Agenda packet — Santa Maria City Council, January 16, 2024 (part 1 of 2)

MOM

SANTA MARIA
Smart City
Safe City
Mayor Alice Patino
Mayor Pro-Tem Gloria Soto
Councilmember Mike Cordero
Councilmember Carlos Escobedo
Councilmember Maribel Aguilera-Hemandez

CITY COUNCIL AGENDA

CITY OF SANTA MARIA, CALIFORNIA
Tuesday, January 16, 2024
CLOSED SESSION - 4:30 P.M.

REGULAR SESSION - 5:30 P.M.

Oral Comments during the meeting:
• In -person format. Attend the meeting in -person in the City Hall Council Chambers at 110 East Cook Street, Santa Maria, and submit a request to speak to the Clerk or City staff. • Zoom Meeting Portal. Participate via Zoom to register to speak during the Public Comment portion of the meeting or on a particular Agenda Item. Use the Zoom link below or dial -in via telephone.

Zoom link: https://us02web.zoom.us/webinar/register/WN_32101OHRQHK9MA2yN6A5oA Dial Phone #: 1-669-900-9128**
Webinar ID #: 825 4189 1420
**Press *6 to un-mute your phone. Press *9 to raise your hand to speak.

Watch an instructional Video on Participating using Zoom.

Public Written Comments prior to the meeting (must be received by 2:00 p.m. in advance of the meeting*):
• Email - Submit Comments via email to cityclerk©cityofsantamaria.org. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting.
• Mail - Delivered by the U.S. Postal Service. Address letters to the City Council, Attn.: City Clerk's Office at 110 East Cook Street, Santa Maria, CA 93454. Letters will not be read aloud during the meeting.
*All written correspondence will be distributed to Councilmembers and attached to the associated meeting agenda (under Public Comment or Agenda Item); however, submissions received after the deadline will not be processed until the following day.

How to watch the meeting from home:

1. Comcast Channel 23 - Live during the meeting, and rebroadcast on Thursday at 9:00 a.m. after the meeting and again on Tuesday at 5:30 p.m. the following week.

2. Live Webcast - Online from the Agenda Center & Meetings Portal (select meeting date) or at https://video.isilive.ca/santamaria/live.html . Note - When no meeting is streaming, the window

will read "Searching for live stream."

3. You Tube Live Stream - You Tube Webcast.

Note: Live Webcast and You Tube Live are typically available within 15 minutes before the start of the meeting. There is a delay of about 15-30 seconds with both the Live Webcast and You Tube Live Stream.

4. Zoom Meeting Portal - Registration is required (link above) even for observing the meeting.

American Disability Act Accommodations:

Any member of the public who needs accommodations should email the City Clerk's Office at cityclerk(a�cityofsantamaria.orq or call 805-925-0951 x2306. The City Clerk's Office will use its best efforts to provide reasonable accommodation by request at least 48 hours ahead of the meeting.

CLOSED SESSION

1. CALL TO ORDER
ROLL CALL: Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, Councilmember Soto, and Mayor Patino

2. PUBLIC COMMENT PERIOD
In -person oral comments will be accepted during this time. There is no Zoom participation available for the Closed Session Public Comment period. Written comments may be submitted per the instructions above.

3. RECESS -CLOSED SESSION
The City Council will immediately recess to a closed session for the following:

3.a Conference with Labor Negotiators, Pursuant to California Government Code §54957.6
Agency Representatives: Interim City Manager Alex Posada, Interim Human Resources Officer Dawn Jackson, and Negotiations Team
Employee Organizations: All bargaining units, unrepresented employees, managers, and executives.

3.b Public Employment Recruitment - City Manager, Pursuant to California Government Code §54957(b)(1)

3.c Real Property Negotiators, Pursuant to California Govemment Code §54956.8 Property: APN 117-240-055
Agency Negotiators: Interim City Manager Alex Posada and Interim Recreation and Parks Director Angela Oslund

4. RECONVENE TO OPEN SESSION
OPEN SESSION - 5:30 P.M.

5. INVOCATION

6. PLEDGE OF ALLEGIANCE

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7. CALL TO ORDER
ROLL CALL: Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, Councilmember Soto, and Mayor Patino

8. REPORT BY THE CITY ATTORNEY FROM CLOSED SESSION

9. PROCLAMATIONS

9.a Proclamation — "Respect for Life" — January 21, 2024, through January 27, 2024 Present a Proclamation recognizing January 21, 2024, through January 27, 2024, as "Respect for Life Week" in the City of Santa Maria.

9.b Proclamation — "Human Trafficking Awareness Month" — January 2024 Present a Proclamation recognizing January 2024, as "Human Trafficking Awareness Month" in the City of Santa Maria.

9.c Presentation — Businesses of the Quarter — January to March 2024 Present certificates to the featured Businesses of the Quarter (January to March 2024) — Casa Bonita Furniture and Budget Blinds of Santa Maria.

10. PUBLIC COMMENT PERIOD (Not to exceed 15 Minutes)
The City Council values your input. Instructions are provided above (page 1) for communicating with the City Council. Individual speakers are limited to three minutes or as directed by the Mayor.

11. PRESENTATIONS

11.a
Presentation — Trauma Center Program Update
Receive a presentation from Marian Regional Medical Center regarding the Trauma Center Program.

12. CONSENT CALENDAR
The following routine items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting. The Consent Calendar is approved by roll call vote with one motion. These items are discussed only on request of Councilmembers. Members of the public may speak on Consent Calendar items during the Public Comment Period.

SHOULD A COUNCILMEMBER WISH TO DISCUSS OR DISAPPROVE ANY ITEM, it must be dropped from the blanket motion of approval and considered as a separate item.

RECOMMENDATION:

Adopt the Consent Calendar as submitted.

12.a CITY MANAGER/CITY CLERK DEPARTMENT

12.a.1 Ordinances and Resolutions
RECOMMENDATION:

Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Agenda will be adopted by the same vote cast at the first meeting, unless City Council indicates otherwise.

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12.a.2 Approval of Minutes
RECOMMENDATION:

Approve the Minutes of the regular City Council meeting of December 19, 2023.

12.a.3 Approval of Minutes
RECOMMENDATION:

Approve the Minutes of the Special City Council meeting of January 4, 2024.

12.b FINANCE DEPARTMENT

12.b.1 Payment of Warrants
RECOMMENDATION:

Order ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Finance.

12.b.2 Payment of Payroll
RECOMMENDATION:

Order ratified subject to having been certified by the proper Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.

12.c POLICE DEPARTMENT

12.c.1 Adoption of a Resolution Authorizing an Application for the Califomia Office of Safety Selective Traffic Enforcement Program Grant
The City Council will consider authorizing the submission of an application for the 2025 Grant Program Cycle of the California Office of Traffic Safety Selective Traffic Enforcement Program Grant.

RECOMMENDATION:

Adopt a Resolution authorizing the submission of an application for the 2025 Grant Program Cycle of the California Office of Traffic Safety Selective Traffic Enforcement Program Grant.

12.d PUBLIC WORKS DEPARTMENT

12.d.1 Adoption of a Resolution Awarding Bid No. 2023-17 to V. Lopez Jr & Sons G.E.C., Inc. for the 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project
The City Council will consider approving the award of Bid No. 2023-17 for the construction of the 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project to V. Lopez Jr. & Sons G.E.C., Inc.. The project work consists of improving the safety and accessibility of the existing pedestrian facilities network by focusing on areas where improvements are needed most all work necessary to render the facilities complete and operational.

Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 — Existing facilities (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility with negligible expansion of the existing uses.

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RECOMMENDATION:

Adopt a Resolution awarding a bid to V. Lopez Jr & Sons G.E.C., Inc. in the amount of $1,942,704.25, for the construction of the 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project, Bid No. 2023-17.

12.d.2 Adoption of a Resolution Awarding Bid No. 2023-16 to Main Line Engineering for the McClelland Waterline Replacement Project
The City Council will consider approving the award of Bid No. 2023-16 to Main Line Engineering for the construction of the McClelland Waterline Replacement Project. The project consists of installing a new 12" PVC water line from Main to Alvin via Vine and McClelland.

RECOMMENDATION:

Adopt a Resolution awarding a bid to Main Line Engineering, in the amount of $1,209,295, for the construction of the McClelland Waterline Replacement Project, Bid No. 2023-16.

12.d.3 Adoption of a Resolution Approving the Just BOBA Five -Year Payment Plan for Growth Mitigation Impact Fees
The City Council will consider approving a five-year payment plan for Traffic Growth Mitigation fees. The total amount of Traffic Growth Mitigation Impact Fees to be deferred is $22,212.34. This will allow Just BOBA to operate as a business while paying the required fees over time.

Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Adopt a Resolution approving the deferral of Traffic Growth Mitigation Impact Fees to be paid over a five-year period for the Just BOBA development, located at 1954 South Broadway.

12.d.4 Adoption of a Resolution Establishing No Parking Zones on Bluebird Street The City Council will consider approving the establishment of No Parking Zones on Bluebird Street to improve safety for drivers, as well as reduce vandalism and littering associated with vehicles that park on Bluebird Street.

Environmental Notice: Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Adopt a Resolution establishing No Parking Zones on the northerly and southerly way of Bluebird Street, beginning at the northeast intersection of

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School Street and Bluebird Street to the northerly boundary of the Driftwood Gardens Neighborhood and east of the centerline of School Street continuing east, then continuing south to the northerly boundary of the Driftwood Gardens Neighborhood.

12.d.5 Adoption of a Resolution Establishing a No Stopping Zone on Concepcion Avenue
The City Council will consider approving the establishment of No Stopping Zone on Concepcion Avenue to improve safety for drivers.

RECOMMENDATION:

Adopt a Resolution establishing a No Stopping Zone on Concepcion Avenue, along the easterly curb face, beginning at the northeasterly intersection of Concepcion Avenue and Main Street continuing north for a length of 15 linear feet.

12.d.6 Adoption of a Resolution Establishing a No Stopping Zones on Morrison Avenue
The City Council will consider approving the establishment of No Stopping Zones on Morrison Avenue to improve line of sight and school bus loading and unloading operations.

RECOMMENDATION:

Adopt a Resolution establishing a No Stopping Zones on Morrison Avenue along the southerly curb face, beginning at the westerly curb return of the western driveway continuing west, and beginning at the easterly curb return of the western and eastern driveway continuing east.

12.e RECREATION & PARKS DEPARTMENT

12.e.1 Adoption of a Resolution for the Annexation and Assessment of the Maxco Packaging Warehouse Project into the Southwest Landscape Maintenance District
The City Council will consider approving the resolution annexing and assessing Maxco Packaging Warehouse Projects in to the Southwest Landscape Maintenance District
Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

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Adopt a Resolution for the annexation and assessment for the Maxco Packaging Warehouse projects that are within the respective Southwest Landscape Maintenance Districts.

12.f UTILITIES DEPARTMENT

12.f.1 Adopt a Resolution Authorizing Use of California Department of Resources Recycling and Recovery Local Assistance Grant Funds Used for Reimbursement of Food Recovery -Related Equipment Purchases by Eligible Food Recovery Organizations within Santa Maria
The City Council will consider authorizing the use of grant funding from California's Department of Resources Recycling and Recovery Local Assistance Grant received in 2022 to reimburse the cost of food recovery - related equipment purchases by eligible food recovery organizations within the City of Santa Maria.

RECOMMENDATION:

Adopt a Resolution authorizing the use of California Department of Resources Recycling and Recovery Local Assistance Grant funds awarded to the City of Santa Maria to be used for the reimbursement of food recovery -related equipment purchases by eligible food recovery organizations within the City of Santa Maria.

13. PUBLIC HEARING
ORDER OF PROCEEDINGS FOR PUBLIC HEARING ITEMS:

Council Agenda Report to be given.

Applicant/Appellant comments.

Questions from the City Council.

Written communications/Public input.

Public hearing to be closed.

City Council discussion and action.

13.a Adoption of a Resolution to Amend the Santa Maria Airport Business Park Specific Plan; Introduction of an Ordinance to Amend the Santa Maria Airport Business Park Specific Plan; Adoption of a Resolution Approving Planned Development Permit PD 2022-0017
The City Council will consider approving: 1) an Amendment to the Santa Maria Airport Business Park Specific Plan (SPZ2022-0001) to amend the uses of the Planned Development/Light Industrial/Public Facilities - Airport (PD/LI/PF-A) district, and to modify the Foxenwood Lane roadway design; and 2) a Planned Development Permit (PD2022-0017) for a 101,450 -square -foot Mini -Warehouse Facility on a five - acre site within a PD/M-1/PF-A (Planned Development/Light Manufacturing/Public Facilities) Zone District of the Santa Maria Airport Business Park Specific Plan.

Environmental Notice: The Project was adequately covered in a previously adopted Supplemental Environmental Impact Report (SEIR) certified for the approved 2021 Santa Maria Airport Business Park Specific Plan amendment pursuant to California

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Environmental Quality Act State Guidelines Section 15162.

RECOMMENDATION:
1 Adopt a Resolution for General Plan consistency to amend the Santa Maria Airport Business Park Specific Plan to add "Heavy Retail Business" as a permitted land use in the Planned Development/Light Industrial/Public Facilities - Airport (PD/LI/PF-A) zone district, and to modify the Foxenwood Lane roadway design; and

2. Introduce an Ordinance for zoning consistency to amend the Santa Maria Airport Business Park Specific Plan to add "Heavy Retail Business" as a permitted land use in the Planned Development/Light Industrial/Public Facilities -Airport (PD/LI/PF-A) zone district, and to modify the Foxenwood Lane Roadway design; and

3. Adopt a resolution approving a Planned Development Permit (PD2022- 0017) for a 101,450 -square -foot Mini -Warehouse Facility on a five acre site within a PD/M-1/PF-A (Planned Development/Light Manufacturing/Public Facilities) Zone District of the Santa Maria Airport Business Park Specific Plan.

14. REGULAR BUSINESS
ORDER OF PROCEEDINGS FOR REGULAR BUSINESS ITEMS:

Council Agenda Report to be given.

Questions from the City Council.

Written communications/Public input.

City Council discussion and action.

14.a Adoption of a Resolution Approving a Sales and Disposition Agreement between the City of Santa Maria and Burt Fugate/Burt E. Fugate Trust for the Cook Street Mixed - Use Apartment Project
The City Council will consider adopting a Resolution approving a Sales and Disposition Agreement between the City of Santa Maria and Brett Fugate / Burt E.

Fugate Trust, which includes the sale of surplus land located at the northeast corner of Cook and McClelland Streets.

Environmental Notice: The adoption of the Sales and Disposition Agreement is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Adopt a Resolution approving a Sales and Disposition Agreement (SDA) between the City of Santa Maria and Burt Fugate / Burt E. Fugate Trust, which includes the sale of surplus land located at the northeast corner of Cook and McClelland Streets, an approximately 11,000 square -foot portion of Assessor's Parcel Number 125-320- 009.

14.b Receive a Status Update on the Mobile Home Model Lease Program The City Council will hear a status update on the mobile home model lease program, following direction provided by the City Council at its June 7, 2022, meeting.

Environmental Notice: The activity is not a "Project" as defined under Section 15378

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of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Receive a presentation providing a status update on the mobile home model lease program.

15. REPORT BY INTERIM CITY MANAGER

16. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234

REPORTS)

17. ADJOURNMENT
PLEASE NOTE:

The next regular meeting of the City Council will be held on February 6, 2023, at 5:30 p.m.

The deadline for submitting items for the February 6th meeting is January 17th.

City Council Meetings are televised live on Comcast cable television channel 23 and are rebroadcast at 9:00 a.m. on the next Thursday and on the following Tuesday at 5:30 p.m.

Council Meeting videos are also available for viewing on the City's website. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice.

If you challenge a determination made on a matter on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on this agenda, or in written correspondence to the city council at, or prior to, the public hearing.

CITY COUNCIL MEETING INFORMATION AND PROCESS:

This agenda is prepared and posted pursuant to Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the summary description of each item, the action that may be taken by the City Council shall include: a referral to staff with specific requests for information; continuance; specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and disapproval. Items not on the agenda may not be discussed or acted upon except under emergency circumstances. (Government Code Section 54954.2).

Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk and available for public inspection during City Hall business hours the Friday before the meeting. Any written correspondence or documents provided to a majority of the City Council after distribution of the Agenda will also be available for public inspection in the Office of the City Clerk. If requested, the agenda and supporting documents shall be made available in alternative formats to persons with a disability. The City Clerk's Office will answer any questions regarding the agenda.

Materials related to an item on this agenda submitted after distribution of the agenda packet will also be available with the agenda material for public inspection during normal business hours in the City Clerk's Office, 110 E. Cook Street, Santa Maria. Subject to the ability to

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post the documents prior to the meeting, such documents will also be available on the City's meetings website portal for the current City Council meeting at https://cityofsantamaria.org/meetings .

The City of Santa Maria welcomes orderly participation at its meetings from all members of the public. Orderly participation means speaking only on items of City business or on subjects within the City's control. Though the City Council wants to hear your concerns and values your input, it is inappropriate to defame, yell, use profane language, interrupt, or disrupt the meeting. All cellular telephones are to be turned off or set to vibrate, and signs are not to be displayed in a manner that violates the rights of others or prevents others from watching or fully participating in the Council meeting. Pursuant to Government Code Section 36813, the Mayor is authorized to prohibit such conduct, up to and including ordering anyone that disrupts the meeting to be removed from the City Council Chambers.

To receive reasonable accommodation under the Americans with Disabilities Act during the meeting, please notify the City Clerk's office of your needs during business hours at least 48 hours in advance of the meeting (typically before 3 p.m. on the Thursday before the meeting). The Office of the City Clerk is located at 110 East Cook Street in Santa Maria; telephone (805) 925-0951, extension 2306. The City will give primary consideration to your request in providing assistance. Examples of assistance may include exhibits in large -sized format, use of assisted listening equipment, use of the California Relay Service, texting by cellular phone, or the services of a live interpreter.

Assisted listening equipment can also be used for interpretation by Spanish -only speaking persons. To allow the City to coordinate and request a Spanish interpreter from the volunteer corps, contact the Office of the City Clerk by 1:00 p.m. on Monday before the meeting.

Equipo tambien puede ser utilizado para la asistencia de interpretacion para esas personas que solamente hablan espanol. Para permitirle a la Ciudad que coordine y solicite un interprete de un grupo de voluntarios, Ilame al (805) 925-0951 extension 2307 a la 1:00 de la tarde el lunes antes de la junta.

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FOR THE COUNCIL MEETING OF JANUARY 16, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
SUBJECT: Proclamation — "Respect for Life" — January 21, 2024, through January 27, 2024
Present a Proclamation recognizing January 21, 2024, through January 27, 2024, as "Respect for Life Week" in the City of Santa Maria.

BACKGROUND:

For over 30 years the Central Coast Citizens for Family and Life have been celebrating "Respect for Life Week" in Santa Maria.

DISCUSSION:
"Respect for Life Week" is being celebrated January 21St through January 27th. This year's Lifewalk 2024 is scheduled for Sunday, June 23rd at 2:00 p.m. in the City Hall Courtyard.

Attachment: Proclamation

>>
City of Santa Maria
Santa Maria, California
Proclamation
Santa Maria
bittl
All -America City
11111!
WHEREAS, for over 35 years the Central Coast Citizens for Family and Life have been celebrating "Respect for Life Week" in Santa Maria; and WHEREAS, it is imperative that residents of the community defend human life at all ages and conditions of dependency, and protect the disabled, the handicapped, and those defenseless in every way; and
WHEREAS, this year's Lifewalk 2024 is scheduled for Sunday, June 23rd at 2:00 p.m. in the City Hall Courtyard and "Respect for Life Week" is being celebrated January 21st through January 27th; and
WHEREAS, respect for life is a vital issue that invites full public awareness.

NOW, THEREFORE, I, ALICE M. PATINO, Mayor of the City of Santa Maria, hereby recognize the week of January 21st through January 27th 2024, as:
"RESPECT FOR LIFE WEEK"
in the City of Santa Maria, and encourage full awareness of the issue.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Santa Maria, to be affixed hereto this 16th day of January 2024.

Mayor Alice M. Patino

FOR THE COUNCIL MEETING OF JANUARY 16, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Chief Deputy City Clerk Sarah Lansburgh
SUBJECT: Proclamation — "Human Trafficking Awareness Month" — January 2024 Present a Proclamation recognizing January 2024, as "Human Trafficking Awareness Month" in the City of Santa Maria.

BACKGROUND:

Human trafficking is a form of modern slavery that occurs in every state, including California, wherein victims are forced to work in various forms of labor exploitation including, but not limited to, commercial sex acts and other services that are induced through force, fraud, or coercion.

The Santa Barbara County Human Trafficking Task Force has worked diligently to bring awareness to the fact that human trafficking occurs closer to home than one might think, and that California ranks number one in the country for reported human trafficking cases.

This Proclamation is being brought forth by the North County Rape Crisis and Child Protection Center to raise awareness of the issue and recognize the critical role all Santa Maria residents play in preventing, reporting, and adjudicating theses heinous crimes.

Attachment: Proclamation

i)
City of Santa Maria
Santa Maria, California
Proclamation
Santa Maria
kraal
All -America City
WHEREAS, human trafficking is a form of modem slavery that occurs in every state, including California, wherein victims are forced to work in various forms of labor exploitation including, but not limited to, commercial sex acts and other services that are induced through force, fraud, or coercion; and
WHEREAS, due to its isolated and discrete nature, many individuals across the globe are unaware that trafficking exists in their communities. It is estimated that more than 28 million people around the world are victims of human trafficking; and WHEREAS, Human Trafficking victims face a cruelty that has no place in a civilized world. It is a crime that can take many forms, and one that tears at our social fabric, debases our common humanity, and violates what we stand for as a country; and WHEREAS, increased education about how to identify human trafficking along with increased knowledge of in -state resources and services for those affected by criminal exploitation can help decrease the number of future victims; and WHEREAS, the Santa Barbara County Human Trafficking Task Force is committed to using all applicable laws and resources for investigating human trafficking and prosecuting those engaged in it; and
WHEREAS, the Santa Barbara County Human Trafficking Task Force has worked diligently to bring awareness to the fact that human trafficking occurs closer to home than one might think, that California ranks number 1 in the country for reported human trafficking cases, and that Santa Barbara County is home to hundreds of survivors of trafficking and exploitation; and
WHEREAS, Human Trafficking Awareness Month is an opportunity to recognize the critical role all Santa Barbara County residents play in preventing, reporting, and adjudicating these heinous crimes;
NOW, THEREFORE, I, ALICE M. PATINO, Mayor of the City of Santa Maria hereby proclaim the month of January 2024 as:
"Human Trafficking Awareness Month"
in the City of Santa Maria.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Santa Maria to be affixed hereto this 16`'' day of January 2024.

Alice M. Patino, Mayor

FOR THE COUNCIL MEETING OF JANUARY 16, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Public Information Manager Mark van de Kamp
SUBJECT: Presentation — Businesses of the Quarter — January to March 2024 Present certificates to the featured Businesses of the Quarter (January to March 2024) — Casa Bonita Furniture and Budget Blinds of Santa Maria.

BACKGROUND:

The City of Santa Maria and the Santa Maria Valley Chamber of Commerce are partnering to highlight different businesses in the City through a Businesses of the Quarter Program.

This program will recognize local businesses chosen by the Chamber on four occasions this calendar year. The criteria are: fewer than 20 employees; in operation for at least five years; physically located within the City Limits; and being a local Chamber of Commerce member in good standing. Not only does this give them valuable exposure, it also reminds the community of the unique, diverse, and long-standing businesses we are fortunate to have in Santa Maria.

DISCUSSION:

Casa Bonita Furniture and its showroom are located at 500 West Main Street. Formed in 2019, the family -owned business has three employees. It provides a collection of customized couches, sectionals, accent chairs, and sofa beds. The owners focus on quality furniture and great customer service including free local delivery. They are involved in supporting community events and charities. Representing the business tonight is Benjamin Davalos, President.

Budget Blinds of Santa Maria is located at 3130 Skyway Drive. Formed in 2012, the business has grown steadily and now has five employees. The family -owned and operated business provides window coverings. It offers a free in -home consultation and offers motorized window coverings to integrate with smart home automation. The company recently was part of Hats for Hope and aims to support more events.

Representing the business tonight are owners/operators Shawn and Sunday Ballas.

FOR THE COUNCIL MEETING OF JANUARY 16, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
SUBJECT: Presentation — Trauma Center Program Update
Receive a presentation from Marian Regional Medical Center regarding the Trauma Center Program.

BACKGROUND:

Marian Regional Medical Center is a 191 -bed medical facility home to a broad array of services including a trauma center, neonatal intensive care unit, cardiac care center, and a cancer program. In 2022, Marian Regional Medical Center Trauma Center was verified as Level II by the Committee on Trauma of the American College of Surgeons.

DISCUSSION:

As a Level II Trauma Center, the emergency department provides prompt assessment, resuscitation, and stabilization of injured patients. Key elements of Marian's Level II Trauma Center include 24 -hour immediate coverage by emergency medicine physicians and the availability of general surgeons and anesthesiologists.

Dr. Sjoholm, Marian's Trauma Medical Director, and Lisa Abeloe, the Trauma Program Manager, will present an update regarding the Trauma Center program.

CITY COUNCIL MEETING MINUTES CITY OF SANTA MARIA, CALIFORNIA December 19, 2023, 5:00 p.m.

City Hall Council Chambers
110 East Cook Street
Santa Maria
Roll Call:

Members Absent:

Staff Present:

Mayor Alice Patino, Councilmember Mike Cordero, Councilmember Gloria Soto
Councilmember Maribel Aguilera-Hernandez, Councilmember Carlos Escobedo
Interim City Manager Alex Posada, City Attorney Thomas Watson, Interim Chief Human Resources Officer Dawn Jackson, Fire Chief Bradley Dandridge, Director of Public Works Brett Fulgoni, Interim Director of Finance Xenia Bradford, Chief Information Officer Jeffrey Marecic (Remotely), Chief of Police Marc Schneider, Interim Director of Recreation & Parks Angela Oslund, Community Programs Manager Rosa Rojo (Remotely), Chief Deputy City Clerk Sarah Lansburgh, Assistant City Clerk Alexandra Valadez

CLOSED SESSION

1. CALL TO ORDER
Mayor Patino called the meeting to order at 5:04 p.m.

ROLL CALL:

MEMBERS PRESENT:

Councilmembers Mike Cordero, Gloria Soto, and Mayor Alice Patino MEMBERS ABSENT:

Mayor Pro Tem Maribel Aguilera-Hernandez and Councilmember Carlos Escobedo STAFF MEMBERS PRESENT:

Interim City Manager Posada, City Attorney Watson, and Chief Deputy City Clerk Lansburgh (for roll call only).

2. PUBLIC COMMENT PERIOD
1 Mayor Patino invited public comment. Speaking from the public was Matt Chircop.

3. RECESS -CLOSED SESSION
Mayor Patino recessed to a Closed Session at 5:11 p.m.

3.a Conference with Labor Negotiators, Pursuant to California Government Code §54957.6

3.b Public Employment Recruitment - City Manager, Pursuant to California Government Code §54957(b)(1)

3.c Conference with Real Property Negotiators Pursuant to Government Code §54956.8

4. RECONVENE TO OPEN SESSION
OPEN SESSION - 5:30 P.M.

5. INVOCATION
Pastor Neil Platon of First United Methodist Church gave the Invocation.

6. PLEDGE OF ALLEGIANCE
Councilmember Cordero led the Pledge of Allegiance.

7. CALL TO ORDER
Mayor Patino convened the meeting and called the meeting to order at 6:12 p.m.

8. REPORT BY THE CITY ATTORNEY FROM CLOSED SESSION
City Attorney Watson reported that instructions were provided to the City's Negotiators for items 3.a,

3.b, and 3.c.

9. PROCLAMATIONS

9.a Businesses of the Month — December 2023
The City Council presented certificates to the featured Businesses for December 2023 — Community Health Centers of the Central Coast, Inc., and Jay Cee Trophy.

10. PRESENTATIONS

10.a Performing Arts and Convention Center Feasibility Study - Findings Presentation City Council received a presentation from the Santa Maria Valley Chamber of Commerce to provide its findings of the feasibility study for a potential Santa Maria Performing Arts and Convention Center.

Mayor Patino invited public comment. Speaking from the public was Vicki Connor and Lynne Garrett.

11. PUBLIC COMMENT PERIOD (Not to exceed 15 Minutes)
Mayor Patino invited public comment. Speaking from the public was Gary Hall and Laurie Tamaura.

12. CONSENT CALENDAR
2 Consent Calendar Items 12.a.1 through 12.c.1 were approved as presented, including the adoption of Resolution Nos. 2023-160 and 2023-161. The recorded vote appears with each item below.

Moved by: Councilmember Soto
Seconded by: Councilmember Cordero
Adopt the Consent Calendar as submitted.

For (3): Mayor Patino, Councilmember Cordero, and Councilmember Soto Absent (2): Councilmember Aguilera-Hernandez, and Councilmember Escobedo Motion carried by a recorded vote (3 to 0)

12.a CITY MANAGER/CITY CLERK DEPARTMENT

12.a.1 Ordinances and Resolutions
Waived the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Agenda will be adopted by the same vote cast at the first meeting, unless City Council indicates otherwise.

Motion carried unanimously

12.a.2 Approval of Minutes
Approved the Minutes of the regular City Council meeting of December 5, 2023.

Motion carried unanimously

12.a.3 Salary Increase for Crime Analyst Classification; Establishing New Classification of Legal Office Specialist; Establishing January 2024 Minimum Wage Increase; and Adoption of a Resolution Approving the CaIPERS Comprehensive Schematic Pay Schedule Action: Adopted as Resolution No. 2023-160
1) Adopted a Resolution approving the Comprehensive Schematic Pay Schedule for all full-time and part-time employees in accordance with CaIPERS guidelines; 2) Approved the salary increase for the Crime Analyst job classification; 3) Established one new classification of the Legal Office Specialist; and 4) Established the January 2024 Minimum Wage Increase.

Motion carried unanimously

12.a.4 *Consideration of awarding Professional Services Agreement for Consulting Services to Imperium Consulting Group, LLC
3 Awarded a Professional Services Agreement for consulting services to Imperium Consulting Group, LLC, in the amount of $217,960.75 for claim preparation and presentation services for damaged City facilities.

Motion carried unanimously

12.b FINANCE DEPARTMENT

12.b.1 Payment of Warrants
Order ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Finance.

Motion carried unanimously

12.b.2 Payment of Payroll
Order ratified subject to having been certified by the proper Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.

Motion carried unanimously

12.b.3 Receive and File the Growth Mitigation Annual Compliance Report — AB 1600 Received, reviewed, and filed the Growth Mitigation Annual Compliance Report.

Motion carried unanimously

12.c PUBLIC WORKS DEPARTMENT

12.c.1 Adoption of a Resolution Awarding a Bid to Main Line Engineering for the Stowell -Black Road Waterline Extension Project, Bid No. 2023-13
Action: Adopted as Resolution No. 2023-161
Adopted a Resolution awarding a bid to Main Line Engineering, in the amount of $887,060 for the construction of the Stowell -Black Road Waterline Extension Project, Bid No. 2023-13.

Motion carried unanimously

13. REGULAR BUSINESS

13.a Annual Appointment of Mayor Pro Tem
The City Council entertained nominations for the position of Mayor Pro Tem for a one-year term. 4 Moved by: Mayor Patino
Seconded by: Councilmember Soto
Mayor Patino nominated Councilmember Soto as Mayor Pro Tem for calendar year 2024.

For (3): Mayor Patino, Councilmember Cordero, and Councilmember Soto Absent (2): Councilmember Aguilera-Hernandez, and Councilmember Escobedo Motion carried by a recorded vote (3 to 0)

14. REPORT BY INTERIM CITY MANAGER
Interim City Manager Posada reported that the next City Council Meeting on January 2nd has been cancelled. Items on the January 16th agenda would include a closed session for Labor and a Purchase/Sales Agreement, a Presentation of Marian Trauma Program, Annual Boards and Committee Appointments, Office of Traffic Safety Grant Application, Award of Contract for Citywide Pedestrian Safety Project, and Interim Assistant City Manager Wu hopes to present an update on the Mobile Home Discussions.

15. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS) Councilmember Cordero reported that he attended the Public Works Appreciation BBQ, the Check presentation for Soccer Complex by Assemblymember Gregg Hart and Senator Monique Limon, the Central Coast Community Energy Policy Board Meeting, and the Elks Club.

Councilmember Soto did not have a report.

Mayor Patino reported that she attended the Ben Heighes Show, a Teacher Tour Appreciation Event, the Fighting Back Santa Maria Valley Board Meeting, the Central Coast Community Energy Policy Board Meeting, the Check presentation for Soccer Complex by Assemblymember Gregg Hart and Senator Monique Limon, SBCAG Meeting, LAFCO Meeting, Elks Club, City Leadership of Santa Barbara, 150 Years of Life and Ministry - First Methodist Church, and Badge Pinning at Santa Maria Police Department.

16. ADJOURNMENT
There being no further business before the City Council, Mayor Patino declared the City Council meeting adjourned at 7:22 p.m.

Sarah Lansburgh, Chief Deputy City Clerk
5 Alice M. Patino, Mayor
6 SPECIAL CITY COUNCIL MEETING MINUTES CITY OF SANTA MARIA, CALIFORNIA January 4, 2024, 2:30 p.m.

City Hall Council Chambers
110 East Cook Street
Santa Maria
Roll Call:

Mayor Alice Patino, Councilmember Maribel Aguilera-Hernandez, Councilmember Mike Cordero, Councilmember Carlos Escobedo, Councilmember Gloria Soto
Staff Present: Interim City Manager Alex Posada, City Attorney Thomas Watson, Chief Deputy City Clerk Sarah Lansburgh

CLOSED SESSION

1. CALL TO ORDER
Mayor Patino called the meeting to order at 2:30 p.m.

ROLL CALL:

MEMBERS PRESENT:

Councilmembers Maribel Aguilera-Hernandez, Mike Cordero, Carlos Escobedo, Gloria Soto, and Mayor Alice Patino
STAFF MEMBERS PRESENT:

Interim City Manager Posada, City Attorney Watson, and Chief Deputy City Clerk Lansburgh (for roll call only).

2. PUBLIC COMMENT PERIOD
Mayor Patino invited public comment. No public comment was received.

3. RECESS -CLOSED SESSION
Mayor Patino recessed to a Closed Session at 2:31 p.m.

3.a Conference with Labor Negotiations Team, Pursuant to California Government Code §54957.6

3.b Conference with Legal Counsel, Pursuant to California Government Code §54956.9(d)(2)

4. RECONVENE TO OPEN SESSION
1 5. REPORT BY THE CITY ATTORNEY FROM CLOSED SESSION
City Attorney Watson reported that there were no reportable actions for Closed Session items 3.a and

3.b

6. ADJOURNMENT
There being no further business before the City Council, Mayor Patino declared the City Council meeting adjourned at 3:20 p.m.

Sarah Lansburgh, Chief Deputy City Clerk
Alice M. Patino, Mayor
2 FOR THE COUNCIL MEETING OF JANUARY 16, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Chief of Police Marc Schneider
SUBJECT: Adoption of a Resolution Authorizing an Application for the California Office of Safety Selective Traffic Enforcement Program Grant Description:

The City Council will consider authorizing the submission of an application for the 2025 Grant Program Cycle of the California Office of Traffic Safety Selective Traffic Enforcement Program Grant.

RECOMMENDATION:

Adopt a Resolution authorizing the submission of an application for the 2025 Grant Program Cycle of the California Office of Traffic Safety Selective Traffic Enforcement Program Grant.

BACKGROUND:

The California Office of Traffic Safety (OTS) is a partnership effort between the National Highway Traffic Safety Administration and the State of California. Each year OTS develops a highway safety plan identifying the key highway safety problems in the state and the most effective measures to address them.

The Santa Maria Police Department (SMPD) has received Selective Traffic Enforcement Program (STEP) grants from OTS since 2009. The awarded grant funding has been used for staff overtime working targeted traffic operations and for the purchase of equipment.

The SMPD is currently operating in a one-year OTS Grant that was awarded in October 2023. This grant has paid for overtime for specialized Driving Under the Influence (DUI) enforcement, DUI/driver license checkpoints, repeat DUI offender stakeouts, traffic safety presentations, and bike/pedestrian operations.

DISCUSSION:

The SMPD would like to submit a grant application for the Fiscal Year 2025 Grant Cycle to continue the previously implemented STEP and DUI Checkpoint programs. If awarded, the new OTS grant will run from October 1, 2024, through September 30, 2025, and allow the SMPD to continue to supplement its enforcement efforts in critical traffic areas of the City and target traffic factors that lead to fatal and injury collisions. Funding will include

overtime and fringe benefits, training, and travel for officers, as well as funding for the purchase of DUI checkpoint supplies.

Fiscal Considerations
Staff will determine a dollar amount to request based on estimated operation and supply costs once approved to apply. OTS will make the final determination of funds awarded.

There are no matching funds required for this grant application.

Impact to the Community
With this funding, enforcement directed at making Santa Maria's roads safer will have a positive impact on the community. This grant will provide funding for traffic officers to continue their educational and enforcement efforts to combat the traffic issues within the City.
2 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA, AUTHORIZING THE
SUBMISSION OF AN APPLICATION FOR THE 2025 GRANT

PROGRAM CYCLE OF THE CALIFORNIA OFFICE OF TRAFFIC

SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM
GRANT
WHEREAS, the City of Santa Maria desires to provide additional traffic safety services for City residents; and
WHEREAS, the City of Santa Maria has determined that it is in the public interest to seek and apply for supplemental funding sources for the purposes of public safety; and NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The City Manager or designee, is hereby authorized to submit a grant application, appropriate and expend funds awarded to the Santa Maria Police Department pursuant to the California Office of Traffic Safety Selective Traffic Enforcement Grant Program; and

2. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
///
///
///

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 16th day of January 2024.

ATTEST:

Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager

FOR THE COUNCIL MEETING OF JANUARY 16, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Director of Public Works Brett Fulgoni
SUBJECT: Adoption of a Resolution Awarding Bid No. 2023-17 to V. Lopez Jr & Sons G.E.C., Inc. for the 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project
Description:

The City Council will consider approving the award of Bid No. 2023-17 for the construction of the 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project to V.

Lopez Jr. & Sons G.E.C., Inc.. The project work consists of improving the safety and accessibility of the existing pedestrian facilities network by focusing on areas where improvements are needed most all work necessary to render the facilities complete and operational.

RECOMMENDATION:

BACKGROUND:

Under the direction of the City of Santa Maria Public Works Department, the project was designed by the Engineering Division with input from the Streets Division. The project scope includes improving the safety and accessibility of the existing pedestrian facilities network by focusing on areas where improvements are needed. The project scope also includes crosswalk improvements at low -visibility and mid -block locations. Crosswalk improvements include striping, signage, and ADA pedestrian ramp improvements.

DISCUSSION:

The project was extensively advertised for bids. The City received two bids, which were opened on December 5, 2023. A summary of the bids submitted are as follows:

Bidder
Bid Amount
V. Lopez Jr. & Sons G.E.C., Inc.
$1,942,704.25
The J. F. Will Company, Inc.
$1,963,765.00
A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of the Public Works Director at 110 South Pine Street, Suite 221, Santa Maria, CA 93458.

As stated in the Bid Specifications, the Basis of Award is based on the lowest responsive responsible bid, based on the Grand Total. V. Lopez Jr & Sons G.E.C., Inc. (V. Lopez) has been deemed to be the lowest responsible bidder.

V. Lopez has performed and successfully completed similar work for the City of Santa Maria, as well as many cities throughout Southern California and on the Central Coast.

In addition, they have submitted references for their work history. City staff have checked the firm's references and are comfortable with the ability of the contractor to perform the work successfully.

The recommended action is to award the bid to V. Lopez, in the amount of $1,942,704 .25.

Alternative
The alternative to the recommended action would be to reject all bids.

Fiscal Considerations
Account number 064-011-045-52-29 "Enhanced Roadway Maintenance — LSTP," account number 068-011-047-52-01 "Alternative Transportation Enhancements," and account number 068-011-041-52-02 "Alternative Transportation Enhancement" have a combined total of $3,064,593.90 budgeted this fiscal year.

Available Budget Account
Amount
Enhanced Roadway Maintenance — LSTP
Alternative Transportation Enhancements
Alternative Transportation Enhancement
$ 1,786,667.34
$ 661,473.50
$ 616,453.11
Estimated Expenditures
Amount
Award
Contingency (15%)
$ 1,942,704.25
$ 291,405.64
Inspection, Testing, Staff Time
$ 100.000.00
Total
$ 2,334,109.89
Impact to the Community
Continual upkeep of the sidewalk network ensures a secure and robust system, ultimately benefiting the community.

ATTACHMENTS
2 A. Detailed Bid Results_Award of Contract - Citywide Pedestrian Safety Project_2024-01-16 B. Professional Services Agreement_Award of Contract - Citywide Pedestrian Safety Project_2024- 01-16
3 Attachment A
City of Santa Maria
Bid Results for Project 2023-2024 CITYWIDE PEDESTRIAN SAFETY AND ACCESSIBILITY IMPROVEMENT PROJECT (2023-17) Issued on 10/18/2023
Bid Due on December 05, 2023 2:00 PM (PST)
V. Lopez Jr. & Sons G.E.C., Inc.

JJ Fisher Construction, Inc.

Bid Item Num
Description
Quantity
Unit of
Measure
Unit Price
Bid Item Cost
Unit Price
Bid Item Cost
1 Construction Coordination
1 LS
$10,000.00
$10,000.00
$97,455.00
$97,455.00
2 Traffic Control and Construction Signs
1 LS
$50,000.00
$50,000.00
$87,000.00
$87,000.00
3 Sawcutting
1 LS
$15,000.00
$15,000.00
$25,350.00
$25,350.00
4 PCC Spandrel
18400
SF
$18.00
$331,200.00
$23.00
$423,200.00
5 PCC Crossgutter
2600
SF
$25.00
$65,000.00
$32.00
$83,200.00
6 PCC Driveway and Alley Approach
1100
SF
$25.00
$27,500.00
$22.38
$24,618.00
7 PCC Sidewalk
15500
SF
$15.00
$232,500.00
$14.00
$217,000.00
8 PCC ADA Ramp
36300
SF
$24.00
$871,200.00
$19.00
$689,700.00
9 PCC Gutter Only
150
LF
$60.00
$9,000.00
$41.00
$6,150.00
10 PCC Curb and Gutter
1200
LF
$75.00
$90,000.00
$64.00
$76,800.00
11 PCC Bus Pad
1500
SF
$28.00
$42,000.00
$20.00
$30,000.00
12 Class 2 Aggregate Base (6" Thick)
380
SF
$15.00
$5,700.00
$8.80
$3,344.00
13 Asphalt Concrete (1/2" Type A or B) - Digout Repairs (4" Thick) 1500
SF
$12.00
$18,000.00
$25.00
$37,500.00
14 Root Barrier
310
LF
$6.00
$1,860.00
$37.60
$11,656.00
15 4" Sidewalk Joint
290
LF
$47.00
$13,630.00
$5.90
$1,711.00
16 Truncated Domes
16 EA
$500.00
$8,000.00
$504.00
$8,064.00
17 Signage
1 LS
$66,099.25
$66,099.25
$46,892.00
$46,892.00
18 Thermoplastic Striping
18500
SF
$4.39
$81,215.00
$4.75
$87,875.00
19 Red Curb
2500
LF
$1.92
$4,800.00
$2.50
$6,250.00
Total
$1,942,704.25
$1,963,765.00

Attachment B

AGREEMENT
THIS AGREEMENT, made and entered into on this 16th day of January 2024, by and between V. Lopez Jr. & Sons G.E.C., Inc., hereinafter referred to as "Contractor," and the City of Santa Maria in the County of Santa Barbara, California, hereinafter referred to as "Owner."
WITNESSETH:

That for and in consideration of the promises and agreements hereinafter made and exchanged, Owner and Contractor agree as follows:

1. That Contractor shall complete the work generally described as follows: 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project (Bid No. 2023-17), in accordance with the Contract Documents therefore, adopted by the City Council, of Owner, as prepared by City of Santa Maria.

2. That Owner will pay Contractor progress payments and the final payment, in accordance with the provisions of the contract documents, with warrants drawn on the appropriate fund or funds as required, at the prices bid on the proposal form accepted by Owner and set forth in this agreement.

Total Bid of ONE -MILLION, NINE -HUNDRED FORTY-TWO THOUSAND, SEVEN - HUNDRED, FOUR DOLLARS AND TWENTY-FIVE CENTS.

Contract Price in Figures $1,942,704.25

3. Contractor agrees to complete said work within the contract time of sixty (60) working days, from the day following the issuance of the Notice to Proceed, and approved extensions thereof, to the satisfaction of Owner before final payment is made.

4. Time is of the essence on this contract.

5. It is mutually understood and agreed that time is of the essence of this agreement and that it is difficult to ascertain the amount of damages required to properly compensate Owner for failure by Contractor to comply with all the contract requirements within the time fixed in the agreement.

In accordance with California Government Code, Section 53069.85, the amount of liquidated damages to be paid to Owner for each day completion is delayed beyond the time for completion, shall be five hundred ($500) dollars. Contractor hereby acknowledges that it has reviewed said provisions relating to liquidated damages and the amount thereof and accepts the same as being reasonable under the circumstances and as a material part of the consideration for this contract. Contractor

Attachment B
also acknowledges that progress payments made after the scheduled completion date do not constitute a waiver of liquidated damages.

6. That, in accordance with Section 1774 of the California Labor Code, Contractor will pay, and will require subcontractors to pay, employees on the project a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, contained in or referenced in the contract documents.

7. That, in accordance with Section 1775 of the California Labor Code, Contractor shall forfeit to Owner, as a penalty, not more than two hundred dollars ($200) for each day, or portion thereof, for each worker paid, either by Contractor or any subcontractor, less than the prevailing rates as determined by the Director of the California Department of Industrial Relations for the work.

8. That, in accordance with Section 1777.5 of the Labor Code, this agreement fixes the responsibility of compliance with said Section 1777.5 for all apprenticeable occupations with the prime Contractor.

9. That, except as provided in Section 1815 of the California Labor Code, in the performance of the work not more than eight (8) hours shall constitute a day's work, and not more than forty (40) hours shall constitute a week's work; that Contractor shall not require more than eight (8) hours of labor in a day nor more than forty (40) hours of labor in a week from any person employed by Contractor or any subcontractor; that Contractor shall conform to Division 2, Part 7, Chapter 1, Article 3 (Section 1810, et seq.) of the California Labor Code; and that Contractor shall forfeit to Owner, as a penalty, the sum of twenty-five dollars ($25) for each worker employed in the execution of the work by Contractor or any subcontractor for each day during which any worker is required or permitted to labor more than eight (8) hours in violation of said Article 3.

10. That Contractor shall carry workers' compensation insurance and require subcontractors to carry workers' compensation insurance as required by the California Labor Code.

11. That Contractor shall have furnished, prior to execution of the contract, three bonds approved by Owner: (1) the faithful performance bond in the amount of one -hundred percent (100%) of the contract price, to guarantee the faithful performance of the work; (2) the labor and material bond in the amount of one -hundred percent (100%) of the contract price, to guarantee payment of all claims for labor and materials furnished; and (3) the guarantee and defective material bond in the amount of ten percent (10%) of the contract price, to guarantee the one year maintenance of public improvements.

This contract shall not become effective until such bonds are supplied to and approved by Owner.

Attachment B

12. That Contractor, prior to execution of the contract shall comply with the following Department of Industrial Relations requirements.

1. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

13. That this agreement, by reference, includes the contract documents defined in Document 00700, General Conditions.

14. That Contractor agrees to devote the time necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.

15. The agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as consent by City to any assignment of this agreement or any interest in this agreement.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.)

Attachment B
IN WITNESS WHEREOF, said Contractor and the Mayor of Santa Maria, by Resolution No. 2023-xx of the City Council, of Owner thereunto duly authorized, have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written.

CONTRACTOR: OWNER:

Vince Lopez, I I I Alice Patino
V. Lopez Jr. & Sons G.E.C., Inc. Mayor
President
ATTEST:

Sarah Lansburgh
Chief Deputy City Clerk
APPROVED AS TO FORM:

Risk Manager
City Attorney

Attachment B
EXHIBIT "A"

INSURANCE REQUIREMENTS
Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

Attachment B
B. Minimum Limits of Insurance
Provider shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City.

The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements
The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the

Attachment B
form or an endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.

4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims -made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Provider must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

Attachment B
F. Verification of Coverage
Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AWARDING A BID TO V. LOPEZ JR & SONS G.E.C., IN THE AMOUNT OF $1,942,704.25, FOR THE CONSTRUCTION OF 2023-2024 CITYWIDE PEDESTRIAN SAFETY AND ACCESSIBILITY IMPROVEMENT PROJECT, BID NO. 2023-17.

WHEREAS, the City of Santa Maria formally advertised 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project, Bid No. 2023-17 ("Project"); and WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and
WHEREAS, the bids were publicly opened at 2:00 p.m. on December 5, 2023; and WHEREAS, V. Lopez Jr. & Sons G.E.C., was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and
WHEREAS, the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility with negligible expansion of the existing uses.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The Mayor is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, an Agreement with V. Lopez Jr. & Sons G.E.C. for the 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project, Bid No. 2023-17; and

2. The award of the bid is conditional upon execution of the Agreement by the successful bidder in the form and terms set forth therein by the City; and

3. The City Manager, or designee, is hereby authorized to approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and

the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 16th day of January 2024.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager
2 FOR THE COUNCIL MEETING OF JANUARY 16, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Director of Public Works Brett Fulgoni
SUBJECT: Adoption of a Resolution Awarding Bid No. 2023-16 to Main Line Engineering for the McClelland Waterline Replacement Project Description:

The City Council will consider approving the award of Bid No. 2023-16 to Main Line Engineering for the construction of the McClelland Waterline Replacement Project. The project consists of installing a new 12" PVC water line from Main to Alvin via Vine and McClelland.

RECOMMENDATION:

Adopt a Resolution awarding a bid to Main Line Engineering, in the amount of $1,209,295, for the construction of the McClelland Waterline Replacement Project, Bid No. 2023-16.

BACKGROUND:

Under the direction of the City of Santa Maria Utilities Department, the project was designed by GTA. The project scope includes installing a new 12" PVC water line from Main to Alvin via Vine and McClelland. Work includes abandoning a section of the existing water main per City requirements, reconnecting existing laterals, connections, and main crossings, reconnecting 3" on -site irrigation/landscape meters, and lastly reconfiguring the fire hydrants at McClelland Alley off Main.

DISCUSSION:

The project was extensively advertised for bids. The City received three bids, which were opened on December 12, 2023. A summary of the bids submitted are as follows:

Bidder
Bid Amount
Main Line Engineering
$1,209,295.00
The J. F. Will Company, Inc.
$1,487,131.19
V. Lopez Jr. & Sons G.E.C., Inc.
$1,688,721.00

A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of the Public Works Director at 110 South Pine Street, Suite 221, Santa Maria, CA 93458.

As stated in the Bid Specifications, the Basis of Award is based on the lowest responsive responsible bid, based on the Grand Total. Main Line Engineering has been deemed to be the lowest responsible bidder.

Main Line Engineering has performed and successfully completed similar work for the City of Santa Maria, as well as many cities throughout Southern California and on the Central Coast. In addition, they have submitted references for their work history. City staff have checked the firm's references and are comfortable with the ability of the contractor to perform the work successfully.

The recommended action is to award the bid to Main Line Engineering, in the amount of $1,209,295.

Alternative
The alternative to the recommended action would be to reject all bids.

Fiscal Considerations
Account Number 002-011-080-52-52, "Water Main Upgrade" has $1,080,249.78 budgeted this fiscal year. The Utilities Department requests $499,974.80 in additional funds to cover costs associated with this project.

Available Budget Account
Amount
Water Main Upgrade
$ 1,080,249.78
Estimated Expenditures
Amount
Award
Contingency (10%)
$ 1,209,295.00
$ 120,929.50
Inspection, Testing, Staff Time
I 250,000.00
Total
$ 1,580,224.50
Impact to the Community
Continual upkeep of the water system ensures a secure and robust system, ultimately benefiting the community.

Other Agency Review
No other agency review is necessary or anticipated.

ATTACHMENTS
A. Detailed Bid Results_Award of Contract — McClelland Waterline Project_2024-01-16 B. Professional Services Agreement_Award of Contract — McClelland Waterline Project_2024-01-16 2 Attachment A
City of Santa Maria
Bid Results for Project MCCLELLAND WATERLINE REPLACEMENT PROJECT (2023-16) Issued on 10/18/2023
Bid Due on December 12, 2023 2:00 PM (PST)
Bid Item
No.

Description
Quantity
Unit of
Measure
Main Line Engineering
The J. F. Will Company, Inc.

V. Lopez Jr. & Sons G.E.C., Inc.
1 Mobilization, Demobilization, Bonds and Insurance
1 LS
$45,000.00
$45,000.00
$113,808.64
$113,808.64
$47,040.00
$47,040.00
2 Traffic Control, Construction Area Signs, Postings & Notifications 1 LS
$25,000.00
$25,000.00
$35,400.00
$35,400.00
$98,560.00
$98,560.00
3 Water Pollution Control Program
1 LS
$10,000.00
$10,000.00
$20,012.80
$20,012.80
$5,264.00
$5,264.00
4 Disinfection and Pressure Testing
1 LS
$35,000.00
$35,000.00
$9,062.40
$9,062.40
$8,960.00
$8,960.00
5 12 -Inch Plastic Pipe Waterline
3150
LF
$170.00
$535,500.00
$161.66
$509,229.00
$195.00
$614,250.00
6 10 -Inch Plastic Pipe Waterline
20 LF
$350.00
$7,000.00
$312.24
$6,244.80
$833.00
$16,660.00
7 8 -Inch Plastic Pipe Waterline
30 LF
$300.00
$9,000.00
$382.99
$11,489.70
$652.00
$19,560.00
8 6 -Inch Plastic Pipe Waterline
115
LF
$320.00
$36,800.00
$160.65
$18,474.75
$559.00
$64,285.00
9 2.5 -Inch Plastic Pipe Waterline
30 LF
$320.00
$9,600.00
$92.71
$2,781.30
$215.00
$6,450.00
10 1 -Inch Copper Water Line Type "K"
500
LF
$60.00
$30,000.00
$105.76
$52,880.00
$140.00
$70,000.00
11 Irrigation Backflow Assembly & Enclosure
1 LS
$15,000.00
$15,000.00
$13,466.66
$13,466.66
$15,540.00
$15,540.00
12 12" Resilient Wedge Gate Valves
6 EA
$8,400.00
$50,400.00
$4,602.34
$27,614.04
$6,467.00
$38,802.00
13 10" Resilient Wedge Gate Valves
4 EA
$6,300.00
$25,200.00
$4,019.32
$16,077.28
$7,241.00
$28,964.00
14 8" Resilient Wedge Gate Valves
6 EA
$6,000.00
$36,000.00
$3,714.22
$22,285.32
$4,036.00
$24,216.00
15 6" Resilient Wedge Gate Valves
20 EA
$5,200.00
$104,000.00
$2,502.37
$50,047.40
$2,879.00
$57,580.00
16 6" Sanitary Sewer Line
120
LF
$150.00
$18,000.00
$103.15
$12,378.00
$432.00
$51,840.00
17 Asphalt Concrete (1/2" Type A)
730
TN
$120.00
$87,600.00
$279.32
$203,903.60
$382.00
$278,860.00
18 Class II Aggregate Base
813
TN
$45.00
$36,585.00
$239.15
$194,428.95
$90.00
$73,170.00
19 PCC Removal & Replacement (Cross Gutter & Spandrel, Concrete Approach at Alley, Sidewalk & Miscellaneous Curb & Gutter)
1780
SF
$37.00
$65,860.00
$28.81
$51,281.80
$39.00
$69,420.00
20 24 -Inch Steel Casing (to include provisions for night -work) 100
LF
$100.00
$10,000.00
$386.49
$38,649.00
$783.00
$78,300.00
21 Pothole Existing Utilites
25 EA
$710.00
$17,750.00
$3,104.63
$77,615.75
$840.00
$21,000.00
Total
$1,209,295.00
$1,487,131.19
$1,688,721.00

Attachment B

AGREEMENT
THIS AGREEMENT, made and entered into on this 16th day of January 2024, by and between Main Line Engineering, hereinafter referred to as "Contractor," and the City of Santa Maria in the County of Santa Barbara, California, hereinafter referred to as "Owner." WITNESSETH:

That for and in consideration of the promises and agreements hereinafter made and exchanged, Owner and Contractor agree as follows:

1. That Contractor shall complete the work generally described as follows: McClelland Waterline Replacement Project (Bid No. 2023-16), in accordance with the Contract Documents therefore, adopted by the City Council, of Owner, as prepared by City of Santa Maria.

Total Bid of ONE -MILLION, TWO -HUNDRED NINE THOUSAND, AND TWO -HUNDRED NINETY-FIVE DOLLARS.

Contract Price in Figures $1,209,295.00

4. Time is of the essence on this contract.

Attachment B
do not constitute a waiver of liquidated damages.

10. That Contractor shall carry workers' compensation insurance and require subcontractors to carry workers' compensation insurance as required by the California Labor Code.

This contract shall not become effective until such bonds are supplied to and approved by Owner.

12. That Contractor, prior to execution of the contract shall comply with the following

Attachment B
Department of Industrial Relations requirements.

3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

13. That this agreement, by reference, includes the contract documents defined in Document 00700, General Conditions.

Attachment B
IN WITNESS WHEREOF, said Contractor and the Mayor of Santa Maria, by Resolution No. 2024-xx of the City Council, of Owner thereunto duly authorized, have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written.

CONTRACTOR: OWNER:

Airel Arroyo Alice Patino
Main Line Engineering Mayor
CEO
ATTEST:

Sarah Lansburgh
Chief Deputy City Clerk
APPROVED AS TO FORM:

Risk Manager
City Attorney

Attachment B
EXHIBIT "A"

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

Attachment B
B. Minimum Limits of Insurance
Provider shall maintain limits no less than:

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City.

D. Other Insurance Requirements
The liability policies are to contain, or be endorsed to contain, the following provisions:

E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,

CALIFORNIA, AWARDING A BID TO MAIN LINE ENGINEERING, IN THE AMOUNT OF $1,209,295, FOR THE CONSTRUCTION OF THE MCCLELLAND WATERLINE REPLACEMENT PROJECT, BID NO. 2023-16.

WHEREAS, the City of Santa Maria formally advertised McClelland Waterline Replacement Project, Bid No. 2023-16 ("Project"); and
WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and
WHEREAS, the bids were publicly opened at 2:00 p.m. on December 12, 2023; and WHEREAS, Main Line Engineering, was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and WHEREAS, The project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility with negligible expansion of the existing uses.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The Mayor is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, an Agreement with Main Line Engineering, Inc., for the McClelland Waterline Replacement Project, Bid No. 2023-16; and

2. The award of the bid is conditional upon execution of the Agreement by the successful bidder in the form and terms set forth therein by the City; and

3. The City Manager, or designee, is hereby authorized and directed to appropriate $499,974.80 in additional funds from the following identified account: 002-011-080-52-52, "Water Main Upgrade" for the approved project; and

4. The City Manager, or designee, is hereby authorized to approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and

5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial

conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 16th day of January 2024.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager
2 FOR THE COUNCIL MEETING OF JANUARY 16, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Director of Public Works Brett Fulgoni
SUBJECT: Adoption of a Resolution Approving the Just BOBA Five -Year Payment Plan for Growth Mitigation Impact Fees
Description:

The City Council will consider approving a five-year payment plan for Traffic Growth Mitigation fees. The total amount of Traffic Growth Mitigation Impact Fees to be deferred is $22,212.34. This will allow Just BOBA to operate as a business while paying the required fees over time.

RECOMMENDATION:

Adopt a Resolution approving the deferral of Traffic Growth Mitigation Impact Fees to be paid over a five-year period for the Just BOBA development, located at 1954 South Broadway.

BACKGROUND:

The developer Judith Mendoza has applied for a building permit with the City of Santa Maria, Building Permit number B23-0552 to remodel an existing 1,348 square foot commercial retail space and construct a high -turnover sit-down restaurant in a PD/C-2 (Planned Development General Commercial) zone.

The California Legislature enacted AB1600 (the Mitigation Fee Act of 1987) to provide a method for communities to mitigate the impacts of growth on the local infrastructure. The City Council adopted the first Capital Improvement Plan and Ordinances for the City's Growth Mitigation Fee program in July 1993.

The City's Growth Mitigation Fee Program is codified in Municipal Code Chapter 8-15 and imposes the development impact fees on development projects. Development means any building or other alteration of or change in use. Changes in use may include, but not be limited to, conversion of general office to medical office, or conversion of retail space to restaurant/laundry/entertainment. The proposed development to remodel an existing

commercial retail space into a high -turnover sit-down restaurant is within the criteria to be considered for the City's Growth Mitigation Fee Program.

Impact fees are reflective of a development's share of the cost of providing the improvements necessary to meet the service demands that the development creates.

Municipal Code Section 8-15.06(g) stipulates that the City Council may consider allowing qualifying commercial developments the ability to pay Growth Mitigation fees as outlined in the current fee schedule over a period of time. The maximum amount of time for payback shall be five years. The payments shall be made yearly, and interest shall be paid. Interest calculations shall be based on the average annual interest rate for the Local Agency Investment Fund. Qualifying companies who wish to pursue this option shall sign an agreement in a form approved by the City Attorney and shall provide financial security guaranteeing payment.

DISCUSSION:

An agreement for the deferral of growth mitigation fees has been prepared by the City Attorney's Office and a Faithful Performance Bond ensuring financial security has been secured.

Per Section 8-15.06 of the City of Santa Maria Municipal Code, Just BOBA seeks the consideration of the City Council for the deferred payment of Growth Mitigation Impact Fees over the next five years for Building Permit B23-0552.

Alternative
The City Council may require the payment of growth mitigation fees over a shorter payback term, less than five years. This will require higher annual payments to be payable to the City.

Fiscal Considerations
The deferred payment of mitigation fees will result in delayed fees to the City. Although deferred, the City will obtain interest for the delay in payment.

The total amount of Traffic Growth Mitigation Impact Fees to be deferred is $22,212.34.

These payments are to be paid annually in five equal installments, plus interest based on the average annual interest rate for the Local Agency Investment Fund, on or before the dates set forth below:

1. January 16th, 2024

2. January 16th, 2025

3. January 16th, 2026

4. January 16th, 2027

5. January 16th, 2028
Impact to the Community
There should be no impacts outside of fiscal deferral. The funds are necessary for the buildout of the Traffic projects in the Capital Improvement Program, but the fund balance 2 is adequate for the planned projects and the deferral will not create delays for planned projects.

ATTACHMENTS
A. Agreement_ Just BOBA Growth Mitigation Impact Fees_2024-01-16 3 Attachment A

AGREEMENT DEFERRING PAYMENT OF TRAFFIC MITIGATION FEES

AND PROVIDING FOR SECURITY FOR PAYMENT
This Agreement ("Agreement") is made on January 16, 2024 ("Effective Date"), by and between Judith Mendoza, an individual ("Mendoza"), and the City of Santa Maria, a California Municipal Corporation and Charter City ("City") in Santa Maria, California.

WHEREAS, Mendoza leases property located at 1954 South Broadway in the City of Santa Maria, California; and
WHEREAS, the applicant has applied for a building permit with the City of Santa Maria, Building Plan Check Number B23-0552 for Just BOBA, allowing Mendoza to remodel an existing 1,348 square foot retail space and construct a High -Turnover Sit Down Restaurant in a PD/C-2 (Planned Development/General Commercial) district; and WHEREAS, the Santa Maria Municipal Code Chapter 8-15 requires Mendoza to pay the City a traffic mitigation fee as part of the building permit process; and WHEREAS, Section 8-15.06(g) of the Santa Maria Municipal Code allows qualifying commercial developments the ability to pay growth mitigation fees over a period of five years with City Council approval; and
WHEREAS, on January 16, 2024, at a regularly held meeting, the City Council approved Mendoza's request to defer payment of the traffic mitigation fees contingent on Mendoza entering into an agreement with the City.

NOW, THEREFORE, IT IS AGREED:

1. Recitals. The above recitals are true and incorporated herein.

2. Traffic Mitigation Fee. Judith Mendoza owes the City traffic mitigation fees for B23-0552 in the amount of $22,212.34.

3. Installments with Interest. Pursuant to Santa Maria Municipal Code Section 8-15.06(g), Judith Mendoza agrees to pay the total amount of its traffic mitigation fees in five equal installments, plus interest based on the average annual interest rate for the Local Agency Investment Fund, on or before the dates set forth below:

January 16th, 2024
January 16th, 2025
January 16th, 2026
January 16th, 2027
January 16th, 2028
1 Attachment A
Payment shall be made to the City of Santa Maria and presented to the Finance Department located at 206 East Cook Street, Santa Maria, CA 93454.

4. Security. Mendoza agrees to secure its obligation to pay traffic mitigation fees as set out in this Agreement by providing to City within ten days of the Effective Date and maintaining a security bond issued by a surety certified by the U.S. Treasury Department with a rating from AM Best Company of "A" or better on forms approved by the City in the amount of $22,212.34.

5. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the City and a representative of Acosta, listed below. All notices shall be addressed as follows unless a written change is filed with the City:

To City:

Brett Fulgoni
Director of Public Works
110 S. Pine Street, Suite 101
Santa Maria, CA 93458
To Mendoza:

Judith Mendoza
1954 South Broadway, Suite J
Santa Maria, CA 93454
If the designated Representative or address of either party changes during the term of this agreement, written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

6. Compliance With Laws, etc. Mendoza shall comply with all laws, including but not limited to the rules and policies of the City, in performing this Agreement.

7. Integration. 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.

8. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.

9. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this Agreement shall be in the County of Northern Santa Barbara, State of California.

10. Warranty of authority. Each person signing this Agreement on behalf of a party warrants that he or she has authority to do so.
2 Attachment A

11. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

12. Severability. The provisions of this Agreement are severable. If any part of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

13. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, and any judgment or decree rendered in such a proceeding shall include an award thereof.

IN WITNESS WHEREOF, this Agreement is executed by the parties on the date first written above.

Mendoza CITY OF SANTA MARIA
By: Judith Mendoza Brett Fulgoni
Director of Public Works

APPROVED AS TO FORM
Thomas T. Watson
City Attorney
3 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, APPROVING THE DEFERRAL OF TRAFFIC

GROWTH MITIGATION IMPACT FEES TO BE PAID OVER A FIVE-

YEAR PERIOD FOR THE JUST BOBA DEVELOPMENT, LOCATED
AT 1954 SOUTH BROADWAY.

WHEREAS, Judith Mendoza operates Just BOBA and leases property located at 1954 South Broadway, Suite J (APN 128-084-010) in the City of Santa Maria, California with a Building Permit (B23-0552) that requires payment of Growth Mitigation Impact fees prior to final occupancy of the development consistent with Section 8-15 of the Municipal Code; and
WHEREAS, Section 8-15.06(g) of the Santa Maria Municipal Code allows qualifying commercial developments the ability to pay Growth Mitigation Impact Fees over a period of five years with City Council approval.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The Agreement with Judith Mendoza for the deferral of Growth Mitigation Impact fees for a period of five -years is approved; and

2. The Faithful Performance Bond provided as security to ensure payment of Growth Mitigation Impact Fees for a period of five -years is accepted; and

3. All other applicable provisions and requirements of the Municipal Code pertaining to Growth Mitigation Impact Fees have been complied with; and

4. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 16th day of January 2024.

ATTEST:

Mayor
Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager

FOR THE COUNCIL MEETING OF JANUARY 16, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Director of Public Works Brett Fulgoni
SUBJECT: Adoption of a Resolution Establishing No Parking Zones on Bluebird Street
Description:

The City Council will consider approving the establishment of No Parking Zones on Bluebird Street to improve safety for drivers, as well as reduce vandalism and littering associated with vehicles that park on Bluebird Street
Environmental Notice: Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Adopt a Resolution establishing No Parking Zones on the northerly and southerly way of Bluebird Street, beginning at the northeast intersection of School Street and Bluebird Street to the northerly boundary of the Driftwood Gardens Neighborhood and east of the centerline of School Street continuing east, then continuing south to the northerly boundary of the Driftwood Gardens Neighborhood.

BACKGROUND:

Multiple residents from the Driftwood Gardens Neighborhood requested the establishment of a No Parking Zones on Bluebird Street between the northerly boundary of the Driftwood Gardens Neighborhood and School Street. The request is in response to an increase in vandalism and littering associated with vehicles that park on Bluebird Street. Additionally, the request is also due to safety issues that arise when oversized vehicles park on Bluebird Street and narrow the available travel lane, creating a dangerous situation for drivers.

DISCUSSION:

Per City Council Resolution No. 2061 and CAM 63-15, a Traffic Committee was formed to "be responsible for the review, approval or denial, and recommendations to City Council on all matters and requests relating to traffic circulation and safety within the public right-of-way". The Traffic Committee has reviewed the request for No Parking

Zones and recommends their establishment. The City Council has the authority to locate, establish, or eliminate No Parking Zones within the City.

The No Parking Zones recommended to be established is described as follows:

1. Bluebird Street, along the northerly right of way, beginning at the northeast intersection of School Street and Bluebird Street and extending 450 feet east then continuing south for 300 feet to the northerly boundary of the Driftwood Gardens Neighborhood.

2. Bluebird Street, along the southerly right of way, beginning at a point 60 feet east of the centerline of School Street continuing east for a length of 400 feet then continuing south for 260 feet to the northerly boundary of the Driftwood Gardens Neighborhood.

Alternative
The alternative to the recommended action would be to not approve the establishment of the No Parking Zones.

Fiscal Considerations
Establishing the No Parking Zone will require labor and materials to erect poles and mount signs. The posts and signs will need long-term maintenance as the signs fade, vehicular collisions, or vandalism occurs. Staff estimates it will cost the City $5,000 to install the signs. Account number 068-011-047-52-01 Alternative Transportation Enhancement will be used to cover these costs.

Impact to the Community
There are no anticipated impacts to the nearby commercial/industrial businesses as they have adequate onsite parking. The observed vehicles will no longer be allowed to park long-term.

ATTACHMENTS
A. Drawing_Proposed No Parking Zones to be Established on Bluebird Street 2 Attachment A

BARCELLUS AVE
S. SCHOOL ST
670 LF "NO PARKING ANYTIME"
300 LF "NO PARKING ANYTIME"
400 LF "NO PARKING ANYTIME"

BLUEBIRD ST
NO

PARKING
ANY
TIME
R26 (CA)
City of Santa Maria
Department of Public Works
110 South Pine Street
Santa Maria, CA 93458
Drawn By:

Luis A. Magallon
Approved By:

David Beas
Title
Proposed No Parking Zone
Bluebird Street
'Santa Maria
Drawing No.

TC-23-17
Scale: Sheep
NITS 1 of 1
All -America City

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, ESTABLISHING NO PARKING ZONES ON THE

NORTHERLY AND SOUTHERLY WAY OF BLUEBIRD STREET,

BEGINNING AT THE NORTHEAST INTERSECTION OF SCHOOL

STREET AND BLUEBIRD STREET TO THE NORTHERLY BOUNDARY

OF THE DRIFTWOOD GARDENS NEIGHBORHOOD AND EAST OF

THE CENTERLINE OF SCHOOL STREET CONTINUING EAST, THEN

CONTINUING SOUTH TO THE NORTHERLY BOUNDARY OF THE
DRIFTWOOD GARDENS NEIGHBORHOOD.

WHEREAS, it is in the best interest of the City of Santa Maria to establish No Parking Zones at certain locations within the City; and
WHEREAS, the City of Santa Maria Traffic Committee has reviewed and is recommending the establishment of a No Parking Zone at the location described below; NOW, THEREFORE, IT IS HEREBY RESOLVED that pursuant to Section 7-5.14 of the Santa Maria Municipal Code, No Parking Zones shall be established on the following street, incorporated herein by reference, at the following locations by the City Council of the City of Santa Maria, California, as follows:

BE IT FURTHER RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The foregoing shall constitute traffic regulations pursuant to ordinance.

2. All work is to be accomplished using the standards and methods approved by the Director of Public Works/City Engineer. This shall be in accordance with standard City specifications, and the provisions of this Resolution are to be carried out by erecting signs, painting marks and temporary markers and barricades required, and by such other indicators or devices as may be under provisions of the Vehicle Code of the State of California and regulations adopted pursuant thereto.

3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 16th day of January, 2024.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager

FOR THE COUNCIL MEETING OF JANUARY 16, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Director of Public Works Brett Fulgoni
SUBJECT: Adoption of a Resolution Establishing a No Stopping Zone on Concepcion Avenue
Description:

The City Council will consider approving the establishment of No Stopping Zone on Concepcion Avenue to improve safety for drivers.

RECOMMENDATION:

BACKGROUND:

Santa Maria resident, Mr. Jack Owen, requested staff review the intersection of Main Street and Concepcion Avenue for safety improvements because driver's line of sight is obstructed by vehicles parked too close to the intersection. Mr. Owen noted several near - misses that have occurred to him and others while turning from westbound Main Street onto Concepcion Avenue.

DISCUSSION:

Staff brought this request to the Traffic Committee. Per City Council Resolution No. 2061 and CAM 63-15, a Traffic Committee was formed to "be responsible for the review, approval or denial, and recommendations to City Council on all matters and requests relating to traffic circulation and safety within the public right-of-way". The Traffic Committee has reviewed the request for establishing the No Stopping Zone and recommends its establishment. The City Council has the authority to locate, establish, or eliminate No Stopping Zones within the City.

The No Stopping Zone recommended to be established is described as follows:

1. Concepcion Avenue, along the easterly curb face, beginning at the northeasterly intersection of Concepcion Avenue and Main Street continuing north for a length of 15 linear feet.

Alternative(s)
The alternative to the recommended action would be to not approve the establishment of the No Stopping Zone.

Fiscal Considerations
Establishing the No Stopping Zone will require labor and materials to paint the curb red.

The painted curb will need to be maintained in the future as the paint fades. Staff estimates it will cost the City $1,050 to install the red curb. Account number 068-011-047- 52-01 Alternative Transportation Enhancement will be used to cover these costs.

Impact to the Community
Approximately one parking space will be removed to prevent vehicles from obstructing a driver's line of sight when turning onto Concepcion Avenue. Residents of the neighborhood and employees of the adjacent businesses will still have adequate parking on Concepcion Avenue.

ATTACHMENTS
A. Drawing_Proposed No Stopping Zone to be Established on North Conception and Main Street 2 Attachment A

PROPOSED NSZ
City of Santa Maria
Department of Public Works
110 South Pine Street
Santa Maria, CA 93458
Drawn By:

Luis A. Magalion

EAST MAIN STREET
Title
Proposed No Stopping Zone
NEC North Concepcion & Main Street
Drawing No.

TC-23-20
Scale: Sheet:

NTS 1of1

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, ESTABLISHING A NO STOPPING ZONE ON

CONCEPCION AVENUE, ALONG THE EASTERLY CURB FACE,

BEGINNING AT THE NORTHEASTERLY INTERSECTION OF

CONCEPCION AVENUE AND MAIN STREET CONTINUING NORTH
FOR A LENGTH OF 15 LINEAR FEET
WHEREAS, it is in the best interest of the City of Santa Maria to establish No Stopping Zones at certain locations within the City; and WHEREAS, the City of Santa Maria Traffic Committee has reviewed and is recommending the establishment of a No Stopping Zone at the location described below; NOW, THEREFORE, IT IS HEREBY RESOLVED that pursuant to Section 7-5.16 of the Santa Maria Municipal Code, No Stopping Zones shall be established on the following streets, incorporated herein by reference, at the following locations by the City Council of the City of Santa Maria, California, as follows:

1. Concepcion Avenue, along the easterly curb face, beginning at the northeasterly intersection of Concepcion Avenue and Main Street continuing north for a length of 15 linear feet.

BE IT FURTHER RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The foregoing shall constitute traffic regulations pursuant to ordinance.

2. All work is to be accomplished using the standards and methods approved by the Director of Public Works/City Engineer. This shall be in accordance with standard City specifications, and the provisions of this resolution are to be carried out by erecting signs, painting marks and temporary markers and barricades required, and by such other indicators or devices as may be under provisions of the Vehicle Code of the State of California and regulations adopted pursuant thereto.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 16th day of January 2024.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager

FOR THE COUNCIL MEETING OF JANUARY 16, 2024

The City Council will consider approving the establishment of No Stopping Zones on Morrison Avenue to improve line of sight and school bus loading and unloading operations.

RECOMMENDATION:

BACKGROUND:

Santa Maria Joint Union High School Transportation Manager, Mr. Jerry Sitton, requested staff review the portion of West Morrison Avenue between South Pine Street and South Lincoln Street for a No Stopping Zone. Mr. Sitton's request is based on improving both line of sight and school bus loading and unloading operations at Santa Maria High School.

DISCUSSION:

Staff brought this request to the Traffic Committee. Per City Council Resolution No. 2061 and CAM 63-15, a Traffic Committee was formed to "be responsible for the review, approval or denial, and recommendations to City Council on all matters and requests relating to traffic circulation and safety within the public right-of-way". The Traffic Committee has reviewed and approved the request for establishing a No Stopping Zones to improve both line of sight and school bus loading and unloading operations. The City Council has the authority to locate, establish, or eliminate No Stopping Zones within the City.

The No Stopping Zones recommended to be established is described as follows:

1. West Morrison Avenue, along the southerly curb face, beginning at the westerly curb return of the western driveway continuing west for a length of 20 linear feet.

2. West Morrison Avenue, along the southerly curb face, beginning at the easterly curb return of the western driveway continuing east for a length of 289 linear feet.

3. West Morrison Avenue, along the southerly curb face, beginning at the easterly curb return of the eastern driveway continuing east for a length of 20 linear feet.

Alternative
The alternative to the recommended action would be to not approve the establishment of the No Stopping Zones
Environmental Review
Delete if no additional details are necessary or provide additional details here for a CEQA Project.

Fiscal Considerations
Establishing the No Stopping Zones will require labor and materials to paint the curb red.

The painted curb will need to be maintained in the future as the paint fades. Staff estimates it will cost the City $3,000 to install the red curb. Account number 068-011-047- 52-01 Alternative Transportation Enhancement will be used to cover these costs.

Impact to the Community
Approximately 16 additional parking spaces will be removed to prevent vehicles from obstructing school bus operations and line of sight. Residents of the neighborhood and employees of the adjacent businesses will still have adequate parking in the vicinity of the proposed No Stopping Zones.

ATTACHMENTS
A. Drawing_Proposed No Stopping Zone to be Established on Morrison Avenue 2 Attachment A
W. Morri_son Ave
289
City of Santa Maria
Department of Public Works
110 South Pine Street
Santa Maria, CA 93458
Drawn By:

Luis A. Magallon
Approved By:

David Beas
Title
Proposed No Stopping Zone
Morrison Avenue
Drawing No.

TC-23-24
Scale: Sheet
NTS 1 of 1
All -America City

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, ESTABLISHING A NO STOPPING ZONES ON

MORRISON AVENUE ALONG THE SOUTHERLY CURB FACE,

BEGINNING AT THE WESTERLY CURB RETURN OF THE WESTERN

DRIVEWAY CONTINUING WEST, AND BEGINNING AT THE

EASTERLY CURB RETURN OF THE WESTERN AND EASTERN
DRIVEWAY CONTINUING EAST.

WHEREAS, it is in the best interest of the City of Santa Maria to establish No Stopping Zones at certain locations within the City; and WHEREAS, the City of Santa Maria Traffic Committee has reviewed and is recommending the establishment of No Stopping Zones at the locations described below; NOW, THEREFORE, IT IS HEREBY RESOLVED that pursuant to Section 7-5.16 of the Santa Maria Municipal Code, No Stopping Zones shall be established on the following streets, incorporated herein by reference, at the following locations by the City Council of the City of Santa Maria, California, as follows:

1. West Morrison Avenue, along the southerly curb face, beginning at the westerly curb return of the western driveway continuing west for a length of 20 linear feet.

2. West Morrison Avenue, along the southerly curb face, beginning at the easterly curb return of the western driveway continuing east for a length of 289 linear feet.

3. West Morrison Avenue, along the southerly curb face, beginning at the easterly curb return of the eastern driveway continuing east for a length of 20 linear feet.

BE IT FURTHER RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The foregoing shall constitute traffic regulations pursuant to ordinance.

2. All work is to be accomplished using the standards and methods approved by the Director of Public Works/City Engineer. This shall be in accordance with standard City specifications, and the provisions of this resolution are to be carried out by erecting signs, painting marks and temporary markers and barricades required, and by such other indicators or devices as may be under provisions of the Vehicle Code of the State of California and regulations adopted pursuant thereto.

with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 16th day of January 2024.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager

FOR THE COUNCIL MEETING OF JANUARY 16, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Interim Recreation and Parks Director Angela Oslund SUBJECT: Adoption of a Resolution for the Annexation and Assessment of the Maxco Packaging Warehouse Project into the Southwest Landscape Maintenance District
Description:

The City Council will consider approving the resolution annexing and assessing Maxco Packaging Warehouse Projects in to the Southwest Landscape Maintenance District Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATIONS:

Adopt a Resolution for the annexation and assessment for the Maxco Packaging Warehouse projects that are within the respective Southwest Landscape Maintenance Districts.

BACKGROUND:

The City of Santa Maria has conditioned Maxco Packaging Warehouse, PD2021-0007; for the ongoing maintenance of landscape facilities served by the Southwest Landscape Maintenance Districts under the provision of the "Landscape and Lighting Act of 1972" for the purpose of levying and collecting assessments for perpetual landscape maintenance.

DISCUSSION:

At the City Council meeting of January 16th, 2024, the City Council adopted a Resolution initiating the proceedings to establish and levy the 2024-25 Landscape Maintenance District Assessments for the ongoing maintenance of landscape facilities served by the Southwest Landscape Maintenance District.

This item directs staff to add these assessments for Maxco Packaging Warehouse to the Southwest Landscape Maintenance Districts on the County of Santa Barbara Property Tax Roll.

Alternative(s)
Evaluate the option of not annexing Maxco Packaging Warehouse projects into the Southwest Landscape Maintenance Districts, recognizing that this decision would entail an increased financial responsibility for landscaping expenses on the part of the General Fund.

Fiscal Considerations
The annual costs of landscape maintenance are assessed against the benefited properties within said Districts. These assessments are reflective of the cost associated with the upkeep of public landscaping within these Districts.

Impact to the Community
These annexations and assessments provide for the maintenance of landscaping in perpetuity. The assessments generate a funding base to help finance most of the landscape maintenance costs within each of the respective districts named in this report, which in turn allows the City of Santa Maria to provide the highest level of service to residents.

ATTACHMENTS
A: Petition Requesting Annexation
2 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, ANNEXING AND AUTHORIZING THE

ASSESSMENT OF LANDSCAPE MAINTENANCE FEES TO MAXCO

PACKAGING WAREHOUSE PROJECT LOCATED IN THE SOUTHWEST

LANDSCAPE MAINTENANCE DISTRICT (STREETS AND HIGHWAYS
CODE SECTION 22500, ET SEQ.)
WHEREAS, on May 2, 1989, the City Council of the City of Santa Maria, pursuant to the provisions of the Landscaping and Lighting Act of 1972 by Resolution No. 89-50, authorized the formation of the Southwest Landscape Maintenance District ("District"); and
WHEREAS, the developers/owners of the new residential or commercial property occurring within said District are based on the costs of providing services and building sufficient reserves to meet future costs; and
WHEREAS, a Petition Requesting Annexation into the Southwest Landscape Maintenance District was signed by the owner(s) of the following Property and the associated Assessor's Parcel Numbers provided to identify it as follows:

Maxco Packaging Warehouse, PD2021-0007 APN 117-820-015
WHEREAS, pursuant to law, the owner(s) waived the right to protest reports, and to any notice and hearing to which s/he may be entitled; and WHEREAS, the petition operates as a ballot in favor of the annexation of the Property in said District; and
WHEREAS, at the City Council meeting of June 20th, 2023, the City Council adopted a Resolution initiating the proceedings to levy an assessment to the Property within the District; and
WHEREAS, it is the intention of the City Council of the City of Santa Maria to annex the Property into the District and collect assessments according to the provisions of the Petition and District.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria California, as follows:

1. That the above recitals are true and correct.

2. The Petition requesting annexation and its associated vicinity map for annexation of the Property into the Southwest Landscape Maintenance District is confirmed and attached hereto as Exhibit A.

3. That the Property is ordered annexed and made part of the Southwest Landscape Maintenance District, according to the terms and conditions in the Petition and District.

4. It is hereby ordered that the Property be assessed as part of the District, with the assessment to be annually updated and adjusted according to the Consumer Price Index.

5. Staff is authorized and directed to take all necessary steps to complete these proceedings and collect the assessment.

6. The assessment for the 2024-2025 Fiscal Year for the following Property shall be $531.88 for commercial per APN or tenant space:

Maxco Packaging Warehouse, PD2021-0007 APN 117-820-015

7. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, held this 16th day of January 2024.

Mayor
ATTEST:

APPROVED AS TO FORM:

Chief Deputy City Clerk
Exhibit A: Petitions & Vicinity Map
2 City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager

PETITION REQUESTING ANNEXATION INTO

CITY OF SANTA MARIA SOUTHWEST

LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
Summary Proceedings to Establish Annexation
Following 100% Property Owner Petition
WHEREAS, on May 2, 1989, the City Council of City adopted Resolution No. 89- 50 confirming the creation of the Southwest Landscape Maintenance District (hereinafter "Assessment District") based upon the approved Engineer's Report; and WHEREAS, the undersigned owner(s) of the real property located in the City of Santa Maria, County of Santa Barbara, State of California commonly known as Assessor Parcel Number (hereinafter "APN") 117-820-015 has applied to City of Santa Maria (hereinafter "City") for approval of the project known as Maxco Packaging Facility (hereinafter "Project Property") and located in the Assessment District as described in the Attachment "A" attached hereto and by this reference incorporated herein; and WHEREAS, a Planned Development PD2021-0007 was granted, approving the Project Property. The Planned Development Permit imposed a condition requiring the owner(s) of the Project Property to be annexed into the Assessment District by completing a Petition Requesting Annexation into City of Santa Maria Landscape and Lighting Assessment District (hereinafter "Petition") for the maintenance of certain common landscaping; and
WHEREAS, the undersigned owner(s) hereby request(s) the City Council of the City to annex the Project Property into the Assessment District to provide a means for funding the annual cost of maintaining certain public improvements which are of special benefit to the Project Property, and each and every parcel or lot within the Assessment District; and
WHEREAS, on July 18th, 2023, the City Council of City adopted Resolution No. 2023-110 authorizing the levying of the assessments for fiscal year 2023-2024 for the Assessment District based upon a revised Engineer's Report adopted by said resolution; and
WHEREAS, such annexation into Assessment District would result in an annual assessment being levied against the Project Property in an amount sufficient to fund the maintenance of such public improvements; and
WHEREAS, the undersigned owner(s) agree(s) to the imposition of assessments for the Project Property, and its inclusion in, the Assessment District as hereinafter provided; and

ATTACHMENT A

WHEREAS, the undersigned owner(s) waive(s) the right to have the annexation initiated, conducted, and completed pursuant to the procedures set forth in Streets & Highways Code Sections 22585 et seq. and/or Section 4 of Article XII of the California Constitution for the formation of assessment districts; and specifically waive(s) its/their right for the resolutions, report, notices of hearing, and right of majority protest provided for in said procedures.

NOW, THEREFORE, by this Petition, the undersigned owner(s) request(s) the City Council of the City to annex the Project Property into an Assessment District for the purpose of levying an annual assessment against the Property and each lot or parcel therein in the amount, for that purpose, and subject to the terms and conditions set forth herein.

1. Purpose of the Annual Assessment. The annual assessment to be levied against the Project Property and each lot or parcel to be created therein shall be used exclusively for the purpose of funding the annual costs of maintaining public improvements described hereto in the Attachment "B" (hereinafter "Description of Work"). The undersigned owner(s) agree(s) that such public improvements, and the operation and maintenance of the same, are of special benefit to the Project Property and each lot or parcel to be created therein. The undersigned owner(s) acknowledge(s) that said Description of Work is part of the Engineer's Report attached to the above -referenced Resolution No. 2023-110 and is hereby incorporated herein by this reference.

2. Amount of the Annual Assessment. The annual assessment to be levied against the Project Property to fund operation and maintenance of the Description of Work shall initially be the current Commercial Assessment District amount of $531.88 PER APN OR TENANT SPACE. Such annual assessment shall be levied against the Project Property during each City fiscal year that the Assessment District remains in effect, effective immediately. The undersigned owner(s) agree(s) that the amount of the annual assessment set forth does not exceed the cost of operating and maintaining the Description of Work.

3. CPI Adjustment in the Amount of the Annual Assessment. Commencing with the first City fiscal year in which an assessment is levied against the Project Property to fund operation and maintenance of the Assessment District improvements, and in each fiscal year thereafter that the Assessment District remains in effect, the annual assessment to be levied against the Project Property shall be increased in an amount necessary to reflect the increase in the cost of operating and maintaining the Assessment District Improvements due to inflation. The determination of whether there has been an increase in the cost of operating and maintaining the Assessment District improvements and the amount of the increase in the annual assessment, which is proportional to the increase in such costs, shall be based exclusively on the percentage increase in the consumer price index published by the Federal Bureau of Labor Statistics for all Urban Consumers — U.S. Cities Average (all items) or any other measure employed by the Federal Bureau of Labor Statistics in lieu of such consumer price index that measures the cost of living in U.S. cities. The undersigned owner(s) agree(s) that the foregoing consumer price index most accurately reflects the likely annual increase in the cost

of operating and maintaining the Assessment District improvements due to inflationary factors.

4. Credits against the Annual Assessment. If, in any fiscal year in which an assessment is levied against the Project Property to operate and maintain the Description of Work, the amount of such assessment is greater than the actual cost of operating and maintaining the Description of Work, the difference between the assessment and the actual cost of operating and maintaining the Description of Work shall be credited against the assessment levied against the Project Property during the next succeeding fiscal year. As a result, the assessment levied against the Project Property during such next succeeding fiscal year will be reduced during that fiscal year, and that fiscal year only, by an amount equal to the amount of such credit.

5. Apportionment of Annual Assessments among Subdivision Lots, Parcels or Tenant Spaces. At such time as the Project Property is subdivided into lots, parcels and/or tenant spaces by reason of recordation of a final subdivision map or final parcel map, the assessment to be levied against the lots, parcels and/or tenant spaces shall be apportioned among the resulting lots, tenant spaces or parcels in accordance with the Engineer's Report for the fiscal year in which the lots, parcels and/or tenant spaces were subdivided and recorded by a final subdivision map or final parcel map. The undersigned owner(s) agree(s) that the net amount assessed in the Engineer's Report fairly distributes the net amount among all assessable lots, parcels and/or tenant spaces in proportion to the estimated benefits received by each such lot, parcel, and/or tenant space from the improvements described in Attachment B. The amount of the assessments shall be in accordance with the original Resolution (89-50) which provided for annual increases based upon the consumer price index referenced in paragraph 4 above.

6. Duration of the Annual Assessment. The annual assessment to be levied against the Project Property and each lot, tenant space, or parcel created therein to operate and maintain the Description of Work shall commence immediately and shall continue thereafter until such time as the City Council shall determine to abolish the Assessment District.
7 Waiver of Notice and Assessment District Protest Hearing. For purposes of annexation, under this Petition, and for no other purpose, the undersigned owner(s) hereby agree(s) to waive and forego the protest hearing (and notice of the date, time, and place of any protest hearing) on the Assessment District or the annexation of the Project Property into Assessment District, including, but not limited to, any such hearing or notice provided for by provisions of Streets & Highways Code Sections 22585 et seq., Government Code Sections 53750 et seq. and/or Section 4 of Article XI II C of the California Constitution.

8. Ballot in Favor of Assessment District. The undersigned owner(s) execute(s) this Petition both as the Petition for annexation into Assessment District, and as the ballot in favor of such Assessment District. In addition, the undersigned owner(s) hereby authorize(s) the Chief Deputy City Clerk to file this Petition as the undersigned owner'(s') ballot in favor of the Assessment District and the

annexation of the Project Property into Assessment District by recording a City Council resolution with the undersigned owner'(s') Petition attached thereto accepting said Petition of annexation into the Assessment District.

9. Proposition 218. The Project Property is/are subject to the provisions of Proposition 218.

10. Termination of Landscape Maintenance District. In the event the Assessment District operations cease through legislative or legal action, the undersigned owner(s) shall cooperate with the City to establish another funding mechanism to provide the landscaping maintenance contemplated by this Petition. In the event the undersigned owner(s) and City cannot establish such a mechanism as a result of legislative or legal action, the properties that front on the landscaping to be maintained shall be responsible for said maintenance at their sole cost and expense.

IN WITNESS WHEREOF, the undersigned owner(s) has/have executed this Petition at the City of Santa Maria, California, this 2/ day of Ai 1 11 Ei 20 Z7 .

Name:

Title:
(SIGN BEFORE NOTARY PUBLIC)

CALIFORNIA ALL-PURPOSE

CERTIFICATE OF ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
) ss.

County of \\{"
? l' 2 o23 before me, \---` '0\ U. n. Co. C9a vwt Z , Notary Public, personally Q • G``^ -
On
appeared
, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

YOLANDA GOMEZ

NOTARY PUBLIC - CALIFORNIA
COMMISSION # 2486062

FRESNO COUNTY
My OOmm, E1tp. 001060? 1, IOU
Place Notary Seal Here

STOWELL
1400

ATTACHMENT A

VICINITY MAP
Maxco Packaging Facility
PD2021-0007
APN 117-820-015
$531.88 PER APN OR TENANT SPACE

FUNDING ANNUAL COST OF MAINTAINING PUBLIC IMPROVEMENTS
The improvements to be maintained in this Assessment District include all medians, roundabouts, parkways and/or street trees in the public right-of-way of residential areas, landscaped storm water retardation basins within residential subdivisions, landscaped medians or roundabouts in the public right-of-way within commercial areas, easements, street trees and graffiti removal.

Landscape maintenance shall include, but not be limited to, watering, fertilizing, mowing, weed control, shrubbery, tree removal and pruning, removal and replacement of dead growth, maintenance of irrigation facilities, and other necessary work. Reference is made to the plans and specifications currently on file at the City Engineer's office relating to the design, recommended materials and level of maintenance concerning the facilities to be maintained. The plans also show plant species, size and their locations.

ATTACHMENT B
Maxco Packaging Facility
PD2021-0007

FOR THE COUNCIL MEETING OF JANUARY 16, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Director of Utilities Shad S. Springer
SUBJECT: Adopt a Resolution Authorizing Use of California Department of Resources Recycling and Recovery Local Assistance Grant Funds Used for Reimbursement of Food Recovery -Related Equipment Purchases by Eligible Food Recovery Organizations in Santa Maria Description:

The City Council will consider authorizing the use of grant funding from California's Department of Resources Recycling and Recovery Local Assistance Grant received in 2022 to reimburse the cost of food recovery -related equipment purchases by eligible food recovery organizations within the City of Santa Maria.

RECOMMENDATION:

BACKGROUND:

The Utilities Department provides integrated waste management services on behalf of the City of Santa Maria (City). This includes municipal solid waste, recyclables, and organic waste collection services for residential and commercial customers, operating the Santa Maria Regional Landfill (SMRL) at 2065 East Main Street, planning for the design, permitting, construction, and operations of the future Integrated Waste Management Facility (IWMF) at Los Flores, and the implementation of solid waste recycling programs.

On January 4, 2022, the City Council adopted Ordinance No. 2021-10 adding Chapter 8- 21 to Title 8 of the Santa Maria Municipal Code regulating mandatory organic waste disposal reduction as required by California Senate Bill 1383 (SB 1383), the Short -Lived Climate Pollutant Act.

Under SB 1383, the City is required to develop an Edible Food Recovery (EFR) Program to aid in the statewide goal of recovering 20 percent of the edible food that is currently disposed of by 2025. To meet the mandated statewide goal, the law requires each jurisdiction to establish and monitor a robust food recovery program, to strengthen relationships between commercial edible food generators (CEFGs) and food recovery organizations (FROs) within local communities. It also requires certain CEFGs to send FROs the maximum amount of edible food they would otherwise dispose of.

Entity Type
FROs Food Recovery
Organizations
CEFG- Commercial Edible
Tier 1 Food Generators
CEFG- Commercial Edible
Tier 2 Food Generators
Description
Organizations that take part in the recovery and public distribution of edible food
Supermarkets and grocery stores, wholesale food
vendors, food service providers, and food distributors
Date to begin donating excess food: January 1, 2022
Public schools, hotels, large restaurants, health
facilities, and large venues
Date to begin donating excess food: January 1, 2024
SB 1383 placed the CEFGs into two tiers to allow businesses and jurisdictions time to expand or build new food recovery infrastructure - and capacity - to donate foods that are harder to safely store and distribute.

As part of the City's EFR Program, the City was required to identify all local FROs and CEFGs. The Utilities Department conducted meetings with FROs located within Santa Maria city limits. The objective of each meeting was to determine how to increase EFR capacity and to identify opportunities to improve EFR efforts.

Based on those meetings, it was determined that four of the six identified FROs required resources and equipment to increase capacity and improve EFR efforts. The types of equipment requested by FROs included: commercial refrigerators and freezers; a vacuum sealer for preserving food; food transportation supplies such as insulated bags, thermal blankets, utility carts, and electric pallet jacks; digital floor scales; and food thermometers.

DISCUSSION:

In May 2022, the California Department of Resources Recycling and Recovery (CalRecycle) awarded the City a Local Assistance Grant of $152,451 to assist with SB 1383 program implementation. Eligible costs include reimbursing FROs for eligible EFR equipment and indirect costs such as administrative costs directly associated with the grant. The Utilities Department proposes to use the grant funding to reimburse equipment purchases by FROs to help increase both capacity and recovery efforts.

To use the grant funding in this manner, CalRecycle requires the City and each FRO to enter into a service agreement for the equipment purchases. Staff and CalRecycle will work to develop a service agreement that meets this requirement. FROs will be required 2 to provide proof of purchase and confirmation of equipment installation. Upon verification by the Utilities Department, the City will reimburse FROs for the equipment costs.

As part of the EFR program, the Utilities Department will also conduct annual audits in conjunction with the annual FRO inspections, as required by SB 1383, to verify that the equipment is being used and maintained in accordance with the service agreement.

Eligibility requirements to request a service agreement are:

1. FROs must be located within the City limits,

2. FROs must have sufficient space and a reasonable need for additional equipment, and

3. FROs must be in compliance with the submission of annual reports to the City as required under SB 1383.

Currently, the following four FROs meet the above eligibility requirements to receive funding reimbursement under the proposed program:

1. Catholic Charities

2. Central Coast Rescue Mission

3. Good Samaritan

4. Salvation Army
Fiscal Considerations
This program will be funded through the Local Assistance Grant awarded by CalRecycle to the City in May 2022. It is estimated that approximately $141,000 will be used to reimburse FROs for EFR equipment, leaving approximately $11,451 for City staff labor costs related to managing the reimbursements.

The City will not incur any maintenance, installation, or utility costs related to the reimbursement of the EFR equipment.

Alternative(s)
The City Council may direct staff not to utilize the grant funding in this manner and instead identify other uses for the funding. Staff recommends partnering with local agencies to meet the needs of the community by using the funding as proposed.

Impact to the City
Reimbursing FROs for the cost of EFR equipment will directly increase the City's EFR capacity by assisting FROs with expanding their infrastructure and reducing the disposal of edible food. Additionally, improving the City's EFR program will aid the City in maintaining compliance with SB 1383 requirements through the use of grant funds.

Impact to the Community
Increasing the EFR capacity of local FROs will enable more edible food to be recovered and provided to residents in need in Santa Maria.
3 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,

CALIFORNIA, AUTHORIZING THE USE OF CALIFORNIA DEPARTMENT

OF RESOURCES RECYCLING AND RECOVERY LOCAL ASSISTANCE GRANT

FUNDS AWARDED TO THE CITY OF SANTA MARIA

TO BE USED FOR THE REIMBURSEMENT OF FOOD RECOVERY -RELATED

EQUIPMENT PURCHASES BY ELIGIBLE FOOD RECOVERY ORGANIZATIONS

WITHIN THE CITY OF SANTA MARIA
WHEREAS, on January 4, 2022, the City Council adopted Ordinance No. 2021-10 adding Chapter 8-21 to Title 8 of the Santa Maria Municipal Code regulating mandatory organic waste disposal reduction as required by California Senate Bill 1383 ("SB 1383"), the Short -Lived Climate Pollutant Act; and
WHEREAS, under SB 1383, the City of Santa Maria is required to develop an edible food recovery program to increase edible food recovery capacity and improve edible food recovery efforts in the community; and
WHEREAS, in May 2022, the California Department of Resources Recycling and Recovery (CalRecycle) awarded the City of Santa Maria a Local Assistance Grant in the amount of $152,451 to assist with SB 1383 program implementation; and WHEREAS, to increase edible food recovery capacity and improve edible food recovery efforts in the community, the City of Santa Maria intends to use the CalRecycle Local Assistance Grant funding to provide reimbursement of food recovery -related equipment purchases by eligible food recovery organizations.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. Authorize the City Manager or designee to utilize CalRecycle Local Assistance Grant funding to reimburse food recovery -related equipment purchases by eligible food recovery organizations within the City of Santa Maria and to enter into the required service agreements with those organizations; and

2. Authorize the Chief Deputy City Clerk to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 16th day of January 2024.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager

FOR THE COUNCIL MEETING OF JANUARY 16, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Interim Assistant City Manager / Director of Community Development Chuen Wu
SUBJECT: Adoption of a Resolution to Amend the Santa Maria Airport Business Park Specific Plan; Introduction of an Ordinance to Amend the Santa Maria Airport Business Park Specific Plan; Adoption of a Resolution Approving Planned Development Permit 2022-0017
Description:

The City Council will consider approving: 1) an Amendment to the Santa Maria Airport Business Park Specific Plan (SPZ2022-0001) to amend the uses of the Planned Development/Light Industrial/Public Facilities - Airport (PD/LI/PF-A) district, and to modify the Foxenwood Lane roadway design; and 2) a Planned Development Permit (PD2022- 0017) for a 101,450 -square -foot Mini -Warehouse Facility on a five -acre site within a PD/M-1/PF-A (Planned Development/Light Manufacturing/Public Facilities) Zone District of the Santa Maria Airport Business Park Specific Plan.

RECOMMENDATIONS:

1. Adopt a Resolution for General Plan consistency to amend the Santa Maria Airport Business Park Specific Plan to add "Heavy Retail Business" as a permitted land use in the Planned Development/Light Industrial/Public Facilities - Airport (PD/LI/PF-A) zone district, and to modify the Foxenwood Lane roadway design; and

3. Adopt a resolution approving a Planned Development Permit (PD2022-0017) for a 101,450 -square -foot Mini -Warehouse Facility on a five acre site within a PD/M- 1/PF-A (Planned Development/Light Manufacturing/Public Facilities) Zone District of the Santa Maria Airport Business Park Specific Plan.

BACKGROUND:

The project site is located within the Santa Maria Airport Business Park Specific Plan area which includes the south and southeast areas of the Airport District lands bounded on the north by Skyway Drive with Orcutt Expressway/Highway 135 as the eastern boundary.

Union Valley Parkway is to the south, with the western boundary approximately 1/2 mile to the west of Blosser Road (Attachment A — Vicinity Map).

The Specific Plan proposes approximately 740 -acres of the total 2,598 -acre airport district lands for business park development consisting of light industrial, research, manufacturing, and commercial land uses with nearly 70 percent of the planning area to be reserved in passive and active open space. The Specific Plan also includes its own Airport -oriented zoning designations, each with development standards and lists of permitted, prohibited, and conditional uses unique from those found in Santa Maria Municipal Code Title 12 (Zoning Code).

In 2021, the City Council approved an amendment to a 28 -acre area of the Specific Plan located east of Union Valley Parkway and north of Highway 135. This amendment created new zoning categories, including the Planned Development/Light Industrial/Public Facilities - Airport (PD/M-1/PF-A) zone, which was exclusively applied to an 8.4 -acre area on the southern portion of the parcel west of Foxenwood Lane. This 8.4 acre -area is the subject site for this current proposed Specific Plan Amendment and Planned Development Permit application. The intent of this zone is to provide opportunities to develop compatible light industrial and community facility uses identified as either permitted or conditional uses within this zone.

Planning Commission:

The Planning Commission received a presentation on this project at the Study Session held on October 19, 2023. At their December 6, 2023, public hearing, the Planning Commission unanimously recommended the Council by resolution, approve the proposed Specific Plan Amendment and Planned Development Permit applications.

DISCUSSION:

Specific Plan Additional Land Use — Heavy Retail Business To allow for additional permitted types of retail uses, the applicant is requesting to add "Heavy Retail Business" as a permitted use in the 8.4 -acre area of the Specific Plan zoned PD/M-1/PF-A. The proposed definition for the Specific Plan's Heavy Retail Business use is as follows:

The retail sale of large and/or bulk goods such as lumber, building equipment and supplies, landscape plants and materials, or other related home -improvement and garden materials and other similarly themed sundries. Ancillary uses to the primary "Heavy Retail Business" may include such uses as consumer level home - improvement oriented tool rental, sales, and servicing, small `consumer' tractor and equipment sales, or other uses consistent with and ancillary to the main Heavy Retail 2 Business. Ancillary screened outdoor public sales yards may be incorporated for marketing of items consistent with the Heavy Retail Business.

The proposed amendment also specifies that the Specific Plan's "Heavy Retail Business" land uses differ from other more intensive wholesale and production facility uses due to their target market being the homeowner and not the professional contractor or the trades.

The full PD/M-1/PF-A zone text with proposed modifications shown in red underline is provided as Attachment B. This type of use would be comparable in intensity to many of the permitted uses in the current text of the Specific Plan, such as `Equipment rental and/or service', or `Recreational vehicle and trailer sales and storage'. The use will be less intense than some of the currently permitted uses such as `Warehousing and wholesale distributors', `Manufacturing, processing, and packaging of pharmaceuticals and drugs', `Printing, publishing, and allied industries', or `water and wastewater treatment plants, substations and other public service facilities of a similar nature'.

The Planned Development Permit application for the mini -warehouse facility discussed later in this report proposes to develop approximately five acres of the 8.4 -acre PD/M-1/PF- A zone, and if approved, approximately three acres would remain for future uses in the zone. Those future projects would be reviewed for consistency with the Specific Plan's PD/M-1/PF-A zone designation, and the Specific Plan's development policies and design standards, as well as the environmental mitigations from the certified SEIR. Development of this site would also require the review and approval of grading and public improvement plans, storm water control plans, building permits, and other related City permits and approvals.

Revised Foxenwood Lane Street Section
The application also includes a request to amend the Specific Plan to replace the approved Foxenwood Lane street section between Foster Road and the Union Valley Parkway with a modified design. Section drawings of the existing industrial standard street section and proposed revised design are provided as Attachment C.

The roadway will continue to include north and south single travel lanes, on street bike lanes, and off-street multi -purpose trails. However, the current design's 102 -foot right-of- way width will be reduced to an 82 -foot -wide right-of-way through modified dimensions for the various road elements.

The reduction is achieved by reducing the width of the travel lanes and on -street bike lanes and replacing the median with a narrower central turning lane. Behind the curb, each side of the right-of-way will have a 10 -foot -wide landscaped parkway, and an 8 -foot -wide Multi -use -II path. A 10 -foot wide Public Utility and Street tree planting easement is located behind the path on each side of the street, outside the right of way. Future buildings are required to be set back a minimum of 30 feet from the property line, which is aligned with the back edge of the multi -use path.

The design of the new section has been extensively reviewed by Public Works Engineering staff and the Fire Department, who both support the proposed design as meeting all 3 necessary standards. The modified section is proposed to better serve future development on both sides of Foxenwood Lane, particularly the future retail and office development on the east, by including multimodal features that accommodate both vehicles, bicyclists, and pedestrians. Additionally, the narrower paved right -of way section will reduce the City's long-term maintenance costs compared to the original street design.

Planned Development Permit
The applicant is proposing an approximately 101,450 -square -foot mini -warehouse facility located on approximately five acres within the PD/M-1/PF-A zone. Twelve buildings will incorporate 704 storage units and a 1,450 square -foot office at the entry to the facility. The units will range from 25 -square -feet to 360 -square -feet, with the majority being 100 to 200 - square -feet in size.

The facility would be accessed from Foxenwood Lane, with five prospective customer parking spaces and a `turn -around" provided before the front entry gate. Other than this entry area, the site will be enclosed with seven -foot -tall decorative wrought iron fencing and the perimeter buildings. The Fire Department has reviewed and supports the interior drive aisles design, which incorporates a 29.5 -foot wide outer aisle to accommodate fire apparatus, allowing adequate fire access to all units.

The proposed design conforms to the Specific Plan design requirements by using overlapping building forms varying parapet heights and incorporating tower -like elements all to create visual interest on all public facing sides of the structure by avoiding long expanses of blank uninterrupted walls.

The building exteriors will consist of architectural metal panels with galvalume metal trim, and anodized aluminum color storefront and window trim. The office and entry area will incorporate awning features and a masonry wainscot at the building base. Upper -level windows at both the entry and the tower element at the project's southeast corner provide views of areas designed to appear as hallways and unit doors, but which are actually inaccessible faux architectural elements to add interest and articulation. The tallest building heights are 25 -feet, with the lowest portions at 12 -feet height.

The applicant provides more than the minimum 15 percent landscape area required by the Specific Plan. Proposed landscaping would be located at the Foxenwood Lane entrance, along the Union Valley Parkway frontage, and along the east perimeter of the facility to help reduce views of the storage buildings and serve as a buffer to the future development on the remaining 3 -acres of PD/M-1/PF-A zoned property. The facility will be open 7 days a week, with office hours Monday through Saturday, 8:00 am to 6:00 pm, and Sunday 10:00 am to 4:00 pm. The office will include daily facility management and offer moving supplies such as boxes, moving blankets and tarps, tape, tiedowns, labels, and dollies. Gated access will be operational for clients between 6:00 am — 9:00 pm every day.

Rather than incorporate a residential caretaker unit which is discouraged on Airport property by the Federal Aviation Administration, this facility will rely on security technology for off -hour monitoring, including a security code for the gate, security sensors at 4 perimeter access points, exterior lighting, and complete exterior video monitoring by employees in the office and a remote monitoring firm afterhours.

In addition to the five customer parking spaces required adjacent to the office, the Municipal Code requires one parking space for every ten storage cubicles, provided as loading zones dispersed throughout the complex. With 704 storage units proposed, 71 parking spaces are required. Through the Planned Development Permit, reduced parking requirements may be approved on a case -by -case basis to allow flexibility for development in order to achieve superior design and community benefit.

The applicant is requesting a reduction citing trip generation rates for mini warehouse development from the Institute of Traffic Engineers. Based on that data and the size of this facility, as few as 11 parking spaces would be sufficient to serve the anticipated number of customers during the busiest times of day. The project proposes to provide 47 spaces (or one space for every 15 units) for the benefit and convenience of their future customers. The Planning Commission and staff support this proposed reduction, as it is similar to reductions approved for other recent mini -warehouse projects in the City, where there have been no reports of parking problems. The Planned Development Permit is provided as Attachment D of this report, with the concept plans provided as Attachment E.

Alternative(s)
The Council may act on each of the two Specific Plan Amendment components and the Planned Development Permit independently, as neither is dependent on approval of the other.

Environmental Review
A Supplemental Environmental Impact Report (SEIR) had been certified for the 2021 Specific Plan amendment, as a supplement to the Programmatic EIR (State Clearinghouse [SCH] No. 2005051172) certified by the City in June 2007 for the Santa Maria Airport Business Park Specific Plan. Considering the adequacy of the previously adopted SEIR, staff has concluded that in accordance with the provisions of CEQA section 15162 the project was adequately covered in the previously adopted Supplemental Environmental Impact Report (SCH# 202007005) and no further environmental review is necessary.

Fiscal Considerations
If approved, the additional land use proposed through the specific plan amendment has the potential to lead to a bulk retail development with increased sales tax revenue for the City. The proposed street section amendment would narrow (thereby reduce) the improvements, reducing maintenance costs to the City. The Planned Development Permit approval would allow the development of the mini -warehouse facility, and upon its completion, the collection of taxes.

Impact to the Community
5 The Specific Plan Amendments and Planned Development Permit will facilitate the first development under the Santa Maria Airport Business Park Specific Plan, in a location that will serve both the southern Santa Maria and Orcutt community areas.

ATTACHMENTS
A — Vicinity Map
B — Specific Plan PD/M-1/PF-A Zone Text Amendments
C — Foxenwood Lane Street Sections
D — Planned Development Permit — PD2022-0017
E — Planned Development Permit Plan Set
6 PROJECT SITE
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VICINITY MAP

ATTACHMENT A

Proposed Text Amendment to the Santa Maria Airport
Business Park Specific Plan
(NOTE: Additions are depicted in red, underlined text. There are no deletions)

4.0 Land Development Regulations

4.1 ZONING STANDARDS

4.1.10 Light Manufacturing/Public Facilities (M-1/PF) Zone Standards and Allowed Uses a. Purpose
The M-1/PF Light Manufacturing/Public Facilities District is designed and intended to accommodate those light industrial uses which are self-contained and whose processes are characterized by the low generation of adverse impacts, and those uses and activities which serve the public and are generally conducted by government agencies or charitable and philanthropic nonprofit organizations, except that this zone has been modified from that in Chapter 18 of the Zoning Ordinance to reflect the fact that the M1/PF-A zone is located near the Airport necessitating caution in the concentration of public activities. b. Permitted Uses
(1) Industrial and manufacturing uses conducted entirely within an enclosed building, subject to the prescribed performance standards contained in Article 3 of Chapter 33 of the Zoning Ordinance, are permitted in the M-1 district. Examples include:
(a) Administrative or executive offices when incidental and accessory to and directly related to primary industrial or manufacturing uses permitted in this zone; (b) Scientific research and experimental development laboratories and related research offices;
(c) Technology Development Centers;
(d) Financial Centers;
(e) Engineering and industrial design offices when part of and affiliated with a primary industrial or manufacturing use permitted in the zone;
(f) Light assembly;
(g) Manufacturing, processing, and packaging of pharmaceuticals and drugs; (h) Manufacturing of scientific, optical, medical, dental and precision instruments; (i) Printing, publishing and allied industries;
(j) Data processing when part of and affiliated with a primary industrial or manufacturing use permitted in the zone;
(k) Warehousing and wholesale distributors;
(I) Manufacturing, assembling, packaging and processing of articles or products from previously prepared material;
(m) Limited retail sales when the product sold is manufactured, fabricated or assembled on site. The retail sales activity shall not attract the general public;

ATTACHMENT B

Santa Maria Airport Business Park Specific Plan
Adopted 12/5/1995 - Amended -1020/1998 - Updated 7/5/2007 - Amended 8/172021 (n) The storage of flammable liquid in underground tanks, subject to fire marshal approval.
(o) Mini -warehouse facilities
(p) Cabinet shop;
(q) Equipment rental and/or service;
(r) Recreational vehicle and trailer sales and storage
(2) Other Light Industrial Uses not listed may be permitted upon determination by the Planning Commission to be compatible with the purpose and intent of this zone. (3) Fire stations serving the local community;
(4) Medical Support Facilities such as ambulance or paramedic stations; (5) Charitable and philanthropic, provided no public events are held; (6) Government buildings and facilities such as State or Federal Offices; (7) Water and wastewater treatment plants, substations and other public service facilities of a similar nature;
(8) Uses, buildings and structures incidental, accessory and subordinate to permitted uses. (9) Heavy Retal Business (')
*The "Heavy Retail Business" land use of the Santa Maria Airport Business Park Specific Plan differs from other more intensive wholesale and production facility uses due to their target market being the homeowner and not the professional contractor or the trades. The Heavy Retail Business entails the retail sale of large and/or bulk goods such as lumber, building equipment and supplies, landscape plants and materials, or other related home - improvement and garden materials and other similarly themed sundries. Ancillary uses to the primary "Heavy Retail Business" may include such uses as consumer level home - improvement oriented tool rental, sales, and servicing, small 'consumer' tractor and equipment sales, or other uses consistent with and ancillary to the main Heavy Retail Business. Ancillary screened outdoor public sales yards may be incorporated for marketing of items consistent with the Heavy Retail Business.
c. Prohibited Uses
The following uses are specifically not permitted in the M-1/PF Light Manufacturing Public Facilities District:
(1) General business offices and physical health care services to the general public such as:
(a) Architects and engineering design offices, ;
(b) Accountants;
(c) Attorneys;
(d) Doctors and medical offices;
(e) Real estate brokers, except temporary sales and leasing offices whose business is strictly limited to negotiating the lease or sale of properties located within the same development or subdivision tract where such broker's temporary sales or leasing office is located;
(f) Dental offices;
(g) Investment brokers;
4-8

Santa Maria Airport Business Park Specific Plan
Adopted 12/5/1995 - Amended - 10/20/1998 - Updated 7/5/2007 - Amended 8/17/2021 (2)
(3)
(4)
(5)
(h) Offices primarily serving the public.

Residential uses.

Libraries, museums and schools and colleges;
Churches;
Any use involving the storage or handling of explosive materials, the storage or handling of blasting agents, or the storage or handling of flammable liquids in above ground tanks d. Conditional Uses
The following uses and those similar uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public welfare, and are found by the Commission to be compatible with adjoining land uses, provided that conditions and development standards are applied to mitigate any potentially adverse impacts, are permitted in the M-1 district, subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 35 of the Zoning Ordinance.
(1) Industrial or manufacturing uses which involve the screened outside storage of materials or products provided the outside storage area does not exceed ten (10) percent of the lot area and is to the side or rear of the building; (2) Manufacturing and industrial enterprises which, in the opinion of the Planning Commission, as evidenced by duly adopted resolution, are compatible and harmonious with nearby existing and permitted uses;
(3) Single -use corporate offices or regional headquarters where such offices cannot reasonably be developed by the CPO zoning classification and where such offices occupy not less than fifteen thousand (15,000) square feet of building area; (4) An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1 of the Zoning Ordinance. e. Minimum Parcel Size
Each lot or leasehold shall be a minimum of ten thousand (10,000) square feet unless a reduced lot size is specifically approved by the Planning Commission. Each lot shall have a minimum frontage width of seventy-five (75) feet on a public street or accessway; except on cul-de- sacs where the minimum frontage width shall be fifty (50) feet. f. Maximum Building Height
No building or structure erected in this zone shall have a height greater than sixty (60) feet, unless so authorized by the Zoning Administrator, who shall include recommendations from the Airport District General Manager. The ability to achieve this maximum height is controlled by the floor area ratio applicable to sites within each specific planning area. g. Building Setbacks
A typical lot layout is illustrated on Exhibit 37.
(1) Front Yard. The building setback for front yards shall achieve a general average of thirty (30) feet. Exceptions:

Santa Maria Airport Business Park Specific Plan
Adopted 12/5/1995 - Amended - 10/20/1998 - Updated 7/5/2007 - Amended 8/17/2021 (a) Parking lots may be set back not less than twenty (20) feet from the front property line provided that the parking lot width in front of the building shall not exceed 50 percent of the building frontage.
(b) Architectural features shall project up to ten (10) feet and not less than five (5) feet into the required 30 -foot front yard provided the width of said projection does not exceed 30 percent of the building width.
(2) Side Yard. The building setback for side yards is not less than ten (10) feet.

Exceptions:
(a) (Interior Lots). The building setback for side yards is ten (10) feet. One side yard only may be reduced to zero provided architectural features are incorporated into the zero side yard wall design.
(b) Parking lots shall be set back not less than ten (10) feet from the side lot line. (e) (Corner Lots). The side yard adjacent to a street shall be not less than twenty (20) feet from the side lot line. Architectural projections shall project into the required side yard five (5) feet. The projection shall equal not less than 25 percent of the wall length. No single projection shall exceed 25 feet in width. (3) Rear Yard. The building setback shall be as follows and shall be additionally adjusted to be in compliance with FAA regulations where applicable:
(a) The rear yard shall not be less than ten (10) feet. h. Screening
(1) Install a solid masonry wall not less than six (6) feet in height along the perimeter of all areas when, by reason of the conditions on the property or physical hazards, are considered by the Planning Commission to be dangerous to the public health or safety. (2) A solid fence or wall shall be erected surrounding the area devoted to open storage. No material shall be stored to a height greater than the height of the required wall or fence, unless authorized by the zoning administrator upon his finding that unique circumstances apply to the particular property or development proposed which justify an exception and which, if allowed, will nevertheless be compatible with adjoining properties.
i. Parking
For provisions on parking, see Chapter 32 of the Zoning Ordinance. j. Signs
For provisions on signs, see Chapter 34 of the Zoning Ordinance. Program CD 1.3 on Page 3-37 and CD 4.3.2.j on page 4-43.
k. Floor Area Ratios
Land use intensity is controlled by the floor area ratios established in Table 8, which are applied to the gross area of the lot or property.

I. Landscaping
Landscaping provisions for private property are presented in Section 4.3.2.1. 4-10

Santa Maria Airport Business Park Specific Plan
Adopted 12/5/1995 - Amended - 10/20/1998 - Updated 7/5/2007 - Amended 8/17/2021 m. Special Design Standards
The following special performance standards apply to development adjacent to or on the Santa Maria Public Airport:
(1) No use may be made of land within this zone in such a manner as to generate electrical interference that may be detrimental to the operation of aircraft and/or airport instrumentation. Lights within the zone must be so arranged, or hooded, so as not to make it difficult for pilots to distinguish between airport lights and other lights, resulting in glare in the eyes of pilots using the Airport, impairing visibility in the vicinity of the Airport, or otherwise endangering the landing, takeoff or maneuvering of aircraft, other than for FAA -approved navigational aids.
(2) No object or structure may be erected, nor any natural growth be allowed, to penetrate any imaginary surface defined in Federal Aviation Regulation Part 77, Section 77.25. 4-11

Existing Foxenwood Lane Design Section (to be deleted)
102' ROW
21'
60' C —C 21'
CON77NUOUS MEDIAN

AND/OR DOUBLE LEFT

TURN LANE AS APPROPRIATE
FOXENWOOD LANE FOSTER RD. TO SOUTH PROPERTY LINE

TYPICAL ROAD SECTION
Exhibit 39a
Revised Secondary Arterial Street Design Section
Revised Foxenwood Lane Design Section
WEST
ID

BUILDING

SETBACK

FUTURE EX
PL PL
I 5.
10' ID 8"
CL
82 ROW
10' 6' 1 1' 117
11'
PARKING SIDEWALK jSIDEWALI4 SIDEWALK BIKE TRAVEL LANE TUR*1 LANE (TRAVEL LANE

SETBACK TREE TREE LANE

EX FUTURE
PL PL
7 6' 10' 8' I 10' 10' 10'

BIKE SIDEWALK ,IDEWALK SIDEWALK I PARKING BUILDING

LANE TREE TREE SETBACK SETBACK
EAST

SIDEWALK PER CITY OF SANTA
MARIA STANDARD RD -I1

CURB AND GUTTER PER CITY OF

SANTA MARIA STANDARD RD -I I
J

2.0%
4" AC OVER 15.5" OF CLASS II COMPACTED
(95% OR BETTER) AGGREGATE BASE. FINAL

SECTION PER FINAL R -VALUE OF SOILS REPORT

AND SHALL BE IN CONFORMANCE WITH CITY
OF SANTA MARIA STANDARD RD -22
82' FOXENWOOD LANE ROAD SECTION ULTIMATE WIDTH
NTS

ATTACHMENT C

CITY OF SANTA MARIA

PLANNED DEVELOPMENT PERMIT
PLANNING DIVISION • 110 SOUTH PINE STREET ROOM 101 • SANTA MARIA, CA 93458 • 805.925.0951 X 2244 PERMIT NO. PD2022 - 0017
APPROVAL DATE January 16, 2024
PROJECT NAME Santa Maria Airport Foxenwood Mini -Warehouse Facility APPLICANT/OWNER G3, LLC / Santa Maria Public Airport District ADDRESS/LOCATION Northwest Corner Highway 135 And Union Valley Parkway DESCRIPTION Planned Development Permit (PD2022-0017) for a 101,450 -square -foot Mini -Warehouse Facility on an 5 -acre site within a 28.4 -acre PD/M- 1/PF-A (Planned Development/Light Manufacturing/Public Facilities) Zone District of the Santa Maria Airport Business Park Specific Plan.

FINDINGS
The City Council hereby approves the following project in accordance with the application submitted and hereby makes the required findings in accordance with Sections 12-35.105 and 12-35.203 of the Municipal Code, including the following:

A. That the project meets the vision, intent, and requirements of the Santa Maria Airport Business Park Specific Plan and the General Plan because the use is one of the uses anticipated for the PD/M-1/PF-A zone of the Specific Plan and designed to conform to the Specific Plan policies and standards; B. That the site for the proposed use is adequate in size and topography to accommodate the use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly adapt such use with the land and uses in the vicinity, as the project site is approximately five acres of the total 8.4 acres of the PD/M-1/PF-A designated property, leaving approximately 3.4 acres of site for future development;
C. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use, because the project site is within the area of the adopted Santa Maria Airport Business Park Specific Plan, and accesses Foxenwood Lane which will provide for the integration into the infrastructure, circulation, and service network of the City to ensure this project site and the surrounding area have adequate traffic circulation;
D. That the proposed use will have no adverse effect upon abutting properties, as the project site and adjacent sites are vacant parcels, and the five -acre project site is adequately sized to accommodate the proposed use. The proposed landscaping Attachment D

and site improvements are sited and designed to adequately adapt the project to the surrounding land uses, and the project is designed to conform with the policies and development standards of the Santa Maria Airport Business Park Specific Plan;
E. That the establishment, maintenance and/or conducting of the use for which the planned development review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood, because the project is a low intensity mini -warehouse use designed to be compatible with existing and future adjacent land uses through conformance with the policies and development standards of the Specific Plan. The proposed use is not inconsistent with the character of the neighborhood or contrary to its orderly development, because the mini -warehouse use is a use identified for the PD/M-1/PF-A zone of the project site and is designed to conform with the Specific Plan development and design standards;
F. That the conditions stated in the decision are necessary to protect the public health, safety and general welfare;
G. The proposed modification to reduce the amount of required parking for the storage units FROM 1 space for every 10 storage units (71 parking spaces required) TO 1 space for every 15 storage units (47 parking spaces required) is justified by the analysis using the Institute of Traffic Engineers trip generation rates for the mini -storage use, and the project is otherwise consistent with the General Plan, Municipal Code and Specific Plan;
H. The project includes superior design elements, including varying wall planes and roof heights, tower like elements, decorative fencing, stone wainscot, perimeter landscape, that together mitigate or compensate for any potential impact of the proposed modification(s) on the surrounding area;
The proposed modification(s) are essential to the design of the project as the reduced parking requirement reduces the amount of paved area, providing a better balance of building to paved site;
J. The proposed modification(s) have been minimized to the maximum extent possible consistent with Subsections (a) through (c) of Section 12-35.203 of the Municipal Code, as the requested ratio of one parking space for every 15 storage units is not nearly as low of a parking ratio that could be argued by the results of the parking analysis, but will still provide adequate parking for storage unit customers; and
PD2022-0017 JANUARY 16, 2024

FOXENWOOD MINI -WAREHOUSE PLANNED DEVELOPMENT PERMIT
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K. A Supplemental Environmental Impact Report (SEIR) had been certified for the 2021 Specific Plan amendment, as a supplement to the Programmatic EIR (State Clearinghouse [SCH] No. 2005051172) certified by the City in June 2007 for the Santa Maria Airport Business Park Specific Plan. Considering the adequacy of the previously adopted SEIR, staff has concluded that in accordance with the provisions of CEQA section 15162:
• There are no substantial changes which have occurred in respect to the circumstances under which the project will be undertaken. • There is no new information regarding potential significant effects that have come to light in the review of the proposed project; and • The project does not involve any new significant environmental effects not otherwise addressed in the previously adopted SEIR and mitigation monitoring program.

Therefore, the project was adequately covered in the previously adopted Supplemental Environmental Impact Report (SCH# 202007005) and no further environmental review is necessary.

CONDITIONS OF APPROVAL
The project is recommended for approval subject to the following Conditions of Approval:

Community Development Department

1. Project Description: The permittee shall comply with the project description, plan set entitled "Self -Storage Planned Development Permit" consisting of 10 pages dated November 2023, and Conditions of Approval of this permit. Any changes from the project description, Plan Set, or conditions may require a permit amendment. Contact the Planning Division prior to changing anything described on the Plan Set or in the project description.

2. Mitigation Monitoring and Reporting Program: The mitigation measures in the Mitigation Monitoring and Reporting Program for the Supplemental Environmental Impact Report (SCH# 202007005) are hereby incorporated by reference.

3. Hours of Operation: Hours of operation shall be Monday through Saturday, 8:00 am to 6:00 pm, and Sunday 10:00 am to 4:00 pm. The gate will be operational for clients between 6:00 am — 9:00 pm daily. Please contact the Planning Division regarding any extension of these hours.

4. Rental Trucks: Truck and trailer rentals are not permitted under this Planned Development Permit. Please contact the Planning Division regarding any proposed vehicle or equipment rental associated with this facility.

5. Color and Materials: A sample of all paint colors and materials to be used on the project site shall be submitted to the Planning Division for review for consistency with City Council approval prior to issuance of building permits. Paint colors samples shall be provided in the form of labeled paint chips.

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6. Architectural Elements: All architectural elements such as parapet walls, tower features, and architectural features shall include architectural details on all sides to provide 360 -degree architecture and eliminate the appearance of a false facade.

7. Windows and Advertising: No signs, materials, or equipment shall be placed in and/or visible through the upper floor windows or in association with the facade storage unit doors and hallways.

8. Parking Area: Five parking spaces are required at the entry, and an additional 47 spaces are required for the storage spaces provided as equivalent loading area.

These 52 spaces are depicted on the approved plan set. The off-street parking area and access shall be paved and double striped in accordance with City parking standards. The parking area shall be maintained and regularly resealed and restriped. Please note that a building permit is required for restriping. The striping shall be visible at all times and the parking area shall be void of potholes and depressions.

9. Loading Zone: The loading areas shall be signed and striped so that vehicles are not parking in drive isles or fire lanes. The parking depicted adjacent to buildings shall be striped as a loading zone, not as individual parking spaces. All other aisles shall be marked per Fire Department standards.

10. Outdoor Storage: The required parking spaces, including the five office customer spaces outside the gated area, may not be leased or used as vehicle storage. No outdoor storage of vehicles or materials is permitted at this facility.

11. Bike Racks/Storage: A bike rack with a minimum capacity of two bikes shall be installed in proximity to the office. The rack design shall be provided as a detail on the plan set and shall be subject to approval by the Planning Division during the building permit review process.

12. Trash Enclosure: Each trash receptacle shall be stored in an enclosure. The final development plan submitted for the building permit shall specify size and location of all trash collection areas and the enclosure shall be constructed in accordance with the approved plan. The location and design shall be approved by the Community Development Department and the Public Works Department. The trash enclosure shall meet City Standards as well as be designed in keeping with the architecture and style of the project.

Trash areas that are located adjacent to parking spaces shall be set back a minimum of ten feet to provide sight distance for automobiles backing out of the parking space.

13. Ongoing Site Maintenance: The entire site shall be permanently maintained free of accumulated dirt and litter and in an otherwise neat and attractive manner and adhere to the requirements of the Santa Maria Municipal Code. Any graffiti on the property shall be promptly painted out. All landscaping areas on the property shall be permanently maintained with healthy, growing plant material, free from weeds.

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deterioration.

Failure to comply with this condition is a public nuisance and is subject to the adopted Citation Ordinance of the City of Santa Maria.

14. Landscape Area: A minimum of 15 percent of the project site area dedicated to this project shall be provided as irrigated landscape area.

15. Landscape Plan: A Landscape Plan, which includes the size and species of plants, a layout of the irrigation system incorporating time clocks and/or moisture sensors, and a maintenance and watering schedule, shall be submitted to the Community Development Department for plan checking and approval. The specific planting design of the landscape area and species of trees and plants shall be subject to approval of the Planning Division during the plan check review process. The landscape plan shall be prepared in accordance with Chapter 12-44 of the Municipal Code, Landscape Standards. Backflow prevention devices shall be screened with plant material and located to maximize aesthetics.

16. Landscape and Tree Maintenance: The applicant shall develop landscape and tree maintenance standards that shall be provided to any landscape contractor hired to work on the site. The standards shall be reviewed and approved by the Planning Division prior to first occupancy. The program shall require:
a. All on -site trees be properly maintained to retain a natural shape and size for the long-term health of the tree consistent with the natural growth pattern of its particular species and current ANSI A300 standards; b. Any tree topped, severely pruned or severely thinned out, subject to the determination of the Planning Division, shall require a large -size replacement.
c. Ground cover and shrubbery shall be regularly maintained and pruned in a manner that encourages healthy growth and flower production. Shrubs shall not be severely sheered or formed into unnatural shapes.

17. Tree Planting: The project shall provide the trees depicted on the landscape plan.

The trees species selected shall be subject to Planning Staff review. Trees shall be a minimum of 15 -gallon size.

18. Landscape Irrigation Water Meter: A separate appropriately -sized irrigation meter is required for new non-residential projects with irrigated landscape areas totaling 1,000 square feet or greater, and for new residential projects with irrigated landscape areas totaling 5,000 square feet or greater. If a sub -meter is proposed for irrigation, it shall be a privately held and maintained meter, provided by the applicant, installed after the main water meter.

19. Exterior Lighting: Submit a lighting plan showing upgraded light fixtures with shielded fixtures in an effort to improve site visibility and security in the parking lot and surrounding the building.

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20. Light Standards: All on -site lighting shall comply with the Municipal Code Performance Standards. A photometric plan is required at the building permit stage, subject to Planning Division approval. Parking lot light standards on the project site shall have a maximum overall height of 30 feet.

21. Utilities: All electrical, telephone, television and communication utility distribution and services wires shall be placed underground in accordance with Santa Maria Municipal Code Section 12-28.06.

The proposed locations of all transformer boxes and utility equipment shall be approved by the Planning Division prior to installation. All transformer boxes and utility equipment shall be underground wherever feasible. If undergrounding is not possible, the equipment should be painted to match the surroundings, placed in inconspicuous areas out of public view, and screened with landscape plantings.

22. Mechanical Equipment: Mechanical equipment located on the roof of a building shall be completely screened. The height of the screening shall be as high, or higher, than the top of the mechanical equipment. The screening may be provided by an architecturally designed screen wall of solid material surrounding the equipment, or by the building wall parapet.

23. Business License: A City business license is required.

24. Performance Standards: The requirements of the City's performance standards with respect to odor, noise, smoke, vibration and discharge of liquid and solid waste shall be maintained.

25. AB 1600 Fees: AB 1600 fees apply to this project and are based on the fees in effect at the time the building permit is issued.

26. Indemnification: The applicant shall agree to indemnify, defend (with counsel reasonably approved by the City), and hold harmless the City of Santa Maria and its officers, officials, employees, and agents from and against any and all claims, demands, actions, proceedings, lawsuits, losses, damages, judgments and/or liabilities by third parties arising out of, related to, or in connection with the project application or to attack, set aside, void, or annul, in whole or in part, an approval of the project application by the City and any related environmental approvals, development approvals or project conditions. The Applicant shall reimburse the City, its agents, officers, officials, or employees, for any court costs and attorney's fees that the City, its agents, officers, officials, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve Applicant of his/her obligations under this provision.

27. Agency Requirements: The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project.

28. Construction Documents: A copy of these conditions shall be incorporated into all construction documents.

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Public Works Department

29. Development Agreement: The developer has indicated a desire to defer public improvements to a future date and phase of construction associated with a future development. The developer shall review and conform to Santa Maria Municipal Code Section 12-51, which provides City Council the flexibility to adjust municipal code requirements for development projects that offer significant benefit to the community or contribute to the successful achievement of City goals. The details of the development agreement shall be found acceptable to the Public Works Department, and the development agreement executed prior to deferment of any public improvements required of the project as conditioned herein.

30. Public Improvement Plans: Public Improvement Plans (PIPs) are required for the development of this site. The improvement plans shall show complete plans, profiles, and details for all required improvements to be constructed, both public and private, including common areas. Reference may be made to the Standard City Engineering Specifications and Drawings in lieu of duplicating the standard drawings. All standards of agencies other than the City of Santa Maria shall appear on the plans in full and not by reference. PIPs shall be reviewed and approved by the City Engineer prior to building permit issuance and incomplete submittals may delay building permit issuance. The PIPs shall include the following:

A. Generally, the development shall install frontage improvements and public utilities on Foxenwood Lane between Foster Road and Union Valley Parkway, and along Foster Road and Union Valley Parkway adjacent to the project. The developer shall evaluate the pavement section and confirm the roadway section meets current City standards for flexible pavement.

B. The developer shall extend public utility main lines consistent with the Airport Business Park Specific Plan.

C. The developer shall construct the regional basin as identified in the Airport Business Park Specific Plan Amendment, and the basin shall meet Santa Barbara County Flood Control District requirements.

D. Plan and profile drawings for all surface and underground improvements. Plans and profiles shall be drawn to the scale of one -inch equals 40 feet or larger unless otherwise approved by the City Engineer. Details shall be drawn to a scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet. These may include, but are not limited to:
a. Public Water Mains
b. Public Sewer Mains
c. Public Storm Drain Mains
d. Traffic Signal and/or Roundabout
e. Frontage Improvements
i. Curb
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ii. Gutter
iii. Sidewalk
iv. Driveways
v. Streetlights
vi. Fire Hydrants
E. Traffic signs and striping plans for all streets. These may include, but are not limited to:
a. Regulatory signs
b. Warning signs
c. Guide signs
d. Centerlines
e. Lane lines
f. Bike lanes
g. Pavement markings
F. Multi -purpose trails and bicycle paths, as defined in the Circulation Element of the General Plan, and as depicted in the Specific Plan, shall be constructed as part of a subdivision, if applicable, or in association of the development of current vacant parcels. The paths shall be designed pursuant to the Circulation Element of the General Plan and the Standard City Engineering Specifications and Drawings.

NOTE: The MPT-1 Depicted on the west perimeter of this project parcel shall be constructed as a part of the development of the C-3/PF-A-Airport Commercial /Public Facilities — Airport designated parcel, in a location and alignment as approved by the Public Works Department.

G. Landscaping and irrigation plans for any area of public right-of-way where landscaping is required (such as medians) or where landscaping is to be maintained as part of a city landscape maintenance district. Confirm requirements with the Recreation and Parks Department regarding necessary landscaping, irrigation, and water meters to be installed.

The Engineer shall submit four full size copies of the Public Improvement Plans to the Public Works Department for review, in addition to an electronic copy.

All public improvements shall be constructed according to City and State standards. Plan check and inspection fees per City Council Resolution 2005- 101 will apply. The developer shall submit a cost estimate completed by a registered civil engineer for the proposed public improvements and make a monetary deposit with the City. Cost estimates shall include a separate item for contingencies in the amount of ten percent of the estimated actual cost. The estimate submitted by the subdivider's engineer shall be subject to review and approval by the City Engineer. An approved final estimate shall be used to establish construction inspection fees, to establish the plan checking fee, and for establishing required amounts of security as required by Section 11-8.06 of the City of Santa Maria Municipal Code. The form of security shall be subject to the approval of the City Attorney.

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31. Building Plans: At time of building plan submittal, the developer shall identify the following items on the site or utility plan for the subject project:

A. Location and sizes of all existing water mains, sewer mains, water meters, water service lines, backflow prevention devices, private sewer lateral connections, and storm drainage facilities in abutting streets or on the project site.
i. Each unit or lot shall be served by a sanitary sewer system, adequate domestic water system, natural gas, electric, and telephone facilities.

Cable television facilities shall be provided pursuant to Chapter 15 of Title 9 of Santa Maria's Municipal Code.

B. Location and sizes of all proposed water mains, sewer mains, water meters, water service lines, backflow prevention devices, private sewer lateral connections, and storm drainage facilities in abutting streets or on the project site.
i. Each unit or lot shall be served by a sanitary sewer system, adequate domestic water system, natural gas, electric, and telephone facilities.

Cable television facilities shall be provided pursuant to Chapter 15 of Title 9 of Santa Maria's Municipal Code. If these are not existing, they shall be proposed to be installed as part of this project.

C. Location, quantity, and orientation of trash enclosures D. All parcel lines and easements crossing the project site.

E. Locations and dimensions of all existing and proposed driveways and sidewalks F. Location of existing and proposed fire hydrants
G. Required public improvements.

H. Limits of frontage improvements
Fees

32. Utilities Connection Fees: For all development projects already connected to the utility system, the water and wastewater fees shall be based solely on an increase in water meter size or a change in use and shall be calculated and collected prior to installation of the larger meter or making a change in use. The State Water Reimbursement Fee shall be collected concurrently with the Growth Mitigation Fee. The following fees are to be paid by the applicant and will be collected at time of request for connection at the Building Division, 110 South Pine Street, Suite 101.

A. Water Mitigation Fee: The fee is calculated based on the size of water meters (domestic, landscape, fire) serving the site. The fee shall be based upon the codes and rates in effect at the time of building permit issuance (Santa Maria Municipal Code (S.M.M.C.) Sections 8-15.01 through 8-15.15 and 8-15.19).

B. Wastewater Mitigation Fee: The fee is calculated based on the size of water meters (domestic) serving the site. The fee shall be based on the codes and rates in effect at the time of building permit issuance (S.M.M.C. Sections 8- PD2022-0017 JANUARY 16, 2024

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15.01 through 8-15.15 and 8-15.20).

C. State Water Reimbursement Fee: The fee is calculated based on the size of water meters (domestic, landscape, fire) serving the site. The fee shall be based on the codes and rates in effect at the time of building permit issuance (S.M.M.C. Section 8-10.05.01).

33. Traffic Mitigation Fee: The traffic mitigation fee shall be paid by the applicant at time of occupancy. The fee is based on the size and proposed use of the project.

The final fee calculation is based on the fee schedule in effect at the time of building permit issuance (S.M.M.C. Sections 8-15).

The City Council may consider allowing qualifying commercial and industrial development the ability to pay growth mitigation fees as outlined in the current fee schedule over a period of time. The maximum amount of time for payback shall be five years. The payments shall be made yearly, and interest shall be paid. Interest calculations shall be based on the average annual interest rate for the Local Agency Investment Fund. Qualifying companies who wish to pursue this option shall sign an agreement, in a form approved by the City Attorney, and shall provide financial security guaranteeing payment.

Street and Frontage Conditions

34. Street Light Conduit Location: Refer to City Standard Drawing RD -31 regarding typical utility location and spacing. Streetlight conduit shall be located on the north side of an east/west street, or east side of a north/south street.

35. At -Grade Driveway:

Driveways shall be installed per City Standard Drawing RD-18A/RD-19A.

Driveways shall have minimum throat width of 24 feet and minimum curb return radius of 20 feet.

Nearest edge of driveway shall be located a minimum of five feet from any above- ground utility such as streetlights or fire hydrants, and ten feet from any street trees. A minimum 20 -foot separation between driveways is required and the aggregate width of all driveways shall not exceed 50 percent of the property's frontage along the street (S.M.M.C. Section 8-6.07).

36. Frontage Parking: The gate across the driveway shall be relocated to provide a minimum of 25 -foot setback from back of sidewalk so vehicles can park completely off the traveled way when opening the gates.

37. Frontage Repair: The developer shall repair any cracked, broken, or uplifted curb, gutter, sidewalk, or alley within the project frontage. City Public Works Inspection staff will determine the extent of the frontage repair in the field prior to construction.

An encroachment permit will be required prior to issuance of a building permit for these repairs.

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38. New Frontage Improvements: The developer shall be required to install full frontage improvements including curb, gutter, sidewalk, streetlights, and landscaping wherever missing or required by the Public Works Department.

39. Intersections: Sight distance requirements shall be maintained at the intersection of any street, alley, or driveway improved for vehicular traffic per S.M.M.C.

Sections 12-27.02 and 12-27.03.

40. City Encroachment Permit: The developer shall obtain an encroachment permit from the Public Works Engineering Division prior to any work in public streets, alleys, or easements (S.M.M.C. Section 8-6.06).

41. Chip Seal: Developer shall be required to restore asphalt pavement surface to the pre -development condition by placing chip seal compliant with City Standards along the property frontage where trenching and utility cuts are required within City right-of-way. The chip seal shall be applied for the full width of the roadway for 50' beyond all cuts within the asphalt pavement and the roadway striping shall be restored to pre -construction layout. The developer may elect to deposit an in -lieu fee to the City Public Works Department to perform the chip seal as a part of the City's annual chip seal project.

Transit

42. Install a bus turnout, per City of Santa Maria Standard Drawing RD -26, RD -27A, and RD -28 on Foster Road and on Union Valley Parkway. Turnouts shall be constructed in a location approved by Santa Maria Regional Transit and be reflected on the Public Improvement Plans.

43. Install a bus shelter at both bus turnouts identified above. These improvement shall be shown on the Public Improvement Plans.
i. Tolar 12' Sunset Shelter with Polycarbonate Flat Roof in Aluminum color with the following specifications:

1. RMS Solar Lighting System

2. No walls

3. Accompanying Bench w/ seat delineators

4. Waysine LED Shelter Display

44. ADA wheelchair area marked (painted onto the ground between the gap of the bench and end of shelter)
Water Conditions

45. New Public Main Location: Refer to City Standard Drawing RD -31 regarding typical utility location and spacing. Water mains shall be located approximately 6' from the curb face of the north side of an east/west street, or east side of a north/south street.

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46. Privately Owned On -site Water Lines: Water lines for fire suppression shall be separated from water lines used for domestic water.

47. Looped Fire Suppression Line: If required by the Fire Department, fire suppression lines shall be looped on -site with appropriate fire service backflow prevention assemblies per Standard Detail WA -27F at both ends, located at the property line.

These fire service backflow prevention assemblies separate privately -owned and maintained water lines from public water lines. On -site fire hydrants and fire sprinklers shall be supplied from this looped, on -site water line.

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48. Fire Hydrants: The location, placement, and sizing of on -site water lines and fire hydrants shall be approved by the City Fire Department and Public Works Department.

49. Backflow Prevention: Reduced pressure principle (RP) type backflow prevention assemblies shall be installed on all domestic water services. The devices shall be installed near the property line before any branches by a licensed plumber according to City specifications and standard drawings. The devices shall be tested by a certified backflow prevention tester with test results submitted to the City's Regulatory Compliance Specialist prior to final occupancy.

Wastewater Conditions

50. Laguna County Sanitation District: The project shall be served by Laguna County Sanitation District and will require a Will Serve letter prior to issuance of building permits.

Storm Water Conditions

51. New Public Main Location: Refer to City Standard Drawing RD -31 regarding typical utility location and spacing. Storm mains shall be located on the north side of an east/west street, or east side of a north/south street.

52. Acceptance of Public Infrastructure: Prior to issuance of Certificate of Occupancy, the developer shall clean and verify the integrity of all storm drain infrastructure to the satisfaction of the Public Works Inspector. Inspections at installation do not waive the requirement for re -inspection prior to acceptance by the City.

53. Construction Storm Water Requirements (Site > 1 Acre): The developer shall obtain a Storm Water Pollution Prevention Plan (SWPPP) prepared by Qualified SWPPP Developer (QSD). The SWPPP must be reviewed and approved by the Public Works Department prior to issuance of grading and encroachment permits.

The developer shall submit the SWPPP and file a Notice of Intent (NOI) with the Central Coast Regional Water Quality Control Board. The submittal is typically handled online through the Regional Board's SMARTs website. ( https://smarts.waterboards.ca.gov/smarts/) .

54. SWPPP Review Fee: The developer shall submit a hard copy and an electronic copy of the SWPPP for review and approval prior to any building permit issuance.

A SWPPP review fee will be invoiced prior to approval.

55. Cost Estimate and Treasurer's Trust: A detailed cost estimate for the installation and maintenance of the Best Management Practices (BMPs) to be implemented as defined by the SWPPP will be generated from the City's SWPPP review. Prior to grading permit issuance, the developer shall submit a cash deposit in the amount of the approved cost estimate to be held as a Treasurers Trust. The Treasurer's Trust is intended to guarantee installation and maintenance of the PD2022-0017 JANUARY 16, 2024

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required BMPs. The City will draw from this Treasurer's Trust in the event the developer/contractor does not install or maintain the required BMPs. The Treasurer's Trust shall be returned after Certificate of Occupancy is issued, minus any funds expended by the City to install/maintain the required BMPs on behalf of the developer/contractor.

56. SWPPP/Post-Construction Requirement Monitoring Encroachment Permit: Prior to issuance of grading permits, the developer shall obtain an encroachment permit from the Public Works Office to cover inspection of the approved SWPPP and installation of required Post -Construction Requirements. Permit and inspection fees will be due when the permit is issued, and expiration of the encroachment permit will be based on the construction schedule identified in the SWPPP Notice of Intent. Time extensions will require additional funds to be provided to cover the additional inspections.

Flood Control Conditions

57. Santa Barbara County Flood Control District: Developer shall submit the hydrologic and hydraulic study, plans, and plan check fee for Santa Barbara County Flood Control District review. Santa Barbara County Flood Control District shall approve the studies and plans prior to building permit issuance.

58. Storm Drainage: The applicant shall provide on -site retardation facilities designed and constructed to Public Works and Community Development requirements prior to occupancy. The facilities shall be designed to accommodate the increased drainage water flow of a 25 -year storm event as a result of new development.

Developer shall provide hydrologic and hydraulic study detailing assumptions, calculations, and design of the on -site retardation.

The applicant shall submit a grading plan for review and approval by Public Works and Community Development prior to issuance of building permits. Refer to the "Grading Plan Information" handout distributed by Community Development for guidance. Developer shall also submit the preliminary grading plan to the Santa Barbara County Flood Control District for review and approval prior to issuance of building permits. The developer shall obtain Flood Control District certification on all new flood control facilities prior to bond release.

Post -Construction Storm Water Conditions

59. Post -Construction Storm Water: The Central Coast Regional Water Quality Control Board requires that all new projects that create or replace 2,500 square feet or more of impervious area must follow the post -construction requirements (PCRs).

The Stormwater Technical Manual and further guidance on completing an SCP are available online ( https://www.countyofsb.org/2324/New-Redevelopment) .

A. The developer shall demonstrate project compliance with the PCRs by submitting a Stormwater Control Plan (SCP) using the template provided in the Stormwater Technical Guide.

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B. The SCP shall include a site plan, Stormwater Control Measure (SCM) sizing calculations, details of bioretention design, and dimensions of drainage management areas.

C. The SCP shall include an Operation and Maintenance (O&M) plan, detailing how the site and required post -construction improvements shall be maintained into perpetuity by the owner.

D. A SCP is required and shall receive preliminary approval from the Public Works Department prior to discretionary approval of the Planning Permit. The developer shall resubmit the SCP with the Building Plan submittal for final review and approval. The resubmittal is to account for any necessary changes to the site plan between entitlement and construction.

E. Underground Chambers: For developments proposing to utilize underground chamber systems for the basis of stormwater management, the inlets, chambers, and any infrastructure that drains to the underground chamber system shall be cleaned, and video inspection provided to verify the performance of the underground chamber system wasn't compromised during project construction activities. Cleaning and maintenance of this infrastructure shall be followed as per the manufacturer's specifications and the approved stormwater operations and maintenance plan. All cleaning and maintenance activities shall be documented and provided to the Utilities Department, Regulatory Compliance Division on an annual basis.

F. As required by Section D, Field Verification of Post -Construction Stormwater Measures, of the California Central Coast Regional Water Board Resolution R3-2013-0032, Post -Construction Stormwater Management Requirements for Developments Projects in the Central Coast Region, the Developer shall secure a qualified third -party (registered professional engineer, geologist, architect and/or landscape architect) for purposes of inspection, verification, and certification of all Stormwater Control Measures (SCMs) to ensure site design, water quality treatment, runoff retention, and/or peak management controls have been implemented in accordance with the Regional Water Board's Post -Construction Requirements.

G. Grading plans shall include the following language:
i. Provide installation elevation by licensed surveyor to Public Works Department, Engineering Division within 7 calendar days of installation.
i i . Provide basin dimension and depth, including outlet structure cross section with elevations, signed and stamped by the Engineer of Record who prepared the Stormwater Control Plan to the Public Works Department, Engineering Division, within 7 calendar days of installation.
iii . Provide copy of invoice of installed gravel and bioretention soil media, along with photo -documentation of complete structure cross sections to Public Works Department, Engineering Division, within 7 calendar days of installation.

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H. The following shall occur prior to final SCP approval:
i. Engineer of Record that prepares the SCP shall provide documentation of critical design elements in structures that are underground, buried, or otherwise hard to verify after installation.

Critical elements include elevations of the bottom of bioretention, top of gravel, and overflow structures.
i i . The property owner shall sign a Post -Construction Stormwater Control Measures Maintenance Agreement form with the City of Santa Maria. The form will be provided by Public Works after the final review of the SCP. The agreements shall be approved, signed, and attached to the property address prior to issuing the Certificate of Occupancy.

Solid Waste Conditions

60. Multi -family and Commercial/Industrial Facilities: As mandated by state law, this development is required to comply with all applicable laws and regulations pertaining to solid waste disposal and recycling, the City of Santa Maria Mandatory Organic Waste Disposal Reduction Ordinance No. 2021-10, Chapter 8-21, and Title 8, Chapter 8-11 of the City of Santa Maria Municipal Code.

A. The developer shall submit a site plan identifying location(s) of each solid waste enclosure ("Enclosure") to contain refuse and recycling (including single stream recycling and organics) bin(s)/container(s). The proposed location of each enclosure shall enable tenants to dispose of their refuse and recyclable materials safely and efficiently. The site plan shall be reviewed and approved by the City prior to issuance of building permits.

B. All Enclosures shall be constructed per City standard drawing MS -16B.

C. The proposed quantity of Enclosure(s) for the subject site shall be reviewed and approved by the City.

D. The service frequency of each bin/container shall be determined by the City.

E. Enclosure(s) shall be oriented to provide vehicle fork -in access when possible.

F. In cases where Enclosure(s) are proposed to be installed abutting structures, the common wall shall be of a non-combustible masonry -type material with no openings for vents or windows.

G. Enclosure(s) shall be reserved exclusively for solid waste bin(s)/container(s) storage. Miscellaneous boxes, bins, racks, grease containers, etc., is not permitted within the enclosure.

H. If City collection vehicles ("Collection Vehicles") will be traveling through a gated area to service bin(s)/container(s), the gates shall be equipped with a coded electronic keypad system.

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property or Collection Vehicles. See City standard drawing MS -16B for guidance.

J. The developer shall design all site vehicle travel ways to withstand loads imposed by Collection Vehicles.

K. The developer shall submit a truck turning template route for solid waste service area. The Collection Vehicles must be able to enter and exit the site to gain access to the Enclosure(s) with minimal backing. Collection Vehicles have an inside turning radius of 38 feet and an outside turning radius of 55 feet. See City standard drawing MS -16B for guidance.

Modification of Public Works Department Conditions

61. The Director of Public Works, Planning Commission, and Council reserve the right to modify these Public Works Department conditions if they deem it necessary to ensure compliance of the project with Chapter 8-6 of the S.M.M.C. (S.M.M.C.

Section 8-6.09).

Fire Department

62. Key Box: A SMFD approved key box shall be provided at the main entrance to each building/tenant space. The box shall contain all keys necessary to allow Fire Department access to all portions of the building or tenant space. a. The box shall be installed in accordance with the manufacturer's specifications and placed so the bottom of the box is 60 inches above the adjacent grade. The proposed location of the box shall be shown on plans. b. Key box application is available online at http://www.ci.santa- maria.ca.us/40463-KnoxBoxRequestForm.pdf. The key box shall be ordered prior to occupancy request.
c. Knox Box 3200 Series is the minimum acceptable box for commercial installations. Knox boxes identified as "Residential" shall not be used for commercial applications.

63. Address Numbers: Numbers shall be clearly visible from the centerline of the roadway fronting the building and shall contrast with their background. Number height shall be a minimum of 12 inches for commercial buildings. The proposed location and design of address numbers shall be shown, or this note placed on the plans.

64. Access Roads: An approved SMFD access road shall extend to within 150 feet of all portions of the exterior walls of the first story of the building, as measured by an approved route around the exterior of the building.
a. All weather surface access roads such as cement or asphalt pavement shall be installed and approved by the SMFD prior to vertical combustible construction.

PD2022-0017 JANUARY 16, 2024

FOXENWOOD MINI -WAREHOUSE PLANNED DEVELOPMENT PERMIT
- 17 -

65. Minimum Road Standards. The roads shall be a minimum of four -inch class II road base compacted to 95 percent with 15 1/2 -foot overhead clearance: 24 -foot net minimum width for buildings below 30 feet in height.

66. Fire Lane Signs. "No Parking, Fire Lane" signs shall be posted at entrances. Signs shall be designed per SMFD Development Guidelines. All curbing in a designated Fire Lane or fire access way shall be painted red with "Fire Lane, No Parking" graphics stenciled every 100 linear feet or as otherwise designated on approved plans.

67. Fire Flow. Fire flow shall comply with CFC, Appendix B. The minimum fire flow for this project shall be 5,250 gallons per minute (based on Type II -B Construction, with fire sprinklers).

68. Fire Hydrants. Fire hydrants shall be installed per City of Santa Maria Public Works Standards.
a. Fire hydrant spacing and distribution shall comply with CFC Section 507 and CFC Appendix C. A minimum of 6 fire hydrants shall be provided. The hydrants shall be spaced at an average of 300 feet and at no point shall exceed 180 feet from a fire hydrant on a fire apparatus access road. Please show proposed and existing fire hydrants on the site plan. Fire hydrants shall be installed and operational prior to vertical combustible construction.

69. Fire Hydrant Protection. On -site fire hydrants shall be painted red and protected from impact in accordance with City Of Santa Maria Public Works Standards and SMFD Development Guidelines.

70. Water Mains. Water Mains shall be installed per City of Santa Maria Public Works and NFPA standards. Minimum main size shall be 8", or as determined by hydraulic calculations.

71. Hydrant Markers. Reflective blue dot fire hydrant location markers shall be installed.

72. Fire Sprinkler Systems. Automatic Fire Sprinklers are required for all proposed buildings exceeding 5,000 square feet and shall include the following:
a. All commercial fire sprinkler systems shall be equipped with a local water flow alarm.
b. Deferred submittal of fire sprinkler plans, and calculations is required. The plans and calculations shall be wet stamped, on every sheet, by a registered Fire Protection Engineer (FPE) licensed in California.

73. Fire Department Connection (FDC). FDCs shall be located on the front access side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access or as otherwise approved by the Fire Chief or his/her designee. The FDC shall:

PD2022-0017 JANUARY 16, 2024

FOXENWOOD MINI -WAREHOUSE PLANNED DEVELOPMENT PERMIT
- 18 -

a. Face the public street or fire lane fronting the protected building and be installed so the center line of the connection is a minimum of 36 inches above finished grade.
b. Within 40 feet of an approved roadway or driveway and arranged so that hose lines can be readily attached to the inlets without interference. c. Within 50 feet of an approved fire hydrant.
d. Be equipped with Knox Brand locking caps.

74. Fire Alarm System: A fire alarm system shall be installed in accordance with the CFC and NFPA 72 standards. The fire alarm system shall be certificated by Underwriters Laboratories or an equivalent nationally recognized organization. a. Deferred submittal of fire alarm plans is permitted. The plans shall be wet stamped, on every sheet, by a registered FPE licensed in California. b. A Fire alarm system, at a minimum incorporating tamper switches on control valves and a Central Station service for the water flow alarm shall be installed for the fire sprinkler system.

75. Digital Site Plan: Prior to Fire Department final approval, a site plan in a PDF format shall be provided with the following information if applicable: On site hydrants, FDC/OS&Y locations, Standpipes, Sprinkler Control Valves (Riser), Fire alarm panel (FACP) Utilities (Gas/Electric/Water) Knox box/switch location(s), Ingress/Egress, Stairwells, Individual floor control valves, Individual floor plans including unit numbers, Laundry room(s), Elevator room(s), Roof access, Solar Panels and DC shutoff locations.

Recreation and Parks Department

76. Tree Species: Street trees will be required at a minimum of every forty feet along Foxenwood lane, Foster road, and Union Valley parkway. Trees to be selected from the medium and large City approved street tree list.

77. Public Improvements: The basin/open space, both sides of Foxenwood Lane, and the northern Union Valley Parkway frontage will require public landscaping that will complement the existing Union Valley Parkway landscape design concept, along with adequate access and some park like amenities within the basin/open space.

The Union Valley parkway frontage, basin/open space, and Foxenwood Lane are considered an enhanced landscape area. Include separate public improvement plans through City of Santa Maria Public Works for review and approval by Public Works and Recreation and Parks department. These areas will be dedicated to the City and maintained as part of the Landscape Maintenance Districts.

78. Tree Specifications: The street trees shall be 24 -inch box in size and have a minimum caliper of 1.5 inches. The trees shall be planted six feet behind the sidewalk by a licensed landscape contractor in accordance with the plans and specifications of the Recreation and Parks Department. An irrigation system shall be provided for the trees.

PD2022-0017 JANUARY 16, 2024

FOXENWOOD MINI -WAREHOUSE PLANNED DEVELOPMENT PERMIT
- 19 -

79. Tree Bonding: Street tree bonding shall be for tree plantings at $275 each. Tree bonds are to cover a one-year establishment starting at issuance of the Occupancy Permit. Street tree requirements and bond amount are a maximum subject to change during building permit review. The tree bond is due at time of building permit issuance as a cash or surety bond delivered to Recreation and Parks at 615 S. McClelland St.

80. Tree Easement: A minimum ten -foot -wide tree planting easement shall be dedicated to the City to allow adequate space for planting and maintenance of street trees. The easement shall not have any impervious pavement other than vehicle and pedestrian approaches, nor be dual purposed as a storm water mitigation area. The applicant shall apply for the easement through the Public Works Department with necessary fees, a recent copy of a title report, closure calculations and sketch. The property owner is responsible for the upkeep of the trees, landscaping and irrigation within the easement area.

81. Tree Planting: Any nursery stock tree planted without inspection and approval by the Recreation and Parks Department shall be deemed defective and be removed by the person(s) responsible for the planting at their own expense. All plant material shall not be root bound or contain girdling roots. Street tree location(s) shall be approved onsite by the Special Districts Supervisor prior to installation.

82. Landscape Plans: The street tree easement shall be clearly identified on the planting and irrigation plans. Only street trees shall be planted in the easement area. All other on -site private tree planting shall be planted behind the easement area. The following shall be noted on the landscape plan: "the final locations of street trees shall be determined on -site by the Special Districts Supervisor.

Twenty -four-hour notice is required for inspection prior to planting, (805) 925-0951 ext. 2346. Installation shall be in accordance with Recreation and Parks Department specifications."

83. Development Fees: Per the Municipal Code, several Recreation and Parks Development Fees may apply to this project.
a. Commercial Growth Mitigation $0.01 /square foot
Note: fees are reviewed annually and are subject to change.

84. Landscape District. This project will be included in the Southwest Landscape Maintenance District and Union Valley Parkway Special Benefit Zone. The signed and notarized "Petition Requesting Annexation" form is due at time of building permit issuance. It can be returned to the Recreation and Parks Department, 615 S. McClelland, Santa Maria, CA 93454.

PD2022-0017 JANUARY 16, 2024

FOXENWOOD MINI -WAREHOUSE PLANNED DEVELOPMENT PERMIT
- 20 -

NOTES:

In accordance with Section 12-35.109 of the Municipal Code, this permit is not valid until the 15th calendar day following the issuance of the permit, providing no appeal is filed; or if an appeal is filed, this permit is not valid until the effective date of the final action on the appeal.

In accordance with Section 12-35.501 of the Municipal Code, the City may modify conditions of approval of the permit, or may revoke the permit for non-compliance with any of the conditions of approval, or if any operations under the approved permit result in detriment to the public health, safety or welfare.

This permit will not be valid until the applicant and property owner have submitted signed acknowledgment of their consent to the conditions, in accordance with Section 12-35.109 of the Santa Maria Municipal Code, to the Planning Division of the Community Development Department.

In accordance with Section 12-35.501 of the Municipal Code, this permit shall become null and void if the development authorized is, or has been, unused, abandoned, discontinued, or development has not commenced within a period of three (3) years. However, the approval body may consider extensions of time for additional periods of up to two (2) years each, for a maximum overall permit life of seven (7) years. A written request justifying the need and the appropriate filing fee filed with the Community Development Department shall be submitted prior to the expiration date.

Failure to comply with any of the conditions stated above may be cause for revocation or modification of this permit, in addition to any other penalties provided by law.

All conditions of approval are to be completed prior to occupancy unless otherwise stated and are to be maintained in perpetuity.

PD2022-0017 JANUARY 16, 2024

FOXENWOOD MINI -WAREHOUSE PLANNED DEVELOPMENT PERMIT
-21 -

ATTACHMENT E

PROJECT DESCRIPTION

SELF STORAGE PLANNED DEVELOPMENT PERMIT
PERSPECTIVE VIEW - Project Entry

VICINITY MAP PROJECT DIRECTORY
OWNER:

PLANNING:

THE APPLICANT IS REQUESTING A PLANNED DEVELOPMENT PERMIT TO ALLOW FOR A SELF -STORAGE FACILITY ON 5.05 ACRES ON THE SOUTH- WEST PORTION OF THE WESTERN PARCEL. THE SELF -STORAGE FACILITY WILL INCLUDE ABOUT 100,000 SF OF INDOOR STORAGE UNITS AS WELL MN:

AS A 1,450 SF OFFICE AT THE ENTRANCE OF THE FACILITY.

PLANS ALSO INDICATE FUTURE AIRPORT COMMERCIAL ON THE RE-

MAINING PORTION OF THE SITE ALONG FOXENWOOD FRONTAGE IN FRONT OF THE SELF -STORAGE FACILITY. PLANNED DEVELOPMENT AP-

PLICATION WILL COME FORWARD TO THE PLANNING COMMISSION IN

THE FUTURE FOR THIS DEVELOPMENT WHEN SPECIFIC PROJECT PLANS HAVE BEEN DEVELOPED. SIMILARLY, THE EAST SIDE OF FOXENWOOD WHICH IS CALLED OUT ON THE SITE PLAN AS "AIRPORT COMMERCIAL"

AND FUTURE DEVELOPMENT WILL BE PROCESSED THROUGH A FUTURE

PLANNED DEVELOPMENT APPLICATION
ARCHITECT:

LANDSCAPE ARCHITECT:

CIVIL ENGINEER:

PROJECT ADDRESS:

G3 LLC

RRM DESIGN GROUP
3765 S. HIGUERA STREET, SUITE 102
SAN LUIS OBISPO, CA 93401
CONTACT: PAM RICCI
PHONE: (805)-543-1794
EMAIL: [email protected]

RRM DESIGN GROUP
3765 S. HIGUERA STREET, SUITE 102
SAN LUIS OBISPO, CA 93401
CONTACT: DARIN CABRAL
PHONE: (805)-543-1794
EMAIL: [email protected]

RRM DESIGN GROUP
3765 S. HIGUERA STREET, SUITE 102
SAN LUIS OBISPO, CA 93401
CONTACT: CHRIS DUFOUR
PHONE: (805)-543-1794
EMAIL: [email protected]

RRM DESIGN GROUP
3765 S. HIGUERA STREET, SUITE 102
SAN LUIS OBISPO, CA 93401
CONTACT: ROBERT CAMACHO
PHONE: (805)-543-1794
EMAIL: [email protected]

FOXENWOOD LANE
SANTA MARIA, CA 93458
111-321-011

PROJECT STATISTICS
PARKING: SELF -STORAGE
ZONING:

CURRENT USE:

PARCEL SIZE:

M-1-PF-A, LIGHT MANUFACTUR-

ING -PUBLIC FACILITIES -AIRPORT
VACANT

8.41 ACRES: 5.05 ACRES (SELF STOR-
AGE) + 3.36 (FUTURE COMMERCIAL

DEVELOPMENT)

BUILDING GROSS AREA
STORAGE 100,000 SF
STORAGE OFFICE 1,450 SF
MIN. LANDSCAPE COVERAGE

LANDSCAPE AREA
MAX. ALLOWED HEIGHT:
35'-0"
MAX. PROPOSED HEIGHT: 25'-0"

YARD SETBACKS

FRONT -BUILDING (FOXEN-
WOOD)
FRONT -PARKING 20'

REQUIRED
30'
STREET SIDE 20'

OCCUPANCY
CONSTRUCTION TYPE:

SIDE 10'
S -1/B
VB

PROPOSED
53'-7"
20'
20'-7"
0'
CODE REQUIREMENT: MINI -WAREHOUSES SHALL PROVIDE ONE (1 ) SPACE FOR EACH TEN (10) STORAGE CUBICLES EQUALLY DISTRIBUTED THROUGHOUT THE STORAGE AREA. FIVE (5) SPACES TO BE LOCATED IN

CLOSE PROXIMITY TO THE PROJECT OFFICE FOR THE USE OF PROSPEC- TIVE CLIENTS; TWO (2) COVERED SPACES ARE REQUIRED FOR AN ON - SITE MANAGER'S DWELLING UNIT.

PARKING PROVIDED: FIVE (5) SPACES ARE PROVIDED AT THE FRONT OFFICE. THERE IS NOT AN ON -SITE MANAGER'S DWELLING. PARKING

AISLES PROVIDE SUFFICIENT AREA FOR CLIENTS USING THE FACILITIES TO TEMPORARILY PARK. SEE CALCULATIONS.
704 STORAGE UNITS / 15 UNITS PER PARKING STALL = 47 PARKING

STORAGE UNIT STATISTICS

UNIT SIZE & AREA
12X30 (360 SF)
10X20 (200 SF)
10X15 (150 SF)
10X10 (100 SF)
5X10 (50 SF)
5X5 (25 SF)
TOTAL
47 144
159
265
60 29
TOTAL 704
rrm I ORCUTT SELF STORAGE - ENTITLEMENTS
111:Trio,' TITLE SHEET

SHEET INDEX
T1 TITLE SHEET
A2 ARCHITECURAL SITE PLAN
A3 ENLARGED SITE PLAN - SELF -STORAGE
A4 BUILDING ELEVATIONS
A5 PROJECT PERSPECTIVES
A6 ENLARGE FLOOR PLAN - OFFICE
A7 COLOR & MATERIALS BOARD
A8 PRELIMINARY GRADING & SWMP
A9 PRELIMINARY GRADING & SWMP - STREET CROSS SECTIONS
A10 PRELIMINARY UTILITIES & SITE PLAN
Al 1 PRELIMINARY UTILITIES & SITE PLAN
Al2 CONCEPTUAL LANDSCAPE PLAN
A13 CONCEPTUAL PLANT & MATERIAL BOARD
A14 HYDROZONE PLAN
0156 -02 -LP 18
27 NOVEMBER 2023
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FOX ' ' OOD
,- -

SELF -STORAGE
1r
7/
//////
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AIRPORT

COMMERCIAL
(FUTURE PHASE)
rrm I ORCUTT SELF STORAGE - ENTITLEMENTS
HigdieZn i ARCHITECTURAL SITE PLAN
7 I
I
I
I
I
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'll
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1 I
0 1"=50'
0156 -02 -LP 18
27 NOVEMBER 2023
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A2

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031.
10'-0" PARKING �I
15'-0" DRIVE LANE

1.1 313
-3 1,:_

PARKING AREA, TYP

A A A A A A A A -- A A A

SELF STORAGE
rrm ORCUTT SELF STORAGE - ENTITLEMENTS
Ilirouesignp ENLARGED SITE PLAN -SELF-STORAGE
1_A._,.��-�f..J\ '....l...t��-_A�1�+'t� h.:.A. J�. i_A_ . A`1 l
TURN -AROUND.

ENLARGED FLOOR PLAN SEE
SHEET A6
0156 -02 -LP 18
27 NOVEMBER 2023
r MIN
•
A3
R

PROPOSED HEIGHT

PROJECT - SOUTH END OF FOXENWOOD
rrm
"I design
group

PROJECT ENTRY - NORTH

PROJECT ENTRY - WEST
12'-O"

PROPOSED

HEIGHT, TYP

PROJECT - UNION VALLEY PARKWAY

ORCUTT SELF STORAGE - ENTITLEMENTS

BUILDING/PROJECT ELEVATIONS
" PROPOSED HEIGH
•
•
•
•
r- OFFICE- NORTH
\)
•
C4�OFFICE - SOUTH
Orcutt

SELFSTORAGE
1,111111 11 11 11 11 11 11 1 11 1 1 1
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0156 -02 -LP 18
27 NOVEMBER 2023

rrm
rr�design
group
31'-0"
38' - 8"
30'-1"
•

STORAGE UNIT

STORAGE UNIT
17-0" MIN DRIVEWAY

EXIT GATE
1 \
/ N

ENTRANCE GATE -
VW

PERIMETER

FENCING, TYP
12'-0" MIN DRIVEWAY

ORCUTT SELF STORAGE - ENTITLEMENTS

ENLARGED FLOOR PLAN - OFFICE

STORAGE UNIT

RESTROOM
V° F
U

RESTROOM
OFFICE
1243 SF
0 o
0 0
4 1
0 In
1/4" = 1'-0" (24X36 SHEET)
0 8 16 32
1/8" = 1'-0" (12X18 SHEET)
0156 -02 -LP 18
27 NOVEMBER 2023

COLOR AND MATERIALS BOARD

METAL SIDING METAL SIDING ACCENT AND TRIM

MCELROY MCELROY MCELROY
COLOR: IVORY COLOR: AUTUMN RED COLOR: BRITE WHITE
rrm I ORCUTT SELF STORAGE - ENTITLEMENTS
HE,T,'Z' COLOR AND MATERIAL$ BOARD
(I-3

WINDOWS AND DOOR
COLOR: BONE WHITE
0156 -02 -LP 18
27 NOVEMBER 2023

PROJECT STATISTICS
D
126 UN ON \ALLEW

PAW WAY ROW
/PER SANTA MARIA

AIRPORT BUSINESS PARK
SPE?IFIC PLAN
326
327
.1
\'3,
L
326.25
II I
I I
II
Hr
1 391.33
1 326.43 TC
325.93 FL

FOXENWOOD LAN
//
V8./O_,
FL
318.78
FL
318.91
FL

9.04 FL
3/-
- VALLEY GUTTER TYP.

PIA AR IIFF
zllstA�Ik[
j7LiLr
317.18 Td
312.25 INV
317.13 TG
308.94 INV
317.:8
LFF

17.62 LFr
i
318.12ILFF
--r
3 318.68
LFF
318.62
LFF
31838
LFF
320.43
322.2
FG
322.2
FG
322.78 RIM
314.78 INV
G 326.34 TC
SS 3 325.84 FL
318
31719TG

SIG LINV
31826
LFF
318.C1
LFF

17.76 LFF--
3 319.C1
LFF
318.76
L=F
318.51
LFR
319.13 LFF
31i8.88 LFF

VALLEY GUTTER
318.
3 LFF
317
317.45 TG -
315.'0 irvV
44 FL
319.
.5 LFF
318
75 1
LFF
i
318.50
I
LFF
318.25
I
i
LFF
•
3 9.50 Lk

18.00 LFF-
327
319.5 LFF
319.16
319.29 FS
FS 322.1
FG
VALLEY GUTTER TYP.
3119.00 LFF
318.91
SS
326.22 TC
325.72 FL -326
322.49 INV
1d75ILFI;
318.66
FS
322.1
rOMMSNr-.-'- %t, T 1_ -
18! 501 LFd
318.41
322.1 322.0
FG FG
J
r
CAP
(A) EXISTING CONDITION
PROJECT AREA: 1,266,354 SF or 29.07AC
PERVIOUS AREA: 1,215,526 SF or 27.90 AC
IMPERVIOUS AREA: 50,828 SF or 1.17 AC
(B) PROPOSED IMPROVEMENTS
EN!
PAVING AREA: 164,476 SF
BUILDING: 99,477 SF
HARDSCAPE: 28,110 SF
TOTAL IMPERVIOUS: 292,063 SF OR 6.7 AC
(C) PROPOSED TREATMENT
WATER QUALITY (RD. + WEST SIDE): 24,584 CF
FLOOD CONTROL BASIN (ALL DMA's): 119,206 CF
ras
e..�.seism
rrm
rr p design
group

GRADING VALUES
LIMITS OF WORK: 29.07 AC

CUT AND FILL VALUES
SURFACE CUT: - 23,638 CY
SURFACE FILL: + 12,183 CY
HOLD DOWNS (ROADS CUT): - 57,683 CY
TOTAL (CUT): 69,128 CY (OFFHAUL)

DMA DESIGNATION
3118.25 LFF
318.16
FS
322.0_
FG
3 7.57
181.001 LF
7 316.95
317.30
VALLEY GUTTER TYP.

N. 314.97 TG
316.19
VALLEY GUTTER TYP.
308.78 INV
�S1/.33
1 -317.76
LFf
317.50
LrF

17.2611LFF

17.00 LFf
1316.76
LFF
316.50
LFF--
317.64
- VALLEY GUTTER TYP.
_,_
,_
316.63LF
1 4
4 .8
LFF
317.62
LFF
317.38LF=
317.12
LFF
316. 8L F
r
VALLEY GUTTER TYP.

I FL L
..
,
I
,
I I
y
317.00
18,00
LFF
317.75
L=F
31750
LFF
317.25
LFF
LcF
316.75
LFF-r
FS FS
321.9
FG FG
SD
325.34 TC
- 324.84 FL
r.

DMA 1 - WEST SIDE
▪ DMA 2 - FOXENWOOD LANE
• • DMA 3' - EAST SIDE (FUTURE DEVELOPMENT)
DMA 4 - TERMINAL BASIN
■----- LIMIT OF WORK
325.37
317.66
317.91
32 321.8
FG FG
N

7.50 FF
317.41
317.00
317.16
\ 316.55
321.7, FS

FG FS FG
323.12 TC 322.65 TC --
322.62 FL 322.15 FL
1 317.97 INV
o _
3 7.24 TC
316.74 FL
3 7.23 TC
316.73 FL
317.29 TC
316.79 FL
317.25 TC
316.75 FL
317.41 RIM
311.41 INV
\ 317.82 TC
317.58 TC 317.32 FL
317.08 FL
316.75
318.00 TC
317.50 FL
7-
N
317.02 TC
31652 FL
Co
314.84 TG
308.70 INV
315.71 TG
310.88 INV
309.20 INV
316.00 TG
311.75 INV
309.45 INV
316.I2TG
311.87 INV
VALLEY GUTTER TYP.
/ / /
313.50 TG
307.84 INV (
x x nJ.I.J�/�h�J.l•-3�-- tin Ml. :
nelne-na =anal
309.70 INV
316.25 TG
312.00 INV
309.93 INV
316.29 TG
312.04 INV
317.13TC
316.63 FL
317.25 TC
316.75
.13TCFL
317.13 TC
316.63 FL
317.17TC
316.67 FL \\:\
317.25 TC
1, /316.75FL
316.71 RIM
310_96 INV
ci
317.25 TC
316.75 FL
C
315.56 TC =} SS
315.06 FL)S
-

FUTURE DEVELOPMENT
BR
305.75 INV

WESTSIDE WATER QUALITY
BASIN VOLUME = 28,440 CF
PONDING DEPTH = 2 FT
310.10 INV

SPILLWAY

REQUIRED STORMWATER CONTROL MEASURES

TERMINAL BASIN VOLUME
= 119,736 CF or 2.75AC-FT
PONDING DEPTH = 2FT
r
304.75 INV
DMA
Total Area
(SF)
Reduced
Impervious
Area Credit
(SF)
Replaced
Impervious
Area (SF)
New
Impervious
Area (SF)
Net
Impervious
Area (SF)
Total
Impervious
Area (SF)
Total
Pervious
Area (SF)
i
C
Required
85th
Percentile
Volume
(CF)
Required
95th
Percentile
Volume
(CF)
Required
Storage
Volume
(CF)
Provided
Storage
Volume
(CF)
Required
Detention
Volume DR -15
(CF)
Required
Detention
Hydrograph
(CF)
SB Flood
Control Basin
Design Min.
(0.1•DA)
1 354814
0 0
209336
209336
209336
145478

0.59 0.40
6301
9802
9802
28440
18096
38966
35481
2 125550
0 50828
32429
83257
83257
42293

0.66 0.46
2875
4473
4473
5452
6403
9103
12555
3 600845
0 0
547853
547853
547853
52992

0.91 0.75
30721
47788
47788
46800
30643
71137
60085
4 184406
0 0
0 0
0 184406

0.00 0.04
0 0
0 0
N/A
N/A
N/A
Total:
1265615
0 50828
789618
840446
840446
425169
39898
62063
62063
I 80692
55142
119206
108121

ORCUTT SELF STORAGE - ENTITLEMENTS

PRELIMINARY GRADING & SWMP
I
304.75 INV
312.82 TC
312.32 FL_
311.95 TC-
311.45 FL
308.22 INV
co
VALLEY GUTTER TYP.
l0
0 0 °
O
K
308.04 TG
306.04 INV
307.79 INV
I
I
VALLEY GUTTER TYP. =
/
76 FOSTER

PER SA ROAD
AIRPORT Bu A IAR A
SPRC'RC p(�NPARK

ROAD WATER QUALITY BASIN
VOLUME = 5,452 CF
PONDING DEPTH = 0.5 FT
1 0
m
0 .1
/ 1/
160' MIN INSCRIBED CIRCLE DIAMETER
(MEETS NCHRP 672, CHAPTER 6 FOR

MULTILANE ROUNDABOUTS)
ACCOMMODATES WB-67 TRUCKS

APPROXIMATE ROUNDABOUT GEOMETRY

AND FOOTPRINT FOR A POTENTIAL FUTURE
MULTILANE ROUNDABOUT PER NCHRP 672,
CHAPTER 6 - NOT A PART OF THIS PROJECT
TIER 1- RUNOFF REDUCTION
• ROOF DRAIN DISCONNECT
• MINIMIZE IMPERVIOUS AREAS
TIER 2 - WATER QUALITY (85th PERCENTILE = 0.9")
• ON -SITE RETENTION -BASED INFILTRATION
TIER 3 - RETAIN 95TH PERCENTILE STORM EVENT (1.4")
• PAVERS FOR RETENTION AND INFILTRATION OF THE 95TH VOLUME • RETENTION BASIN FOR ROAD RUNOFF
TIER 4 - PEAK MANAGEMENT
• THE TERMINAL BASIN IS SIZED TO MITIGATE REQUIRED PEAK FLOWS DISCHARGED FROM THE PROJECT. THE SITE DISCHARGE SHALL NOT EXCEED PRE -PROJECT PEAK FLOWS FOR THE 2 -YEAR THROUGH
100 -YEAR STORM EVENTS.
0 "=501
50 100 150 feet
0156 -02 -LP 18
27 NOVEMBER 2023
A8

0 1r -i Y 1I T
Tl- 1r l- 1r 1r 1- -r r 1r 1- 1r v ,r rr 1r 1r v ,r ,r 1r v r 1r 1r 1r 1r 1r 1r

FOXEN OOD
LANE

SELF -STORAGE
I
0 44
y4f
'
0 0
C
r
d
1 1
C
ZZ
x/
/
/7/7/
/ / /
/ /
l

FUTURE PHASE I

AIRPORT

COMMERCIAL
(FUTURE PHASE)
rrm ORCUTT SELF STORAGE - ENTITLEMENTS
HIdesign CONCEPTUAL LANDSCAPE PLAN
group
31i
C
1 I
I
8 0
I
I
I
I
I
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I
r
I
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DESIGN KEY
® WESTSIDE QUALITY WATER BASIN
I
R.O.W. PLANTING

ENTRY PLANTING

LANDSCAPE BUFFER PLANTING

EXISTING TREES

WILDFLOWER -GRASS SEED AREA

STORM WATER BASIN

DECORATIVE PAVING AT ENTRY
4:1 LANDSCAPE BERM TO SCREEN PARKING
7 FT METAL PICKET FENCING (BLACK)

GENERAL NOTES
I. PLANTING PLANS ARE DIAGRAMMATIC AND PLANT SCHEDULE
SHALL BE USED AS A GUIDE ONLY. DRAWINGS ARE FOR REVIEW

ONLY AND SHALL NOT BE USED AS CONSTRUCTION
DOCUMENTS.

2. ALL STRUCTURAL AND HARDSCAPE IMPROVEMENTS SHALL BE
CONSTRUCTED AND FINISHED AHEAD OF PLANTING.

3. ALL WORK ON THE IRRIGATION SYSTEM INCLUDING

OPERATIONAL TESTS, AND BACKFILLING OF TRENCHES SHALL BE COMPLETED AHEAD OF PLANTING.

4. TREES SHALL BE INSTALLED NO CLOSER THAN TEN (10) FEET FROM UTILITIES. TREES TO BE PLANTED WITHIN FIVE (5) FEET OF HARDSCAPE. UTILITIES, WALLS, OR STRUCTURES SHALL BE
INSTALLED WITH A ROOT BARRIER.

5. ALL PLANTING AREAS TO RECEIVE 3" THICK MIN. BARK MULCH.

6. SOIL SHALL BE AMENDED PURSUANT TO AN AGRONOMIC SOILS REPORT, WITH INFILTRATION RATES, PRIOR TO PLANTING.

7. ALL PLANT MATERIAL SHALL CONFORM TO THE CITY OF SANTA

MARIA OR STATE OF CALIFORNIA MODEL WATER
CONSERVATION ORDINANCE.

8. ALL PLANTING AND IRRIGATION SHALL BE INSTALLED PER THE CITY OF SANTA MARIA STANDARDS AND CODES.

9. TREES ARE TO BE SELECTED FROM THE CITY OF SANTA MARIA APPROVED TREE LIST AND LOCATED BY CITY ARBORIST.
0 1"=50'
50 100 150 feet
0156-02-19 18
27 NOVEMBER 2023
A1 2

PLANT SCHEDULE
TREES

SHRUB AREAS
ft ac

BOTANICAL NAME

ARBUTUS X 'MARINA'

BAUHINIA VARIEGATA

GLEDITSIA TRIACANTHOS INERMIS

KOELREUTERIA PANICULATA

LAGERSTROEMIA INDICA X FAURIEI 'ZUNI'

PISTACIA CHINENSIS

PLATANUS X ACERIFOLIA

QUERCUS AGRIFOLIA

ULMUS PARVIFOLIA 'TRUE GREEN'

EVERGREEN

BOTANICAL NAME
BASINS AND SWALES:

JUNCUS 'ELK BLUE', ELK BLUE JUNCUS

LEYMUS 'CANYON PRINCE', CANYON

PRINCE WILD RYE

CAREX PRAEGRACILIS, CALIFORNIA FIELD
SEDGE
SCREENING SHRUBS (5 GAL)

ARCTOSTAPHYLOS D 'HOWARD MCMINN'
CALLISTEMON V. 'LITTLE JOHN'

CEANOTHUS SPECIES
DODONAEA V. 'PURPUREA'

HETEROMELES ARBUTIFOLIA

LEPTOSPERMUM SPECIES
ENTRY PLANTING:

CHONDROPETALUM TECTORUM, SMALL

CAPE RUSH

PHORMIUM ' DARK DELIGHT', NEW

ZEALAND FLAX

AGAVE' BLUE GLOW', BLUE GLOW
AGAVE

ALOE STRIATA, CORAL ALOE

CALANDRINIA GRANDIFLORA, ROCK

PURSLANE

COMMON NAME CONT WUCOLS
ARBUTUS 24"BOX LOW
PURPLE ORCHID TREE 24"BOX MODERATE
THORNLESS HONEY LOCUST 24"BOX LOW
GOLDEN RAIN TREE 24"BOX LOW
ZUNI CRAPE MYRTLE 24"BOX MODERATE
CHINESE PISTACHE 24"BOX LOW
LONDON PLANE TREE 24"BOX MODERATE
COAST LIVE OAK 24"BOX LOW
TRUE GREEN LACEBARK ELM 24"BOX MODERATE

COMMON NAME CONT WUCOLS SPACING

MANZANITA

BOTTLEBRUSH

WILD LILAC

HOPSEED BUSH
TOYON

TEA TREE
5 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
5 GAL LOW
QTY
19 3
6 13
4 6
6 36
22 SHRUB AREAS

BOTANICAL NAME

COMMON NAME
R.O.W. PLANTING:

AGAVE 'BLUE FLAME', BLUE FLAME
AGAVE

AGAVE ATTENUATA, FOXTAIL AGAVE

EUPHORBIA RIGIDA, YELLOW SPURGE

SENECIO MANDRALISCAE, BLUE

CHALKSTICKS

ERIGERON GLAUCUS, SEASIDE DAISY

FESTUCA 'ELIJAH BLUE', BLUE FESCUE

COTONEASTER DAMMERI 'LOWFAST',

BEARBERRY COTONEASTER

TRACHELOSPERMUM JASMINOIDES, STAR

JASMINE

BOUTELOUA GRACILIS, BLUE GRAMA

WESTRINGIA FRUTICOSA 'GREY BOX',

COASTAL ROSEMARY

LIRIOPE MUSCARI 'SILVERY SUNPROOF',

LILYTURF

ACHILLEA MILLEFOLIUM 'MOONSHINE',
YARROW

LAVANDULA STOECHAS, LAVENDER

BULBINE FRUTESCENS 'HALLMARK',

BULBINE
BUFFER PLANTING:

OLEA 'LITTLE OLLIE', LITTLE OLLIE

CALLISTEMON 'LITTLE JOHN', LITTLE JOHN

BOTTLEBRUSH

ROSMARINUS 'ROMAN BEAUTY', ROMAN
BEAUTY

ARTEMISIA 'POWIS CASTLE',

WORMWOOD

ROSA 'ICEBERG', ICEBERG ROSE

TEUCRIUM 'AZUREUM', BUSH GERMANDER

MUHLENBERGIA RIGENS, DEER GRASS

LOMANDRA LONGIFOLIA 'BREEZE',

DWARF MAT RUSH
SCREEN/VINE PLANTING:

LARGE SHRUBS

FICUS PUMILA, CREEPING FIG

ABUTILON PALMERI, INDIAN MALLOW

ARCTOSTAPHYLOS MANZANITA,

COMMON MANZANITA

CEANOTHUS 'DARK STAR', DARK STAR

CEANOTHUS

PITTOSPORUM TENUIFOLIUM 'SILVER

SHEEN', SILVER SHEEN KOHUHU

GROUND COVERS BOTANICAL NAME

WILDFLOWER MEADOW SEED MIX

COMMON NAME

CONT WUCOLS SPACING

CONT WUCOLS SPACING QTY
Bauhinia variegate
Platanus x acerfolia
Arbutus `Marina'
Gleditsia triacanthus
Agave 'Blue Flame'
Euphorbia rigida
Aloe striata
Olea `Little 011ie'
Artemisia `Powis Castle' Teucrium 'Azureum'
Senecio mandraliscae
Bouteloua gracilis
Achillea 'Moonshine'
Lavandula stoechas
rrm ORCUTT SELF STORAGE - ENTITLEMENTS
'�� design CONCEPTUAL PLANT & MATERIAL BOARD
group
237,917 SF
237,917 SF

TREE UPLIGHTING
7' METAL PICKET SECURITY FENCING,
COLOR; BLACK, STYLE TO MATCH PHOTO
, ,
ji ; I �
/ ! _ 1 l 1
7 1=1 LEL'
77-111--s-Sti-
j____ `�
i

DECORATIVE PAVING AT ENTRY

LIGHTING

1. PLANT IMAGERY SHOWN IS REPRESENTATIVE ONLY. FINAL SELECTIONS MAY VARY.

2. EACH PLANT IS CLASSIFIED AS VERY LOW (VL), LOW (L), MEDIUM (M),

OR HIGH (H) WATER -USE FOR ITS CLIMATIC REGION ACCORDING TO

THE WATER USE CLASSIFICATION OF LANDSCAPE SPECIES (WUCOLS) Calandrinia grandiflora
Muhlenbergia rigens
Lomandra 'Breeze'
Ficus pumila
Leymus 'Canyon Prince' Carex praegracilis
0156 -02 -LP 18
27 NOVEMBER 2023
A1 3

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, APPROVING PLANNED DEVELOPMENT

PERMIT FOR A MINI -WAREHOUSE FACILITY WITHIN A PD/M-
1/PF-A (PLANNED DEVELOPMENT/LIGHT

MANUFACTURING/PUBLIC FACILITIES) ZONE DISTRICT OF

THE SANTA MARIA AIRPORT BUSINESS PARK SPECIFIC PLAN,

LOCATED AT THE NORTHWEST CORNER OF ORCUTT
EXPRESSWAY (HIGHWAY 135) AND UNION VALLEY PARKWAY
(PD2022-0017).

WHEREAS, the applicant, G3, LLC, initiated a Planned Development Permit application for a mini -warehouse development within the Santa Maria Airport Business Park Specific Plan's (the "Specific Plan") PD/LI/PF-A zone, herein referred to as the Project; and
WHEREAS, the Planning Commission of the City of Santa Maria held a duly noticed public meeting on December 6, 2023, to review the Planned Development Permit; and
WHEREAS, on December 6, 2023, with a 3-0-2-0 vote, the Planning Commission made its recommendation by motion that the City Council approve the proposed Planned Development permit as conditioned; and
WHEREAS, a duly noticed public hearing was held on the Planned Development Permit by the Santa Maria City Council on January 16, 2024; and WHEREAS, the Santa Maria City Council made no modification of the proposed Planned Development Permit which had been previously considered by the Planning Commission; and
WHEREAS, the City Council of the City of Santa Maria has reviewed the mini - warehouse Planned Development Permit project in accordance with the application submitted and hereby makes the required findings in accordance with Section 12-35.203 of the Municipal Code, including the following:

C. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use, because the project site is within the area of the adopted Santa Maria Airport Business Park Specific Plan, and accesses Foxenwood Lane which will provide for the integration into the infrastructure, circulation, and service network of the City to ensure this project site and the surrounding area have adequate traffic circulation;
D. That the proposed use will have no adverse effect upon abutting properties, as the project site and adjacent sites are vacant parcels, and the five -acre project site is adequately sized to accommodate the proposed use. The proposed landscaping and site improvements are sited and designed to adequately adapt the project to the surrounding land uses, and the project is designed to conform with the policies and development standards of the Santa Maria Airport Business Park Specific Plan;
E. That the establishment, maintenance and/or conducting of the use for which the planned development review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood, because the project is a low intensity mini -warehouse use designed to be compatible with existing and future adjacent land uses through conformance with the policies and development standards of the Specific Plan. The proposed use is not inconsistent with the character of the neighborhood or contrary to its orderly development, because the mini -warehouse use is a use identified for the PD/M-1/PF-A zone of the project site and is designed to conform with the Specific Plan development and design standards;
F. That the conditions stated in the decision are necessary to protect the public health, safety and general welfare;
G. The proposed modification to reduce the amount of required parking for the storage units FROM 1 space for every 10 storage units (71 parking spaces required) TO 1 space for every 15 storage units (47 parking spaces required) is justified by the analysis using the Institute of Traffic Engineers trip generation rates for the mini -storage use, and the project is otherwise consistent with the General Plan, Municipal Code and Specific Plan;
H. The project includes superior design elements, including varying wall planes and roof heights, tower like elements, decorative fencing, stone wainscot, perimeter landscape, that together mitigate or compensate for any potential impact of the proposed modification(s) on the surrounding area;
The proposed modification(s) are essential to the design of the project as the reduced parking requirement reduces the amount of paved area, providing a better balance of building to paved site;

J. The proposed modification(s) have been minimized to the maximum extent possible consistent with Subsections (a) through (c) of Section 12-35.203 of the Municipal Code, as the requested ratio of one parking space for every 15 storage units is not nearly as low of a parking ratio that could be argued by the results of the parking analysis, but will still provide adequate parking for storage unit customers; and
K. A Supplemental Environmental Impact Report (SEIR) had been certified for the 2021 Specific Plan amendment, as a supplement to the Programmatic EIR (State Clearinghouse [SCH] No. 2005051172) certified by the City in June 2007 for the Santa Maria Airport Business Park Specific Plan. Considering the adequacy of the previously adopted SEIR, staff has concluded that in accordance with the provisions of CEQA section 15162:
• There are no substantial changes which have occurred in respect to the circumstances under which the project will be undertaken. • There is no new information regarding potential significant effects that have come to light in the review of the proposed project; and • The project does not involve any new significant environmental effects not otherwise addressed in the previously adopted SEIR and mitigation monitoring program.

Therefore, the project was adequately covered in the previously adopted Supplemental Environmental Impact Report (SCH# 202007005) and no further environmental review is necessary.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The above recitals are true and correct and incorporated herein by reference.

2. The City Council hereby approves the Planned Development Permit (PD2022-0017) for a 101,450-square-foot-Mini-Wharehouse Facility on a five acre site within a PD/M-1/PF-A (Planned Development/Light Manufacturing/Public Facilities) Zone District of the Santa Maria Airport Business Park Specific Plan, as set forth on Attachment D of the Council Agenda Report dated January 16, 2024, incorporated herein by reference.

3. The Assistant City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Assistant City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 16th day of January 2024.

ATTEST:

Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,

CALIFORNIA, AMENDING THE SANTA MARIA AIRPORT BUSINESS PARK SPECIFIC PLAN TO: 1) AMEND THE USES OF THE PLANNED

DEVELOPMENT/LIGHT INDUSTRIAL/PUBLIC FACILITIES - AIRPORT (PD/LI/PF-A) ZONE DISTRICT, AND 2) MODIFY THE FOXENWOOD LANE

ROADWAY DESIGN, LOCATED AT THE NORTHWEST CORNER OF
ORCUTT EXPRESSWAY (HIGHWAY 135) AND UNION VALLEY PARKWAY (SPZ2022-0001)
WHEREAS, the applicant, G3, LLC, initiated a Specific Plan Amendment (SPZ2022-0001) to modify the Santa Maria Airport Business Park Specific Plan's (the "Specific Plan") PD/LI/PF-A zone designation uses, and to modify the Foxenwood Lane street section, herein referred to as the Project; and
WHEREAS, the Specific Plan was prepared in accordance with all applicable statutory requirements of the California Government Code (Sections 65450 through 65457); and
WHEREAS, Section 12-19.05. of the Santa Maria Municipal Code requires the City Council to grant all approvals of Specific Plans in the City and that each Specific Plan shall be adopted by a Resolution declaring General Plan consistency, and by an Ordinance declaring zoning consistency; and
WHEREAS, a Supplemental Environmental Impact Report (SEIR) had been certified for the 2021 Specific Plan amendment, as a supplement to the Programmatic EIR (State Clearinghouse [SCH] No. 2005051172) certified by the City in June 2007 for the Santa Maria Airport Business Park Specific Plan; and WHEREAS, Considering the adequacy of the previously adopted SEIR, staff has concluded that in accordance with the provisions of CEQA section 15162:
• There are no substantial changes which have occurred in respect to the circumstances under which the project will be undertaken • There is no new information regarding potential significant effects that have come to light in the review of the proposed project; and
• The project does not involve any new significant environmental effects not otherwise addressed in the previously adopted SEIR and mitigation monitoring program.
and therefore, the project was adequately covered in the previously adopted Supplemental Environmental Impact Report (SCH# 202007005) and Mitigation Monitoring Program pursuant to California Environmental Quality Act State Guidelines Section 15162, and no further environmental review is necessary; and WHEREAS, the Planning Commission of the City of Santa Maria, at the regularly scheduled public hearing on December 6, 2023, with a 3-0-2-0 vote, made its recommendation in writing that the City Council:
1) amend the text of the Santa Maria Business Park Specific Plan's PD/LI/PF-A zone by the addition of a definition of "Heavy Retail Business", and the

addition of the "Heavy Retail Business" use to the zone's list of permitted uses, as depicted on Attachment B of the Council Agenda Report dated January 16, 2024, incorporated herein by reference; and
2) amend the Specific Plan's Foxenwood Lane street section design (Specific Plan Exhibit 39a) as depicted on Attachment C of the Council Agenda Report dated January 16, 2024, incorporated herein by reference; and WHEREAS, a duly noticed public hearing was held on this amendment to the Santa Maria Airport Business Park Specific Plan by the City Council on January 16, 2024; and
WHEREAS, the City Council made no substantial modification of the proposed amendment to the Santa Maria Airport Business Park Specific Plan which had not been previously considered by the Planning Commission; and
WHEREAS, the City Council considered all written and oral testimony; and WHEREAS, the City Council considered and relied on the Planning Commission's recommendation in making its decision on the amendment to the Santa Maria Airport Business Park Specific Plan.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The above recitals are true and correct and incorporated herein by reference.

2. The City Council finds that:
a) The proposed project is consistent with applicable goals, objectives, policies, and programs of the General Plan.

The PD/LI/PF-A zone exists only within the Specific Plan and only on the approximately 8.4 acres at the northwest corner of Orcutt Expressway (Highway 135) and Union
Valley Parkway. The proposed project modifies the text of the Specific Plan's PD/LI/PF-A zone by the addition of a definition of "Heavy Retail Business", and the addition of the "Heavy Retail Business" use to the zone's list of
permitted uses.
b) The proposed project modifies the Specific Plan's
Foxenwood Lane street section to better accommodate
the expected multi -modal circulation demands generated by the development of adjacent properties under the
Specific Plan's existing land use designations.
c) The modifications are to better serve and attract
community -serving businesses that complement the
surrounding airport and residential land uses and which will enhance the economic vitality of the Airport and City. 2 d) The proposed project would not adversely affect the public health, safety, and welfare, or result in an illogical land use pattern because the "Heavy Retail Business" is a use that similar to the other uses permitted in the PD/LI/PF-A zone a designation which is only found on approximately 8.4
acres and only within the Specific Plan, the zone includes the Planned Development overlay necessitating
discretionary review of future applications for the
development of the site. The Specific Plan will continue to provide for adequate screening, buffering, and transition between land uses, and the adopted Mitigation Monitoring Program provides mitigation to reduce potential impacts to adjacent residential neighborhoods to a less than
significant level.
e) The policies and development standards of the Specific Plan, including the Foxenwood Lane street section
redesign, will provide for the integration of all future development into the infrastructure, circulation, and
service network of the City to ensure this project site and the surrounding area have adequate traffic circulation; therefore, any future project is afforded the appropriate services and facilities in that all infrastructure is adequately planned for and required as a condition of development, or is currently available to serve the project site.
f) The proposed project supports the general welfare in that the proposed additional use and Foxenwood Lane
redesign integrates into the Specific Plan's established mix of commercial, light industrial, open space, and public facility land uses and zone designations to meet the future demands of the community.
g)
The proposed project is compatible with the purpose and intent of the adopted Specific Plan and will not adversely affect the public health, safety, and welfare, resulting in an illogical land use pattern, or create internal inconsistencies within the Specific Plan; and
h) The proposed project will promote the growth of the City in an orderly manner and will promote and protect the public health, safety, comfort, and general welfare consistent with the purpose of Title 12 of the City of Santa Maria Municipal Code.

3. The City Council of the City of Santa Maria approves an amendment to the Santa Maria Airport Business Park Specific Plan to replace the existing Foxenwood Lane Street Section (Specific Plan Exhibit 39a) with the redesigned street section provided as depicted on Attachment C of 3 the Council Agenda Report dated January 16, 2024, incorporated herein by reference.

4. The City Council of the City of Santa Maria approves an amendment to the Santa Maria Airport Business Park Specific Plan to add the definition of "Heavy Retail Business" and add "Heavy Retail Business" use to the list of permitted uses in the PD/LI/PF-A zone, as depicted on Attachment B of the Council Agenda Report dated January 16, 2024, incorporated herein by reference.

5. The Director of Community Development, or designee, is hereby authorized and directed to make corresponding changes to the Santa Maria Airport Business Park Specific Plan in conformity with this Resolution.

6. The Assistant City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Assistant City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 16th day of January 2024.

ATTEST:

Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager
4 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,

CALIFORNIA, AMENDING THE SANTA MARIA AIRPORT BUSINESS PARK SPECIFIC PLAN TO: 1) AMEND THE USES OF THE PLANNED

DEVELOPMENT/LIGHT INDUSTRIAL/PUBLIC FACILITIES - AIRPORT (PD/LI/PF-A) ZONE DISTRICT, AND 2) MODIFY THE FOXENWOOD LANE

NOW, THEREFORE, the City Council of the City of Santa Maria, California does ordain as follows:

SECTION 1. The above findings are true and correct and incorporated herein by reference.

SECTION 2. The City Council finds that:
a) The proposed project is consistent with applicable goals, objectives, policies, and programs of the General Plan.

SECTION 3. The City Council of the City of Santa Maria, finding the amendment consistent with the adopted specific plan and corresponding zoning noted in the plan, approves an
amendment to the Santa Maria Airport Business Park Specific Plan to add the definition of "Heavy Retail Business" and add 3 "Heavy Retail Business" use to the list of permitted uses in the PD/LI/PF-A zone, as depicted on Attachment B of the Council Agenda Report dated January 16, 2024, incorporated herein by reference.

SECTION 4. The City Council of the City of Santa Maria approves an amendment to the Santa Maria Airport Business Park Specific Plan to replace the existing Foxenwood Lane Street Section (Specific Plan Exhibit 39a) with the redesigned street section provided as depicted on Attachment C of the Council Agenda Report dated January 16, 2024, incorporated herein by
reference.

SECTION 5. If any part or provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this ordinance are severable.

SECTION 6. This Ordinance shall be in full force and effect thirty days after its passage. Within fifteen days following its passage, the City Clerk shall cause this Ordinance to be published in a
newspaper of general circulation in accordance with State Law; or when deemed necessary due to the length or
complexity of the Ordinance, cause a summary of the
Ordinance to be prepared and published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted. If a summary is published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted, then within fifteen days after adoption of the Ordinance the City Clerk shall publish a summary of the Ordinance with the names of those City
Council Members voting for and against the Ordinance and shall post a certified copy of the full text of such adopted Ordinance along with the names of those City Council
Members voting for and against the Ordinance.

SECTION 7. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

INTRODUCED at a regular meeting of the City Council of the City of Santa Maria, California, held this 16th day of January 2024, by the following roll call vote:
4 ATTEST:

Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
Interim City Manager
5 FOR THE COUNCIL MEETING OF JANUARY 16, 2024

Fugate Trust for the Cook Street Mixed -Use Apartment Project Description:

The City Council will consider adopting a Resolution approving a Sales and Disposition Agreement between the City of Santa Maria and Brett Fugate / Burt E. Fugate Trust, which includes the sale of surplus land located at the northeast corner of Cook and McClelland Streets.

RECOMMENDATION:

BACKGROUND:

The City Council has continually identified the revitalization and redevelopment of Santa Maria's downtown area (Downtown) as a goal and priority. The City has adopted plans to establish a vision for the downtown area and developed regulations and guidelines to facilitate its redevelopment, including an update to the Downtown Specific Plan in 2015 and the adoption of the Downtown Streetscape Plan in 2019.

In accordance with the Surplus Lands Act of California (Government Code Section 54220), on October 18, 2022, the City Council declared an 11,000 -square -foot strip of city -owned land located on the north side of Cook Street, adjacent to the parking structure, as surplus land (City Council Resolution 2022-116). During the City Council deliberations, it was noted that declaring this portion of City property surplus land would facilitate the future development of the Cook Street Mixed -Use Apartment project, which in turn would

further the Downtown Specific Plan revitalization goals by adding to the downtown pedestrian activity and vibrancy.

DISCUSSION:

The Cook Street Apartments Mixed -Use Downtown Permit (DT2022-0017) was approved by the Planning Commission on November 15, 2023. The Downtown Permit entitles the applicant to construct a 52,500 -square -foot, six -story mixed -use building consisting of 104 residential units, and approximately 2,100 -square -feet of ground floor commercial space.

The approved Downtown Permit project plans for the Cook Street project are provided as Attachment A to this report. The Downtown Permit was approved contingent upon entering into an SDA with the City for the completed transfer of the 11,000 square -foot surplus City property, and for the use of the City's parking structure to meet the project's required parking.

City executive staff has been in regular discussions with Burt Fugate to discuss the terms and conditions of the SDA. Through these negotiations, and with the encouragement of the City, the applicant incorporated the ground floor commercial floor space. The Downtown permit as approved by the Planning Commission also incorporates interior and exterior amenities for the future tenants and the public transit improvements adjacent to the project on Cook Street into the.

The SDA (Attachment B) will serve as the agreement for the transfer and development of the City -owned parcel, and for the use of the City owned parking garage to satisfy the number of required parking spaces for the Cook Street Mixed -use Apartment project. The SDA also cites the incentive the City has agreed to provide to the applicant, which consists of waiving all building permit fees by 50%.

Alternative
The City Council can choose to not accept the SDA as drafted and provide further direction to staff.

Fiscal Considerations
The City would be providing significant financial incentives as part of the SDA. These incentives are intended to assist the development of this downtown project on underutilized parcels that would facilitate the City's vision of a vibrant downtown area that includes new housing, retail commercial, restaurants, and other tax -generating and employment producing opportunities. The implementation of the Fugate project would have far-reaching, long-term economic benefits through the creation of a new downtown residential use bringing added residents to the Downtown core.

Impact to the Community
The approval of the SDA is part of an implementation plan for the revitalization of the Downtown. The completion of this project would add more housing with a ground floor retail component in the Downtown. It would also continue the momentum of redevelopment in the Downtown, including on privately -owned land. 2 ATTACHMENTS
Attachment A: Cook Street Mixed -Use Development Plan
Attachment B: Sales and Disposition Agreement
3 RESOLUTION

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, APPROVING A SALES AND DISPOSITION
AGREEMENT BETWEEN THE CITY OF SANTA MARIA AND BERT E.

FUGATE, TRUSTEE OF THE BURT E. FUGATE TRUST U/D/T
04/30/1998, LLC FOR SURPLUS LAND LOCATED ON THE

NORTHEAST CORNER OF

EAST COOK STREET AND SOUTH MCCLELLAND STREET
WHEREAS, the City of Santa Maria (property owner) and Bert E. Fugate, Trustee of the Burt E. Fugate Trust U/D/T 04/30/1998, wish to enter into a Sales and Disposition Agreement (SDA) pertaining to City -owned surplus land, associated with a 6 -story mixed - use apartment development, consisting of 104 housing units and including approximately 2,100 square feet of ground -floor commercial floor area, to be located on approximately

0.44 acre of land at the northeast corner of East Cook Street and South McClelland Street (APNs: 125-320-018 and 019); and
WHEREAS, the City has adopted plans to establish a vision and develop regulations and guidelines to facilitate the redevelopment of the Downtown area (Downtown), including an update to the Downtown Specific Plan in 2015 and the adoption of the Downtown Streetscape Plan in 2019; and
WHEREAS, on October 18, 2022, through adoption of Resolution 2022-116, the City Council designated approximately 11,000 square feet of the City -owned parcel (APN 125-320-009) as surplus land, and subsequently completed Surplus Land Act requirements (Government Code Section 54221), including statutory notifications and good -faith negotiations with interested parties; and
WHEREAS, City staff worked with Fugate on project and design expectations to meet the Downtown Specific Plan's vision of a pedestrian -oriented city center, and principles of enhancing downtown identity and economic viability; and WHEREAS, a duly noticed meeting was held on the SDA by the Santa Maria City Council on January 16, 2024; and
WHEREAS, the City Council heard and considered all evidence, including evidence presented in the staff report and all written and oral comments, and considered all written and oral comments; and
WHEREAS, the City Council finds the following:
• The SDA is consistent with the goals, objectives, policies, general land uses, and programs specified in the City's General Plan.
• The SDA is compatible with the uses authorized in and the regulations prescribed in the 2015 Downtown Specific Plan.
• The SDA is in conformity with public convenience, general welfare, and good land use practice.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. That the City Council hereby approves the Sales and Disposition Agreement, substantially in the form incorporated herein by reference and attached as Attachment B to the January 16, 2024 Council Agenda Report, subject to such minor and clarifying changes consistent with the terms thereof as may be approved by the City Attorney prior to execution thereof.

2. That the City Manager and/or his designee is hereby authorized and directed to perform all acts required by the City in the administration of the Sales and Disposition Agreement pursuant to the terms of the Sales and Disposition Agreement. The City Manager, or designee, is further authorized and directed to perform all other acts, enter into all other agreements and execute all other documents necessary or convenient to carry out the purposes of this Resolution and the Sales and Disposition Agreement.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 16th day of January 2024.

Mayor
ATTEST:

APPROVED AS TO FORM:

Chief Deputy City Clerk
BY:

CITY ATTORNEY
CONTENTS:

BY:

DEPARTMENT DIRECTOR

CITY MANAGER

COOK STREET APARTMENTS

TOWN CENTER EAST

SANTA MARIA, CALIFORNIA

PROJECT DESCRIPTION
The proposed (mixed use) six -story iconic "Cook Street Apartment Building" will be located at the northeast corner of Cook Street and South McClelland Street, Town Center East in The City of Santa Maria, California.

The mixed -use building includes 2076(4-) square feet of commercial/retail area and 104 residential apartments including eight (8) studios, sixty-eight (68) one -bedroom units and twenty-eight (28) two -bedroom units. The main floor commercial/retail area provides for a manager's and administration offices and restrooms. The residential entry lobby includes a community center, meeting room, mail room and laundry room. There is also an onsite enclosed trash and recycle room with drop chutes from the five floors above.

Floor three will have a community room with access to a roof garden terrace over the Porta Cochere. Floors four and five will also have a dedicated community room. The 6th floor provides a multipurpose room, a community kitchen, exercise room and access to a rooftop terrace to take in the spectacular views of the City of Santa Maria and distant mountains and valley beyond.

Site Design:

The site design concept provides for transitioning focal points using building mass articulation and a variety of building materials, landscaping planters with decorative pots to highlight the building entries and breakdown the building massing. The rear pedestrian and emergency access courtyard will provide for a buffer between the existing public parking structure and will have a variety of passive areas using interlocking pavers and grass-crete to bring the garden court surface alive. The Cook Street, orientation fronts on the metro bus stop parking with a pedestrian access sidewalk that provides for a covered bus stop structure and outdoor seating.

Pedestrians have access to the town center and surrounding area with the existing crosswalks at Cook Street and South McClelland Street as well as via the existing public parking structure and existing upper level pedestrian bridges.

Proposed parking for the Cook Street Apartment Building will be provided in the existing public parking structure and pedestrian access will be provided on the ground floor and via two pedestrian bridges proposed on the third level of the apartment building and existing parking structure. Parking will be controlled through a combination of signage, a vehicle tag registration program with property management enforcement.

The enclosed six bin trash and recycle room is located off of the public street and allows for pickup access via the Porta Cochere entry drive next to the three (3) short term and delivery parking spaces at the main commercial entry lobby.

Building Design and Theme:

This project is in the "Town Center District" of the City of Santa Maria's specific downtown plan. The prominent neighboring buildings are an eclectic group of building styles, and the Spanish/Colonial building theme is the most appropriate choice for this six -story signature building next to The Town Center Mall and close to the historic Santa Maria City Hall. The Spanish Colonial theme and articulation is carefully elevated on all four sides of the building using stucco and cast stone detailing to compliment and breakdown the six -story building massing into interesting multiple levels in the human scale. The use of unique design elements such as a variety of archways, multiple balcony types, awnings, and contrasting color provides for a strong building theme emphasizing strong queuing to the two main entries. The proposed building massing provides for the appearance of multiple buildings united into an elegant and interesting building composition.

At the comer of Cook Street and South McClelland Street is one of the two main entries. The building breaks back at a 45 -degree angle with an open Porta Cochere entry to give the building mass relief from the corner and highlights the Porta Cochere and roof top cupula that celebrates the building's main entry below and is the crowning element for the Cook Street Apartment building as seen from various city corridors in the downtown core.

Multiple balconies, terraces, roof decks and awnings allow careful attention employing a variety of details including significant building projections and recesses for material transitions and contrast highlighted by shade and shadows.

The variety of building materials and contrasting colors allows for significant articulation of the building massing.

The use of sloping Spanish roof tiles in a variety of projecting roof elements allows for a significant variety of wall and roof planes and an interesting, varied roof line.

The main entry and balcony doors with complimenting window systems, wrought iron handrails, awnings and decorative light fixtures assists in unifying the Spanish Colonial theme and brings the building massing down to an interesting human scale.

Screening:

All HVAC and mechanical equipment will be screened and out of site on the roof.

Landscape and Hardscape:

The landscape and hardscape will incorporate urban style concepts including interlocking pavers, grass-crete raised planter and decorative pottery to establish the look and feel of intimate plazas and private settings in the open space between the Cook Street Apartments and the existing public parking structure as well as along the Cook Street frontage ground level between the sidewalk and bus stop parking. There will also be landscaping and tree wells to enhance the building and provide for inviting human scale entries to into the building.

Artwork:

We are proposing sculpture, wall art and colorful pottery along the main level corridor next to the open plaza between The Cook Street Apartments building and the public parking structure as well as along the Cook Street frontage.

Signage:

Little to no signage will be needed other than at the two main entries off Cook Street and between access court to the existing parking structure.

Building Height:

The project meets the 70' maximum building height except for the proposed architectural non -conditioned projections needed for the two elevator penthouses, and important decorative cupulas and roof projections that are intended to stay under a maximum of 75'.

The projections are very important elements that break up the buildings vertical massing and roofline. The downtown specific plan suggests creative and unique architectural thematic detailing. The rooftop projections compliment the building architecture and massing and pay homage to the tower feature at City Hall as well as other tower features in the nearby community.

ATTACHMENT A

SITE DATA
SITE ADDRESS:

APN:

GROSS PARCEL AREA:

GROSS BUILDING AREA:

ZONING:

CURRENT USE:

PROPOSED USE:

PROPOSED OCCUPANCY:

PROPOSED CONSTRUCTION TYPE:

PROPOSED SPRINKLERS:

NUMBER OF STORIES PROPOSED:

BUILDING HEIGHT MAX. ALLOWED:

BUILDING HEIGHT PROPOSED:

DENSITY ALLOWED:

MINIMUM LANDSCAPE AREA:

LANDSCAPE REDUCTION:

APARTMENT TOTAL SQUARE FOOTAGE (CONDITIONED):

UNIT TYPE
UNIT 1
UNIT 2
UNIT 3
UNIT 4
UNIT 5
UNIT 6

TOTAL FLOOR AREA
NEC OF COOK ST. AND McCLELLAND ST.,

SANTA MARIA, CA
125-320-018, 125-320-019
19,166 S.F. 044 ACRES
14,768 S.F. 0.33 ACRES

TOWN CENTER DISTRICT / DOWNTOWN SPECIFIC PLAN
VACANT

COMMERCIAL/MULTI-FAMILY RESIDENTIAL
R -2/U & B/M/S2

TYPE V -B
YES, NFPA 13R
6 STORIES
70'-0"
70' + 5 ARCHITECTURAL PROJECTIONS

THE DOWNTOWN SPECIFIC PLAN DOES NOT DICTATE

SPECIFIC INTENSITIES SUCH AS RESIDENTIAL DENSITY

MEASURED IN DWELLING UNITS PER ACRE (DU/AC)
15% LANDSCAPING REQUIRED ON SITE

WITHIN THE DOWNTOWN CORE WHERE PROJECTS WILL

BE DENSER AND MULTIPLE STORIES, OPTIONS TO BE

PROVIDED WITH ROOFTOP GARDENS, PLANTER BOXES,

AND VERTICAL LANDSCAPE WILL BE USED TO MEET THE

LANDSCAPE REQUIREMENT

UNIT BEDROOM COUNT
(58) ONE BEDROOM UNITS
(28) TWO BEDROOM UNITS
(5) ONE BEDROOM UNITS - OPT 1
(5) ONE BEDROOM UNITS - OPT 2
(4) STUDIO UNITS - OPT 1
(4) STUDIO UNITS - OPT 2

COMMERCIAL (MIXED USE CONDITIONED)
UNIT MIX:

UNT AREA
1BD-1BAx412S.F.
2 BD - 2 BA x 736 S.F.
1 BD -1 BA x 579 S.F.
1 BD -1 BA x 490 S.F.

STUDIO -1 BA x 294 S.F.

STUDIO -1 BA x 372 S.F.

TOTAL AREA
= 23,896 S.F.
= 20,608 S.F.
= 2,895 S.F.
= 2,450 S.F.
= 1,176 S.F.
= 1,488 S.F.
= 52,513 S.F.
= 2,076 S.F.

UNIT TYPES
FLOOR 1
FLOOR 2
FLOOR 3
FLOOR 4
FLOOR 5
FLOOR 6
6 -STORY
TOTAL
STUDIO/BATH - OPT 1
-
1 1
1 1
-
4 STUDIO/BATH - OPT 2
-
1 1
1 1
-
4 1 BEDROOM/BATH
8 10
10 _ 10
10 10
58 1 BEDROOM/BATH - OPT 1
1 1
1 1
1 -
5 1BEDROOM/BATH-OPT2
-
1 1
1 1
1 5
2 BEDROOM/2 BATH
4 5
5 5
5 4
28 TOTAL
13 19
19 19
19 15
104

PARKING & HARDSCAPE
RESIDENTIAL PARKING PER CITY OF SANTA MARIA DOWNTOWN SPECIFIC PLAN:

PARKING SPACES REQUIRED:

STUDIO UNITS LESS THAN 400 S.F.
1 BEDROOM UNITS 400 TO 600 S.F.
2 BEDROOM UNITS EXCEEDING 600 S.F
TOTAL:

PARKING SPACES PROVIDED:
1 BEDROOM UNITS
2 BEDROOM UNITS
TOTAL:

PARKING AREA REDUCTION:
= 8 @ 0.5 PARKING SPACES PER UNIT = 4 SPACES
= 68 @ 0.75 PARKING SPACES PER UNIT = 51 SPACES
= 28 @ 1 PARKING SPACE PER UNIT = 28 SPACES
83 PARKING SPACES (REQUIRED)
= 76 @ 1 PARKING SPACE PER UNIT = 76 SPACES
= 28 @ 2 PARKING SPACES PER UNIT = 28 SPACES
= 132 PARKING SPACES DEDICATED
ZONE A - TOWN CENTER DISTRICT: NO PARKING REQUIREMENTS
(EXCEPT FOR RESIDENTIAL AND LODGING) FOR ANY PARCEL THAT IS WITHIN 700 FEET OF A CITY PARKING LOT/STRUCTURE.

CONSULTANT TEAM

OWNER/DEVELOPER

BERT AND MARK FUGATE
2625 MILLER STREET, #107
SANTA MARIA, CA 93455

PLANNER

URBAN PLANNING CONCEPTS
2624 AIRPARK DRIVE
SANTA MARIA, CA 93455
PHONE: (805) 934-5760
CONTACT: BRIAN SCHWARTZ

CIVIL ENGINEER

BETHEL ENGINEERING
2624 AIRPARK DR.

SANTA MARIA, CA 93455
PHONE: (805) 934-5767
FAX: (805) 934-3448
CONTACT: RUSS GARRISON

ARCHITECT

MURRAY DUNCAN ARCHITECTS
150 CASTILIAN DRIVE, SUITE 201
GOLETA, CA 93117
PHONE: (805) 562-1270
FAX: (805) 562-1273
CONTACT: MURRAY DUNCAN

BUTCH WELLS
EMAIL: [email protected]

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A6 PRELIMINARY FIRST FLOOR PLAN
A7 PRELIMINARY SECOND FLOOR PLAN
A8 PRELIMINARY THIRD - FIFTH FLOOR PLANS
A9 PRELIMINARY SIXTH FLOOR PLAN
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NOTE: EXTERIOR DIMENSIONS PROVIDED AS REFERENCE, SEE BUILDING PLANS

FOR ADDITIONAL DIMENSIONS & INFORMATION
NOTE: EXTERIOR DIMENSIONS PROVIDED AS REFERENCE, SEE BUILDING PLANS

FOR ADDITIONAL DIMENSIONS & INFORMATION
UNIT - 5, STUDIO OPT. #1 (ADAPTABLE)
1/4" = 1'-0"
FLOOR AREA = 294 SQ. FT.

NOTE: EXTERIOR DIMENSIONS PROVIDED AS REFERENCE, SEE BUILDING PLANS

FOR ADDITIONAL DIMENSIONS & INFORMATION
I I
UNIT - 6, STUDIO OPT. #2 (ADAPTABLE)
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UNIT - 3 OPT. #1, 1-BEDROOM/1-BATH(ADAPTABLE)
1/4" = 1'-0"
r FLOOR AREA = 579 SQ. FT.

NOTE: EXTERIOR DIMENSIONS PROVIDED AS REFERENCE, SEE BUILDING PLANS

FOR ADDITIONAL DIMENSIONS & INFORMATION
UNIT - 4 OPT. #2, 1-BEDROOM/1-BATH(ADAPTABLE)
1/4" = 1'-0"
FLOOR AREA = 490 SQ. FT.

COOK STREET APARTMENTS
APN: 125-320-018 & 125-320-019

TOWN CENTER EAST, SANTA MARIA, CALIFORNIA
UNIT -1, 1-BEDROOM/1-BATH (ADAPTABLE)
1/4" = 1-0"
FLOOR AREA = 412 SQ. FT.

NOTE: EXTERIOR DIMENSIONS PROVIDED AS REFERENCE, SEE BUILDING PLANS

FOR ADDITIONAL DIMENSIONS & INFORMATION
BATH #1
BEDROOM #1

KITCHEN
30'
ork space
DINING
ROOM
LIVING
ROOM
UNIT - 2, 2-BEDROOM/2-BATH (ADAPTABLE)
1/4" = 1'-O"
DECK
FLOOR AREA = 736 SQ. FT.
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11/11/2022
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COOK STREET APARTMENTS
APN: 125-320-018 & 125-320-019

TOWN CENTER EAST, SANTA MARIA, CALIFORNIA

PRELIMINARY FIRST FLOOR PLAN
SCALE: 1"=10'-0"
11/11/2022
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MURRAY
DUNCAN
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COOK STREET APARTMENTS
APN: 125-320-018 & 125-320-019

TOWN CENTER EAST, SANTA MARIA, CALIFORNIA

PRELIMINARY SECOND FLOOR PLAN
SCALE: 1"=10'-0"
11/11/2022
YY
0' 5' 20'

2.5' 10'
MURRAY
DUNCAN
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PER 92 MAPS 97-103

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COOK STREET APARTMENTS
APN: 125-320-018 & 125-320-019

TOWN CENTER EAST, SANTA MARIA, CALIFORNIA

PRELIMINARY THIRD - FIFTH FLOOR PLANS
SCALE: 1' =10'-0"
11/11/2022
YY
0' 5' 20'

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APN: 125-320-018 & 125-320-019
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APN: 125-320-018 & 125-320-019
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SCALE: 1"=10'-0"
11/11/2022
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APN: 125-320-018 & 125-320-019

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EXTERIOR STUCCO
COLOR
PTI: PAINTED PLASTER 1
COLOR MATCH: BENJAMIN
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OC-57 "WHITE HERON"

COOK STREET APARTMENTS EAST ELEVATION

EXTERIOR STONE
COLOR
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COOK STREET APARTMENTS

EXTERIOR LIGHT

FIXTURES
LF2: EMERSON
8" WALL BRACKET

BALCONIES &
PATIOS
LF1: PALAMAR

WALL BRACKET
10" WIDE BLACK

Q BUILDING ENTRIES

TOWN CENTER EAST, SANTA MARIA, CA

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APN: 125-320-018 & 125-320-019

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ALUMINUM WITH THE FOLLOWING
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1. RMS SOLAR LIGHTING SYSTEM

2. NO WALLS

3. ACCOMPANYING BENCH

WITH SEAT DELINEATORS

4. WAYSINE LED SHELTER DISPLAY

5. PAPERCAST 13" E -PAPER DISPLAY

6. URBAN SOLAR PV STOP MAX BUS

STOP POLE LIGHTING SYSTEM

7. BIKE LOOP

ADA WHEELCHAIR AREA MARKED
(PAINTED ONTO THE GROUND BETWEEN

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SCALE: 1/16"=1'-0"
11/11/2021
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COOK STREET APARTMENTS
APN: 125-320-018 & 125-320-019

TOWN CENTER EAST, SANTA MARIA, CALIFORNIA

COOK STREET
111 11
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EXISTING TREES TO BE REMOVED
L.I.D. PLANTING AREA
GRASSPAVE 2 WITH GROUNDCOVER

BIKE RACK
10' STREET TREE EASEMENT
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0 10 20
40 SCALE : 1" = 20'-0" NORTH
Appendix B - Water Efficient Landscape Work sheet
Reference Evapotranspiration (ETD):

Project:

Hydrozone 4
/Planting
Description a
Plant
Factor
(PF)
Irrigation
Method b
Irrigation
Efficiency
(IE)c

ETAF (PF/IE)
Landscape
Area (sq, ft,)
ETAF x
Area
Estimated
Total Water
Use (ETWU) e
Regular Landscape Areas
Very Low

0.1 drip

0.81 0.12
-
-
-
Low

0.25 drip

0.81 0.31
9,048.00
2,792.59
82,068.71
Medium

0.5 drip

0.81 0.62
2,262.00
1,396.30
41,034.36
High

0.8 drip

0.81 0.99
-
-
-
Non -Irrigated

0.0 n/a
100

0.00 -
-
-
Totals
11,310.00
4,188.89
123,103.07
Special Landscape Areas
Turf
1 -
-
Totals
-
-
-
ETWU Total
123,103.07
Maximum Allowed Water Allowance (MAWA).
149,570.23

47.4 Cook Street Apartments // Santa Maria, CA
a
Hydrozone 4/Planting Description
E.g

1.) front lawn

2.) medium water use planting
d
ETWU (Annual Gallons Required)
= Eto x 0.62 x ETAF x Area
where 0.62 is a conversion factor that
converts acre -inches per acre per year
to gallons per square foot per year.
b
Irrigation Method
overhead spray
or drip
e
c
Irrigation Efficiency

0.75 for spray head

0.81 for drip
MAWA (Annual Gallons Allowed)
= (Eto) ( 0.62) [ (ETAF x LA) + ((1-ETAF) x SLA)]
where 0.62 is a conversion factor that converts acre -
inches per acre per year to gallons per square foot per year, LA is the total landscape area in square feet, SLA is the total special landscape area in square feet, and ETAF is .55 for residential areas and 0.45 for non-residential areas.

ETAF Calculations:

Average ETAF for Regular Landscape Areas must be 0.55 or below for residential areas, and 0.45 or below for non- residential areas.

All Landscape Areas
Total ETAF x Area (B+D)
4,188.89
Total Area (A+C)
11,310.00
Sitewide ETAF (B+D) + (A+C)

0.37 Regular
Total ETAF x Area (B)
4,188.89
Total Area (A)
11,310.00
Average ETAF (B+A)

0.37 City of Santa Maria Site Calculations
Percentage of Landscape:

Total site area
Landscape area
Enhanced paving
Landscape area percentage:

Sq. Ftg.

Site Tree Requirements:
28,627
11,310
40%
Requirement
Replacement trees
Additional trees provided
Site Tree Requirements:
*see matrix
Criteria
Basis
Required Provided
106 3
0 Totals: 106
3 -103
Requirement Criteria
Cook Street 1 per 40' of street frontage
McClelland Street 1 per 40' of street frontage
Additional trees provided
Basis
Totals:

Required Provided
8 5
3 3
0 0
0 11
8 -3

CONCEPTUAL PLANTING LEGEND
l J STREET TREES - COOK STREET
Japanese Pagoda - Styphnolobium j.

STREET TREES - MCCLELLAND STREET
Sawleaf Zelkova - Zelkova Serata
7 0 ❑ o
7 0 0 0
70001
:000l
SITE TREES - 24" BOX
Natchez Crape Myrtle - Lagerstroemia indica 'Natchez'
L.I.D. PLANTING
Bearberry Cotoneaster - Cotoneaster dammeri
Small Cape Rush - Chondropetalus tectorum
Elk Blue California Gray Rush - Juncus patens 'Blue Elk' Berkeley Sedge - Carex Divulsa
GRASS PAVE 2
Asian Jasmine - Trachelospermum asiaticum

SHRUB PLANTING
Dwarf Yedda Hawthorn - Rhaphiolepis umbellata 'Minor'
Gulf Stream Heavenly Bamboo - Nandina d. 'Gulf Stream'
Elijah Blue Fescue - Festuca 'Elijah Blue'
Yellow Wave Flax - Phormium 'Yellow Wave'
Wheeler's Dwarf Pittosporum - Pittosporum t. 'Wheeler's Dwarf' Cream De Mint Pittosporum - Pittosporum t. 'Cream De Mint' Maori Queen Flax - Phormium 'Maori Queen'
Mundi Coast Rosemary - Westringia 'Mundi'
David Viburnum - Viburnum davidii
Xanadu philodendron - Philodendron xanadu
Giant Chain Fern - Woodwardia fimbriata

EXISTING TREES TO REMAIN

GENERAL NOTES
MINIMUM PLANT SIZES:

STREET TREES (24"BOX), SITE TREES (15 GAL.), SHRUBS (1 GAL.),

GROUNDCOVER (FLATS)

2. IRRIGATION SYSTEM TO BE INSTALLED AS A PART OF SITE
CONSTRUCTION. SYSTEM SHALL BE UNDERGROUND, AUTOMATIC WITH POP-UP SPRAY HEADS, "SMART' CONTROLLER AND AUTOMATIC RAIN SHUTOFF. LOW PRECIPITATION RATE HEADS TO BE USED TO MINIMIZE RUNOFF.

3. POINT OF CONNECTION FOR WATER SUPPLY, SHALL BE BY A NEW LANDSCAPE METER.

4. ALL PLANTING AREAS SHALL RECEIVE A 3" LAYER OF MEDIUM BARK MULCH AFTER INSTALLATION.

5. ALL PLANT MATERIAL SHALL CONFORM TO THE CITY OF SANTA MARIA

OR STATE OF CALIFORNIA MODEL WATER CONSERVATION
ORDINANCE.

6. ALL PLANTING AND IRRIGATION SHALL BE INSTALLED PER THE CITY OF SANTA MARIA STANDARDS AND CODES.

7. FOR SITE WORK, ARCHITECTURAL, AND GRADING/DRAINAGE
INFORMATION SEE PLANS BY OTHERS.

8. ALL AREAS BEYOND THE AREA OF WORK THAT ARE DISTURBED BY CONSTRUCTION SHALL BE RETURNED TO ORIGINAL CONDITION.

9. DRAWINGS ARE FOR DESIGN AND REVIEW PURPOSES ONLY AND SHALL NOT BE USED AS CONSTRUCTION DOCUMENTS.

10. TREES PLANTED IN AN AREA LESS THAN 8' WIDE SHALL BE INSTALLED

WITH A LINEAR ROOT BARRIER TO PROTECT AGAINST HARDSCAPE DAMAGE.
1 1. STREET TREES ARE TO BE SELECTED FROM THE CITY OF SANTA MARIA APPROVED TREE LIST.

VICINITY MAP
Main St.
a
a
r
o
Santa Maria
Town Center
Cook St.

SITE
NORTH
N.T.S.

PLEINAIRE

DESIGN GROUP
3203 Lightning St., Ste. 201 // Santa Maria, CA 93455
805.349.9695 // www.pleinairedg.com

THE DRAWING, DESIGN IDEAS, AND FEATURES OF

CONSTRUCTION, DEPICTED WITHIN THE DRAWINGS ARE THE
EXCLUSIVE PROPERTY OF KEVIN J. SMALL LANDSCAPE
ARCHITECT. THEY ARE NOT TO BE REUSED, REPRODUCED,

COPIED, SOLD, OR USED FOR ANY OTHER PURPOSE WITHOUT
THE EXPRESSED WRITTEN CONSENT OF KEVIN J. SMALL;
RLA 2929. 0 2022 KEVIN J. SMALL

COOK STREET APARTMENTS

TOWN CENTER EAST
SANTA MARIA, CALIFORNIA 93454

SHEET TITLE

CONCEPTUAL

LANDSCAPE
PLAN
OWNER Charter Brokerage
2625 S. Miller Street, Suite 107
Santa Maria, California 93455
T: 805.922.6646
DATE 2022.05.19
22216
SHEET NO.

CIP-ol

Japanese Pagoda
Asian Jasmine
Cream De Mint Pittosporum
Grasspave 2
Sawleaf Zelkova
Dwarf Yedda Hawthorn
Maori Queen Flax
Bearberry Cotoneaster
Gulf Stream
Small Cape Rush
Elijah Blue Fescue
Mundi Coast Rosemary
' e +dam 4,
4 .* .A .
e
t s
rN.ter a
David Viburnum
NOTE:

PLANT IMAGERY SHOWN IS REPRESENTATIVE ONLY.

FINAL SELECTIONS MAY VARY. SEE CONCEPTUAL
PLANTING LEGEND FOR MORE INFORMATION.

California Gray Rush
Yellow Wave Phormium
Xanadu Philodendron
Berkeley Sedge
Wheeler's Dwarf Pittosporum
kiItt
Giant Chain Fern

P LEINAIRE

DESIGN GROUP
3203 Lightning St., Ste. 201 // Santa Maria, CA 93455
805.349.9695 // www.pleinairedg.com

THE DRAWING, DESIGN IDEAS, AND FEATURES OF

CONSTRUCTION, DEPICTED WITHIN THE DRAWINGS ARE THE
EXCLUSIVE PROPERTY OF KEVIN J. SMALL LANDSCAPE
ARCHITECT. THEY ARE NOT TO BE REUSED, REPRODUCED,

COPIED, SOLD, OR USED FOR ANY OTHER PURPOSE WITHOUT
THE EXPRESSED WRITTEN CONSENT OF KEVIN J. SMALL;
RLA 2929. © 2022 KEVIN J. SMALL
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SHEET TITLE
PLANT

IMAGERY
OWNER Charter Brokerage
2625 S. Miller Street, Suite 107
Santa Maria, California 93455
T: 805.922.6646
DATE 2022.05.19
22216
SHEET NO.

CLP-02

COOK STREET

U CONCEPTUAL LANDSCAPE PLAN
0 10 20
40 SCALE : 1" = 20'-0" NORTH
Tree Inventory
City of Santa Maria Requirements:

Project:

Cook Street Apartments, Santa Maria
Date:
19 -May -22
No.

Genus, species
Common Name
Trunk Dia.
(in.)
Remove
24" box Rep.

Req.

Notes
1 Pinus canariensis
Canary Island Pine
26 X
6 2
Pistacia chinensis
Chinese Pistache
2 X
0 3
Pistacia chinensis
Chinese Pistache
4 X
0 4
Liquidambar styraciflua
American sweetgum
18 X
6 5
Liquidambar styraciflua
American sweetgum
18 X
6 6
Pistacia chinensis
Chinese Pistache
8 X
2 7
Pistacia chinensis
Chinese Pistache
8 X
2 8
Liquidambar styraciflua
American sweetgum
16 X
6 9
Pistacia chinensis
Chinese Pistache
_ 7
X
2 10
Pistacia chinensis
Chinese Pistache
8 X
2 11
Pistacia chinensis
Chinese Pistache
3 X
0 12
Pistacia chinensis
Chinese Pistache
8 X
2 13
Erlobotrya japonica
Bronze Loquat
8 X
2 14
Jacaranda mimosifolia
Blue Jacaranda
12 X
4 15
Pinus canarlensis
Canary Island Pine
27 0
16 Pinus canariensis
Canary Island Pine
27 0
17 Cercis occidentalis
Western Redbud
1 X
0 Very Poor Conidtion
18 Jacaranda mimosifolia
Blue Jacaranda
9 X
4 19
N/A
N/A
X
0 Dead Tree
20 Jacaranda mimosifolia
Blue Jacaranda
10 X
4 21
Jacaranda mimosifolia
Blue Jacaranda
10 X
4 22
Jacaranda mimosifolia
Blue Jacaranda
8 X
2 23
Jacaranda mimosifolia
Blue Jacaranda
14 X
6 24
Arbutus 'Marina'
Strawberry Tree
6 X
2 25
Arbutus 'Marina'
Strawberry Tree
2 X
0 26
Jacaranda mimosifolia
Blue Jacaranda
12 X
4 27
Jacaranda mlmosifolia
Blue Jacaranda
12 X
4 28
Jacaranda mimosifolia
Blue Jacaranda
11 X
4 29
Pinus canariensis
Canary Island Pine
12 X
4 30
Pinus canariensis
Canary Island Pine
14 X
6 31
Pinus canariensis
Canary Island Pine
20 X
6 32
Pinus canariensis
Canary Island Pine
18 X
6 33
Pinus canariensis
Canary Island Pine
33 X
6 34
Jacaranda mimosifolia
Blue Jacaranda
7 X
2 35
Jacaranda mimosifolia
Blue Jacaranda
7 X
2 36
Unknown
Unknown
X
0 Tree removed
37 Arbutus 'Marina'
Strawberry Tree
2 X
0 Total of 24' Box Replacement Trees:
106
Replacement trees provided on site:
3 Amount to be paid to City:
$ 25,750.00
City of Santa Maria Tree Replacement Requirements Per Municipal Code Section 12-44.03:

Size Of Tree Removed
6" to 8" trunk diameter (at 4' 6" height)

TREE INVENTORY LEGEND

SYMBOL NAME
O TREE

PROTECTIVE FENCING

SEE TREE PROTECTION NOTES
0 EXISTING TREE CANOPY
•

EXISTING TREE TRUNK TO REMAIN
0 EXISTING TREE CANOPY TO BE REMOVED
•

EXISTING TREE TRUNK TO BE REMOVED

VICINITY MAP
Main St.
o
r
o
Santa Maria
Town Center
Cook St.

A
SITE
S
NORTH
N.T.S.

PLEINAIRE

DESIGN GROUP
3203 Lightning St., Ste. 201 // Santa Maria, CA 93455
805.349.9695 // www.pleinairedg.com

THE DRAWING, DESIGN IDEAS, AND FEATURES OF

CONSTRUCTION, DEPICTED WITHIN THE DRAWINGS ARE THE
EXCLUSIVE PROPERTY OF KEVIN J. SMALL LANDSCAPE
ARCHITECT. THEY ARE NOT TO BE REUSED. REPRODUCED.

COPIED, SOLD, OR USED FOR ANY OTHER PURPOSE WITHOUT
THE EXPRESSED WRITTEN CONSENT OF KEVIN J. SMALL;
RLA 2929. 0 2022 KEVIN J. SMALL

COOK STREET APARTMENTS

TOWN CENTER EAST
SANTA MARIA, CALIFORNIA 93454

SHEET TITLE
TREE

INVENTORY
PLAN
OWNER Charter Brokerage
2625 S. Miller Street, Suite 107
Santa Maria, California 93455
T: 805.922.6646
DATE 2022.05.19
22216
SHEET NO.

TIP -01

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Santa Maria City Clerk
110 East Cook Street, Room 8
Santa Maria, CA 93454

SPACE ABOVE THIS LINE FOR RECORDER'S USE
NO FEE PER GOVERNMENT CODE SECTION 6103

SALES AND DISPOSITION AGREEMENT

FOR THE COOK STREET MIXED USE PROJECT
by and between

THE CITY OF SANTA MARIA,
a California municipal corporation and charter city
and
Burt E. Fugate, Trustee of the Burt E. Fugate Trust U/D/T 04/30/1998 JANUARY 16, 2024
Attachment B

THIS SALES AND DISPOSITION AGREEMENT (the "Agreement") is made and entered into as of January 16, 2024 (the "Effective Date"), by and between the CITY OF SANTA MARIA, a California municipal corporation and charter city (the "CITY"), and Burt E. Fugate, Trustee of the Burt E. Fugate Trust U/D/T 04/30/1998; ("FUGATE" or the "DEVELOPER") (each a "Party" and collectively the "Parties") with reference to the following facts.

A. DEVELOPER is the owner of the real property located at the northeast corner of the intersection of East Cook Street and South McClelland Street in Santa Maria, California commonly known as Santa Barbara County Assessor's Parcel Numbers 125-320-018 and 125-320-019 (collectively the "DEVELOPER'S Parcels") more particularly described on the attached Exhibit A.

B. The CITY is the owner of the real property located immediately north of the DEVELOPER's Parcels commonly known as Santa Barbara County Assessor's Parcel Number 125-320-009 (the "CITY Parcel") more particularly described on the attached Exhibit B.

C. Included in the CITY Parcel is an area consisting of approximately ten thousand eight hundred ninety (10,890) square feet in a variable width strip located along the southerly boundary of the CITY Parcel, subject to various access, encroachment and storm drain easements, legally described on the attached Exhibit B-1 and depicted on the attached Exhibit B-2 (the "Landscape Area.") D. Processing the approval of development projects is inherently uncertain and costly; sometimes resulting in a waste of resources, escalation in development costs, discouragement of investment and a reduced commitment to comprehensive planning, ultimately hindering the maximum effective utilization of resources at the least economic cost to the public.

E. The DEVELOPER proposes to acquire the Landscape Area and then to develop both the DEVELOPER's Parcels and the Landscape Area as a multi -story mixed use apartment and commercial / retail project pursuant to pending Downtown Specific Plan Permit Application DT2022-0017 (together with any subsequent applications to be filed, the "Project Applications") on file with the CITY and as more particularly described in the attached Exhibit C (the "Project").

F. Included in the Project will be benefits accruing to the CITY and the public in general in the form of redevelopment and use of the Landscape Area for an open courtyard for Project residents and patrons of the Project businesses, downtown revitalization, improvements to mass transit, and the like, all as more particularly detailed in the Project Application and the Conditions of Approval as defined in Section 4.c below.
1 G. Subject to this Agreement's terms and conditions, the CITY is prepared to convey the Landscape Area to the DEVELOPER in exchange for the for the improvements to be made to the Landscape Area and the public benefits to be derived therefrom, as all specified herein.

H. In connection with the proposed Project, DEVELOPER has submitted the Project Applications and will apply to the CITY for all other permit approvals necessary to construct the Project (collectively the "Entitlements").

I. In accordance with Government Code Section 65864 et seq., the CITY enacted Santa Maria Municipal Code Chapter 12-51, setting forth the required process for reviewing, processing and approving development agreements, and DEVELOPER and CITY can accomplish their mutual goals by entering into this Agreement pursuant to Government Code §65864 et seq., and Santa Maria Municipal Code Chapter 12-51.

J. The CITY seeks, through this Agreement to promote the most efficient use of resources; to derive the benefits to the CITY and the public in general described in this Agreement, and to establish clear and precise guidance for DEVELOPER and any potential future buyers, developers or users of the Project as established under the Entitlements; so that the DEVELOPER and any potential future buyers, builders or occupants of the Project will have a clear and complete understanding of the Entitlement responsibilities that are applicable to, and necessary for, building out the Project.

K. Assurances to the DEVELOPER that DEVELOPER may proceed with the Project in accordance with specified regulations will strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic cost of development.

L. The CITY has published a notice of intention to consider adopting this Agreement pursuant to Government Code Sections 65090 and 65091 and duly held a public hearing.

M. The CITY finds that:

1. This Agreement is consistent with the goals, objectives, policies, general land uses and programs specified in the CITY'S General Plan.

2. This Agreement is compatible with the uses authorized in and the regulations prescribed in the 2015 Downtown Specific Plan.

3. This Agreement is in conformity with public convenience, general welfare and good land use practice.

NOW THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, the CITY and DEVELOPER hereto agree 2 as follows.

1. DEFINED TERMS
Except as otherwise provided in this Agreement, the following terms shall have the meanings set forth below when used in this Agreement and the Exhibits attached hereto. Additional items are defined in the Recitals above and this Agreement's text. a. "Authorized Representative" means the CITY'S City Manager, or his or her designee.
b. "CITY" has the meaning set forth in the first unnumbered paragraph of this Agreement.
c. "CITY Parcel" has the meaning set forth in Recital B above. d. "Claims" means all demands, actions, suits, judicial or administrative proceedings, penalties, deficiencies, fines, orders, and damages related to specific activities described in relation to the Claims, and all liability, loss, cost, expense (including without limitation attorney's fees and costs of litigation), associated therewith.
e. "Closing Date" or "Close of Escrow" shall be the date that escrow closes for conveyance of the Landscape Area from CITY to DEVELOPER. f. "Conditions of Approval" has the meaning set forth in Section 4.c below. g. "DEVELOPER" and "FUGATE" have the meaning set forth in the first unnumbered paragraph of this Agreement, or his assignee. h. "DEVELOPER'S Parcels" has the meaning set forth in Recital A above. i. "Effective Date" has the meaning set forth in the first unnumbered paragraph of this Agreement, or its assignee.
j. "Entitlements" has the meaning set forth in Recital E above. k. "Environmental Laws" means any and all federal, state and local statutes, ordinances, orders, rules, regulations, guidance documents, judgments, governmental authorizations or directives, or any other requirements of governmental authorities, as may presently exist, or as may be amended or supplemented, or hereafter enacted, relating to the presence, release, generation, use, handling, treatment, storage, transportation or disposal of Hazardous Material, or the protection of the environment or human, plant or animal health, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9601), the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Toxic 3 Substances Control Act (15 U.S.C. § 2601 et seq.), the Oil Pollution Act (33 U.S.C. § 2701 et seq.), the Emergency Planning and Community Right -to -Know Act (42 U.S.C. § 11001 et seq.), the Potter -Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et seq.), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et seq.), the Hazardous Waste Control Act (Cal. Health & Safety Code § 25100 et seq.), the Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Safety Code § 25500 et seq.), and the Carpenter - Presley -Tanner Hazardous Substances Account Act (Cal. Health and Safety Code § 25300 et seq.).

1. "Hazardous Material" means any chemical, compound, material, mixture, or substance that is now or may in the future be defined or listed in, or otherwise classified pursuant to any Environmental Laws (defined below) as "hazardous substance", • "hazardous material", "hazardous waste", "extremely hazardous waste", "infectious waste"', "toxic substance", "toxic pollutant", or any other formulation intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, or toxicity. The term "Hazardous material" shall also include asbestos or asbestos -containing materials, radon, chrome and / or chromium, polychlorinated biphenyls, petroleum, petroleum products or by- products, petroleum components, oil, mineral spirits, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable as fuel, perchlorate, and methyl tert-butyl ether, whether or not defined as a hazardous waste or hazardous substance in the Environmental Laws. m. "Indemnitees" means the CITY and its elected and appointed officers, officials, employees, agents, consultants, and contractors.
n. "Landscape Area" has the meaning set forth in Recital C above. o. "Project" has the meaning set forth in Recital E above. p•
"Project Applications" has the meaning set forth in Recital E above. q. "Title Report" has the meaning set forth in Section 3.a below.

2. REPRESENTATIONS
a. DEVELOPER Representations. DEVELOPER covenants that until the first to occur of the expiration or earlier termination of this Agreement or the Close of Escrow, upon reasonable discovery of any fact or condition that would cause any of the warranties and representations in this Section 2.a to be untrue, DEVELOPER shall promptly, and no later than within thirty (30) days, give written notice of such fact or condition to CITY, DEVELOPER acknowledges that CITY shall rely upon DEVELOPER'S representations made herein not -withstanding any investigation made by or on the CITY'S behalf. DEVELOPER hereby represents, warrants, and covenants that the following are true and correct as of the Effective Date. i. DEVELOPER Parcels Ownership. DEVELOPER owns the
DEVELOPER'S Parcels in fee, subject to encumbrances, easements, covenants, conditions, restrictions and other matters of record.
4 ii. DEVELOPER Authority. DEVELOPER has full power and authority to execute and deliver this Agreement and all other documents or instruments executed and delivered by DEVELOPER, or to be executed and delivered by DEVELOPER pursuant to or in connection with this Agreement, and to perform and observe the terms and provisions of all of the foregoing. iii. Valid and Binding Agreements. This Agreement and all other documents or instruments that have been or that will be executed and delivered by DEVELOPER pursuant to or in connection with this Agreement constitute or, if not yet executed or delivered, will when so executed and delivered, constitute legal, valid and binding obligations of DEVELOPER, enforceable in accordance with their respective terms, subject to laws affecting creditors' rights and principles of equity.
iv. No Breach of Law or Agreement. To DEVELOPER'S best knowledge, neither execution nor delivery of this Agreement or any other documents or instruments that have been or that will be executed and delivered by DEVELOPER pursuant to or in connection with this Agreement, nor performance of any provision, condition, covenant or other term hereof or thereof will conflict with or result in a breach of any statute, rule or regulation, or any judgment, decree or order of any court, board, commission or agency binding on DEVELOPER, or any provision of the DEVELOPER's organizational documents, or will conflict with or constitute a breach of or a default under any agreement to which DEVELOPER is a party, or will result in the creation or imposition of any lien upon any DEVELOPER asset or property, other than any liens established pursuant hereto.
v. Pending Proceedings. Except as disclosed in writing to the CITY before execution of this Agreement, to DEVELOPER'S best knowledge, DEVELOPER is not in default under or in violation of any law or regulation or under any order of any court, hoard, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or threatened against or affecting DEVELOPER, or the DEVELOPER'S Parcels, at law or in equity, before or by any court, board, commission, or agency. DEVELOPER is not the subject of any bankruptcy or insolvency proceeding, and no general assignment or arrangement for the benefit of creditors or the appointment or a trustee or receiver to take possession of all or substantially all of DEVELOPER's assets has been made.
b. CITY Representations. CITY covenants that until the first to occur of the expiration or earlier termination of this Agreement or the Close of Escrow, upon learning of any fact or condition that would cause any of the warranties and representations in this Section 2.b to be untrue, CITY shall promptly give written notice of such fact or condition to DEVELOPER.

CITY acknowledges that DEVELOPER shall rely upon CITY'S representations made herein notwithstanding any investigation made by or on DEVELOPER'S behalf. CITY hereby represents, warrants, and covenants that the following are true and correct as of the Effective Date. i. Organization. CITY is a municipal corporation and charter city, duly organized under California law.
ii. CITY Parcel Ownership. CITY owns the CITY Parcel in fee, subject to encumbrances, easements, covenants, conditions, restrictions and other matters of record. 5 iii. CITY Authority. CITY has full power and authority to execute and deliver this Agreement and all other documents or instruments executed and delivered by CITY, or to be executed and delivered by CITY pursuant to or in connection with this Agreement, and to perform and observe the terms and provisions of all of the foregoing. iv. Authority of Persons Executing Documents. This Agreement, and all other documents or instruments that have been or that will be executed and delivered by CITY pursuant to or in connection with this Agreement, have been or will be executed and delivered by persons who are duly authorized to execute and deliver the same for and on CITY'S behalf, and all actions required under CITY'S governing documents and applicable governing law for this Agreement's authorization, execution, delivery and performance and that of all other documents or instruments that have been or that will be executed and delivered by CITY pursuant to or in connection with this Agreement, have been duly taken or will have been duly taken (to the extent such actions are required) as of the date of such document's execution and delivery. v. Valid and Binding Agreements. This Agreement and all other documents or instruments that have been or that will be executed and delivered by CITY pursuant to or in connection with this Agreement constitute or, if not yet executed or delivered, will when so executed and delivered, constitute legal, valid, and binding obligations of CITY, enforceable in accordance with their respective terms, subject to laws affecting creditors' •rights and principles of equity. Subject to this Agreement's provisions and conditions, the CITY hereby agrees that the CITY is granting, and grants herewith, a fully vested entitlement and right to develop the Project in accordance with this Agreement's terms and conditions. The DEVELOPER'S vested right to proceed with the Project's development is subject to an approval process as set forth in this Agreement; provided that any conditions, terms, restrictions and requirements for such subsequent actions shall not prevent the Project's development for the uses set forth in the Project Applications, or reduce the intensity or density of development, or limit the rate or timing of development set forth in this Agreement, unless so requested by the DEVELOPER and so long as the DEVELOPER is not in default under this Agreement.
vi. No Breach of Law or Agreement. Neither execution nor delivery of this Agreement or any other documents or instruments that have been or that will be executed and delivered by CITY pursuant to or in connection with this Agreement, nor performance of any provision, condition, covenant or other term hereof or thereof will conflict with or result in a breach of any statute, rule or regulation, or any judgment, decree or order of any court, board, commission or agency binding on CITY, or any provision of the CITY'S governing documents, or will conflict with or constitute a breach of or a default with any agreement to which CITY is a party, or will result in the creation or imposition of any lien upon any CITY assets or property, other than liens (if any) established pursuant hereto.
vii. Pending Proceedings. Except as disclosed in writing to DEVELOPER before this Agreement's execution, to the CITY's best knowledge, neither CITY nor the CITY Parcel is in default under or in violation of any law or regulation or under any order of any court, board, commission or agency, and, there are no claims, actions, suits or proceedings pending or, threatened in writing against or affecting CITY or the CITY Parcel, at law or in equity, before or by any court, board, commission or agency, in any such case where such default or violation or claim, action, suit, or proceeding is reasonably likely to have a material adverse effect on the CITY 6 Parcel or any portion thereof or the CITY'S ability to perform its obligations under this Agreement.

CITY is not the subject of any bankruptcy or insolvency proceeding, and no general assignment or arrangement for the benefit of creditors or the appointment of a trustee or receiver to take possession of all or substantially all or CITY'S assets has been made. viii. Condemnation. No condemnation proceedings relating to the CITY Parcel or its access to or from public streets or utilities are pending, nor has the CITY received written notice or any threatened condemnation proceedings relating to the foregoing. ix. Other Agreements. Except as disclosed in writing to DEVELOPER, and except for matters of public record or matters shown as exceptions to title to the CITY Parcel in the Title Report, CITY has not made any commitment or entered into any agreement of any kind with any governmental authority, or any adjoining property owner, group or other third party which would in any way be binding on DEVELOPER or all or any portion of the Landscape Area after the Close of Escrow.
x. Environmental. CITY has no knowledge of any violation of Environmental Laws related to the CITY Parcel or the presence or release of Hazardous Material on or from the CITY Parcel. To the CITY'S best knowledge, neither the CITY Parcel nor any portion thereof has been used for the generation, treatment, storage, handling or disposal of any Hazardous Material, in violation of any Environmental Laws by the CITY or its predecessors -in -interest. xi. No Tenants. Except as disclosed in the Title Report, there are no leases or occupancy agreements or licenses affecting the Landscape Area or any portion thereof or conferring on any person or entity the right to use, occupy or enter onto the CITY Parcel. xii. No Service Contracts. There are no service contracts or other agreements affecting the Landscape Area or any portion thereof that will remain in effect after Close of Escrow.
xiii. Property Information. To the CITY's best knowledge, any Property Information (as defined in Section 3.h below) related to the CITY Parcel delivered to DEVELOPER are true and complete copies of such items and such items contain no material information actually known by CITY to be false.
xiv. Environmental Review: Design Review; Conditions of Approval. The CITY will review the Project Applications for conformance with this Agreement and the California Environmental Quality Act ("CEQA"). It is anticipated that the Project will be considered categorically exempt for CEQA purposes, however, the Project Application shall be reviewed as required by law in all cases.

If the Project is modified or other circumstances arise that would require additional review of the Project pursuant to CEQA, prior to submitting an application for any modified approvals for the Project, CITY shall cause to be performed, at DEVELOPER'S expense, any additional environmental studies required by the CITY in connection with Project's environmental review in accordance with CEQA. DEVELOPER acknowledges that Project approval or disapproval following completion of any such additional required environmental 7 review is within the CITY'S sole and absolute discretion without limitation by or consideration of this Agreement's terms, and that the CITY makes no representation regarding the CITY'S ability or willingness to approve a modified Project at the conclusion of any CEQA required supplemental environmental review process, or regarding imposition of any mitigation measures required as a result thereof.

Before the Close of Escrow DEVELOPER shall have the right to terminate this Agreement by delivery of written notice to CITY if the CITY disapproves any permit or authorization required for the Project following completion of any required supplemental environmental review or DEVELOPER determines that implementation of any additional environmental mitigation measures required as a result of such supplemental review or the Conditions of Approval imposed in connection with such supplemental review or the Project Applications would cause the Project's development to become economically infeasible.

3. LANDSCAPE AREA DISPOSTION; CONDITIONS PRECEDENT TO CLOSING a. Conveyance of Landscape Area: Review of Title. DEVELOPER acknowledges receipt of a preliminary title report for the CITY Parcel, dated as of July 19, 2023, issued by Fidelity Title Company (the "Title Report"). Provided that all conditions precedent set forth in this Agreement have been satisfied or waived, CITY shall cause the Landscape Area to be established as a separate legal parcel and then shall convey to DEVELOPER, and DEVELOPER shall acquire from CITY the fee interest in the Landscape Area in accordance with and subject to this Agreement's terms, covenants and conditions subject to:
i. Applicable building and zoning laws and regulations; ii. Any lien tor current taxes and assessments or taxes and assessment accruing subsequent to recordation of the Grant Deed described below; iii. Exception numbers 1 through 9 inclusive, 11, 15 through 21 and 24 through 26 as shown on the Title Report;
iv. Liens and encumbrances created or permitted by DEVELOPER; and v. Such other conditions, liens, encumbrances, restrictions; easements and exceptions as DEVELOPER may approve in writing, which approval shall not be unreasonably withheld conditioned or delayed.

All of the foregoing are collectively hereinafter referred to as "DEVELOPER'S Permitted Exceptions"
The Landscape Area shall be conveyed by a grant deed substantially in the form attached hereto as Exhibit D (the "Grant Deed").
b. Conveyance Consideration. Subject to full compliance with this Agreement, CITY shall convey the Landscape Area to DEVELOPER in exchange for the benefits to be derived by the CITY and the public in general as described in Recital F above which are agreed to be 8 equivalent to the Landscape Area's fair market value, based upon the intent of DEVELOPER to provide the multi -story mixed use apartment and commercial / retail Project on the site with the improvements to the Landscape Area described in this Agreement. In connection therewith, the Parties acknowledge that the CITY is required to comply with the provisions of the California Surplus Lands Act (Government Code Sections 54220 through 54234 and the "SLA") with respect to the Landscape Area. In connection therewith the Parties acknowledge that:
i. The CITY has given the Notice of Availability / Offer to Sell Surplus Property required by the SLA, effective as of November 1, 2022, and more than sixty (60) days have passed with the CITY receiving no letters or other communications of interest in the Land. ii. The CITY has received information from the California Department of Housing and Community Development and made its own a good faith determination that the Landscape Area is "exempt surplus land" pursuant to Government Code Section 54221(f)(1) because it is unsuitable for housing because of size.
c. Good Faith Deposit; Independent Consideration.
i. Good Faith Deposit.

1.) Upon approval of the Development Applications and this Agreement, DEVELOPER shall deliver to the Escrow Agent described in Section 3.d below, a Good Faith Deposit, of Ten Thousand Dollars ($10,000.00) in cash, cashier's check or wire transferred funds ("Ready Funds") as a deposit against the transaction costs as described in Section

3.e below.

2.) DEVELOPER may elect not to proceed with the Project, in which such event, or upon other termination of this Agreement before the Close of Escrow, the Good Faith Deposit will be distributed pursuant to DEVELOPER, less any costs incurred to Escrow Holder. If this Agreement is terminated due to a DEVELOPER Default Event as described in Section 6.a below, the Escrow Holder shall pay its expenses incurred and distribute the balance of the Good Faith Deposit to the CITY. If this Agreement is terminated due to a CITY Default Event as described in Section 6.b below, the Good Faith Deposit shall he returned to DEVELOPER.

3.) At the Closing, the Good Faith Deposit shall be applied against the costs to be paid by the DEVELOPER as described in Section 3.e below. ii. Independent Consideration. Within five business days after the Effective Date, DEVELOPER shall deliver to CITY, One Hundred Dollars ($100.00) (the "Independent Consideration") which shall be non-refundable to DEVELOPER under any circumstances as independent consideration for the rights extended to DEVELOPER under this Agreement. The Independent Consideration shall not be applicable towards the DEVELOPER'S costs. d. Escrow. Promptly after execution of this Agreement by the CITY, CITY and DEVELOPER shall open escrow at the office of Fidelity Title Company located at 2222 South Broadway, Santa Maria, CA 93454, or such other title company as the Parties may agree upon (the "Escrow Agent" or the "Title Company") in order to consummate the Landscape Area's 9 conveyance to DEVELOPER and the closing of escrow for the transaction contemplated hereby. e. Escrow. Title and Closing Costs: Legal Fees. DEVELOPER shall pay all title insurance premiums for policies DEVELOPER elects to purchase in connection with acquisition of the Landscape Area and financing the Project, and all recording fees, transfer taxes, escrow fees and closing costs incurred in connection with acquiring the Landscape Area and financing the Project. Property taxes and assessments shall be prorated as of the Closing Date. By not later than the Close of Escrow, CITY and DEVELOPER shall provide Escrow Agent with a copy of this Agreement, which together with such supplemental instructions as CITY or DEVELOPER may provide and which are consistent with this Agreement or which are otherwise mutually agreed upon by the Parties shall serve as escrow instructions for the Close of Escrow. f. Closing. The Closing Date for DEVELOPER'S acquisition of the Landscape Area shall be a date that is mutually acceptable to the Parties, which shall occur no later than forty-five (45) days after DEVELOPER obtains all discretionary land use entitlements required to develop the DEVELOPER'S Parcel and the Landscape Area.

Before the Close of Escrow and provided all conditions precedent to Close of Escrow have been satisfied or waived, DEVELOPER shall deposit into Escrow, all documents, executed and acknowledged as applicable, and all funds reasonably required by Escrow to close the transaction. Provided that all conditions precedent to Close of Escrow have been satisfied or waived, CITY shall deposit into escrow the executed and acknowledged Grant Deed and all other documents reasonably required by Escrow to close the transaction. On the Closing Date, the Escrow Agent shall cause the Grant Deed and to be recorded in the Official Records and disburse all funds and documents are required by this Agreement. g. Tax Free Exchange. If DEVELOPER notifies CITY before the Close of Escrow that DEVELOPER intends to effectuate a tax free exchange pursuant to Internal Revenue Code Section 1031 in connection with the transaction contemplated by this Agreement, CITY will cooperate with DEVELOPER, at no cost, expense, or liability to CITY, in DEVELOPER'S attempt to effectuate such exchange, but CITY makes no representations to DEVELOPER that any such exchange shall be treated as tax free by the Internal Revenue Service. DEVELOPER agrees to indemnify CITY against all liability with respect to any action which DEVELOPER requests CITY to take pursuant to this Section, and to reimburse CITY for all fees, costs, and expenses (including reasonable attorneys' fees) incurred by CITY as a result of DEVELOPER'S election to participate in a Section 1031 exchange. CITY shall not be required to hold title to any real estate or other assets in order to cooperate with DEVELOPER'S Section 1031 exchange. h. Delivery of Disclosures / Property Information. CITY represents and warrants that it has disclosed to DEVELOPER all material information that impacts on the value or desirability of the Landscape Area, and has delivered to DEVELOPER the following items relating to the Landscape Area (collectively, the "Property Information"), to the extent within CITY'S possession, custody, or control (but excluding any items that are protected from disclosure by the attorney -client privilege, or otherwise statutorily protected). i. Any environmental reports and a schedule listing any such reports. 10 ii. All existing and currently effective plans, specifications, permits, approvals maps and surveys (including, without limitation, archaeological, boundary, topographic and tree surveys).
iii. Any soils and engineering reports.
iv. All currently effective agreements with any governmental authority with respect to any zoning modification, variance, exception, platting or other matter relating to the zoning, use, development, subdivision or platting of the Landscape Area. v. Copies of all agreements, studies, report, correspondence and other documents relating to the presence or absence of any endangered species or environmentally sensitive areas on the Landscape Area.
vi. Any leases, contracts or agreements relating to the Landscape Area or services being provided or to be provided to the Landscape Area, including, without limitation, any agreements with electric, cable, gas, telephone or other utility providers.

CITY shall provide to DEVELOPER any documents described above and coming into CITYS possession, custody, or control, or generated by CITY after the initial delivery above and before the Close of Escrow.
i. CITY'S Conditions to Closing. CITY'S obligations to convey the Landscape Area to DEVELOPER is conditioned upon the satisfaction of the terms and conditions set forth in this Section 3.i, unless any such condition is waived in writing by the CITY acting in the discretion of its Authorized Representative.
i. No Default. There shall exist no condition, event, or act which would constitute a material breach or DEVELOPER Default Event under this Agreement or which, upon the giving of notice or the passage of time, or both, would constitute such a material breach or DEVELOPER Default Event.
ii. Representations. All DEVELOPER representations and warranties contained herein or in any other document or certificate delivered in connection with the transactions contemplated by this Agreement shall be true and correct in all material respects as of the Close of Escrow.
iii. Execution, Delivery and Recordation of Documents. DEVELOPER shall have executed, acknowledged as applicable, and delivered to CITY this Agreement, and all other documents required in connection with the transactions contemplated hereby. At the Close of Escrow, the Grant Deed shall be recorded in the Official Records. iv. Land Use Approvals. DEVELOPER shall have delivered evidence reasonably satisfactory to CITY that DEVELOPER has obtained all discretionary land use entitlements required to develop the Project as contemplated by the Development Applications and shall have merged the Landscape Area into the DEVELOPER'S Parcels. 11 v. Fee Payment. DEVELOPER shall have paid when due all fees and charges in connection with the processing of all applicable CITY permits and Development Approvals, and DEVELOPER shall have paid all applicable escrow fees and costs. vi. Other Documents. DEVELOPER'S delivery to CITY, and CITY approval of such other documents related to the Project's development as CITY may reasonably request. vii. Funds Deposit. DEVELOPER shall have deposited into escrow funds in the amount of all costs and expenses required to be paid by DEVELOPER through escrow. viii. Settlement Statement. CITY shall have approved the final settlement statement for the Close of Escrow.
j. DEVELOPER'S Conditions to Closing. DEVELOPER'S obligation to proceed with acquisition of the Landscape Area is subject to the satisfaction or DEVELOPER'S waiver of the conditions stated in this Section 3.j unless any such condition is waived in writing by DEVELOPER.
i. No Default. CITY shall not be in default under this Agreement's terms and all CITY representations and warranties contained herein shall be true and correct in all material respects.
ii. Due Authorization and Good Standing. CITY shall have delivered to DEVELOPER resolutions or other evidence certified by an authorized CITY officer or agent, authorizing CITY'S execution of and performance under this Agreement. iii. Document Execution. CITY shall have executed and acknowledged the Grant Deed and all other documents to which the CITY is a party, and shall have delivered such documents into escrow.
iv. SLA Processing. CITY shall have completed any remaining SLA process as contemplated by Section 3.b above.
v. Map Processing. CITY shall have approved a Parcel Map, lot line adjustment, record of survey, or other action as may be necessary to convey the Landscape Area to DEVELOPER, and to join it into the DEVELOPER'S Parcels. vi. Title Policies. The Title Company shall have committed, upon payment of the premium therefor, to issue an such Title Insurance Policies for the benefit and protection of DEVELOPER (the "Owner's Title Policy") and / or DEVELOPER'S lender, if any showing title to the Landscape Area vested in DEVELOPER, subject only to DEVELOPER'S Permitted Exceptions and containing such endorsements as DEVELOPER may reasonably require, with the cost of such Owner's Title Policy to be paid by DEVELOPER. vii. Mechanics' Liens. CITY shall have provided evidence reasonably satisfactory to DEVELOPER and / or the Title Company that no mechanics' liens or stop notices have been served and / or recorded relating to the Landscape Area or the Project as a result of the 12 activities of CITY or its employees, contractors, or agents, and provision of full waivers or releases of any such lien claims if reasonably required by DEVELOPER and / or Title Company (or, in the alternative, verification that no construction activities have been performed on the CITY Parcel within the sixty (60) days prior to Closing).
viii. Land Use Approvals. DEVELOPER shall have obtained the Entitlements and all other discretionary land use approvals required to develop the Project on the DEVELOPER'S Parcels and the Landscape Area, subject only to such conditions as are reasonably acceptable to DEVELOPER, and all such approvals shall have been given by all required actions conducted in accordance with all applicable federal, state and local laws, rules, ordinances and regulations ("Applicable Laws"), and all appeal periods or periods within which such approvals can be challenged shall have expired without any appeal or challenge having been filed or any appeal or challenge. Each such Entitlement or other approval shall be fully vested and transferable by DEVELOPER.
ix. Settlement Statement. DEVELOPER shall have approved the final settlement statement for the Close of Escrow.

4. PROJECT DEVELOPMENT AND USE
a. Acquisition and Development Costs. DEVELOPER shall be solely responsible for all direct and indirect cost and expenses incurred in connection with the acquisition of the Landscape Area. Except as specified in Exhibit C, all costs to design, develop and construct the Project and compliance with the Conditions of Approval (as defined in Section 4.c below), including without limitation all offsite and on -site improvements required by CITY in connection therewith, shall be borne solely by DEVELOPER and shall not be a CITY obligation. b. Permits and Approvals: Fee Payment: Cooperation. DEVELOPER acknowledges this Agreement's execution by the CITY does not constitute CITY approval for the purposes of building permit issuance, does not limit in any manner the CITY'S discretion in such approval process, and does not relieve DEVELOPER from the obligation to apply for and to obtain from the CITY and all other agencies with jurisdiction over the Project, all necessary approvals and permits to construct the Project (including without limitation, approval of architectural plans), nor does it limit in any manner the CITY'S discretion or that of any other agency in such approval process.
c. Conditions of Approval. DEVELOPER shall develop the Project in accordance with this Agreement's terms and conditions and in compliance with the terms and conditions of all approvals, Entitlements and permits that the CITY or any other governmental body or agency with jurisdiction over the Project has granted or issued as of the date hereof or may hereafter grant or issue in connection with the Project's development, including without limitation, all mitigation measures imposed in connection with the Project's environmental review and all conditions of approval imposed in connection with any Entitlements, approvals or permits (all of the foregoing approvals, entitlements, permits, mitigation measures and conditions of approval are hereafter collectively referred to as the "Conditions of Approval"). d. Fees. DEVELOPER shall be solely responsible for, and shall promptly pay when 13 due, all customary and usual fees and charges of CITY and all other agencies with jurisdiction over the Project's development, including without limitation, those related to the processing and consideration of amendments, if any, to the Development Applications, any related approvals and permits, environmental review, architectural review, historic review, and any subsequent approvals for the Project.
e. Construction Plans. Before construction, DEVELOPER shall submit to CITY'S Building Division detailed construction plans for the Project (the "Construction Plans"). As used herein "Construction Plans" means all construction documents upon which DEVELOPER and DEVELOPER'S contractors shall rely in developing and constructing the Project (including the landscaping, parking, and common areas) and shall include, without limitation, the site development plan, final architectural drawings, landscaping, exterior lighting and signage plans and specifications, materials specifications, final elevations, and building plans and specifications.

The Construction Plans shall be based upon the scope of development set forth herein and upon the Entitlements.
f. Construction Pursuant to Plans. DEVELOPER shall develop each Project component in accordance with the approved Construction Plans, the Entitlements, the Conditions of Approval and all other permits and approvals granted by the CITY pertaining to the Project.

DEVELOPER shall comply with all directions, rules and regulations of any fire marshal, health officer, building inspector or other officer of every governmental agency having jurisdiction over the Project. Each element of the work shall proceed only after procurement of each permit, license or other authorization that may be required for such element by any governmental agency having jurisdiction. All design and construction work on the Project shall be performed by licensed contractors, engineers or architects, as applicable.
g. Chan Ye in Construction Plans. If DEVELOPER desires to make any material change in the approved Construction Plans, DEVELOPER shall submit the proposed change in writing to the CITY Planning Director for the CITY'S written approval, which approval shall not be unreasonably withheld, conditioned, or delayed if the Construction Plans, as modified by any proposed change, substantially conform to the requirements of this Agreement and any approvals issued by the CITY after the Effective Date. Unless a proposed change is rejected by CITY within sixty (60) days, it shall be deemed approved. If rejected, the previously approved Construction Plans shall continue to remain in full force and effect. Any change in the Construction Plans required in order to comply with applicable codes shall be deemed approved, so long as such change does not substantially nor materially change the architecture, design, function, use, or amenities of the Project as shown on the latest approved Construction Plans. Nothing in this Section 4.g is intended to or shall be deemed to modify the CITY'S standard plan review procedures.
h. CITY Disclaimer. DEVELOPER acknowledges that the CITY is under no obligation, and, except for normal building permit inspections, the CITY neither undertakes nor assumes any responsibility or duty to DEVELOPER or to any third party, to in any manner review, supervise, or inspect the Project's construction progress. DEVELOPER and all third parties shall rely entirely upon its or their own supervision and inspection in determining the quality and suitability of the materials and work, the performance of architects, subcontractors, and material suppliers, and all other matters relating to the Project's construction and operation. Any review or 14 inspection undertaken by the CITY is solely for the purpose of determining whether DEVELOPER is properly discharging its obligations under this Agreement and shall not be relied upon by DEVELOPER or any third party as a CITY warranty or representation as to the quality of the Project's design or construction or otherwise.
i. Plan Defects. The CITY shall not be responsible to DEVELOPER or to any third party for any defect in the Construction Plans or for any structural or other defect in any work done pursuant to the Construction Plans. To the greatest extent permitted by law, DEVELOPER shall indemnify, defend (with counsel approved by CITY) and hold harmless the Indemnitees from and against all Claims arising out of, or relating to, or alleged to arise from or relate to defects in the Construction Plans or defects in any work done pursuant to the Construction Plans whether or not any insurance policies shall have been determined to be applicable to any such Claims.

DEVELOPER'S indemnification obligations set forth in this Section 4.i shall survive the expiration or earlier termination of this Agreement. DEVELOPER'S indemnification obligations pursuant to this Section 4.i shall not extend to Claims to the extent arising from the gross negligence or willful misconduct of the Indemnitees and are subject to the additional terms set forth in Section 7.b below.
j. Maintenance. Commencing upon DEVELOPER'S acquisition of the Landscape Area, DEVELOPER shall at its own expense, maintain the Project and the improvements to be constructed thereon, including the landscaping, common areas, driveways, parking areas, and walkways (the "Improvements"), in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all Applicable Laws.

Without limiting the foregoing, DEVELOPER agrees to maintain the Project and the Improvements in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair, abandoned vehicles / appliances, and illegal activity, and shall lake all reasonable steps to prevent he same from occurring on the Project. DEVELOPER shall prevent and / or rectify any physical deterioration of the Improvements and shall make all repairs, renewals and replacements as may be reasonably necessary to keep Project and the Improvements in good condition and repair.
k. Taxes and Assessments. Commencing upon the Close of Escrow, DEVELOPER shall pay all real and personal property taxes, and other taxes assessed against the Landscape Area and any Improvements thereon, at such times and in such manner as to prevent any lien or charge from attaching to the Project or Improvements; provided, however, DEVELOPER shall have the right to contest in good faith, any such taxes, assessments, or charges. If the DEVELOPER exercises its right to contest any tax, assessment or charge, the DEVELOPER, on final determination of the proceeding or contest, shall immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest.

1. Designation as Point of Sale. DEVELOPER and its successors and assigns shall maintain such licenses and permits as may be required by any governmental agency to conduct taxable sales arising from the Project and, to the extent permitted by law, shall designate CITY'S jurisdiction as the "point of sale" for all taxable sales and lease transactions occurring from any business on the Project in all reports to the California State Board of Equalization in accordance with the Bradley Burns Uniform Sales and Use Tax Law (Revenue and Taxation Code 72000 et seq.), as it may be amended or substituted from time to time, and on sales tax returns to the State 15 of California for all taxable sales occurring at the Project.

5. SITE CONDITION; ENVIRONMENTAL MATTERS
a. Access to Landscape Area. Prior to the Close of Escrow, DEVELOPER and DEVELOPER'S authorized representatives may enter upon and conduct reviews and assessments of the Landscape Area's physical and environmental condition and the condition of the existing Improvements. CITY may require DEVELOPER to execute a commercially reasonable right of entry agreement satisfactory to CITY prior to entry onto the Landscape Area for such purpose and shall require DEVELOPER to provide proof of liability insurance reasonably acceptable to CITY.

DEVELOPER'S inspection, examination, survey and review of the Landscape Area shall be at DEVELOPER'S sole expense. DEVELOPER shall provide CITY with copies of all third -patty reports and test results promptly following completion of such reports and testing.

DEVELOPER hereby agrees to notify the CITY twenty -tour (24) hours in advance of its intention to enter the Landscape Area and will provide work plans, drawings, and descriptions of any intrusive sampling it intends to do. DEVELOPER shall keep the Landscape Area in a safe condition during its entry. DEVELOPER shall substantially repair, restore and return the Landscape Area to its condition immediately preceding DEVELOPER'S entry thereon at DEVELOPER'S sole expense. DEVELOPER will not permit any mechanics liens, stop notices or other liens or encumbrances to be placed against the Landscape Area before Close of Escrow, in connection with its site access and / or inspections as provided by this Section 5.a. Without limiting any other indemnity provisions set forth in this Agreement, to the greatest extent permitted by law, DEVELOPER shall indemnify, defend (with counsel approved by CITY) and hold the Indemnitees harmless from and against all Claims resulting from or arising in connection with entry upon the Landscape Area by DEVELOPER or DEVELOPER'S agents, employees, consultants, contractors or subcontractors pursuant to this Section 5.a except to the extent arising from the Indemnitees' gross negligence or willful misconduct. DEVELOPER'S indemnification obligations set forth in this Section 5.a shall survive the Close of Escrow and this Agreement's termination, and shall be subject to the additional terms and conditions set forth in Section 7.b below. b. Environmental Disclosure. To the extent the CITY has possession. custody or control of investigative reports concerning the Landscape Area, it will provide copies to DEVELOPER; but the Parties acknowledge that CITY will not be conducting a public records search of any regulatory agency files although the CITY urges DEVELOPER to do so to satisfy itself regarding the Landscape Area's environmental. By executing this Agreement.

DEVELOPER:
i. Acknowledges its receipt of the foregoing notice respecting the Landscape Area's environmental condition;
ii. Acknowledges that it will have an opportunity to conduct its own independent review and investigation of the Landscape Area before the Close of Escrow; and iii. Agrees to rely solely on its own experts in assessing the environmental condition of the Landscape Area and its sufficiency for its intended use. 16 c. Property Conveyed "AS IS". DEVELOPER specifically acknowledges that the CITY is conveying and DEVELOPER is acquiring the Landscape Area on an "AS IS," "WHERE IS," and "WITH ALL FAULTS" basis and that, except as provided in this Agreement, DEVELOPER is not relying on any representations or warranties of any kind whatsoever, express or implied, from CITY, its employees, board members, agents, or brokers as to any matters concerning the Landscape Area. Except as provided in this Agreement, the CITY makes no representations or warranties as to any matters concerning the Landscape Area, including without limitation:
i. The Landscape Area or the Improvement's (if any) quality, nature, adequacy, or physical condition, including, but not limited to, the structural elements, appurtenances, access, landscaping, parking facilities, or the electrical, mechanical, plumbing, sewage, and utility systems, facilities and appliances; ii. The quality, nature, adequacy, and physical condition of soils, geology and any groundwater;
iii. The existence, quality, nature, adequacy, and physical condition of utilities serving the Landscape Area;
iv. The Landscape Area's development potential, and its use, habitability, merchantability, or fitness, suitability, value or adequacy for any particular purpose; v. The Landscape Area's zoning or other legal status, or any other public or private restrictions on the Landscape Area;
vi. The Landscape Area's compliance with any Environmental Laws, covenants, conditions and restrictions of any governmental or quasi -governmental entity or of any other person or entity;
vii. The presence or removal of Hazardous Material, substances or wastes on, under or about the Landscape Area or the adjoining or neighboring property; viii. The quality of any labor and materials used in any Improvements on the Landscape Area;
ix. The condition of title to the Landscape Area;
x. Any leases, service contracts, or other agreements (if any) affecting the Landscape Area; or
xi. The economics of the proposed operations on the Landscape Area. d. DEVELOPER to Rely on Own Experts. DEVELOPER understands that notwithstanding the CITY's delivery to DEVELOPER of any Property Information, including, without limitation, third party reports, DEVELOPER will rely entirely on DEVELOPER'S own experts and consultants and its own independent investigation in proceeding with the Landscape 17 Area's acquisition.
e. Release by DEVELOPER Effective upon the Close of Escrow for the Landscape Area, DEVELOPER WAIVES, RELEASES, REMISES, ACQUJTS AND FOREVER DISCHARGES the Indemnitees from any and all Claims, direct or indirect, known or unknown, foreseen or unforeseen, which DEVELOPER now has or which may arise in the future on account of or in any way arising out of or in connection with the Landscape Area's physical condition, the presence of Hazardous Materials in, on, under or about the Landscape Area, or any law or regulation applicable thereto including, without limiting the generality of the foregoing, all Environmental Laws.

DEVELOPER ACKNOWLEDGES THAT DEVELOPER IS FAMILIAR WITH CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.

BY INITIALING BELOW, DEVELOPER EXPRESSLY WAIVES THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 WITH RESPECT TO THE FOREGOING RELEASE:

DEVELOPER'S initials:

Notwithstanding the foregoing, the releases and waivers set forth in Sections 5.a through 5.d above inclusive, shall not relieve CITY of its liability for i. Any breach of CITY'S Representations;
ii. Any breach of any of CITY'S covenants in this Agreement that expressly survive the Closing; and / or
iii. CITY'S fraud or willful misconduct in connection with the Landscape Area or this Agreement.
f. CITY'S Post -Closing Obligations. CITY hereby covenants and agrees that after Close of Escrow it will cooperate with DEVELOPER'S reasonable requests to cause the removal of any of record easements and other encumbrances that burden the Landscape Area (except as provided in the Title Report), to the extent that they may hamper or impede the Project's development. This obligation shall survive the Close of Escrow. g. Environmental Indemnity. To the greatest extent permitted by law, DEVELOPER shall indemnify, defend (with counsel approved by CITY) and hold Indemnitees harmless from and against all Claims resulting, arising, or based directly or indirectly in whole or 18 in part, upon:
i. The presence, release, use, generation, discharge, storage or disposal of any Hazardous Material on, under, in or about the Landscape Area, or the transportation of any such Hazardous Material to or from, the Landscape Area, or
ii. The failure of DEVELOPER, DEVELOPER'S employees, agents, contractors, subcontractors, or any person acting on behalf of or as the invitee of any of the foregoing to comply with Environmental Laws, except to the extent caused by the CITY'S gross negligence or willful misconduct. The foregoing indemnity shall further apply to any residual contamination in, on, under or about the Landscape Area or affecting any natural resources, and to any contamination of any property or natural resources arising in connection with the generation, use, handling, treatment, storage, transport or disposal of any such Hazardous Material, and irrespective of whether any of such activities were or will be undertaken in accordance with Environmental Laws.

DEVELOPER'S obligation to indemnify the Indemnitees shall not be limited or impaired by any of the following:
iii. The accuracy or inaccuracy of any representation and warranty made by DEVELOPER under this Agreement or by DEVELOPER to any other party, and iv. The release of DEVELOPER or any other person, by CITY or by operation of law, from performance of any obligation under this Agreement.

The provisions of this Section 5.g shall be in addition to any and all other obligations and liabilities DEVELOPER may have under Applicable Laws, and each Indemnitee shall be entitled to indemnification under this Section 5.g without regard to whether CITY or that Indemnitee has exercised any rights against any rights against any other party, or pursued any other rights available under this Agreement or Applicable Laws. DEVELOPER'S obligation to indemnify the Indemnitees under this Section 5.g shall survive any foreclosure proceeding, any foreclosure sale, and any delivery of any deed in lieu of foreclosure. DEVELOPER'S indemnification obligations under this Section 5.g shall not extend to Claims to the extent arising from the Indemnitees' gross negligence or willful misconduct and are subject to the additional terms set forth in Section 7.b below.
h. No Limitation. DEVELOPER hereby acknowledges and agrees that DEVELOPER'S duties, obligations, and liabilities under this Agreement are in no way limited or otherwise affected by any information the CITY may have concerning the PROJECT and / or the presence in, on, under or about the Project of any Hazardous Material, whether the CITY obtained such information from the DEVELOPER or from its own investigations.

6. DEFAULTS, REMEDIES AND TERMINATION
a. DEVELOPER Default Event. The following events, if occurring before the Closing, shall constitute an event of default by DEVELOPER hereunder ("Developer Default Event").
19 i. Any DEVELOPER representation or warranty contained in this Agreement or in any application, certificate or report submitted to the CITY in connection with this Agreement proves to have been incorrect in any material and adverse respect when made and continues to be materially adverse to the CITY;
ii. If DEVELOPER, pursuant to or within the meaning of the United States Bankruptcy Code or any other federal or state law relating to insolvency or relief of debtor ("Bankruptcy Law"):

1.) Commences a voluntary case or proceeding;

2.) Consents to the entry of an order for relief in an involuntary case;

3.) Consents to the appointment of a trustee, receiver, assignee, liquidator or similar official;

4.) Makes an assignment for the benefit of its creditors; or

5.) Admits in writing its inability to pay its debts as they become due; iii. A court of competent jurisdiction shall have made or entered any decree or order:

1.) Adjudging DEVELOPER to be bankrupt or insolvent;

2.) Approving as properly filed, a petition seeking reorganization of DEVELOPER, seeking any arrangement for DEVELOPER under bankruptcy law or any other applicable debtor relief law or statute of the United States or any state or other jurisdiction;

3.) Appointing a receiver, trustee, liquidator, or assignee of DEVELOPER in bankruptcy or insolvency or for any of its properties; or,

4.) Directing the winding up or liquidation of DEVELOPER, in each case if such decree, order, petition, or appointment is not removed or rescinded within sixty (60) days;
iv. DEVELOPER shall have assigned its assets for the benefit of its creditors (other than pursuant to a mortgage loan) or suffered a sequestration or attachment of or execution on any substantial part of its property, unless the property so assigned, sequestered, attached or executed upon shall have been returned or released within sixty (60) days after such event or prior to any sooner sale pursuant to such sequestration, attachment, or execution; v. DEVELOPER shall have voluntarily suspended its business or DEVELOPER shall have been dissolved or terminated; or
vi. DEVELOPER defaults in the performance of any term, provision, covenant 20 or agreement contained in this Agreement other than an obligation enumerated in this Section 6.a and unless a shorter cure period is specified for such default, the default continues for ten (10) days in the event of a monetary default or thirty (30) days in the event of a nonmonetary default after the date upon which CITY shall have given written notice of the default to DEVELOPER; provided however, if the default is of a nature that it cannot be cured within thirty (30) days, a DEVELOPER Default Even shall not arise hereunder if DEVELOPER, as applicable, commences to cure the default within thirty (30) days and thereafter prosecutes the curing of such default with due diligence and in good faith to completion.
b. City Default A default by CITY hereunder ("CITY Default Event") shall arise if CITY fails to keep, observe, or perform any of its covenants, duties, or obligations under this Agreement, and the default continues for a period of thirty (30) days after written notice thereof from DEVELOPER to CITY, or in the case of a default which cannot with due diligence be cured within sixty (60) days, CITY fails to commence to cure the default within sixty (60) days of such notice and thereafter fails to prosecute the curing of such default with due diligence and in good faith to completion.
c. CITY'S Right to Terminate Agreement If a DEVELOPER Default Event occurs and continues beyond any applicable cure period, then CITY shall, in addition to other rights available to it under law or this Agreement, have the right to terminate this Agreement. If CITY makes such election, CITY shall give written notice to DEVELOPER specifying the nature of the default and stating that this Agreement shall expire and terminate on the date specified in such notice, and upon the date specified in the notice, this Agreement and all rights of DEVELOPER under this Agreement, shall expire and terminate.
d. CITY'S Remedies and Rights upon a DEVELOPER Default Event. If a DEVELOPER Default Event occurs and upon expiration of any applicable cure period, CITY shall have all remedies available to it under this Agreement or under law or equity, including, but not limited to the following, and CITY may, at its election, without notice to or demand upon DEVELOPER, except for notices or demands required by law or expressly required pursuant to this Agreement, exercise one or more of the following remedies:
i. Terminate this Agreement pursuant to Section 6.c above; and ii. Pursue any and all other remedies available under this Agreement or in law or equity to enforce the CITY'S rights hereunder.
e. DEVELOPER'S Remedies upon a CITY Default Event Upon the occurrence of a CITY Default Event, DEVELOPER may, at its election, exercise one or more of the following remedies:
i. Bring an action for equitable relief seeking the specific performance of this Agreement's terms and conditions, and / or enjoining, abating, or preventing any violation of such terms and conditions;
ii. Terminate this Agreement, and / or
21 iii. Pursue any and all other remedies available under this Agreement or in law or equity to enforce this Agreement and DEVELOPER'S rights hereunder. f. Remedies Cumulative: No Consequential or Punitive Damages. Except as otherwise expressly stated in this Agreement, the Parties rights and remedies are cumulative, and a Party's exercise of one or more of such rights or remedies shall not preclude the exercise by it at the same or different time, of any other rights or remedies for the same or any other default by the other Party. Notwithstanding anything to the contrary contained in this Agreement, the Parties each expressly waive all rights to seek or recover consequential or punitive damages in connection with any default in performing this Agreement, or breach thereof. g. Inaction Not a Waiver of Default. No failure or delay by either Party in asserting any of its rights and remedies as to any default shall operate as a waiver of such default or of any such rights or remedies, nor deprive either Party of its rights to institute and maintain any action or proceeding which it may deem necessary to protect assert or enforce any such rights or remedies in the same or any subsequent default.

7. INDEMNITY AND INSURANCE
a. Indemnity. To the greatest extent permitted by law, DEVELOPER shall indemnify, defend (with counsel approved by CITY) and hold the Indemnitees harmless from and against any and all Claims arising directly or indirectly, in whole or in part, as a result of or in connection with the Project's development, construction, improvement, operation, ownership, or maintenance by DEVELOPER or DEVELOPER'S contractors, subcontractors, agents, employees, or any other party acting for or on DEVELOPER'S behalf, or otherwise arising out of or in connection with DEVELOPER'S performance or failure to perform under this Agreement, including with our limitation, Claims arising or alleged to have arisen m connection with any violation of Applicable Laws in connection with the Project's development, operation, or management, or relating to approval of the Project or this Agreement. DEVELOPER'S indemnification obligations under this Section 7.a shall not extend to Claims to the extent arising from the gross negligence or willful misconduct of Indemnitees and are subject to the additional terms set forth in Section 7.b below. The provisions of this Section 7.a shall survive this Agreement's expiration or earlier termination. It is further agreed that CITY does not and shall not waive any rights against DEVELOPER that it may have by reason of this indemnity and hold harmless agreement because of the CITY'S acceptance, or DEVELOPER'S deposit with CITY, of any of the insurance policies described in this Agreement. Notwithstanding the above, no duty to indemnify shall arise for third party claims arising from this Agreement's negotiation or execution.
b. Terms Applicable to Indemnity Provisions. The terms set forth in this Section

7.b shall apply to all provisions of this Agreement that pertain to DEVELOPER'S obligations to indemnify CITY and the other Indemnitees. In connection with each such provision, all of the following shall apply:
i. CITY does not and shall not waive any rights against DEVELOPER that it may have by reason of any indemnity and hold harmless provision set forth in this Agreement because of acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the 22 insurance policies described in this Agreement.
ii. DEVELOPER'S obligation to indemnify the Indemnitees shall not be limited or impaired by any of the following:

1.) Any amendment or modification of this Agreement;

2.) Any extensions of time for performance required by this Agreement;

3.) The accuracy or inaccuracy of any representation and warranty made by DEVELOPER under this Agreement or by DEVELOPER or any other party under any this Agreement; and

4.) The release of DEVELOPER or any other person, by CITY or by operation of law, from performance of any obligation under this Agreement.

8. MISCELLANEOUS
a. No Brokers. Each Party warrants and represents to the other that no person or entity can properly claim a right to a real estate commission, brokerage fee, finder's fee, or other compensation with respect to the transactions contemplated by this Agreement. Each Party agrees to defend, indemnify and hold harmless the other Party from any claims, expenses, costs or liabilities arising in connection with a breach of this warranty and representation. The terms of this Section shall survive the Close of Escrow and this Agreement's expiration or earlier termination. i. Agreement to Extend Performance Time. Times to perform under this Agreement may be extended in writing by the mutual agreement of DEVELOPER and CITY (acting in the discretion of the Authorized Representative unless he or she determines in his or her discretion to refer such matter to the City Council.
b. Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Parties in accordance with this Section 8.b. All such notices shall be sent by:
(i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service.

CITY: DEVELOPER:

CITY OF SANTA MARIA
110 East Cook
Santa Maria, CA 93454
Attention: City Manager
Burt Fugate, Trustee
P.O. Box 5019
Santa Maria, CA 93456-5019
23 With a copy to (which copy shall not
constitute notice):

CITY OF SANTA MARIA
204 East Cook
Santa Maria, CA 93454
Attention: City Attorney
With a copy to (which copy shall not
constitute notice):

Alexander F. Simas

KIRK & SIMAS
2550 Professional Parkway
Santa Maria, CA 93455
c. Attorneys' Fees. If either Party fails to perform any of its obligations under this Agreement, or if any dispute arises between the Parties concerning the meaning or interpretation of any provision hereof, then the prevailing Party in any proceeding in connection with such dispute shall be entitled to the reasonable costs and expenses it incurs on account thereof and in enforcing or establishing its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees and disbursements, whether such action sounds in tort or contract, and irrespective of whether the action proceeds to final judgment. d. Waivers; Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Party. An extension of time for performing any obligation or act shall not be deemed an extension of the time for performing any other obligation or act, and no extension shall be valid unless in writing and executed by the Party granting the extension. This Agreement may be amended or modified only by a written instrument executed by the Parties. For purposes of the CITY, any modification need not be approved by the City Council but may instead be approved at the CITY staff level. e. Binding on Successors. This Agreement shall bind and inure to the benefit of the Parties and their respective successors and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor and assign of such Party who has acquired an interest in compliance with this Agreement or under law. f. Survival. Except as otherwise expressly provided in this Agreement, each Party's obligations under this Agreement shall cease to be effective two years after the Close of Escrow. g. Headings; Interpretation; Statutory References. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement.

The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. All references in this Agreement to particular statutes, regulations, ordinances or resolution of the United States, the State of California. or the CITY shall be deemed to include the same statute, regulation, ordinance, or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject. h. Action or Approval. Whenever action and/or approval by CITY is required under this Agreement, the CITY'S Authorized Representative or his or her designee may act on and/or approve such matter unless specifically provided otherwise, or unless the Authorized 24 Representative determines in his or her discretion that such action or approval requires referral to the City Council for consideration.
i. Entire Agreement. This Agreement, including the Exhibits attached hereto and incorporated herein by this reference, contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior written or oral agreements, understandings, representations or statements between the Parties with respect to the subject matter hereof. If the Exhibits to this Agreement are inconsistent with this Agreement, the more restrictive requirements shall control.
j. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one instrument. The signature page of any counterpart may be detached therefrom without impairing the signature's legal effect thereon provided such signature page is attached to any other counterpart identical thereto having additional signature pages executed by the other Patty. Any executed Agreement counterpart may be delivered to the other Party by facsimile and shall be deemed as binding as if an originally signed counterpart was delivered.
k. Severabilitv. If any Agreement term, provision, or condition is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless an essential Agreement purpose is defeated by such invalidity or unenforceability.

1. No Third -Party Beneficiaries. Except as expressly set forth herein, nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder. m. Parties Not Co -Venturers: Independent Contractor: No Aeencv Relationship.

Nothing in this Agreement is intended to or shall establish the Parties as partners, co -venturers, or principal and agent with one another as to the Landscape Area's conveyance. The relationship of DEVELOPER and CITY is and shall remain solely that of a grantor and a grantee, and shall not be construed as a joint venture, equity venture, partnership or any other relationship. Except as expressly provided in this Agreement, CITY neither undertakes nor assumes any responsibility or duty to DEVELOP or to any third party with respect to the Project. DEVELOPER and its employees are not CITY employees but rather are and shall always be considered independent contractors. Furthermore, DEVELOPER and its employees shall at no time hold themselves out as CITY employees or agents. Except as CITY may specify in writing, DEVELOPER shall not have any authority to act as a CITY agent or to bind CITY to any obligation. n. Time of the Essence: Time Period Calculation. Time is of the essence for each Agreement condition, term, obligation, and provision. Unless otherwise specified, when computing any period of time described in this Agreement, the day of the act or event after which the designated time period begins to run is not to be included and the last day of the period so computed is to be included unless such last day is not a business day, in which event the period shall run until the next business day. The final day of any such period shall be deemed to end at 5:OOp.m., local time at the DEVELOPER'S Parcel. For this Agreement's purposes, "business day" means a day that is not a Saturday, Sunday, a federal holiday or a state holiday under the California 25 law.
o. Governing Law; Venue This Agreement shall be governed by and construed in accordance with California law without regard to principles of conflicts of laws. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Santa Barbara County, California.
p. Political Activity. None of the materials, property or services provided by CITY to DEVELOPER under this Agreement shall be used for any partisan political activity or the election or defeat of any candidate for public office.
q. Non -Liability of CITY Officials. Employees. and Agents. No member, official, employee or agent of CITY shall be personally liable to DEVELOPER in the event of any CITY default or breach or for any amount which may become due to the DEVELOPER or its successor or on any obligation under this Agreement.
r. Conflict of Interest.
i. Except for approved eligible administrative or personnel costs, no person described in 8.r.ii below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person's tenure. The DEVELOPER shall exercise due diligence to ensure that the prohibition in this Section

8.r is followed.
ii. In accordance with Government Code § 1090 and the Political Reform Act (Government Code § 87100 et seq., no person who is a director, officer, partner, trustee, or employee or consultant of DEVELOPER, or immediate family member of any of the preceding, shall make or participate in a decision, made by the CITY or a CITY board, commission or committee if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or the DEVELOPER.

Interpretation of this Section 8.r.iiFORM shall be governed by the definitions and provisions used in the Political Reform Act, Government Code § 87100 et seq., its implementing regulations manual and codes, and Government Code § 1090.
[Balance of page left blank intentionally.

Signatures follow on next page.]
26 IN WITNESS WHEREOF, CITY and DEVELOPER have executed and approved this Agreement as of the date set forth below:

DATED: January 16, 2024

CITY OF SANTA MARIA
By: DEVELOPER:

Alice M. Patino
Mayor
Burt E. Fugate, Trustee of the Burt E.

Fugate Trust U/D/T 04/30/1998
ATTEST:

Sarah Lansburgh
Chief Deputy City Clerk
APPROVED AS TO FORM:

Thomas T. Watson
City Attorney
27 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
)
) ss

COUNTY OF SANTA BARBARA )
On , 2024, before me, , a Notary Public,
personally appeared ALICE M. PATINO, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF SANTA BARBARA
)
) ss
)
On , 2024, before me, , a Notary Public,
personally appeared BURT E. FUGATE, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
28 STATE OF CALIFORNIA )

COUNTY OF SANTA BARBARA

CITY OF SANTA MARIA
)
)
I, SARAH LANSBURGH, Chief Deputy City Clerk of the City of Santa Maria, DO HEREBY CERTIFY that the following is a true and correct copy of Pages 1 through 29 of the Sales and Disposition Agreement for the Cook Street Mixed Use Project. The Exhibits attached to this Agreement are incorporated herein and shall be considered a part of this Agreement for all purposes. The Agreement was duly and regularly approved by said City Council at a regular meeting held January 16, 2024.

Chief Deputy City Clerk of the
City of Santa Maria
29 EXHIBIT A TO

SALES AND DISPOSITION AGREEMENT

FOR THE COOK STREET MIXED USE PROJECT

DEVELOPER'S PARCELS
The following described property in the City of Santa Maria, County of Santa Barbara, State of California.

Lots 6 and 7 of Central City, Tract No. 5133, in the City of Santa Maria, County of Santa Barbara, State of California, as shown on map filed in Book 92, Pages 97 through 103, inclusive, in the office of the County Recorder of said County.

Assessor's Parcel Numbers 125-320-018 and 125-320-019

EXHIBIT A

EXHIBIT B TO

SALES AND DISPOSITION AGREEMENT

FOR THE COOK STREET MIXED USE PROJECT

CITY PARCEL
The following described property in the City of Santa Maria, County of Santa Barbara, State of California.

Lot 5 of Central City, Tract No. 5133, in the City of Santa Maria, County of Santa Barbara, State of California, as shown on map filed in Book 92, Pages 97 through 103, inclusive, in the office of the County Recorder of said County.

Assessor's Parcel Number 125-320-009

EXHIBIT B

EXHIBIT B-1 TO

SALES AND DISPOSITION AGREEMENT

FOR THE COOK STREET MIXED USE PROJECT

LANDSCAPE AREA LEGAL DESCRIPTION
Being a portion of Lot 5 of Central City Tract No. 5133, in the City of Santa Maria, County of Santa Barbara, State of California, as per Map recorded in Book 92, pages 97-103 of Maps. in the Office of the County Recorder of said County. more particularly described as follows:

Beginning at the northeast corner of Lot 7 of said Central City Tract No. 5133, being an angle point in the southerly line of said Lot 5;
Thence. westerly along the southerly line of Lot 5, South 89 degrees 38 minutes 29 seconds West, 207.05 feet to the property corner common to said Lot 5. 6 and 7:

Thence. westerly along said southerly line of Lot 5, South 89 degrees 38 minutes 29 seconds West, 48.20 feet to an angle point in said southerly line; Thence, North 45 degrees 21 minutes 31 seconds West, 92.61 feet to the northwesterly corner of said Lot 6;
Thence, along the easterly edge of the 30 -foot -wide public utility easement across said Lot 5 as shown on said Central City Tract No. 5133, North 44 degrees 38 minutes 29 seconds East,

33.43 feet to the southerly face of the parking garage:

Thence, along the southerly face of said parking garage, South 45 degrees 33 minutes 11 seconds East, 83 02 feet;
Thence, continuing along the southerly face of said parking garage, North 89 degrees 37 minutes 17 seconds East, 238.05 feet.

Thence, South 00 degrees 21 minutes 31 seconds East, 30.56 feet to the northeast corner of said Lot 7 and the True Point of Beginning_ Said area contains 10,478 square feet, more or less.
(See attached exhibit map made a part hereof)
g- y- 23
Marshall D Fargeo/L.S. 8962 date
EXHIBIT B-1

EXHIBIT B-2 TO

SALES AND DISPOSITION AGREEMENT

FOR THE COOK STREET MIXED USE PROJECT

LANDSCAPE AREA DEPICTION
[Landscape Area Depiction outlined in red on next page.] EXHIBIT B-2

0 CD
II
LiJ
J
U
PAKI\G STUCTUPE
L=100.09'
R=190.00'-
,1=30'11'00" (R)
L=18.74'
R=35.00'
\=30'40'37"
(R)
LEGEND
P.O.B.
(R)

COOK ST

TRUE POINT OF BEGINNING

DENOTES RECORD DATA PER MAPS
BOOK 92, PAGES 97 TO 103

DENOTES AREA BEING

DESCRIBED
LOT 5
N89'37'17"E 238.05'
BEET
NO'21'31"W

39.36' (R)
m
0 a
2624 AIRPARK DRIVE
SANTA MARIA, CA 93455
PHONE: 805-934-5727
FAX: 805-934-3448
DATE: AUGUST 2023
EXHIHIT v
AP
BEING A PORTION OF LOT 5 OF CENTRAL CITY TRACT
NO. 5133, IN THE CITY OF SANTA MARIA, COUNTY OF

SANTA BARBARA, STATE OF CALIFORNIA, AS
RECORDED IN BOOK 92, PAGES 97 TO 103 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER.

JOB #21038
EXHIBITMAP.DWG
SHEET 1 OF 1

EXHIBIT C TO

SALES AND DISPOSITION AGREEMENT

FOR THE COOK STREET MIXED USE PROJECT

DEVELOPMENT APPLICATION / PROJECT DESCRIPTION
Project shall provide:

Number of units and commercial square footage
• 2,000 (+/-) square feet of ground floor commercial/retail area used as a restaurant. An outdoor dining area may be included in this calculation. • Up to 104 residential units
Architecture and massing
• 6 stories, 70' in height
• Additional 5-10' allowed for architectural features such as decorative copulas and roof projections to add interest and break up massing and rooflines.

Amenities for residences
• The residential entry lobby includes a community center, meeting room, mail room and laundry room.
• Onsite enclosed trash and recycle room with drop chutes from the five floors above. • Third Floor community room with access to a roof garden terrace over the Porta Cochere • Floors four and five have a dedicated community room. • The sixth floor provides a multipurpose room, a community kitchen, exercise room and access to a rooftop terrace.

Mass transit improvements
• Reconstruction of bus stop fronting project on Cook Street to provide angled parking for buses, covered bus stop structure in same architectural style as project, seating area under structure, and bus route information signage.

Parking
• 1 space per studio unit
• 2 spaces per 1 and 2 bedroom units
It is anticipated that the City will create a business improvement district or other funding mechanism to defray the maintenance costs associated with the City parking structure. The Project shall participate in whatever funding mechanism is devised.

Residential / commercial courtyard
• Dual use emergency access / courtyard for outdoor dining and passive recreation area using interlocking pavers, grass-crete, and potted plants.

Infrastructure

EXHIBIT C

• City will design and install off -site infrastructure or infrastructure upgrades, as necessary for water supply, sewer supply or any regional drainage that is not required to treat onsite stormwater.

Fee incentives
• Waive all building permit fees by 50%

EXHIBIT C

EXHIBIT D TO

SALES AND DISPOSITION AGREEMENT

FOR THE COOK STREET MIXED USE PROJECT

GRANT DEED
[Forst of Grant Deed follows on next page.)

EXHIBIT D

RECORDING REQUESTED BY
Fidelity Title Company
WHEN RECORDED RETURN TO:
(Mail tax statements as specified below.)

KIRK & SIMAS
a professional law corporation
2550 Professional Parkway
Santa Maria, CA 93455
(805) 934-4600
File # 02291.07

SPACE ABOVE THIS LINE FOR RECORDER'S USE
NO FEE PER GOVERNMENT CODE SECTION 6103

GRANT DEED
The undersigned declares that the documentary transfer tax is $-0-. Consideration less than $100.

The land, tenements or realty is located in the city of Santa Maria, Santa Barbara County, California.

PURSUANT TO RESOLUTION NO , and for a valuable consideration, receipt of which is hereby acknowledged, the CITY OF SANTA MARIA, a California municipal corporation and charter city, hereby GRANTS to BURT E.

FUGATE, Trustee of the Burt E. Fugate Trust U/D/T 04/30/1998 the following described real property in Santa Barbara County, California:

Dated

LEGAL DESCRIPTION CONTAINED ON ATTACHED EXHIBIT A
A portion of Santa Barbara County Assessor's Parcel Number: 125-320-009 , 2024

CITY OF SANTA MARIA
By:

Alice M. Patino
Mayor
ATTEST: APPROVED AS TO FORM:

Sarah Lansburgh Thomas T. Watson
Chief Deputy CITY Clerk CITY Attorney

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF SANTA BARBARA
)
) ss
)
On , 2024, before me, , a Notary Public, personally appeared ALICE M.

PATINO, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

EXHIBIT A TO

GRANT DEED

LEGAL DESCRIPTION
Legal description to be established
A portion of Santa Barbara County Assessor's Parcel Number: 125-320-009

EXHIBIT A

FOR THE COUNCIL MEETING OF JANUARY 16, 2024

COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Interim Assistant City Manager Chuen Wu
SUBJECT: Receive a Status Update on the Mobile Home Model Lease Program Description:

The City Council will hear a status update on the mobile home model lease program, following direction provided by the City Council at its June 7, 2022, meeting.

RECOMMENDATION:

Receive a presentation providing a status update on the mobile home model lease program.

BACKGROUND:

In 1999, the City Council was asked to adopt a rent control ordinance. The City Council declined and determined that the City should facilitate the creation of a 10 -year Mobile Home Model Lease, which would serve as another lease agreement option between a park owner and resident, with terms on annual rent adjustments. The 1999 Mobile Home Model Lease was voluntary and consisted of four paragraphs that the park owners agreed to include in long-term leases. In 2009, the City facilitated the negotiation of the 2009 Mobile Home Model Lease, which had a 10 -year term. The 2009 Mobile Home Model Lease was based on the lease proposals of Casa Grande, Rancho Buena Vista, and Casa Del Rio leases.

In 2018, the City Council directed the City Manager and City Attorney to facilitate a new 10 -year Mobile Home Model Lease. At that time, the park residents, through various representatives, requested that the Mobile Home Model Lease be enforceable, as opposed to voluntary. The 2019 Agreement for Enforcement of Mobile Home Model Lease 2020 was adopted by the City Council on November 19, 2019 (Attachment A).

On June 7, 2022, the City Council met to discuss the Mobile Home Model Lease 2020 Agreement and to receive public comment. Following City Council discussion and public input, on the motion, direction was given to staff to work with community members and

park owners to examine enhancing the Model Lease Agreement to see if there was room for improvement and to look at alternatives.

DISCUSSION:

Following City Council direction, City staff held several meetings with community members and park owners to identify areas of improvement and to look for alternatives:
• 9/22/2022 Meeting with City, resident, and park owner representatives • 11/29/2022 Meeting with City and resident representatives • 2/22/2023 Meeting with City and resident representatives • 6/20/2023 Meeting with City and park owner representatives • 7/21/2023 Meeting with City and resident representatives • 11/14/2023 Meeting with City, resident, and park owner representatives Through these series of meetings, resident and park owner representatives shared their input on the existing Mobile Home Model Lease and identified and discussed four key issues: 1) participation; 2) outreach; 3) enforcement; and 4) financial terms. There is some agreement within these key issues, but also fundamental differences between the two stakeholder groups' positions, with park owners opposed to any form of rent stabilization, and residents still advocating for such an option.

A December 13, 2023, letter from Bruce Stanton details the position of the resident group (Attachment B), and a November 27, 2023, letter from Lisa Toke details the position of the park owners group (Attachment C). It is noted that these letters do not represent the view of all mobile home residents, nor all mobile home park owners, but reflect the positions of those stakeholders that have been engaged in the discussions over the past year.

Participation
As of the date of the preparation of this report, six mobile home parks are signed and participating, four are committed, and five remain not participating. The six mobile home parks represent 69 percent of the total mobile home park spaces. The addition of the four committed parks would raise this percentage to 85 percent. Newlove and Ranchwood Mobile Home Parks have signed the agreement electronically.

Santa Maria Mobile Home Park Model Lease Participation
Signed and Participating # spaces percent Not Signed # spaces percent Airport MHP 96 Anderson TP 10
Casa Grande 420 El Capitan Village 152
Casa del Rio 236 Highway TP 21
Rancho Buena Vista 209 Mobile Gardens 11
Santa Maria RV 7 Santa Maria TP 39
Trailer Rancho 100 Total not signed 233 15%
Total signed 1068 69%
Committed # spaces percent
La Maria 152
2 Newlove 26
Ranchwood 42
Riverside 22
Total committed
242 16% Total mobile home spaces 1543
Outreach
There is general agreement between the stakeholder groups that outreach is needed. In discussions on outreach, the City has committed to provide assistance in efforts to disseminate information and to educate the public about the Mobile Home Model Lease program. This may include in -person and virtual meetings, letters to mobile home park residents, posting of information on the City's website, and translation of letters and educational materials (but not contractual materials) in Spanish. The City will also help in the formation of an "outreach committee" that will provide guidance and direction on ongoing outreach efforts.

Enforcement
The Mobile Home Model Lease is enforced by civil remedy. To date, the City has received one complaint, which has been sufficiently remedied. Both stakeholder groups agree to make information available, in outreach communications, on how a homeowner can make a complaint to the City regarding possible violations of the Mobile Home Model Lease program. Both groups also agree to an amendment to Paragraph 2.02 of the Enforcement Agreement that would require the Mobile Home Model Lease to be offered to new buyers at the same time as any other lease agreement. The current language provides a 60 -day time frame. Both groups agree that park owners report to the City, annually, how many residents have signed the Mobile Home Model Lease. There was also discussion to create a volunteer committee of resident and park owner representatives to address any issues prior to a complaint filed with the City, to minimize City staff time.

Financial Terms
The stakeholder groups did not discuss the financial terms of the Mobile Home Model Lease; the park owners group emphasizes that they have entered into a binding agreement and have complied with its terms. The groups did discuss the potential of mobile home parks voluntarily providing financial assistance programs that could aid residents experiencing hardship.

Alternative(s)
The City Council may provide additional direction to staff, with recognition of the terms in the existing enforcement agreement of Mobile Home Model Lease 2020.

Fiscal Considerations
The City's commitment to assist in outreach efforts would require time and associated costs of City staff.

Impact to the Community
The 2020 Mobile Home Model Lease program provides another lease option for prospective mobile home residents. Improved efforts in participation, outreach, and enforcement will help prospective residents, including seniors. 3 ATTACHMENTS
A: Agreement for Enforcement of Mobile Home Model Lease 2020 B. December 13, 2023, letter from Bruce Stanton
C: November 27, 2023, letter from Lisa Toke
4 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,

CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE ENFORCEMENT AGREEMENTS FOR THE MODEL LEASE 2020 WITH MOBILE HOME PARK OWNERS
WHEREAS, the City Council directed the City Manager and City Attorney to facilitate the creation of a long term model lease for mobile park tenants; and WHEREAS, negotiations with mobile home park owners and tenants culminated in the creation of the Model Lease 2020; and
WHEREAS, Model Lease 2020 requires that the City enter into enforcement agreements with the mobile home park owners.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The findings above are true.

2. The Mayor is authorized to sign and enter into enforcement agreements in the form of the sample enforcement agreement attached as "Exhibit A" with mobile home park owners that decide to enter the Model Lease 2020 program. This authorization shall continue until December 31, 2020.

3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance with the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held on this 19'h day of November 2019.

ATTEST:

Alice M. Patino
Mayor
Rhonda M. White, CMC
Chief Deputy City Clerk
Exhibit A: Example Enforcement Agreement and
Model Lease 2020
APPROVED O FORM:

Department Director
ity Maliager
Attachment A

AGREEMENT FOR ENFORCEMENT OF
MODEL LEASE 2020
This Agreement for Enforcement of Model Lease 2020 ("Agreement") is made on , 20 , by and between
("Owner") and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:

WHEREAS, Owner and City desire to provide stability and maintain affordability for residents of the mobile home parks in the City of Santa Maria; WHEREAS, the parties agree that an enforceable Model Lease provides Owner and residents with the flexibility to negotiate their own lease terms, but serves as a backstop to prevent impasses in the negotiation process; WHEREAS, City intends to provide residents with appropriate lease protections and Owner has agreed thereto; and
WHEREAS, City has agreed to refrain from considering implementing a rent control ordinance for at least the term of this Agreement, in exchange for Owner entering into this Agreement.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination. The term of this Agreement is ten (10) years, beginning on the date first written above. This Agreement may be extended by mutual consent of the parties.

2.02. Services to be Performed. In the event that an existing resident or a new, approved resident and Owner are unable to agree upon a negotiated long-term lease within sixty (60) days of the resident's purchase of a mobile home located in Owner's mobile home park, or within sixty (60) days of the expiration of a prior lease for a space in Owner's mobile home park, the Model Lease attached hereto as Exhibit "A" shall be offered to the resident without addition or redaction as to its provisions other than filling in the blanks therein and adding any park -specific terms. If the Model Lease is accepted by the resident, Owner and the resident shall enter into the Model Lease for the space in question within seven (7) days of said acceptance.

2.03. City's Duties. City will provide a fifteen (15) day notice to cure any default under this Agreement ("cure period"), after receipt of notice from a resident that Owner failed to comply with Paragraph 2.02 above.

2.04. Exhibit. Exhibit "A" is the Model Lease, which is attached hereto and incorporated herein by this reference.
///
Agreement for Enforcement ((Tyner Atty Revised).docx

EXHIBITA

3. Remedies for Breach.

3.01. Specific Performance. Owner agrees that if City provides the notice to cure referenced at Paragraph 2.03 above, and Owner and the resident do not enter into a negotiated long-term lease, or the Model Lease, by the end of the cure period, City will file a complaint for specific performance under this Agreement. Owner consents to an immediate temporary and permanent restraining order maintaining the current rent of the space in question from the last effective date of the prior lease to the trial on the complaint. Further, Owner agrees to stipulate to an expedited trial date. If the trial does not occur before the next annual rent increase under the prior lease, Owner shall be entitled to that rent increase and shall forego the annual rent increase included in Minimum Guaranteed Monthly Rent under the Model Lease, so long as the latter occurs less than twelve (12) months after the former. If the latter occurs more than twelve (12) months after the former, Owner shall be entitled to both rent increases.

3.02. Notice. Owner shall provide copies of this Agreement and Exhibit "A" to all existing residents of its mobile home park within sixty (60) days of the execution of this Agreement. Owner shall also provide copies of this Agreement and Exhibit "A" to all new, approved residents of its mobile home park as a result of any transfer of any mobile home therein, whether through sale, foreclosure, inheritance or gift, prior to said residents entering into new leases with Owner.

3.03. Attorney's Fees. To the fullest extent permitted by law, the prevailing party in any action based upon this Agreement shall recover all reasonable attorney's fees, costs and expert fees incurred in the enforcement of this Agreement.

4. Miscellaneous

4.01. Notices. All communications relating to this Agreement shall be exchanged between a designated representative of City and a designated representative of Owner, listed below. All notices shall be addressed as follows, unless a written change is filed with City:

To City: To Owner:

Attn. City Manager [insert name and address of Owner's
110 East Cook Street representative]
Santa Maria, CA 93454
If the name or address of the designated representative for either party changes during the term of this Agreement, a written notice shall be given to the other party prior to the effective date of the change. Any written notices required under this Agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance with Laws, etc. Owner shall comply with all laws, including but not limited to the Santa Maria Municipal Code, in performing this Agreement.

4.03. Integration. This Agreement constitutes the entire agreement of the parties with respect to the subject matter thereof. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate Agreement for Enforcement (Owner ratty Revisedy.eocx

representatives of the parties.

4.04. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this Agreement shall be in the Cook Division of the Superior Court of the County of Santa Barbara, State of California.

4.06. Warranty of Authority. Each person signing this Agreement on behalf of a party warrants that he or she has authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this Agreement are severable. If any part of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

IN WITNESS WHEREOF, this Agreement for Enforcement of Model Lease 2020 is executed by the parties on the date first written above. [insert name of Owner] CITY OF SANTA MARIA, a political subdivision of the State of California
By: [insert name of Owner's Alice M. Patino
representative] Mayor
ATTEST:

Rhonda M. White, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:

Risk Manager
City Attorney
Agreement for Enforcement (Owner Any Revised),docx

EXHIBIT A

LEASE AGREEMENT

THIS LEASE SHALL BE EXEMPT FROM ANY ORDINANCE, RULE, REGULATION,

OR INITIATIVE MEASURE ADOPTED BY ANY LOCAL GOVERNMENTAL ENTITY

WHICH ESTABLISHES A MAXIMUM AMOUNT THAT A LANDLORD MAY CHARGE A TENANT FOR RENT.

This Lease Agreement ("Lease") is made and executed this day of , 20 , by and between
("Owner"), and , jointly and severally
("Resident").

1. Leased Premises. Owner hereby leases to Resident, and Resident hereby leases from Owner, that certain Space ("Space"), situated in ("Park").

2. Term. The initial term of this Lease shall be five (5) or ten (10) years, commencing , 20 , and terminating
, 20 . In the event that the term of this Lease commences on any day other than the first day of the month, the rent for the partial month shall be prorated on the basis of a thirty (30) day month, and the prorated amount shall be paid promptly by Resident to Owner.

3. Rent and Security Deposit.

A. Minimum Guaranteed Monthly Rent. Resident shall pay to Owner as rent, without deduction, setoff, prior notice or demand, the sum of $ ("Minimum Guaranteed Monthly Rent"). Said Minimum Guaranteed Monthly Rent shall be due and payable on the first day of each month of the Lease term. The Minimum Guaranteed Monthly Rent under this Lease shall be the amount due as rent as of the last date of the previous lease, together with the annual Consumer Price Index adjustment as set forth below.

The Minimum Guaranteed Monthly Rent may be adjusted on each anniversary of the Lease according to the following formula: The adjustment shall be calculated based upon one hundred (100) percent of the "United States Bureau of Labor Statistics Consumer Price Index for All Urban Consumers," as published for the B and C Class of City for the Western States index ("Index"). The annual adjustment shall be no less than two and one half percent (2.5%) of the previous rent, and no more than six percent (6.0%) of the previous rent, regardless of the amount of the Index, if more than six (6) percent. Owner's failure to notify Resident in a timely manner of an adjustment to the Minimum Guaranteed Monthly Rent shall not preclude Owner from notifying Resident thereof at a later date and collecting the increase in the rent from the date of the notice to Resident. All rent shall be paid at the Park office, or such other place as Owner may designate in writing.

Model Lease 2019

An additional adjustment shall be made each January 1 during the term of the Lease, to reflect 1/12 of 1/ [insert number of spaces in park] of any government mandated or non -government mandated capital expenditures assessed against or applicable to the Park or the Space, including, but not limited to, any increase in real estate taxes in excess of two percent (2.0%) over the prior year's real estate taxes, all government mandated capital expenditures, capital expenditures required by the Park's insurance company and/or lender, capital expenditures over Ten Thousand Dollars ($10,000.00) that are not government mandated but are approved by the residents, and capital expenditures equal to or under Ten Thousand Dollars ($10,000.00) that are not government mandated, whether approved by the residents or not.

Capital expenditures shall be characterized by Owner's accountant in accordance with sound accounting principles and the Internal Revenue Code, and shall not include items of repair or maintenance. "Capital Expenditure" means any capital outlay or project with a useful life of at least one (1) year that provides a betterment or addition to the Park, including the replacement of a component part of an asset by an improved or superior asset resulting in a more productive, efficient and longer -lived property. "Betterment" is considered capital outlay when it is "significant," i.e., generally twenty percent (20.0%) or greater of the market value of the component part of the asset. "Maintenance" means any expenditure for repair or alteration to a facility, which neither materially adds to the value of the facility, nor appreciably prolongs its life. Maintenance expenses shall not be passed through or charged back to Resident.

Those Capital Expenditures deemed necessary by Owner that are not mandated by a governmental agency and cost over Ten Thousand Dollars ($10,000.00) shall only have the balance over Ten Thousand Dollars ($10,000.00) charged back to Resident if the Capital Expenditure was approved by a majority vote of the residents (one vote per space) before it was charged back. Should a majority of the residents not approve a Capital Expenditure costing over Ten Thousand Dollars ($10,000.00), Resident shall pay as additional monthly rent during the useful life of the Capital Expenditure an amount equal to 1/12 of 1/ [insert number of spaces in park] of the first Ten Thousand Dollars ($10,000.00) of the cost of the Capital Expenditure's annual depreciation, calculated using a straight line method of depreciation as determined by Owner's accountant. Except for Capital Expenditures approved by a majority of the residents, only one (1) non -government mandated Capital Expenditure may be passed through to the residents in any calendar year.

As used herein, "real estate tax" shall include, but not be limited to, all assessments, whether regular or special, and all other items, including, but not limited to, sewer charges reflected on a real estate tax bill, or similar bill, prepared by the Santa Barbara County Tax Assessor.

In addition to the Minimum Guaranteed Monthly Rent or Adjusted Minimum Guaranteed Monthly Rent, Resident shall pay vehicle and recreational vehicle storage charges by separate agreement, if facilities for such storage are provided by Owner.
2 Model Lease 2019

B. Security Deposit. Upon initial occupancy in the Park, at Owner's option, Resident shall deposit with Owner the sum of one (1) month's rent as a security deposit for the performance by Resident of the provisions of this Lease. If Resident defaults on the Lease, Owner may use the security deposit, or any portion thereof, to cure the default or compensate Owner for any damage sustained as a result of the default.

Resident shall, immediately upon demand, pay to Owner a sum equal to the portion of the security deposit used by Owner as provided in this paragraph, so as to maintain the security deposit in the sum initially deposited with Owner. If Resident is not, upon the expiration or termination of this Lease, in default, Owner shall return the security deposit to Resident. Owner's obligation with respect to the security deposit is that of a debtor and not a trustee. Owner may maintain the security deposit separate and apart from Owner's general funds, or may co -mingle the security deposit with Owner's general and other funds. Owner shall not be required to pay Resident interest on the security deposit. If Resident pays all rent, utilities and reasonable service charges owing to Owner within five (5) days of the date such amounts are due for any consecutive twelve (12) month period, or upon resale of the mobile home, whichever is earlier, and makes a written request for return of the security deposit, the security deposit shall be returned to Resident within thirty (30) days following the end of the twelve (12) month period, or the date of resale of the mobile home.

4. Utilities.
[list those utilities that are included in rent and/or paid to the park] Resident shall contract with and pay directly to the applicable providers the costs of all other utilities required by Resident. If Resident fails to pay any utility costs and such failure results in a lien being placed on Owner's property, the amount owing shall be added to Resident's monthly statement, as additional monthly rent, and shall be paid by Resident upon receipt thereof. Resident shall contact the appropriate providers to commence service. Owner shall not be liable for, and Resident shall not be entitled to, any abatement or reduction of rent by reason of any failure to furnish any of the foregoing utilities, when such failure is caused by accident, breakage, repair, strikes, lockouts or other labor disputes of any nature, any force majeure, or by any other cause, similar or dissimilar, beyond the reasonable control of Owner. Owner shall not be liable under any circumstances for loss of or injury to property, however occurring, through or in connection with or incidental to any failure to furnish any of the foregoing utilities, with the exception of willful misconduct or gross negligence of Owner. Resident shall not connect, except through existing electrical outlets, natural gas or water pipes on the Space, any apparatus or device for the purpose of using electricity, natural gas or water.

5. Maintenance. Resident shall keep and maintain the Space, and every part thereof, in first class repair and condition. The Park may charge a reasonable fee, which shall be additional rent, for services relating to the maintenance of the Space in the event that Resident fails to maintain it in accordance with the Park's Rules and Regulations and the other Park documents. The Park may charge the fee only after it has notified Resident in writing of such failure and Resident has not complied within 3 Model Lease 2019

fourteen (14) calendar days. The written notice shall state the specific condition to be corrected, and an estimate of the fee to be charged if Resident does not correct the condition and the Park or its agents do so.

6. Late Charges. Resident acknowledges that late payment by Resident to Owner of the Minimum Guaranteed Monthly Rent or Adjusted Minimum Guaranteed Monthly Rent will cause Owner to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges and the late charges that may be imposed on Owner by the terms of any encumbrance and/or note secured by any encumbrance covering the Space. Therefore, if any payment due from Resident is not received by Owner within five (5) calendar days of its due date, Resident shall pay to Owner an additional sum of [insert flat amount or percentage of overdue payment] as a late charge, which shall be additional monthly rent. The parties agree that this late charge represents a fair and reasonable estimate of the costs Owner will incur by reason of late payment by Resident, and that acceptance of any late payment or late charge shall not constitute a waiver of Resident's default with respect to the overdue amount, nor prevent Owner from exercising any of the other rights and remedies available to Owner. Additionally, there will be a $ [insert amount] handling charge for all checks dishonored by Resident's bank for any reason.

7. Default and Owner's Remedies. Resident shall be in default and in breach of this Lease if Resident does not pay the monthly rent when the same becomes due, or does not pay any other charge for which Resident is liable when the same becomes due, or if Resident fails to cure a breach of any other term of this Lease, including the documents incorporated herein, after receipt of notice from Owner of the nature of the breach. Upon default, Owner shall have all remedies available under this Lease and the then -applicable California law. Such remedies include, but are not limited to, the filing of a complaint for unlawful detainer, which will go to trial within twenty (20) days of the Park's filing of a request to set for trial, and which may be followed by an eviction by the Sheriffs Department within five (5) calendar days of entry of judgment and issuance of a writ of possession. Judgment will include all past due rent, utilities and other charges, holdover rent, utilities and other charges, and the Park's attorney's fees and costs as ordered by the court

8. Owner's Lien. The Park may assert a lien on Resident's mobile home, if any, pursuant to Civil Code Section 798.38, as it may be revised from time to time.

9. Abandonment Prohibited. Resident shall not abandon the Space at any time during the term of this Lease. Abandonment is defined as a failure to occupy the Space, and a failure to pay rent on the Space for at least sixty (60) days, without giving written notice to Owner of an intention not to occupy the Space for such a period. Should Resident abandon the Space, Resident shall not be relieved of any of the obligations under this Lease, including, but not limited to, the obligation to make timely rent payments. 4 Model Lease 2019

10. Owner's Right of Entry. Resident shall permit Owner, or its authorized agents, to enter upon the Space for the purposes listed in Civil Code Section 798.26. To the extent possible, such entry shall not be in a manner or at a time that would unreasonably interfere with Resident's quiet enjoyment of the Space. Owner may enter Resident's mobile home or enclosed accessory structure without Resident's prior written consent in case of an emergency or when Resident has abandoned the mobile home or accessory structure.

11. Aqe Restrictions and [delete the foregoing if not a senior park] Prohibited Uses. The Park is for seniors only. The age restrictions applicable to all residents are stated in the Park's Rules and Regulations. [delete the foregoing two sentences if not a senior park]
Resident shall not use or permit the Space, or any part thereof, to be used for any purpose other than a residence for the persons named herein, all of whom must comply with all duties and obligations imposed upon Resident hereunder respecting the use and occupancy of the Park and the Space. No other persons may reside at the Space without the prior written permission of Owner, which shall not be unreasonably withheld.

Written permission is required from Owner for guests visiting longer than twenty (20) consecutive days or a total of thirty (30) days in a calendar year, and such guests may be charged a guest fee.

In order to comply with Department of Housing and Community Development requirements, Resident must provide the Park with a copy of the most recent registration on his or her mobile home.

12. Indemnification. Resident hereby waives all claims against Owner for any damage or injury to Resident or Resident's property occurring on the Space or in the Park at any time arising by reason of any cause other than the negligence, gross negligence or willful misconduct of Owner or its employees. Resident hereby agrees to indemnify, defend, protect and hold Owner harmless from liability for Resident's failure to properly repair and maintain the mobile home and the Space, or the negligence of Resident, any person residing with Resident, or Resident's guests. Resident shall pay immediately upon written demand from Owner for any damage to the Space or the Park caused by Resident, any person residing with Resident, or Resident's guests.

13. Insurance. Resident understands and hereby acknowledges that Owner does not provide insurance for damage to or loss of Resident's mobile home, accessory structures, household goods, furnishings or other personal property. Resident must obtain such insurance in an amount equal to the value of those items. Such insurance shall include, but not be limited to, liability coverage of not less than One Hundred Thousand Dollars ($100,000.00) for bodily injury and property damage occurring on the Space as a result of the negligence of Resident, any person residing with Resident, or Resident's guests. Resident shall be solely liable for Resident's failure to maintain such insurance.
5 Model tease 2019

14. Attorney's Fees. In the event of any dispute arising out of or in any way related to this Lease, including the interpretation or enforcement thereof, the prevailing party in such dispute shall be entitled to reimbursement for its actual attorney's fees, if reasonable, and all other costs of such dispute actually and necessarily incurred, including fees and costs incurred. This agreement is made for the benefit of the Owner, Resident, and by extension the City of Santa Maria. The City may enforce any provisions provided herein as an express third party beneficiary of this agreement.

15. Waiver by Owner. The waiver by Owner, or any failure of Owner to take action for breach of any term, covenant or condition in this Lease, shall not be deemed a waiver of such term, covenant or condition, or subsequent breach thereof, or any term, covenant or condition herein. The subsequent acceptance of rent by Owner shall not be deemed to be a waiver of any preceding breach by Resident of any term, covenant or condition in the Lease, other than the failure of Resident to pay the particular rent so accepted, regardless of Owner's knowledge of such preceding breach at the time of accepting such rent.

16. Holding Over. Any holding over after the expiration of the term of this Lease shall be construed to be a tenancy from month to month at the monthly rental as adjusted in accordance with the terms of this Lease, and shall otherwise be on the terms and conditions herein specified so far as applicable. Notwithstanding the foregoing, the amount of rent due for such period of holding over may be altered in accordance with the terms of the Mobile home Residency Law, Civil Code Section 798, et seq. ("Mobile home Residency Law").

17. Sale, Increase upon Sale or Transfer and Subletting. Resident may sell Resident's mobile home at any time pursuant to the rights and obligations of Resident and Owner under California law. Resident must, however, give Owner sixty (60) days' written notice of Resident's intent to vacate his or her tenancy and allow his or her mobile home to remain in the Park. One purpose of the notice is to enable the Park to schedule and perform an inspection upon sale pursuant to Civil Code Section 798.73.5. If a prospective buyer of the mobile home intends for the mobile home to remain in the Park, said prospective buyer must (1) complete an application for residency; (2) be approved for residency by Owner, including being in compliance with the Park's age restrictions, as stated at Paragraph 11 above and in the Park's Rules and Regulations [delete after "Owner" if not a senior park]; (3) execute a lease agreement; and (4) execute and deliver to Owner copies of the documents listed at Paragraph 23 below, all of which are incorporated by reference as though fully set forth herein.

Upon any sale or transfer of Resident's mobile home to any person other than an immediate family member, defined as Resident's parents or children, the Minimum Guaranteed Monthly Rent or Adjusted Minimum Guaranteed Monthly Rent may be increased by up to seven and one half percent (7.5%) but in no event shall it exceed seven and one half percent (7.5%). An adjustment on sale may only be made once every five (5) years, regardless of the number of sales which occur during that time frame, if this lease is for a term of more than five years. The rent will not be 6 Model Least 2019

increased upon any transfer to Resident's immediate family members, but such persons must meet the residency requirements if they wish to reside in the Park, and the rent will be increased when such persons sell the mobile home to a person who is not an immediate family member. All other terms of the lease agreement between the Park and the buyer shall not differ substantially from the terms of this Lease. [Insert whether subletting is allowed only as required by Civil Code Section 798.23.5 or under additional circumstances]

18. Responsibility of Owner. In addition to the utilities specified above as provided by Owner, if any, Resident shall enjoy for so long as this Lease shall remain in effect and Resident shall not be in default hereof, the non-exclusive use of the common areas of the Park, including, without limitation, all streets, drives and non -restricted parking areas, all recreational facilities, buildings, pools (except as prohibited by law), and all conveniences. [revise as applicable] Resident's use of all such services and facilities shall be limited and restricted as specified in this Lease and by the Park's Rules and Regulations as legally adopted from time to time. Except as otherwise provided herein, Owner agrees to provide and maintain these common areas in good working order and condition, and to continue such services and facilities without addition, alteration, depletion of services, equipment or physical improvements for the period of Resident's occupancy of the Space, except to the extent that Owner is prevented from doing so by good cause, accident, breakage, repairs, strikes, lockouts or other labor disturbances of any nature, force majeure, or by any other cause, similar or dissimilar, beyond the reasonable control of Owner.

19. Notice of Changes to Rules and Regulations, Etc. The Park's Rules and Regulations, the other Park documents, and the Park's maintenance standards, services, equipment and physical improvements may be changed from time to time as provided by the Mobile home Residency Law. Management shall meet and consult with the residents upon written request, either individually, with duly elected representatives, or collectively, on the following matters: (a) amendments to Rules and Regulations; (b) maintenance standards regarding physical improvements in the Park; and (c) additions to or alterations or deletions of services, equipment, or physical improvements. Any collective meeting shall be conducted only after notice thereof has been given to all requesting residents ten (10) calendar days prior to the date set for the meeting.

20. Subordination. This Lease is subordinated to all current encumbrances on the Park, and at the option of a lender or proposed lender of Owner, it shall be subordinated to future encumbrances placed on the Park by Owner. Resident agrees to execute any instrument or document necessary to effect any such subordination within five (5) business days of request by Owner.
7 Model Lease 2010

21. Transfer of Owner's Interest. In the event that Owner transfers its interest in the Park, or any portion thereof, Owner shall be relieved of any obligations hereunder accruing after the date of such transfer, and such obligations shall be assumed by the transferee, provided that Owner shall not transfer said interest unless the transferee is reasonably capable of discharging Owner's obligations hereunder.

22. Management of the Park. Owner shall be represented by management and/or its other authorized agents, who shall be vested with all legal right and authority to act on behalf of Owner, and to enforce on behalf of Owner this Lease and the documents incorporated into the Lease, unless said right and authority have been specifically reserved to Owner. Management and/or Owner's other authorized agents' decisions shall be final. The term "management," as used in the Lease and the documents incorporated into the Lease, shall mean Owner, the Park manager(s), and/or Owner's other authorized agents.

23. Incorporated Documents. The following documents, as they may be amended from time to time, are incorporated herein by this reference, and Resident acknowledges receipt of copies thereof:

A. The current Mobile home Residency Law, a copy of which is attached hereto as Exhibit "A";
B. The Park's current Rules and Regulations, a copy of which is attached hereto as Exhibit "B";
[insert additional Park documents];
The document entitled "Important Notice to All Manufactured Home/Mobile Home Owners," required by Civil Code Section 798.15(i), a copy of which is attached hereto as Exhibit " "; and
The document entitled "Mobile home Park Rental Agreement Disclosure Form," required by Civil Code Section 798.75.5, a copy of which is attached hereto as Exhibit " "
In addition to the foregoing, the use of the clubhouse, recreational and other Park facilities is conditioned upon compliance with the rules and regulations posted in and around said facilities, as said rules and regulations may be amended from time to time, and said rules and regulations are incorporated herein by this reference.

24. Megan's Law Notice. The following notice is provided for Resident's information, and must be provided in all residential rental agreements:

Pursuant to Section 290.46 of the Penal Code, information about specific registered sex offenders is made available to the public via an Internet website maintained by the Department of Justice at www. meganslaw. ca.gov. Depending on an offender's 8 Model Lease 2019

criminal history, this information will include either the address at which the offender resides, or the community of residence and ZIP code in which he or she resides.

The law further provides that based on this notification, the Park, the seller of the mobile home, and the real estate broker(s), are not required to provide information in addition to that contained in the notice regarding the proximity of registered sex offenders. The information in the notice is deemed to be adequate to inform the prospective buyer of the mobile home about the existence of a statewide database of the locations of registered sex offenders and information from the database regarding those locations. The information in the notice will not give rise to any cause of action against the disclosing party by a registered sex offender.

25. Inspection of Premises. By signing this Lease, Resident acknowledges that Resident has carefully inspected the Space and all of the Park's facilities, has found them to be in good and sanitary order, condition and repair as represented by Park to Resident, either orally or in writing, and to the extent that they are not exactly as represented, either orally or in writing, agrees to accept them as they are.

26. Miscellaneous Provisions.

A. Time of Essence: Time is of the essence in this Lease.

B. Captions: The captions to the various paragraphs and subparagraphs of this Lease are for convenience and ease of reference only, and do not define or limit the scope, content or intent of this Lease.

C. Severability: If any particular part of this Lease should be determined to be invalid, unenforceable or otherwise illegal, such part shall be severed therefrom, and the remaining clauses and parts thereof shall remain in full force and effect.

D. Notices: All notices and demands required to be given hereunder shall be deemed, unless the law provides otherwise, to be received upon the earlier of (i) delivery to the person to be notified; or (ii) two (2) days after being deposited in the United States mail with postage prepaid and addressed to the party to be notified at the last address on file with the party giving notice.

E. Zoning, Etc.: The zoning of the Park is [insert zoning]. The Park operates under a permit that does not have an expiration date [OR The Park operates under a permit that expires on 1. The Park operates under a land lease that expires on [OR The Park does not operate under a land lease].
9 Model Lense 2019

27. Information Regarding Mobile Home and Legal Owner Thereof.

Resident understands that Owner is entitled to know the legal owner of Resident's mobile home, if other than Resident, and that Owner is required by law to send copies of certain notices to the legal owner, so Resident hereby provides that information:

Name:

Address:

In addition, Resident understands that Owner is entitled to know the manufacturer, model, year of manufacture and decal number of the mobile home, so Resident hereby provides that information:

Manufacturer:

Model:

Year of Manufacture:

Decal Number:

Resident agrees to update the foregoing information in the event that it changes during the term of this Lease.

28. Acknowledgments. Owner and Resident agree that this Lease, and the documents incorporated herein, contain the entire agreement between the parties. All prior negotiations or agreements that preceded or accompanied the execution of this Lease are conclusively deemed to have been superseded. This Lease may be altered only by written agreement of Owner and Resident, or by operation of law. Resident acknowledges that Resident has received, read and understood copies of this Lease, and the exhibits hereto, including a copy of the current Mobile home Residency Law, and agrees to be bound by their terms.

Resident also acknowledges that Resident had at least thirty (30) days from the date this Lease was first offered to Resident to accept or reject it.

Finally, Resident acknowledges that Resident had seventy-two (72) hours after signing this Lease and returning it to management to notify management in writing that Resident wished to void the Lease, and that Resident did not provide any such notification.
10 Model l.c,sc 2019

The parties hereto have executed this Lease Agreement as of the date first noted above.

RESIDENT: OWNER:
[insert name of Park owner]
By:

By:

OTHER PERSONS WHO WILL OCCUPY THE
SPACE:
11 Model Lease 2019
By:

BUSINESS PLANNING

CIVIL LITIGATION

ESTATE PLANNING

MOBILEHOME LAW
BRUCE E. STANTON
LAW OFFICES OF BRUCE E. STANTON
10556 COMBIE ROAD, SUITE 6727
AUBURN, CA 95602
December 13, 2023

TELEPHONE
(408) 691-9692
EMAIL
[email protected]

SANTA MARIA MOBILEHOME HOMEOWNERS'

STATUS REPORT AND PROPOSAL MOVING FORWARD
After many months of stakeholder meetings with City Staff which have discussed the following issues, Homeowners herein make the following status report re: the Model Lease Program.

First and foremost, Homeowners continue to emphasize and seek recognition of the ultimate goal of these discussions as follows:

To provide protection to all Santa Maria mobilehome residents presently living in a mostly unregulated rental market, where the 2020 Model Lease program has proven to be ineffective to protect homeowner equity and maintain affordable mobilehome housing.

To achieve this over -arching goal, Homeowners have identified, and the stakeholder discussions have proceeded based upon discussion of, four (4) "Issue Areas". Each one in turn has a goal which should be recognized and used to drive and fulfill that issue.

Homeowners are pleased City Staff has committed time to moderate meetings of the stakeholders to discuss these issues. Homeowners view the City's continuing role as critical to this process, and thus far Mr. Wu has done an excellent job to facilitate. We are thankful for the time that Staff has devoted thus far, and are hopeful that more productive discussions lie ahead in the very near future to make positive change. Homeowners desire a specific agenda for any future meetings, and request that a "dashboard" of each Issue Areas and possible action items be created as the stakeholders work through and discuss each of them.

The following "Issue Areas" have been used for discussion thus far:

1. Participation
Goal: To obtain maximum participation from as many park owners as possible.

There is no disagreement that to date only 68% of the mobilehome spaces within the City are located within parks participating in the program. The actual number of signed participants is estimated at 2%; an indication that the Program is either unknown, not being offered, and/or deemed by Homeowners not to be their best option.

Attachment B

Park owners indicate support for increased participation, and have attempted to contact and engage the non -participating parks. Some park owners were and still are non -communicative, or difficult or even impossible to reach. At the most recent joint stakeholders meeting it was represented that 4 more parks would be signing onto any amended Enforcement Agreement once finalized. This represents another 15% of spaces within the City, which would increase participation to about 83%. Homeowners have not yet seen anything in writing to confirm this fact, but for now will presume for sake of argument that shall occur.

In order to achieve this important goal of participation, homeowners propose:
• Park owners talk about "park participation" without addressing the corollary issue of "resident participation" within those parks. The over -arching goal should not be forgotten; achieving maximum park participation has as its goal maximum resident participation in the Program. The subject of "Participation" should thus include not only "park participation", but also maximum penetration for resident participation as well. Park participation is irrelevant if there is no incentive in the terms of the Model Lease for it to be selected.
• The Model Lease should thus become the "Primary" document to be offered, both to all current homeowners in every park, and to all prospective purchasers as to be detailed in the amended Enforcement Agreement. Any alternative lease or rental agreement offered as an option must include a provision to be initialed by the homeowner confirming he/she has been offered both options and given the choice of signing either.

2. Outreach
Goal: To engage all homeowners in all parks to make them aware of the existence of, and ability to choose, the Model Lease, so as to create "informed consumers". Many residents in participating parks do not know of its existence, do not understand it, or are confused about the Program.

There is agreement among the stakeholders that Outreach is needed. City participation shall be vital if Outreach is to be meaningful, and succeed, and Park Owners and Homeowners should participate. To this end, the following proposals have been discussed:
a. Advertise Zoom meetings with resident representatives, park representatives and City staff to explain the Program. City's participation lends an "official" character to these sessions. Homeowner and Park Owner representatives can also participate in the presentation and in any Q & A. Park owners indicate this is acceptable, provided the number of meetings is reasonable and content is limited to discussion of the Program. Homeowners agree. b. Education to local realtors, agents, brokers and dealers/salespersons. Homeowners recommended the following:
-Joint letter to them from City, homeowners and park owners, including a brochure. -Meet with local broker/realtors and dealers/salespersons to discuss and for Q and A. -2-
Attachment B

Park owners feel inviting these professionals to attend the Zoom meetings is sufficient. If this becomes controversial and Park Owners do not wish to take the additional time for at least one meeting, Homeowners are fine meeting with such persons alone, along with City Staff. c. Create a letter summarizing the Program to be drafted by the City with input from both Park Owners and Homeowners and mailed to each homeowner by the City. The letter should identify a contact person or refer to the Zoom meeting schedule re: any questions. Subject to agreement on the content of such a letter, the stakeholders appear to be in agreement. d. Letter posted on City website; City creates a Program information page with parties' assistance, based upon the mailed summary letter, and posts any updated information here.

Again subject to each side having input into content, this appears to be agreeable. e. Translation to Spanish of all Outreach documents; Homeowners proposed that City engage a qualified professional to translate; Park Owner must provide the translated documents to any existing or prospective homeowner upon request. While Park Owners agree the Outreach documents can be translated, they state it is unacceptable for the contractual documents to be translated; i.e. the leases themselves. Further discussion is required here, as Homeowners are concerned that if a resident cannot understand the document and is burdened with providing their own translation, there is no meaningful opportunity to participate. f. Park Owners post City's Program information letter in each clubhouse. This seems to be agreeable to both sides.

In order to move these items forward, Homeowners request:
• Formation of an "Outreach Committee" to draft and develop these Outreach Plan components. This should include outreach to residents in parks already participating in the Model Lease; i.e. providing a new window for them to sign it if desired. • Outreach tools or documentation should include provisions for side -by -side comparison of Model Lease vs other offered rental agreement options. • Clarify the options & timing available to non -Model Lease participating residents in participating parks to accept the Model Lease.
• Clarify the options available to residents of soon to be participating parks. • Insist on Spanish translations for all Outreach documents Organizational support and grant funding shall be sought by homeowners to assist with any Outreach costs.
-3-
Attachment B

3. Enforcement
Goal: Ensure compliance by adopting proper enforcement and verification procedures. a. Homeowners propose Para. 2.02 of the Enforcement Agreement be amended to require the Model Lease to be offered to new buyers at same time as any other lease or rental agreement, prior to close of escrow. Allowing 60 days from date of purchase for the Model Lease to be offered to a new buyer is incompatible with Civil Code 798.75 (a), which requires that a buyer agree to or sign a rental agreement before escrow closes. Park Owners are agreeable to this amendment in concept. Homeowners' attorney will supply draft language to Park Owners' attorney for consideration prior to the next stakeholder meeting. b. Each park owner annually reports to City how many spaces have signed the model Lease. Park Owners agree to this.
c. The Agreement should be recorded to ensure successor park owners have notice of it.

Park owners will not agree to this, but will agree to an amended provision in the Enforcement Agreement requiring that notice of the Program must be provided to successor park owners.

Homeowners agree to consider such language.
-Homeowners proposed an annual CPI benchmark % to be set by City each year, which City would report to each park owner annually so that there is uniform application of the CPI annual adjustment percentage among all participating parks. Park Owners will not agree to this.

Homeowners shall instead propose that any notice of rent increase given to a Model Lease participant must include within it the numerical basis for the CPI calculation. -Information made available in Outreach communications re: how a homeowner can make a complaint re: possible breach of the Model Lease. This is agreeable by both parties. -Create a volunteer committee of resident and park owner representatives to meet periodically to discuss the Program and address any issues or complaints before same are communicated to the City, so as to minimize City staff time. The Park Owners are willing to consider.

Homeowners suggest that parameters of same be discussed at next stakeholder meeting.

4. Financial (Economic) Terms/Protections to Achieve Homeowner Signature Original Stated Goal: Adequately protect homeowners from large rent increases and maintain affordable housing, while providing park owners with a fair return.

Homeowners proposed revisions to the Program financial terms in order to make it more attractive to residents in the participating parks, since few have chosen the Model Lease option.

There was no intent to re -negotiate all terms per say, but rather to create a more viable and attractive Program. Homeowners offered to table this Issue pending discussion of Issues 1-3.

Park Owners state it should be permanently tabled, and that there will be no re -negotiation of any financial terms.
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Attachment B

During the most recent stakeholders meeting, some Park Owners emphasized that they have or could put into place subsidy programs to assist residents who cannot afford the rent.

Homeowners would like to explore this concept in much more detail while simultaneously exploring other financial term revisions that might help meet the "Original Stated Goal" above, and propose:
• Homeowners propose the addition of a financial assistance provision to the Program that would assist low to very low-income park residents, as suggested by Park Owners themselves. There are existing program models that can be considered, including MHET or the City of Sunnyvale MOU provision. Park Owners state they do not wish to displace anyone, and including such a subsidy provision in the Agreement can help achieve this.
• Not all Homeowners have reached "low or very low-income" status. In order to help prevent that from happening, the Homeowners believe that short of an RSO, there must be opportunities to modify the Model Lease program in ways that will protect Homeowner equity, maintain affordable Mobilehome housing and still provide Park owners a fair return. In the meantime, without a satisfactorily improved Model Lease Program, Homeowners feel obligated to continue encouraging the City of Santa Maria to adopt an RSO, effective on the expiration date of current leases and Enforcement Agreements.

In sum, Homeowners are committed to continue good faith discussions and efforts to achieve the over -arching goal stated above, and are ready and willing to work with the City to achieve that goal with or without the participation of all Park owners. Homeowners are available to meet at the City's earliest convenience to create a "dashboard" and begin working on implementing the above -described items.

Attachment B

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Attachment B

ANDRE,
MORRIS

BUTTERY
: l Professional Law Corporation
Raking Care of Business for 70 Years.

November 27, 2023
Via Email
Chuen Wu
Interim Assistant City Manager
Community Development Director
City of Santa Maria
cwu(a,cityofsantamaria.org
Peter R. Andre (1918-2000)
Michael J. Morris
James C. Buttery
Dennis D. Law (Retired)
J. Todd Mirolla (Retired)
Scott W. Wall
Kathryn M. Eppright
William V. Douglass
Lisa LaBarbera Toke
Karen Gjerdrum Fothergill
Elizabeth A. Culley
Cameron T. Cotton
Michaela R. Cotton
Of Counsel
Gordon E. Bosserman
Warren A. Sinsheimer, III
David A. Juhnke
Re.: November 14, 2023 All -Hands Meeting
Dear Chuen:

Thank you again for your time and efforts at our November 14, 2023 all -hands meeting, and for the minutes you sent thereafter.

More detailed responses by the participating, or soon -to -be -participating, park owners to each of the proposals we discussed at the meeting, in the order raised in Bruce Stanton's August 15, 2023 letter, are as follows:

1. Participation
a. Proposal: City to consider adoption of rent control ordinance ("RCO") that would only apply to those parks that refuse to participate in the Model Lease Program ("Program").

Response: Strongly opposed to the adoption of an RCO as to any park in the City. In addition, it should be noted that participation in the Program will be at almost 85% once the four additional parks that have agreed to sign the Enforcement Agreement do so. And we are working informally to persuade additional parks to participate.

Attachment C

11 ANDRE,
MORRIS

BUTTERY
A Professional Law Corporation
Taking Care of Business for 70 Years.

Chuen Wu
November 27, 2023

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Santa Maria City CouncilJanuary 16, 2024

Santa Maria City Council
January 16, 2024