, three (3) Advanced Workflow Licenses and the Caselle Integration.

4. Applicant Tracking fees are billed separately by ApplicantPro on a subscription basis based on number of applicants.

5. If during the Implementation the Pre-Live and Go-Live needs to be re-scheduled you may be subject to additional charges up to $10,000. depending on frequency and reason.

Caselle allocates resources and staffing to accomplish your implementation in a timely manner. When hard dates are set and missed it affects multiple projects and requires more time and resources.

6. History Conversion is available on a per bid basis. Additional fees may apply upon review of existing legacy data.

Caselle® Hosted Software & Services Proposal
City of Nevada City, CA
May 3, 2023
5 Implementation Services
Data conversion is an involved, sometimes complicated procedure that must be completed with a high level of accuracy and precision. To make this process run smoothly, Caselle requires your assistance in providing the required materials for preliminary data conversion, offering clarification as needed during the conversion process, and supplying updated materials for the final data conversion. Please read the following information carefully.

Gathering Preliminary Data
Assemble the following information and send it to Caselle.  Complete the Information Worksheets during each phase of the conversion.  Provide data to be converted.
– You may need to clarify the data, as needed, during the conversion process. – Caselle will not convert the prior period detail during data conversion unless optional history conversion is specified in the contract.
 Send printed or PDF reports to verify account balances at the time data is sent to Caselle for preliminary conversion and again for final data conversion.

Submitting Conversion Data
You will be provided a file layout for each application that will have data conversion. The file layout details the required and/or optional fields that Caselle will need to provide the conversion. The cost of conversion quoted in this proposal is based on your submission of the necessary data in the requested formats. If data cannot be supplied in this format, additional costs will be billed to get your existing data into the desired formats ready for conversion, and could delay any proposed timeline. We may also need file layouts or descriptions of tables and where all of the necessary information is located within your existing data to complete the conversion.

Data Conversion Timeline
The timeline begins when the requested data and all required preliminary information has been received by Caselle. The timeline to complete an accurate data conversion can range from 120 – 180 days.

This is dependent upon the condition of the data and the client’s willingness to review the preliminary information for accuracy, including information requested in the discovery phase of the conversion.

Scheduling Training
Important! Training will only be scheduled after Caselle has completed the mock conversion and the customer has reviewed and approved the conversion.

After training is scheduled, a representative from the Implementation team will review the remaining steps to ensure a successful implementation, prior to going Live on Caselle.

Caselle® Hosted Software & Services Proposal
City of Nevada City, CA
May 3, 2023
6 Software Setup & Data Conversion
This section contains the items, per directory, that will be setup and converted in each module. Since estimating the exact quantity may be difficult, we will adjust the calculated conversion cost if the actual number of items converted is greater than or less than 25% of the original estimate.

Data conversion requires that data be submitted in the required format. It is the responsibility of the customer to provide data to Caselle. Conversion services to retrieve or modify your data to the required formats are available at an additional cost. These services will be billed at Caselle’s current hourly rate and are not included in this proposal.

General Ledger Setup  Set up the control table in the General Ledger and Account Masks with the appropriate segments for funds, departments, revenue sources, object codes, and other account classifications.
 Modify the existing chart of accounts to utilize the advanced reporting features available with Caselle, if needed.
 Format five standard financial statements:
– Balance Sheet with Revenue/Expenditures compared to budget – Allocation Reconciliation
– Income Statement (All Funds)
– Balance Sheet (All Funds)
– Fund Summary Income Statement
Note: Additional fees may be required to set up additional financial statements.
 Establish all necessary journals for interfaced subsystems to allow the subsystems to update transactions to the General Ledger.  Create a custom Checklist to document your organization’s daily, monthly, and fiscal year-end steps; as well as budget procedures.

Data Conversion  The current year-to-date trial balance and budget will be entered and balanced to your existing system. Caselle will provide supporting reports that document the balance sheet accounts, revenues, and expenditure balance for auditing purposes. A trial balance period will be established and all periods from that period forward will contain detail transaction information, if provided. 720 accounts are included
Bank Reconciliation
Data Conversion
 Bank reconciliation for the desired cash accounts with outstanding deposits and checks will be established. A bank reconciliation will be completed and balanced to cash for the appropriate beginning period.
5 bank accounts are included
Caselle® Hosted Software & Services Proposal
City of Nevada City, CA
May 3, 2023
7 Accounts Payable
Setup
 Establish vendor defaults.
 Format one check form with requested stub detail.
 Create a Checklist to document Accounts Payable procedures, including the printing of 1099’s.

Data Conversion  Each vendor’s information will be converted. This information includes the vendor name, street address, mailing address, remittance addresses, city, state, zip code, and 1099 status.
– Exception: 1099 balances can be established, if provided. 700 vendors are included
AP Direct Pay Setup  Set up header and batch information with the appropriate ACH/NACHA file information.
 Set up vendors with necessary routing and account numbers.  Format one direct pay voucher.

Purchases &
Requisitions Setup
 Format one purchase order form.
 Create a Checklist to document Purchase Order procedures.  Additional custom purchase order form set up will be billed at the rate of $100 per form. Forms that have multiple pages will be billed $100 for each additional page included in the form.

Accounts Receivable
Setup
 Set up the appropriate billing categories and penalty rates.  Format standard reports for reporting and balancing of customer accounts.  Format one of each of the following: statements, invoices, and delinquent notices.
 Create a Checklist to document Accounts Receivable procedures.  Additional form layouts for statements, invoices, and delinquent notices will be billed at the rate of $100 per form. Forms that have multiple pages will be billed $100 for each additional page included in the form.

Data Conversion  Each customer’s account information will be converted. This information includes the customer’s name, street address, mailing address, bill to information, city, state, and zip code.
 Customer balances will be converted.
200 accounts are included
Caselle® Hosted Software & Services Proposal
City of Nevada City, CA
May 3, 2023
8 Utility Management
Setup
 Set up services, taxes, rate tables, and other fees for billing.  Format one form for each of the following: utility bills, delinquent notices, and shut-off notices.
 Set up default reports for billing, meter proofing, and reviewing customer information.
 Create table lists to generate customer labels, reports for new connects, terminated customers with credit balances, and terminated customers with a zero balance.
 Create a Checklist to document daily, monthly, and billing procedures.  Additional forms will be billed at the rate of $100 per form. Forms that have multiple pages will be billed $100 for each additional page included in the form.

Data Conversion  Each customer’s information will be entered and verified. This information depends on what is provided. Information will be converted as is and normally includes the customer number, name, service address, mailing address, city, state, zip code, telephone numbers, meter number, location, balances, and previous reads.
 All appropriate transactions for balancing the billing will be converted.  Balancing totals, billing totals, receivable by service totals, if provided, will be balanced to the existing system using supporting reports.  Caselle will provide reports of the converted data for auditing purposes. 1,500 meters or customers are included
Utility Electronic
Reading Interface
Setup
 Create the appropriate import/export formats and test with the interfaced meter reading equipment.

Service Orders Setup  Set up the Service Order options (including user, department, and actions).  Customize Service Order data entry screens.
 Format three Service Order form layouts.
 Set up the Utility Management interface.
 Additional form layouts will be billed at the rate of $100 per form. Forms that have multiple pages will be billed $100 for each additional page included in the form.

Cash Receipting Setup  Set up the General Ledger accounts for bank deposits and standard receipting revenue.
 Set up category and distribution codes.
 Set up payment types, for example, check, cash, and credit card, and associated reports for balancing.
 Create default reports to assist in daily operation.
 Create a Checklist to document procedures for daily cash receipting transactions, updates, and posting of receipts.

Caselle® Hosted Software & Services Proposal
City of Nevada City, CA
May 3, 2023
9 Online/Electronic
Payments Setup
 Set up Online and Electronic Payment Processing (credit cards, electronic funds transfer, and online bank bill pay consolidation).  Set up Utility Direct Pay.
 Set up Xpress Bill Pay, Caselle’s authorized electronic payment vendor, including online bill presentation, online bill history, automatic recurring payments, and payment wallets with full integration to Cash Receipting.

Asset Management
Setup
 Establish the default depreciation frequency and method, with the asset number format.
 Set up departments, classifications, and asset types.  Create a Checklist to document procedures, including the asset creation and General Ledger updates.

Data Conversion  Asset number, description, department, classification, and type will be converted. The depreciation start date, life, and method of depreciation will be converted for each asset, if provided.
 Accumulated depreciation can be converted to ensure an accurate beginning balance.

Business License Setup  Format one form layout for each of the following: business license, renewal letter, delinquent notice, and application.
 Set up billing rates, billing frequencies, license types, and business activities.  Additional forms or licenses will be billed at the rate of $100 per form. Forms that have multiple pages will be billed $100 for each additional page included in the form.

Data Conversion  All applicable business information and account balances will be converted.  Business information includes the owner, manager, license type, and business codes, if provided.
 All standard reports will be set up.
300 businesses are included
Materials Management
Setup
 Create the inventory number mask.
 Set up the Department, Category, and Location files.
 Establish inventory levels, turnover, and valuation reports.  Create a Checklist to document daily, monthly, and inventory procedures.

Data Conversion  Inventory items will be converted. This includes the inventory number, description, location, category, quantity, and unit cost for each item. Inventory valuation will be balanced if available.

Caselle® Hosted Software & Services Proposal
City of Nevada City, CA
May 3, 2023
10 Project Accounting
Setup
 Set up organization settings and all system defaults.  Determine job number mask with segments and values for all projects.  Determine and set up General Ledger accounts for WIP, depreciation, accumulated depreciation, and clearing accounts for labor and purchases.  Interface all applicable Caselle applications.
 Set up the Crew Rate, Departments, and Jobs for creation, approval, and completion procedures.

Community
Development Setup
 Setup services will assist customers in initial software configuration such as codes, rates, permit types, fees, etc. A representative will provide consulting and software setup via telephone and email prior to product shipping. All parcel data and current owner information will be entered when submitted in the requested format. Property Parcel Data does not include data export from any other system or custom conversion. Property information will need to be entered into the Caselle Load Table by the customer.
 If customer completes the Caselle Load Tables for Property and Owner, Contractor and open Permits, there will be no conversion charges.  If Caselle Load Tables are not used and data is submitted in another format, there will be a $2.00 charge per property, contractor, open permit record, and historical record in addition to the setup fee.

Data Conversion  All property and owner parcel data will be entered when submitted in the requested format.
 No Open Permits will be converted. The City will be trained on how to enter in their Open Permits.
 No Contractor information will be converted. The City will be trained on how to enter in their Contractor information.
 All needed forms will be billed at the rate of $100 per form. Forms that have multiple pages will be billed $100 for each additional page included in the form.
 If the City needs additional help or extensive training converting their data, this will be billed at $145 per hour.
 1,700 properties are included
CASELLE, INC.

Software as a Service Agreement
Caselle, Inc. City of Nevada City
1656 S East Bay Blvd 317 Broad Street
Suite 100 Nevada City, CA 95959
Provo, UT 84606

TERMS OF SERVICE
These Terms of Service constitute an agreement (this “Agreement”) by and between Caselle, Inc., a Utah Corporation, (“Provider”) and the City of Nevada, CA, (“Recipient”).

1. Definitions.
(a) “Account” refers to the Service plans and features selected by Recipient at the time of this Agreement and accepted by Provider, as such plans and features may change by mutual consent of the parties, as recorded by Provider.
(b) “AUP” refers to Provider’s acceptable use policy as described in Schedule B. (c) “Authorized Representative” refers to an individual who is authorized under applicable law to bind and/or consent on behalf of the Provider or Recipient. (d) “Data Policy” refers to Provider’s standard data deletion policy as described in Schedule A of this Agreement.
(e) “Effective Date” refers to the date of this Agreement. (f) “Materials” refers to written and graphical content provided by or through the Service, including, without limitation, text, photographs, illustrations, and designs, whether provided by Provider, another customer of the Service, or any other third party. (g) “Recipient Data” refers to data in electronic form input or collected through the Service by or from Recipient.
(h) “Service” refers to Provider’s hosted version of the Caselle Connect software. The Service includes such features as are set forth on Provider’s website (www.caselle.com), as Provider may change such features from time to time, in its sole discretion. (i) “Service Failure” refers to an event during which Recipient is unable to access or use the Service for more than four (4) hours.

2. Service & Payment.
(a) Service. Provider will provide the Service to Recipient pursuant to its standard policies and procedures then in effect.
2 (b) Payment. Upon completion of data conversion and training, Recipient will pay Provider a monthly Service fee of $3,675.00. The Service fee will be considered due five (5) days before the start of the calendar month of Service.

3. Service Level Agreement.

In the event of any “Service Failure,” as that term is defined above, Provider will issue Recipient a credit. Credit will be 10% of the Recipient’s monthly Service fee. Credits issued will apply to outstanding or future payments only and are forfeited upon termination of this Agreement. Provider is not required to issue refunds or to make payments against such credits under any circumstances, including without limitation termination of this Agreement. Credits issued are the Recipient’s sole remedy for the Service Failure in question. Provider shall not be liable for service failures caused by factors beyond the reasonable control of the Provider, such as, but not limited to, strikes, insurrection, war, fire, lack of energy, acts of God, mechanical or electrical breakdown, governmental acts or regulations, computer malfunction, quality of data from the customer's software or acts of third parties.

4. Materials, Software, & IP.
(a) Materials. Recipient recognizes and agrees that: (i) the Materials are the property of Provider or its licensors and are protected by copyright, trademark, and other intellectual property laws; and (ii) Recipient does not acquire any right, title, or interest in or to the Materials except the limited and temporary right to use them as necessary for Recipient’s use of the Service. (b) Intellectual Property in General. Provider retains all right, title, and interest in and to the Service, including without limitation all software used to provide the Service and all logos and trademarks reproduced through the Service, and this Agreement does not grant Recipient any intellectual property rights in or to the Service or any of its components.

5. Online Policies.
(a) AUP. Recipient will comply with the AUP. In the event of Recipient’s material breach of the AUP, including without limitation any copyright infringement, Provider may suspend or terminate Recipient’s access to the Service, in addition to such other remedies as Provider may have at law or pursuant to this Agreement. Neither this Agreement nor the AUP requires that Provider take any action against Recipient or any other customer for violating the AUP, but Provider is free to take any such action it sees fit.
(b) Privacy Policy. The Privacy Policy applies only to the Service and does not apply to any third party site or service linked to the Service or recommended or referred to through the Service or by Provider’s employees.

6. Each Party’s Warranties.
(a) Recipient’s Identity. Recipient warrants: (i) that it has accurately identified itself through its Account and will maintain the accuracy of such identification; and (ii) that it is a corporation or other business entity authorized to do business pursuant to applicable law. (b) Right to Do Business. Each party warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened 3 claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement.
(c) Disclaimers. Except for the express warranties specified in this section, THE SERVICE IS PROVIDED “AS IS” AND AS AVAILABLE, AND PROVIDER MAKES NO WARRANTIES, EITHER

EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Without limiting the generality of the foregoing, (i) PROVIDER

HAS NO OBLIGATION TO INDEMNIFY OR DEFEND RECIPIENT AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; and (ii) Provider does not warrant that the Service will perform without error or immaterial interruption.

7. Limitation of Liability.

IN NO EVENT: (a) WILL PROVIDER’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID FOR 60 DAYS OF SERVICE; AND (b) WILL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION 7 APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF

PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF RECIPIENT’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 7, Provider’s liability will be limited to the maximum extent permissible.

8. Data Management.
(a) Access, Use, & Legal Compulsion. Unless it receives Recipient’s prior written consent, Provider:
(i) will not access or use Recipient Data other than as necessary to facilitate the Service; and (ii) will not give any third party access to Recipient Data. Notwithstanding the foregoing, Provider may disclose Recipient Data as required by applicable law or by proper legal or governmental authority. Provider will give Recipient prompt notice of any such legal or governmental demand and reasonably cooperate with Recipient in any effort to seek a protective order or otherwise to contest such required disclosure, at Recipient’s expense. (b) Recipient’s Rights. Recipient possesses and retains all right, title, and interest in and to Recipient Data, and Provider’s use and possession thereof is solely as Recipient’s agent. (c) Retention & Deletion. Provider will retain all Recipient Data until erased pursuant to the Data Policy.
(d) Injunction. Provider agrees that violation of the provisions of this Section 8 might cause Recipient irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, Recipient will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.

9. Term & Termination.
(a) Term. This Agreement will continue for one (1) year following the Effective Date (a “Term”).

Thereafter, this Agreement will renew for subsequent terms (“Terms”) of thirty (30) days, unless 4 either party notifies the other of its intent not to renew thirty (30) or more days before the beginning of the next Term.
(b) Termination for Cause. Either party may terminate this Agreement for material breach by written notice, effective in 30 days, unless the other party first cures such breach. (c) Effects of Termination. The following provisions will survive termination of this Agreement: (i) any obligation of Recipient to pay for Service rendered before termination; (ii) Sections 4, 5(b), 6(c), and 7 of this Agreement; and (iii) any other provision of this Agreement that must survive termination to fulfill its essential purpose.

10. Miscellaneous.
(a) Notices. Provider may send notices pursuant to this Agreement to Recipient’s address at City of Nevada City, 317 Broad Street, Nevada City, CA 95959, and such notices will be deemed received ten (10) days after they are sent. Recipient may send notices pursuant to this Agreement to Caselle, Inc, 1656 S East Bay Blvd, Suite 100, Provo, UT 84606, and such notices will be deemed received ten (10) days after they are sent.
(b) Amendment. Provider may amend this Agreement (including the SLA and Data Policy) from time to time by posting an amended version at its website and sending Recipient written notice thereof. Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Recipient first gives Provider written notice of rejection of the amendment. In the event of such rejection, this Agreement will continue under its original provisions, and the amendment will become effective at the start of Recipient’s next Term following the Proposed Amendment Date (unless Recipient first terminates this Agreement pursuant to Section 9 above). Recipient’s continued use of the Service following the effective date of an amendment will confirm Recipient’s consent thereto. This Agreement may not be amended in any other way except through a written agreement executed by Authorized Representatives of each party. Notwithstanding the foregoing, Provider may amend the AUP or Privacy Policy at any time by posting a new version at its website and/or sending Recipient notice thereof, and such amended version will become effective 30 business days after such notice is sent.
(c) Independent Contractors. The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other and neither may bind the other in any way.
(d) No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than (i) by an Authorized Representative and (ii) in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement. (e) Force Majeure. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.
(f) Assignment & Successors. Neither party may assign this Agreement or any of its rights or obligations hereunder without the other’s express written consent, except that either party may assign this Agreement to the surviving party in a merger of that party into another entity. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties. 5 (g) Choice of Law & Jurisdiction. This Agreement will be governed and construed solely by the laws of the State of Utah, without reference to such State’s principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the state courts of Utah. (h) Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
(i) Certain Notices. Pursuant to 47 U.S.C. Section 230(d), Provider hereby notifies Recipient that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.

Information regarding providers of such protections may be found on the Internet by searching “parental control protection” or similar terms.
(j) Conflicts among Attachments. In the event of any conflict between the terms of this main body of this Agreement and those of any accompanying schedule, the terms of this main body will govern. In the event of any conflict between this Agreement and any Provider policy posted online, including without limitation the AUP and Privacy Policy, the terms of this Agreement will govern.
(k) Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.

Note: The attached proposal is considered part of this Agreement.

The signatures below indicate each party’s acceptance of the Agreement. Each party has caused this Agreement to be executed by its duly Authorized Representative.

CASELLE, INC. CITY OF NEVADA CITY
By: By:

Name: Alan S. Hutchings Name:

Title: President Title:

Date: May 3, 2023 Date:
6 Schedule A – Data Policy
(a) Access, Use, & Legal Compulsion. Unless it receives Recipient’s prior written consent, Provider: (i) will not access or use data in electronic form collected through the Services from Recipient’s customers or other third parties, or collected or accessible directly from Recipient, (collectively, “Data”) other than as necessary to facilitate the Services; and (ii) will not give any third party access to Data. Notwithstanding the foregoing, Provider may disclose Data as required by applicable law or by proper legal or governmental authority. Provider will give Recipient prompt notice of any such legal or governmental demand and reasonably cooperate with Recipient in any effort to seek a protective order or otherwise to contest such required disclosure, at Recipient’s expense. (b) Recipient’s Rights. Recipient possesses and retains all right, title, and interest in and to Project Data, and Provider’s use and possession thereof is solely as Recipient’s agent. (c) Retention & Deletion. Provider will retain any Data in its possession until Erased. Provider will Erase:
(i) all copies of Data promptly after Recipient’s written request; and (ii) all copies of Data no sooner than 90 days after termination of this Agreement and no later than 120 days after such termination.

Promptly after Erasure pursuant to this Subsection (c), Provider will certify such Erasure in writing to Recipient. (“Erase” and “Erasure” refer to the destruction of data so that no copy of the data remains or can be accessed or restored in any way.)
(d) Individuals’ Access. Provider will not allow any of its employees to access Data, except to the extent that an employee needs access in order to facilitate the Services and executes a written agreement with Provider agreeing to comply with Provider’s obligations set forth in this Section. (e) Compliance with Law & Policy. Provider will comply with all applicable federal and state laws and regulations governing the handling of Data.
(f) Leaks. Provider will promptly notify Recipient of any actual or potential exposure or misappropriation of Data (any “Leak”) that comes to Provider’s attention. Provider will cooperate with Recipient and with law enforcement authorities in investigating any such Leak, at Provider’s expense. Provider will likewise cooperate with Recipient and with law enforcement agencies in any effort to notify injured or potentially injured parties, and such cooperation will be at Provider’s expense, except to the extent that the Leak was caused by Recipient. The remedies and obligations set forth in this Subsection (f) are in addition to any others Recipient may have. 7 Schedule B – Acceptable Use Policy
A. Unacceptable Use
Provider requires that all customers and other users of Provider’s service (the “Service”) conduct themselves with respect for others. In particular, please observe the following rules in your use of the Service:
1) Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission. Do not cooperate in or facilitate identity theft. 2) Intellectual Property: Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder. 3) Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.
4) Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.
5) Violations of Law: Do not violate any law.

B. Consequences of Violation
Violation of this Acceptable Use Policy (this “AUP”) may lead to suspension or termination of the Recipient’s use of the Service or legal action. In addition, the Recipient may be required to pay for the costs of investigation and remedial action related to AUP violations.

C. Reporting Unacceptable Use
Provider requests that anyone with information about a violation of this AUP report it to the following address: Caselle, Inc. 1656 S East Bay Blvd, Suite 100, Provo, Utah 84606. Please provide the date and time of the violation and any identifying information regarding the violator, including e-mail or IP (internet protocol) address if available, as well as details of the violation.

D. Revision of AUP
Provider may change this AUP at any time by posting a new version on its website (www.caselle.com) or by sending the Recipient written notice thereof. The new version will become effective on the date of such notice.

1 Sean Grayson
From: Miriam Morris <[email protected]>
Sent: Monday, May 8, 2023 6:48 PM
To: Public Comment
Subject: Public Comment, Agenda Items 8 and 11
CAUTION: This email is from an external sender. If you are not expecƟng this email or don't recognize the sender, consider deleƟng.

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Dear Council,
First, I would like to express my appreciaƟon for Chief Foss and his affinity towards animals. A true sign of a good soul.

Welcome to the force, Non‐Biter Officer Ruby.

Item 8: I am very concerned with this “All‐Weather” “turf” athleƟc field that is part of the Prop 64 grant. Nowhere is there menƟon whether this is one of those massive installaƟons of plasƟc turf that are not recyclable at the end of their ten‐year lifespans. If it is a plasƟc field, this goes against everything that Nevada City hopes to achieve with regard to climate and environment. Just the thought of children playing on these vast expanses of astro‐turf make me ill. Natural grass fields have been found to be excellent carbon filters. Please reconsider supporƟng this project, if in fact it is a plasƟc field.

Item 11 relates somewhat to the above. It is also environmentally related, aƩempƟng to reduce methane‐emiƫng refuse in landfills by requiring beƩer uses.

My concern with this item specifically is why the City would be contracƟng with the Desert View plant based in Riverside County and not a more local plant? Also, I am concerned about the recent EPA clean‐air violaƟons and don’t want the City to be enjoying “green” power at another community’s detriment.

The other obvious issue is that the City is worried enough about the climate and environment to consider purchasing biomass power yet also willing to put in large swaths of unrecyclable plasƟc turf. Seems incompaƟble and makes no sense.

Thanks for your consideraƟon. I do not envy you this agenda. It is a very cumbersome read.

Miriam