Tracy City Council
December 6, 2022

and water as adopted, amended, and updated by the City, or as otherwise specifically approved by the City.

All
proposed public street widths and cross sections shall conform to the 2012 Transportation Master Plan (TMP).

Eleventh Street
Developer will construct the new commercial driveways per Standard Detail 133. Developer shall dedicate a ten (10) feet wide Public Utility Easement on all public streets if the easement is not present.

MacArthur Drive
Developer shall install a decorative pedestrian railing/barrier and sidewalk along the parcel’s MacArthur Drive frontage. Developer shall dedicate enough land so that the sidewalk and railing/barrier are in the City’s right-of-way. Said dedication will be made prior to temporary or final occupancy. Developer shall dedicate a ten (10) feet wide Public Utility Easement on all public streets if the easement is not present.

Devel
oper shall construct driveways that conform to Section

3.09(F) of the 2008 Design Standards. Driveways shall have one and half (1.5) feet of full-height (i.e. six (6) inches) of vertical curb from the driveway’s edge. Driveways shall be fire truck accessible to the satisfaction of the City Engineer.

Devel
oper shall use existing utility stubs. If the stubs are not present or unusable or additional utility connections are required, the pavement restoration shall conform to C.8.1 of these Conditions.

On El
eventh Street, Developer shall landscape and irrigate the existing area as per current adopted City landscape standards.

Landscape and irrigation plans shall be prepared on a 24-inch x 36-inch size 4-millimeter thick mylar that incorporate all requirements described in the documents described in these Conditions of Approval, the City’s Design Documents as defined in Title 12 of the Tracy Municipal Code. Developer shall use the latest title block. Said landscape and irrigation plan shall be prepared by a California licensed landscape architect. Developer can either protect-in-place the existing sidewalk and repair any cracked, settled, and/or damaged sidewalk or remove and replace the sidewalk so long as the replacement sidewalk is similar to the current sidewalk, i.e. similar width, meanders, etc. Developer shall also install street trees in the landscaped area between the existing meandering sidewalk and the curb and gutter. On the opposite side of the sidewalk, Developer shall install additional street trees, shrubs, ground cover, and other landscaping as required. The 11th Street Commercial Center
Application Number D19-0012
January 13, 2020

landscaping and irrigation shall conform to MWELO standards. If recommended, Developer shall use structural soil if the street trees’ well is narrower than five (5) feet wide. Developer shall also remove existing sign monument and its appurtenances, and any other existing items such as bollards, mailboxes, etc.

C.5.2. Joint Trench Plans and Composite Utility Plans, prepared on a twenty-four (24) inch x thirty-six (36) inch size four (4) millimeter thick mylar for the installation of dry utilities such as electric, gas, TV cable, telephone, and others that will be located within the twenty-four (24) feet wide to forty-six (46) feet wide [the width varies) PUE to be installed to serve the Project. All private utility services to serve Project must be installed underground or relocated to be underground, and to be installed at the location approved by the respective owner(s) of the utilities from the street or an existing or proposed utility easement to the building(s). If necessary, the Developer shall dedicate twenty-two (22) feet wide PUE for access to these new utilities for re-installation, replacement, repair, and maintenance work to be performed by the respective utility owner(s) in the future.

C.5.3. Signed and stamped Engineer’s Estimate that summarizes the cost of constructing all the public improvements shown on the Improvement Plans.

The cost estimate shall show the cost of designing the public improvements.

Payment of applicable fees required by these Conditions of Approval and City Regulations, including but not limited to, plan checking, grading and encroachment permits and agreement processing, construction inspection, and testing fees. The engineering review fees will be calculated based on the fee rate adopted by the City Council on September 2, 2014, per Resolution 2014-141 and on May 16, 2017, per Resolution 2017-098. Developer shall submit payment in the form of a check for the aforementioned fees.

C.5.5. Traffic Control Plan - Prior to starting the work for any work within City’s right- of-way, the Developer shall submit a Traffic Control Plan (TCP). TCP can be split among the different construction phases. TCP will show the method and type of construction signs to be used for regulating traffic at the work areas within these streets. TCP shall conform to the Manual on Uniform Traffic Control Devices as amended by the State of California, latest edition (MUTCD-CA). TCP shall be prepared under the supervision of, signed and stamped by a Registered Civil Engineer or Registered Traffic Engineer.

Access and Traffic Circulation to Existing Businesses/Residents - Developer shall take all steps necessary to plan and construct site improvements such that construction operations do not impact safety and access (including emergency vehicles) to the existing businesses and residents throughout the duration of construction. Developer shall coordinate with the owners and cooperate to minimize impacts on existing businesses. All costs of measures needed to provide safe and functional access shall be borne by the Developer.

11th Street Commercial Center
Application Number D19-0012
January 13, 2020

C.5.6. No street trench shall be left open, uncovered, and/or unprotected during night hours and when the Developer’s contractor is not performing construction activities. Appropriate signs and barricades shall be installed on the street and on all trenches during such times. If the Developer or its contractor elects to use steel plates to cover street trenches, said steel plates will be skid-resistance, and shall be ramped on all sides. Ramps will be a minimum two-foot wide and will run the entire length of each side.

C.5.

7. If at any point during utility installation, or construction in general that the Developer, its contractor, its engineers, and their respective officials, employees, subcontractor, and/or subconsultant
exposes/encounters/uncovers any potential archeological, historical, or other paleontological findings, the Developer shall address the findings as required per the General Plan Cultural Resource Policy and General Plan Environmental Impact Report; and subsequent Cultural Resource Policy or mitigation in any applicable environmental document.

C.5.8 On-site Private Improvements - Prior to the Developer commencing construction of on-site, in-tract public and private improvements, Developer shall possess a fully executed Grading Permit. Developer shall also complete all of the following requirements to the satisfaction of the City Engineer:

Devel
oper has received City signed improvement plans.

Devel
oper has paid all required processing fees including plan check and inspection fees.

C.5.9 Off-site Public Improvements - Prior to the Developer commencing construction of off-site public improvements, Developer shall possess a fully executed Off-site Improvement Agreement (OIA. Developer shall also complete all of the following requirements to the satisfaction of the City Engineer:

Devel
oper has received City signed improvement plans.

Devel
oper has paid all required processing fees including plan check and inspection fees.

Improvement Security - Developer shall provide improvement security for all public facilities, as required by the Improvement Agreement. The form of the improvement security may be a bond, or other form in accordance with the Government Code, and the TMC. The amount of the improvement security shall be in accordance with Title 12 of the TMC.

Insurance – Developer shall provide written evidence of insurance coverage that meets the terms of the Improvement Agreement.
11th Street Commercial Center
Application Number D19-0012
January 13, 2020

C.6. Building Permit

No building permit within the Project boundaries will be approved by the City until the Developer demonstrates, to the satisfaction of the City Engineer, compliance with all required Conditions of Approval, including, but not limited to, the following:

C.6.1 Developer has completed all requirements set forth in Condition C.1, through C.5, above.

C.6.2 Developer pays the applicable development impact fees as required in the TMC, these Conditions of Approval, and City Regulations.

C.7 Acceptance of Public Improvements

Public improvements will not be considered for City Council’s acceptance until after the Developer demonstrates to the reasonable satisfaction of the City Engineer, completion of the following:

C.7.1 Developer has satisfied all the requirements set forth in these Conditions of Approval.

C.7.2 Developer submitted the Storm Water Treatment Facilities Maintenance Agreement (STFMA) to the Utilities Department.

C.7.3 Developer has satisfactory completed construction of all required/conditioned improvements. Unless specifically provided in these Conditions of Approval, or some other applicable City Regulations, the Developer shall use diligent and good faith efforts in taking all actions necessary to construct all public facilities required to serve the Project, and the Developer shall bear all costs related to construction of the public facilities (including all costs of design, construction, construction management, plan check, inspection, land acquisition, program implementation, and contingency).

C.7.4 Certified “As-Built” Improvement Plans (or Record Drawings). Upon completion of the construction by the Developer, the City, at its sole discretion, temporarily release the original mylars of the Improvement Plans to the Developer so that the Developer will be able to document revisions to show the "As-Built" configuration of all improvements. Developer shall also provide the Project’s CADD files to the City.

C.7.5 Developer shall be responsible for any repairs or reconstruction of street pavement, curb, gutter and sidewalk and other public improvements along the frontage of the Project, if determined by the City Engineer to be in poor condition or damaged by construction activities related to the Project.

C.7.6 Developer has completed the ninety (90) day public landscaping maintenance period.

11th Street Commercial Center
Application Number D19-0012
January 13, 2020

C.7.7 Per Section 21107.5/21107.6 of the California Vehicle Code, Developer shall install signs at all entrance(s) of the Project stating that the streets are privately owned and maintained and are not subject to the public traffic regulations or control. Said signs must be conspicuously placed, plainly visible, and legible during daylight hours from a distance of one hundred (100) feet.

C.7.8 Release of Security – Release of improvement security shall be in accordance with the requirements of Title 12 of the TMC. Monumentation Bond will be released to the Developer after City Council’s acceptance of the public improvements and if the Developer meets the terms set in Section 66497(c) of the Subdivision Map Act. All survey monuments shown on the Final Map must be installed. Any altered, damaged, or destroyed survey monuments and/or benchmarks shall be re-established. Developer shall submit centerline tie sheets or a record of survey for the following: new public streets; re-established survey monuments, and/or benchmarks. If the Developer destroyed, altered, and/or reconstructed any existing curb returns, Developer shall also submit corner records. Any survey document will be submitted the City and to the San Joaquin County Surveyor to comply with California Business and Professions Code Section 8771(c). Said work shall be executed by a California licensed Land Surveyor at the Developer’s sole expense.

C.8 Special Conditions
C.8.1 Whe
n street cuts are made for the installation of utilities, the Developer shall conform to Section 3.14 of the 2008 Design Standards and is required install a two (2) inch thick asphalt concrete (AC) overlay with reinforcing fabric at least twenty-five (25) feet from all sides of each utility trench. A two (2) inch deep grind on the existing AC pavement will be required where the AC overlay will be applied and shall be uniform thickness in order to maintain current pavement grades, cross and longitudinal slopes. This pavement repair requirement is when cuts/trenches are perpendicular and parallel to the street’s direction. Any damage to existing traffic signal detection loops as a result of the Asphalt Concrete grind shall be repaired and/or replaced at the expense of the Developer.

C.8.2 N
othing contained herein shall be construed to permit any violation of relevant ordinances and regulations of the City of Tracy, or other public agency having jurisdiction. This Condition of Approval does not preclude the City from requiring pertinent revisions and additional requirements to the improvement plans, prior to the City Engineer’s signature on the improvement plans, and prior to issuance of Grading Permit, Encroachment Permit, Building Permit, if the City Engineer finds it necessary due to public health and safety reasons, and it is in the best interest of the City. The Developer shall bear all the cost for the inclusion, design, and implementations of such additions and requirements, without reimbursement or any payment from the City.
11th Street Commercial Center
Application Number D19-0012
January 13, 2020

C.8.3 If water is required for the project, the Developer shall obtain an account for the water service and register the water meter with the Finance Department.

Developer shall pay all fees associated with obtaining the account number for the water service.

C.8.4 D
eveloper shall obtain an account for the water service to the Project and register the water meter with the Finance Department. Developer shall prepare and submit a map depicting the location of the water meter on a 8.5-inch X 11- inch sheet to Finance Department.

C.8.5 P roject Entrance: As stipulated by Section 5.17 of the 2008 Design Standards, a PCC valley gutter is prohibited in the City’s right-of-way.

EXHIBIT C – Authorized Representative
Ghai
Management Services, Inc.

Attn: Sunny Ghai
25 E. Airway Blvd.

Livermore, CA 94551
Phone: 510-573-5905

APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE

TRACY CI

TY COUNCIL
RESOL
UTION 2022-_____

APPROVING THE OFFSITE IMPROVEMENT AGREEMENT FOR MACARTHUR RETAIL CENTER BETWEEN CITY AND WINTERS GATEWAY, INC. FOR

ROADWAY IMPROVEMENTS, UTILITY CONNECTIONS, AND OVERHEAD

UTILITY UNDERGROUNDING IMPROVEMENTS IN CONNECTION WITH
APPLICATIONS D19-0012 AND G21-0008
WHEREA
S, the Development Review Application (D19-0012), approved by the Development Services Director on January 13, 2020, requires construction of roadway, utility connections, and overhead utility undergrounding improvements on the frontages of the Project along Eleventh Street and MacArthur Drive; and
WHEREA
S, the Developer has executed the OIA and has posted the required securities to guarantee completion of the improvements; and
WHEREA
S, upon completion of all improvements, the City will accept the improvements and accept all offers of dedication of public right-of-way and other public parcels; and WHEREA
S, there will be no fiscal impact associated with this action. The Developer will pay for roadway improvements and utility improvements and for the cost of inspection and processing the agreement; now, therefore, be it

RESOLVED
: That the City Council of the City of Tracy hereby approves the Offsite Improvement Agreement for MacArthur Retail Center between City and Winters Gateway, Inc. for roadway improvements, utility connections and overhead utility undergrounding improvements in connection with applications D19-0012 and G21-0008. * * * * *
* * * * * * * * *
Resolution 2022-_____

The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on the 6th day of December 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: CO
UNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
_________________________________________
NANCY
D. YOUNG
Mayor of the City of Tracy, California
ATTEST
:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
December 6, 2022
Agenda Item 1.O

RECOMMENDATION
Staf
f recommends that the City Council, for the Valpico Glenbriar Apartment Project located at Valpico Road and MacArthur Drive (Apartments Project):
(1) Waive the second reading and adopt an Ordinance: (A) Adopting a Negative Declaration for the expansion of the Apartments Project parking lot to include a portion of the rear yard of the property located at 2625 S. Macarthur Drive (Parking Site) in accordance with the California Environmental Quality Act (CEQA); (B) Approving a General Plan Amendment redesignating the Parking Site from Commercial to Residential High (GPA22-0003); (C) Amending the Zone District of the Parking Site from Community Shopping Center to High Density Residential (R22-0002); (D) Approving a Development Review Permit expanding the Valpico Glenbriar Apartment Parking Lot to include a portion of the rear yard at 2625 S. MacArthur Drive (D22-0013); and (2) Adopt a Resolution (A) Determining the addition of a perimeter fence/gate to the Valpico Glenbriar Apartments Project located at 351 E. Valpico Road (Application Number D22-0005) is exempt from CEQA pursuant to CEQA Guidelines Section 15303(e), and (B) Approving a Development Review Permit for the addition of a perimeter fence and gates to the Apartments Project site.

EXECUTIVE SUMMARY
The owner
of the Valpico Glenbriar (The Vela) Apartments is requesting City approval to construct a perimeter fence (with pedestrian and vehicle gates) around the apartment complex and expand the parking area of the apartment complex by approximately 13,440 square feet, to construct 25 additional off-street parking spaces (Project). The Planning Commission conducted a public hearing to review the Project on September 28, 2022. Following discussion, on a vote of 5-0, the Planning Commission recommended that the City Council adopt the Ordinance approving the Apartments Project’s parking lot expansion and related General Plan Amendment and Rezoning. Conversely, on a vote of 3-2, the Planning Commission recommended the City Council deny the Development Review Permit for the fence/gates proposal by not adopting the related Resolution.

The Cit
y Council conducted a public hearing on November 15, 2022. Following discussion, the City Council waived the reading and introduced the Ordinance and based on the information received by the staff and the Project applicant at the hearing and its own analysis, directed staff to return with a Resolution, with requisite findings, approving the Development Review Permit for the fence/gates proposal.

BACKGROUND
The Cit
y Council approved the 264-unit Valpico Glenbriar Apartments Project (now called The Vela Apartments) through Development Review Permit (D19-0018), on October 1, 2019 (Resolution No. 2019-195). The approximately 11 and one-half-acre site is located on the north side of Valpico Road at Glenbriar Drive, just west of and sharing a driveway with the former Rite Aid store at the northwest corner of Valpico Road and MacArthur Drive (Apartments Site).

Agenda Item 1.O
December 6, 2022

Shortly after construction of the apartments began, the original developer, Katerra, sold the Apartments Project to Guardian Capital. Guardian Capital continued construction and is now nearing completion of this project. G uardian C apital represents they intend to maintain ownership and operation of the Apartments Project for the foreseeable future.

ANALYSIS
This new Project includes two components, each with its own Development Review Permit application: (1) expansion of the apartment’s parking area, and (2) construction of a fence with gates around the perimeter of the Apartments Site. Each of the two Development Review Permit applications was submitted separately, but they are combined in this report because they each effectively become amendments to the City Council’s approval of the Valpico Glenbriar Apartments Project on October 1, 2019. After acquiring the Apartments Project, Guardian Capital presented these two proposed changes from Katerra’s original proposal.

Parking Lot Expansion
The Valpico Glenbriar Apartments Project was approved with 417 off-street parking spaces, approximately 1.58 parking spaces per unit. The number of spaces meets City parking r
equirements. However, Guardian Capital secured an interest in approximately 13,440 square feet (just under one-third of an acre) of vacant property adjacent to the east side of the Site in order to develop additional off-street parking spaces. Guardian Capital indicates they wish to increase the number of off-street parking spaces as part o f the amenities for tenants. A higher number of off-street parking spaces will help ensure sufficient on-site spaces are available during peak parking demand times. It could also result in some tenants being able to park closer to their own apartment units if demand for parking spaces is higher in some portions of the complex than other areas.

The parking lot expansion area (Parking Site) includes a portion of the rear yard of the adjacent house at 2625 S. MacArthur Drive.

The parking lot expansion requires three actions to be considered and approved by the City Council:
(1) an amendment to the General Plan designation of the Parking Site from Commercial to Residential High; and
(2) a zoning map amendment of the Parking Site from Community Shopping Center to High Density Residential; and
(3) a Development Review Permit.

Perimeter Fence and Gates
This
Project’s second component is a proposal to enclose the entire Valpico Glenbriar Apartments Site with a perimeter fence with gates for vehicles and pedestrians. Guardian Capital represents the fence and gates will add a sense of security for the tenants and property owner and have a positive effect on the marketability of the apartments.

Some
potential concerns related to fences and gates around residential developments relate to appearance of the fence(s), height, materials, emergency vehicle access, and stacking Agenda Item 1.O
December 6, 2022

dist
ances at vehicle entrances. The Project applicant addressed each of these concerns by the proposed location and design of the fences and gates, as follows:
(1) the height of the fence along the east, west, and north (west of Glenbriar Drive) property lines is six feet (instead of a taller height that could attract more attention); (2) the fence height along the Valpico Road frontage is a more discreet, five-foot height; (3) the fence is reasonably setback from the Valpico Road property line to deemphasize its appearance;
(4) the clubhouse building is ‘used as a fence’, in that the proposed perimeter fence will extend across the front of the site and connect to two corners of the clubhouse building, without being constructed across the front of the building, allowing the view of the building’s architecture to be unobstructed by a new fence;
(5) the fences and gates will be constructed of decorative tubular steel, allowing free-through passage of vision and light;
(6) gate openings will be sufficiently wide to provide for emergency vehicle access at driveways and accessibility at pedestrian gates; and
(7) vehicle gates will be constructed sufficiently deep into the site to provide for generous vehicle stacking (six vehicles or more) at site entrances.

Based
on the above modifications proposed by the Project applicant, City staff had recommended the Planning Commission recommend that the City Council approve the fence/gates Development Review Permit based on the conclusion that there is sufficient evidence to support approval of the gates for this Apartments Site. However, as indicated below, the Planning Commission recommended that the City Council deny the Development Review permit for the fence/gates proposal.

Planning Commission Recommendation
The Planni
ng Commission conducted a public hearing to review the Project on September 28, 2022. The Project applicant responded to Planning Commissioners’ questions and was the only party to address the Commission during the public hearing.

Follow
ing discussion, on a vote of 5-0, the Planning Commission recommended that the City Council approve the Apartments Project’s parking lot expansion and related General Plan Amendment and Rezoning (actions which are reflected in the consolidated Ordinance).

Conver
sely, on a vote of 3-2, the Planning Commission recommended the City Council deny the Development Review Permit for the fence/gates proposal.

FINDINGS
In acc
ordance with TMC Section 10.08.3960, before approving a Development Review Permit, the reviewing body must make written findings that:
(1) the proposal increases the quality of the project site, and enhances the property in a manner that therefore improves the property in relation to the surrounding area and the citizens of Tracy; and
(2) the proposal conforms to the Zoning Regulations (TMC Chapter 10.08), the General Plan, any applicable specific plan, the Design Goals and Standards, any applicable Infrastructure Master Plans, and other City regulations.

Agenda Item 1.O
December 6, 2022

The reco
mmended findings for the Development Review Permits are as follow:

1. The proposal increases the quality of the project site and enhances the property in a manner that therefore improves the property in relation to the surrounding area and the citizens of Tracy because the number of additional parking spaces will be above and beyond minimum requirements of City regulations to help reduce potential effects of peak parking demand times and potentially allow tenants and guests to park closer to their tenant spaces or building destinations.

The design of the proposed fences and gates include black tube steel, with decorative trim on the portion along Valpico Road, to be compatible with the character and quality of the site and vicinity; the modest height, five- and six-foot tall, fences and gates will help deemphasize their presence; the fence and gates are reasonably setback from the Valpico Road property line; the gate openings are sufficiently wide to provide for emergency vehicle access at driveways and accessibility at pedestrian gates; the vehicle gates will be constructed sufficiently deep into the site to provide for generous vehicle stacking at site entrances; and the fences and gates will help provide a sense of security for tenants and the property owner.

2. The proposal conforms to Chapter 10.08, Zoning Regulations, of the Tracy Municipal Code, the City of Tracy General Plan, the Citywide Design Goals and Standards, City Standard Plans, and other City regulations in that it is consistent with the Storm Drainage Technical Memorandum prepared for the project by Wood Rodgers, it is consistent with City Off-Street parking area landscape requirements (Tracy Municipal Code Section 10.08.3560), and is consistent with City of Tracy Standard Plan 141 regarding parking space and drive aisle dimension requirements.

FISCAL IMPACT
This
agenda item does not request any expenditure of funds. The applicant paid the application processing fees established by the City Council and entered into a cost recovery agreement to pay for the City’s storm drain and CEQA consultants. The applicant will pay applicable grading, building and other construction permit fees upon commencement of project improvements.

PUBLIC OUTREACH / INTEREST
The Cali
fornia Environmental Quality Act (CEQA) Notice of Intent to Adopt a Negative Declaration and notice for the Planning Commission September 28, 2022, and City Council November 15, 2022 public hearings were published in the local newspaper, mailed to owners of property within over 300 feet of the project site, posted to the City web site, and at the Tracy Branch Library in accordance with public hearing notice requirements. The CEQA Notice of Intent to Adopt a Negative Declaration was also posted with the County Clerk in accordance with CEQA noticing requirements.

COORDINATION
Upon devel
opment application submittal to the City, the application was routed to the normal reviewers of development applications: City departments, South San Joaquin County Fire Authority, PG&E, Tracy Delta Solid Waste Management, Air Pollution Control District, AT&T, Agenda Item 1.O
December 6, 2022

Comc
ast, Tracy Unified School District, and San Joaquin Council of Governments. The primary interaction and coordination for this Project occurred after review and comments from the South San Joaquin County Fire Authority, the City Building Division, the City Engineering Division, and the City Police Department. The developer’s plans were revised from the original submittal and conditions of approval were developed in response to coordination with City departments and outside agencies. Project coordination was organized by the Development Services Department Planning Division.

CEQA DETERMINATION
The Cit
y’s environmental consultant, De Novo Planning Group, prepared an Initial Study in accordance with the California Environmental Quality Act (CEQA). Substantial supporting evidence contained in the Initial Study demonstrates the Project will not have a significant effect on the environment. Therefore, in accordance with CEQA Guidelines Section 15074, a Negative Declaration is proposed for adoption for the parking lot expansion. The perimeter fence/gate proposal is exempt from CEQA review pursuant to CEQA Guidelines Section 15303(e) which pertains to new construction of small or accessory structures such as fences and gates.

STRATEGIC PLAN
This
is a routine development application that does not directly relate to the City Council’s Strategic Plans.

ACTION REQUESTED OF THE CITY COUNCIL
1) Waive
the second reading and adopt an Ordinance: (A) Adopting a Negative Declaration for the expansion of the Apartments Project parking lot to include a portion of the rear yard of the property located at 2625 S. Macarthur Drive (Parking Site) in accordance with the California Environmental Quality Act (CEQA); (B) Approving a General Plan Amendment redesignating the Parking Site from Commercial to Residential High (GPA22-0003); (C) Amending the Zone District of the Parking Site from Community Shopping Center to High Density Residential (R22-0002); (D) Approving a Development Review Permit expanding the Valpico Glenbriar Apartment Parking Lot to include a portion of the rear yard at 2625 S. MacArthur Drive (D22- 0013); and
(2) Adopt
a Resolution (A) Determining the addition of a perimeter fence/gate to the Valpico Glenbriar Apartments Project located at 351 E. Valpico Road (Application Number D22-0005) is exempt from CEQA pursuant to CEQA Guidelines Section 15303(e), and (B) Approving a Development Review Permit for the addition of a perimeter fence and gates to the Apartments Project site.

Prepared by: Alan Bell, Senior Planner
Revi
ewed by: Bill Dean, Assistant Director of Development Services Kris Balaji, PMP, PE, Development Services Director
Sara Cowell, Finance Director
Midori Lichtwardt, Assistant City Manager
Approv
ed by: Michael Rogers, City Manager

APPROVED AS TO FORM AND

LEGALITY

CITY AT
TORNEY’S OFFICE
TRACY

CITY COUNCIL

ORDINANCE
NO. _____

FOR THE VAL

PICO GLENBRIAR APARTMENT PROJECT LOCATED AT
VALPICO ROAD AND MACARTHUR DRIVE (APARTMENTS PROJECT):
(A) ADOPTING A NEGATIVE DECLARATION FOR THE EXPANSION OF THE

APARTMENTS PROJECT PARKING LOT TO INCLUDE A PORTION OF THE REAR YARD OF THE PROPERTY LOCATED AT 2625 S. MACARTHUR DRIVE (PARKING SITE) IN ACCORDANCE WITH THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
(B) APPROVING A GENERAL PLAN AMENDMENT REDESIGNATING THE PARKING SITE FROM COMMERCIAL TO RESIDENTIAL HIGH (GPA22-0003); (C) AMENDING THE ZONE DISTRICT OF THE PARKING SITE FROM

COMMUNITY SHOPPING CENTER TO HIGH DENSITY RESIDENTIAL
(R22-0002); AND
(D) APPROVING A DEVELOPMENT REVIEW PERMIT EXPANDING THE

APARTMENTS PROJECT PARKING LOT TO INCLUDE A PORTION OF
THE REAR YARD LOCATED AT 2625 S. MACARTHUR DRIVE (D22-0013) WHEREA
S, The 264-unit Valpico Glenbriar Apartments Project was approved by the City Council on October 1, 2019, Resolution Number 2019-195; and WHEREA
S, During construction, the Apartments Project was sold from the original developer (Katerra) to Guardian Capital, which intends to complete construction, own, and manage the project; and
WHEREA
S, The Apartments Project was approved with 417 off-street parking spaces, which is consistent with City standards; and
WHEREA
S, Guardian Capital wishes to provide additional off-street parking spaces for tenants and guests beyond the existing number of parking spaces; and WHEREA
S, Guardian Capital has acquired an interest in approximately 13,440 square feet of adjacent property on which to develop additional parking; and WHEREA
S, Guardian Capital submitted a Development Review Permit (Application Number D22-0013) to develop the adjacent property as additional parking, connected to the existing Apartments Project site; and
Ordinance _____

WHER
EAS, The Apartments Site has a General Plan designation of Residential High and is zoned High Density Residential, and
WHER
EAS, The adjacent property (Parking Site), on which the parking lot will be expanded, has a General Plan designation of Commercial and is zoned Community Shopping Center; and
WHER
EAS, Guardian Capital has requested the General Plan and zoning designations of the Parking Site be amended from Commercial and Community Shopping Center, respectively, to Residential High and High Density Residential, respectively, in order to be consistent with the General Plan and zoning designations of the Apartments Project site; and
WHER
EAS, The Planning Commission conducted a public hearing on September 28, 2022, and considered the Initial Study/Negative Declaration dated September 2022 and prepared in accordance with the California Environmental Quality Act (CEQA) (attached as Exhibit 5) for the parking lot expansion project, finding no significant effect on the environment, and recommended that the City Council adopt it; and WHER
EAS, At the public hearing, the Planning Commission also reviewed and considered the proposed Development Review Permit for the parking expansion and recommended its approval, subject to the conditions of approval set forth in Exhibit 4; and

NOW THE
REFORE BE IT RESOLVED:

SECT
ION 1. Incorporation of Recitals/Findings. The City Council of the City of Tracy hereby finds and determines the foregoing recitals are true and correct and are hereby incorporated herein as findings and determinations of the City.

SECT
ION 2. CEQA Negative Declaration. The City Council, based on its independent judgment and analysis, has reviewed and considered the proposed project and has determined, based on the whole record before it, including the Initial Study/Negative Declaration set forth in Exhibit 5 and comments received, that there is no substantial evidence that the parking lot expansion project will have a significant effect on the environment and hereby adopts the Initial Study/Negative Declaration, as full satisfaction of the requirements under CEQA for the Apartments Project parking lot expansion.

SECT
ION 3. General Plan Amendment. The City Council hereby approves the General Plan map amendment from Commercial to Residential High for the approximately 13,440 square foot Parking Site as indicated in Exhibit 2.

SECTI
ON 4. Zoning Map Amendment. The City Council approves the Zoning Map amendment from Community Shopping Center to High Density Residential for the approximately 13,440 square foot Parking Site as indicated in Exhibit 3.

SECTION 5. Development Review Permit. The City Council approves the Development Review Permit for the Valpico Glenbriar Apartments parking lot expansion based on the findings contained in Exhibit 1 and subject to the Conditions of Approval set forth in Exhibit 4.

Ordinance _____

SECTION 6. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall be affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.

SECTI
ON 7. Effective Date. This Ordinance shall become effective upon the thirtieth (30th) day after final adoption.

SECTI
ON 8. Publication. The City Clerk is directed to publish this Ordinance in a manner required by law.

SECTI
ON 9. Codification. This Ordinance shall not be codified in the Tracy Municipal Code.
* * * * * * * * * * * * * *
The for
egoing Ordinance 2022- was introduced at a regular meeting of the Tracy City Council on the 15th day of November 2022, and finally adopted on the day of , 2022, by the f ollowing vote:

AYES: COUNCIL M
EMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________
NANCY D. YO
UNG
Mayor of the City of Tracy, California
ATTEST
:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of
the City of Tracy
Date
of Attestation: __________
Exh
ibit 1 – Project Findings
Exhibit 2 – Proposed General Plan Designation
Exhibit 3 – Proposed Zoning District
Exhibit 4 – Project Conditions of Approval
Exhibit 5 – Project Negative Declaration
Exhibit 1
Tracy City Council Findings for Ordinance No.

The City Council findings related to adopting the CEQA Negative Declaration for the Valpico Glenbriar Parking Lot Expansion Project General Plan Map Amendment, Zoning Map Amendment, and Development Review Permit:

City of Tracy has reviewed and considered the proposed project and has determined, based on the whole record before it, including the Initial Study and comments received, there is no substantial evidence that the project will have a significant effect on the environment, with substantial supporting evidence provided in the Initial Study, prepared by De Novo Planning Group, dated September 2022;
The City Council findings related to approving the Development Review Permit for the Valpico Glenbriar Parking Lot Expansion Project, Application Numbers D22-0013, are as follow:

1. The proposal increases the quality of the project site and enhances the property in a manner that therefore improves the property in relation to the surrounding area and the citizens of Tracy because the number of additional parking spaces will be above and beyond minimum requirements of City regulations to help reduce potential effects of peak parking demand times and potentially allow tenants and guests to park closer to their tenant spaces or building destinations.

2. The proposal conforms to Chapter 10.08, Zoning Regulations, of the Tracy Municipal Code, the City of Tracy General Plan, the Citywide Design Goals and Standards, City Standard Plans, and other City regulations in that it is consistent with the Storm Drainage Technical Memorandum prepared for the project by Wood Rodgers, is consistent with the City Storm Drainage Master Plan, it is consistent with City Off-Street parking area landscape requirements (Tracy Municipal Code Section 10.08.3560), and is consistent with City of Tracy Standard Plan 141 regarding parking space and drive aisle dimension requirements.

PROPOSED GENERAL PLAN
Exhibit 2

PROPOSED ZONING
Exhibit 3
Exhibit 4
City of Tracy
Conditions of Approval
City Council – December 6, 2022
Valpico Glenbriar Apartments Parking Lot Expansion and Fence/Gates Project Application Numbers D22-0013 and D22-0005
A. Genera
l Provisions and Definitions.

A.1. G
eneral. These Conditions of Approval apply to:

The Pro
ject: Valpico Glenbriar Apartments Parking Lot Expansion and Perimeter Fence/Gate Project, Development Review Permit Application Numbers and D22- 0013 and D22-0005.

The Property: The fence and gates will be built around the entire 11.63-acre Valpico Glenbriar Apartment site, 351 E. Valpico Road (Assessor’s Parcel Number 246- 140-23) that does not previously have a wood fence; and the parking lot expansion occurs on approximately 13,440 square feet of the current, vacant back yard of the single-family home at 2625 S. MacArthur Drive (Assessor’s Parcel Number 246-140-08).

A.2. Definitions.
a. “Appl
icant” means any person, or other legal entity, applying for a Development Review Permit.
b. “Ci
ty Engineer” means the City Engineer of the City of Tracy, or any other duly licensed Engineer designated by the City Manager, or the Development Services Director, or the City Engineer to perform the duties set forth herein. c. “Ci
ty Regulations” means all written laws, rules, and policies established by the City, including those set forth in the City of Tracy General Plan, the Tracy Municipal Code, ordinances, resolutions, policies, procedures, and the City’s Design Documents (including the Standard Plans, Standard Specifications, Design Standards, and relevant Public Facility Master Plans).
d. “Dev
elopment Services Director” means the Development Services Director of the City of Tracy, or any other person designated by the City Manager or the Development Services Director to perform the duties set forth herein. e. “Condi
tions of Approval” shall mean the conditions of approval applicable to the Project located at the Property. The Conditions of Approval shall specifically include all conditions set forth herein.
f. “Developer” means any person, or other legal entity, who applies to the City to divide or cause to be divided real property within the Project boundaries, or who applies to the City to develop or improve any portion of the real property within the Project boundaries. The term “Developer” shall include all successors in interest.

Conditions of Approval Exhibit 4
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 2 Application Numbers D22-0013 and D22-0005
g. “Police Chief” means the Chief of Police of the City of Tracy, or any other person designat
ed by the City Manager or the Police Chief to perform duties set forth herein.

A.3. P
ayment of applicable fees. The applicant shall pay all applicable fees for the project, including, but not limited to, development impact fees, building permit fees, plan check fees, grading permit fees, encroachment permit fees, inspection fees, school fees, or any other City or other agency fees or deposits that may be applicable to the project.

A.4. Co
mpliance with laws. The Developer shall comply with all federal, state and local laws, as amended from time to time, related to the development of real property within the Project, including, but not limited to:
• the Planning and Zoning Law (Government Code sections 65000, et seq.) • the California Environmental Quality Act (Public Resources Code sections 21000, et seq., “CEQA”), and
• the Guidelines for California Environmental Quality Act (California Administrative Code, title 14, sections 1500, et seq., “CEQA Guidelines”).

A.5. C
ompliance with applicable regulations. Unless specifically modified by these Conditions of Approval, the use shall comply with all City Regulations.

A.6. Prior to construction, the applicant shall submit construction documents which meet the requirements of the California Building and Fire Codes and the Tracy Municipal Code to the City of Tracy and the South San Joaquin County Fire Authority for review, approval and inspections.

B. Project Conditions of Approval
B.1. P
rior to final inspection or occupancy, the project shall be established in substantial compliance with the plans (Sheets L1 thru L4 by Ripley Design Group and Sheet 1 of “Valpico Apartments Expanded Parking Area” plans by MacKay and Somps) received by the Development Services Department on September 13, 2022 to the satisfaction of the Development Services Director, including but not limited to the location of the fence and gates, five-foot height along the Valpico Road frontage, six-foot height elsewhere, and decorative metal design.

B.2. P
rior to final inspection or occupancy, the expanded parking area shall be designed and constructed in compliance with City Regulations for landscape requirements for parking areas (Tracy Municipal Code Section 10.08.3560) and City Standard Plan 141.

B.3. P
rior to installation of the gates or issuance of a building permit, applicant shall submit construction documents, plans, specifications and/or calculations to the Building Safety Division, which meet all requirements of Title 24 California Code of Regulations and City of Tracy Municipal Codes, as applicable. The plans shall include, and not be limited to, an egress analysis of all of the doors in case of an emergency to ensure that the proper amount of exit width is provided, in accordance with California Building Code Chapter 10. Note that additional doors or gates may be required.

B.4. P
rior to final inspection or occupancy, plans shall be submitted and all improvements shall be constructed in accordance with City and South San Joaquin County Fire Conditions of Approval Exhibit 4
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 3 Application Numbers D22-0013 and D22-0005
Authority standards, demons trating that all vehicle access gates meet the current California Fire Code 503.2.1 regarding unobstructed access width of not less than 20 feet to the satisfaction of the Fire Marshal.

B.5. P
rior to final inspection or occupancy, plans shall be submitted and all improvements shall be constructed in accordance with City and South San Joaquin County Fire Authority standards regarding emergency vehicle access, demonstrating compliance with California Fire Code Section 503.6 and the Tracy Municipal Code to the satisfaction of the Fire Marshal; and providing Police Department access to the satisfaction of the Police Chief.

C. Engineering Division Conditions of Approval
C.1. G
eneral Conditions
Devel
oper shall comply with the applicable sections of approved documents and/or recommendations of the technical analyses/reports prepared for the Project listed as follows:
1) Stor
m Water Drainage Technical Memorandum by Wood Rodgers dated July 20, 2022
C.2. R

ESERVED
C.3. RESERVED
C.4. Grading Permit
All
grading work (on-site and off-site) shall require a Grading Plan. All grading work shall be performed and completed in accordance with the recommendation(s) of the Project’s Registered Geotechnical Engineer. Prior to release of a Grading Permit, Developer shall provide all documents related to said Grading Permit required by the applicable City Regulations and these Conditions of Approval, to the satisfaction of the City Engineer, including, but not limited to, the following:

C.4.1 Devel
oper has completed all requirements set forth in this section.

C.4.2 Devel
oper has obtained the approval (i.e. recorded easements for slopes, drainage, utilities, access, parking, etc.) of all other public agencies and/or private entities with jurisdiction over the required public and/or private facilities and/or property. Written permission from affected owner(s) will be required to be submitted to the City prior to the issuance of the Grading Permit.

C.4.3 D
eveloper has obtained a demolition permit to remove any existing structure located within the Project’s limits.

C.4.4 A
ll existing on-site water well(s), septic system(s), and leech field(s), if any, shall be abandoned or removed in accordance with the City and San Joaquin County requirements. Developer shall be responsible for all costs associated with the abandonment or removal of the existing well(s), septic system(s), and leech field(s) including the cost of permit(s) and inspection. Developer shall submit a Conditions of Approval Exhibit 4
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 4 Application Numbers D22-0013 and D22-0005
copy of written approval(s) or permit(s) obtained from San Joaquin County regardi
ng the removal and abandonment of any existing well(s), prior to the issuance of the Grading Permit.

C.4.5 The Impr
ovement Plans for all improvements to serve the Project (on-site and off-site) including the Grading and Drainage Plans shall be prepared in accordance with the City’s Subdivision Ordinance (Tracy Municipal Code (TMC) Chapter 12.36), City Design Documents as defined in Title 12 of the TMC, and these Conditions of Approval.

C.4.6 On-sit
e Grading/Drainage Plans and Improvement Plans shall be prepared on a twenty-four (24) inch x thirty-six (36) inch size four (4) millimeter thick polyester film (mylar). These plans shall use the City’s Title Block. Improvement Plans shall be prepared under the supervision of, stamped and signed by a Registered Civil Engineer and Registered Geotechnical Engineer. Developer shall obtain all applicable signatures by City departments and outside agencies (where applicable) on the mylars including signatures by the Fire Marshal prior to submitting the mylars to Engineering Division for City Engineer’s signature.

Erosion control measures shall be implemented in accordance with the Improvement Plans approved by the City Engineer for all grading work. All grading work not completed before October 15 may be subject to additional requirements as applicable. Improvement Plans shall specify all proposed erosion control methods and construction details to be employed and specify materials to be used during and after the construction.

C.4.7
Payment of the applicable Grading Permit fees which include grading plan checking and inspection fees, and other applicable fees as required by these Conditions of Approval.

C.4.8
For Projects on property larger than one (1) acre: Prior to the issuance of the Grading Permit, Developer shall submit to the Utilities Department ([email protected]) one (1) electronic copy and one (1) hard copy of the Storm Water Pollution Prevention Plan (SWPPP) as submitted in Stormwater Multiple Applications and Reporting Tracker System (SMARTS) along with either a copy of the Notice of Intent (NOI) with the state-issued Wastewater Discharge Identification number (WDID) or a copy of the receipt for the NOI. After the completion of the Project, the Developer is responsible for filing the Notice of Termination (NOT) required by SWQCB, and shall provide the City, a copy of the completed Notice of Termination. Cost of preparing the SWPPP, NOI and NOT including the annual storm drainage fees and the filing fees of the NOI and NOT shall be paid by the Developer. Developer shall comply with all the requirements of the SWPPP, applicable Best Management Practices (BMPs) and the Stormwater Post-Construction Standards adopted by the City in 2015 and any subsequent amendment(s).

For Pr
ojects on property smaller than one (1) acre: Prior to the issuance of the Grading Permit, the Developer shall submit to the Utilities Department ([email protected]) one (1) electronic copy and 1 hard copy of the City of Tracy Erosion and Sediment Control Plan (ESCP) for approval. Cost of preparing the ESCP including any annual storm drainage fees shall be paid Conditions of Approval Exhibit 4
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 5 Application Numbers D22-0013 and D22-0005
by the Developer. Devel oper shall comply with all the requirements of the ESCP, applicable BMPs and the Post-Construction Stormwater Standards adopted by the City in 2015 and any subsequent amendment(s).

C.4.9 D
eveloper shall provide a PDF copy of the Project’s Geotechnical Report signed and stamped by a Registered Geotechnical Engineer. The technical report must include relevant information related to soil types and characteristics, soil bearing capacity, compaction recommendations, retaining wall recommendations, if necessary, paving recommendations, paving calculations such as gravel factors, gravel equivalence, etc., slope recommendations, and elevation of the highest observed groundwater level.

C.4.
10 Minor Retaining – Developer shall use reinforced or engineered masonry blocks for retaining soil at property lines when the grade differential among the in-tract lots exceeds twelve (12) inches. Developer will include construction details of these minor retaining walls with the on-site Grading and Drainage Plan.

Developer may use slopes among the lots to address the grade differential but said slope shall not exceed a slope gradient of 3 (horizontal) to 1 (vertical) unless a California licensed geotechnical engineer signs and stamps a geotechnical report letter that supports a steeper slope gradient. Slope easements may be required and will be subject to approval by the City Engineer.

Minor
Retaining along Project Perimeter – Developer shall use reinforced or engineered masonry blocks for retaining soil along the Project boundary and adjacent property(s) when the grade differential exceeds 12-inches. Developer will include construction details for these minor retaining walls with the on-site Grading and Drainage Plan. Developer may use slopes to address the grade differential but said slope shall not exceed a slope gradient of 3 (horizontal) to 1 (vertical). Slope easements may be subject to approval by the City Engineer and if adjacent and affected property(s) owner(s) grants said easements.

Slope
s are an acceptable option as a substitute to engineered retaining walls, where cuts or fills do not match existing ground or final grade with the adjacent property or public right of way, up to a maximum grade differential of two (2) feet, subject to approval by the City Engineer.

Slope
easements will be recorded, prior to the issuance of the Grading Permit.

The Developer shall be responsible to obtain and record slope easement(s) on private properties, where it is needed to protect private improvements constructed within and outside the Project, and a copy of the recorded easement document must be provided to the City, prior to the issuance of the Grading Permit.

Walls
- Developer shall show proposed retaining walls and masonry walls on the on-site Grading and Drainage Plan. The Developer is required to submit improvement plans, construction details, and structural calculations for retaining walls and masonry walls to Building and Safety. Retaining wall and masonry wall design parameters will be included in the geotechnical report.

Conditions of Approval Exhibit 4
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 6 Application Numbers D22-0013 and D22-0005
C.4.11 Developer shall provide a copy of the approved Incidental Take Minimization Measur
es (ITMM) habitat survey [San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)] from San Joaquin Council of Governments (SJCOG).

C.4.
12 Developer shall provide a copy of the approved Air Impact Assessment (AIA) with an Indirect Source Review (ISR) from San Joaquin Valley Air Pollution Control District (SJVAPCD).

C.4.
13 Developer shall abandon or remove all existing irrigation structures, channels and pipes, if any, as directed by the City after coordination with the irrigation district, if the facilities are no longer required for irrigation purposes. If irrigation facilities including tile drains, if any, are required to remain to serve existing adjacent agricultural uses, the Developer will design, coordinate and construct required modifications to the facilities to the satisfaction of the affected agency and the City. Written permission from irrigation district or affected owner(s) will be required to be submitted to the City prior to the issuance of the Grading Permit. The cost of relocating and/or removing irrigation facilities and/or tile drains is the sole responsibility of the Developer.

C.4.14 If
the Project contains overhead utilities, the Developer shall underground existing overhead utilities such as electric, TV cable, telephone, and others.

Each dry utility shall be installed at the location approved by the respective owner(s) of dry utility and the Developer shall coordinate such activities with each utility owner. All costs associated with the undergrounding shall be the sole responsibility of the Developer and no reimbursement will be due from the City. Developer shall submit undergrounding plans.

C.4.
15 If at any point during grading that the Developer, its contractor, its engineers, and their respective officials, employees, subcontractor, and/or subconsultant exposes/encounters/uncovers any archeological, historical, or other paleontological findings, the Developer shall address the findings as required per the General Plan Cultural Resource Policy and General Plan EIR; and subsequent Cultural Resource Policy or mitigation in any applicable environmental document.

C.5. Buil
ding Permit
Pri
or to the release of a building permit within Project boundaries, the Developer shall demonstrate, to the satisfaction of the City Engineer, compliance with all required Conditions of Approval, including, but not limited to, the following:

C.5.1 Devel
oper has completed all requirements set forth in Condition C.1, through C.4, above.

C.5.2 D
eveloper pays the applicable development impact fees as required in the TMC, these Conditions of Approval, and City Regulations.

Conditions of Approval Exhibit 4
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 7 Application Numbers D22-0013 and D22-0005

C.5.2.a. Water. The Developer shall pay the water impact fees prior to pulling the first building permit for the Project.

C.5.2.b. Wastewater. The Developer shall pay the wastewater treatment capacity development Impact fees prior to pulling the first building permit for the Project.

C.5.3 Developer has completed all requirements set forth in Condition C.8

C.5.4 Prior to the release of any Building Permit, all construction activity will require a fully executed and recorded Deferred Improvement Agreement.

C.6 Acceptance of Glenbriar Drive Right-of-Way

Prior to the consideration of City Council’s acceptance of public improvements, the Developer shall demonstrate to the reasonable satisfaction of the City Engineer, completion of the following:

C.6.1 Developer has satisfied all the requirements set forth in these Conditions of Approval.

C.6.2 Developer submitted the Storm water Treatment Facilities Maintenance Agreement (STFMA) to the Utilities Department.

C.6.3 Developer has satisfactory completed construction of all required/conditioned improvements. Unless specifically provided in these Conditions of Approval, or some other applicable City Regulations, the Developer shall use diligent and good faith efforts in taking all actions necessary to construct all public facilities required to serve the Project, and the Developer shall bear all costs related to construction of the public facilities (including all costs of design, construction, construction management, plan check, inspection, land acquisition, program implementation, and contingency).

C.6.4 Certified “As-Built” Improvement Plans (or Record Drawings). Upon completion of the construction by the Developer, the City, at its sole discretion, temporarily release the original mylars of the Improvement Plans to the Developer so that the Developer will be able to document revisions to show the "As-Built" configuration of all improvements.

C.6.5 Developer shall be responsible for any repairs or reconstruction of street pavement, curb, gutter and sidewalk and other public improvements along the frontage of the Project, if determined by the City Engineer to be in poor condition or damaged by construction activities related to this Project and Developer’s enclosure of the Glenbriar Drive right-of-way. Repairs shall be depicted on City approved improvement plans referenced in C.7 below.

C.6.6 Developer has completed the ninety (90) day public landscaping maintenance period.

Conditions of Approval Exhibit 4
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 8 Application Numbers D22-0013 and D22-0005
C.6.7 Per Section 21107.5 of the California Vehicle Code, Developer shall install si
gns at all entrance(s) of the Project stating that the streets are privately owned and maintained and are not subject to the public traffic regulations or control. Said signs must be conspicuously placed, plainly visible, and legible during daylight hours from a distance of one hundred (100) feet.

C.6.8 S urvey
Monuments – Any altered, damaged, or destroyed survey monuments and/or benchmarks shall be re-established. Developer shall submit centerline tie sheets or a record of survey for the following: new public streets; re-established survey monuments, and/or benchmarks. If the Developer destroyed, altered, and/or reconstructed any existing curb returns, Developer shall also submit corner records. Any survey document will be submitted the City and to the San Joaquin County Surveyor to comply with California Business and Professions Code Section 8771(c). Said work shall be executed by a California licensed Land Surveyor at the Developer’s sole expense.

Conditions of Approval Exhibit 4
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 9 Application Numbers D22-0013 and D22-0005
C.7. Improvement Agreement(s)
All
construction activity involving public improvements will require a fully executed improvement agreement (Off-site, Subdivision, and/or Inspection). Any construction activity involving public improvements without a fully executed improvement agreement is prohibited. All public improvements shall be performed and completed in accordance with the recommendation(s) of the Project’s Registered Civil Engineer.

Prior to the consideration of City Council’s approval of said improvement agreement, the Developer shall provide all documents related to said improvements required by the applicable City Regulations and these Conditions of Approval, to the satisfaction of the City Engineer, including, but not limited to, the following:

C.7.1 I
mprovement Plans for the Restoration of the Glenbriar Drive Right-of- Way shall be prepared on a twenty-four (24) inch x thirty-six (36) inch size four (4) millimeter thick mylar that incorporate all requirements described in the documents described in these Conditions of Approval, the City’s Design Documents as defined in Title 12 of the Tracy Municipal Code. Developer shall use the latest title block and, if necessary, contain a signature block for the Fire Marshal. Improvement Plans shall be prepared under the supervision of, and stamped and signed by a Registered Civil, Traffic, Electrical, Mechanical Engineer, and Registered Landscape Architect for the relevant work. Developer shall obtain all applicable signatures by City departments and outside agencies (where applicable) on the mylars including signatures by Fire Marshal to submitting the mylars to Engineering Division for City Engineer’s signature. The improvement plans shall be prepared to specifically include, but not be limited to, the following items:

C.7.
2 All existing and proposed utilities such as domestic water line, irrigation service, fire service line, storm drain, and sanitary sewer, including the size and location of the pipes.

C.7.3 A
ll supporting engineering calculations, materials information or technical specifications, cost estimate, and technical reports. All improvement plans shall contain a note stating that the Developer (or Contractor) will be responsible to preserve and protect all existing survey monuments and other survey markers such as benchmarks.

C.7.4 A
PDF copy of the Project’s approved Geotechnical/Soils Report that was prepared for the grading permit submittal.

C.7.
5(a) Storm Water - The Project’s on-site storm water drainage connection to the City’s storm water system shall be approved by the City Engineer.

Drainage calculations for the sizing of the on-site storm drainage system.

Improvement Plans to be submitted with the hydrology and storm water.

C.7.
5(b) Storm drainage release point is a location at the boundary of the Project adjacent public right-of-way where storm water leaves the Property, in a storm event and that the Property’s on-site storm drainage system fails to function or it is clogged. Site grading shall be designed such that the Project’s storm drainage overland release point will be directly to an adjacent public street with a functional storm drainage system and the Conditions of Approval Exhibit 4
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 10 Application Numbers D22-0013 and D22-0005
existing storm drainage line has adequate capacity to drain storm water fro
m the Property. The storm drainage release point is recommended to be at least 0.70-feet lower than the building finish floor elevation and shall be designed and improved to the satisfaction of the City Engineer.

C.7
.5(c) As recommended in the Storm Water Drainage Memorandum, the minimum finished floor elevation shall be a minimum of 40.49 feet C.7.
5(d) The Project’s permanent storm drainage connection(s) shall be designed and constructed in accordance with City Regulations. The design of the permanent storm drainage connection shall be shown on the Grading and Drainage Plans with calculations for the sizing of the storm drain pipe(s), and shall comply with the applicable requirements of the City’s storm water regulations adopted by the City Council in 2012 and any subsequent amendments.

C.7.
5(e) The storm water treatment system shall be located on private property and shall be at least off-set from the right-of-way by one (1) foot.

C.7.6(a
) Sanitary Sewer - It is the Developer’s responsibility to design and construct the Project’s permanent on-site sanitary sewer (sewer) improvements including the Project’s sewer connection in accordance with the City’s Design Standards, City Regulations and Standard Specifications. Sewer improvements shall include but not limited to, replacing asphalt concrete pavement, reconstructing curb, gutter and sidewalk, restoring pavement marking and striping, and other improvements that are disturbed as a result of installing the Project’s permanent sewer connection. Developer shall submit improvement plans that include the design of the sewer line from the Property to the point of connection.

C.7.
6(b) Developer is hereby notified that the City will not provide maintenance of the sewer lateral within the public right-of-way unless the sewer cleanout is located and constructed in conformance with Standard Plans. The City’s responsibility to maintain on the sewer lateral is from the wye/onsite sewer manhole at the right-of-way line/property line/wye fitting to the point of connection with the sewer main.

C.7.7(a
) Water Distribution - Developer shall design and construct domestic and irrigation water service that comply with the City Regulations. Water line sizing, layout and looping requirements for this Project shall comply with City Regulations. During the construction of the Project, the Developer is responsible for providing water infrastructure (temporary or permanent) capable of delivering adequate fire flows and pressure appropriate to the various stages of construction and as approved by the Fire Marshal.

C.7.
7(b) Interruption to the water supply to the existing businesses and other users will not be allowed to facilitate construction of improvements related to the Project. Developer shall be responsible for notifying business owner(s) and users, regarding construction work. The written notice, as approved by the City Engineer, shall be delivered to the affected residents or business Conditions of Approval Exhibit 4
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 11 Application Numbers D22-0013 and D22-0005
owner(s) at least seventy-two (72) hours before start of work. Prior to starting the work described in this section, the Developer shall submit a Work Plan acceptable to the City that demonstrates no interruptions to the water supply, and Traffic Control Plan to be used during the installation of the off-site water mains and connections.

C.7
.7(c) The Project’s water service connections shall use a remote-read (radio- read) master water meter (the water meter to be located within City's right-of-way) and a Reduced Pressure Type back -flow protection device in accordance with City Regulations. The domestic and irrigation water service connection(s) must be completed before the inspection of the building. The location of the meters shall be approved by the City Engineer.

C.7.
7(d) After final inspection of the improvements constructed via an encroachment permit, repair and maintenance of the water service from the water meter to the point of connection with the water distribution main in the street shall be the responsibility of the City. Water service repairs after the water meter is the responsibility of the Developer or individual lot owner(s).

C.7
.7(e) Prior to improvement acceptance, repair and maintenance of all on -site water lines, laterals, sub -water meters, valves, fittings, fire hydrant and appurtenances shall be the responsibility of the Developer or the individual lot owner(s).

C.7.7
(f) All costs associated with the installation of the Project’s water connection(s) including the cost of removing and replacing asphalt concrete pavement, pavement marking and striping such as crosswalk lines and lane line markings on existing street or parking area(s) that may be disturbed with the installation of the permanent water connection(s), or domestic water service, and other improvements shall be paid by the Developer.

C.7.
8(a) Streets – The Developer shall construct frontage improvements. Frontage improvements include but are not limited to the following: curb, gutter, sidewalk, street widening, landscaping, street lighting, undergrounding of overhead utilities and other improvements. All streets and utilities improvements within City right-of-way shall be designed and constructed in accordance with City Regulations, and City’s Design Standards including the City’s Facilities Master Plan for storm drainage, roadways, wastewater, and water as adopted, amended, and updated by the City, or as otherwise specifically approved by the City.

C.7.8(
b) Valpico Road
The Tracy Transportation Master Plan (TMP) classifies Valpico Road as a four-lane divided arterial which would require a minimum of ninety-seven (97) feet of right of way at ultimate buildout. Prior to the release of the grading permit, the Developer shall dedicate right of way along the Project frontage, excluding the Public Utility Easement (P.U.E.). In addition, the Conditions of Approval Exhibit 4
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 12 Application Numbers D22-0013 and D22-0005
Developer shall rec ord a ten (10) foot wide P.U.E. immediately behind the new property line.

C.7.
8(c) Developer shall install green bike lane striping on Valpico Road along the project frontage.

C.7.
8(d) Developer shall install audible pedestrian crossing at the existing traffic signal at Glenbriar Drive and Valpico Road.

C.7.
8(e) Developer shall install a barricade at the westerly edge of the proposed sidewalk.

C.7.8
(f) Along the Project frontage, if applicable, Developer shall landscape and irrigate the existing parkways per current adopted City landscape standards. Landscape and irrigation plans shall be prepared on a 24-inch x 36-inch size 4-millimeter thick mylar that incorporate all requirements described in the documents described in these Conditions of Approval, the City’s Design Documents as defined in Title 12 of the Tracy Municipal Code. Developer shall use the latest title block. Said landscape and irrigation plan shall be prepared by a California licensed landscape architect. Developer can either protect-in-place the existing sidewalk and repair any cracked, settled, and/or damaged sidewalk or remove and replace the sidewalk so long as the replacement sidewalk is similar to the current sidewalk, i.e. similar width, meanders, etc.

C.7.
8(g) Overhead Utilities along Project frontage shall be placed underground.

C.7.
8(h) Street cuts and trenching related to utility installation on Valpico Road shall be subject to Condition C.8.1
C.7.
8(i) Glenbriar Drive
Prior to the release of the grading permit, Developer shall enter into a Deferred Improvement Agreement (DIA) to be recorded against the parcels included in the Project. Said DIA will insure the future public right- of-way associated with Glenbriar Drive is repaired and restored when Glenbriar Drive is open to the public. Developer shall prepare improvements if deemed necessary by the City.

C.7.
8(j) Easterly Vehicle Gate
Prior to the release of the grading permit, Developer shall install directional striping to assist in turn movements.

C.7.9
Joint Trench Plans and Composite Utility Plans, prepared on a twenty-four (24) inch x thirty-six (36) inch size four (4) millimeter thick mylar for the installation of dry utilities such as electric, gas, TV cable, telephone, and others that will be located within the twenty-four (24) feet wide to forty-six (46) feet wide [the width varies) PUE to be installed to serve the Project.

All private utility services to serve Project must be installed underground or relocated to be underground, and to be installed at the location approved by the respective owner(s) of the utilities from the street or an existing or Conditions of Approval Exhibit 4
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 13 Application Numbers D22-0013 and D22-0005
proposed utility easement to the building(s). If necessary, the Developer shall
dedicate ten (10) feet wide PUE for access to these new utilities for re-installation, replacement, repair, and maintenance work to be performed by the respective utility owner(s) in the future.

C.7.
10 Signed and stamped Engineer’s Estimate that summarizes the cost of constructing all the public improvements shown on the Improvement Plans. The cost estimate shall show the cost of designing the public improvements.

Paym
ent of applicable fees required by these Conditions of Approval and City Regulations, including but not limited to, plan checking, grading and encroachment permits and agreement processing, construction inspection, and testing fees. The engineering review fees will be calculated based on the fee rate adopted by the City Council on September 2, 2014, per Resolution 2014-141 and on May 16, 2017, per Resolution 2017-098.

Developer shall submit payment in the form of a check for the aforementioned fees.

C.7.
11 Traffic Control Plan - Prior to starting the work for any work within City’s right-of-way, the Developer shall submit a Traffic Control Plan (TCP). TCP can be split among the different construction phases. TCP will show the method and type of construction signs to be used for regulating traffic at the work areas within these streets. TCP shall conform to the Manual on Uniform Traffic Control Devices as amended by the State of California, latest edition (MUTCD-CA). TCP shall be prepared under the supervision of, signed and stamped by a Registered Civil Engineer or Registered Traffic Engineer.

C.7.
12 Access and Traffic Circulation to Existing Businesses/Residents - Developer shall take all steps necessary to plan and construct site improvements such that construction operations do not impact safety and access (including emergency vehicles) to the existing businesses and residents throughout the duration of construction. Developer shall coordinate with the owners and cooperate to minimize impacts on existing businesses. All costs of measures needed to provide safe and functional access shall be borne by the Developer.

C.7.
13 No street trench shall be left open, uncovered, and/or unprotected during night hours and when the Developer’s contractor is not performing construction activities. Appropriate signs and barricades shall be installed on the street and on all trenches during such times. If the Developer or its contractor elects to use steel plates to cover street trenches, said steel plates will be skid-resistance, and shall be ramped on all sides. Ramps will be a minimum two-foot wide and will run the entire length of each side.

C.7.
14 If at any point during utility installation or construction in general that the Developer, its contractor, its engineers, and their respective officials, employees, subcontractor, and/or subconsultant
exposes/encounters/uncovers any archeological, historical, or other Conditions of Approval Exhibit 4
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 14 Application Numbers D22-0013 and D22-0005
paleontological findings, the Developer shall address the findings as requir
ed per the General Plan Cultural Resource Policy and General Plan EIR; and subsequent Cultural Resource Policy or mitigation in any applicable environmental document.

C.7.15 Im
provement Security - Developer shall provide improvement security for all public facilities, as required by the Improvement Agreement. The form of the improvement security may be a bond, or other form in accordance with the Government Code, and the TMC. The amount of the improvement security shall be in accordance with Title 12 of the TMC.

C.7.
16 Insurance – Developer shall provide written evidence of insurance coverage that meets the terms of the Improvement Agreement.

C.8 Spec
ial Conditions
C.8.1 W
hen street cuts are made for the installation of utilities, the Developer shall conform to Section 3.14 of the 2020 Design Standards and is required install a two (2) inch thick asphalt concrete (AC) overlay with reinforcing fabric at least twenty-five (25) feet from all sides of each utility trench. A two (2) inch deep grind on the existing AC pavement will be required where the AC overlay will be applied and shall be uniform thickness in order to maintain current pavement grades, cross and longitudinal slopes. This pavement repair requirement is when cuts/trenches are perpendicular and parallel to the street’s direction.

C.8.2 N
othing contained herein shall be construed to permit any violation of relevant ordinances and regulations of the City of Tracy, or other public agency having jurisdiction. This Condition of Approval does not preclude the City from requiring pertinent revisions and additional requirements to the improvement plans, prior to the City Engineer’s signature on the improvement plans, and prior to issuance of Grading Permit, Encroachment Permit, Building Permit, if the City Engineer finds it necessary due to public health and safety reasons, and it is in the best interest of the City. The Developer shall bear all the cost for the inclusion, design, and implementations of such additions and requirements, without reimbursement or any payment from the City.

C.8.3 P
rior to the release of the Building Permit, if water is required for the Project, the Developer shall obtain an account for the water service and register the water meter with the Finance Department. Developer shall pay all fees associated with obtaining the account number for the water service.

Exhibit 5
City of Tracy
CEQA Negative Declaration
For Valpico Glenbriar (aka Vela) Apartments Parking Lot Expansion Project Name:

Valpico Glenbriar Apartments Parking Lot Expansion Project Project Location: T
he project (expansion of the Valpico Glenbriar Apartments parking lot) site consists of approximately 13,440 square feet (just under 1/3 of an acre) located in the rear yard of the single-family home at 2625 S. MacArthur Drive, Tracy (APN 246-140-08); and the Valpico Glenbriar (Vela) Apartments, currently under construction at 351 E. Valpico Road, Tracy (APN 246-140-23).

Project Proponent:

Valpico Tracy Apartments, LLC., represented by Rich
Alexander, Guardian Capital.

Project Descr
iption: The project includes the construction of approximately 25 additional parking spaces for the Valpico Glenbriar apartment complex. The apartment complex (currently under construction) will enlarge its parking lot by an area of approximately 56 feet by 240 feet to the east into what is currently a portion of the vacant, rear yard of the house at 2625 S. MacArthur Drive. A proposed 880 square-foot maintenance building will also be relocated to the enlarged parking area. The project includes the following development applications: General Plan Amendment from Commercial to Residential High (GPA22-0003), Zoning Map Amendment from Community Shopping Center to High Density Residential (R22-0002), Development Review Permit (D22-0013), and a lot line adjustment (MS22-0003). Final review of the lot line adjustment will be considered separately, in accordance with City standards. The project also includes the construction of a perimeter fence to enclose the apartment complex and new parking area, with vehicle and pedestrian gates at project entries (Development Review Permit Number D22-0005). The fence construction is exempt from CEQA review in accordance with CEQA Guidelines Section 15303(e), new construction of small structures/accessory structures.

CEQA Finding/
Determination: The City of Tracy has reviewed and
considered the proposed project and has determined that the project will not have a significant effect on the environment, with substantial supporting evidence provided in the Initial Study.

Initial Study:

A copy of the Initial Study for the Valpico Glenbriar
Apartments Parking Lot Expansion Project, dated September 2022, is attached and a part of this Negative Declaration.

APPROVED AS TO FORM AND LEGALITY
________________________
CIT
Y ATTORNEY’S OFFICE
TRAC

Y CITY COUNCIL
RES
OLUTION 2022-_____
(1) DETER

MINING THE ADDITION OF A PERIMETER FENCE/GATE TO THE
VALPICO GLENBRIAR APARTMENTS PROJECT LOCATED AT 351 E.

VALPICO ROAD (APPLICATION NUMBER D22 -0005) IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15303(E), AND ( 2)

APPROVING A DEVELOPMENT REVIEW PERMIT FOR THE ADDITION OF A

PERIMETER FENCE AND GATES TO THE VALPICO GLENBRIAR

APARTMENTS PROJECT
WHER
EAS, the 264-unit Valpico Glenbriar Apartments Project was approved by the City Council on October 1, 2019, Resolution No. 2019-195; and WHER
EAS, during construction, the project was sold from the original developer (Katerra) to Guardian Capital, which intends to complete construction, own, and manage the project; and
WHER
EAS, construction of a fence with gates around the Apartments Project perimeter was not part of the original Project approval and Guardian now wishes to construct a perimeter fence with gates at pedestrian and vehicle access points; and WHERE
AS, Guardian Capital represents the fence and gates will add a sense of security for the tenants and property owner and have a positive effect on the marketability of the apartments; and
WHERE
AS, some potential concerns related to fences and gates around residential developments relate to appearance of the fence(s), height, materials, emergency vehicle access, and stacking distances at vehicle entrances; and WHERE
AS, Guardian Capital has made modifications to its original proposal to address the concerns; and
WHER
EAS, the perimeter fence/gate proposal is exempt from CEQA pursuant to CEQA Guidelines Section 15303(e) which pertains to new construction of small or accessory structures such as fences; and
WHER
EAS, the Planning Commission conducted a public hearing on September 28, 2022 and recommended the City Council deny the Development Review Permit; and WHER
EAS, the City Council conducted a public hearing on November 15, 2022 to consider the Development Review Permit; and
Resolution 2022-_____

WHERE
AS, following discussion and based on the evidence presented at the hearing, the City Council directed staff to return with a Resolution, with requisite findings, approving the Development Review Permit for the fence/gates proposal; and

WHEREAS,
based on the direction of the City Council and all of the evidence in the record, staff prepared findings to support the approval of the Development Review Permit, set forth in Exhibit 1; and
WHERE
AS, staff recommends that the Development Review Permit be approved with the Conditions of Approval set forth in Exhibit 2; now, therefore, be it RESOL
VED: That the City Council of the City of Tracy hereby finds and determines that the foregoing recitals are true and correct and are hereby incorporated herein as findings and determinations of the City; and be it further
RESOL
VED: That the City Council, based on its own independent analysis and the evidence before it, finds that the proposed project to add a perimeter fence/gate to the Apartments Project site is exempt from CEQA pursuant to CEQA Guidelines Section 15303(E); and be it further
RESOL
VED: That the City Council hereby approves Development Review Permit Application D22-0005 to add a perimeter fence/gate to the Valpico Glenbriar Apartments Project site, based on the findings identified in Exhibit 1, and subject to the Conditions of Approval set forth in Exhibit 2.
* * * * * * * * * * * * * *
The foregoing Resolution 2022-___ was adopted by the Tracy City Council on the 6th day
of December 2022, by the following vote:

AYES: COUNCI
L MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________
NANCY
D. YOUNG
Mayor of the City of Tracy, California
ATTEST
:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
Exhibit 1 – City Council Findings for Resolution No. 2022-_____ Exhibit 2 – Project Conditions of Approval
Exhibit 1
Tracy City Council Findings for Resolution No.

The City Council findings related to approving the Development Review Permit for the Valpico Glenbriar Fence/Gates Project, Application Number D22-0005, are as follow:

1. The proposal increases the quality of the project site and enhances the property in a manner that therefore improves the property in relation to the surrounding area and the citizens of Tracy because the design of the proposed fences and gates include black tube steel, with decorative trim on the portion along Valpico Road, to be compatible with the character and quality of the site and vicinity; the modest height, five- and six-foot tall, fences and gates will help deemphasize their presence; the fence and gates are reasonably setback from the Valpico Road property line; the gate openings are sufficiently wide to provide for emergency vehicle access at driveways and accessibility at pedestrian gates; the vehicle gates will be constructed sufficiently deep into the site to provide for generous vehicle stacking at site entrances; and the fences and gates will help provide a sense of security for tenants and the property owner;

2. The City is improving pedestrian and vehicular connectivity in the area by widening Valpico Road (CIP 73190) which fronts the apartment site. Denizens of the apartment site will have increased mobility to access retail and other consumer services because the widening of Valpico Road includes the addition of sidewalks along the entire frontage of Valpico Road to Tracy Boulevard, and the Red Maple Village retail center;

3. Safety and security of the residents of the apartments, especially those residents with pets and small children who would utilize the planned open space features, would be increased by enclosing the site to potential wandering to nearby roadways;

4. The General Plan policies of the City are actively being discussed in terms of needing to be updated because they are more than 10 years old, and budget allocations have been made to begin the General Plan update process in 2023, which would review land use and development policies, including the appropriateness of policies related to gating residential developments; and

5. The inclusion of gates and fencing has been explained by the Tracy Police Department to be an effective environmental design feature to increase safety at apartment sites;

6. The height of the fence along the east, west, and north (west of Glenbriar Drive) property lines is six feet (instead of a taller height that could attract more attention);

7. The fence height along the Valpico Road frontage is a more discreet, five-foot height;

8. The fence is reasonably setback from the Valpico Road property line to deemphasize its appearance;

9. The clubhouse building is ‘used as a fence,’ in that the proposed perimeter fence will extend across the front of the site and connect to two corners of the clubhouse building, without being constructed across the front of the building, allowing the view of the building’s architecture to be unobstructed by a new fence;

10. The fences and gates will be constructed of decorative tubular steel, allowing free- through passage of vision and light.

The proposal conforms to Chapter 10.08, Zoning Regulations, of the Tracy Municipal Code, the Citywide Design Goals and Standards, City Standard Plans, and other City regulations, is consistent with the City Storm Drainage Master Plan, and is consistent with City Off-Street parking area landscape requirements (Tracy Municipal Code Section 10.08.3560).

Exhibit 2
City of Tracy
Conditions of Approval
City Council – December 6, 2022
Valpico Glenbriar Apartments Parking Lot Expansion and Fence/Gates Project Application Numbers D22-0013 and D22-0005
A. Genera
l Provisions and Definitions.

A.1. G
eneral. These Conditions of Approval apply to:

The Pro
ject: Valpico Glenbriar Apartments Parking Lot Expansion and Perimeter Fence/Gate Project, Development Review Permit Application Numbers and D22- 0013 and D22-0005.

The Property: The fence and gates will be built around the entire 11.63-acre Valpico Glenbriar Apartment site, 351 E. Valpico Road (Assessor’s Parcel Number 246- 140-23) that does not previously have a wood fence; and the parking lot expansion occurs on approximately 13,440 square feet of the current, vacant back yard of the single-family home at 2625 S. MacArthur Drive (Assessor’s Parcel Number 246-140-08).

A.2. Definitions.
a. “Appl
icant” means any person, or other legal entity, applying for a Development Review Permit.
b. “Ci
ty Engineer” means the City Engineer of the City of Tracy, or any other duly licensed Engineer designated by the City Manager, or the Development Services Director, or the City Engineer to perform the duties set forth herein. c. “Ci
ty Regulations” means all written laws, rules, and policies established by the City, including those set forth in the City of Tracy General Plan, the Tracy Municipal Code, ordinances, resolutions, policies, procedures, and the City’s Design Documents (including the Standard Plans, Standard Specifications, Design Standards, and relevant Public Facility Master Plans).
d. “Dev
elopment Services Director” means the Development Services Director of the City of Tracy, or any other person designated by the City Manager or the Development Services Director to perform the duties set forth herein. e. “Condi
tions of Approval” shall mean the conditions of approval applicable to the Project located at the Property. The Conditions of Approval shall specifically include all conditions set forth herein.
f. “Developer” means any person, or other legal entity, who applies to the City to divide or cause to be divided real property within the Project boundaries, or who applies to the City to develop or improve any portion of the real property within the Project boundaries. The term “Developer” shall include all successors in interest.

Conditions of Approval Exhibit 2
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 2 Application Numbers D22-0013 and D22-0005

g. “Police Chief” means the Chief of Police of the City of Tracy, or any other person designated by the City Manager or the Police Chief to perform duties set forth herein.

A.3. Payment of applicable fees. The applicant shall pay all applicable fees for the project, including, but not limited to, development impact fees, building permit fees, plan check fees, grading permit fees, encroachment permit fees, inspection fees, school fees, or any other City or other agency fees or deposits that may be applicable to the project.

A.4. Compliance with laws. The Developer shall comply with all federal, state and local laws, as amended from time to time, related to the development of real property within the Project, including, but not limited to:
• the Planning and Zoning Law (Government Code sections 65000, et seq.) • the California Environmental Quality Act (Public Resources Code sections 21000, et seq., “CEQA”), and
• the Guidelines for California Environmental Quality Act (California Administrative Code, title 14, sections 1500, et seq., “CEQA Guidelines”).

A.5. Compliance with applicable regulations. Unless specifically modified by these Conditions of Approval, the use shall comply with all City Regulations.

A.6. Prior to construction, the applicant shall submit construction documents which meet the requirements of the California Building and Fire Codes and the Tracy Municipal Code to the City of Tracy and the South San Joaquin County Fire Authority for review, approval and inspections.

B. Project Conditions of Approval

B.1. Prior to final inspection or occupancy, the project shall be established in substantial compliance with the plans (Sheets L1 thru L4 by Ripley Design Group and Sheet 1 of “Valpico Apartments Expanded Parking Area” plans by MacKay and Somps) received by the Development Services Department on September 13, 2022 to the satisfaction of the Development Services Director, including but not limited to the location of the fence and gates, five-foot height along the Valpico Road frontage, six-foot height elsewhere, and decorative metal design.

B.2. Prior to final inspection or occupancy, the expanded parking area shall be designed and constructed in compliance with City Regulations for landscape requirements for parking areas (Tracy Municipal Code Section 10.08.3560) and City Standard Plan 141.

B.3. Prior to installation of the gates or issuance of a building permit, applicant shall submit construction documents, plans, specifications and/or calculations to the Building Safety Division, which meet all requirements of Title 24 California Code of Regulations and City of Tracy Municipal Codes, as applicable. The plans shall include, and not be limited to, an egress analysis of all of the doors in case of an emergency to ensure that the proper amount of exit width is provided, in accordance with California Building Code Chapter 10. Note that additional doors or gates may be required.

Conditions of Approval Exhibit 2
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 3 Application Numbers D22-0013 and D22-0005
B.4. Prior to final inspection or occupancy, plans shall be submitted and all improvements shall be constructed in accordance with City and South San Joaquin County Fire Authority standards, demonstrating that all vehicle access gates meet the current California Fire Code 503.2.1 regarding unobstructed access width of not less than 20 feet to the satisfaction of the Fire Marshal.

B.5. P
rior to final inspection or occupancy, plans shall be submitted and all improvements shall be constructed in accordance with City and South San Joaquin County Fire Authority standards regarding emergency vehicle access, demonstrating compliance with California Fire Code Section 503.6 and the Tracy Municipal Code to the satisfaction of the Fire Marshal; and providing Police Department access to the satisfaction of the Police Chief.

C. Engineering Division Conditions of Approval
C.1. General Conditions
Devel
oper shall comply with the applicable sections of approved documents and/or recommendations of the technical analyses/reports prepared for the Project listed as follows:
1) Stor
m Water Drainage Technical Memorandum by Wood Rodgers dated July 20, 2022
C.2. R

ESERVED
C.3. RESERVED
C.4. Grading Permit
All
grading work (on-site and off-site) shall require a Grading Plan. All grading work shall be performed and completed in accordance with the recommendation(s) of the Project’s Registered Geotechnical Engineer. Prior to release of a Grading Permit, Developer shall provide all documents related to said Grading Permit required by the applicable City Regulations and these Conditions of Approval, to the satisfaction of the City Engineer, including, but not limited to, the following:

C.4.1 Devel
oper has completed all requirements set forth in this section.

C.4.2 Devel
oper has obtained the approval (i.e. recorded easements for slopes, drainage, utilities, access, parking, etc.) of all other public agencies and/or private entities with jurisdiction over the required public and/or private facilities and/or property. Written permission from affected owner(s) will be required to be submitted to the City prior to the issuance of the Grading Permit.

C.4.3 D
eveloper has obtained a demolition permit to remove any existing structure located within the Project’s limits.

C.4.4 A
ll existing on-site water well(s), septic system(s), and leech field(s), if any, shall be abandoned or removed in accordance with the City and San Joaquin County Conditions of Approval Exhibit 2
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 4 Application Numbers D22-0013 and D22-0005
requirements. Developer shall be responsible for all costs associated with the abandonment
or removal of the existing well(s), septic system(s), and leech field(s) including the cost of permit(s) and inspection. Developer shall submit a copy of written approval(s) or permit(s) obtained from San Joaquin County regarding the removal and abandonment of any existing well(s), prior to the issuance of the Grading Permit.

C.4.5
The Improvement Plans for all improvements to serve the Project (on-site and off-site) including the Grading and Drainage Plans shall be prepared in accordance with the City’s Subdivision Ordinance (Tracy Municipal Code (TMC) Chapter 12.36), City Design Documents as defined in Title 12 of the TMC, and these Conditions of Approval.

C.4.6
On-site Grading/Drainage Plans and Improvement Plans shall be prepared on a twenty-four (24) inch x thirty-six (36) inch size four (4) millimeter thick polyester film (mylar). These plans shall use the City’s Title Block. Improvement Plans shall be prepared under the supervision of, stamped and signed by a Registered Civil Engineer and Registered Geotechnical Engineer. Developer shall obtain all applicable signatures by City departments and outside agencies (where applicable) on the mylars including signatures by the Fire Marshal prior to submitting the mylars to Engineering Division for City Engineer’s signature.

Erosion control measures shall be implemented in accordance with the Improvement Plans approved by the City Engineer for all grading work. All grading work not completed before October 15 may be subject to additional requirements as applicable. Improvement Plans shall specify all proposed erosion control methods and construction details to be employed and specify materials to be used during and after the construction.

C.4.7
Payment of the applicable Grading Permit fees which include grading plan checking and inspection fees, and other applicable fees as required by these Conditions of Approval.

C.4.8
For Projects on property larger than one (1) acre: Prior to the issuance of the Grading Permit, Developer shall submit to the Utilities Department ([email protected]) one (1) electronic copy and one (1) hard copy of the Storm Water Pollution Prevention Plan (SWPPP) as submitted in Stormwater Multiple Applications and Reporting Tracker System (SMARTS) along with either a copy of the Notice of Intent (NOI) with the state-issued Wastewater Discharge Identification number (WDID) or a copy of the receipt for the NOI. After the completion of the Project, the Developer is responsible for filing the Notice of Termination (NOT) required by SWQCB, and shall provide the City, a copy of the completed Notice of Termination. Cost of preparing the SWPPP, NOI and NOT including the annual storm drainage fees and the filing fees of the NOI and NOT shall be paid by the Developer. Developer shall comply with all the requirements of the SWPPP, applicable Best Management Practices (BMPs) and the Stormwater Post-Construction Standards adopted by the City in 2015 and any subsequent amendment(s).

Conditions of Approval Exhibit 2
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 5 Application Numbers D22-0013 and D22-0005
For Projects on property smaller than one (1) acre: Prior to the issuance of the Gradi
ng Permit, the Developer shall submit to the Utilities Department ([email protected]) one (1) electronic copy and 1 hard copy of the City of Tracy Erosion and Sediment Control Plan (ESCP) for approval. Cost of preparing the ESCP including any annual storm drainage fees shall be paid by the Developer. Developer shall comply with all the requirements of the ESCP, applicable BMPs and the Post-Construction Stormwater Standards adopted by the City in 2015 and any subsequent amendment(s).

C.4.9 D
eveloper shall provide a PDF copy of the Project’s Geotechnical Report signed and stamped by a Registered Geotechnical Engineer. The technical report must include relevant information related to soil types and characteristics, soil bearing capacity, compaction recommendations, retaining wall recommendations, if necessary, paving recommendations, paving calculations such as gravel factors, gravel equivalence, etc., slope recommendations, and elevation of the highest observed groundwater level.

C.4.10 Minor Retaining – Developer shall use reinforced or engineered masonry blocks for retaining soil at property lines when the grade differential among the in-tract lots exceeds twelve (12) inches. Developer will include construction details of these minor retaining walls with the on-site Grading and Drainage Plan.

Developer may use slopes among the lots to address the grade differential but said slope shall not exceed a slope gradient of 3 (horizontal) to 1 (vertical) unless a California licensed geotechnical engineer signs and stamps a geotechnical report letter that supports a steeper slope gradient. Slope easements may be required and will be subject to approval by the City Engineer.

Minor Retaining along Project Perimeter – Developer shall use reinforced or engineered masonry blocks for retaining soil along the Project boundary and adjacent property(s) when the grade differential exceeds 12-inches. Developer will include construction details for these minor retaining walls with the on-site Grading and Drainage Plan. Developer may use slopes to address the grade differential but said slope shall not exceed a slope gradient of 3 (horizontal) to 1 (vertical). Slope easements may be subject to approval by the City Engineer and if adjacent and affected property(s) owner(s) grants said easements.

Slope
s are an acceptable option as a substitute to engineered retaining walls, where cuts or fills do not match existing ground or final grade with the adjacent property or public right of way, up to a maximum grade differential of two (2) feet, subject to approval by the City Engineer.

Slope
easements will be recorded, prior to the issuance of the Grading Permit.

The Developer shall be responsible to obtain and record slope easement(s) on private properties, where it is needed to protect private improvements constructed within and outside the Project, and a copy of the recorded easement document must be provided to the City, prior to the issuance of the Grading Permit.

Conditions of Approval Exhibit 2
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 6 Application Numbers D22-0013 and D22-0005
Walls - Developer shall show proposed retaining walls and masonry walls on the on-site Grading and Drainage Plan. The Developer is required to submit improvement plans, construction details, and structural calculations for retaining walls and masonry walls to Building and Safety. Retaining wall and masonry wall design parameters will be included in the geotechnical report.

C.4.11 Dev
eloper shall provide a copy of the approved Incidental Take Minimization Measures (ITMM) habitat survey [San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)] from San Joaquin Council of Governments (SJCOG).

C.4.
12 Developer shall provide a copy of the approved Air Impact Assessment (AIA) with an Indirect Source Review (ISR) from San Joaquin Valley Air Pollution Control District (SJVAPCD).

C.4.
13 Developer shall abandon or remove all existing irrigation structures, channels and pipes, if any, as directed by the City after coordination with the irrigation district, if the facilities are no longer required for irrigation purposes. If irrigation facilities including tile drains, if any, are required to remain to serve existing adjacent agricultural uses, the Developer will design, coordinate and construct required modifications to the facilities to the satisfaction of the affected agency and the City. Written permission from irrigation district or affected owner(s) will be required to be submitted to the City prior to the issuance of the Grading Permit. The cost of relocating and/or removing irrigation facilities and/or tile drains is the sole responsibility of the Developer.

C.4.14 If
the Project contains overhead utilities, the Developer shall underground existing overhead utilities such as electric, TV cable, telephone, and others.

Each dry utility shall be installed at the location approved by the respective owner(s) of dry utility and the Developer shall coordinate such activities with each utility owner. All costs associated with the undergrounding shall be the sole responsibility of the Developer and no reimbursement will be due from the City. Developer shall submit undergrounding plans.

C.4.
15 If at any point during grading that the Developer, its contractor, its engineers, and their respective officials, employees, subcontractor, and/or subconsultant exposes/encounters/uncovers any archeological, historical, or other paleontological findings, the Developer shall address the findings as required per the General Plan Cultural Resource Policy and General Plan EIR; and subsequent Cultural Resource Policy or mitigation in any applicable environmental document.

C.5. Building Permit
Pri
or to the release of a building permit within Project boundaries, the Developer shall demonstrate, to the satisfaction of the City Engineer, compliance with all required Conditions of Approval, including, but not limited to, the following:

Conditions of Approval Exhibit 2
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 7 Application Numbers D22-0013 and D22-0005
C.5.1 Devel oper has completed all requirements set forth in Condition C.1, through C.4, above.

C.5.2 D
eveloper pays the applicable development impact fees as required in the TMC, these Conditions of Approval, and City Regulations.

C.5.2
.a. Water. The Developer shall pay the water impact fees prior to pulling the first building permit for the Project.

C.5.2.b. Wastewater. The Developer shall pay the wastewater treatment capacity development Impact fees prior to pulling the first building permit for the Project.

C.5.3 Devel
oper has completed all requirements set forth in Condition C.8 C.5.4 P
rior to the release of any Building Permit, all construction activity will require a fully executed and recorded Deferred Improvement Agreement.

C.6 Acceptance of Glenbriar Drive Right-of-Way
Pri
or to the consideration of City Council’s acceptance of public improvements, the Developer shall demonstrate to the reasonable satisfaction of the City Engineer, completion of the following:

C.6.1 D
eveloper has satisfied all the requirements set forth in these Conditions of Approval.

C.6.2 Devel
oper submitted the Storm water Treatment Facilities Maintenance Agreement (STFMA) to the Utilities Department.

C.6.3 D
eveloper has satisfactory completed construction of all required/conditioned improvements. Unless specifically provided in these Conditions of Approval, or some other applicable City Regulations, the Developer shall use diligent and good faith efforts in taking all actions necessary to construct all public facilities required to serve the Project, and the Developer shall bear all costs related to construction of the public facilities (including all costs of design, construction, construction management, plan check, inspection, land acquisition, program implementation, and contingency).

C.6.4 Ce
rtified “As-Built” Improvement Plans (or Record Drawings). Upon completion of the construction by the Developer, the City, at its sole discretion, temporarily release the original mylars of the Improvement Plans to the Developer so that the Developer will be able to document revisions to show the "As-Built" configuration of all improvements.

C.6.5 D
eveloper shall be responsible for any repairs or reconstruction of street pavement, curb, gutter and sidewalk and other public improvements along the frontage of the Project, if determined by the City Engineer to be in poor condition or damaged by construction activities related to this Project and Conditions of Approval Exhibit 2
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 8 Application Numbers D22-0013 and D22-0005
Developer’s enclosure of the Glenbriar Drive right-of-way. Repairs shall be depicted on City approved improvement plans referenced in C.7 below.

C.6.6 D
eveloper has completed the ninety (90) day public landscaping maintenance period.

C.6.7 P
er Section 21107.5 of the California Vehicle Code, Developer shall install signs at all entrance(s) of the Project stating that the streets are privately owned and maintained and are not subject to the public traffic regulations or control. Said signs must be conspicuously placed, plainly visible, and legible during daylight hours from a distance of one hundred (100) feet.

C.6.8 S urvey Monuments – Any altered, damaged, or destroyed survey monuments and/or benchmarks shall be re-established. Developer shall submit centerline tie sheets or a record of survey for the following: new public streets; re-established survey monuments, and/or benchmarks. If the Developer destroyed, altered, and/or reconstructed any existing curb returns, Developer shall also submit corner records. Any survey document will be submitted the City and to the San Joaquin County Surveyor to comply with California Business and Professions Code Section 8771(c). Said work shall be executed by a California licensed Land Surveyor at the Developer’s sole expense.

Conditions of Approval Exhibit 2
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 9 Application Numbers D22-0013 and D22-0005
C.7. Improvement Agreement(s)
All
construction activity involving public improvements will require a fully executed improvement agreement (Off-site, Subdivision, and/or Inspection). Any construction activity involving public improvements without a fully executed improvement agreement is prohibited. All public improvements shall be performed and completed in accordance with the recommendation(s) of the Project’s Registered Civil Engineer.

Prior to the consideration of City Council’s approval of said improvement agreement, the Developer shall provide all documents related to said improvements required by the applicable City Regulations and these Conditions of Approval, to the satisfaction of the City Engineer, including, but not limited to, the following:

C.7.1 Improvement Plans for the Restoration of the Glenbriar Drive Right-of- Way shall be prepared on a twenty-four (24) inch x thirty-six (36) inch size four (4) millimeter thick mylar that incorporate all requirements described in the documents described in these Conditions of Approval, the City’s Design Documents as defined in Title 12 of the Tracy Municipal Code. Developer shall use the latest title block and, if necessary, contain a signature block for the Fire Marshal. Improvement Plans shall be prepared under the supervision of, and stamped and signed by a Registered Civil, Traffic, Electrical, Mechanical Engineer, and Registered Landscape Architect for the relevant work. Developer shall obtain all applicable signatures by City departments and outside agencies (where applicable) on the mylars including signatures by Fire Marshal to submitting the mylars to Engineering Division for City Engineer’s signature. The improvement plans shall be prepared to specifically incl
ude, but not be limited to, the following items:

C.7.
2 All existing and proposed utilities such as domestic water line, irrigation service, fire service line, storm drain, and sanitary sewer, including the size and location of the pipes.

C.7.3 A
ll supporting engineering calculations, materials information or technical specifications, cost estimate, and technical reports. All improvement plans shall contain a note stating that the Developer (or Contractor) will be responsible to preserve and protect all existing survey monuments and other survey markers such as benchmarks.

C.7.4 A
PDF copy of the Project’s approved Geotechnical/Soils Report that was prepared for the grading permit submittal.

C.7.5(a) Storm Water - The Project’s on-site storm water drainage connection to the City’s storm water system shall be approved by the City Engineer.

Drainage calculations for the sizing of the on-site storm drainage system.

Improvement Plans to be submitted with the hydrology and storm water.

C.7.
5(b) Storm drainage release point is a location at the boundary of the Project adjacent public right-of-way where storm water leaves the Property, in a storm event and that the Property’s on-site storm drainage system fails to function or it is clogged. Site grading shall be designed such that the Project’s storm drainage overland release point will be directly to an Conditions of Approval Exhibit 2
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 10 Application Numbers D22-0013 and D22-0005
adjacent public street with a functional storm drainage system and the existing storm drainage line has adequate capacity to drain storm water from the Property. The storm drainage release point is recommended to be at least 0.70-feet lower than the building finish floor elevation and shall be designed and improved to the satisfaction of the City Engineer.

C.7
.5(c) As recommended in the Storm Water Drainage Memorandum, the minimum finished floor elevation shall be a minimum of 40.49 feet C.7.
5(d) The Project’s permanent storm drainage connection(s) shall be designed and constructed in accordance with City Regulations. The design of the permanent storm drainage connection shall be shown on the Grading and Drainage Plans with calculations for the sizing of the storm drain pipe(s), and shall comply with the applicable requirements of the City’s storm water regulations adopted by the City Council in 2012 and any subsequent amendments.

C.7.
5(e) The storm water treatment system shall be located on private property and shall be at least off-set from the right-of-way by one (1) foot.

C.7.6(a
) Sanitary Sewer - It is the Developer’s responsibility to design and construct the Project’s permanent on-site sanitary sewer (sewer) improvements including the Project’s sewer connection in accordance with the City’s Design Standards, City Regulations and Standard Specifications. Sewer improvements shall include but not limited to, replacing asphalt concrete pavement, reconstructing curb, gutter and sidewalk, restoring pavement marking and striping, and other improvements that are disturbed as a result of installing the Project’s permanent sewer connection. Developer shall submit improvement plans that include the design of the sewer line from the Property to the point of connection.

C.7.
6(b) Developer is hereby notified that the City will not provide maintenance of the sewer lateral within the public right-of-way unless the sewer cleanout is located and constructed in conformance with Standard Plans. The City’s responsibility to maintain on the sewer lateral is from the wye/onsite sewer manhole at the right-of-way line/property line/wye fitting to the point of connection with the sewer main.

C.7.7(a) Water Distribution - Developer shall design and construct domestic and irrigation water service that comply with the City Regulations. Water line sizing, layout and looping requirements for this Project shall comply with City Regulations. During the construction of the Project, the Developer is responsible for providing water infrastructure (temporary or permanent) capable of delivering adequate fire flows and pressure appropriate to the various stages of construction and as approved by the Fire Marshal.

C.7.
7(b) Interruption to the water supply to the existing businesses and other users will not be allowed to facilitate construction of improvements related to the Project. Developer shall be responsible for notifying business owner(s) Conditions of Approval Exhibit 2
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 11 Application Numbers D22-0013 and D22-0005
and users, regarding construction work. The written notice, as approved by the Ci
ty Engineer, shall be delivered to the affected residents or business owner(s) at least seventy-two (72) hours before start of work. Prior to starting the work described in this section, the Developer shall submit a Work Plan acceptable to the City that demonstrates no interruptions to the water supply, and Traffic Control Plan to be used during the installation of the off-site water mains and connections.

C.7
.7(c) The Project’s water service connections shall use a remote-read (radio- read) master water meter (the water meter to be located within City's right-of-way) and a Reduced Pressure Type back -flow protection device in accordance with City Regulations. The domestic and irrigation water service connection(s) must be completed before the inspection of the building. The location of the meters shall be approved by the City Engineer.

C.7.
7(d) After final inspection of the improvements constructed via an encroachment permit, repair and maintenance of the water service from the water meter to the point of connection with the water distribution main in the street shall be the responsibility of the City. Water service repairs after the water meter is the responsibility of the Developer or individual lot owner(s).

C.7
.7(e) Prior to improvement acceptance, repair and maintenance of all on -site water lines, laterals, sub -water meters, valves, fittings, fire hydrant and appurtenances shall be the responsibility of the Developer or the individual lot owner(s).

C.7.7
(f) All costs associated with the installation of the Project’s water connection(s) including the cost of removing and replacing asphalt concrete pavement, pavement marking and striping such as crosswalk lines and lane line markings on existing street or parking area(s) that may be disturbed with the installation of the permanent water connection(s), or domestic water service, and other improvements shall be paid by the Developer.

C.7.8(a) Streets – The Developer shall construct frontage improvements. Frontage improvements include but are not limited to the following: curb, gutter, sidewalk, street widening, landscaping, street lighting, undergrounding of overhead utilities and other improvements. All streets and utilities im
provements within City right-of-way shall be designed and constructed in accordance with City Regulations, and City’s Design Standards including the City’s Facilities Master Plan for storm drainage, roadways, wastewater, and water as adopted, amended, and updated by the City, or as otherwise specifically approved by the City.

C.7.8(b) Valpico Road
The Tracy Transportation Master Plan (TMP) classifies Valpico Road as a four-lane divided arterial which would require a minimum of ninety-seven (97) feet of right of way at ultimate buildout. Prior to the release of the Conditions of Approval Exhibit 2
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 12 Application Numbers D22-0013 and D22-0005

grading permit, the Developer shall dedicate right of way along the Project frontage, excluding the Public Utility Easement (P.U.E.). In addition, the Developer shall record a ten (10) foot wide P.U.E. immediately behind the new property line.

C.7.8(c) Developer shall install green bike lane striping on Valpico Road along the project frontage.

C.7.8(d) Developer shall install audible pedestrian crossing at the existing traffic signal at Glenbriar Drive and Valpico Road.

C.7.8(e) Developer shall install a barricade at the westerly edge of the proposed sidewalk.

C.7.8(f) Along the Project frontage, if applicable, Developer shall landscape and irrigate the existing parkways per current adopted City landscape standards. Landscape and irrigation plans shall be prepared on a 24-inch x 36-inch size 4-millimeter thick mylar that incorporate all requirements described in the documents described in these Conditions of Approval, the City’s Design Documents as defined in Title 12 of the Tracy Municipal Code. Developer shall use the latest title block. Said landscape and irrigation plan shall be prepared by a California licensed landscape architect. Developer can either protect-in-place the existing sidewalk and repair any cracked, settled, and/or damaged sidewalk or remove and replace the sidewalk so long as the replacement sidewalk is similar to the current sidewalk, i.e. similar width, meanders, etc.

C.7.8(g) Overhead Utilities along Project frontage shall be placed underground.

C.7.8(h) Street cuts and trenching related to utility installation on Valpico Road shall be subject to Condition C.8.1

C.7.8(i) Glenbriar Drive
Prior to the release of the grading permit, Developer shall enter into a Deferred Improvement Agreement (DIA) to be recorded against the parcels included in the Project. Said DIA will insure the future public right- of-way associated with Glenbriar Drive is repaired and restored when Glenbriar Drive is open to the public. Developer shall prepare improvements if deemed necessary by the City.

C.7.8(j) Easterly Vehicle Gate
Prior to the release of the grading permit, Developer shall install directional striping to assist in turn movements.

C.7.9 Joint Trench Plans and Composite Utility Plans, prepared on a twenty-four (24) inch x thirty-six (36) inch size four (4) millimeter thick mylar for the installation of dry utilities such as electric, gas, TV cable, telephone, and others that will be located within the twenty-four (24) feet wide to forty-six (46) feet wide [the width varies) PUE to be installed to serve the Project.

Conditions of Approval Exhibit 2
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 13 Application Numbers D22-0013 and D22-0005
All private utility services to serve Project must be installed underground or reloc
ated to be underground, and to be installed at the location approved by the respective owner(s) of the utilities from the street or an existing or proposed utility easement to the building(s). If necessary, the Developer shall dedicate ten (10) feet wide PUE for access to these new utilities for re-installation, replacement, repair, and maintenance work to be performed by the respective utility owner(s) in the future.

C.7.
10 Signed and stamped Engineer’s Estimate that summarizes the cost of constructing all the public improvements shown on the Improvement Plans. The cost estimate shall show the cost of designing the public improvements.

Paym
ent of applicable fees required by these Conditions of Approval and City Regulations, including but not limited to, plan checking, grading and encroachment permits and agreement processing, construction inspection, and testing fees. The engineering review fees will be calculated based on the fee rate adopted by the City Council on September 2, 2014, per Resolution 2014-141 and on May 16, 2017, per Resolution 2017-098.

Developer shall submit payment in the form of a check for the aforementioned fees.

C.7.11 Traffic Control Plan - Prior to starting the work for any work within City’s right-of-way, the Developer shall submit a Traffic Control Plan (TCP). TCP can be split among the different construction phases. TCP will show the method and type of construction signs to be used for regulating traffic at the work areas within these streets. TCP shall conform to the Manual on Uniform Traffic Control Devices as amended by the State of California, latest edition (MUTCD-CA). TCP shall be prepared under the supervision of, signed and stamped by a Registered Civil Engineer or Registered Traffic Engineer.

C.7.12 Access and Traffic Circulation to Existing Businesses/Residents - Developer shall take all steps necessary to plan and construct site improvements such that construction operations do not impact safety and access (including emergency vehicles) to the existing businesses and residents throughout the duration of construction. Developer shall coordinate with the owners and cooperate to minimize impacts on existing businesses. All costs of measures needed to provide safe and functional access shall be borne by the Developer.

C.7.
13 No street trench shall be left open, uncovered, and/or unprotected during night hours and when the Developer’s contractor is not performing construction activities. Appropriate signs and barricades shall be installed on the street and on all trenches during such times. If the Developer or its contractor elects to use steel plates to cover street trenches, said steel plates will be skid-resistance, and shall be ramped on all sides. Ramps will be a minimum two-foot wide and will run the entire length of each side.

Conditions of Approval Exhibit 2
Valpico Glenbriar Apartments Parking Expansion and Fence/Gates Project Page 14 Application Numbers D22-0013 and D22-0005

C.7.14 If at any point during utility installation or construction in general that the Developer, its contractor, its engineers, and their respective officials, employees, subcontractor, and/or subconsultant
exposes/encounters/uncovers any archeological, historical, or other paleontological findings, the Developer shall address the findings as required per the General Plan Cultural Resource Policy and General Plan EIR; and subsequent Cultural Resource Policy or mitigation in any applicable environmental document.

C.7.15 I
mprovement Security - Developer shall provide improvement security for all public facilities, as required by the Improvement Agreement. The form of the improvement security may be a bond, or other form in accordance with the Government Code, and the TMC. The amount of the improvement security shall be in accordance with Title 12 of the TMC.

C.7.16 Insurance – Developer shall provide written evidence of insurance coverage that meets the terms of the Improvement Agreement.

C.8 Special Conditions

C.8.1 When street cuts are made for the installation of utilities, the Developer shall conform to Section 3.14 of the 2020 Design Standards and is required install a two (2) inch thick asphalt concrete (AC) overlay with reinforcing fabric at least twenty-five (25) feet from all sides of each utility trench. A two (2) inch deep grind on the existing AC pavement will be required where the AC overlay will be applied and shall be uniform thickness in order to maintain current pavement grades, cross and longitudinal slopes. This pavement repair requirement is when cuts/trenches are perpendicular and parallel to the street’s direction.

C.8.2 Nothing contained herein shall be construed to permit any violation of relevant ordinances and regulations of the City of Tracy, or other public agency having jurisdiction. This Condition of Approval does not preclude the City from requiring pertinent revisions and additional requirements to the improvement plans, prior to the City Engineer’s signature on the improvement plans, and prior to issuance of Grading Permit, Encroachment Permit, Building Permit, if the City Engineer finds it necessary due to public health and safety reasons, and it is in the best interest of the City. The Developer shall bear all the cost for the inclusion, design, and implementations of such additions and requirements, without reimbursement or any payment from the City.

C.8.3 Prior to the release of the Building Permit, if water is required for the Project, the Developer shall obtain an account for the water service and register the water meter with the Finance Department. Developer shall pay all fees associated with obtaining the account number for the water service.

December 6, 2022
Agenda Item 1.P
RECOMM

ENDATION
Staff recommends City Council approve the Offsite Improvement Agreement between City, Woodside 05N, LP, and Surland Communities, LLC for the construction of Detention Basin 3A.

EXECUTIVE SUMMARY
Approval of the Offsite Improvement Agreement will allow Woodside 05N, LP (Developer) to proceed with the construction of Detention Basin 3A and all associated improvements related to the development of Detention Basin 3A on approximately 16 acres, located at north of Valpico Road and approximately 1,500 feet west of Corral Hollow Road (Project). Surland Communities, LLC is also party to this agreement and will serve as the Project Developer for the purposes of credit and reimbursement only.

BACKGROUND AND LEGISLATIVE HISTORY
On April 16, 2013, The City adopted Citywide Storm Drainage Master Plan per City Council Resolution No. 2013-056. As described in Storm Drainage Master Plan, Basin 3A is a regional Storm Drainage Basin located north of Valpico Road between Lammers Road and Corral Hollow Road to serve the Ellis Specif ic P lan area and surrounding areas (including Avenues). On March 29, 2022, the Tracy City Council approved t he Vesting Tentative Subdivision Map Application (TSM21-0001) for Tract 3883 Avenues – Ellis Specific Plan, per Resolution No. 2022-035. As noted in the Conditions of Approval for Tract 3883 Avenues, the Developer is responsible for the construction of Detention Basin 3A and all associated improvements. The construction of Detention Basin 3A improvements that are the subject of the Offsite Improvement Agreement between the City of Tracy, the Woodside 05N, LP, and Surland Communities, LLC and the said improvements will be funded and performed by the Woodside 05N,
LP.

ANALYSIS
On April 18, 2013, The City and Surland Communities, LLC entered into an Amended and Restated Development Agreement. On July 3, 2014, The First Amendment to the Development
Agreement was executed by the City and Surland (Ordinance 1194). On May 3, 2018,
the City and Surland executed the Second Amendment to Development Agreement (Ordinance 1253). The Developer, Woodside 05N, LP, is an assignee of Surland’s rights and obligations
set for in the Amended and Restated Development Agreement.

On May 18, 2018, a lawsuit was filed against the City (as Respondent and Defendant) and Surland (as
Real Party in Interest) challenging the legality of Ordinance 1253 and the 2018 Second Amendment. On September 30, 2020, the San Joaquin County Superior Court entered
Judgment for Plaintiff and against the City and Surland, and issued a Peremptory Writ of Mandate (Mitracos v. City of Tracy, et al., San Joaquin County Superior Court Case Agenda Item 1.P
December 6, 2022

No. STK- CV-UWM-2018-5531), which, among other things, required the City to rescind the 2018 Second Amendment and Ordinance 1253, stop implementing any aspects of the 2018 Second Amendment, and unwind any prior actions taken by the City pursuant to the 2018 Second Amendment.

Based
on a thorough investigation, the City has concluded that this Agreement is unrelated to the 2018 Second Amendment and can be processed for approval.

Imp
rovement plans and specifications, which describe in more detail the improvements which are required under the subject OIA, were prepared on behalf of the Developer and have been approved by the City Engineer.

The Devel
oper and Project Developer have executed the Offsite Improvement Agreement and has submitted the required security to guarantee the completion of the subject improvements. The Offsite Improvement Agreement and associated Improvement Plans are on file with the City Engineer.

FISC

AL IMPACT
There wi
ll be no impact to the General Fund. The construction of Detention Basin 3A improvements that are the subject of the Offsite Improvement Agreement between the City of Tracy and the Woodside 05N, LP and therefore the said improvements will be funded and performed by the Woodside 05N, LP. The Developer has paid the applicable engineering review fees which include the cost of the inspection and processing of the Offsite Improvement Agreement.

PUBLI

C OUTREACH/ INTEREST
No public out
reach is necessary.

COORDINATION
Preparation of this item involved coordination between Development Services Department, Public Works Department, City Manager’s Office, and City Attorney’s Office.

CEQA DE

TERMINATION
The pro
ject is consistent with the development evaluated in the Avenues Specific Plan Mitigated Negative Declaration (titled “Final Initial Study/Mitigated Negative Declaration Environmental Checklist”), bearing the State Clearing House Number 20180702045, adopted by the City Council on September 4, 2018 by Resolution 2018-180. Therefore, under Government Code Section 65457 and Section 15182 of the CEQA Guidelines, the project is exempt from further environmental review unless an event described in Section 15162 of the CEQA Guidelines occurs. Staff has determined that none of the events described in Section 15162 have occurred with respect to the project. Therefore, the Project is exempt from CEQA environmental review under Government Code Section 65457 and CEQA Guidelines Section 15182.

Agenda Item 1.P
December 6, 2022

STRATEGIC PLAN
This agenda item is consistent with the Council approved Economic Development Strategy to ensure physical infrastructure necessary for development.

ACTION REQUESTED OF THE CITY COUNCIL
That the Tracy City Council, by resolution, approves the Offsite Improvement Agreement between City, Woodside 05N, LP, and Surland Communities, LLC for the construction of Detention Basin 3A.

Prepared by: Al Gali, Associate Engineer
Reviewed by: Kris Balaji, PMP, PE, Development Services Director Sara Cowell, Finance Director
Midori Lichtwardt, Assistant City Manager
Approved by: Michael Rogers, City Manager

ATTACHMENTS
Attachment A – Vicinity Map
Attachment B – Offsite Improvement Agreement
Attachment A

Attachment B

CITY OF TRACY - OFFSITE IMPROVEMENT AGREEMENT
OFF-SITE DETENTION BASIN 3A

PUBLIC IMPROVEMENTS

2.1. Credits for Storm Drainage Fees. Upon full execution and delivery of this Agreement and provision of the Improvement Security described in Section 4, Project Developer shall be eligible for fee credits against Project Developer's obligation to pay the City's Storm Drainage Fees in the amount of $900,797.27. The associated program management fee shall continue to be paid in accordance with Applicable Law.

2.2 Evidenced by the execution of this Agreement, Developer acknowledg es and agrees that the fee credits accruing under Section 2.1 shall be, fully, · for the benefit of Project Developer, and Developer hereby fully assigns to Project Developer any rights and title to such fee credits Developer may have.

3. Time Of Performance. Time is of the essence in the performance of the Work, and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Developer shall submit all requests for extensions of time to the City, in writing, no later than ten (10) days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due.

4. 3.1. Commencement of Work. No later than fifteen (15) days prior to the commencement of Work, Developer shall provide written notice to the City Engineer of the date on which Developer intends to commence Work.

Developer shall not commence Work until after the notice required by this section is properly provided, and Developer shall not commence Work prior to the date specified in the written notice.

3.2. Schedule of Work. Concurrently with the written notice of commencement of Work, Developer shall provide the City with a written schedule of Work, which shall be updated in writing as necessary to accurately reflect Developer's prosecution of the Work.

3.3. Completion of Work. Developer shall complete all Work no later than three hundred sixty-five (365) calendar days after Developer's submittal of its notice of commencement of Work pursuant to Section 2.1 above.

Improvement Security. Concurrently with the execution of this Agreement, and prior to the commencement of any Work, Developer shall furnish contract security, in a form authorized by the Subdivision Map Act (including Government Code Sections 66499 et seq.) and Tracy Municipal Code Section 12.36.080, in the following amounts:

4.1. Faithful Performance security in the amount of$ 3,410,000.00 to secure faithful performance of this Agreement.

APPROVED AS TO FORM AND LEGALITY
________________________
CIT
Y ATTORNEY’S OFFICE
TRAC

Y CITY COUNCIL
RES
OLUTION 2022-_____
APPRO

VING THE OFFSITE IMPROVEMENT AGREEMENT BETWEEN CITY,
WOODSIDE 05N, LP AND SURLAND COMMUNITIES, LLC FOR THE
CONSTRUCTION OF DETENTION BASIN 3A
WHER
EAS, on April 16, 2013, The City adopted Citywide Storm Drainage Master Plan with City Council Resolution No. 2013-056; and
WHER
EAS, Basin 3A is identified in Storm Drainage Master Plan as a regional Storm Drainage Basin intended to serve the Ellis Specific Plan area and surrounding areas (including Avenues); and
WHER
EAS, the Vesting Tentative Subdivision Map Application (TSM21-0001) for Tract 3883 Avenues – Ellis Specific Plan (“Project”) was approved on March 29, 2022 by the Tracy City Council (Resolution No. 2022-035); and
WHER
EAS, Surland Communities, LLC is also party to the agreement as Project Developer for the purposes of credit and reimbursement only; and WHERE
AS, on April 18, 2013, The City and Surland Communities, LLC (“Surland”) entered into an Amended and Restated Development Agreement. On July 3, 2014, The First Amendment to the Development Agreement was executed by the City and Surland (Ordinance 1194). On May 3, 2018, the City and Surland executed the Second Amendment to Development Agreement (Ordinance 1253); and
WHERE
AS, on May 18, 2018, a lawsuit was filed against the City (as Respondent and Defendant) and Surland (as Real Party in Interest) challenging the legality of Ordinance 1253 and the 2018 Second Amendment. On September 30, 2020, the San Joaquin County Superior Court entered Judgment for Plaintiff and against the City and Surland, and issued a Peremptory Writ of Mandate (Mitracos v. City of Tracy, et al., San Joaquin County Superior Court Case No.

STK-CV-UWM-2018-5531), which, among other things, required the City to rescind the 2018 Second Amendment and Ordinance 1253, stop implementing any aspects of the 2018 Second Amendment, and unwind any prior actions taken by the City pursuant to the 2018 Second Amendment; and
WHERE
AS, based on a thorough investigation, the City has concluded this Agreement is unrelated to the 2018 Second Amendment; and
Resolution 2022-_____

WHEREAS, the project is consistent with the development evaluated in the Avenues Specific Plan Mitigated Negative Declaration, bearing the State Clearing House Number 20180702045, adopted by City Council on September 4, 2018, by Resolution 2018-180; and WHEREA
S, per Conditions of Approval for Tract 3883 Avenues Subdivision, the Developer is responsible for the construction of Detention Basin 3A and all associated improvements; and
WHEREA
S, Developer has submitted, and the City Engineer has approved, those certain improvement plans and specifications relating to the construction of Detention Basin 3A; and
WHEREA
S, the Developer has executed the OIA and has posted the required securities to guarantee completion of the improvements; and
WHEREA
S, upon completion of all improvements, the City will accept the improvements; and
WHEREA
S, the construction of Detention Basin 3A improvements that are the subject of the Offsite Improvement Agreement between the City of Tracy and the Woodside 05N, LP, and the said improvements will be funded and performed by the Woodside 05N, LP; and WHEREA
S, there will be no impact to the General Fund. The Developer will pay for construction of Detention Basin 3A improvements and for the cost of inspection and processing the agreement; now, therefore, be it

RESOLVED
: That the City Council of the City of Tracy hereby approves the Offsite Improvement Agreement between City, Woodside 05N, LP, and Surland Communities, LLC for the construction of Detention Basin 3A.
* * * * *
* * * * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on the 6th day of December 2022 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: CO
UNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
_________________________________________
NANCY
D. YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council
of the
City of Tracy, California
December 6, 2022
Agenda Item 3.A

RECOMMENDA
TION
Staff recommends that the City Council receive the annual report by the Measure V Residents' Oversight Committee presenting their findings regarding the use of Measure V funds.

EXECUTIVE SUMMARY
The Measure V Residents’ Oversight Committee (“Committee”) was created by section

6.28.170 of Ordinance 1223 which became effective when the Tracy Electorate approved Measure V on November 8, 2016. Section B of the Committee’s Bylaws require the Committee’s findings to be presented annually in a written report to the City Council.

BACKGROUND AND LEGISLATIVE HISTORY
On July 19, 2016, the City Council adopted Resolution 2016-156, authorizing a one-half cent transactions and use (sales) tax measure (Measure V) f or twenty years to be placed on the November 8, 2016, ballot. On August 16, 2016, the Council adopted Ordinance 1223 imposing a transaction and use tax to be administered by the Stat e Board of Equalization, if Measure V were approved. On November 8, 2016, Tracy residents approved Measure V with 63.67% of the vote. Section 6.28.170 of Ordinance 1223 provides that the Council shall establish a five membe
r Residents’ Oversight Commi ttee no later than March 1, 2017, to review the expenditure of the revenue generated by, and expenses related t o, t he transactions and use tax.

O
n February 7, 2017, the City Council adopted Resolution 2017-026 approving the Bylaws of the Measure V Residents’ Oversight Committee. Section B of the Committee’s Bylaws require the Committee’s findings to be presented annually in a written report to the City Council. The role
of the Oversight Committee is to review the independent financial audit of the City that includes revenue rai sed by Measure V and other financial reports necessary to advise the City Council of its findings and make recommendations during the term of the Committee. The Committee will present an annual written report documenting its findings to the City Council in August of
each year or when reasonably possible thereafter based upon availability of data needed for the annual written report.

ANALYSIS
Because of the pandemic and vacancies on the committee, the last annual report to Council was presented
on September 18, 2018. This evening’s presentation will bring the committee’s reports current as o f June 30, 2022, as demonstrated by the attached Measure V Oversight Comm
ittee Annual Report.

FISCAL IMPACT
Staff costs related to support of the Measure V Residents’ Oversight Commi ttee are included in the Finance Department General Fund budget.

Agenda Item 3.A
December 6, 2022

STRATEGIC PLAN
This agenda item supports the City’s Governance Strategic Priority, with Goal 1: Model Good Governance,
Teamwork, and Transparency.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council receive the annual report as presented by the Measure V Residents' Oversight Committee presenting their findings regarding the use of Measure V funds.

Prepared by: Felicia Galindo, Budget Officer
Reviewed by: Sara Cowell, Finance Director
Karin Schnaider, Assistant City Manager
Approved by: Michael Rogers, City Manager
Attachments:
• Attachment A - Measure V Oversight Committee Annual Report 2022 Annual Report
Measure V Resident’s Oversight Committee
December 6, 2022

ATTACHMENT A
2 Measure V
Residents' Oversight Committee
• Measure V approved by voters in November 2016
elec
tion
• ½ percent local sales tax measure
• 20-year duration with sunset in 2037
• Measure V sales tax revenues
• $13 M in FY 2022
• $59.4 M since implementation in FY 2017
3 Commitment of Measure V funds
Residents' Oversight Committee
Completed
• Senior Center $1M
• Renovation Completed 2020
• Legacy Fields $11.9M
• Phase 1C Completed 2019
• Phase 1D Completed 2020
• Small Business Relief Grant $.5M
4 Commitment of Measure V funds
Residents' Oversight Committee
Current & On-Going
• Operations and Maintenance for amenities:
$40M
• Aquatic Center: $55M
• Multigenerational facility: $31M
• Legacy Fields Phase 1E: $21M (Bonds)
• Nature Park: $1M
• Ritter Family Ball Park $3M
Committed Funding
5 $55,000,000
Aquatic Center
$500,000
Small Business Relief
Grant
$40,000,000
Operations &
Maintenance
$950,000
Senior Center
$31,000,000
Multi Gen
Recreation Center
$1,000,000
Nature Park
$32,895,668
Legacy Fields
$3,000,000
Ritter Family Ball
Park
Measure V
Residents' Oversight Committee
6 0
50 100
150
200
250
300
350
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 Measure V Revenue
(millions)
Fiscal Year Ending
Committed Funds $164M
Actual $59M
Estimated
Lifetime
$299M
Measure V
Residents' Oversight Committee
2 9
11 11
14 13
3 6
3 2
4 2
6 5
8 12 12
0 2
4 6
8 10
12 14
16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22
(Millions)
Fiscal Years
Measure V Revenue & Expenditures as of June 30, 2022
Revenues
Expenditures
Fund Balance Change
Measure V
Residents' Oversight Committee
Recommendations
• Measure Funds Accumulating to receive interest
• Accept Annual Report from the committee
8 December 6, 2022
Agenda Item 3.B

RECOMMENDATION
Staf
f recommends that the City Council adopt an Ordinance: 1) repealing the 2019 edition of the California Building Code, Fire Code, Mechanical Code, Plumbing Code, Energy Code, Residential Code, Existing Building Code, Green Standards Building Code, and the Historic Building Code, all codified under Tracy Municipal Code Title 9; 2) making findings to substantiate modifications to the 2022 California Building Codes and Standards, due to local climatic, geological or topographical conditions; 3) adopting, with local amendments, the 2022 California Building Codes and Standards, and codifying the same as Tracy Municipal Code Title 9; 4) adopting Appendices C, F, H, I, K, P under the California Building Code, Appendices D and G under the Mechanical Code, Appendices A, B, C, D, E, G, H, I, J and K under the Plumbing Code, Appendices H, I, O, R, S, W, Y, Z under the Residential Code, Appendix A under the Historical Building Code, and Appendices B, BB, C, CC, D, F, H, L, N, and O under the Fire Code, and codifying the same as Tracy Municipal Code Title 9; and 5) adopting California Environmental Quality Act Exemption Findings.

EXECUTIVE SUMMARY
The 2022 California Building and Fire Codes are mandated to be enforced throughout California six months after publication regardless of the local adoption process. The state-mandated effective date of local enforcement occurs on January 1, 2023. State law known as the California Building Standards Law (Health and Safety Code, Division 13, Part 2.5, commencing with Section 18901) establishes CBSC and governs how building standards are created with oversight by CBSC.

Howev
er, to enforce necessary local amendments, adopt certain appendices to the Building Codes, update and contemporize administrative provisions, antiquated codes and references, modifications to Title 9 of the Tracy Municipal Code (TMC) are requested at this time.

BACKGROUND AND LEGISLATIVE HISTORY
The Cali
fornia Building Standards Commission (CBSC) publishes triennial editions of the California Code of Regulations (CCR), Title 24, also known as the California Building Standards Code. On July 1, 2022, the CBSC published the 2022 edition of the California Building Standards Code. The 2022 California Building Standard Codes will apply to any building or structure for which an application for a building permit is made on or after January 1, 2023. The California Building Code (CBC), the California Residential Code (CRC) and the California Existing Building Code (CEBC) are based on the 2021 International model codes published by the International Code Council, while the California Mechanical Code (CMC) and the California Plumbing Code (CPC) continue to be based on the 2021 Uniform model codes published by the International Association of Plumbing and Mechanical Officials.

On Nov
ember 5, 2019, City Council adopted the 2019 version of the California Building Code Standards. Subsequently, the City Clerk was directed to submit the ordinance to the California Building Standards Commission for filing pursuant to CBSC requirements.

Agenda Item 3.B
December 6, 2022

In conjunction with the CBC, the CEC is based on t he 2021 National Electrical Code, published by the National Fire Protection Association. The California Historical Building Code (CHBC), the CEBC and CALGreen are developed and published by the CBSC. Building Energy Efficiency Standards developed and published by the California Energy Commission.

The State of California allows local municipalities to modify the state-adopted building standards to make them more restrictive (not less), provided certain express findings are made that the proposed modifications are necessary due to special local climatic, geological, or topographical conditions that can affect the health, welfare, and safety of local residents.

The building related codes that will be adopted in the proposed ordinance are:
• 2022 Cal
ifornia Building Code - CCR Title 24 Part 2
• 2022 California Residential Code - CCR Title 24 Part 2.5 • 2022 California Electrical Code - CCR Title 24 Part 3 • 2022 California Mechanical Code - CCR Title 24 Part 4 • 2022 California Plumbing Code - CCR Title 24 Part 5
• 2022 California Historical Building Code - CCR Title 24 Part 8 • 2022 California Existing Building Code - CCR Title 24 Part 10 These codes provide minimum requirements and standards for the protection of life, limb, health, property, safety and welfare of the general public, owners and occupants of buildings.

The California Health and Safety Code sections 17922, 17958, 17958.5 and 17958.7 requires cities to enforce the most recent editions of the California Codes. As such, the 2022 California Codes are required by the State to be enforced beginning January 1, 2023.

Howev
er, local agencies can adopt appendices that are not uniformly required but are supported by findings. In addition to the mandated 2022 California Codes mentioned above, City staff recommends adopting of certain appendices. This approach was also taken in 2019, as well as previous adoptions of the California Building Code. Once the Ordinance is adopted, the City Clerk is directed to submit this ordinance to the California Building Standards Commission for filing.

The foll
owing list of California Codes and corresponding appendices are recommended for adoption:
• 2022 C
alifornia Building Code: Appendices C, F, H, I, K, P
• 2022 California Electrical Code: No appendices to be adopted • 2022 California Mechanical Code: Appendices D and G
• 2022 California Plumbing Code: Appendices A, B, C, D, E, G, H, I, J and K • 2022 California Energy Code: No appendices to be adopted • 2022 California Residential Code: Appendices H, I, O, R, S, W, Y, Z • 2022 California Historical Building Code: Appendix A Agenda Item 3.B
December 6, 2022

• 2022 California Existing Building Code: No appendices to be adopted • 2022 California Green Building Standards Code: No appendices to be adopted • 2022 California Fire Code: Appendices B, BB, C, CC, D, F, H, L, N, and O The list below identifies all the appendices recommended for approval and clarifies the reason for recommendation.

Recommended Appendices for Local Adoption
Califo
rnia Building Code
• 2022 CB
C Appendix C; gives specific requirements and definitions related to agricultural buildings wherever such exist within the city limits • 2022 CBC Appendix F; gives specific requirements enabling rodent-proofing • 2022 CBC Appendix H; provides requirements for unique construction aspects of commercial signage
• 2022 CBC Appendix I; provides standards for the construction of residential patio covers when not designed and constructed per the CRC.
• 2022 CBC Appendix K; provides state-mandated requirements for the Central Valley Flood Protection Plan within the 200-year flood plain for Group R-3 and R-

3.1 occupancies designed and constructed under the CBC. 2022 CBC Appendix P; provides construction standards for emergency housing where a declaration of emergency has been issued.

California Residential Code
• 2022 CRC Appendix H; provides requirements for unique aspects of residential patio construction.
• 2022 CRC Appendix I; gives specific standards related to private sewage disposal wherever such exists within the city limits.
• 2022 CRC Appendix O; provides requirements for unique construction aspects of automatic vehicular gates and mirrors the requirements of the CFC. • 2022 CRC Appendix R; provides requirements for straw clay construction where such may be used.
• 2022 CRC Appendix S; provides requirements for straw bale construction where such may be used.
• 2022 CRC Appendix W; Provides general requirements for 3D-printed building construction.

Agenda Item 3.B
December 6, 2022

• 2022 CRC Appendix Y; provides standards associated with State-mandated regulations for a 200-year flood event.
• 2022 CRC Appendix Z; provides construction standards for emergency housing where a declaration of emergency or shelter crisis has been issued.

California Mechanical Code
• 2022 CMC Appendix D; provides fuel supply requirements specific to mobile home parks and recreational vehicle parks.
• 2022 CMC Appendix G; provides additional sizing information for venting systems and outdoor combustion and ventilation opening design requirements.

California Plumbing Code
• 2022 CPC Appendix A; provides standardization to the sizing of water supply systems.
• 2022 CPC Appendix B; provides explanatory direction for combination waste and vent systems.
• 2022 CPC Appendix C; clarifies procedures for the design and approval of engineered plumbing systems, alternate materials and equipment not specifically covered in other parts of the CPC.
• 2022 CPC Appendix D; provides standardization for sizing of storm water and drainage systems.
• 2022 CPC Appendix E; provides criteria for the design and installation of manufactured and/or mobile home park plumbing and drainage systems. • 2022 CPC Appendix G; provides requirements for sizing venting systems for Category I appliances.
• 2022 CPC Appendix H; where private sewage disposal is existing or approved, this appendix provides the necessary requirements.
• 2022 CPC Appendix I; provides standardization for specific plumbing installations • 2022 CPC Appendix J; provides design information for combination of indoor and outdoor combustion and ventilation opening design.
• 2022 CPC Appendix K; provides standards where potable rainwater catchment systems are installed.

California Historic Building Code
• 2022 CHBC Appendix A; clarifies if modifications made to qualified historical buildings meet Federal and State requirements as the CHBC is intended to work in Agenda Item 3.B
December 6, 2022

conjunction with both Federal and State standards.

California Fire Code
• 2022 CFC
Appendix B; provides criteria for fire flow requirements. • 2022 CFC Appendix BB; provides criteria for fire flow requirements specific to private and public schools.
• 2022 CFC Appendix C; provides criteria for hydrant location and appropriate number thereof.
• 2022 CFC Appendix CC; provides criteria for hydrant location and appropriate number thereof specific to private and public schools.
• 2022 CFC Appendix D; provides additional requirements as it relates to Fire Department emergency access to buildings.
• 2022 CFC Appendix F; clarifies hazardous materials placarding requirements based on NFPA 704.
• 2022 CFC Appendix H; creates a standard for a hazardous materials management plan and hazardous materials inventory sheets.
• 2022 CFC Appendix L; provides requirements for fire fighter air replenishment systems.
• 2022 CFC Appendix N; provides standards for indoor trade shows and exhibitions. • 2022 CFC Appendix O; provides standards for haunted houses where none currently exist.

Findings for local amendments
Staf
f proposes to maintain currently adopted local amendments based on the following express findings:

1. Tracy
is a growing community of nearly 100,000 people located in a region of the State that lies near several areas of seismic activity, with main faults near Tracy associated with the San Andreas Fault System of the greater San Francisco Bay Area, Calaveras, Hayward, and the Marsh Creek-Greenville active fault located immediately west of the southern portion of San Joaquin County, in which Tracy is located. Tracy is proximate to these faults capable of producing earthquakes.

2. Concer
n for fire-life safety associate with a structural failure due to a seismic event considering the large number of buildings, the use of new structural systems, the poor performance of certain construction materials, and the quality of construction.

3. Sever
e seismic events could disrupt communications, mobility, damage gas mains, cause extensive electrical hazards, and place extreme demands on the limited and Agenda Item 3.B
December 6, 2022

widel
y dispersed resources of the Fire Department resulting in challenges to meet the fire
and life safety needs of the community.

4. The local
climatic and topographical conditions of Tracy are characterized as containing areas of highly flammable vegetation and typically warm, dry summers that can contribute to wildfire conducive conditions. Tracy is located in an area of significant high winds that create a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The inclusion of these requirements will enable a quicker response time by the local fire department in the event of an emergency.

5. Local geographi
cal strata of expansive soils can result in differential volume changes of soil and lead to horizontal and vertical displacement of the slab causing major structural damage.

6. Local geologi
cal conditions are characterized by corrosive soils which notably present within and around the city limits. Increased protections are put into place to prevent and slow down the corrosive action which will ensure that electrical and structural components maintain their integrity and minimize or prevent structural damage.

Additional Explanation for the Recommended Adoption of Various Appendices and Amendments
Most
of the changes noted within the 2022 California Codes should have minimal impact upon construction sites throughout the City but constitute a continued effort to achieve the highest levels of health and life safety in the built environment under specified minimum standards.

Staff
is also proposing other editorial changes to the TMC within Title 9. These editorial changes consist of relocating and renaming sections in order to increase consistency and readability throughout Title 9.

However
, the most significant changes are the requirements found in the CEnC related to increased energy efficiencies including a requirement that all new residential building less than three stories have a photovoltaic system installed. These are intended to have a positive environmental impact and bring California closer to the zero net electricity goal.

Other
changes to the TMC include:

The City
’s General Plan requires that finished floor elevations of buildings constructed in the flood plain be set at a minimum of one foot above the base flood elevation. However, the current Tracy Municipal Code floodplain regulations do not harmonize with this requirement.

Therefore, to avoid conflicting requirements, staff recommends that the floodplain regulations be modified to be the same as the General Plan requirements.

The City
of Tracy could experience urban conflagration, severe flooding, or a significant seismic event. As such, there is a possibility of the need for emergency housing. Staff recommends the adoption of CBC appendix P and CRC appendix Z which provide construction standards for emergency housing that may be used upon the declaration of a shelter crisis. Having these standards available will provide standards for emergency shelters to be quickly and safely Agenda Item 3.B
December 6, 2022

constructed. It is recommended to modify the section related to lofts in these shelters.

Specifically, loft guardrails are allowed to be set at a lower height than the current CRC language specifies elsewhere in the code regarding guardrails. Therefore, to be consistent, guardrails will be required to have the same minimum height as required el sewhere in the co de.

The CBC and CRC have always contained certain structures that are exempt from requiring a permit. One of these exemptions is fences not exceeding 7 feet. The intent of this exemption was to excl ude wooden fences that have very little effect on the built environment. However, there are cases in which fences should not be exempt, such as when they act as a pool barrier or are constructed of masonry or concrete over 4 feet in height. Requiring a permit for the rebuilding of a fence surrounding a swimming pool will ensure that such a fence will meet the current code requirements to help to pr event accidental drownings. Additionally, Tracy is located in the second most seismically volatile area in the world. As such, enabling the construction of a massive and heavy masonry or concrete fence without a permit could unwittingly foster substandard construction that could collapse during a tremor and cause property damage and/or injury/death during a seismic event. Staff, therefore, recommends that the administrative provisions of the code now clarify the exemptions for fence permits.

Another exemption from requiring a building permit that is vague and needs further clarification is the exemption of one-story detached structures of less than 120 square feet. While the area is limited, there is not a limit to the height of such a structure noted in the exception of the code.

The residential code provides prescriptive construction method for wood wall framing to a maximum story height of 11 feet 7 inches to meet wind and seismic demands. To construct structures with story height greater than 11 feet 7 inches would require engi neered design.

Therefore, staff is proposing that the City of Tracy limit the exception of one-story 120 square- foot accessory structures to 11 feet 7 inches in height as a code amendment to the administrative provisions of the code.

Staff is also pr oposing other editorial changes to the TMC within Title 9. These editorial changes consist of relocating and renaming sections in order to increase consistency and readability throughout Title 9.

CEQA

DETERMINATION
This Ordinance was found to be categorically exempt from environmental review under section 15061 (b)(3), the "common sense" exemption because adding and clarifying language related to the applicability of building codes affects the processing and issuance of ministerial permits.

Ministerial permits are also exempt from CEQA under CEQA Guidelines Section 15268.

DE

PARTMENT COORDINATION
Department coordination included review by the South San Joaquin County Fire Authority.

FISCAL IMPACT
Expenses related to the adoption of the 2022 California Building, Fire, and related codes are included in department budgets. There are sufficient funds available for this request.

Agenda Item 3.B
December 6, 2022

STRATEGIC PLAN
The adoption of the 2022 California Codes does not directly support any portion of the Strategic Plan and yet is not in conflict with any of the Strategic Plan’s goals or objectives.

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council: adopt an Ordinance: 1) repealing the 2019 edition of the California Building Code, Fire Code, Mechanical Code, Plumbing Code, Energy Code, Residential Code, Existing Building Code, Green Standards Building Code, and the Historic Building Code, all codified under Tracy Municipal Code Title 9; 2) making findings to substantiate modifications to the 2022 California Building Codes and Standards, due to local climatic, geological or topographical conditions; 3) adopting, with local amendments, the 2022 California Building Codes and Standards, and codifying the same as Tracy Municipal Code Titl e 9; 4) adopting Appendices C, F, H, I, K, P under the California Building Code, Appendices D and G under the Mechanical Code, Appendices A, B, C, D, E, G, H, I, J and K under the Plumbing Code, Appendices H, I, O, R, S, W, Y, Z under the Residential Code, Appendix A under the Historical Building Code, and Appendices B, BB, C, CC, D, F, H, L, N, and O under the Fire Code, and codifying the same as Tracy Municipal Code Title 9; and 5) adopting California Environmental Quality Act Exemption Findings Prepared by: Christopher Morgan, Building Official
Reviewed by: Bill Dean, Assistant Director of Development Services Kris Balaji, PMP, PE, Development Services Director
Randall Bradley, Fire Chief, South San Joaquin County Fire Authority Sara Cowell, Finance Director
Midori
Lichtwardt, Assistant City Manager
Approved by:

Michael Rogers, City Manager

ATTACHMENTS
Attach
ment A – Proposed Ordinance adopting the various 2022 California Codes and appendices thereto, including local amendments, and repealing, amending, and adding to Title 9 of the Tracy Municipal Code.

Attachment B – Justification of code amendments.

Attachment C - Powerpoint Presentation
Attachment A

APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
TRAC

Y CITY COUNCIL
ORDINA
NCE NO. ________

AN ORDI
NANCE:
1) REPE
ALING THE 2019 EDITION OF THE CALIFORNIA BUILDING CODE, FIRE

CODE, MECHANICAL CODE, PLUMBING CODE, ENERGY CODE, RESIDENTIAL

CODE, EXISTING BUILDING CODE, GREEN STANDARDS BUILDING CODE,

AND THE HISTORIC BUILDING CODE, ALL CODIFIED UNDER TRACY MUNICIPAL CODE TITLE 9;
2) MAK
ING FINDINGS TO SUBSTANTIATE MODIFICATIONS TO THE 2022

CALIFORNIA BUILDING CODES AND STANDARDS, DUE TO LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS;
3) ADOP
TING, WITH LOCAL AMENDMENTS, THE 2022 CALIFORNIA BUILDING

CODES AND STANDARDS, AND CODIFYING THE SAME AS TRACY
MUNICIPAL CODE TITLE 9;
4) A

DOPTING APPENDICES C, F, H, I, K, P UNDER THE CALIFORNIA

BUILDING CODE, APPENDICES D AND G UNDER THE MECHANICAL CODE,

APPENDICES A, B, C, D, E, G, H, I, J AND K UNDER THE PLUMBING CODE,

APPENDICES H, I, O, R, S, W, Y, Z UNDER THE RESIDENTIAL CODE,

APPENDIX A UNDER THE HISTORICAL BUILDING CODE, AND APPENDICES

B, BB, C, CC, D, F, H, L, N, AND O UNDER THE FIRE CODE, AND CODIFYING THE SAME AS TRACY MUNICIPAL CODE TITLE 9; AND
5) ADOP

TING CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION

FINDINGS
WHERE
AS, pursuant to Sections 17922, 17958, 17958.5 and 17958.7 of the California Health and Safety Code, the City may adopt the provisions of the California Building, Residential, Plumbing, Mechanical, Electrical, Existing Building, Historical Building Codes, Green Building Standards Code, and Building Efficiency Energy Standards with certain amendments to those provisions which are reasonably necessary to protect the health, welfare and safety of the citizens Tracy because of local climatic, geological and topographical conditions; and

WHEREAS, the City Council hereby makes the following findings with respect to local geological, topographical and climatic conditions relating to the amendments to the California Codes for which such findings are required:

1. Tracy
is a growing community of nearly 100,000 people located in a region of the State that lies near several areas of seismic activity, with main faults near Tracy associated Ordinance _____

with the San Andreas Fault System of the greater San Francisco Bay Area, Calaveras, Hayward, and the Marsh Creek-Greenville active fault located immediately west of the southern portion of San Joaquin County, in which Tracy is located. Tracy is proximate to these faults capable of producing earthquakes.

2. Concer
n for fire-life safety associate with a structural failure due to a seismic event considering the large number of buildings, the use of new structural systems, the poor performance of certain construction materials, and the quality of construction.

3. Sever
e seismic events could disrupt communications, mobility, damage gas mains, cause extensive electrical hazards, and place extreme demands on the limited and widely dispersed resources of the Fire Department resulting in challenges to meet the fire and life safety needs of the community.

4. The local
climatic and topographical conditions of Tracy are characterized as containing areas of highly flammable vegetation and typically warm, dry summers that can contribute to wildfire conducive conditions. Tracy is located in an area of significant high winds that create a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The inclusion of these requirements will enable a quicker response time by the local fire department in the event of an emergency.

5. Local
geographical strata of expansive soils can result in differential volume changes of soil and lead to horizontal and vertical displacement of the slab causing major structural damage.

6. Local
geological conditions are characterized by corrosive soils which notably present within and around the city limits. Increased protections are put into place to prevent and slow down the corrosive action which will ensure that electrical and structural components maintain their integrity and minimize or prevent structural damage.

WHERE
AS, this Ordinance was found to be categorically exempt from environmental review under section 15061 (b)(3), the "common sense" exemption because adding and clarifying language related to the applicability of building codes affects the processing and issuance of ministerial permits. Ministerial permits are also exempt from CEQA under CEQA Guidelines Section 15268.

WHEREAS, the City Council of the City of Tracy is the decision- making body for this Ordinance; and
WHERE
AS, the City Council adopted Ordinance No. 1274 on November 5, 2019 to adopt the 2019 California Building Code Standards; and
WHERE
AS, the City Clerk is directed to submit this ordinance upon enactment of the California Building Standards Commission for filing pursuant to applicable law.

NOW,

THEREFORE, THE CITY COUNCIL OF THE CITY OF TRACY DOES ORDAIN AS FOLLOWS:

SECTION 1: Incorporation of Recitals/Findings. The City Council finds and Ordinance _____

determines the foregoing recitals are true and correct and are hereby incorporated herein as findings and determinations of the City.

SECTION 2: Readopted sections. Tracy Municipal Code sections 9.04.010,

9.04.020 and 9.04.040 are readopted in their entirety without change.

SECTION 3: Amended sections. Tracy Municipal Code sections 9.04.030 and

9.04.050 are hereby amended to read as follows:

9.04.030
Adoption by reference of the California Building Code.

The City hereb y adopts by reference the code entitled "2022 California Building Code," Volumes 1 and 2, including appendices C, F, H, I, K and P, copyrighted by the International Code Council and the California Building Standards Commission (hereinafter "California Building Code"), as amended by this chapter. The California Building Code is on file with the City Clerk and is available for inspection and copying in accordance with Government Code section 50022.6.

9.04.050
Amendments to the California Building Code
The City of Tracy hereby makes the following local amendments to the California Building Code:

9.04.050 is readopted in its entirety except for the existing appendix O. Appendix O is obsolete and will be replaced by appendix P.

APPENDIX P
Section P108.2.4 is amended to read as follows:

P108.2.4 Loft Guards. Loft guards shall be located along the open side of lofts. Loft guards shall not be less than 42 inches (914 mm) in height. Loft guards shall not have openings from the walking surface to the required guard height that allow passage of a sphere 4 inches (102 mm) in diameter.

SECTION 4: Readopted sections. Tracy Municipal Code sections 9.06.010,

9.06.020, 9.06.040, 9.06.050, and 9.06.060 are readopted in their entirety without change.

SECTION 5: Amended sections. Tracy Municipal Code section 9.06.030 is hereby amended to read as follows:

9.06.030
Adoption by reference of the California Fire Code.

The City hereby adopts by reference the code entitled "2022 Cal ifornia Fire Code" including appendices B, BB, C, CC, D, F, H, L, N and O copyrighted by the International Code Council and the California Building Standards Commission (hereinafter "California Fire Code"), as amended by this chapter. The California Fire Code is on file with the City Clerk and is available for inspection and copying in accordance with Government Code section 50022.6.

9.06.070
Amendments to the California Fire Code.

Ordinance _____

The City of Tracy hereby makes the following local amendments to the California Fire Code:

CHAPTER 1
Section 103.1 is amended to read as follows:

Section 103.1 Creation of agency. The South San Joaquin County Fire Authority is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration an enforcement of the provisions of this code.

Section 103.2 Appointment is hereby repealed in its entirety as it purports to give vested employment rights different than currently exists for the fire code official.

Section 105.2.3 is amended to read as follows:

Section 105.2.3 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the fire code official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. However, at the discretion of the fire code official, an application shall not be extended more than two times if this code or any other pertinent code, law or ordinance has been adopted subsequent to the date of application.

A new application shall be submitted, and corresponding fees shall be paid when an application for a permit has expired.

Section 105.3.2 is amended to read as follows:

Section 105.3.2 Extensions. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. However, at the discretion of the building official, a permit shall not be extended more than two times if this code or any other pertinent code, law or ordinance has been adopted subsequent to the date of application. A new permit shall be obtained, and corresponding fees shall be paid when a permit has expired." Section 105.5.5 is amended to read as follows:
105.5.5 Carnivals, Fairs, Festivals, and Exhibitions. A permit is required to operate a carnival, fair, festival, or exhibition.

Section 105 is amended by adding subsections 105.6.55 through 1056.57 to read as follows:

Section 105.6.55 Christmas tree lots, haunted house or corn maze. An operational permit is required to operate a temporary or permanent operation. 105.5.56 Emergency Responder Radio Coverage. A permit is required for facilities with Emergency Responder Radio Coverage Systems.
105.5.57 Indoor Growing Operation. A permit is required to operate an indoor growing operation.

Ordinance _____

Exception: Agricultural Greenhouses in an agricultural zone. 105.5.58 Retail Cannabis Operation. A permit is required to operate a retail cannabis operation.

Section 106 is amended by adding subsection 106.2.1.1 to read as follows:
106.2.1.1 Detail Page. An 8 ½” x 11” document and an electronically submitted “detail” page for emergency responder data files shall be submitted to and approved by the fire authority before final inspection. Detail page shall include a site plan showing:
a. Property, site layout
b. Roads, fire access lanes, and building access points c. Premises identification (Address, building identification, suites, room numbers, etc.) d. Fire Hydrant and Fire Department Connection (FDC) locations e. Knox product locations
f. Fire alarm control locations
g. Fire riser locations
h. Hose valve locations
i. “Main Electrical” and “Main Gas Disconnect” locations j. Hazardous materials storage
Section 107 is amended by adding subsection 107.7 to read as follows:
107.7 Reinspection Fee. A reinspection fee may be assessed for each inspection, test, or reinspection when such portion of work for which an inspection is requested is not complete or when corrections requested to be inspected are not made. This section is not to be interpreted as requiring reinspection fees the first time an inspection or test is rejected for failure to comply with the requirements of the code, but as controlling the practice of requesting inspections/tests before the job is ready for such inspection or test. Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection/test is requested, failure for those individuals conducting the test to show up at the scheduled time or deviating from the approved plans. The fee shall be equal to all incurred costs for inspection and administrative staff at the fully burdened rate.

CHAPTER 2
Section 202 subsection FALSE ALARM is amended to read as follows:

FALSE ALARM shall mean the giving, signaling or transmission to any public fire station or company or to any officer or employee thereof, whether by telephone, spoken word or otherwise, information to the effect that there is a fire, medical emergency, rescue request, or other need for emergency service at or near the place indicated by the person giving, signaling, or transmitting such information, and there is found to be no need for emergency services.

CHAPTER 3
Chapter 3 of the 2022 California Fire Code is adopted in its entirety as amended below:

Section 315.7.2 is amended to read as follows:

Ordinance _____

315.7.2 Distance to lot line. Where pallets, palletized packing boxes, bin boxes or other combustibles are piled or stored adjacent to a property line, the distance from such storage or pile shall not be less than 20 feet to the property line.

Section 315.7.3 is amended to read as follows:
315.7.3 Storage height. Pallets, palletized packing boxes, bin boxes and other combustible materials shall be stored or piled with due regard to stability but in no case greater than 15 feet in height.

Exception: Bin boxes may be stacked to a maximum height of 20 feet.

Sect
ion 315 is amended by adding section 315.7.8 to read as follows:

Section 315.7.8 Outside storage of pallets, palletized packing boxes, bin boxes and other combustibles.

Section 315.7.8.1 Operational permit required. An operational permit shall be obtained to store pallets, palletized packing boxes, bin boxes and other combustible materials more than 2500 cubic feet.

Section 315.7.8.2 Proximity to other combustible yard storage Pallets, palletized packing boxes and bin boxes shall be stored within the limitations to other combustible yard storage as per Table 315.7.8.3 (a). The distance of stacked pallets, palletized packing boxes or bin boxes adjacent to buildings on the same lot shall comply with Table 315.7.8.3 (b).

Table 315.7.8.3 (a)
Minimum distance of piled storage to other combustible yard storage # of Pallets Bins or boxes Min. Ft.
<50 20 Feet
50-200 30 Feet
>200 50 Feet
Table 315.

7.8.3 (b)
Minimum distance of piled or combustible storage to buildings Building Wall Construction # of Pallets, Bins or Boxes
<50 50-200 >200
Masonry without openings 0 ft. 0 ft. 15 ft.

Wood or metal with outside sprinklers 10 ft. 20 ft 30 ft.

Wood, Metal or Masonry W/O outside
sprinklers
20 ft. 30 ft. 50 ft.

Section 315.7.8.3 Fire access
Fire access driveways between and around pallets, palletized packing boxes, bin boxes or other combustibles shall be a minimum of 20 feet in width and maintained free from accumulation of rubbish, weeds, machinery, equipment, or other obstructions that may block access or add to the fire hazard. Driveways shall be spaced to establish a maximum Ordinance _____

grid of storage not to exceed 50 feet by 50 feet and no pile shall exceed 2500 square feet in dimension or more than 50 feet in any one dimension. An approved turning radius around such piles shall be maintained at all times.

Section 315.7.8.4 Fencing
Outside storage of pallets, palletized packing boxes, bin boxes or other combustibles operating under a permit shall be enclosed by a suitable fence not less than 6 feet in height.

Section 315.7.8.5 Water Supply
An approved water supply and hydrants capable of supplying the required fire flow shall be provided within 400 feet or all portions of the storage area in accordance with section 507 of the 2019 California Fire Code or NFPA 1142 (where municipal water supplies are not available).

CHAPTER 4
Section 401.5 is amended by adding subsection 401.5.1 Cost to read as follows:

Section 401.5.1 Cost recovery. All costs incurred by the City to any response to a false alarm will be charged to that person, property owner, firm or corporation causing the transmission of the false alarm.

CHAPTER 5
Section 503.6 is amended to read as follows:

Section 503.6 Security gates. The installation of security gates across a fire apparatus access road shall require, prior to installation, approval by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. All electrically operated automatic gates across fire apparatus access roads shall be equipped with traffic preempting optical signal receivers compatible with the emitters utilized by the Fire Department, which will activate the gate and override all command functions of the gate controller. Knox Switches shall be provided at automatic gates. The traffic preemptive optical signal receiver and key switch shall be provided on both sides of an automatic access gate where an exit loop is not provided. The automatic gate shall have a battery backup or manual mechanical disconnect readily accessible to emergency personnel in case of power failure. All gates must meet Fire Department standards deemed necessary by the fire code official for rapid, reliable access.

Electric gate operators, where provided, shall be listed in accordance with UL 325.

Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F 2200. All manual gates shall be equipped with a Knox-Box containing a key to the gate, or an approved Knox-Padlock.

Section 505.1 is amended to read as follows:

Section 505.1 Address Identification. New and existing buildings shall be provided and maintained with approved address identification. The identification shall comply with all of the following:

1. Not less than 4" high with a 1/2" stroke width.

2. Located minimum of 6' above grade.

Ordinance _____

3. Illuminated at night. Illumination shall be either internally or externally at an intensity of

5.0 foot-candles.

4. Numbers shall contrast with the background.

5. Numbers shall be placed on a portion of the building that is both legible and visible from the street that fronts the property.

6. Numbers shall not be placed on a moveable door and shall not be obstructed from view from the street.

7. Addresses shall be Arabic numbers or alphabetical letters and conventional in form.

Additionally, where access is by means of a private road and/or the building address cannot be viewed from the public way, a monument, pole, or other approved sign or means shall be used to identify the structure. Where required by the fire code official, address numbers/figures shall be provided in additional approved locations to facilitate emergency response.

Multiple tenant spaces serviced by vehicular access to the rear of the building through any driveway, alleyway, or parking lot shall have numbers or addresses placed prior to occupancy on all new and existing buildings as to be plainly visible and legible from the rear access way.

Multiple tenant spaces serviced by rear access through a corridor, exit court, or exit yard shall have approved numbers or addresses displayed on the rear of the tenant space.

Multiple tenant spaces that front on interior walkways or pedestrian malls shall have approved numbers or addresses placed over the entrance door in all new and existing buildings. An illuminated annunciator or directory board shall be required at every entrance where deemed necessary by the fire code official.

Section 506.1 is amended to read as follows:

Section 506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life safety or firefighting purposes, the fire code official is authorized to require a key box in which all keys necessary for entering any portion of the property, building or area shall be contained. The key box shall be manufactured by Knox (listed in accordance with UL 1037) and as a minimum size, shall be a Knox-Box 3200 series box with exterior dimensions of 5"x4"x3 ¾". Larger boxes will be required dependent upon the number of keys to be set within the box. The Knox-Box shall be installed at a height of 72" above finished grade in an accessible location approved by the fire code official. Keys within the box shall be permanently and readily identified.

Section 506 is amended by adding subsection 506.3 to read as follows:

Section 506.3 Hazardous materials management plan box. When a facility stores or uses hazardous materials, the fire code official may require the installation of a secured box manufactured by KNOX and located at the facilities primary entrance or fire control room. The plan box shall contain up-to-date hazardous materials inventory sheets (HMIS) of all the hazardous materials stored or used within the facility, hazardous materials management plan (HMMP) and contact information of the company liaison to the fire department. The plan box shall be waterproof and of sufficient size to contain HMMP and HMIS information without the need to fold the documentation.

Section 509 is amended by adding subsection 509.3 to read as follows:
509.3 Fire Control Room. All new buildings protected with an automatic fire extinguishing system shall be provided with a Fire Control Room in which shall contain system control valves Ordinance _____

and where practical, fire alarm panel, smoke exhaust controls and all other equipment (excluding fire pump) as designated by the fire code official. If the electrical power equipment is not located within the Fire Control Room, then, it shall be in a room immediately adjacent thereto or as approved by the fire code official. The fire control room shall be located to be directly accessible from the exterior of the building and provided with a durable and permanent sign on the exterior of the access door to identify the space as the fire control room.

CHAPTER 6
Section 603 is amended by adding subsection 603.1.3 to read as follows:
603.1.3 Main Disconnects. The main electrical service to any commercial building shall be accessible for emergency shut off from the outside of the building. This may be accomplished by providing one (1) main disconnect, a Knox disconnect or shunt trip device. If, out of necessity, there is more than one main service disconnect, these disconnects shall be in close proximity to each other as approved by the fire code official. If a generator system activates automatically when a shunt trip or main disconnect shuts down, a control to stop the generator must be located with the main disconnect or shunt trip. Shunt trips, main disconnects and generator controls shall be identified by signs approved by the fire code official.

EXCEPTION:

1. Fire Control Room with a marked door that is directly accessible from the outside of the building.

CHAPTER 9
Section 901 is amended by adding subsection 901.6.3.2 to read as follows:
901.6.3.2 Records Reporting. Fire detection, alarm, and extinguishing systems shall be maintained in an operative condition at all times and shall be replaced or repaired when they become defective. Non-required fire protection systems and equipment shall be inspected, tested, and maintained or removed. All inspection, testing and maintenance reports shall be forwarded to the Fire Authority using electronic media to the designated third party as selected by the Fire Authority. Paper (hard copy) reports are not permitted.

Section 903 is amended by adding subsection 903.2.20 to read as follows:

Section 903.2.22 Aut omatic fire sprinklers. In addition to the requirements specified in Section 903 of this code, an automatic fire sprinkler system shall be installed throughout and maintained in operable condition in the following buildings:

1. Every building hereafter constructed in which the total area of the building is greater than
6,000 square feet including overhangs.

2. Every building hereafter constructed of three or more stories in height as defined in the building code.

3. Every building hereafter remodeled or improved within a three-year period when the cost of improvements (alterations and/or structural repairs to the building) requiring permits exceeds a valuation threshold as specified below and the total area of the building exceeds 6,000 square feet.

The calculation is determined using a valuation threshold of $100,000 based on the 1985 "ENR US20 Cities" Average Construction Cost Index of 4195 adjusted by area Ordinance _____

cost factors. The city will annually update the valuation threshold to a current amount based on the increase in the index since the last figure used.

4. Every building hereafter changed in occupancy classification and the total area is greater than 6,000 square feet, and the proposed use is deemed to be more hazardous based on risk analysis by the fire code official.

5. Every building hereafter in which square footage is increased by 50% or more within a three-year period and the total square footage of the building exceeds 6000 square feet. If the additional square footage added to a building creates a total that exceeds the minimum code requirement for sprinklers for that occupancy type, then automatic sprinklers shall be required.

6. (Exception) Minor additions; not greater than 500 square feet in area to existing non- sprinklered buildings and the purpose of the addition is for accessory storage or disabled access upgrades.

Section 903.3.6 is amended to read as follows:
903.3.6 Hose threads. Fire hose threads and fittings used in connection with automatic sprinkler systems shall be “National Hose” (NH).

Section 912.2.1 is amended to read as follows:
912.2.1 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of fire department connections shall be approved by the fire code official. Fire department connections shall be within one hundred (100) feet of a fire hydrant.

Section 912.5 is amended to read as follows:

Section 912.5 Signs. A metal sign with raised letters at least 1 inch (25 mm) in size shall be mounted on all fire department connections serving automatic sprinklers, standpipes, or fire pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION or a combination thereof as applicable. Where the fire department connection serves a portion of a building or a specific building among multiple buildings a sign shall be provided to reflect the appropriate building or portion of a building served.

Section 913 is amended by adding the following text to the end of the section:

Section 913.7 Meters and testing devices. Where fire pumps are provided, they shall have a test loop installed in accordance with the applicable portions of NFPA 20 Section 4.21.2.

CHAPT
ER 11
Chapter 11 of the 2022 California Fire Code is partially adopted with adopted sections listed below (sections adopted by the State Fire Marshal remain unchanged unless modified below):

Section 1103.2 amended to read as follows:

Section 1103.2 Emergency responder radio coverage in existing buildings. Existing buildings that do not have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction shall be equipped with such coverage when any of the following conditions apply:

Ordinance _____

1. Where the use or occupancy group of the building has been changed and the use or occupancy is more hazardous.

2. Where the addition of metal racking systems, equipment, or interior walls utilizing metal, masonry or concrete materials that interfere with emergency responder radio coverage within the building as noted below:
a. Where multiple tenant spaces exist within a single structure, only the tenant space where improvements are made that trigger radio coverage shall have radio coverage. The improvements made to provide adequate radio coverage shall be designed, however, to have the capability to expand indoor radio coverage to all other areas of the building by adding cable and antennas if needed for subsequent improvements in these other areas of the building. Survivability of the cable pathway and "junction" locations between tenant spaces shall be addressed.
b. New metal racks (including required aisle and flue space) or equipment installed that increase existing metal racks (including required aisle and flue space) or equipment by 40% or greater of tenant spaces up to 100,000 square feet, 35% or greater of tenant spaces up to 400,000 square feet and 25% or greater of tenant spaces greater than 400,000 square feet shall require radio coverage. c. New metal racks (including required aisles and flue spaces) or equipment that cover 30% or greater area of the tenant space where no such improvements previously existed shall require radio coverage in tenant spaces up to 100,000 square feet; 25% or greater of tenant spaces up to 400,000 square feet and 20% or greater of tenant spaces greater than 400,000 square feet. d. New masonry or concrete walls and elevated floor/ceilings and metal-framed walls or floor/ceilings installed that increase existing masonry or concrete walls and elevated floor/ceilings and metal-framed walls and floor/ceilings (area calculation) by 40% or greater of tenant spaces up to 100,000 square feet, 35% or greater of tenant spaces up to 400,000 square feet and 25% or greater of tenant spaces more than 400,000 square feet shall require radio coverage. e. New masonry or concrete walls and elevated floor/ceilings and metal-framed walls or floor/ceilings installed that cover 30% or greater area of the tenant space (area calculation) where no such improvements previously existed shall require radio coverage in tenant spaces up to 100,000 square feet, 25% or greater of tenant spaces up to 400,000 square feet and 20% or greater of tenant spaces more than 400,000 square feet.

3. Every building hereafter in which square footage of the building is increased by 50% or more within a three-year period and the total square footage of the building exceeds 10,000 square feet. Exception: 1). Group R Division 3 Occupancies and buildings constructed entirely of structural members made of wood.

CHAPTER 25
Chapter
25 of the 2022 California Fire Code is adopted in its entirety without amendment.

CHAPT
ER 26
Ordinance _____

Chapter
26 of the 2022 California Fire Code is adopted in its entirety without amendment.

CHAPTER 57
Chapter 57 of the 2022 California Fire Code is adopted in its entirety as amended below:

That the geographic limits referred to in Chapter 57 of the 2022 California Fire Code are hereby established as follows:

Section 5704.2.9.6.1 is amended to include the geographical areas such storage is prohibited:

Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of class I and 2 liquids in above-ground tanks is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural use.

Exception: Above ground tanks located at public safety facilities.

Section 5706.2.4.4 is amended to include the geographical areas such storage is prohibited:

Section 5706.2.4.4. Locations where above-ground tanks are prohibited. Locations where above-ground tanks are prohibited. Storage of class I and 2 liquids in above-ground tanks is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural use.

CHAPTER 58
Chapter 58 of the 2022 California Fire Code is adopted in its entirety as amended below:

That the geographic limits referred to in Chapter 58 of the 2022 California Fire Code are hereby established as follows:
5806.2 Limitations. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use.

CHAPTER 61
Section 6104.2 of the 2022 California Fire Code is amended to include the geographical areas restricting the storage of liquefied petroleum gas:
6104.2 Maximum capacity within established limits. The storage of liquefied petroleum gases prohibited in any central business district and in all zoning districts except districts zoned for commercial, industrial, rural, or agricultural uses.

APPENDIX B
Section B105.2 is amended by adding the following text to the end of the section:

Exception:

5. A maximum reduction in required fire-flow of up to 50 percent, as approved by the fire code official, is allowed when the building is provided with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 as opposed to the 75% reduction values given for minimum fire flows in Table B1105.2. A reduction in required fire-flow of up to 75 percent, as approved by the fire code official, is allowed for warehouse buildings of Type I, Type II, and Type Ill construction provided with ESFR automatic fire sprinkler systems. The resulting fire-flow for any of these reductions shall not be less than 1500 gallons per minute for the prescribed duration Ordinance _____

according to Table B105.1(2). Reduction of fire-flow applies to the fire hydrants requirements as specified in Appendix C.

APPENDIX BB
Section BB105.1 and Exception is amended to read as follows:

Section BB105.1 The minimum fire-flow and flow duration for school buildings shall be as specified in Table B8105.1.

Exception: A reduction in required fire flow of up to 50 percent is allowed when the building is provided with an approved automatic sprinkler system. When a reduction in fire flow is used, fire flow shall not be less than 1500 gallons per minute for the prescribed duration as specified in Table B8105.1. Reduction of fire-flow applies to the fire hydrants requirements as specified in Appendix CC.

APPENDIX C
Appendix C is amended by adding section C106 to read as follows:

Section C106 Hydrant type. The fire code official shall approve the type of fire hydrants to be installed in the public right of way or on private property prior to any such installation.

Table C102.1 Number and Distribution of Fire Hydrants, footnote "b" is repealed and amended to read as follows:

Table C102.1 footnote "b"
b. Where streets are provided with median dividers that make access to hydrants difficult, cause time delay, or create undue hazard or both, or where arterial streets are provided with four or more traffic lanes, hydrant spacing shall average 500 feet on each side of the street and be arranged on an alternating basis.

APPENDIX CC
Appendix CC is amended by adding section CC106 to read as follows:

Section CC106 Hydrant type. The fire code official shall approve the type of fire hydrants to be installed in the public right of way or on private property prior to any such installation.

Table CC105.1 Number and Distribution of Fire Hydrants, footnote "b" is repealed and amended to read as follows:

Table CC105.1 footnote "b"
b. Where streets are provided with median dividers that make access to hydrants difficult, cause time delay, or create undue hazard or both, or where arterial streets are provided with four or more traffic lanes, hydrant spacing shall average 500 feet on each side of the street and be arranged on an alternating basis.

SECTION 6: Readopted sections. Tracy Municipal Code sections 9.08.010,

9.08.020, 9.08.040, 9.08.050, 9.08.060, 9.08.070 and 9.08.080 through 9.08.160 are readopted in their entirety without change.

SECTION 7: Am ended section. Tracy Municipal Code sections 9.08.030 is hereby amended to read as follows:

9.08.030
Adoption by reference of the California Electrical Code.

Ordinance _____

The City hereby adopts by reference the code entitled "2022 Cali fornia Electrical Code," copyrighted by the National Fire Protection Association and approved by the California Building Standards Commission (hereinafter "California Electrical Code"), as amended by this chapter. The California Electrical Code is on file with the City Clerk and is available for inspection and copying in accordance with Government Code section 50022.6.” SECTION 8: Readopted sections. Tracy Municipal Code sections 9.10.010,

9.10.020, 9.10.040 and 9.10.050 are readopted in their entirety without change.

SECTION 9: Amended section. Tracy Municipal Code section 9.10.030 is hereby amended to read as follows:
“9.10.030 Adoption by reference of the California Residential Code. The City hereby adopts by reference the code entitled "2022 California Residential Code" and appendices H, I, O, R, S, W, Y and Z copyrighted by the International Code Council and the California Building Standards Commission (hereinafter "California Residential Code"), as amended by this chapter. The California Residential Code is on file with the City Clerk and is available for inspection and copying in accordance with Government Code section 50022.6.” SECTION 10: Added Section. Section 9.10.060 of the Tracy Municipal Code is hereby added to read as follows:

9.10.060 One- and two-family dwellings automatic fire suppression systems.

An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings including all newly installed manufactured homes in accordance with Title 25.

SECTION 11: Readopted sections. Tracy Municipal Code sections 9.12.010,

9.12.020, 9.12.040, and 9.12.050 are readopted in their entirety without change.

SECTION 12: Amended sections. Tracy Municipal Code section 9.12.030 is amended to read as follows:

9.12.030
Adoption by reference of the California Plumbing Code.

The City hereby adopts by reference the code entitled "2022 Cal ifornia Plumbing Code," including appendices A, B, C, D, E, G, H, I, J and K, copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission (hereinafter "California Plumbing Code"), as amended by this chapter. The California Plumbing Code is on file with the City Clerk and is available for inspection and copying in accordance with Government Code section 50022.6.” SECTION 13: Added section. Tracy Municipal Code section 9.12.060 is added to read as follows:

9.12.060
Corrosive Soils.

The City of Tracy has extensive areas where corrosive soils are present and therefore any ferrous or galvanized conduit, piping, connections, or equipment in contact with the ground shall be appropriately protected unless otherwise listed.

SECTION 14: Readopted sections. Tracy Municipal Code sections 9.14.010,

9.14.020 and 9.14.040 are readopted in their entirety without change.

Ordinance _____

SECTION 15: Amended section. Tracy Municipal Code section 9.14.030 is hereby amended to read as follows:

9.14.030 Adoption by reference of the California Green Building Standards Code.

The Cit
y hereby adopts by reference the code entitled "2022 California Green Building Standards Code" without appendices and copyrighted by the California Building Standards Commission (hereinafter "California Green Building Standards Code"), as amended by this chapter. The California Green Building Standards Code is on file with the City Clerk and is available for inspection and copying in accordance with Government Code section 50022.6.”

SECTION 16: Readopted sect
ions. Tracy Municipal Code sections 9.16.010,

9.16.020, 9.16.040 and 9.16.050 are readopted in their entirety without change.

SECTION 17: Amended section. Tracy Municipal Code section 9.16.030 is hereby amended to read as follows:

“9.16
.030 Adoption by reference of the California Mechanical Code.

The City hereby adopts by reference the code entitled "2022 Cali fornia Mechanical Code," and appendices D and F attached thereto, copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission (hereinafter "California Mechanical Code"), as amended by this chapter. The California Mechanical Code is on file with the City Clerk and is available for inspection and copying in accordance with Government Code section 50022.6.”

SECTION 18: Added sect
ion. Tracy Municipal Code section 9.16.060 is hereby
added to read as follows:

9.16.060
Corrosive Soils.

The City of Tracy has extensive areas where corrosive soils are present and therefore any ferrous or galvanized ducting, conduit, piping, connections, or equipment in contact with the ground shall be appropriately protected unless otherwise listed.

SECTION 19: Readopte d sections. Tracy Municipal Code section 9.40.010,

9.40.020, 9.40.030, 9.40.040, and 9.40,050 are readopted in their entirety.

SECTION 20: Readopte d sections. Tracy Municipal Code sections 9.48.010,

9.48.020 and 9.48.040 are readopted in their entirety without change.

SECTION 21: Amended section. Tracy Municipal Code section 9.48.030 is hereby amended to read as follows:

9.48.030
Adoption by reference of the California Historical Building Code.

The City her eby adopts by reference the code entitled "2022 California Historical Building Code" including all appendices attached thereto and copyrighted by the California Building Standards Commission (hereinafter "California Historical Building Code"), as amended by this chapter. The California Historical Building Code is on file with the City Clerk and is available for inspection and copying in accordance with Government Code section 50022.6.” Ordinance _____

SECTION 22: Readopted section. Tracy Municipal Code section 9.50.010,

9.50.020, 9.50.040, and 9.50.050 are readopted in their entirety without change.

SECTION 23: Amended section. Tracy Municipal Code section 9.50.030 is amended to read as follows:

9.50.030
Adoption by reference of the California Existing Building Code.

The City hereby adopts by reference the code entitled "2022 Cali fornia Existing Building Code", without appendices, copyrighted by the International Code Council and the California Building Standards Commission (hereinafter "California Existing Building Code"), as amended by this chapter. The California Existing Building Code is on file with the City Clerk and is available for inspection and copying in accordance with Government Code section 50022.”
SECTION 24: Readopted sections. Tracy Municipal Code sections 9.64.010,

9.64.020 and 9.64.040 are readopted in their entirety without change.

SECTION 25: Amended section. Tracy Municipal Code section 9.64.030 is hereby amended to read as follows:

9.64.030 A
doption by reference of the California Energy Code.

The City hereb y adopts by reference the code entitled "2022 California Energy Code," without appendices, published by the International Code Council and copyrighted by the California Building Standards Commission (hereinafter "California Energy Code"), as amended by this chapter. The California Energy Code is on file with the City Clerk and is available for inspection and copying in accordance with Government Code section 50022.6.” SECTION 26: Title, chapter, and section headings. Title, chapter, and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of any title, chapter, or section hereof.

SECTION 27: CEQA Determination: The adoption of this ordinance is exempt from CEQA pursuant to section 15061 (b)(3), the "common sense" exemption because adding and clarifying language related to the applicability of building codes affects the processing and issuance of ministerial permits. Ministerial permits are also exempt from CEQA under CEQA Guidelines Section 15268.

SECTION 28: Severabil
ity. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause, or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional SECTION 29: Effective Date. This ordinance shall become effective upon the thirtieth (30th) day after final adoption.

SECTION 30: Department coordination included Fire Department review.

Ordinance _____

SECTION 31: Publication. The City Clerk is directed to publish this ordinance in a manner required by law.

SECTION 32: Codification. This Ordinance shall not be codified in the Tracy Municipal Code.
* * *
* * * * * * * * * *
The foregoi ng Ordinance _____ was introduced at a regular meeting of the Tracy City Council on the 6th day of December 2022, and finally adopted on the day of , 202_, by the follo wing vote:

AYES:

NOES:

ABSENT:

ABSTENTION:
___________________________________________
NANCY D.

YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
Date of Attestation:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS:

Ordinance _____

NOTICE AND DIGEST
AN O
RDINANCE: 1) REPEALING THE 2019 EDITION OF THE CALIFORNIA BUILDING

CODE, FIRE CODE, MECHANICAL CODE, PLUMBING CODE, ENERGY CODE,

RESIDENTIAL CODE, EXISTING BUILDING CODE, GREEN STANDARDS BUILDING

CODE, AND THE HISTORIC BUILDING CODE, ALL CODIFIED UNDER TRACY MUNICIPAL CODE TITLE 9; 2) MAKING FINDINGS TO SUBSTANTIATE MODIFICATIONS TO THE 2022

CALIFORNIA BUILDING CODES AND STANDARDS, DUE TO LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS; 3) ADOPTING, WITH LOCAL AMENDMENTS, THE 2022 CALIFORNIA BUILDING CODES AND STANDARDS, AND CODIFYING THE SAME AS TRACY MUNICIPAL CODE TITLE 9; 4) ADOPTING

APPENDICES C, F, H, I, K, P UNDER THE CALIFORNIA BUILDING CODE, APPENDICES D

AND G UNDER THE MECHANICAL CODE, APPENDICES A, B, C, D, E, G, H, I, J AND K

UNDER THE PLUMBING CODE, APPENDICES H, I, O, R, S, W, Y, Z UNDER THE

RESIDENTIAL CODE, APPENDIX A UNDER THE HISTORICAL BUILDING CODE, AND

APPENDICES B, BB, C, CC, D, F, H, L, N, AND O UNDER THE FIRE CODE, AND CODIFYING THE SAME AS TRACY MUNICIPAL CODE TITLE 9; AND 5) ADOPTING

CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION FINDINGS This
Ordinance adoption occurs every three years and will replace the previously adopted 2019 California codes and makes any new amendments or repeal any previous amendments that have changed, are no longer relevant, or have become obsolete in the Tracy Municipal Code, pursuant to the California Health and Safety Code section 18901, et. seq.

Attachment B
Appendix B
Just
ification for amended code sections

1. Amendi
ng Section 105.2 item 1 of the California Building Code clarifying building height of permit-exempted one-story detached accessory structures. This amendment is administrative in nature.

2. Amending Section 105.2 item 2 of the California Building Code specifying specific fence types that are not exempt from a building permit. This amendment is administrative in nature.

3. Amending Section 105.3.2 of the California Building Code clarifying the time limitations for permit applications. This amendment is administrative in nature.

4. Amending Section 105.5 of the California Building Code clarifying the process and time limits for extensions to permits. This amendment is administrative in nature.

5. Amending Section 502.1 of the California Building Code clarifying the requirements for address identification. This amendment is due to the local climatic and topographical conditions that create a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The inclusion of these requirements will enable a quicker response by our Fire Department to an emergency fire event.

6. Amending Section 1808A.6.1 of the California Building Code clarifying the requirements for slabs-on-grade. This amendment is due to geological strata of expansive soils and that is intended to address the differential volume changes of soil and to prevent horizontal and vertical displacement of the slab.

7. Amending Section P108.2.4 of the California Building Code by requiring guardrail heights located at lofts to coincide with current California Residential Code requirements.

This amendment is administrative in nature.

8. Amending Section 103.1 of the California Fire Code specifying the South San Joaquin County Fire Authority is the agency responsible for the implementation, administration, and enforcement of the Fire Code. This amendment is administrative in nature.

9. Repealing Section 103.2 of the California Fire Code regarding the appointment of the fire code official. This amendment is administrative in nature.

10. Amending Section 105.2.3 of the California Fire Code clarifying the time limits for permit applications. This amendment is administrative in nature.

11. Amending Section 105.3.2 of the California Fire Code clarifying the process and time limits for extensions to permits. This amendment is administrative in nature.

12. Amending Section 105.5.5 of the California Fire Code adding the text to include festivals and exhibitions. This amendment is administrative in nature.

13. Adding Section 105.5.55 to the California Fire Code expanding operation permit requirements for both temporary and permanent operation of Christmas tree lots, haunted houses, and corn mazes. This amendment is administrative in nature.

14. Adding Section 105.5.56 to the California Fire Code expanding operation permit requirements for facilities equipped with emergency responder radio coverage systems.

This amendment is administrative in nature.

15. Adding Section 105.5.57 to the California Fire Code expanding operation permit requirements for indoor growing operations with the exception of agricultural greenhouses in an agricultural zone. This amendment is administrative in nature.

16. Adding Section 105.5.58 to the California Fire Code expanding operation permit requirements for retail cannabis operations. This amendment is administrative in nature.

17. Addition Section 106.2.1.1 to the California Fire Code requiring the submission of a detail page for emergency responder data files. This amendment is administrative in nature.

18. Adding Section 107.7 to the California Fire Code specifying when reinspection fees may be assessed. This amendment is administrative in nature. 2 19. Amending Section 202 of the California Fire Code clarifying the definition of “False Alarm”. This amendment is administrative in nature.

20. Amending Section 112.4 of the California Fire Code clarifying the violations and penalties provisions. This amendment is administrative in nature.

21. Amending Sections 315.7.2 and 315.7.3 to the California Fire Code the distances from lot lines and storage heights of pallets, palletized packing boxes, and bin boxes. This amendment is due to climatic and topographical conditions where summer weather conditions that are very dry, hot and windy causing ordinary combustibles to be easily ignited and fires to be fast spreading. And the area is intersected by Interstates 5, 205, and 580 and experiences a large volume of commuter traffic that can delay fire and emergency service response.

22. Adding Sections 315.7.8.1 through 315.7.8.5 to the California Fire Code requiring specific limitations on the exterior storage of pallets, palletized packing boxes, and bin boxes due to the significant local hazard of wind-driven fires. The local climatic and topographic condition creates a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The inclusion of these requirements for limitations on placement, pile height and pile size, fire access, fencing and water supply will mitigate the added danger posed to the citizens and properties of the City of Tracy.

23. Adding Section 401.5.1 to the California Fire Code specifying recovery costs for responding to false alarms. This amendment is administrative in nature.

24. Amending Section 503.6 of the California Fire Code clarifying the requirements for access where electrically operated gates are provided. This amendment is administrative in nature.

25. Amending Section 505.1 of the California Fire Code clarifying the requirements for address identification on new and existing buildings. This amendment is due to the local climatic and topographical conditions that create a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The inclusion of these requirements will enable a quicker response by our Fire Department to an emergency fire event.

26. Amending Section 506.1 of the California Fire Code clarifying the requirements for the type and placement of key boxes. This amendment is administrative in nature and provides information that is lacking in the Fire Code, where the Fire Code points to local authority requirements.

27. Adding Section 506.3 to the California Fire Code requiring that a hazardous material plan box be provided due to the significant local hazard of wind-driven fires. The local climatic and topographic condition creates a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The inclusion of hazardous materials plan boxes mitigates this issue by providing for faster more precise response by fire service responders by having immediate access to information thereby saving time and properly deploying Fire Department resources.

28. Adding Section 509.3 to the California Fire Code requiring that all buildings protected by automatic fire extinguishing systems be provided with a Fire Control Room due to the significant local hazard of wind-driven fires. The local climatic and topographic condition creates a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The inclusion of control rooms provides for faster more precise response by fire service responders as well as providing exposure protection for fire service equipment not addressed elsewhere in the code.

29. Adding Section 603.1.3 to the California Fire Code requiring that the main electrical for any commercial building be accessible for shut off from outside the building or in a room directly accessible from outside the building due to the significant local hazard of wind- driven fires. The local climatic and topographic condition creates a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to 3 structures. The inclusion of an exterior shut off or shut offs in a room directly accessible from outside the building provides for faster more precise response by fire service responders.

30. Adding Section 901.6.3.2 to the California Fire Code requiring fire protection system reports be submitted using the electronic media designated by the Fire Authority. This amendment is administrative in nature.

31. Adding Section 903.2.22 to the California Fire Code requiring fire sprinklers in a variety of buildings due to the climatic condition of low water table and minimal rainfall. The use of automatic fire sprinklers has been documented to show that suppressing an equivalent fire requires approximately only 1/3 the required water flow by direct application at the incipient stage of the fire rather than subsequent application of hose streams.

32. Amending Section 903.3.6 to the California Fire Code requiring fire hose threads and fitting used in the connection with automatic fire sprinkler systems to be “National Hose” (NH). This amendment is administrative in nature.

33. Amending Section 912.2.1 to the California Fire Code requiring a fire hydrant to be positioned with 100 feet of a fire department connection. The local climatic and topographic condition creates a wind tunnel effect increasing the speed at which fires spread.

34. Amending Section 912.5 of the California Fire Code identifying requirements for proper signs indicating which portion of a building or building on a multiple building site for which an FDC serves. The local climatic and topographic condition creates a wind tunnel effect increasing the speed at which fires spread. If an FDC is not properly identified as to which building it serves, critical operational time is lost.

35. Adding Section 913.7 to the California Fire Code to read, “Where fire pumps are provided, a test loop shall be installed in accordance with the applicable portions of NFPA 20 Section 4.21.2.” This amendment is due to the climatic condition of low water table and minimal rainfall. The use of a test loop for performing the annual testing of fire pumps reduces water usage that will further affect the water table and create possible water shortages for necessary firefighting.

36. Amending Section 1103.2 of the California Fire Code specifying in detail the thresholds for the enforcement for radio coverage in existing buildings. This amendment is administrative in nature.

37. Adding Chapter 25 of the California Fire Code. Building standards not adopted by the California State Fire Marshal require local jurisdictions to adopt to enforce the provisions.

This amendment is administrative in nature.

38. Adding Chapter 26 of the California Fire Code. Building standards not adopted by the California State Fire Marshal require local jurisdictions to adopt to enforce the provisions.

This amendment is administrative in nature.

39. Amending section 5704.2.9.6.1 to clarify the geographical areas storage of flammable and combustible liquids are prohibited. This amendment is administrative in nature and provides information where the Fire Code points to local authority requirements.

40. Amending section 5706.2.4.4 to clarify the geographical areas storage of flammable and combustible liquids are prohibited. This amendment is administrative in nature and provides information where the Fire Code points to local authority requirements.

41. Amending section 5806.2 to clarify the geographical areas storage of flammable gases and flammable cryogenic fluids are prohibited. This amendment is administrative in nature and provides information where the Fire Code points to local authority requirements.

42. Amending section 6104.2 to clarify the geographical areas storage of liquefied petroleum gases are restricted. This amendment is administrative in nature and provides information where the Fire Code points to local authority requirements. 4 43. Adding Section B105.2 Exception 5 to the California Fire Code specifying the conditions for the reduction of fire flow. The local climatic and topographic conditions create a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The limiting of the reduction of fire flow will help to mitigate the added danger posed to the citizens and properties of the City of Tracy.

44. Amending Section BB105.1 of the California Fire Code specifying the conditions for use of Exception 1 to reduce fire flow. The local climatic and topographic conditions create a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The limiting of the reduction of fire flow will help to mitigate the added danger posed to the citizens and properties of the City of Tracy.

45. Adding Section C106 to the California Fire Code indicating that the Fire Code Official shall specify the permissible type of fire hydrants. CFC Section 507.2.1 indicates that fire hydrants and mains shall comply with NFPA 24. Chapter 7, Section 7.1.1 of NFPA 24 specifies that all fire hydrants shall be an approved type. This amendment, therefore, is an administrative clarification.

46. Amending Table C102.1 footnote b of the California Fire Code altering the conditions for use of footnote b. CFC Table C102.1 footnote b, provides fire hydrant spacing and flow conditions for streets with medians based upon the number of lanes and specific traffic volume. This amendment removes the vehicle count and number of lanes as conditions and replaces them with a more usable standard which is based on the difficulty of fire operations across the median since the standards do not address the width of the median, intervening features such as transportation stops or grade differentials and is administrative in nature.

47. Amending Table CC105.1 footnote b to the California Fire Code altering the conditions for use of footnote b. CFC Table CC105.1 footnote b, provides fire hydrant spacing and flow conditions for streets with medians based upon the number of lanes and specific traffic volume. This amendment removes the vehicle count and number of lanes conditions and replaces them with a more usable standard which is based on the difficulty of fire operations across the median since the standards do not address the width of the median, intervening features such as transportation stops or grade differentials and is administrative in nature.

48. Adding Section CC106 to the California Fire Code indicating that the Fire Code Official shall specify the permissible type of fire hydrants. CFC Section 507.2.1 indicates that the fire hydrants and mains shall comply with NFPA 24. Chapter 7, Section 7.1.1 of NFPA 24 specifies that all fire hydrants shall be an approved type. This amendment is, therefore, an administrative clarification.

49. Amending Sections 250.52(A)(5) and 250 (A)(7) of the California Electrical Code which requires increased protection for the size of buried electrical grounds due to the geological condition that corrosive soils are notably present within and around the city limits of the City of Tracy which corrode and destroy such grounding at an accelerated rate.

50. Amending Section R105.2 item 1 of the California Residential Code clarifying the building height of permit-exempted one-story detached accessory structures. This amendment is administrative in nature.

51. Amending Section R105.2 item 2 of the California Residential Code identifying specific fence types that are not exempt from a permit. This amendment is administrative in nature.

52. Amending Section R105.3.2 of the California Residential Code clarifying the time limitations for plan review applications and permissible extensions. This amendment is administrative in nature.

53. Amending Section R105.5 of the California Residential Code clarifying the time limits for building permits and permissible extensions. This amendment is administrative in nature. 5 54. Amending Table R301.2(1) of the California Residential Code by inputting jurisdictional specific information into the table (design criteria). This amendment is administrative in nature.

55. Amending Section R319.1 of the California Residential Code clarifying the requirements for address identification. This amendment is due to the local climatic and topographical conditions that create a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The inclusion of these requirements will enable a quicker response by our Fire Department to an emergency fire event.

56. Amending AZ108.2.4 of the California Residential Code by requiring guardrail heights located at lofts to coincide with other provisions of the current California Residential Code. This amendment is administrative in nature.

57. Amending Section 104.3.3 of the California Plumbing Code clarifying the time limits for plan review applications and permissible extensions. This amendment is administrative in nature.

58. Amending Section 104.4.3 of the California Plumbing Code clarifying the time limits for plumbing permits and permissible extensions. This amendment is administrative in nature.

59. Amending Section 104.4.4 of the California Plumbing Code clarifying extensions for plumbing permits. This amendment is administrative in nature.

60. Amending Section 106.3 of the California Plumbing Code by modifying the text of subsection 106.3 for penalties and violations. This amendment is administrative in nature.

61. Amending Section 104.3.3 of the California Mechanical Code clarifying the time limits for plan review applications and permissible extensions. This amendment is administrative in nature.

62. Amending Section 104.4.3 of the California Mechanical Code clarifying the time limits for mechanical permits and permissible extensions. This amendment is administrative in nature.

63. Amending Section 104.4.4 of the California Mechanical Code clarifying the extensions for mechanical permits. This amendment is administrative in nature.

64. Amending Section 106.3 of the California Mechanical Code by modifying the text of subsection 106.3 for penalties and violations. This amendment is administrative in nature.

65. Amending Section 105.3.2 of the California Existing Building Code clarifying the time limits for plan review applications and permissible extensions. This amendment is administrative in nature.

66. Amending Section 105.5 of the California Existing Building Code clarifying the time limits for building permits and permissible extensions. This amendment is administrative in nature.

67. Amending Section 113.4 of the California Existing Building Code by modifying the text of subsection for penalties and violations. This amendment is administrative in nature. 2022 California Building Standards
Code Adoption
December 6, 2022
Presented by Christopher Morgan
City of Tracy Building Official
Attachment C
2 Objectives
• Adopt an Ordinance repealing the
2019 California Building Codes,
and replace with the 2022
California Building Codes,
codifying them in Title 9 of the
Tracy Municipal Code;
• Adopt local amendments to the
2022 California Building Codes
and Standards based on Tracy’s
local climatic, geological and
topographical conditions
California Building Standards Code
“Title 24”
• Published triennially by
the CA Building
Standards Commission
• Cities required by law
to adopt and enforce
within 180 days of
publishing (or shortly
after)
• Applies to permits for
any building or
structure on/after
January 1, 2023
3 Local Amendments
• Adopted by local ordinance
• Must be based on findings made about geologic,
topographic, and climatic factors
4 5
Findings for Local
Amendments:

Proximity to Earthquake Faults and
Potential Impacts of Seismic Activity
Findings for Local Amendments:
6 Fire Risk and Expansive/Corrosive Soils

7 Proposed Local Amendments
and Appendices Include:
• Floodplain regulations update for
General Plan consistency
• Construction standards for
emergency housing
• Clarified fence permit exemptions for
drowning prevention and to address
seismic activity concerns
• Clarified building permit exemption
for one-story >120’ detached
structures to meet wind and seismic
demands
• Editorial changes for consistency
and readability
Council Action
8 Staff recommends that the City Council adopt an ordinance:
1) repealing the 2019 edition of the California Building Code, Fire Code, Mechanical Code, Plumbing Code, Energy Code, Residential Code, Existing Building Code, Green Standards Building Code, and the Historic Building Code, all codified under Tracy Municipal Code Title 9;
2) making findings to substantiate modifications to the 2022 California Building Codes and Standards, due to local climatic, geological or topographical conditions; 3) adopting, with local amendments, the 2022 California Building Codes and Standards, and codifying the same as Tracy Municipal Code Title 9; 4) adopting Appendices C, F, H, I, K, P under the California Building Code, Appendices D and G under the Mechanical Code, Appendices A, B, C, D, E, G, H, I, J and K under the Plumbing Code, Appendices H, I, O, R, S, W, Y, Z under the Residential Code, Appendix A under the Historical Building Code, and Appendices B, BB, C, CC, D, F, H, L, N, and O under the Fire Code, and codifying the same as Tracy Municipal Code Title 9; and
5) adopting California Environmental Quality Act Exemption Findings Introduce and waive the full reading of an Ordinance adopting the 2022 California Building, Fire, and related codes, specifying which appendices apply to the City of Tracy.
2022 California Building Standards
Code Adoption
December 6, 2022
Presented by Christopher Morgan
City of Tracy Building Official

APPROVED AS TO FORM AND LEGALITY
________________________
CIT
Y ATTORNEY’S OFFICE
TRAC

Y CITY COUNCIL
RES
OLUTION 2022-_____
SET

TING FORTH FINDINGS TO SUPPORT LOCAL AMENDMENTS TO THE
2022 CALIFORNIA CODE OF REGULATIONS, TITLE 24 PARTS 1-12, BY THE

BUILDING SAFETY DIVISION OF THE DEVELOPMENT SERVICES

DEPARTMENT AND THE COMMUNITY RISK REDUCTION DIVISION OF THE SOUTH SAN JOAQUIN COUNTY FIRE AUTHORITY. THE ADOPTION OF THIS ORDINANCE IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061 (B)(3), THE "COMMON SENSE" EXEMPTION BECAUSE ADDING AND CLARIFYING

LANGUAGE RELATED TO THE APPLICABILITY OF BUILDING CODES AFFECTS THE PROCESSING AND ISSUANCE OF MINISTERIAL PERM ITS.

MINISTERIAL PERMITS ARE ALSO EXEMPT FROM CEQA UNDER CEQA GUIDELINES SECTION 15268.

WHEREAS, Health and Safety Code Section 17958 provides that the City of Tracy (“City”) shall adopt Ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State of California pursuant to Health and Safety Code Section 17922; and
WHERE
AS, Health and Safety Code Section 17958.5 permits the City to make modifications or changes to the requirements contained in the provisions published in the California Building Standards Code and other regulations adopted pursuant to Health and Safety Code Section 17922 (hereinafter “Codes”); and
WHERE
AS, Health and Safety Code Section 17958.7(a) requires that the City Council, before making any modifications or changes to the Codes, shall make an express finding that such changes or modifications are reasonably necessary because of local climactic, geographic, or topographic conditions; and
WHERE
AS, Staff recommends that the City Council introduce an ordinance adopting, by reference, the 2022 California building and related codes, specifying which appendices apply to the City of Tracy, re-adopting certain existing sections of title 9 of the Tracy Municipal Code, adopting local standards related to emergency housing, straw-clay construction, corrosive soils, exterior pallet storage, radio amplification systems, other emergency responder requirements and flood plain regulations and set a public hearing date and time for adoption of the ordinance; now, therefore, be it
R
ESOLVED: That the City Council of the City of Tracy makes the following findings supporting the local amendments to the California Code of Regulations, Title 24 Parts 1-12:

Resolution 2022-_____

1. Amending Section 105.2 item 1 of the California Building Code clarifying building height of permit-exempted one-story detached accessory structures. This amendment is administrative in nature.

2. Amending Section 105.2 item 2 of the California Building Code specifying specific fence types that are not exempt from a building permit. This amendment is administrative in nature.

3. Amending Section 105.3.2 of the California Building Code clarifying the time limitations for permit applications. This amendment is administrative in nature.

4. Amending Section 105.5 of the California Building Code clarifying the process and time limits for extensions to permits. This amendment is administrative in nature.

5. Amending Section 502.1 of the California Building Code clarifying the requirements for address identification. This amendment is due to the local climatic and topographical conditions that create a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The inclusion of these requirements will enable a quicker response by our Fire Department to an emergency fire event.

6. Amending Section 1808A.6.1 of the California Building Code clarifying the requirements for slabs-on-grade. This amendment is due to geological strata of expansive soils and that is intended to address the differential volume changes of soil and to prevent horizontal and vertical displacement of the slab.

7. Amending Section P108.2.4 of the California Building Code by requiring guardrail heights located at lofts to coincide with current California Residential Code requirements.

This amendment is administrative in nature.

8. Amending Section 103.1 of the California Fire Code specifying the South San Joaquin County Fire Authority is the agency responsible for the implementation, administration, and enforcement of the Fire Code. This amendment is administrative in nature.

9. Repealing Section 103.2 of the California Fire Code regarding the appointment of the fire code official. This amendment is administrative in nature.

10. Amending Section 105.2.3 of the California Fire Code clarifying the time limits for permit applications. This amendment is administrative in nature.

11. Amending Section 105.3.2 of the California Fire Code clarifying the process and time limits for extensions to permits. This amendment is administrative in nature.

12. Amending Section 105.5.5 of the California Fire Code adding the text to include festivals and exhibitions. This amendment is administrative in nature.

13. Adding Section 105.5.55 to the California Fire Code expanding operation permit requirements for both temporary and permanent operation of Christmas tree lots, haunted houses, and corn mazes. This amendment is administrative in nature.

14. Adding Section 105.5.56 to the California Fire Code expanding operation permit requirements for facilities equipped with emergency responder radio coverage systems.

This amendment is administrative in nature.

15. Adding Section 105.5.57 to the California Fire Code expanding operation permit requirements for indoor growing operations with the exception of agricultural greenhouses in an agricultural zone. This amendment is administrative in nature.

16. Adding Section 105.5.58 to the California Fire Code expanding operation permit requirements for retail cannabis operations. This amendment is administrative in nature.

17. Addition Section 106.2.1.1 to the California Fire Code requiring the submission of a detail page for emergency responder data files. This amendment is administrative in nature.

18. Adding Section 107.7 to the California Fire Code specifying when reinspection fees may be assessed. This amendment is administrative in nature.

Resolution 2022-_____

19. Amending Section 202 of the California Fire Code clarifying the definition of “False Alarm”. This amendment is administrative in nature.

20. Amending Section 112.4 of the California Fire Code clarifying the violations and penalties provisions. This amendment is administrative in nature.

21. Amending Sections 315.7.2 and 315.7.3 to the California Fire Code the distances from lot lines and storage heights of pallets, palletized packing boxes, and bin boxes. This amendment is due to climatic and topographical conditions where summer weather conditions that are very dry, hot and windy causing ordinary combustibles to be easily ignited and fires to be fast spreading. And the area is intersected by Interstates 5, 205, and 580 and experiences a large volume of commuter traffic that can delay fire and emergency service response.

22. Adding Sections 315.7.8.1 through 315.7.8.5 to the California Fire Code requiring specific limitations on the exterior storage of pallets, palletized packing boxes, and bin boxes due to the significant local hazard of wind-driven fires. The local climatic and topographic condition creates a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The inclusion of these requirements for limitations on placement, pile height and pile size, fire access, fencing and water supply will mitigate the added danger posed to the citizens and properties of the City of Tracy.

23. Adding Section 401.5.1 to the California Fire Code specifying recovery costs for responding to false alarms. This amendment is administrative in nature.

24. Amending Section 503.6 of the California Fire Code clarifying the requirements for access where electrically operated gates are provided. This amendment is administrative in nature.

25. Amending Section 505.1 of the California Fire Code clarifying the requirements for address identification on new and existing buildings. This amendment is due to the local climatic and topographical conditions that create a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The inclusion of these requirements will enable a quicker response by our Fire Department to an emergency fire event.

26. Amending Section 506.1 of the California Fire Code clarifying the requirements for the type and placement of key boxes. This amendment is administrative in nature and provides information that is lacking in the Fire Code, where the Fire Code points to local authority requirements.

27. Adding Section 506.3 to the California Fire Code requiring that a hazardous material plan box be provided due to the significant local hazard of wind-driven fires. The local climatic and topographic condition creates a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The inclusion of hazardous materials plan boxes mitigates this issue by providing for faster more precise response by fire service responders by having immediate access to information thereby saving time and properly deploying Fire Department resources.

28. Adding Section 509.3 to the California Fire Code requiring that all buildings protected by automatic fire extinguishing systems be provided with a Fire Control Room due to the significant local hazard of wind-driven fires. The local climatic and topographic condition creates a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The inclusion of control rooms provides for faster more precise response by fire service responders as well as providing exposure protection for fire service equipment not addressed elsewhere in the code.

Resolution 2022-_____

29. Adding Section 603.1.3 to the California Fire Code requiring that the main electrical for any commercial building be accessible for shut off from outside the building or in a room directly accessible from outside the building due to the significant local hazard of wind- driven fires. The local climatic and topographic condition creates a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The inclusion of an exterior shut off or shut offs in a room directly accessible from outside the building provides for faster more precise response by fire service responders.

30. Adding Section 901.6.3.2 to the California Fire Code requiring fire protection system reports be submitted using the electronic media designated by the Fire Authority. This amendment is administrative in nature.

31. Adding Section 903.2.22 to the California Fire Code requiring fire sprinklers in a variety of buildings due to the climatic condition of low water table and minimal rainfall. The use of automatic fire sprinklers has been documented to show that suppressing an equivalent fire requires approximately only 1/3 the required water flow by direct application at the incipient stage of the fire rather than subsequent application of hose streams.

32. Amending Section 903.3.6 to the California Fire Code requiring fire hose threads and fitting used in the connection with automatic fire sprinkler systems to be “National Hose” (NH). This amendment is administrative in nature.

33. Amending Section 912.2.1 to the California Fire Code requiring a fire hydrant to be positioned with 100 feet of a fire department connection. The local climatic and topographic condition creates a wind tunnel effect increasing the speed at which fires spread.

34. Amending Section 912.5 of the California Fire Code identifying requirements for proper signs indicating which portion of a building or building on a multiple building site for which an FDC serves. The local climatic and topographic condition creates a wind tunnel effect increasing the speed at which fires spread. If an FDC is not properly identified as to which building it serves, critical operational time is lost.

35. Adding Section 913.7 to the California Fire Code to read, “Where fire pumps are provided, a test loop shall be installed in accordance with the applicable portions of NFPA 20 Section 4.21.2.” This amendment is due to the climatic condition of low water table and minimal rainfall. The use of a test loop for performing the annual testing of fire pumps reduces water usage that will further affect the water table and create possible water shortages for necessary firefighting.

36. Amending Section 1103.2 of the California Fire Code specifying in detail the thresholds for the enforcement for radio coverage in existing buildings. This amendment is administrative in nature.

37. Adding Chapter 25 of the California Fire Code. Building standards not adopted by the California State Fire Marshal require local jurisdictions to adopt to enforce the provisions.

This amendment is administrative in nature.

38. Adding Chapter 26 of the California Fire Code. Building standards not adopted by the California State Fire Marshal require local jurisdictions to adopt to enforce the provisions.

This amendment is administrative in nature.

39. Amending section 5704.2.9.6.1 to clarify the geographical areas storage of flammable and combustible liquids are prohibited. This amendment is administrative in nature and provides information where the Fire Code points to local authority requirements.

Resolution 2022-_____

40. Amending section 5706.2.4.4 to clarify the geographical areas storage of flammable and combustible liquids are prohibited. This amendment is administrative in nature and provides information where the Fire Code points to local authority requirements.

41. Amending section 5806.2 to clarify the geographical areas storage of flammable gases and flammable cryogenic fluids are prohibited. This amendment is administrative in nature and provides information where the Fire Code points to local authority requirements.

42. Amending section 6104.2 to clarify the geographical areas storage of liquefied petroleum gases are restricted. This amendment is administrative in nature and provides information where the Fire Code points to local authority requirements.

43. Adding Section B105.2 Exception 5 to the California Fire Code specifying the conditions for the reduction of fire flow. The local climatic and topographic conditions create a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The limiting of the reduction of fire flow will help to mitigate the added danger posed to the citizens and properties of the City of Tracy.

44. Amending Section BB105.1 of the California Fire Code specifying the conditions for use of Exception 1 to reduce fire flow. The local climatic and topographic conditions create a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The limiting of the reduction of fire flow will help to mitigate the added danger posed to the citizens and properties of the City of Tracy.

45. Adding Section C106 to the California Fire Code indicating that the Fire Code Official shall specify the permissible type of fire hydrants. CFC Section 507.2.1 indicates that fire hydrants and mains shall comply with NFPA 24. Chapter 7, Section 7.1.1 of NFPA 24 specifies that all fire hydrants shall be an approved type. This amendment, therefore, is an administrative clarification.

46. Amending Table C102.1 footnote b of the California Fire Code altering the conditions for use of footnote b. CFC Table C102.1 footnote b, provides fire hydrant spacing and flow conditions for streets with medians based upon the number of lanes and specific traffic volume. This amendment removes the vehicle count and number of lanes as conditions and replaces them with a more usable standard which is based on the difficulty of fire operations across the median since the standards do not address the width of the median, intervening features such as transportation stops or grade differentials and is administrative in nature.

47. Amending Table CC105.1 footnote b to the California Fire Code altering the conditions for use of footnote b. CFC Table CC105.1 footnote b, provides fire hydrant spacing and flow conditions for streets with medians based upon the number of lanes and specific traffic volume. This amendment removes the vehicle count and number of lanes conditions and replaces them with a more usable standard which is based on the difficulty of fire operations across the median since the standards do not address the width of the median, intervening features such as transportation stops or grade differentials and is administrative in nature.

48. Adding Section CC106 to the California Fire Code indicating that the Fire Code Official shall specify the permissible type of fire hydrants. CFC Section 507.2.1 indicates that the fire hydrants and mains shall comply with NFPA 24. Chapter 7, Section 7.1.1 of NFPA 24 specifies that all fire hydrants shall be an approved type. This amendment is, therefore, an administrative clarification.

49. Amending Sections 250.52(A)(5) and 250 (A)(7) of the California Electrical Code which requires increased protection for the size of buried electrical grounds due to the geological condition that corrosive soils are notably present within and around the city Resolution 2022-_____

limits of the City of Tracy which corrode and destroy such grounding at an accelerated rate.

50. Amending Section R105.2 item 1 of the California Residential Code clarifying the building height of permit-exempted one-story detached accessory structures. This amendment is administrative in nature.

51. Amending Section R105.2 item 2 of the California Residential Code identifying specific fence types that are not exempt from a permit. This amendment is administrative in nature.

52. Amending Section R105.3.2 of the California Residential Code clarifying the time limitations for plan review applications and permissible extensions. This amendment is administrative in nature.

53. Amending Section R105.5 of the California Residential Code clarifying the time limits for building permits and permissible extensions. This amendment is administrative in nature.

54. Amending Table R301.2(1) of the California Residential Code by inputting jurisdictional specific information into the table (design criteria). This amendment is administrative in nature.

55. Amending Section R319.1 of the California Residential Code clarifying the requirements for address identification. This amendment is due to the local climatic and topographical conditions that create a wind tunnel effect increasing the speed at which fires spread and increasing exposure hazards to structures. The inclusion of these requirements will enable a quicker response by our Fire Department to an emergency fire event.

56. Amending AZ108.2.4 of the California Residential Code by requiring guardrail heights located at lofts to coincide with other provisions of the current California Residential Code. This amendment is administrative in nature.

57. Amending Section 104.3.3 of the California Plumbing Code clarifying the time limits for plan review applications and permissible extensions. This amendment is administrative in nature.

58. Amending Section 104.4.3 of the California Plumbing Code clarifying the time limits for plumbing permits and permissible extensions. This amendment is administrative in nature.

59. Amending Section 104.4.4 of the California Plumbing Code clarifying extensions for plumbing permits. This amendment is administrative in nature.

60. Amending Section 106.3 of the California Plumbing Code by modifying the text of subsection 106.3 for penalties and violations. This amendment is administrative in nature.

61. Amending Section 104.3.3 of the California Mechanical Code clarifying the time limits for plan review applications and permissible extensions. This amendment is administrative in nature.

62. Amending Section 104.4.3 of the California Mechanical Code clarifying the time limits for mechanical permits and permissible extensions. This amendment is administrative in nature.

63. Amending Section 104.4.4 of the California Mechanical Code clarifying the extensions for mechanical permits. This amendment is administrative in nature.

64. Amending Section 106.3 of the California Mechanical Code by modifying the text of subsection 106.3 for penalties and violations. This amendment is administrative in nature.

65. Amending Section 105.3.2 of the California Existing Building Code clarifying the time limits for plan review applications and permissible extensions. This amendment is administrative in nature.

Resolution 2022-_____

66. Amending Section 105.5 of the California Existing Building Code clarifying the time limits for building permits and permissible extensions. This amendment is administrative in nature.

67. Amending Section 113.4 of the California Existing Building Code by modifying the text of subsection for penalties and violations. This amendment is administrative in nature.

SECT
ION 1. Department coordination included Fire Department review.

SECT
ION 2. The adoption of this ordinance is exempt from CEQA pursuant to section 15061 (b)(3), the "common sense" exemption because adding and clarifying language related to the applicability of building codes affects the processing and issuance of ministerial permits. Ministerial permits are also exempt from CEQA under CEQA Guidelines Section 15268.

The aforementioned amendments have been incorporated in detail in Ordinance _____; and be it
FURTHE
R RESOLVED: That the Building Division of the Development Services Department shall file copies of Resolution 2022-_____ and Ordinance _____ with the California Building Standards Commission as required by Health and Safety Code Section 17958.7. * * *
* * * * * * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on the 6th day of December 2022 by the following vote:

AYES: CO
UNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY
D. YOUNG
Mayor of the City of Tracy, California
ATTEST:

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
December 6, 2022
Agenda Item 3.C

RECOMMENDATION
Staff recommends that the City Council adopt a resolution: (1) dispensing, retroactively and prospectively, the bidding requirements under the Ca lifornia Public Contract Code (PCC) and Tracy Municipal Code (TMC) Section 2.20.260 for construction of interim housing solutions to address the Cit y of Tra cy’s shelter emergency (previously declared under Resolution No. 2022-12 1 and Cal ifornia Government Code Section 8698.4); (2) authorizing the Ci ty Ma nager to take any directly related and immediate actions required by the shelter emergency, without giving notice for bids to let contracts, pursuant to PCC Se ction 22050 and TMC section 2.20.270(a); and (3) adopting requisite findings under the California Environmental Quality Act.

EXECUTIVE SUMMARY
On March 10, 2020, the Tracy City Council (Council) adopted Resolution No. 2020-050, which declared
a shelter crisis pursuant to California Government Code Section 8698.2. For the next two years, the City of Tracy (City) actively pursued the development and construction of a temporary housing shelter on
City-owned land located on Arbor Avenue to serve as an ongoing full-service temporary housing solution for the City’s unsheltered (Temporary Emergency Housing Project, CIP 71112). During this period, the City designed the facility and nearly completed Phase I of the Temporary Emergency Housing Project, consisting of groundwork and utility construction, and had anticipated opening the Temporary Emergency Housing Project by December 2022. However, in the summer of 2022, the City incurred a significant setback, after opening bids for the installation of the predesigned and prefabricated housing structure.

On August 16,
2022, after learning of the delay in constructing the Temporary Housing Shelter, the ongoing threat to the health and safety of the unsheltered population, and in anticipation of the necessity to protect the unsheltered from exposure to harsh weather conditions from the upcoming winter season, the Council adopted Resolution No. 2022-121 (Resolution), which reaffirmed an emergency shelter crisis, pursuant to California Government Code 8698.4, to immediately address the increasing
number of unsheltered individuals within the City. In addition to the declaration of the shelter emergency, the Resolution authorized the City Manager to take requisite actions needed to expeditiously provide
interim housing solutions and dispensed the City’s competitive bidding requirements for professional services, pursuant to Tracy Municipal Code (TMC) Section

2.20.140(b)(6).

At the time of adopting the Resolution, the City was exploring the leasing of fully constructed modular units to
locate on Arbor Road and did not anticipate undertaking additional construction activities at the site. However, due to various site constraints and logistical issues, the City was forced to rapidly undertake certain
construction activities to install the units and operate them with adequate health and safety protections.

Agenda Item 3.C
December 6, 2022

California
Public Contract Code Section 22050 provides that, in the case of an emergency, a public agency, pu
rsuant to a four-fifths vote, may take any directly related and immediate action required for that emergency, and procure the necessary equipment, services, and supplies for those purposes, w
ithout giving notice for bids to let contracts. Section 22050 also allows a public agency, pursuant
to a four-fifths vote, to delegate, by resolution, to the City Manager the authority to order any action required for the emergency. Given the ongoing shelter crisis, the ongoing threat to the health and safety
of the unsheltered population, and the imminent weather conditions of the upcoming winter
season, staff requests that the Council dispense, for past actions and future actions, bidding
requirements pursuant to California Public Contract Code Section 22050, delegate to the City Manager the authority to order any action required for the emergency, and dispense bidding requirements under TMC section 2.20.270(a).

BACKGROUND AND LEGISLATIVE HISTORY
On March 10, 2020, the City Council adopted Resolution No. 2020-050, which declared a shelter crisis pursuant to Government Code Section 8698.2. On September 1, 2020, Council authorized the creation of a Capital Improvement Project (CIP) for the Temporary Emergency Housing Project on Arbor
Avenue, CIP 71112, to create a safe and dignified facility for residents experiencing homelessness. Phase 1 of the CIP, which included demolition of an existing structure, installation of underground utilities and grading, began in early 2022 and is nearly completed. Phase 2, which is to include the installation of above-ground prefabric ated structures, additional utility improvements, and construction of roads, permanent fencing, and sidewalks was to begin in summer 2022. Only one bid was
received, and the bid was deemed non-responsive, because the required federal compliance forms w
ere not included in the bid packet. The bid also significantly exceeded the engineers’ es
timate. On August 16, 2022, staff recommended that Council reject the single bid received for
the Temporary Emergency Housing Project and authorize staff to re-advertise and rebid the project. With the devastating setback, on August 16, 2022, the City Council adopted Resolution No. 2022-121 (Resolution), which reaffirmed an emergency shelter crisis as the City of Tracy continues
to experience an increasing number of unsheltered individuals. Due to the declaration of an emergency, the Resolution authorized the City Manager to take requisite actions needed to expeditiously provide interim housing solutions. The Resolution also dispensed competitive bidding requirements for professional services pursuant to Tracy Municipal Code Section 2.20.140(b)(6).

ANALYSIS
Given the complexity and magnitude of the homelessness crisis, further exacerbated by the COVID
-19 pandemic, and the limited supply of affordable permanent housing options in the City and throughout
San Joaquin County, there is a significant and immediate need for interim housing solutions in the City, including interim emergency housing. Concerns about the public health, safety, and welfare
of unsheltered individuals grows as the months progress and winter conditions approach
without options to shelter the unhoused. These conditions leave individuals without access to basic needs like shelter, food, water, and sanitation. The delay in the construction on the Temporary Emergency Housing Project has exasperated the need for immediate and urgent housing solutions,especially as the City's unsheltered population continues to increase.

Agenda Item 3.C
December 6, 2022

To address these growing concerns, the City has focused on developing a targeted response to the homelessness crisis and has mobilized its departments to provide services above and beyond those previously available to homeless individuals. Since the adoption of the Resolution and in accordance with Council direction,
the City Manager has executed several contracts under the authority of the Resolution 2022
-121 and the Tracy Municipal Code. To fully inform the City Council and the public, an initial lis
t of procurements of goods and services were ratified by the City Council on November 1, 2022, under
Resolution 2022-162. Additional expenses for the interim solutions will be presented to the City
Council on the December 6, 2022, agenda, for consideration and approval. These immediate procurements have prevented further delay that would exasperate the ongoing impacts to life, health
, and property in the upcoming winter months, and, significantly, have resulted in providing 48 beds for
individuals as of November 14, 2022, and another 39 beds anticipated to be available by the end of January 2023.

The Resolution, adopted
on August 16, 2022, directed the City Manager to take immediate and emergency actions necessary to implement interim housing solutions for Tracy’s unsheltered population until the
completion and opening of the Temporary Emergency Housing Project on Arbor Road. It also waived the competitive bidding requirements for professional services under the TMC, relating to the implementation of interim housing solutions. As noted above, at the time of adopting the Resolution 2022-121 the City was exploring the leasing of fully constructed modular units to locate on Arbor Road
and did not anticipate undertaking additional construction activities at the site beyond what had
already been completed as part of Phase 1 of the Temporary Emergency Housing Project. However, due to various site constraints and logistical issues, the City was forced to rapidly undertake ce
rtain construction activities to install the units and operate them with adequate health and safety protections.

California Public Contract
Code Section 22050 and Tracy Municipal Code Section 2.20.260 set forth the bidding requirements for
public projects. This bidding process for construction contracts is an extensive process that requires several months to properly complete. As noted above, at the time of adopting the Resolution
2022-121, the City was exploring the leasing of fully constructed modular units to locate on Arbor Road and did not anticipate undertaking additional construction activities at the site beyond what had already been completed as part of Phase 1 of the Temporary Emergency Housing Project. However, due to various site constraints and logistical issues, additional construction work did become necessary at the site. Adherence to the normal bidding process would have
further delayed and hindered the City’s ability to expeditiously provide interim housing solutions to the unsheltered and exacerbate the ongoing impacts to life, health, and safety of the unsheltered population
, especially in the upcoming winter months. As such, the City was forced to rapidly undertake
certain construction activities to install the units and operate them with adequate health and safety protections.

California Public Contract Code Section 22050 provides that, in the case of an emergency, a public agency, pursuant
to a four-fifths vote, may take any directly related and immediate action required for that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. Section 22050 also allows a public agency, pursuant
to a four-fifths vote, to delegate, by resolution, to the City Manager the authority to order Agenda Item 3.C
December 6, 2022

any
action required for the emergency. Given the ongoing shelter crisis, the significant delay in the completion of the Temporary Emergency Housing Project, the ongoing threat to the health and safety of the unsheltered population, and the imminent weather conditions of the upcoming winter season, staff requests that City Council dispense bidding requirements pursuant to Public Contract Code Section 22050,
delegate to the City Manager the authority to order any action required for the emergency, and dispense bidding requirements under TMC section 2.20.270(a) to allow the City to continue providing housing solutions for the unsheltered population.

FISCAL
IMPACT
The Temporary Emergency Housing Project, CIP 71112, has a total project budget of $10,013,851 and is funded by the General Fund and various grants, including American Rescue Plan Act (ARPA) and Community Development Block Grants (CDBG). Funding for the interim solution and operation of the
shelter is funded by the General Fund and American Rescue Plan Act (ARPA) funds.

PUBLIC OUTREACH/ INTEREST
A Town Hall style activity was conducted at the Homeless Advisory Committee meeting on August 22, 2022. At this meeting the community gave feedback and support for solutions to Tracy’s shelter crisis. Regular updates also have been provided to the Homeless Advisory Committee since August 2022.

COORDINATION
Coordinated
efforts between City departments continue, including the Public Works Department, South County Fire Authority, Tracy Police Department, and the Code Enforcement team to proactively address issues related to homelessness and providing bi-weekly park clean-ups. These clean-ups also serve as an opportunity to educate the unsheltered population on available resources in the community and the upcoming transition plan once the shelter sites a re onboard.

CEQA DETERMINATION
Government Code section 8698.4 exempts the application of the California Environmental Quality Act (CEQA)
to various actions taken by public agencies to implement the construction of a homeless shelter in response to a declared shelter crisis. In addition, the interim solutions taken thus far are in furtherance of and related to the permanent solution that will be implemented, referred to as the Temporary Emergency Housing Project on Arbor Avenue (CIP 71112). A Notice of Exemption was issued on October
16, 2020, for the Temporary Emergency Housing Project at 500 Arbor Avenue in accordance with Government Code sections 65660-65662 for Low Barrier navigation Centers and Section 15269c) of the CEQA Guidelines (14 Cal. Code Regs. 15269(c) for Emergency Projects).

No environmental
impacts beyond those already analyzed for the CIP exist; accordingly, no further CEQA analysis is needed.

STRATEGIC PLAN
This agenda item supports the Public Safety Strategic Priority, Implement the adopted Homelessness Strategic Plan.

Agenda Item 3.C
December 6, 2022

ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a resolution: (1) dispensing, retroactively and prospectively, the
bidding requirements under the California Public Contract Code (PCC) and Tracy Municipal Code (TMC) Section 2.20.260 for construction of interim housing solutions to address the City of Tracy’s shelter emergency (previously declared under Resolution No.
2022-121 and California Government Code Section 8698.4); (2) authorizing
the City Manager to take any directly related and immediate actions required by the shelter emergency, without giving notice for bids to let contracts, pursuant to PCC
Section 22050 and TMC section 2.20.270(a); and (3) adopting requisite findings under the California Environmental Quality Act.

Prepared by: Karin Schnaider, Assistant City Manager
Reviewed by: Sara Cowell, Director of Finance
Approved by: Michael Rogers, City Manager

APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE

TRACY CITY COUNCIL
RES
OLUTION 2022-_____
(1)

DISPENSING, RETROACTIVELY AND PROSPECTIVELY, THE BIDDING

REQUIREMENTS UNDER THE CALIFORNIA PUBLIC CONTRACT CODE
(PCC) AND TRACY MUNICIPAL CODE (TMC) SECTION 2.20.260 FOR

CONSTRUCTION OF INTERIM HOUSING SOLUTIONS TO ADDRESS THE CITY OF TRACY’S SHELTER EMERGENCY (PREVIOUSLY DECLARED UNDER RESOLUTION NO. 2022-121 AND CALIFORNIA GOVERNMENT CODE SECTION 8698.4);
(2) AUTHORIZING THE CITY MANAGER TO TAKE ANY DIRECTLY RELATED

AND IMMEDIATE ACTIONS REQUI RED BY THE SHELTER EMERGENCY,

WITHOUT GIVING NOTICE FOR BIDS TO LET CONTRACTS, PURSUANT TO PCC SECTION 22050 AND TMC SECTION 2.20.270(A); AND
(3) ADOPTING REQUISITE FINDINGS UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHERE
AS, on March 10, 2020, the Tracy City Council (Council) adopted Resolution No. 2020-050, which declared a shelter crisis pursuant to California Government Code Section 8698.2; and
WHERE
AS, for the next two years, the City of Tracy (City) actively pursued the development and construction of a temporary housing shelter on City-owned land located on Arbor Avenue to serve as an ongoing full-service temporary housing solution for the City’s unsheltered (Temporary Emergency Housing Project, CIP 71112); and WHERE
AS, during this period, the City designed the facility and nearly completed Phase I of the Temporary Emergency Housing Project, consisting of groundwork and utility construction, and had anticipated opening the Temporary Emergency Housing Project by December 2022; and
WHERE
AS, in the summer of 2022, the City experienced a significant setback after the opening of bids for the installation of the sprung structure, which would cause a significant delay in the completion of the Temporary Emergency Housing Project; and WHERE
AS, on August 16, 2022, due to this significant delay, the ongoing threat to the health and safety of the unsheltered population, and in anticipation of the necessity to protect the unsheltered from exposure to harsh weather conditions during the upcoming winter season, Council adopted Resolution No. 2022-121 (Resolution), which reaffirmed an emergency shelter crisis, pursuant to California Government Code 8698.4, to immediately address the increasing number of unsheltered individuals within the City; and
WHERE
AS, the Resolution also authorized the City Manager to take actions needed to expeditiously provide interim housing solutions and dispensed the City’s competitive bidding Resolution 2022-____

requirements for professional services, pursuant to Tracy Municipal Code (TMC) Section

2.20.140(b)(6); and
WHERE
AS, during this time the City was also exploring the leasing and purchasing of fully constructed modular units to locate on Arbor Road and did not anticipate undertaking additional construction activities at the site; and
WHERE
AS, due to various site constraints and logistical issues, the City was forced to rapidly undertake certain construction activities to install the units and operate them with adequate health and safety protections; and
WHERE
AS, California Public Contract Code (PCC) Section 22050 provides that, in the case of an emergency, a public agency, pursuant to a four-fifths vote, may take any directly related and immediate action required for that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and
WHERE
AS, PCC Section 22050 also allows a public agency, pursuant to a four-fifths vote, to delegate, by resolution, to the City Manager the authority to order any action required for the emergency; and
WHERE
AS, PCC Section 22050(c)(1) requires the City to report on the emergency at its next regularly scheduled meeting and every 14 days thereafter until the emergency is terminated; and
WHERE
AS, TMC section 2.20.270(a) dispenses the bidding requirements for public projects defined under the PCC in the event of an emergency, and authorizes the City Manager to take any action required for the emergency; and now therefore be it RESOL
VED: That the City Council hereby finds and determines that the City of Tracy is experiencing an emergency as specified in PCC Section 22050 due to the growing unsheltered population in the City, the ongoing threat to the health and safety of the unsheltered population, and the imminent threat of exposure to harsh weather conditions during the upcoming winter season; and be it
FURTHE
R RESOLVED: That the City Council hereby finds and determines that there is substantial evidence that the emergency will not permit a delay resulting from a competitive solicitation of bids, and that dispensing the bidding requirements is necessary to respond to the emergency and to provide interim housing solutions to the unsheltered population; and be it FURTHE
R RESOLVED: That the City Council hereby retroactively and prospectively dispenses the competitive bidding requirements under the PCC pursuant to its authority under PCC Section 22050 due to this emergency; and be it
FURTHE
R RESOLVED: That the City Council hereby delegates to the City Manager the authority to order any action required for the emergency pursuant to PCC Section 22050(b); and be it
FURTHE
R RESOLVED: That the City Council hereby dispenses the City of Tracy’s bidding requirements for public projects defined under the PCC in the event of an emergency Resolution 2022-____

pursuant to Tracy Municipal Code section 2.20.270(a), and authorizes the City Manager to take any action required for the emergency; and be it

FURTHER RE
SOLVED: That the City Council finds and determines that Government Code section 8698.4 exempts the application of the California Environmental Quality Act (CEQA) to various actions taken by public agencies to implement the construction of a homeless shelter in response to a declared shelter crisis, the interim solutions taken thus far are in furtherance of and related to the permanent solution that will be implemented, referred to as the Temporary Emergency Housing Project on Arbor Avenue (CIP 71112), a Notice of Exemption was issued on October 16, 2020, for the Temporary Emergency Housing Project in accordance with Government Code sections 65660-65662 for Low Barrier navigation Centers and Section 15269(c) of the CEQA Guidelines (14 Cal. Code Regs. 15269(c) for Emergency Projects), no environmental impacts beyond those already analyzed for the CIP exist, and accordingly, no further CEQA analysis is needed.
* * * * * * *
* * * * * * *
The foregoing Resolution 2022-_____ was adopted by the Tracy City Council on the
6th day of December 2022, by the following vote:

AYES: COUNCILMEMBERS:

NO
ES: CO
UNCIL MEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTENTION: COUNCIL MEMBERS:
______________________________
NANCY D. YOUNG
Mayor
of the City of Tracy, California
ATTEST: ________________________

ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of
the City
of Tracy, California
Decem ber 6, 2022
Agenda It
em 3.D

RECOMMENDATION
Staff recommends that the City Council adopt a resolution (1) ratifying, retroactively and prospectively, the following two construction contracts: (a) Tennyson Electric, Inc. (Tennyson) in the amount of $125,000 for work performed and $125,000 in anticipated work; (b) Tracy Grading & Paving (Tracy Grading) in the amount of $220,000 for work performed; (2) (a) Authorizing an appropriation of $470,000 from the City of Tracy’s General Fund to fund the Tennyson and Tracy Grading contracts; and (b) amending the FY 2022-23 operating and capital budget to reflect such appropriation; (3) granting, retroactively and prospectively, to the City Manager additional authority to execute change orders to the contract awarded to GradeTech, Inc. for Capital Improvement Project (CIP) 71112 Arbor Temporary Emergency Housing Project in the original amount of $1,978,480 as follows: (a) $790,000 for work performed; and (b) $300,000 in anticipated work; and (4) adopting requisite findings under the California Environmental Quality Act.

EXECUTIVE SUMMARY
This
agenda item is to provide a summary of various actions taken by staff to implement interim housing solutions for the declared shelter crisis and to receive ratification by the Tracy City Council (City Council) of these items. On August 16, 2022, the City Council adopted Resolution No. 2022-121 (Resolution), which reaffirmed an emergency shelter crisis as the City of Tracy (City) continues to experience an increasing number of unsheltered individuals. Due to the declaration of an emergency, the Resolution authorized the City Manager to take requisite actions needed to expeditiously provide interim housing solutions. The Resolution also dispensed the procurement requirements for professional services pursuant to Tracy Municipal Code (TMC) Section 2.20.140(b)(6).

At
the time of adopting the Resolution, the City was exploring the leasing of fully-constructed modular units to locate on Arbor Avenue and did not anticipate undertaking additional construction activities at the site. However, due to various site constraints and logistical issues, the City Manager was forced to direct staff to rapidly undertake certain construction activities to install the units and operate them with adequate health and safety protections. To fully inform the City Council and the public, this agenda item summarizes certain actions taken by the City Manager to address the shelter emergency. Since the Resolution dispensed the competitive bidding requirements for professional services, the TMC requires that such authorizations be ratified by Council. By way of a separate agenda item, staff is requesting the City Council to dispense of bidding requirements under the California Public Contracts Code and the TMC.

In t
his agenda item, staff is requesting the City Council to take various actions needed to enable staff to implement the City Council’s direction reflected in the Resolution: 1) ratification of additional activities undertaken by the City Manager pursuant to Resolution; (2) augmentation of the City Manager’s contract authority for change orders to the GradeTech, Inc. contract previously awarded by the City Council; and (3) appropriation of General Fund amounts to fund additional construction work needed to implement the Resolution. These items are discussed in more detail below.

Agenda Item 3.D
December 6, 2022

BACKGROUND AND LEGISLATIVE HISTORY
Giv
en the complexity and magnitude of the homelessness crisis, further exacerbated by the COVID-19 pandemic, and the limited supply of affordable permanent housing options in the City and throughout San Joaquin County, there is a significant and immediate need for interim housing solutions in the City, including interim emergency housing. Concerns about the public health, safety, and welfare of unsheltered individuals grows as the months progress without options to shelter the unhoused.

On M
arch 10, 2020, the Tracy City Council (Council) adopted Resolution No. 2020-050, which declared a shelter crisis pursuant to California Government Code Section 8698.2. For the next two years, the City actively pursued the development and construction of a temporary housing shelter on City-owned land located on Arbor Avenue to serve as an ongoing full-service temporary housing solution for the City’s unsheltered (Temporary Emergency Housing Project, CIP 71112). On April 19, 2022, through Resolution No. 2022-052, the City Council awarded Capital Improvement Project (CIP) 71112 Arbor Temporary Emergency Housing Project in the amount of $1,978,480 to GradeTech, Inc. This award was for “Phase I” of the Temporary Emergency Housing Project, consisting of groundwork and utility construction. The City had anticipated opening the Temporary Emergency Housing Project (referred to as “Phase II”) by December 2022. However, in the summer of 2022, the City incurred a significant setback, after opening bids for the installation of the predesigned and prefabricated housing structure for Phase II.

On August
16, 2022, the City Council adopted Resolution No. 2022-121, which reaffirmed an emergency shelter crisis as the City of Tracy continues to experience an increasing number of unsheltered individuals. In addition to the declaration of an emergency, the Resolution authorized the City Manager to take requisite actions needed to expeditiously provide interim housing solutions. The Resolution also dispensed the competitive bidding requirements for professional services pursuant to Tracy Municipal Code Section 2.20.140(b)(6).

Purs
uant to the City Council direction granted in the Resolution, staff moved forward to house unsheltered residents of the City by installing prefabricated trailers. For the installation of the trailers, additional accommodations to the current site needed to be made, all of which were not with in the original scope of work for GradeTech’s contract. New work needed to be done included, but not limited to, additional groundwork and utility connections (water, sewer, electrical), installation of fencing and signage, and procurement of generators and furniture.

Details of the breakdown of these additional costs are provided below.

ANALYSIS
Homel
essness is perhaps the most visible social problem in modern life in the nation’s metropolitan areas. Since the early 1980s, cities throughout the country have experienced sustained increases in the numbers of visibly homeless and in the numbers of individuals seeking temporary shelter in public and privately-run facilities (see Journal of Urban Economics, article dated December 2001).

As
noted above, the Resolution waived the competitive bidding requirements for professional services pursuant to Tracy Municipal Code Section 2.20.140(b)(6) to provide the City Manager quicker options to secure services from interim shelter solutions. At the time, neither the procurement of additional goods and services, nor additional construction work, had not been Agenda Item 3.D
December 6, 2022

contemplated, so they were not addressed in the Resolution. On November 1, 2022, through Resolution No. 2022-162, the City Council ratified a set of actions that had been taken by the City Manager to address the shelter emergency. This item includes additional actions for consideration and ratification by the City Council.

Cali
fornia Public Contracts Code Section 22050 provides that, in the case of an emergency, a public agency, pursuant to a four-fifths vote, may take any directly related and immediate action required for that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. Section 22050 also allows a public agency, pursuant to a four-fifths vote, to delegate, by resolution, to the City Manager the authority to order any action required for the emergency. Similarly, the City Council may dispense bidding requirements under TMC section 2.20.270(a).

By
way of a separate agenda item, staff is seeking the City Council to dispense of the bidding requirements under both the California Public Contracts Code and the TMC. Subject to approval of that item, staff is seeking, that through this agenda item, the City Council provide the requisite contract and budgetary authority staff needs to fully effectuate the Resolution.

As
noted earlier, to quickly and appropriately respond to the shelter emergency and implement the Resolution, the City Manager has authorized various construction activities. The first component of work authorized related to additional groundwork and utility connections that were needed at the Arbor Avenue site. This work was appropriately effectuated as change orders to GradeTech’s contract. Thus far, the existing change orders consist of work totaling $790,000, and an additional amount of change orders totaling $300,000 are anticipated to be needed to complete the requisite work. Staff is seeking that the Council grant to the City Manager, both retroactively and prospectively, the contract authority for these change orders to GradeTech’s contract as the total amounts exceed the original authority that had been granted to the City Manager for change orders when the City Council awarded the contract to GradeTech.

In addi
tion, to quickly address the shelter emergency, staff also employed the work of the construction contractors noted on Table 1, as they were immediately available to complete the needed work. The City Council needs to appropriate additional funds from the General Fund to satisfy this additional construction work.

TABLE
1 - ADDITIONAL CONSTRUCTION WORK PERFORMED TO ADDRESS SHELTER

EMERGENCY
Vendor Summary FY 2022/23 Total Not-to-
Exceed Amount
Tennyson Electric, Inc. Installation of all Electrical Utilities for the Modulars and Containers
sleeping quarters; funded by
General Fund.
$125,000
Completed +
Anticipated
work
$125,000
$250,000
Tracy Grading & Paving Site grading for contingency shelter capacity; funded by General Fund.
$220,000
Completed
$220,000
Agenda Item 3.D
December 6, 2022