Agenda packet — Vallejo City Council, February 25, 2025 (part 4 of 5)

DocuSign Envelope ID: AB245581-7F6F-4AD9-93CA-D5912A2345A3 ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

Foth & Van Dyke and Associates, Inc.
2121 Innovation Court
De Pere, WI 54115
purchased by Additional Insureds.
2 2
Willis Towers Watson Midwest, Inc.

See Page 1
See Page 1
See Page 1
See Page 1
25 Certificate of Liability Insurance
W29812501
CERT:
3081898
BATCH:
24514896
SR ID:

DocuSign Envelope ID: AB245581-7F6F-4AD9-93CA-D5912A2345A3 (Based on CG2010 04/13)

PERSON OR ORGANIZATION
This endorsement modifies insurance provided by the following:

COMMERCIAL GENERAL LIABILITY POLICY

SCHEDULE
Name of Additional Insured Person(s)Location of Covered Operations or Organization(s)
Risk Mgt. Office City Hall, 220 Clay Street
City ot Cedar Falls Cedar Falls, Iowa 50613
All others where required by contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:

1. Your acts or omissions or

2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

Page of 2 1

ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS-SCHEDULED By: LEXINGTON INSURANCE COMPANY
Issued to: FOTH & VAN DYKE, LLC
Forms a part of policy no.: 037205326

ENDORSEMENT # 025
This endorsement, effective 12:01 AM 03/01/2023
DocuSign Envelope ID: AB245581-7F6F-4AD9-93CA-D5912A2345A3

Page of 2 1
Required by the contract or agreement; or1.
will pay on behalf of the additional insured is the amount of insurance:

If
coverage provided to the additional insured is required by a contract or agreement, the most we Section III - Limits Of Insurance:

With respect to the insurance afforded to these additional insureds, the following is added to B. required by the contract or agreement to provide for such additional insured. insurance
afforded to such additional insured will not be broader than that which you are If coverage provided to the additional insured is required by a contract or agreement, the 2. and
The
insurance afforded to such additional insured only applies to the extent permitted by law;1.

However:

In connection with your premises owned by or rented to you.2.

In the performance of your ongoing operations; or1.
or the acts or omissions of those acting on your behalf:
damage"
or "personal and advertising injury" caused, in whole or in part, by your acts or omissions organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property Section II - Who Is An Insured is amended to include as an additional insured the person(s) or A.

Forms a part of policy no.: 037205326

Information required to complete this Schedule, if not shown above, will be shown in the Declarations As required by written contract
Name of Additional Insured Person(s) or Organization(s)

SCHEDULE

COMMERCIAL GENERAL LIABILITY POLICY
This endorsement modifies insurance provided by the following:
(Based on CG2026 04/13)

ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION
By: LEXINGTON INSURANCE COMPANY
Issued to: FOTH INFRASTRUCTURE & ENVIRONMENT, LLC

ENDORSEMENT # 024
This endorsement, effective 12:01 AM 03/01/2023
DocuSign Envelope ID: AB245581-7F6F-4AD9-93CA-D5912A2345A3

ADDITIONAL INSURED - OWNERS, LESSEES OR
(Based on CG2037 04/13)

CONTRACTORS- COMPLETED OPERATIONS
This endorsement modifies insurance provided by the following:

COMMERCIAL GENERAL LIABILITY POLICY

SCHEDULE
Name of Additional Insured Person(s)Location of Completed Operations or Organization(s)
# 032
Where required by contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard".

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

Page of 2 1
By: LEXINGTON INSURANCE COMPANY
Issued to: FOTH & VAN DYKE, LLC
Forms a part of policy no.: 037205326

ENDORSEMENT
This endorsement, effective 12:01 AM 03/01/2023
DocuSign Envelope ID: AB245581-7F6F-4AD9-93CA-D5912A2345A3

1. Required by the contract or agreement; or

2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations All other terms and conditions of the policy remain the same.

Authorized Representative
LX4316 (06/14)Includes Copyrighted Information of the Insurance Services Offices, Inc., with its permission. All Rights Reserved.

Page of 2 2
DocuSign Envelope ID: AB245581-7F6F-4AD9-93CA-D5912A2345A3 ____________________________________________________________________________________________

PRIMARY/NON CONTRIBUTORY ENDORSEMENT
This endorsement modifies insurance provided by the policy:

Nothwithstanding any other provision of the policy to the contrary, the insurance afforded by this policy for the benefit of the Additional Insured shall be primary insurance, but only with respect to any claim, loss or liability arising out of the Named Insured's operations; and any insurance maintained by the Additional Insured shall be non-contributing.

All other terms and conditions of the policy remain the same.

LEXDOC021
LX0404 Authorized Representative OR
Countersignature (In states where applicable)
By: LEXINGTON INSURANCE COMPANY
Issued to: FOTH & VAN DYKE, LLC
Forms a part of policy no.: 037205326

ENDORSEMENT # 009
This endorsement, effective 12:01 AM 03/01/2023
DocuSign Envelope ID: AB245581-7F6F-4AD9-93CA-D5912A2345A3 Holder Identifier : 77777777 07070700077763616065553330762727475134666407641124442724113071662775364323300734063331243233207746055136210574073400157122347100776441711407655607162057132276310077727252025773110777777707000707007 6666666606060600062606466204446200600220426226000206022224042042222060200262622402220622000426026202006222026062042000062000240622420000620020626200042206002066222640262066646062240664440666666606000606006 Certificate No : 570101085309

CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)
08/07/2023
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PRODUCER
Aon Risk Services Central, Inc.

Green Bay WI Office
1175 Lombardi Avenue
Suite 350
Green Bay WI 54304 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(920) 437-7123
INSURED 25615The Charter Oak Fire Insurance CompanyINSURER A:
25682The Travelers Indemnity Co of CTINSURER B:

INSURER C:

INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): (920) 431-6345

CONTACT
NAME:

Foth & Van Dyke and Associates, Inc.
2121 Innovation Court, Suite 100 P.O. Box 5095
De Pere WI 54115-5095 USA
COVERAGES CERTIFICATE NUMBER: 570101085309 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI OD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION O F ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR
ADDL

INSD POLICY NUMBER TYPE OF INSURANCE LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
GEN'L AGGREGATE LIMIT APPLIES PER:

PRO-
JECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$1,000,000A 01/01/2023 01/01/2024

BUSINESS AUTO

COMBINED SINGLE LIMIT
(Ea accident)
810-2L49594A-23-43-G

EXCESS LIAB
OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED

UMBRELLA LIAB

RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X OTH-
ER
PER STATUTEB 01/01/2023 01/01/2024

WORKERS COMPENSATION
$1,000,000
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N / AN

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
UB9H9261402343E
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

THE CITY OF VALLEJO, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED IN ACCORDANCE WITH THE POLICY PROVISIONS OF THE AUTO LIABILITY POLICY. A WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF THE ADDITIONAL INSURED IN ACCORDANCE WITH THE POLICY PROVISIONS OF THE WORKERS COMPENSATION POLICY. SHOULD ANY OF THE ABOVE

DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE POLICY PROVISIONS WILL GOVERN HOW NOTICE OF CANCELLATION MAY BE DELIVERED TO CERTIFICATE HOLDERS IN ACCORDANCE WITH THE POLICY PROVISIONS OF EACH POLICY.

CANCELLATIONCERTIFICATE HOLDER

AUTHORIZED REPRESENTATIVE

CITY OF VALLEJO
555 SANTA CLARA ST
VALLEJO CA 94590 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE W I T H T H E POLICY PROVISIONS.

DocuSign Envelope ID: AB245581-7F6F-4AD9-93CA-D5912A2345A3

C O M M E R C I A L A U T O
T H I S E N D O R S E M E N T C H A N G E S T H E P O L I C Y . P L E A S E R E A D I T C A R E F U L L Y .

B L A N K E T A D D I T I O N A L I N S U R E D – P R I M A R Y A N D

N O N - C O N T R I B U T O R Y W I T H O T H E R I N S U R A N C E © 2 0 1 6 T h e T r a v e l e r s I n d e m n i t y C o m p a n y . A l l r i g h t s r e s e r v e d .

I n c l u d e s c o p y r i g h t e d m a t e r i a l o f I n s u r a n c e S e r v i c e s O f f i c e , I n c . w i t h i t s p e r m i s s i o n .

P a g e 1 o f 1 C A T 4 7 4 0 2 1 6
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B U S I N E S S A U T O C O V E R A G E F O R M

P R O V I S I O N S
1 . T h e f o l l o w i n g i s a d d e d t o P a r a g r a p h A . 1 . c . , W h o I s A n I n s u r e d , o f S E C T I O N l l – C O V E R E D A U T O S L I A B I L I T Y C O V E R A G E :

T h i s i n c l u d e s a n y p e r s o n o r o r g a n i z a t i o n w h o y o u a r e r e q u i r e d u n d e r a w r i t t e n c o n t r a c t o r a g r e e m e n t b e t w e e n y o u a n d t h a t p e r s o n o r o r g a n i z a t i o n , t h a t i s s i g n e d b y y o u b e f o r e t h e " b o d i l y i n j u r y " o r " p r o p e r t y d a m a g e " o c c u r s a n d t h a t i s i n e f f e c t d u r i n g t h e p o l i c y p e r i o d , t o n a m e a s a n a d d i t i o n a l i n s u r e d f o r C o v e r e d A u t o s L i a b i l i t y C o v e r a g e , b u t o n l y f o r d a m a g e s t o w h i c h t h i s i n s u r a n c e a p p l i e s a n d o n l y t o t h e e x t e n t o f t h a t p e r s o n ' s o r o r g a n i z a t i o n ' s l i a b i l i t y f o r t h e c o n d u c t o f a n o t h e r " i n s u r e d " .
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R e g a r d l e s s o f t h e p r o v i s i o n s o f p a r a g r a p h a . a n d p a r a g r a p h d . o f t h i s p a r t 5 . O t h e r I n s u r a n c e , D o c u S i g n E n v e l o p e I D : A B 2 4 5 5 8 1 - 7 F 6 F - 4 A D 9 - 9 3 C A - D 5 9 1 2 A 2 3 4 5 A 3 t h i s
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O N E T O W E R S Q U A R E
H A R T F O R D , C T 0 6 1 8 3
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A N Y P E R S O N O R O R G A N I Z A T I O N F O R W H I C H T H E I N S U R E D H A S

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W O R K E R SC O M P E N S A T I O N
A N D

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E N D O R S E M E N T W C 0 0 0 3 1 3 ( 0 0 ) -
P O L I C YN U M B E R :

W A I V E RO FO U RR I G H T T OR E C O V E R F R O MO T H E R SE N D O R S E M E N T W e h a v e t h e r i g h t t o r e c o v e ro u rp a y m e n t s f r o ma n y o n e l i a b l e f o ra n i n j u r y c o v e r e db y t h i sp o l i c y . W ew i l l n o t e n f o r c e o u r r i g h t a g a i n s t t h e p e r s o n o r o r g a n i z a t i o n n a m e d i n t h eS c h e d u l e . ( T h i s a g r e e m e n t a p p l i e s o n l y t o t h e e x t e n t t h a t y o u p e r f o r mw o r k u n d e r aw r i t t e n c o n t r a c t t h a tr e q u i r e s y o u t o o b t a i n t h i s a g r e e m e n t f r o m u s . ) T h i s a g r e e m e n t s h a l l n o t o p e r a t e d i r e c t l y o r i n d i r e c t l y t o b e n e f i t a n y o n e n o t n a m e d i n t h eS c h e d u l e .

S C H E D U L E
D E S I G N A T E DP E R S O N :

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D A T EO F I S S U E : S TA S S I G N :

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ACTION ITEM 9.B.

DATE: February 25, 2025
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
Erin Hanford, Economic Development Program Manager
SUBJECT: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE OPERATIONS

AGREEMENT REGARDING DISTRIBUTION OF GAS ON MARE ISLAND, AND THE

FIRST AMENDMENT TO THE OPERATIONS AGREEMENT REGARDING DISTRIBUTION

OF ELECTRICITY ON MARE ISLAND, WITH PITTSBURGH POWER COMPANY, DBA

ISLAND ENERGY, EXTENDING THE TERM OF EACH AGREEMENT ONE YEAR WITH A

SIX-MONTH OPTION TO EXTEND, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

RECOMMENDATION
Adopt a resolution approving the First Amendment to the Operations Agreement regarding distribution of gas on Mare Island, and the First Amendment to the Operations Agreement regarding distribution of electricity on Mare Island, with Pittsburgh Power Company, DBA Island Energy, extending the term of each agreement one year with a six-month option to extend, and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
A one year extension of the Operation Agreements with Pittsburg Power Company, dba Island Energy ("Island Energy"), for the distribution of gas and electricity on Mare Island will provide time for the City and Island Energy to evaluate the power needs of the new Mare Island Specific Plan and negotiate a new long term agreement while ensuring that Island Energy will continue to provide gas and electric service to the residents and tenants of Mare Island and also continue to provide a two percent (2%) franchise fee to the City.

BACKGROUND AND DISCUSSION
The City’s current Operation Agreements regarding the distribution of gas and electricity of Mare Island with Pittsburg Power Company, dba Island Energy ("Island Energy") expire March 1, 2025. A one-year extension of these agreements will provide for the following:

1. Island Energy and the City will analyze the power needs for the new Mare Island Specific Plan that Mare Island Company recently submitted to the City. Staff anticipate an energy capacity study will be done as part of this assessment.

2. Both parties will negotiate the necessary terms and conditions in a new longer-term agreement to address the anticipated increase in power needs.

3. Island Energy will continue to pay the City two percent (2%) of their gross receipts for both gas and electricity which averages approximately $145,000 per year and is credited as revenue to the Mare Island Community Facilities District (CFD).

History of Mare Island Utility Agreements

Following the determination that the City would not assume the responsibility for gas and electric utility distribution on Mare Island, in September 1996 the Navy awarded the contract for the sale of the Mare Island

Date: February 25, 2025
Subject: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE

OPERATIONS AGREEMENT REGARDING DISTRIBUTION OF GAS ON MARE

ISLAND, AND THE FIRST AMENDMENT TO THE OPERATIONS AGREEMENT

REGARDING DISTRIBUTION OF ELECTRICITY ON MARE ISLAND, WITH

PITTSBURGH POWER COMPANY, DBA ISLAND ENERGY, EXTENDING THE

TERM OF EACH AGREEMENT ONE YEAR WITH A SIX-MONTH OPTION TO

EXTEND, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 2 ends

gas and electric system to the City of Pittsburg, conditioned on the City’s formation of a municipal utility.

In April 1997, the City of Pittsburg and its Redevelopment Agency formed Pittsburg Power Company (PPC) as a joint powers authority, operating on Mare Island under the name Island Energy. Island Energy commenced operations as a municipal gas and electric utility provider on Mare Island under a license agreement with the Navy on April 1, 1997.

In August 2001, the Navy executed a Grant of Non-Exclusive Easements for Gas and Electric Distribution Systems and Associated Buildings on Mare Island with Island Energy. Under the Grant of Easement, Island Energy acquired both the then-existing hard assets, including all utility distribution systems and related buildings and the easements upon, under and over which the systems and buildings were located, from the U.S. Government.

Since Island Energy is a municipally owned utility (as distinguished from a privately owned “public utility” such as Pacific Gas & Electric), Island Energy is not regulated by the California Public Utilities Commission.

Therefore, Island Energy requested, and the City agreed, to negotiate and execute the Operations Agreements for gas and electric services provided to Mare Island as “in-lieu” "franchise agreements." The Operations Agreements are intended to ensure the orderly delivery of gas and electricity to Mare Island for current users and future planned development and improvements on the Island, including the following:

1. An agreement that as Mare Island develops, Island Energy will exchange its existing easements and gas and electric distribution facilities and buildings conveyed under the Grant of Easement for relocated easements, facilities and buildings at the times and under the conditions specified in the Operations Agreements; and

2. Island Energy will pay the City a 2% “franchise” fee, similar to that paid by PG&E to the City for PG&E'S franchise rights in other areas of the City.

Approval of this item will ensure the City continues to receive two percent (2%) of Island Energy’s gross annual receipts from the Mare Island operations and provide time for the parties to develop a more comprehensive long-term agreement for gas and electricity operations on the Island.

FISCAL IMPACT
Approval of this item will ensure Island Energy continues to pay the City two percent (2%) of its gross annual receipts that are credited as revenue to the Mare Island 2002-01 Community Facilities District (CFD). Based on two-year actuals and two-years' adopted budgets, Island Energy’s franchise fees average approximately $145,000 per year.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

ATTACHMENTS
Date: February 25, 2025
Subject: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE

OPERATIONS AGREEMENT REGARDING DISTRIBUTION OF GAS ON MARE

ISLAND, AND THE FIRST AMENDMENT TO THE OPERATIONS AGREEMENT

REGARDING DISTRIBUTION OF ELECTRICITY ON MARE ISLAND, WITH

PITTSBURGH POWER COMPANY, DBA ISLAND ENERGY, EXTENDING THE

TERM OF EACH AGREEMENT ONE YEAR WITH A SIX-MONTH OPTION TO

EXTEND, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 3 ends

1. Resolution Approving First Amendments to Island Energy Ops. Agreements_CAO Stamp

2. Island Energy Electricity Operations Agreement First Amendment_CAO Stamp

3. Island Energy Gas Operations Agreement First Amendment_CAO Stamp

4. Island Energy 2005 Electricity Operations Agreement

5. Island Energy 2005 Gas Operations Agreement

CONTACT
Gillian Haen, Assistant City Manager (707) 648-4163
[email protected]

RESOLUTION NO. ______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING THE FIRST AMENDMENT TO THE OPERATIONS AGREEMENT

REGARDING DISTRIBUTION OF GAS ON MARE ISLAND AND THE FIRST

AMENDMENT TO THE OPERATIONS AGREEMENT REGARDING

DISTRIBUTION OF ELECTRICITY ON MARE ISLAND, WITH PITTSBURGH

POWER COMPANY, DBA ISLAND ENERGY, EXTENDING THE TERM OF

EACH AGREEMENT ONE YEAR WITH ONE SIX-MONTH OPTION TO

EXTEND, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WHEREAS , in September 1996 following the determination by the City that it would not assume the responsibility for distribution of the gas and electric utilities on Mare Island, the United States Navy awarded the contract for the sale of the Mare Island gas and electrical system to the City of Pittsburg; and WHEREAS , in April 1997, Pittsburg Power Company (PPC), a joint powers authority is formed, and under the name Island Energy commenced operations as a municipal gas and electric utility provider on Mare Island under a license agreement with the Navy on April 1, 1997; and
WHEREAS , on August 22, 2001, Island Energy accepted from the federal governme nt, acting through the Departme nt of the Navy, a Grant of Non- Exclus ive Easements For Gas And Electric Distribut ion Systems And Associated Buildings At Mare Island ("Easements") ; and WHEREAS , under the Easements , Island Energy acquired both the then- existing hard assets , including all utility distribut ion systems and related buildings and the non-exclusive easements upon, under and over which the systems and buildings were located ; and
WHEREAS , effective March 1, 2005, the City and Island Energy executed: (a) the Operations Agreements Regarding Distribution of Electricity on Mare Island (“Electricity Agreement”), and (b) the Operations Agreements Regarding Distribution of Gas on Mare Island (“Gas Agreement”); and both agreements expire March 1, 2025; and
WHEREAS , on October 10, 2024, Mare Island Company, the master developer of Mare Island, submitted a new draft Specific Plan to the City; and

WHEREAS , the City and Island Energy need time to evaluate the power needs of the new Mare Island Specific Plan and negotiate new long-term agreements for the Electricity Agreement and the Gas Agreement while ensuring Island Energy will continue to provide gas and electric service to the residents and tenants of Mare Island and also continue to provide a two percent (2%) franchise fee to the City.

NOW, THEREFORE , BE IT RESOLVED that the City Council hereby approves the First Amendment to the Operations Agreement Regarding Distribution of Electricity and the First Amendment to the Operations Agreement Regarding Distribution of Gas on Mare Island, between the City of Vallejo and Island Energy, extending the term one year with one six-month extension option.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute these Agreements, with any modifications recommended by the City Attorney and City Clerk to attest the signing of these Agreements.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on February 25, 2025, with the following vote:

AYES:

NOES:

ABSENT:
______________________________

ANDREA SORCE, MAYOR
First Amendment to Island Energy Electricity Operations Agreement Page 1 of 3

FIRST AMENDMENT TO THE

OPERATIONS AGREEMENT BETWEEN THE CITY OF VALLEJO AND ISLAND

ENERGY REGARDING DISTRIBUTION OF ELECTRICITY ON MARE ISLAND This First Amendment to the Operations Agreement regarding distribution of electricity on Mare Island (hereafter referred to as “First Amendment”) between Pittsburgh Power Company, a Joint Powers Authority doing business as Island Energy (hereafter referred to as “Grantee” or “Island Energy”), and the City of Vallejo, a municipal corporation and charter city (hereafter referred to as “Grantor” or “City”), is made and entered into on this 25th day of February 2025.

RECITALS
WHEREAS, Ordinance 1536 N.C.(2d) adopting procedures for the award of franchises for gas and electric service on Mare Island was adopted by City Council on November 30, 2004, and went into effect 30 days later on December 30, 2004; and WHEREAS, consistent with those procedures, on February 1, 2005, City Council adopted Resolution No. 05-39 N.C., (a) awarding a franchise to Island Energy to provide gas and electric service on Mare Island, and (b) authorizing the City Manager to execute the Operations Agreement between the City of Vallejo and Island Energy Regarding the Distribution of Electricity on Mare Island (hereafter referred to as “Agreement”); and WHEREAS, Section 3 (Term) of the Agreement states the term will commence on the Effective Date and expire twenty (20) years from that date; and WHEREAS, Section 19 (Effective Date) of the Agreement states that the Effective Date shall be the first day of the first full month following the date ISLAND ENERGY executes this Agreement (no later than sixty (60) days after the effective date of Ordinance 1536) and files proof of insurance with the City Clerk; and
WHEREAS, since sixty (60) days after Ordinance 1536 went into effect is February 28, 2005, and the first day of the first full month following this date is March 1, 2005, the parties determined that the Agreement Effective Date was March 1, 2005, and the expiration of the original Agreement is March 1, 2025; and WHEREAS, both Island Energy and City need time to assess the utility requirements per the new proposed Mare Island Specific Plan and to negotiate the terms and conditions of a long-term agreement.

NOW, THEREFORE, Island Energy and City do mutually agree to the following:

1. Amendment to Section 3 “Term.” Section 3 of the Agreement, “Term,” is hereby

First Amendment to Island Energy Electricity Operations Agreement Page 2 of 3 amended to delete the first paragraph and replace it with the following:
“Section 3. Term. The term of this Agreement shall commence on March 1, 2005, and shall continue in full force and effect until February 28, 2026.

Provided, however, if the City Manager determines, in his or her sole discretion, that Island Energy is making diligent good faith efforts to negotiate terms of a long-term agreement, as summarized in the recitals to the First Amendment to this Agreement, the City has the right to extend the term of this Agreement six additional months, by providing written notice to Island Energy no later than February 28, 2026. The total duration of the term of this Agreement, including the exercise of any options under this section, shall not extend beyond August 31, 2026. After the expiration of the term as described in this section, the Agreement will be of no force or effect unless it is renewed by the parties in accordance with Ordinance 1536 (or any successor ordinance setting terms for awarding a franchise for gas and electric services on Mare Island).”

2. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Island Energy shall perform all duties, obligations and conditions required under the Agreement.

3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.

4. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.

5. Counterparts. This First Amendment may be executed by the parties in one or more counterparts, all of which collectively shall constitute one document and agreement.

6. Authority. The person signing this First Amendment for Island Energy hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Island Energy.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
First Amendment to Island Energy Electricity Operations Agreement Page 3 of 3 IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.

PITTSBURG POWER COMPANY,
A Joint Powers Authority, dba ISLAND
ENERGY
BY:

Garrett Evans
City Manager
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

Andrew Murray
City Manager
DATE:

ATTEST:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO FORM:

Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:

Armond Sarkis
Risk Manager
First Amendment to Island Energy Gas Operations Agreement Page 1 of 3

FIRST AMENDMENT TO THE

OPERATIONS AGREEMENT BETWEEN THE CITY OF VALLEJO AND ISLAND

ENERGY REGARDING DISTRIBUTION OF GAS ON MARE ISLAND
This First Amendment to the Operations Agreement regarding distribution of gas on Mare Island (hereafter referred to as “First Amendment”) between Pittsburgh Power Company a Joint Powers Authority doing business as Island Energy (hereafter referred to as “Grantee” or “Island Energy”), and the City of Vallejo, a municipal corporation and charter city (hereafter referred to as “Grantor” or “City”), is made and entered into on this 25th day of February 2025.

RECITALS
WHEREAS, Ordinance 1536 N.C.(2d) adopting procedures for the award of franchises for gas and electric service on Mare Island was adopted by City Council on November 30, 2004, and went into effect 30 days later on December 30, 2004; and WHEREAS, consistent with those procedures, on February 1, 2005, City Council adopted Resolution No. 05-39 N.C., (a) awarding a franchise to Island Energy to provide gas and electric service on Mare Island, and (b) authorizing the City Manager to execute the Operations Agreement between the City of Vallejo and Island Energy Regarding the Distribution of Gas on Mare Island (hereafter referred to as “Agreement”); and WHEREAS, Section 3 (Term) of the Agreement states the term will commence on the Effective Date and expire twenty (20) years from that date; and WHEREAS, Section 19 (Effective Date) of the Agreement states that the Effective Date shall be the first day of the first full month following the date ISLAND ENERGY executes this Agreement (no later than sixty (60) days after the effective date of Ordinance 1536) and files proof of insurance with the City Clerk; and
WHEREAS, since sixty (60) days after Ordinance 1536 went into effect is February 28, 2005, and the first day of the first full month following this date is March 1, 2005, the parties determined that the Agreement Effective Date was March 1, 2005, and the expiration of the original Agreement is March 1, 2025; and WHEREAS, both Island Energy and City need time to assess the utility requirements per the new proposed Mare Island Specific Plan and to negotiate the terms and conditions of a long-term agreement.

NOW, THEREFORE, Island Energy and City do mutually agree to the following:

First Amendment to Island Energy Gas Operations Agreement Page 2 of 3

1. Amendment to Section 3 “Term.” Section 3 of the Agreement, “Term,” is hereby amended to delete the first paragraph and replace it with the following:
“Section 3. Term. The term of this Agreement shall commence on March 1, 2005, and shall continue in full force and effect until February 28, 2026.

5. Counterparts. This First Amendment may be executed by the parties in one or more counterparts, all of which collectively shall constitute one document and agreement.

6. Authority. The person signing this First Amendment for Island Energy hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Island Energy.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
First Amendment to Island Energy Gas Operations Agreement Page 3 of 3 IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.

PITTSBURG POWER COMPANY,
A Joint Powers Authority, dba ISLAND
ENERGY
BY:

Garrett Evans
City Manager
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

Andrew Murray
City Manager
DATE:

ATTEST:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO FORM:

Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:

Armond Sarkis
Risk Manager
,~ ,I
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OPERA TIONS AGREEMENT BETWEEN CITY OF VALLEJO AND ISLAND

ENERGY REGARDING DISTRIBUTION OF ELECTRICITY ON MARE ISLAND This Operations Agreement is made and entered into by and between the City of Vallejo, a municipal corporation and charter city (hereafter, "GRANTOR" or •'CITY") and Pittsburg Power Company, a JQint Powers Authority, doing business as Island Energy, (hereafter, uGRANTEE" or "ISLAND ENERGY'.!).

RECITALS
A. Within the boundaries of the City lies Mare Island. Historically the Island contained Mare Island Naval Shipyard (the "Shipyard"), the first naval base on the West Coast, which Congress established in 1853. Mare lslal}d consists of almost 1,650 dry upland acres and now contains about 960 buildHigs, including many dating from the 1800s. Mare Island is a California Historic Landmark and a National Historic Landmark.

At its height, over 40,000 people worked at the Shipyard and it was an important element in the defense of this country through two World Wars and other military actions.
.

B. In 1993, 140 years after this country established the Shipyard, the Defense Base Closure and Realignment Commission recommended the Shipyard be closed. That has occurred. When the Shipyard closed, about 9,300 civilians and mi(itary personnel worked there. Another 5, 700 persons in the City were employed in connection with the Shipyard. In response to the closure, the City initiated the development and implementation of a successful closure process. The Mare Island Final Reuse Plan (the "Reuse Plan"), which established a policy for the future of the Island, was adopted by the CITY on July 26, 1994. The Reuse Plan's goal is to become a model for successful conversi6n of a military facility. Among other objectives, the Reuse Plan seeks to create jobs and other economic development opportunities to sustain and improve economic conditions in the City and surrounding area; it seeks to create a self-sustaining and multi-use community under a common design theme, with balanced uses that will meet the needs of future generations; and, it seeks to use a variety of innovative economic development tools, including public-private partnerships, to market, finance and develop Mare Island. This Agreement furthers those goals and objectives, by, among other things, providing stable and attractive utility rates for businesses and residents on Mare Island.

C. The CITY also adopted a Specific Plan on March 30, 1999 to.govern the land use policy and development process for Mare Island. Further, it amended the Architectural Heritage Historic Preservation Ordinance (Vallejo Municipal Code Chapter

16.38) to govern historic resources on Mare Island.

D. The regulatory planning process that the CITY has undertaken sets forth goals and objectives concerning provision of electric and gas utilities··to Mare Island.

The Reuse Plan, for example, described the electric system on the Island as generally being in good condition and supporting the land uses the Plan envisioned. It identified Capital Improvement Project activities, such as sealing underground electric vaults 1/10/0S
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against water intrusion and performing asbestos abatement. It also noted that Federal power was being purchased at a favorable rate pursuant to an agreement between the Navy and the Western Area Power Administration . The Specific Plan recognized a possible need to replace overhead distribution in the residential areas with underground facilities and the installation of electric service meters throughout the Island.

E. Following the determination by CITY that it would not assume the responsibility ·tor distribution of the gas and electric utilities on Mare Island, Pittsburg Power Company was formed for this and other P.urposes and, under the name ISLAND ENERGY, commenced operations as ·a municipal gas and electric utility provider on Mare Island under a license agreement with the U.S. Government on April 1, 1997. The CITY and ISLAND ENERGY have cooperated with the Western Area Power Administration 0/VAPA) in retaining the benefit of the lower cost electricity through WAPA under the National Defense Authorization Act. ·
F. On August 22, 2001, Pittsburg Power Company accepted from the federal government, acting through the Department of the Navy, the Grant of Non-Exclusive Easement For Gas And Electric Distribution Systems And Associated Buildings At The Former Mare · Island Naval Shipyard To Pittsburg Power Company, J. P. A. (d.b.a. "Island Energy") (the •Grant of Easement"). Under the Grant of Easement, ISLAND ENERGY acquired both the then-existing hard assets, including all utility distribution systems and related buildings and the easements upon, under and over which the systems and buildings were located, from the U.S. Government, CITY's predecessor in title.

G. Under the Grant of Easement, if any of the Existing Easements (as defined below) or the Existing Facilities (as defined below) are required to. be relocated by the Navy. its successors and iassigns or the local redevelopment agency for Mare Island, the party requesting such relocation, is to pay ISLAND ENERGY all costs of relocation and provide ISLAND ENERGY with an equivalent substitute easement. The Grant of Easement also provides that after fifty (50) years from the date of the Grant of Easement, any costs of relocation of aboveground gas and electrical distribution facilities shall be borne by ISLAND ENERGY.

H. Under its Charter, the CITY is authorized to enter into agreements for the operation, maintenance and construction of electric utility systems on Mare Island. The CITY and ISLAND ENERGY have agreed that it is in the best interest of both parties, as well as the economic development of Mare Island, to enter into this Agreement and provide for continued, improved , expanded and, to the extent possible, 'lower cost electric service on Mare Island.

I. The parties hereto desire to enter into this Agreement to provide for (1} an agreement by ISLAND ENERGY that, as Mare Island develops,. it will exchange those easements and electric dis~ribution facilities and buildings conveyed under the Grant of Easement for relocated easements, facilities and buildings at the times and under the conditions specified in this Agreement; (2) payment of a fee by ISLAND ENERGY, similar to that paid by PG&E to the City for PG&E's franchise rights in other areas of the 2 761464v1SA 05137/0052 1/10/05
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City; and (3) the grant of a franchise by CITY to ISLAND ENERGY to provide electric service in that portion of Mare Island outside of the Existing Service Area {referred to herein as the "Franchise Area") under the terms and conditions specified herein . A Map of the Franchise Area will be attached hereto as Exhibit B and this Agreement shall be thereby amended once such locations are determined.

SECTION 1.

AGREEMENTS
DEFINfTIONS
Whenever in this Agreement the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:
.. City" shall mean the City of Vallejo, a municipal corporatior:i and a charter city in the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form .
"Construct, maintain and use" shall mean to lay, construct, erect, install, operate, maintain, use, repair, modify or replace.
"Day" means a calendar day.
"Effective Date" shall mean the date set forth in Section 19 of this Agreement. "Existing Easements" shall mean those non-exclusive easements granted to ISLAND ENERGY by the Grant of Easement.
"Existing Facilities" shall mean those electric distribution facilities and associated buildings granted to ISLAND ENERGY by the Grant of. Easement. "Existing Service Area" shall be that portion of Mare Island that is described in .. the Grant of Easement as being served by the electrical distribution system transferred to ISLAND ENERGY through the Bill of Sale and Grant of Easement. ·This area is shown on Exhibit A, "Map of the Existing Service Area", attached hereto and incorporated herein by this reference .
"Franchise" shall mean the right and privileges acquired under the tenns and conditions described in this Agreement with respect to the provision of elec.tric service by ISLAND ENERGY in the Franchise Area.
"Franchise Area" shall be as defined in Recital I above. "Grant of Easement" shall be as defined in Recital F above·. .
"Grantee" shall mean Pittsburg Power Company, a Joint Powers Authority, comprised of the City of Pittsburg, California and the Redevelopment Agency of the City of Pittsburg, _ doing business as Island Energy ("ISLAND ENERGY"). 3 761464v l5A 05137/0051 1/10/05
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"Gross Annual Receipts" shall mean all receipts received by ISLAND ENERGY from the sale of electricity within the City of Vallejo. Gross Annual Receipts shall not include such sums collected by ISLAND ENERGY on behalf of and paid to others, such as taxes, fees and charges collected on behalf of the CITY, state government or federal government. The fiscal year for ISLAND ENERGY is from July 1 through June 30 of the following year
"Operations Fee" shall mean the fee payable by ISLAND ENERGY to the CITY as described in Section 7 of this Agreement.
"Poles, wires, conduits and appurtenances" means facilities necessary for the distribution of electricity, including poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, cross arms, braces, transformers, insulators, conduits, ducts, vaults, manholes, meters, cutouts, switches, .communication circuits, appliances, attachments, appurtenances, and without limitation to the foregoing, any other equipment located or to be located under, along, across or upon the public streets of Mare Island, and necessary or proper in distributing electricity;. The term "facilities" may hereafter be used for convenience to refer to "poles, wires, conduits and appurtenances."
"Public streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within Mare Island, now or hereafter established within Mare Island, now or hereafter established within Mare Island. "Public streets" includes a public right-of-way, whether or not fonnally included within City's public road system. "Public streets" does not include a public utility easement crossing private property, nor does "public streets" include any park, playground, school property or other municipal or public property not constituting a public right-of-way. "Public streets" does not include, and the rights ~ranted herein do not allow the use of, a public utility easement described in Government Code section 50335 or successor legislation, the use of which is governed by such terms and conditions as agreed upon by the parties thereto.
"Relocated Facilities" shall mean those new facilities acquired by Island Energy in exchange for the Existing Facilities.
"Term" shall mean the initial term as defined in Section 3 and any renewal term, unless otherwise required by the context
SECTION 2. GRANT OF FRANCHISE
In consideration of the provision by ISLAND ENERGY of electric service, within the Existing Service Area, as well as its agreement to comply with the Reuse Plan, Specific Plan and WAPA Power Agreement, and in further. consideration of the promises contained herein, the CITY grants ISLAND ENERGY, its successors and assigns, a franchise to construct, maintain and use in said public streets and places all poles, wires, conduits and appurtenances whenever and wherever required to extend service and to convey and distribute electricity to the public within the Franchise Area 4 76 1464vl5A 0513710052 1110/05
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and for all related purposes. ISLAND ENERGY shall be required to allow joint use of common trenches within the Franchise Area and within the Existing Service Area, where common trenches are used, by other persons where appropriate and where such joint use is not otherwise prohibited by law or ordinance; provided that any joint user must first have or obtain an appropriate franchise from CITY or other lawful regulatory authority. This Agreement shall be amended to specifically add each portion of the Franchise Area as they become identifiable. As of the date of this Agreement; there are no Franchise Areas in which ISLAND ENERGY operates.

SECTION 3. TERM
This Agreement will commence on the Effective Date and expire twenty (20) years from that date. After that time, it will be of no force or effect unless it is renewed under applicable law and pursuant to agreement otthe patties.

During the term of this Agreement, the Agreement shall remain in full force and effect unless: (1) ISLAND ENERGY voluntarily surrenders the Agreement, in accordance with applicable State or federal laws; (2) the State or some municipal or public corporation purchases by voluntary agreement or condemns and takes under the power of eminent domain, 'all property actually used and useful in the exercise of ISLAND ENERGY's provision of electric service on Mare Island, or (3) the Agreement is terminated by one party due to noncompliance with its terms by the other party. At least six (6) months prior to the expiration of the term of this Agreement, the parties shall meet and confer to determine if this Agreement should be extended and/or what terms and conditions shall apply to any such extension.

SECTION 4. COMPLIANCE WITH LOCAL LAWS
I
(a) Except in the event of an emergency where it may be impractical to do so, prior to commencing any work, ISLAND ENERGY shall obtain all necessary permits from City and pay all processing, permitting and regulatory fees associated with those permits, and post any required security deposits or bonds, before starting any construction, repair, upgrade or extension of its system. ISLAND ENERGY shall obtain all required permits and pay any fees described herein as soon as practicable after the emergency conditions have ended . These permits include, but are not limited to, grading permits, encroachment permits, excavation permits, temporary pole permits, appropriate environmental review, or any other regulatory approval PG&E and any other party would have to obtain from the CITY under its municipal code or other authorities if it was PG&E or another party seeking to perform the activities ISLAND · ENERGY was planning. This provision is intended to keep ISLAND ENERGY on an equal footing with PG&E and any others doing work within the City.
(b) ISLAND ENERGY shall construct, restore, . maintain and use all poles, wires, conduits, and appurtenances in a good and workmanlike . manner and in compliance with all applicable federal, State and City laws, ordinances, resolutiorys, regulations, policies, rules, orders, plans and specifications, and subject to all lawful fees and exactions.
5 761464vl5A 05137/0052 l/l OIOS
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(c) Upon constructing, maintaining or using any poles, wires, conduits, and appurtenances, or any part thereof, ISLAND ENERGY shall expeditiously restore to applicable and lawful City standards all public property disturbed or altered as a result of Grantee's actions. As used in this section, .. public property" means public streets, rights-of-way and improvements and includes, but is not limited to, all public improvements associated with the public streets that may be affected by ISLAND ENERGY'S activities, such as landscaping, irrigation systems, street lights, street furniture, sidewalks and bus shelters. ISLAND ENERGY shall comply with CITY'S reasonable terms and conditions concerning the location within the public streets of proposed facilities, except to the extent State or federal law or regulation preempts any such terms and conditions.
(d) ISLAND ENERGY has adopted standards of construction for its facilities, which are set forth in the following manua1s: · Underground Construction Standards
Overhead Construction Standards
Gas Material Specifications
Service Guide
Copies of these manuals have been provided to CITY, and ISLAND ENERGY shall provide copies of any significant revisions to such manuals when adopted.

ISLAND ENERGY agrees that any proposed significant modifications to such General Conditions shall be presented to the Island Energy Advisory Committee (as described in Section 21 hereof) for its revi~w and comment, prior to any adoption of such modifications.

SECTION 5. RELOCATION OF FACIUTIES WITHIN EXISTING

SERVICE AREA
(a) Relocation of Facilities
During the tenn of this Agreement and in the event any portion of the Existing Service Area is proposed to be redeveloped ("Proposed Redevelopment") in a manner which would require the relocation of the Existing Facilities within the area of the Proposed Redevelopment, ISLAND ENERGY agrees that it shall cooperate with CITY and any developer within the Existing Service Area to quitclaim, free and clear of any encumbrances or liens that may have been placed against the interest of ISLAND ENERGY in such non-exclusive Existing Easements and Existing Facilities as may be necessary to accommodate such Proposed Redevelopment in exchange for new electric distribution facilities to be owned and operated by ISLAND ENERGY and to be placed within non-exclusive easements granted or dedicated to ISLAND ENERGY in new locations as necessary to allow for the distribution of electricity to the same area.

To the greatest extent possible, these new locations shall be within designatea "public utility easements" ("PUEs"), as shown on the parce_I or subdivision map for any such 6 76 1464v15A 05137/0052 1/10/05
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0 Proposed Redevelopment, provided the requirements contained in this Section 5 are complied with. In addition, CITY hereby acknowledges that ISLAND ENERGY shall be entitled to the use of the public streets in the Existing Service Area and any Franchise Areas during the term of this Agreement for the purpose of providing retail electric service, subject to the reasonable review and approval by the City of Vallejo with respect to location of such use to ensure that adequate spacing and clearance is maintained for other public utilities and roadway uses. (b) Preservation of Riohts
Subject to the terms of the Grant of Easement and subject to the terms of any separate agreement with a developer on Mare Island, which separate agreement shall not be inconsistent herewith, ISLAND ENERGY agrees that it shall quitclaim Existing Easements and Existing Fac,iUties (in the condition described in paragraph (a) above) within the area of a Proposed Redevelopment when and as necessary within the Existing Service Area, in exchange for the Relocated Facilities and new non-exclusive easements. To the greatest extent possible, the new easements shall be in the form of public utility easements dedicated to the City and ISLAND ENERGY. Such dedication shall be clearly displayed under the "Owner's Statement" or otherwise for all final subdivision and parcel maps where ISLAND ENERGY will be replacing its easements with locations in the PUEs as follows:
"THE UNDERSIGNED HEREBY MAKES AN IRREVOCABLE OFFER OF

DEDICATION TO THE CITY OF VALLEJO AND PITTSBURG POWER

COMPANY, DOING BUSINESS ON MARE ISLAND AS ISLAND

ENERGY, OF THE EASEMENTS DESIGNATED AS PUBLIC UTILITY
EASEMENTS (PUEs) FOR PUBLIC UTILITY PURPOSES ONLY,
INCLUDING THE RIGHTS 1FOR CONSTRUCTION, RECONSTRUCT/ON,

ACCESS TO AND MAINTENANCE OF IMPROVEMENTS AND

STRUCTURES, WHETHER COVERED OR OPEN, AND THE CLEARING
OF OBSTRUCTIONS AND VEGETA TJON.

In addition, the following statement shall be clearly displayed under the"Owne['.'s Statement" or otherwise on all final subdivision and parcel maps:
''THE OED/CATION OF STREETS, AS PUBLIC ROADWAYS, TO THE

CITY OF VALLEJO INCLUDES THE RIGHT, POWER AND AUTHORITY

OF THE CITY OF VALLEJO TO GRANT TO PITTSBURG POWER

COMPANY, DOING BUSINESS ON MARE ISLAND AS ISLAND

ENERGY, SUCH ADDITIONAL RIGHTS, INCLUDING THE GRANT OF

SUCH NON-EXCLUSIVE EASEMENTS WITHIN SUCH OED/CA TED

AREAS, AS ARE NECESSARY TO INSURE THE CONTINUED AND

UNINTERRUPTED DISTRIBUTION OF GAS AND ELECTRICITY
. WITHIN THE SUBDIVISION BOUNDARIES."
(c) Preservation of Easement Riohts Within Public Streets 7 761464v\5A 05137/0052 1/10J05
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So long as ISLAND ENERGY is a municipal utility or a regulated utility provider, in the event of termination, irrespective of the cause or reason, or expiration of this Agreement, CITY shall, prior to any such event and as a condition thereto, provide Island Energy with a grant of non-exclusive easement, which may be located within a common trench, sufficient to enable ISLAND ENERGY to relocate, replace, update, install, reinstall and/or maintain its existing facilities in order to continue to provide service to all redeveloped areas in the Existing Service Area. The grant of easement shall include an adequate non-exclusive easement within those portions of the public streets utilized by Island Energy for the distribution of electricity. Further, CITY hereby acknowledges that ISLAND ENERGY is entitled to the rights and protections provided in the Public Streets, Highways and Service Easements Vacation Law (Streets and Highways Code, section 8300 et seq.} for public utility facilities.

SECTION 6. MINOR RELOCATIONS
Until such time as the Relocation Fund (as set forth in Section 14 hereof,) Is funded and available to the CITY, and upon written application being made by CITY, or on its belialf, to ISLAND ENERGY, for a project requiring relocation of ISLAND ENERGY facilities within the Existing Service Area having a total cost of less than $100,000, ISLAND ENERGY shall either credit or reimburse CITY for L!P to $25,000 of the cost of such relocation. The CITY shall be responsible for all costs above and beyond the $25,000 credit or reimbursement from ISLAND ENERGY. Such credit or reimbursement shall apply only . once during the fiscal year in which such work is performed, and any reimbursement by ISLAND ENERGY under this provision may be delayed until the following fiscal year for budgetary reasons. In addition, the $25,000 annual limit specified herein applies in the aggregate to relocations of ISLAND ENERGY'S electric and gas faoililies within their respective Existing Service Areas. A similar provision to this Section 6 is provided in the Operations Agreement Regarding Distribution of Gas on Mare lslana executed by ISLAND ENERGY and the CITY.

Unless otherwise specified in the contract relating to such work, all work on ISLAND ENERGY facilities shall be performed by ISLAND ENERGY .

SECTION 7. O?ERA TIONS FEE
(a} In consideration of the rights provided under this Agreerf1ent, during the term of this Agreement, ISLAND ENERGY shall pay CITY two percent (2%) of GRANTEE'S Gross Annual Receipts (the "Operations Fee"}. (b} As used in this section,"Annual Payment Date" means September 30, following the close of ISLAND ENERGY'S fiscal year. '
:. (c) Within three (3) months after the expiration of each fiscal year, or fractional fiscal year, following the Effective Date of this Agreement as certified under Section 20, but no later than September 30th of each such year, ISLAND ENERGY 8 761464v15A 05137/0052 1110/05
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shall file with City's Finance Director or other official designated by CITY a verified . statement under penalty of perjury showing in detail the Gross Annual Receipts of ISLAND ENERGY during the preceding fiscal" year, of fractional fiscal year. ISLAND ENERGY'S statement shall include such other data or information as CITY may reasonably require in calculating or determining the amounts which ISLAND ENERGY is obligated to pay CITY pursuant to the provisions of this Section 7. (d) No later than September 30th of each year.:. following the Effective Date of this Agreement~ ISLAND ENERGY shall pay to CITY, in lawful money of the United States, the amount required by this Section 7. In the event there is an overpayment for any reason, ISLAND ENERGY shall be entitled, at its election, to either a refund of the difference or the application of a credit in the amount of the difference to the following year's Operations Fee. In the event the Operations fee is not paid on or before the date set forth herein, ISLAND ·ENERGY shall pay as additional compensation, an interest ·charge, computed from such due date, at an annual rate of ten percent (10%) during the period for which payment was due. (e) Annually, at ISLAND ENERGY'S expense, ISLAND ENERGY shall provide CITY With an auditeq report conducted pursuant to Generally Accepted Auditing Standards consistently applied, which expresses an opinion that the statement has been prepared in accordance with the terms of this Agreement and that nothing has come to the auditors attention that would cause the auditors to believe that ISLAND ENERGY has not complied with this Agreement insofar as it relates to accounting matters.
(f)) The City Finance Director, or any certified public accountant or qualified person designated by CITY, after reasonable notice and at any reasonable times during business hours, may make examination or audit at ISLAND ENERGY'S office or offices, of its books, accounts and records germane to and for the purpose of verifying the data set forth in the statement required by Section (c). Upon CITY'S request, ISLAND ENERGY shall provide CITY with such records, directly related to revenues derived within CITY, which it may have. In the event an audit obtained by CITY indicates an underpayment by ISLAND ENERGY of the Operations Fee by more than five (5%) percent, ISLAND ENERGY shall bear the costs of such audit.

SECTION 8. AUTHORITY
This Agreement for the provision of electric service in the Franchise Area is granted under Article IX of the Vallejo City Charter. · 9 761464vl SA 05137/0052 J/10/05
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SECTION 9. ENFORCEMENT
(a) This Agreement may be tenninated by either party for failure to comply with the tenns of the agreement after written notice and an opportunity to cure, as set forth below. If a Party believes that the other Party is in default of its obligations under this Agreement, it shall send a written notice to the defaulting party, specifying the nature of the default.
(b) After receipt of the written notice of default, if the defaulting Party does not promptly commence to cure such default or the work of compliance, or after such commencement does not prosecute the work with due diligence to completion, the other Party may terminate this Agreement or seek any remedy available to it, whether in law or in equity. Prior to terminating this Agreement or instituting any action to enforce this Agreement, the parties shall, in good faith, meet and confer with the intention of resolving their differences. The parties agree that the appropriate venue for any such action shall be in the Superior Court of the County of Solano. Notice of demand for . compliance shall be in writing and delivered in accordance with the provisions set forth in Section 18 hereof.

SECTION 10. O'BLIGATIONS OF ISLAND ENERGY
(a) Non-Obstruction
All transmission and distribution structures, lines and equipment erected by ISLAND ENERGY within the public streets or in PUEs shall be located so as not to unreasonably obstruct or unnecessarily interfere with the usual and customary use of streets, alleys, and other public rights-of-way and places, and to cause minimum interference with the rights of property owners who abut the same; and not to unreasonably interfere with the existing public utility installations. ISLAND ENERGY has furnished to the City Engineer a copy of the Grant of Easement, including all attached maps, plats and descriptions of the location and character of all existing facilities, including underground facilities. ISLAND ENERGY shall file with CITY updates of such maps, plats and permanent records annually if changes have been mad~ in the system that did not otherwise require CITY approval. In using the Existing Service Area or the Franchise Area, ISLAND ENERGY shall not place poles, conduits, or other fixtures above or below ground where they will unreasonably interfere with any telephone, sanitary storm or sewer, or water or other utility fixtures. All of ISLAND ENERGY's poles, conduits, or other fixtures placed in any street shall be so placed as to comply with all requirements of the CITY. ISLAND ENERGY shall, on request of any person holding a moving permit issued by CITY, temporarily move its electric wires or fixtures to permit the moving of buildings with the expense of such temporary removal and relocation to be paid by the person requesting the same, and ISLAND ENERGY shall be given not less than ten days advance notice to arrange for such temporary change.

ISLAND ENERGY shall cooperate with and participate fully in Underground Service Alert {USA) and other reputable underground facility locating services to ensure that damage and/or interference with other underground facilities occupants is minimized.

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(b) Notice of Repairs to Propertv Owners
Except in cases of emergency or responses to unplanned system failures where it is impractical to do so, prior to 'entering onto property to construct, operate or repair its facilities (unless the repair or construction can be performed from the street without disrupting property), ISLAND ENERGY shall give the person residing on or using the property adequate notice, not less than twenty-four hours in advance that it intends to work on the property; a description of when and what work it intends to perform; and a name and telephone number the person can call to protest or seek modification of the work. Work shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners, residents and users, and that complies with applicable taw.
(c) Temoorarv Poles
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New permanent overhead facilities will not be installed on Mare Island.

However, when in the course of construction, ISLAND ENERGY desires to utilize temporary poles to facilitate construction, ISLAND ENERGY shall apply to the CITY to use the temporary pole method. Temporary Poles shall not be utilized, absent an emergency, without the prior written approval of the CITY, which approval shall not be unreasonably withheld. ISLAND ENERGY shall agree in writing to complete the undergrounding of related permanent facilities and the removal of the temporary poles within two (2) months from the date specified as the ending date of the temporary services, as provided by ISLAND ENERGY in its request to CITY. ISLAND ENERGY may request from CITY reasonable extensions of time to remove any temporary poles, subject to any conditions normally required by CITY of PG&E or any other utilities within the CITY.
' (d) ISLAND ENERGY agrees that it shall collect and remit to CITY any applicable utility tax, transportation surcharges, such as those contained in Public Utilities Code §§ 6351 et seq. or any other lawful charges relating to utility operation on Mare Island, if such collection is required generally of utilities by law; provided, however, that ISLAND ENERGY shall not be required to withhold service or pursue collection on any unpaid amounts.

SECTION 11. INSURANCE
During the term of this Agreement, ISLAND ENERGY shall obtain and maintain at its sole cost and expense the insurance coverage required by tliis Section.

In the event replacement coverage at the same levels and with companies having the same or better rating becomes unavailable, the parties shall coop~rate in modifying this Agreement as necessary to provide for the best alternative available. (a) Description
Upon the Effective Date, ISLAND ENERGY shall, at its sole expense and in addition to any other insurance required under this Agreement, take out and maintain during the term of this Agreement primary commercial general liability insurance with a 11 761464vl5A 05137/0052 1/10/0S
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company authorized to do business in the State of California with a rating by A.M. Best & Co. of not less than "A" that shall protect ISLAND ENERGY from claims which may arise from operations under this Agreement, whether such operations be by ISLAND ENERGY, its officials, officers, directors, employees and agents or any subcontractors of ISLAND ENERGY. ISLAND ENERGY shall use its best efforts to obtain insurance from a company with as high a rating as possible, but in the event it is unable to procure insurance with a company with the required minimum rating, CITY agrees to modify this requirement based on evidence reasonably satisfactory to CITY that such insurance is not generally available to other municipal utilities or ·otherwise regulated utilities at a reasonable cost. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from ISLAND ENERGY's vehicles, products and operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than One ·Million Dollars ($1,000,000.00). The primary liability policy shall provide coverage for the following:
(i) The policy shall provide coverage on an •occurrence" basis. (ii) T!'te policy shall cover personal injury as well as bodily injury. (iii) The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier's standard endorsement as to bodily injuries, personal injuries and property damage.
(iv) Property damage liability shall be afforded.
(v) ·An endorsement stating that the policy shall not be, canceled without thirty days written notice of such cancellation given to CITY.

As long as the coverage is available, ISLAND ENERGY shall maintain excess general liability coverage of up to Four Million ($4,000,000) dollars, having exclusions as follows:
761464vl5A 05137/0052
(i) Directors and Officers Liability.
(ii) Discrimination.
(iii) Employment Discrimination and Employment Related
Practices.
(iv) Acts of Terrorism.
(v) Failure to Supply - Utilities.
(vi) Lead Contamination.
(vii) Occupational or Environmental Disease.
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(viii) Real and Personal Property Damage Exclusion.
(ix) Pollution Exclusion.
(x) Punitive Damages Exclusion.
(xi) Subsidence.
(xii) Silica. . ..
(xiii) Electromagnetic Radiation.
(xiv) Cross Liability.
(xv) Fungi or Bacteria.
(xvi) Professional Liability.
(xvii) Exterior Insulation and Finish System.
(xviii) Contractors.
(xix) Intellectual Property.

The insurance coverage shall be primary and no insurance held by CITY shall be called to contribute to a loss under this coverage unless it is established that the loss is attributable solely or in part to the negligence or willful misconduct of CITY.

Such coverage shall name CITY as an additional insured for any work performed b~1 ISLAND ENERGY or its operations under this Agreement, provided that ISLAND ENERGY shall not be required to pay any additional cost to obtain such endorsements. (b). Documentation
Upon execution of this Agreement, ISLAND ENERGY shall submit to CITY documentation of the required insurance, including a certificate of insurance signed by the insurance agent and companies named, as well as an Additional Insured Endorsement designating CITY and its officers, boards, commissions, officials, agents and employees· as additional insureds, and shall thereafter file additional such proof annually.
(c) Notification of Litioation
·It shall be the obligation of ISLAND ENERGY to promptly notify CITY of any pending or threatened litigation that would be likely to adversely affect the CITY. It shall be the obligation of CITY to promptly notify ISLAND ENERGY of any pending or threatened litigation that would be likely to adversely affe'ct the rights or obligations of ISLAND ENERGY under this Agreement.
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(d) Workers.Compensation
Whenever conducting work on Mare Island, ISLAND ENERGY, shall ensure that either it, or any entity performing such work on ISLAND ENERGY's behalf, shall obtain and maintain Workers' Compensation Insurance for all of its employees performing such work, and in case any work is sublet, ISLAND ENERGY shall require any subcontractor similarly to provide Workers' Compensation Insurance for all of their employees, all in compliance with State laws, and to fully indemnify CITY from and against any and all workers compensation ·claims by employees of ISLAND ENERGY and its contractors and subcontractors arising out of occurrences during work on Mare Island. ISLAND ENERGY hereby indemnifies CITY for any and all costs, expenses (including reasonable attorneys' fees and disbursements of counsel), damages and liabilities incurred by CITY as a result of any failure of either ISLAND ENERGY or any subcontractor of ISLAND ENERGY'S to take out and maintain such insurance. ISLAND ENERGY shall provide CITY with a certificate of insurance indicating Workers' Compensation coverage on the Effective Date. This provision does not apply to employees of ISLAND ENERGY who do not perform work on Mare Island. secn·oN 12. INDEMNIFICATION
(a) ISLAND ENERGY Indemnification
(1) ISLAND ENERGY shall indemnify, defend and hold CITY, its. officers, boards, commissions, agents and employees (collectively the "CITY Indemnified Parties") harmless from and against any and all lawsu.its, claims, causes of action, actions, liability, demands, damages, judgments, settlements, losses, expenses (including reasonable attorneys' fees) and costs, that any of the CITY Indemnified Parties, acting within the perforlnance of the official duties of the position and not resulting from their sole negligence or willful misconduct, may at any time suffer, sustain or incur, arising out of, based upo'n or in any way connected with any work performed by ISLAND ENERGY or its contractors or its use, repair, management, installation of facilities within common trenches, locations on or adjacent to CITY facilities and public streets, including associated appurtenances. by ISLANO ENERGY or its officers·, boards, commissions, agents, contractors and employees. -(2) ISLAND ENERGY shall specifically indemnify, defend and hold harmless CITY Indemnified Parties from and against any and all lawsuits, claims, causes of action, actions, liability, demands, damages, costs, judgments, settlements, losses and expenses (including reasonable attorneys' fees), arising from any discharge of any hazardous materials in a public street and right-of-way or other public property and as a direct and proximate result of ISLAND ENERGY'S operations within any public streets and rights-of-way or other public property. This indemnification does not extend to hazardous materials that remain the responsibility of the United States Government and its grantees and assigns or are the responsibility of CITY or its grantees and assigns. As used in this section, "hazardous materials" means any 14 761464vl SA 05137/0052 1/10/05
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hazardous substances, materials or wastes (1) defined or listed as "hazardous substances," "toxic substances" or similarly identified under any provision of California I aw; (2) designated as "hazardous substances" under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Sections 9601 et seq.)* the Federal Hazardous Materials Transportation Law (49 U.S.C. Sections 5101 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901 et seq.), or the Toxic Substance Control Act of 1976 (15 U.S.C. Sections 2601 et sq.); (3) defined as "toxic pollutants" under the Clean Water Act (33 U.S.C. Sections 1251 et seq.); (4) designated as "hazardous air pollutants" under the Clean Air Act (42 U.S.C.

Sections 7401 et seq.);· or (5) defined, designated or listed under any State or federal legislation or regulations adopted or amended during the term of this Agreement. (b) Citv Indemnification
CITY shall indemnify, defend and hold ISLAND ENERGY, its officers, . · boards, commissions, agents and employees (collectively the "ISLAND ENERGY Indemnified P.arties") harmless from and against any and all lawsuits, claims, causes of action, actions, liability, demands, damages, judgments, settlements, losses, expenses (including reasonable attorneys' fees) and costs that any of the ISLAND ENERGY Indemnified Parties, acting within the performance of the official duties of the position and not resulting from their negligence or willful misconduct, may at any time suffer, sustain or incur, arising out of, based upon or in any way connected with any work performed by the CITY or its contractors, or their use, repair, management* installation of facilities within common trenches, locations on or adjacent to ISLAND ENERGY facilities and public streets, including associated appurtenances, by the CITY or its officers, boards, commissions, agents, contractors and employees.

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SECTION 13. TRANSFER OF RIGHTS
(a) ISLAND ENERGY may not sell, transfer, assign, or lease this Agreement, or part hereof, or any of the rights or privileges granted hereby, without the prior written consent of CITY, which may not be unreasonably withheld, expressed by ordinance or resolution of the City Council. Notwithstanding the· foregoing, the CITY may withhold its consent, in its sole discretion, to any proposed sale, transfer, assignment or lease of this Agreement or any part hereof to an entity other than a municipal utility or otherwise regulated utility. Any attempt to sell, transfer, assign, lease or otherwise dispose of the rights under this Agreement without the consent of the CITY Council shall be null and void. Notwithstanding the foregoing, CITY approval is not required for the granting of a security interest in any of ISLAND ENERGY'S assets, or any mortgage or other hypothecation, or by assignment as collateral of any rights, title or interest of ISLAND ENERGY in the Agreement and the rights· hereunder in order to secure an indebtedness. ·
(b) The CITY Council's approval or disapproval of any proposed transfer shall be based on the proposed transferee's legal, financial and technical 15 761464vl SA 05137/0052 1/10/05
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qualifications , the transferee 's acceptance of the terms and conditions of this Agreement and agreement to be bound thereby, and on whether ISLAND ENERGY is in compliance with the terms of this Agreement.
seCTION 14. FACILITY RELOCATION FUND
In accordance with" the proposed revisions to the Electric Tariff Schedules (tt~e "Tariff Schedules") to be adopted by ISLAND ENERGY , ISLAND ENERGY shall establish and make contributions to a relocation fund .(the "Relocation Fund") beginning on July 1, 2013 to defray the costs of relocation of its facilities after July 1, 2013 . The Tariff Schedules shall also provide for certain "Early Contributions", as defined within the Tariff Schedules and in the amounts set forth therein, to be made by ISLAND ENERGY prior to the establishment of the Relocation Fund . The Relocation Fund shall be funded and operated in accordance with tile terms of the Tariff Schedules.

SECTION 15. FRANCHISE NOT EXCLUSIVE
The franchise under this Agreement is not exclusive. The CITY reserves the right to build, install, own or operate electric power generation on Mare Island, allow others to do so, or do so in·combination with others . If, however, the CITY or others besides ISLAND ENERGY undertake to provide service to customers of ISLAND ENERGY on Mare Island, this Agreement does not relieve them from any obligation to pay exit or other fees if required by state or federal law.

SECTION 16. NOTICES
All notices, reports or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to the party designated' below, or when delivered by the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, or delivered by express mail or nationally recognized overnight air courier addressed to the party to which notice, report or demand is being given, as follows :

If to CITY : City Manager

CITY OF VALLEJO
City Hall
555 Santa Clara Street
Vallejo, CA 94590
with a copy to:

City Attorney

CITY OF VALLEJO
City Hall
555 Santa Clara Street
Vallejo , CA 94590
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If to GRANTEE:
(_)
General Manager,
Pittsburg Power Company
65 Civic Avenue
Pittsburg, CA 94565
with a copy to:

General Counsel -. ·
Pittsburg Power Company
65 Civic Avenue
Pittsburg, CA 94565
Such addresses may be changed by either. party upon notice to "the other party given as provided in this Section,
SECTION 17. RESOLUTION. NOTICE OF HEARING AND PROTESTS
On January !12005, the CITY Council adopted Resolution No. 05~23 N.C. !(\~Pk- stating its intent to grant the franchise contained herein and execute this Agreement.

Notice of hearing was given in the manner required by the Vallejo City Charter. The CITY Council has held a duly noticed public hearing on its intention to ~ant this franchise. The CITY Council heard any and all prote§ts Pn Feb. 1, 2005 ~ ~the CITY Council adopted Resolution No. 05-39 N.C.~. fd'etermining such protests to be insufficient, overruled or denied and approving the award of this franchise and approval of this Agreement.

SECTION 18. CONSTRUCTION
Headings in this Agreement are for convenience only, and shall have no bearing on interpreting the provisions hereof. If any provision of this Agreement is held by a court to be void or unenforceable, the same shall in no way affect any other provision of this Agreement, the application of any such provision in another circumstance, or the validity or enforceability of this Agreement as a whole. In the event any provision of this Agreement is held by a court to be void or unenforceable, CITY shall have the opportunity to amend this Agreement in a manner consistent with the judgment and in consultation with ISLAND ENERGY. Notwithstanding any provisions of this section to the contrary, if any provision of this Agreement is held by a court to be void or unenforceable in an action brought by ISLAND ENERGY or in an action in which ISLAND ENERGY appears and contests the facial validity of such provision, then the entire Agreement shall be of no further force or effect.

SECTION 19. EFFECTJVe DATE
The rights granted under this Agreement shall not become effective until all of the following conditions is satisfied: (1) ISLAND ENERGY executes this Agreement, which shall be no later than sixty (60) days after the effective date of Ordinance No. _or this Agreement shall be of no further force ~nd effect; and (2) ISLAND ENERGY files with 17 76!464v15A 05137/0052 1/10/05
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the CITY Clerk proof of insurance as required by Section 11. The first day of the first full month following receipt of the required documentation by the CITY Clerk shall be the effective date of this Agreement.

SECTION 20. JURISDICTION AND VENUE
Any dispute that arises under or relates to this Agreement shall be resolved in the Superior Court of the State of California and ver:iue shall be proper in Solano County. In any such litigation, the prevailing Party _shall be entitled to its respective attorneys' fees and costs.

SECTION 21. ISLAND ENERGY ADVISORY COMMrTTEE
Concurrently with the transfer of Mare Island by the Navy to the CITY and the easements to ISLAND ENERGY, ISLAND ENERGY and CITY fonTied an advisory committee that has met regularly to confer on issues relating to the delivery of electric and gas service to Mare Island. The parties agree that this committee with representatives from both parties shall continue to meet regularly to discuss issues that may arise during the course of development on Mare Island, as well as the implementation of this Agreement. Such issues include, but are .not limited to, any proposed changes in the tariffs and rates, any proposed transfer under Section 13 hereof, or any proposed modifications to the General Conditions. In addition, during the term of this Agreement, ISLAND ENERGY agrees that it shall provide to the CITY's representatives on the advisory committee copies of all notices, agendas and agenda packets for all public meetings of the Pittsburg Power Company that relate to the business of ISLAND ENERGY or. Mare Island at the same time as such information is made available to the public, at no cost to CITY.

SECTION 22.. NO EXPANSION OR DIMINISHMENT OF GRANT OF

EASEMENT
Nothing in this Agreement is intended to expand upon or diminish the rights granted to ISLAND ENERGY under the Grant of Easement.

SECTION 23. REPRESENTATIONS AND WARRANTIES oi=

SIGNATORIES
Each of the parties executing this Agreement does affinTiatively represent and warrant as follows: ·

1. That this Agreement and the resulting contract constitute a valid and binding obligation, as to each and every term thereof, enforceable in accordance with the terms thereof;

2. That the persons who have executed this Agreement are duly authorized to do so by all necessary action; and
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3. That the execution and delivery of this Agreement does not violate any provision of the laws, rules and authorities to which the parties are subject.

CITY OF VALLEJO, a Municipal
Corporation of the State of California and
Charter City
By: 1:~1\~~ LR
City Manager
Attest:
, I
Approved as to Form:

Approved as to Content:

Mark K. Akaba
Public Works Director
761464vl SA 05137/0052
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PITISBURG POWER COMPANY, A Joint
Powers Authority, dba ISLAND ENERGY
0£/ £_...:----· ---.k_
Attest:

Marc S. Grisham
Executive Director
Secretary
Ru sell H. Townsend
General Counsel
Pittsburg Power Company
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PRfiPARljD BY:
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ELECTRICAL EASEMENTS AND FACILmES
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ELECTRICAL Sl!RVICE AR!A
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MARE
ISLAND
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PREPARED FDR:
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LENNAl~1Al\g ISLAND
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1 MARE ISLAND

ISLAND ENERGY UTILITIES

ELECTRICAL SERVICE AREA
SCALE: 1" • 1500' DATE: DECEMBER 14, 2004
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ACTION ITEM 9.C.

DATE: February 25, 2025
TO: Mayor and Members of the City Council
FROM: Kristin Pollot, Planning & Development Services Director Cesar Orozco, Planning Manager
SUBJECT: CONDUCT A PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON APPEAL (APP24-0002) AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT (UP22-0007), VARIANCE (VAR24-0001), EXCEPTION (EXC24-0006), AND LANDSCAPE REVIEW (LR24-0013) FOR THE "SPRINGSTOWNE BOTTLESHOP" AT 2168 SPRINGS ROAD (APN: 0069-175-240) (PROJECT) AFTER FINDING THE

PROJECT EXEMPT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15301 AND 15303

RECOMMENDATION
Conduct a public hearing to consider and take action on Appeal (APP24-0002) of the Planning Commission's approval of Use Permit (UP22-0007), Variance (VAR24-0001), Exception (EXC24-0006), Landscape Review (LR24-0013) (Project) and environmental determination that the Project is exempt under the California Environmental Quality Act (CEQA) to allow an alcohol sales establishment at 2168 Springs Road.

REASONS FOR RECOMMENDATION
Staff recommends that the City Council uphold the Use Permit, Exception, Landscape Review, and Variance approval for the following reasons (1) it is consistent with General Plan 2040 and the Vallejo Municipal Code; (2) it provides reinvestment in the shopping center; and (3) the Planning Commission appropriately made all of the required findings to grant the subject Use Permit, Exception, Landscape Review, and Variance, and related actions.

BACKGROUND AND DISCUSSION
On January 1, 1994, Alcoholic Beverage Control issued a Type 21 – off-sale general alcohol license for the sale of beer, wine and distilled spirits to the owner of the Springstowne Bottle Shop, a business located at 2154 Springs Road.

On March 20, 2008, a business license was issued for Springstowne Bottle Shop to operate a liquor store at 2154 Springs Road. The existing business has been in operation for over 30 years at the existing location of 2154 Springs Road. The existing business does not have a Use Permit to operate at 2154 Springs Road, as one was not required when they originally established the business; however, the business is considered a “deemed approved use” (see the Project Description below for more details).

On June 28, 2022, Roberto Cortez, the applicant, on behalf of Ranjwinder Sidhu, the property owner at 2168 Springs Road, submitted an application for a Use Permit to relocate an existing liquor store. The application was deemed incomplete, as additional entitlements were required. The applicant submitted the revised Project plans and applied for a Landscape Review, Exception and a Variance. The Project plans were routed to various city departments and outside agencies for their review, and the full application was determined to be complete on May 29, 2024.

On November 18, 2024, the Planning Commission held a duly noticed public hearing and, after considering all

Date: February 25, 2025
Subject: CONDUCT A PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON APPEAL (APP24-0002) AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT (UP22-0007), VARIANCE (VAR24-0001), EXCEPTION (EXC24-0006), AND LANDSCAPE REVIEW (LR24-0013) FOR THE "SPRINGSTOWNE
BOTTLESHOP" AT 2168 SPRINGS ROAD (APN: 0069-175-240) (PROJECT) AFTER

FINDING THE PROJECT EXEMPT PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15301 AND 15303

Page 2 ends

public testimony and written comments, voted 4-0, with three members absent, to approve Use Permit (UP22- 0007), Exception (EXC24-0006), Landscape Review (LR24-0013), and Variance (VAR24-0001). Minutes from the meeting, as well as written public comment received regarding the application, are included as attachments to this report.

On November 21, 2024, Kathllen McInerney Olson, on behalf of McInerney Enterprises, LLC, filed an Appeal (APP24-0002), requesting that the City Council overturn the Planning Commission’s November 18, 2024, approval of the Project (as referenced above).

Location and Land Use Context
The Project site is located at 2168 Springs Road, at the corner of Springs Road and Lain Drive, and is surrounded by existing commercial and residential uses. Single-family residences and Taft Way lie to the north, Lain Drive and an automotive detailing shop to the east, Springs Road and a commercial shopping center to the south, and a commercial shopping center to the west. (See Figure 1 of Attachment A). Interstate 780 (I-780) is approximately 1.3 miles to the south and Interstate-80 is approximately 0.8 miles to the west.

These two highways provide regional access, while Springs Road and Lain Drive provide direct access.

The Project site’s General Plan 2040 Land Use Designation is Neighborhood Corridor (NC), which is implemented by the Neighborhood Mixed-Use (NMX) Zoning District.

Project Description
The Project consists of the relocation of an existing liquor store, known as “Springstowne Bottleshop,” from 2154 Springs Road (APN:0069-175-270) to 2168 Springs Road (APN:0069-175-240). The new location at 2168 Springs Road, which is currently occupied by three tenants and totals 2,797 square feet, would be merged into one single-unit tenant space with interior improvements to accommodate the new liquor store.

Once reconfigured, the 2,797 square-foot tenant space would include a 1,675 square-foot sales floor area, 460 square feet for two walk-in coolers, 216 square feet for dry storage, and 446 square feet for a break room and restroom. A total of 775 square feet of the sales floor area would be dedicated to the sale of alcohol items (about 27% of the total sales floor area). The Project also includes 2,353 square feet of new landscaping, six (6) reconfigured off-street parking spaces and a new 79 square-foot trash enclosure. The applicant has requested an Exception to reduce the required 2,782.8 square feet of landscaping by 25% percent and a Variance to waive the requirement for a six-foot solid wall along the rear property line adjacent to the residential zoning district.

The operator intends to sell the following types of alcoholic beverages: individual containers of beer less than 40 ounces (oz.), 40 oz. beer, 6–12 packs of beer, ale or wine coolers, cases of beer or wine, malt liquor 12 oz. or greater, kegs of beer, individual containers of wine coolers, bottles of wines 750 milliliter (ml) or larger, 6–12 packs of wine coolers, individual container of fortified wines less than 500 ml, fortified wines of any size, distilled spirits smaller than pint-size, and distilled spirits pint-size or larger. These offerings are the same as what is currently sold at their existing location at 2154 Springs Road.

The Operator has proposed to reduce its hours of operations to 8 a.m. to 12 a.m. (midnight) seven days a week. It currently operates from 7:30 a.m. to 1 a.m., Sunday – Thursday, and 7:30 a.m. to 2 a.m. Friday- Date: February 25, 2025
Subject: CONDUCT A PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON APPEAL (APP24-0002) AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT (UP22-0007), VARIANCE (VAR24-0001), EXCEPTION (EXC24-0006), AND LANDSCAPE REVIEW (LR24-0013) FOR THE "SPRINGSTOWNE
BOTTLESHOP" AT 2168 SPRINGS ROAD (APN: 0069-175-240) (PROJECT) AFTER

FINDING THE PROJECT EXEMPT PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15301 AND 15303

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Saturday. A total of four employees would operate the store, two full-time and two part-time. Employees would continue to receive training from the ABC – Responsible Beverage Service Training Program for proper sales of alcoholic beverages, as they do at the current business location.

Deemed Approved Status: The existing Type 21 – Alcoholic Beverage Control (ABC) Type 21 – General off- sale license for beer, wine and distilled spirits was originally issued on January 1, 1994 for the business. Vallejo Municipal Code (VMC) Section 16.305.06 (B) provides, “all businesses engaged in the sale of alcoholic beverages, including eating and drinking establishments that were non-conforming uses prior to August 25, 1998 and still do not possess a minor or major use permit for the sale and service of alcohol, shall automatically become deemed approved uses and shall no longer be considered non-conforming uses.” The existing liquor store is categorized as deemed approved under this provision. With the proposed relocation of the deemed approved use from one location to another, and the legalization of the use through the issuance of a Major Use Permit, the deemed approved status for the existing business will cease to apply.

Code Compliance

I. Required Entitlements and Findings

• Use Permit: The proposed use is defined as a “Liquor Store” (VMC Section16.701). In accordance with VMC Table 16.301-A: "Land Use Regulations," a new Liquor Store in the Neighborhood Mixed-Use Zoning District requires a Major Use Permit and is subject to the standards found in VMC Chapter 16.305 – Alcoholic Beverage Sales.

Required Findings. VMC Section 16.606.03 requires the review authority to make the following findings prior to granting a Major Use Permit:

a) The proposed use is conditionally allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and all other titles of the Vallejo Municipal Code; b) The proposed use is consistent with the general plan and any applicable specific plan or planned development and any other applicable plans;
c) The subject parcel is physically suitable for the type of land use being proposed; d) The proposed use is compatible with existing and permissible land uses within the zoning district and the general area in which the proposed use is to be located which may include but not be limited to size, intensity, hours of operation, number of employees, or the nature of the operation; e) The physical location or placement of the use on the site is compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood; f) The proposed use and related project features will not create any nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding ambient conditions and would not otherwise be detrimental to the public interest, health, safety, or general welfare; and g) The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

• Exception: VMC Chapter 16.608 provides a process to allow for limited relief of certain dimensional Date: February 25, 2025
Subject: CONDUCT A PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON APPEAL (APP24-0002) AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT (UP22-0007), VARIANCE (VAR24-0001), EXCEPTION (EXC24-0006), AND LANDSCAPE REVIEW (LR24-0013) FOR THE "SPRINGSTOWNE
BOTTLESHOP" AT 2168 SPRINGS ROAD (APN: 0069-175-240) (PROJECT) AFTER

FINDING THE PROJECT EXEMPT PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15301 AND 15303

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requirements within the Zong Code. Subsection 16.608.01.G specifies that an exception may be granted for up to 25 percent of the required landscaping for a new project. Since the project proposes 2,353 square feet of landscaping, where 2,783 square feet would be required, an Exception is required.

Required Findings: VMC Section 16.608.05 requires the review authority to make the following findings prior to granting an Exception:

a) The exception is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance;
b) There are no alternatives to the requested exception that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public; c) The granting of the requested exception will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of the Zoning Code;
d) If the exception requested is to provide reasonable accommodation pursuant to state or federal law, the review authority must also make the following findings in addition to any other findings that this Zoning Code requires:
i. That the subject housing or property will be used by an individual or organization entitled to protection; ii. If the request for accommodation is to provide fair access to housing, that the request is necessary to make specific housing available to an individual protected under state or federal law; iii. That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and iv. That denial of the requested exception would impose a substantial burden on religious exercise or would conflict with any state or federal statute requiring reasonable accommodation to provide access to housing; and
e) The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.
f) Notification. Notice shall be provided in compliance with the requirements of Chapter 16.602, Common Procedures, Section 16.602.08, Noticing. When a project subject to an exception permit approval and requires a development review permit, use permit variance, an amendment of the Zoning Code or any other discretionary action, the notice for such approval shall also state that the project is subject to an exception.

• Variance: VMC Chapter 16.607 provides a Variance process to allow modified dimensional and/or performance standards that may fall outside the scope of an Exception but are deemed necessary because of special circumstances applicable to the property. VMC Section 16.305.02.B.10 requires a sound wall of six feet in height between the proposed business and the abutting residential use. A Variance was requested to waive this requirement.

Required Findings: VMC Section 16.607.03 requires the review authority to make the following findings prior to granting a Variance:

a) That a hardship peculiar to the property and not created by any act of the owner exists. In this context, Date: February 25, 2025
Subject: CONDUCT A PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON APPEAL (APP24-0002) AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT (UP22-0007), VARIANCE (VAR24-0001), EXCEPTION (EXC24-0006), AND LANDSCAPE REVIEW (LR24-0013) FOR THE "SPRINGSTOWNE
BOTTLESHOP" AT 2168 SPRINGS ROAD (APN: 0069-175-240) (PROJECT) AFTER

FINDING THE PROJECT EXEMPT PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15301 AND 15303

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personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. Further, a previous variance can never set a precedent, for each case must be considered only on its individual merits;

b) That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other conforming property in the same vicinity and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors;

c) That the granting of the variance will not be materially detrimental to the public health, safety or welfare or will not impair an adequate supply of light and air to adjacent property;

d) That the conditions upon which the requested variance is based would not be applicable, generally, to other property within the same zoning classification;

e) That either the variance is so insignificant that granting it will not be incompatible with the general plan; or the potentially adverse effects of the variance on said plan, which would be avoided by denying the variance, are exceeded by the individual hardship which would be relieved by granting the variance; and

f) The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

II. General Plan Consistency
The General Plan 2040 Land Use Designation for the subject property is Neighborhood Corridor (NC). The General Plan characterizes this designation as follows:

Permitted uses in the NC designation include multifamily developments, retail, personal and automotive services, professional offices, community facilities, and other uses conducted primarily inside of buildings and compatible with an eclectic neighborhood‐oriented mixed‐use environment. The maximum permitted FAR in the NC designation is 2.0, with a minimum residential density of 18 dwelling units per acre and up to 30 dwelling units per acre.

The Project is consistent with the NC land use designation in that it includes the continuation of an existing liquor store that serves existing residents in the area. The proposed relocation of the existing liquor store would beautify an underutilized site with new landscaping and maintain an existing business in the City.

Additionally, the Project is consistent with applicable General Plan 2040 policies and actions, such as Policy CP-1.11: Responsible Alcohol Sales, Policy EET-3.2: Local Business Retention, and Policy NBE-1.8 Urban Forest. (See Table 1 of the Consistency Analysis).

III. Zoning Code Compliance

The Project site is zoned Neighborhood Mixed-Use (NMX). VMC Table 16.102-A: Zoning Districts states the Date: February 25, 2025
Subject: CONDUCT A PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON APPEAL (APP24-0002) AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT (UP22-0007), VARIANCE (VAR24-0001), EXCEPTION (EXC24-0006), AND LANDSCAPE REVIEW (LR24-0013) FOR THE "SPRINGSTOWNE
BOTTLESHOP" AT 2168 SPRINGS ROAD (APN: 0069-175-240) (PROJECT) AFTER

FINDING THE PROJECT EXEMPT PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15301 AND 15303

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NMX zoning district is consistent with, and implements the NC General Plan Land Use Designation. The use of a Liquor Store is allowed within the NMX district subject to the approval of a Major Use Permit, and subject to the standards found in VMC Chapter 16.305 – Alcoholic Beverage Sales.

Alcoholic Beverage Sales (VMC Chapter 16.305)

VMC Chapter 16.305, Alcoholic Beverage Sales, includes additional regulations established to implement the general plan's policy to promote responsible sale and service of alcoholic beverages, as well as reduce impacts from the operation of businesses selling alcoholic beverages for on-site or off-site consumption. VMC Section 16.305.02 includes an extensive list of requirements related to alcoholic beverage sales, which would be carried forward as conditions on this project approval (as applicable). These requirements generally relate to ensuring the business operator prevents loitering on site, limits late-night sales of alcohol, keeps the property clean and free of litter/graffiti, displays proper signage related to regulations, allows for periodic inspections by City staff (including PD) as needed, and follows proper requirements if/when the business is ever transferred to a new operator.

VMC Section 16.305.02 (B.10) requires placement of a sound wall up to six feet in height between the liquor store and any abutting residential use. The applicant has requested a Variance from this requirement because there is an existing five-foot reserve easement along the north property boundary line that prevents the installation of a permanent structure.

VMC Section 16.305.05, includes additional requirements specific to “liquor stores, convenience stores, and mini-markets associated with fuel sales offering alcoholic beverages for off-site consumption.” The proposed project would comply with these requirements as follows:

A. The review authority may grant a permit only if, from the facts presented with the application, at the public hearing, or as determined by investigation, it finds that the conditions described in Section 16.305.04, Eating and Drinking Establishments, exist.

• (Section 16.305.04.A) The location and operating characteristics of the proposed alcohol sales will not adversely affect sensitive land uses in the surrounding area, including, but not limited to, residences, schools, parks, playgrounds, places of religious assembly, hospitals, and convalescent homes. For the purposes of this chapter, "adversely affect" means to impact in a substantial, negative manner the economic value, habitability, or use of properties in the immediate area.

Compliance Analysis: The only sensitive land uses in the vicinity of the Project site would be the existing residences located to the north and an elementary school to the east. The proposed relocation of the liquor store would not adversely affect the nearby residences and schools in the area, in that the business would adhere to all requirements outlined in the VMC Section 16.305.02, ensuring responsible sale of alcoholic beverages at the site.

• (Section 16.305.04.B) The impacts of any nearby discretionary land use that is already subject to a use permit and that also proposes to engage in late night alcohol sales and/or service are not increased; Date: February 25, 2025
Subject: CONDUCT A PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON APPEAL (APP24-0002) AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT (UP22-0007), VARIANCE (VAR24-0001), EXCEPTION (EXC24-0006), AND LANDSCAPE REVIEW (LR24-0013) FOR THE "SPRINGSTOWNE
BOTTLESHOP" AT 2168 SPRINGS ROAD (APN: 0069-175-240) (PROJECT) AFTER

FINDING THE PROJECT EXEMPT PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15301 AND 15303

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Compliance Analysis: The proposed use does not include late night alcohol sales, and the existing liquor store location (at 2154 Springs Rd.) would close prior to opening the new location.

• (Section 16.305.04.C) Conditions including, but not limited to, interior and exterior restrictions such as noise controls, location and use of parking areas, sound barriers, and other performance standards manage, minimize, mitigate, eliminate or reduce the impacts of that activity on the public health and safety.

Compliance Analysis: The proposed relocation of the liquor store would not contribute any new noise source to the existing area, and it is not expected to result in increased traffic to the site that could impact parking areas or other performance standards intended to manage, minimize, mitigate, eliminate or reduce impacts on public health and safety.

B. No liquor store, except for a large format liquor store, or convenience store, or mini-market associated with fuel sales offering alcoholic beverages for off-premise consumption shall be established within one thousand feet of a property containing an existing or approved liquor store, convenience store or mini-market associated with fuel sales offering alcoholic beverages for off-site consumption.

Compliance Analysis: The existing “Springstowne Bottleshop” store is the only existing business within 1,000 feet of the Project site that qualifies as “an existing or approved liquor store, convenience store or mini-market associated with fuel sales offering alcoholic beverages for off-site consumption.” However, since this business is proposed for relocation and would be required to close prior to the opening of the new location, the Project would comply with this VMC requirement, as conditioned.

C. A convenience store or mini-market may sell beer and wine under an ABC Type 20 license provided the total floor area devoted to display of such products does not exceed ten percent of the gross floor area.

Compliance Analysis: Not Applicable; the proposed relocation of the alcohol outlet is a liquor store and not a convenience store or mini-market.

NMX District Development Standards (VMC Chapter 16.203) Although the proposed Project does not involve physical exterior changes to the building, the proposed Project site improvements were reviewed against applicable development standards found within the NMX zoning district and other chapters and sections that apply to the Project, such as landscaping and off-street parking (refer to Table 2 of Consistency Analysis).

Landscaping (VMC Chapter 16.504): The proposed Project includes a total of 2,353 square feet of landscaping on the Project site. VMC Table 16.504-A: “Landscape Requirements” states that a minimum of 20 percent of the site shall be landscaped, which would equate to a minimum of 2,783 square feet of landscaping required on the 13,914 square-foot Project site. If approved, the requested Exception would allow a reduction of up to 25 percent in the amount of landscaping required on the site. A 25 percent reduction would reduce the current requirement from 2,783 square feet of landscaping down to 2,087 square feet. The current proposal for 2,353 square feet of landscaping is equivalent to a reduction of about 15.4 percent, which is within the Date: February 25, 2025
Subject: CONDUCT A PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON APPEAL (APP24-0002) AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT (UP22-0007), VARIANCE (VAR24-0001), EXCEPTION (EXC24-0006), AND LANDSCAPE REVIEW (LR24-0013) FOR THE "SPRINGSTOWNE
BOTTLESHOP" AT 2168 SPRINGS ROAD (APN: 0069-175-240) (PROJECT) AFTER

FINDING THE PROJECT EXEMPT PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15301 AND 15303

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allowable limits for an Exception request.

Off-Street Parking (VMC Chapter 16.508): The Project proposes six (6) off-street parking spaces, with one of the stalls designed for ADA accessibility. VMC Table 16.508-B: “Off Street Parking” requires commercial uses to provide two off-street parking spaces per 1,000 square feet. With an overall tenant space of 2,797 square feet, a total of 5.5 off-street parking spaces are required. VMC Section 16.104.02 (A) General Rounding states, fractions of one-half (0.5) or greater must be rounded up to the nearest whole number, and fractions of less than one-half (0.5) must be rounded down to the nearest whole number, except as otherwise provided. As such, the parking requirement is rounded up to a minimum of six off-street parking spaces, which is consistent with the six spaces proposed in the project.

Staff Analysis
Staff believes all the applicable findings for the Use Permit, Exception and Variance, as listed above, can be made for the proposed project. A summary of staff’s analysis is included below, with specific analysis associated with each required finding, including recommended statements of fact, incorporated into the attached Resolution. (See Attachment 1.)

Use Permit: The proposed Project is compatible with existing and permissible land uses within the immediate and surrounding area. Staff believes that the relocation of the liquor store into the neighboring tenant space would serve to reactivate and enhance the existing commercial site. The proposed reconfigured parking area meets the requirements of the zoning code, and the proposed new landscaping around the perimeter of the site, including new trees, shrubs, vines, and ground cover, would serve to beautify the area and create a sense of place on an underutilized site. The area behind the building along the north property line adjacent to the residences would also be enhanced with the addition of new trees, shrubs and groundcovers that would serve to create a visual buffer between the site and the existing residences.

In addition, the new location for the business would not result in any adverse impacts to the surrounding neighborhood; rather, the reduced business hours, from 7:30 a.m. to 1 a.m., Sunday – Thursday, and 7:30 a.m. to 2 a.m. Friday-Saturday, to 8 a.m. to 12 a.m. (midnight) seven days a week are expected to have a positive effect on the area by reducing the amount of late night (after midnight) traffic in the area.

Lastly, the proposal would also result in the elimination of a currently “deemed approved” alcohol use. As previously mentioned in the background section above, the existing business at its current location is considered a “deemed approved” use, in accordance with VMC Section 16.305.06 (B). The proposed Project to relocate an existing liquor store would require a Major Use Permit, thereby legalizing the business. With the approval of the Major Use Permit as proposed, the deemed approved status for the existing business would cease, and the new business location would be considered in full conformance with the zoning code.

Exception: The current proposal includes 2,353 square feet of landscaping, which is equivalent to a 15 percent reduction from the required minimum landscape coverage (20 percent) for the site and is within the allowable limits for an Exception request. Staff believes that since the site is already developed and has limited physical space available, the requested exception is necessary and appropriate. Without the reduction, there would not be adequate space for a vehicle aisle along the north property line, nor would there be adequate space for Date: February 25, 2025
Subject: CONDUCT A PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON APPEAL (APP24-0002) AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT (UP22-0007), VARIANCE (VAR24-0001), EXCEPTION (EXC24-0006), AND LANDSCAPE REVIEW (LR24-0013) FOR THE "SPRINGSTOWNE
BOTTLESHOP" AT 2168 SPRINGS ROAD (APN: 0069-175-240) (PROJECT) AFTER

FINDING THE PROJECT EXEMPT PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15301 AND 15303

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vehicles to pull out of the parking spaces in the main parking area. Staff does not believe there are any alternatives to the requested exception that could provide equivalent benefit to the applicant with less potential detriment to surrounding owners and occupants or the general public, and as such, staff recommends approval of the Exception request.

Variance: As discussed above, VMC Section 16.305.02 (B.10) requires placement of a sound wall up to six feet in height between the business and any abutting residential use. The applicant has requested a Variance from this requirement because there is an existing five-foot reserve easement along the north property boundary line that prevents the installation of permanent structures. Staff believes that the presence of the existing easement qualifies as a special circumstances applicable to the property, warranting approval of a variance to waive the wall construction requirement in this location. The existing easement would prevent the installation of required footings that would be necessary to safely and appropriately construct a solid six-foot wall. Further, the existing wooden six-foot fence is proposed to remain and serve as a buffer between the uses, and new landscaping would be added to create an additional visual buffer to improve the aesthetic appearance of the area.

The Appeal
The main arguments for the appeal are restated below in bold, with staff’s responses following in italics. A copy of the full appeal request (provided in its entirety) is attached to this report.

1. Appellant Claim: The old location retains its deemed approved alcoholic beverage sales use, despite Staff’s interpretation otherwise. The approved land use runs with the land.

This is supported by Vallejo’s own municipal code Section 16.305.06 (C) and 16.305.02 (B)(12)(a).

Looking at Section 16.305.06 and particularly subsection C about abandonment, it’s clear that the deemed approved status applies to the alcoholic beverage land use at that location, not just to a specific business. The interpretation is supported by the language in Section 16.305.06 (C) which states: “Whenever a deemed approved use discontinues active operation for a continuous period of 12 moths, such deemed approved use shall not be resumed. Related structures may be utilized thereafter only for a permitted use.”

The key points supporting this interpretation:
a. The code refers to the “deemed approved use” rather than the “deemed approved business” b. The abandonment provision focuses on discontinuation of the “use” rather than change of ownership.
c. Under Section 16.305.02 (B)(12)(a), an existing alcohol outlet that was lawfully established remains exempt from permit requirements “if the licensed premises have remained in continuous operation without substantial change in mode or character of operation” So as long as the alcohol sales use isn’t discontinued for 12+ months.

The reason this provision is even in Vallejo’s municipal code is because land-use case law calls for it:

While other parts of the ordinance inadvertently muddy the waters by using “use” and “business” interchangeably, the case law supporting existing land uses continuing is clear and was the inspiration for Vallejos provisions related to deemed approved uses:

FINDING THE PROJECT EXEMPT PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15301 AND 15303

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“The rights of users of property as those rights existed at the time of the adoption of a zoning ordinance are well recognized and have always been protected…. Accordingly, a provision which exempts existing nonconforming uses is ordinarily included in zoning ordinances because of the hardhip and doubtful constitutionality of compelling the immediate discontinuance of nonconforming uses” Livingston Rock etc. Co. v. County of L.A. (1954)

Not only does Vallejo’s Alcoholic Beverage Sales Code Section protect the previous use based on this case law, but almost every city in the State has a separate code section just for these protections in response to this case law, including Vallejo – Chapter 16.105.

Staff’s Response: Vallejo Municipal Code (VMC) Section 16.701.02 provides the following definition for “Deemed Approved Use” - A business or entity that uses a building, structure, or site, or portion of such, for the sale of alcoholic beverages, tobacco or tobacco related products, that was lawfully established and maintained (not terminated for a period of twelve continuous months), but no longer conforms to the relevant provisions of the Zoning Code. A "deemed approved use" is not a "non-conforming use."

Additionally, VMC Section 16.701.02 provides the following definition for “Non-conforming Use” – A use of a building, structure, or site, or portion thereof, or a building, structure or facility itself, which was legally established, and has been maintained, erected or altered in compliance with applicable regulations but which no longer conforms to the specific current regulations applicable to it. Provided, however, that this term shall not apply to any use involving the sale of alcoholic beverages (See Deemed approved use) [Emphasis added].

Non-conforming uses include, but are not limited to, uses that are no longer conforming because of annexation or amendments to this Zoning Code.

VMC Section 16.305.06 (B) states, “All businesses engaged in the sale of alcoholic beverages, including eating and drinking establishments that were non-conforming uses prior to August 25, 1998 and still do not possess a minor or major use permit for the sale and service of alcohol shall automatically become deemed approved uses and shall no longer be considered non-conforming uses.”

Based on the foregoing, the Springstowne Bottleshop automatically became a deemed approved use upon the effective date of the new Zoning Code and, as relevant here, was no longer to be considered a non- conforming use. The deemed-approved alcohol use vests with the business, which may continue to operate provided there is no substantial change in mode or character of operation, change in ownership, or interior remodel. The deemed approved status will terminate once the business relocates and begins operating at the new location.

3. Appellant Claim: Vallejo’s Municipal Code provides that “No liquor Store… shall be established within one thousand feet of a property containing an existing or approved liquor store…” Date: February 25, 2025
Subject: CONDUCT A PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON APPEAL (APP24-0002) AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT (UP22-0007), VARIANCE (VAR24-0001), EXCEPTION (EXC24-0006), AND LANDSCAPE REVIEW (LR24-0013) FOR THE "SPRINGSTOWNE
BOTTLESHOP" AT 2168 SPRINGS ROAD (APN: 0069-175-240) (PROJECT) AFTER

FINDING THE PROJECT EXEMPT PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15301 AND 15303

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a. The original location has a deemed approved liquor store use which can continue and is protected by the muni code and case law.
b. That use remains valid (hasn’t been abandoned or changed, Vallejo’s code even explicitly protects changes in ownership and significant interior remodels) c. Therefore, the original location is “a property containing an existing…liquor store” d. The new location would be establishing a liquor store within 1,000 feet of that existing use.

Springtowne Bottleshop ultimately may seek a new location, but must be 1,000 feet away from this existing alcoholic beverage sales use. The original property’s land use is protected and the community cannot have an overconcentration of liquor stores here as it will affect health, safety, and welfare.

As part of the Planning Commission action on November 18, 2024, the Planning Commission approved a Condition of Approval (COA No. 13) that states, “Prior to occupancy, the existing “Springstowne Bottleshop” liquor store located at 2154 Springs Road shall be permanently closed.” As such, Springstowne Bottleshop will need to cease all operations at its current location prior occupying the new location to prevent non-conformity with the Zoning Code.

Once relocated, and the existing location closed, the liquor store will be located outside of the 1,000-foot buffer between “an existing or approved liquor store, convenience store or mini-market associated with fuel sales.” It should also be noted that the existing “Quick Stop,” a mini-market associated with fuel sales, is located 1,055 feet to the west, and “7-Eleven,” a convenience store offering off-site alcohol sales, is located 1,650 feet to the west.

4. Appellant Claim: The findings for denial of a use permit include that 16.305.06 protects the land use on the existing site, legal precedent protects the land use on the existing site, and Vallejo’s municipal code calls for 1,000 foot buffer from existing approved locations.

Furthermore, recognizing the original locations protected rights, and allowing Springtowne to go in next door, would be counter to the intent of the Vallejo Municipal Code and would create an overconcentration of liquor stores that would potentially affect the Community’s health, safety, and welfare.

Staff Response: The findings applicable here are the same standards required for the original decision. (See VMC Section 16.602.14 (G).) Please refer to the required findings for each of the requested entitlements, above. The Vallejo Municipal Code grants deemed approved status to alcohol sales establishments that, at the time the City's Zoning Code was adopted in 2021, were in existence but out of compliance with the new permit requirements. As discussed, the "deemed-approved" status runs with the business -- the holder of the Date: February 25, 2025
Subject: CONDUCT A PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON APPEAL (APP24-0002) AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT (UP22-0007), VARIANCE (VAR24-0001), EXCEPTION (EXC24-0006), AND LANDSCAPE REVIEW (LR24-0013) FOR THE "SPRINGSTOWNE
BOTTLESHOP" AT 2168 SPRINGS ROAD (APN: 0069-175-240) (PROJECT) AFTER

FINDING THE PROJECT EXEMPT PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15301 AND 15303

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alcohol license--rather than with the land. Accordingly, appellants do not have a "protected land interest" with respect to alcohol sales.

To prevent an over-concentration of alcohol sales establishments in the City, a 1,000-foot buffer around the new location (at 2168 Springs Road) would apply to the Project through Condition of Approval No. 13.

FISCAL IMPACT
Approval of the project would provide revenue from building permit fees associated with physical improvement of the site. The City would also continue to receive business license tax and the project would provide property tax revenues both directly from the subject property, and indirectly through potential property value increases resulting from onsite improvements and potential further investments in the surrounding area.

ENVIRONMENTAL REVIEW
Under the California Environmental Quality Act, the State has identified a list of classes of projects, which have been determined to not have a significant effect on the environment and are therefore exempt from the requirements of CEQA. The proposed project is exempt under CEQA Guidelines, Section 15301(a) (Class 1 “Existing Facilities”) and ( Section 15303(c) (Class 3: “New Construction or Conversion of Small Structures”) due to the proposal including interior alterations to an existing building less than 10,000 square feet in area on a site zoned for the proposed use and where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

Moreover, none of the exceptions listed in CEQA Guidelines, Section 15300.2 apply, in that: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects due to unusual circumstances, (d) the project is not located near a scenic highway, (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5, and (f) the project would not adversely affect any historical resource. Therefore, no further environmental review is required.

NOTICE AND COMMENTS

On February 11, 2025, pursuant to VMC Section 16.602.08, a notice of this hearing was published in the Times Herald, mailed to all active neighborhood groups, all property owners within 500 feet of the subject property, and any other interested parties and local agencies expected to provide water, wastewater treatment, and/or other essential facilities or services to the project, as well as to members of the City Council, the applicant, and the appellant and property owner.

As of the writing of this staff report, staff has not received any written comments about the appeal.

ATTACHMENTS

1. Attachment 1 - Resolution__Springstowne Bottleshop_CAO Stamp

2. Exhibit A - Conditions of Approval

3. Exhibit B - Project Plans

4. Consistency Analysis
Date: February 25, 2025
Subject: CONDUCT A PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON APPEAL (APP24-0002) AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT (UP22-0007), VARIANCE (VAR24-0001), EXCEPTION (EXC24-0006), AND LANDSCAPE REVIEW (LR24-0013) FOR THE "SPRINGSTOWNE
BOTTLESHOP" AT 2168 SPRINGS ROAD (APN: 0069-175-240) (PROJECT) AFTER

FINDING THE PROJECT EXEMPT PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15301 AND 15303

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5. November 18, 2024 - Planning Commission Staff Report and Supporting Documentation

6. Adopted Planning Commission Resolution - PC24-11

7. Minutes from the November 18, 2024, Planning Commission Meeting. 11.18..24 - Meeting Minutes_final - signed

8. Written comments received prior to Planning Commission action

9. Appeal (APP24-0002) Request, letter to City Council and supporting material

CONTACT
Kristin Pollot, Planning & Development Services Director [email protected]
Cesar Orozco, Planning Manager (707) 648-5436
[email protected]

RESOLUTION NO. 25-_____ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO DENYING APPEAL (APP24-0002) AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF, AND GRANTING, A USE PERMIT (UP22-0007), EXCEPTION (EXC24-0006), VARIANCE (VAR24-0001), AND LANDSCAPE REVIEW (LR24-0013) FOR THE “SPRINGSTOWNE BOTTLESHOP” (PROJECT) AFTER FINDING THE

PROJECT EXEMPT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15301 AND 15303
2168 SPRINGS ROAD
APN: 0069-175-240
* * * * * * * * * * * * * * * * * * * * * * * * *
WHEREAS, on January 1, 1994, Alcoholic Beverage Contral issued a Type 21 – off- sale general alcohol license for the sale of beer, wine and distilled spirits for a business located at 2154 Springs Road; and
WHEREAS, on August 29, 2017, the City Council adopted General Plan 2040; and WHEREAS, the property located at 2168 Springs Road, which is the subject of the above-referenced proposed entitlements (Subject Property), has a General Plan 2040 land use designation of Neighborhood Corridor; and WHEREAS, on June 22, 2021, the City Council adopted a new Zoning Code and Zoning Map; and
WHEREAS, the Subject Property is located in the Neighborhood Mixed-Use Zoning District; and
WHEREAS, on June 28, 2022, Roberto Cortez, the applicant, on behalf of Ranjwinder Sidhu, the property owner, submitted an application for a Use Permit to relocate an existing liquor store. The application was deemed incomplete, as additional entitlements were required. The applicant submitted the revised project plans and applied for a Landscape Review, Exception and a Variance; and WHEREAS, on May 29, 2024, the full application (including Use Permit, Landscape Review, Exception and a Variance) was determined to be complete for processing; and
WHEREAS, on November 18, 2024, the City of Vallejo Planning Commission, after giving all public notices required by State law and the City of Vallejo Municipal Code, conducted a duly noticed public hearing; and
WHEREAS, the Planning Commission considered testimony and evidence, both written and oral, provided at the public hearing, as well as other documents

contained in the record of proceedings relating to the project, which are maintained in the offices of the City of Vallejo Planning Division; and WHEREAS, based on evidence received in the staff report and at the public hearing, the Planning Commission made the factual findings and approved the project with a 4-0 vote (with three members absent); and
WHEREAS, on November 21, 2024, Kathllen McInerney Olson, on behalf of McInerney Enterprises, LLC, filed an Appeal (APP24-0002), requesting that the City Council overturn the Planning Commission approval of Use Permit, Exception, Landscape Review and Variance and the Planning and Development Director approval of the Public Convivence and Necessity; and
WHEREAS, on December 5, 2024, staff informed both the original applicant and the appellant via email, that an appeal hearing had been tentatively scheduled with the City Council for February 25, 2025; and
WHEREAS, on February 11, 2025, pursuant to VMC Section 16.602.08, a notice of this February 25, 2025, hearing was published in the Times Herald, mailed to all active neighborhood groups, all property owners within 500 feet of the subject property, and any other interested parties and local agencies expected to provide water, wastewater treatment, and/or other essential facilities or services to the project, as well as to members of the City Council, the applicant, and appellant and property owner; and
WHEREAS, the Record of Proceedings (“Record”) upon which the City Council bases its decision on the project at issue herein, includes, but is not limited to: (1) the environmental document prepared for the Project; (2) the staff reports, City files and records and other documents, prepared for and/or submitted to the City relating to the environmental document and the Project; (3) the evidence, facts, findings and other determinations set forth in this resolution; (4) the City of Vallejo General Plan and its related EIR; (5) the Vallejo Municipal Code and its related environmental documents; (6) all documentary and oral evidence received at public meetings and hearings regarding the environmental document(s) and the Project; (8) all other matters of common knowledge to the City Council including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the City of Vallejo and its surrounding areas; and WHEREAS, on February 25, 2025, the City Council considered testimony and evidence, both written and oral, provided at the public hearing, as well as other documents contained in the Record of Proceedings relating to the project, which are maintained in the offices of the City of Vallejo Planning Division.

NOW THEREFORE, based on the Record, the City Council hereby makes the following findings:

I. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING:

Under the California Environmental Quality Act, the State has identified a list of classes of projects which have been determined to not have a significant effect on the environment and are therefore exempt from the requirements of CEQA. The proposed project is exempt under CEQA Guidelines, Section 15301(a) (Class 1:
“Existing Facilities”) and Section 15303(c) (Class 3: “New Construction or Conversion of Small Structures”) due to the proposal includes interior alterations to an existing building that is less than 10,000 square feet in area on a site zoned for the proposed use and where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

Therefore, no further environmental review is required.

III. II. FINDINGS RELEVANT TO THE APPROVAL OF THE MAJOR USE PERMIT (VMC Section 16.606.03)
The City Council hereby finds that:

A. The proposed use is conditionally allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and all other titles of the Vallejo Municipal Code.

The proposed project aligns with the Neighborhood Mixed-Use (NMX) Zoning District regulations outlined in VMC Table 16.301-A, which conditionally permits a liquor store. To comply with these regulations, a Major Use Permit (MJP) is required. The project also adheres to the applicable development standards specific in Title 16 of the VMC, as proposed and subject to necessary conditions.

B. The proposed use is consistent with the general plan and any applicable specific plan or planned development and any other applicable plans.

The project site is designated as Neighborhood Corridor (NC) in the General Plan Land Use Map. The General Plan 2040 NC designation is intended to promote pedestrian‐oriented neighborhood "main streets" with an emphasis on shops and services catering to the daily needs of local residents. The project is consistent with the NC land use designation in that it includes the continuation of an existing liquor store that serves existing residents in the area. The proposed relocation of the existing liquor store would beautify an underutilized site with new landscaping, maintaining an existing business in the City. Additionally, the project is consistent with applicable General Plan 2040 policies and actions, such as Policy CP-1.11:

Responsible Alcohol Sales, Policy EET-3.2: Local Business Retention, and Policy NBE-1.8 Urban Forest.

C. The subject parcel is physically suitable for the type of land use being proposed.

The subject parcel is physically suitable for the proposed use and will incorporate a reconfigured off-street parking, new landscaping and a new trash enclosure.

D. The proposed use is compatible with existing and permissible land uses within the zoning district and the general area in which the proposed use is to be located which may include but not be limited to size, intensity, hours of operation, number of employees, or the nature of the operation.

The proposed project is compatible with existing and permissible land uses within the zoning district, as it is allowed use with a Major Use Permit. The proposal will reactivate and beautify an underutilized site with an existing liquor store and proposed site improvements.

E. The physical location or placement of the use on the site is compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

The physical location of the proposed project on an underutilized site will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

F. The proposed use and related project features will not create any nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding ambient conditions and would not otherwise be detrimental to the public interest, health, safety, or general welfare.

As proposed, the relocation of the liquor store, associated improvements and hours of operation of 8 a.m. to 12 a.m. seven days a week, will not create any nuisances arising from the emission of odors, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding the ambient conditions. As proposed and conditioned, the project will not be detrimental to the public interest, health, safety, or general welfare.

G. The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

Following a review of the project, staff recommends finding that it is exempt from the requirements of the California Environmental Quality Act (CEQA). Under CEQA, the State has identified classes of projects which have been determined to not have a significant impact on the environment and are therefore exempt from the requirements of CEQA.

The proposed project is exempt pursuant to CEQA Guidelines, Section 15301(a) (Class 1 “Existing Facilities”) and Section 15303(c) (Class 3: “New Construction or Conversion of Small Structures”) due to the proposal includes interior alterations to an existing building less than 10,000 square feet in building floor area on a site zoned for the proposed use (not involving the use of significant amounts of hazardous substances) where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

IV. FINDINGS RELEVANT TO THE APPROVAL OF AN EXCEPTION (VMC Section

16.608.05)
The City Council hereby finds that:

A. The exception is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance.

The exception to reduce the amount of required landscaping from 2,783 square feet to 2,087 square feet (a 15.4 percent reduction), is necessary due to the physical constraints of the Subject Property. Without the reduction, there will not be adequate space for a vehicle aisle along the north property line, nor will there be adequate space for vehicles to pull out of the parking spaces.

B. There are no alternatives to the requested exception that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public; There are no alternatives to the requested exception that could provide equivalent benefit to the applicant with less potential detriment to surrounding owners and occupants or the general public. The exception to reduce the required landscaping will not cause any detriment to the subject site or surrounding owners and occupants.

C. The granting of the requested exception will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of the Zoning Code.

The granting of the exception to reduce the required landscaping by 15.4 percent will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of the Zoning Ordinance.

D. If the exception requested is to provide reasonable accommodation pursuant to state or federal law, the review authority must also make the following findings in addition to any other findings that this Zoning Code requires:
i. That the subject housing or property will be used by an individual or organization entitled to protection;
ii. If the request for accommodation is to provide fair access to housing, that the request is necessary to make specific housing available to an individual protected under state or federal law;
iii. That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and
iv. That denial of the requested exception would impose a substantial burden on religious exercise or would conflict with any state or federal statute requiring reasonable accommodation to provide access to housing.

Not applicable; the requested exception is not for reasonable accommodation.

E. The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

Moreover, none of the exceptions listed in Guidelines Section 15300.2 apply, in that: (a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects due to unusual circumstances, (d) the project is not located near a scenic highway, (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5, and (f) the project would not adversely affect any historical resource. Therefore, no further environmental review is required.

F. Notification. Notice shall be provided in compliance with the requirements of Chapter 16.602, Common Procedures, Section 16.602.08, Noticing. When a project subject to an exception permit approval and requires a development review permit, use permit variance, an amendment of the Zoning Code or any other discretionary action, the notice for such approval shall also state that the project is subject to an exception.

V. FINDINGS RELEVANT TO THE APPROVAL OF A VARIANCE (VMC Section

16.607.03)
The City Council hereby finds that:

a. That a hardship peculiar to the property and not created by any act of the owner exists. In this context, personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. Further, a previous variance can never set a precedent, for each case must be considered only on its individual merits;
The requested variance to eliminate a requirement for installation of the six- foot solid wall along the north property line, adjacent to the residential zoning district, is `necessary due to the existing five-foot reserved easement along the north property line. The existing easement will prevent the installation of footings that would be necessary to safely and appropriately construct a solid six-foot wall. The existing wooden six-foot fence will remain and new landscaping will be installed to create additional buffer between the subject site and the adjacent residences to the north.
b. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other conforming property in the same vicinity and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors; The requested variance to eliminate a requirement for installation of the solid six-foot wall is necessary due to the existing five-foot reserved easement along the north property line. The existing easement will prevent the installation of footings that would be necessary to safely and appropriately construct a solid six-foot wall. The existing wooden six-foot fence will remain and new landscaping will be installed to create additional buffer between the subject site and the adjacent residences to the north, all of which will assist the preservation and enjoyment of substantial rights possessed by other conforming properties in the same vicinity. Further, the variance will not constitute a special privilege.
c. That the granting of the variance will not be materially detrimental to the public health, safety or welfare or will not impair an adequate supply of light and air to adjacent property;
The granting of the variance will not be materially detrimental to the public health, safety or welfare or will not impair an adequate supply of light and air to adjacent properties to the north, in that the existing wooden six-foot fence will remain and new landscaping will be installed to create additional buffer between the subject site and the adjacent residences to the north. d. That the conditions upon which the requested variance is based would not be applicable, generally, to other property within the same zoning classification;
The presence of a reserved easement in the only area suitable for the six-foot solid wall is not a condition that is not applicable to other property within the same zoning classification.
e. That either the variance is so insignificant that granting it will not be incompatible with the general plan; or the potentially adverse effects of the variance on said plan, which would be avoided by denying the variance, are exceeded by the individual hardship which would be relieved by granting the variance; and
The granting of the variance for the waiver of a solid six-foot fence and allowing the existing six-foot wood fence to remain with new adjacent landscaping, will not be incompatible with the general plan.
f. The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

Following a review of the project, staff recommends finding that it is exempt from the requirements of the California Environmental Quality Act (CEQA).

Under CEQA, the State has identified classes of projects which have been determined to not have a significant impact on the environment and are therefore exempt from the requirements of CEQA.

III.FINDINGS RELEVANT TO THE DENIAL OF THE APPEAL

1. Appellant Claim: The old location retains its deemed approved alcoholic beverage sales use, despite Staff’s interpretation otherwise. The approved land use runs with the land.

This is supported by Vallejo’s own municipal code Section 16.305.06 (C) and

16.305.02 (B)(12)(a). Looking at Section 16.305.06 and particularly subsection C about abandonment, it’s clear that the deemed approved status applies to the alcoholic beverage land use at that location, not just to a specific business. The interpretation is supported by the language in Section 16.305.06 (C) which states: “Whenever a deemed approved use discontinues active operation for a continuous period of 12 moths, such deemed approved use shall not be resumed. Related structures may be utilized thereafter only for a permitted use.” The key points supporting this interpretation:
a. The code refers to the “deemed approved use” rather than the “deemed approved business”
b. The abandonment provision focuses on discontinuation of the “use” rather than change of ownership.
c. Under Section 16.305.02 (B)(12)(a), an existing alcohol outlet that was lawfully established remains exempt from permit requirements “if the licensed premises have remained in continuous operation without substantial change in mode or character of operation”
So as long as the alcohol sales use isn’t discontinued for 12+ months.

Additionally, VMC Section 16.701.02 provides the following definition for “Non- conforming Use” – “A use of a building, structure, or site, or portion thereof, or a building, structure or facility itself, which was legally established, and has been maintained, erected or altered in compliance with applicable regulations but which no longer conforms to the specific current regulations applicable to it. Provided however, that this term shall not apply to any use involving the sale of alcoholic beverages (See Deemed approved use). Non-conforming uses include, but are not limited to, uses that are no longer conforming because of annexation or amendments to this Zoning Code.” VMC Section 16.305.06 (B) states, “All businesses engaged in the sale of alcoholic beverages, including eating and drinking establishments that were non-conforming uses prior to August 25, 1998 and still do not possess a minor or major use permit for the sale and service of alcohol shall automatically become deemed approved uses and shall no longer be considered non-conforming uses.” [Emphasis added.] The existing Type 21 – Alcoholic Beverage Control (ABC) Type 21 – General off-sale for beer, wine and distilled spirits was original issued on January 1, 1994, and has been transferred through the years. The existing operators originally obtained the Type 21 license on July 8, 1994. The deemed approve status, as described in the VMC definition, applies to the business or entity that occupies the existing location. The abandonment provision of VMC Section 16.305.06(C) applies to the business with the deemed approved status. The existing deemed approved use can continue without a use permit at the existing location without substantial change or character of operation.

Once the deemed approved use decides to move to a different location, then any new business proposing to occupy the original space would need to comply with all applicable regulations of the VMC at the time of new occupancy.

2. Appellant Claim: The reason this provision is even in Vallejo’s municipal code is because land-use case law calls for it:

It is generally considered that an ordinance which attempts to eliminate such nonconforming use is unconstitutional on the basis that it is a taking of property without due process of law. -Fairmount Center Co. v. Arnold, 138 Ohio St. 259, 34 N.E.2nd 777 (1941).
“The rights of users of property as those rights existed at the time of the adoption of a zoning ordinance are well recognized and have always been protected…. Accordingly, a provision which exempts existing nonconforming uses is ordinarily included in zoning ordinances because of the hardhip and doubtful constitutionality of compelling the immediate discontinuance of nonconforming uses” -Livingston Rock etc. Co. v. County of L.A. (1954) Not only does Vallejo’s Alcoholic Beverage Sales Code Section protect the previous use based on this case law, but almost every city in the State has a separate code section just for these protections in response to this case law, including Vallejo – Chapter 16.105.

Staff’s Response: The two cases cited by the appellant are distinguishable on their facts. The first case concerned a city’s interim zoning ordinance adopted outside of the city’s ordinary procedures applicable to such actions (only one public hearing was held when two were required). The second case concerns a challenge to a county’s enforcement actions against a cement mixing plant for maintaining a public nuisance.

The court found in favor of the County and against the cement plant.

3. Appellant Claim: Vallejo’s Municipal Code provides that “No liquor Store… shall be established within one thousand feet of a property containing an existing or approved liquor store…”
a. The original location has a deemed approved liquor store use which can continue and is protected by the muni code and case law. b. That use remains valid (hasn’t been abandoned or changed, Vallejo’s code even explicitly protects changes in ownership and significant interior remodels)
c. Therefore, the original location is “a property containing an existing…liquor store”
d. The new location would be establishing a liquor store within 1,000 feet of that existing use.

Staff Response: VMC Section 16.305.05 (B) states, “No liquor store, except for a large format liquor store, or convenience store, or mini-market associated with fuel sales offering alcoholic beverages for off-premise consumption shall be established within one thousand feet of a property containing an existing or approved liquor store, convenience store or mini-market associated with fuel sales offering alcoholic beverages for off-site consumption.”
No liquor store, convenience store or mini-market associated with fuel sales can offer alcoholic beverage sales for off-site consumption within 1,000 feet from a property that offers alcoholic beverage sales. As part of the Planning Commission action on November 18, 2024, the Planning Commission approved a Condition of Approval (COA No. 13) that states, “Prior to occupancy, the existing “Springtowne Bottleshop” liquor store located at 2154 Springs Road shall be permanently closed.” As such, Springtowne Bottleshop will need to cease all operations at their current location prior occupying their new location to prevent non-conformity with the zoning code.

Staff Response: As described in Response #1 above, the existing deemed approved use status stays with the business, not the with the land or the existing site. VMC Section 16.701.02 specifically states that a "deemed approved use" is not a "non- conforming use" and the two definitions are clearly differentiated as either “a business or entity that uses a building, structure, or site” (deemed approved use) or “a use of a building, structure, or site” (non-conforming use).

As described in #3 above, a 1,000-foot buffer around the new location (at 2168 Springs Road) would be retained with the adherence to Condition of Approval No. 13.

Lastly, Staff believes that it would be inappropriate to deny approval of a new use permit based on speculation about what future use could occupy the existing space to be vacated, and as such there would be no new overconcentration of liquor stores created in the area.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and resolves that, based on substantial evidence in the record:

1. The above findings and recitals are true and correct and are incorporated herein.

2. The Project is exempt pursuant to CEQA Guidelines, Section 15301(a) (Class 1 “Existing Facilities”) and Section 15303(c) (Class 3: “New Construction or Conversion of Small Structures”) due to the proposal includes interior alterations to an existing building less than 10,000 square feet in building floor area on a site zoned for the proposed use (not involving the use of significant amounts of hazardous substances) where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

3. Appeal (APP24-0002) is DENIED.

4. The Planning Commission’s decision is UPHELD.

5. Use Permit (UP22-0007), Variance (VAR24-0001), Exception (EXC24-0006), and Landscape Review (LR24-0013) are GRANTED, subject to the Conditions of Approval attached hereto as Exhibit A, and in accordance with the plans attached hereto as Exhibit B.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at an adjourned regular meeting held on February 25, 2025, with the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________________

ANDREA SORCE, MAYOR
City of Vallejo City Council
Attest:
________________________________________

DAWN ABRAHAMSON, CITY CLERK
City of Vallejo City Clerk
City Council Resolution
Exhibit A

CONDITIONS OF APPROVAL
USE PERMIT (UP22-0007)
EXCEPTION (EXC24-0006)
LANDSCAPE REVIEW (LR24-0013)
VARIANCE (VAR24-0001)
2168 SPRINGS ROAD
(APN: 0069-175-240)
PERMIT DESCRIPTION: The project consists of relocating the existing liquor store known as “Springtowne Bottleshop” from 2154 Springs Road to 2168 Springs Road with hours of operation from 8 a.m. to 12 a.m.(midnight), seven days a week. The project includes new landscaping, and on-site improvements.

A.PLANNING DIVISION
Staff contact: Cesar Orozco, Planning Manager
[email protected] | 707.648.5436
Pre-Building Permit

1. Prior to building permit issuance, submit a numbered list to the Planning Division with a written response on how each condition of approval contained in this report will be satisfied. The list should be submitted to the project planner who will coordinate continued development of the project. The approved conditions of approval shall also be included in the permit set after the cover sheet with each condition listed.

2. Prior to building permit issuance, obtain a Temporary Use Permit from the Planning Division for any temporary office or construction trailer, as necessary.

3. Prior to building permit issuance, the Planning Division shall confirm that the building permit drawings and subsequent construction substantially conform with the approved Planning application drawings included in this report.

4. Prior to the issuance of a building permit, the Director may require the applicant to submit such information as proposed machinery, processes, products, or environmental impacts as may be necessary to demonstrate the ability of the proposed uses to comply with applicable performance standards. Such required information may include reports by expert consultants. Whenever an environmental impact report has been submitted and determined to be adequate under state and city guidelines, no further information shall be required. (VMC Section 16.505.02 (B)) During Construction

5. Construction activities shall be managed in compliance with the following requirements, as applicable:
a. Site Watering. During the construction of a project, all portions of the site shall be watered as necessary to reduce emissions of dust and other particulate matter, and all stockpiles shall be covered.
b. Maintenance. Streets and sidewalks shall be made dirt free at the completion of construction.
c. Noise. All construction and transport equipment shall be muffled in accordance with state and federal laws.
d. Emissions. Construction and transport equipment shall be operated so as to minimize exhaust emissions. During construction, trucks and equipment should be running only when necessary.
2 e. Hours of Operation. Grading and pile driving operations within ¼ mile of residential units shall be limited to between 8:00 am and 5:00 p.m. on weekdays to ensure compliance with the requirements for construction activity in Subsection 16.502.12.D.1., Maximum Noise Level for Temporary Construction Activity, or as otherwise restricted as part of an approval. f. Water Run-off. All water run-off from construction sites shall be controlled. During construction, trucks and equipment should be running only when necessary, and shall comply with Chapter 12.41 of the Vallejo Municipal Code.

6. No person shall make, or cause to suffer, or permit to be made upon any public property, public right-of-way or private property, any excessive noise, annoying noise, amplified sound or vibrations that are physically annoying to reasonable persons of normal sensitivity or that are so harsh or so prolonged or unnatural or unusual in their use, time or place as to cause or contribute to the unnecessary and unreasonable discomfort of any persons of normal sensitivity located at the lot line of the property from which these noises emanate or that interfere with the peace and comfort of residents or their guests, or the operators or customers in places of business in the vicinity, or that may detrimentally or adversely affect such residences or places of business. (VMC Section

16.502.09 (C))

7. Construction, demolition, and related loading/unloading activities that may generate noise shall be limited to the following: 7 a.m. and 6 p.m. in Monday- Friday, Saturday 9 am- 6 pm and Sundays and holidays not allowed. (VMC Section 16.502.09 (D))

8. Fencing for construction sites shall not be installed until a building permit or grading permit has been issued and shall be removed prior to final inspection. In the event that the building permits expire before the construction is completed, the Director may issue a temporary use permit pursuant to Chapter 16.339, Temporary Uses, to allow the fencing to remain for a longer period of time. (VMC Section 16.505.08 (B))
Pre-Operation

9. Prior to operation/final building inspection, the landscape architect shall provide a complete Certificate of Completion and Certificate of Installation According to the Landscape Documentation in accordance with VMC Section 16.504.09 - Water Efficient Landscape Requirements. The documentation shall include the following:
a. Certificate of Completion (VMC Section 16.504.09 (G.9)) b. Irrigation Scheduling (VMC Section 16.504.09 (G.9.c)) c. Schedule of Landscape and Irrigation Maintenance (VMC Section 16.504.09 (G.9.d)) d. Landscape Irrigation Audit Report (VMC 16.504.09 (G.9.e)) e. Soil Analysis Report (VMC Section 16.504.09 (G.9.f))

10. Prior to occupancy/final building inspection, the applicant shall install landscaping and irrigation per approved plans. The landscape architect shall verify in writing that the landscaping and irrigation have been installed in accordance with the approved landscape plans with respect to size, health, number and species of plants, and the overall design concept.

11. Prior to operation/final building inspection, new American Disabilities Act (ADA) improvements shall be installed including a new ADA compliant access path from the public right-of-way to the convenience store, as well as an ADA compliant restroom and a new ADA compliant parking stall.

12. Prior to occupancy/final building inspection, the existing nonconforming sign shall be removed.

13. Prior to occupancy, the existing “Springtowne Bottleshop” liquor store located at 2154 Springs Road shall be permanently closed.
3 14. Prior to occupancy/final building inspection, the site shall be inspected by the Planning Division.

All inspections require a minimum 24-hour notice. Occupancy permits shall not be granted until all construction and landscaping are completed and finaled in accordance with the approved plans and required conditions of approval or a bond has been posted to cover all costs of the unfinished work as agreed to by the Director.

Operation

15. The operator of the use shall prevent loitering or other activity in the parking lot that would be a nuisance to adjacent uses and/or residential neighborhoods.

16. The site shall be maintained free of litter and graffiti at all times. The owner or operator is responsible for daily removal of trash, litter, and debris from premises and on all abutting sidewalks with twenty feet of the premises. One permanent, non-flammable trash receptacle shall be installed near all public entrances and exits to the establishment.

17. Notices shall be prominently displayed that prohibit loitering and littering and request patrons to not disturb neighbors or block driveways;

18. Employees of the establishment shall walk a one-hundred-foot radius from the facility at some point prior to thirty minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.

19. The following signs shall be prominently displayed in a readily visible manner:
a. "California State Law prohibits the sale of alcoholic beverages to persons under twenty- one years of age";
b. "No loitering or public drinking"; and
c. "It is illegal to possess an open container of alcohol in the vicinity of this establishment".

20. A copy of the conditions of approval and the ABC license shall be required to be kept on the premises and presented to any law enforcement officer or authorized city official upon request. All businesses that engage in retail alcoholic beverage sales shall be subject to inspection by the city staff any time the chief of police, or their designee, finds that criminal or nuisance activities are occurring on or near the premises.

21. The hours of operation shall be between 8 a.m. to 12:00 a.m., seven days a week. Any future requested changes to the hours of operation shall be reviewed by the City of Vallejo Planning Division.

Landscaping

22. Maintenance Required. All landscaping shall be permanently maintained in a healthy and thriving condition at all times, in compliance with the approved landscape plan. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the original approved design or upgraded to reflect current best practices for water efficiency. Regular maintenance shall include:
a. Adjusting, checking, and repairing irrigation equipment; resetting automatic controllers; aerating and de-thatching turf areas; adding/replenishing fertilizer, mulch, soil amendments; insect control; the replacement of dead or diseased plants; pruning; watering; and weeding all landscaped areas.
4 b. The trimming of vegetation as necessary to maintain the effective functioning of solar energy facilities and passive solar design features installed both on site and on adjacent properties.
c. The trimming of vegetation as necessary to keep pedestrian and bicycle paths clear. (VMC Section 16.504.08 (A))

23. Litter shall be removed from all landscaped areas in a timely fashion. (VMC Section 16.504.08 (B))

24. Turf areas shall be mowed on a regular basis and be kept green. Accumulation of leaves, twigs, bark, and other similar materials shall be removed on a regular basis. Planting areas shall be kept free of weeds at all times. (VMC Section 16.504.08 (C))

25. Landscaping maintenance shall include:
d. Pruning, cultivating, weeding, fertilizing, replacement of plants, and watering on a regular basis.
e. Pruning or removal of overgrown vegetation, cultivated or uncultivated, that may harbor rats, vermin, or other nuisances, or otherwise be detrimental to neighboring properties. f. The removal of dead, decayed, diseased, or hazardous trees, weeds and debris that create an unsightly appearance and may be dangerous to public safety and welfare or detrimental to neighboring properties or property values. Compliance shall be by removal, replacement, or maintenance.
g. Landscaping (trees, shrubs, ground cover, turf, etc.) which, due to accident, damage, disease, lack of maintenance, or other cause, fails to show a healthy appearance and growth, shall be replaced. Replacement plants shall conform to all standards that govern the original planting installation, approved landscaping plan, or as approved by the Director. (VMC Section 16.504.08 (D))
Fences and Screening

26. Maintenance. Fencing on site shall be continuously maintained with no sign of rust or disrepair.

Graffiti shall be removed within forty-eight hours. (VMC Section 16.505.02 (B)).

27. General Requirements. All exterior mechanical equipment, whether on a roof, on the side of a structure, or located on the ground, shall be screened from public view. Exterior mechanical equipment to be screened includes, without limitation, heating, ventilation, air conditioning, refrigeration equipment, plumbing lines, ductwork, transformers, smoke exhaust fans, water meters, backflow preventers, service entry section, back-up and emergency generators, and similar utility devices.
a. Screening shall be architecturally integrated into the main structure with regard to materials, color, shape, and size to appear as an integral part of the building or structure. b. Equipment shall be screened on all sides, and screening materials shall be opaque. c. When screening with plants, evergreen types of vegetation shall be planted and maintained. Plant material sizes and types shall be selected and installed so that, at the time of building occupancy, such plants effectively screen their respective equipment. d. The use of wood expanded metal lath, and chain link for the purpose of screening is prohibited. (VMC Section 16.505.10)
Lighting

28. Lighting shall be designed, located, and installed to be directed downward or toward structures, be shielded or fully shielded, and shall be well-maintained in order to prevent glare, light trespass 5 (unwanted light on adjacent lots and public rights-of-way), and light pollution to the maximum extent feasible. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the Director. (VMC Section 16.506.04 (B))

29. Timing. All outdoor lighting in non-residential zoning districts shall be turned off during daylight hours and during any hours when the building is not in use and the lighting is not required for security. Time clocks or photo-sensor systems may be required as a condition of approval of a discretionary permit. (VMC Section 16.506.04 (D))
Signs

30. No signs be installed until the applicant receives Zoning Compliance Review approval by City of Vallejo Planning Division.

31. Temporary Signs Within Commercial Zoning Districts. Temporary signs are allowed within commercial zoning districts without a sign permit for a maximum of sixty days after the opening of a new business, provided that the area of the temporary signs shall not exceed fifty percent of the total sign area allowed on the site by Section 16.509.04, General Requirements for All Signs. (VMC Section 16.509.03 (P)).

32. Moving, Flashing, Electronic/Digital and Windblown Signs. No moving, rotating, flashing, or changing of color intensity or signs with electronic/digitally created content (i.e., electronic reader board signs), and no windblown signs, such as posters, pennants, streamers, or strings of light bulbs, balloons, or other inflated objects are permitted. The only exceptions to these requirements are time and temperature devices and signs installed by a governmental agency in carrying out its responsibility to protect public health, safety, and general welfare. (VMC Section 16.509.07 (C))

33. Portable Signs. An "A" frame sign or other sign attached to a device used to allow the sign to be rolled or moved around is prohibited. Included in this category are signs larger than three square feet affixed to a vehicle intended for the purpose of business identification, directional to a business, or advertisement of a business. (VMC Section 16.509.07 (D)) General Requirements

34. This project approval shall automatically expire within two years of the effective date (November 18, 2026; if approved), unless exercised or extended.

35. If a permit is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights; provided, however, that, unless otherwise specified as a condition of project approval, the permit shall expire if:
i. The Building Permit expires.
ii. Final inspection is not completed, or certificate of occupancy issued within the time specified as a condition of project approval.
iii. The rights granted under the permit are not exercised within one year following the earliest to occur of the following: issuance of a certificate of occupancy; or if no certificate of occupancy is required, the last required final inspection for the new construction. (VMC Section 16.602.11 (B))

36. The Director may approve a one-year extension of any permit or approval granted for a residential or non-residential project under the Zoning Code upon receipt of a written application and fees received fifteen calendar days before the expiration date with the required fee prior to expiration of the permit. (VMC Section 16.602.11 (C.1))

37. No change in the use or structure for which a permit or other approval has been issued is permitted unless the permit is modified as provided for in the Zoning Code. (VMC Section 16.602.11 (D)) 6 38. For new developments, utilities including, but not limited to, all electrical, telephone, cable television, fiber-optic cable, gas, water, sewer, irrigation/recycled water, and similar distribution lines providing direct service to a project shall be installed underground within the site. This requirement may be waived by the Director upon determining that underground installation is infeasible, or the electrical line is otherwise exempt from an under-grounding requirement. (VMC Section 16.501.10)

39. Applicant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, applicant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Applicant’s operations, or any subcontractor’s operations, to be performed under this agreement for Applicant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Applicant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City. No modification of the project, any application, permit, certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the Applicant’s indemnity obligation.

B. BUILDING DIVISION
Staff Contact: Bill Collins, CBO, CASp, CFM - Chief Building Official [email protected] | 707.648.4387

1. Plans and permits required for Building, mechanical, plumbing, and electrical work per California Code of Regulations, Title 24, and applicable City Ordinance in effect at the time of completed Building Permit application date and required fees paid at time of application.

2. 2022 California Code of Regulations applies if permit application(s) are received before the end of 2025. After 12-31-2025 the 2025 California Code of Regulations will apply.

3. Accessibility required per CBC 11B and 2010 ADA.

C. PUBLIC WORKS
Staff Contact: James Paluck, Consulting Senior Engineer [email protected] | 707.554.5902

1.PUBLIC IMPROVEMENT STANDARDS. All public improvements shall be designed to City of Vallejo standards and to accepted engineering design standards. The City Engineer has all such standards on file and the Engineer's decision shall be final regarding the specific standards that shall apply. (COV, Regulations & Standard Specifications, 2011).

2.IMPROVEMENT PLANS. Prior to building permit submittals, submit three sets of plans to the Department of Public Works for plan check review and approval. (Improvement or civil plans are to be prepared by a licensed civil engineer.) Plans are to include, but may not be limited to, grading and erosion control plans, improvement plans, joint trench utility, street light plans, and landscaping, irrigation and fencing plans and all supporting documentation, calculations and pertinent reports. (COV, Regulations & Standard Specifications, 2011, Section 1.1.7–A).

3.LINE OF SIGHT CRITERION. In design of grading and landscaping, line of sight distance shall be provided based on Caltrans standards. Installation of fencing, signage, above ground utility boxes, 7 etc. shall not block the line of sight of traffic and must be set back as necessary. (VMC Chapter

10.14).

4.DUST AND EROSION CONTROL. All dust and erosion control shall be in conformance with City standards and ordinances. (VMC Chapters 12.40.050 & 12.40.070).

5.COMPACTION TESTS. Prior to building permit issuance or acceptance of grading, compaction test results and certification letter from the project soils engineer and civil engineer confirming that the grading is in conformance with the approved plans must be submitted to the Department of Public Works for review and approval. Test values must meet minimum relative compaction recommended by the soils engineer (usually at least 90 percent). (COV, Regulations & Standard Specifications, 2011, Section 2.4.1).

6.DRIVEWAY STANDARDS. Entrances to any private project must be standard driveway approaches unless deviation is permitted by the City Engineer. (VMC, Chapter 10.04.260). Prior to start of construction of sidewalk or driveway, applicant to obtain a sidewalk permit.

7.STREET EXCAVATION PERMIT. Obtain a street excavation permit from the Department of Public Works prior to performing any work within City streets or rights-of-way, or prior to any cutting and restoration work in existing public streets for utility trenches. All work shall conform to City standards. (VMC Chapter 10.08).

8. ENCROACHMENT PERMIT. Prior to building permit issuance, obtain an encroachment permit from the Department of Public Works for all work proposed within the public right-of-way. (VMC Chapter

10.16).

9.TRAFFIC CONTROL PLAN. Prior to start of construction; submit a traffic control plan to the Department of Public Works for review and approval. (CA MUTCD).

10.COORDINATION OF CONSTRUCTION INSPECTION. Construction inspection shall be coordinated with the Department of Public Works and no construction shall deviate from the approved plans. (COV, Regulation & Standard Specification Sections 1.1.4 & 1.1.5).

11.PLAN CHANGES. The project design engineer shall be responsible for the project plans. If plan deviations are necessary, the project engineer must first prepare a revised plan or details of the proposed change for review by the Department of Public Works and, when applicable, by Vallejo Flood and Wastewater District. Changes shall be made in the field only after approval by the City.

At the completion of the project, the design engineer must prepare and sign the "as built" plans. (COV, Regulation & Standard Specification Section 1.1.9).

12.BONDS AND FEES. Prior to approval of construction plans, provide bonds and pay applicable fees.

Bonding shall be provided to the City in the form of a "Performance Surety" and a separate "Labor and Materials Surety" in amounts stipulated by City ordinance. (VMC, Section 15.12.090)

13.INSTALL IMPROVEMENTS. Prior to occupancy/final building inspection, install the improvements required by the Department of Public Works including but not limited to streets and utilities.

14.SIDEWALK REPAIR. Prior to occupancy/final building inspection, remove and replace any broken curb, gutter, sidewalk or driveway approach as directed in the field by the City Engineer. (VMC, Section 10.04).

15.FLOOD PROTECTION. The project is located within a Special Flood Hazard Area or Coastal High Hazard Area. Prior to obtaining a building permit, apply to FEMA for a Conditional Letter of Map Revision (CLOMR) or Conditional Letter of Map Revision based on Fill (CLOMR-F). Prior to obtaining a Certificate of Occupancy or project acceptance by the City, whichever is applicable, obtain a Letter of Map Revision (LOMR) or Letter of Map Revision based on Fill (LOMR-F) from FEMA. In each 8 case, it could take at least 90 days for FEMA to process a complete CLOMR, CLOMR-F, LOMR, or LOMR-F application. Applicants are encouraged to submit their requests using the Online Letter of Map Change (LOMC) tool. Please visit the FEMA website at https://www.fema.gov/glossary/conditional-letter-map-revision-clomr. For hardcopy (paper) submittals, the completed application package should be submitted to: LOMC CLEARINGHOUSE, 3601 EISENHOWER AVENUE, SUITE 500, ALEXANDRIA, VA 22304-6426. (VMC Chapter 7.98 - Flood Damage Protection).

16.STREET TREES. Prior to release for occupancy, plant required street trees in accordance with City Municipal Code. The list of approved trees is available in the office of the Public Works Director.

The minimum standard shall be at least one tree for each 50 feet of street frontage or fraction thereof, including secondary or side streets. Street tree(s) shall be inspected by Public Works Landscape Inspector prior to release for occupancy. (VMC Chapter 15.06.190 and Regulations and Standard Specifications Section 3.3.48).

17.JOINT TRENCH. The developer shall provide joint trench plans for the underground electrical, gas, telephone, cable television and communications conduits and cables including the size, location and details of all trenches, location of all building utility service stubs and meters and placement or arrangements of junction structures as a part of the Improvement Plans submitted for the project.

The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. (VMC Chapters 15.06.160 & 15.06.170).

18.SIGNAL INTERCONNECT CABLES. There may be fiber optic and /or copper signal inter connect cables located at the edge of the roadway or under the sidewalk. The plans should address either the relocation of these cables or a note should be made of the cable location. A warning should be included on the plans stating that if the cable damaged, the entire length of the cable between the two nearest hubs will be will be replaced by the contractor unless otherwise authorized by the City Engineer.

19.ADA COMPLIANCE WITHIN CITY ROW. In order to ensure ADA compliance within any and all City ROW, ADA compliance will be addressed in accordance to the state government and federal codes.

20.STORMWATER CONTROL PLAN AND C.3 REQUIREMENTS.

Stormwater Control Plan and C.3 Requirements. Applicant shall provide the following and obtain approval prior to issuance of grading permit:
a.Submit a Stormwater Control Plan (SWCP) prepared in accordance with the current C.3 Guidebook for review and approval by Engineering Services prior to issuance of any permit.

The C.3 Guidebook shall mean the most recent version of the Contra Costa Clean Water Program (CCCWP) Stormwater C.3 Guidebook including any addenda and the most recent version of the City of Vallejo Addendum to the CCCWP Stormwater C.3 Guidebook. The SWCP shall be prepared and certified by a Civil Engineer, registered in the State of California, demonstrating an understanding of the design of treatment measures for water quality and groundwater protection principles applicable to the project site. Include features and facilities to ensure runoff is treated before leaving the site. Use the LID Design Guide including sizing factors and criteria for treatment only (ENGR). b.Prior to issuance of permits for building, site improvements, or landscaping, applicant shall submit a permit application consistent with the applicant’s approved Stormwater Control Plan (SWCP), and include drawings and specifications necessary for construction of site design features, measures to limit directly connected impervious area, pervious pavements, self- retaining areas, treatment BMP's, permanent source control BMP’s, and other features that control stormwater flow and potential stormwater pollutants. The permit application shall include a completed “Stormwater Control Plan Checklist” as described in the C.3 Guidebook, and a detailed draft Stormwater BMP Operation and Maintenance Plan consistent with the 9 general O&M plan included in the applicant’s approved Stormwater Control Plan. Guidelines for the preparation of Stormwater BMP Operation and Maintenance Plans are in Chapter 6 of the C.3 Guidebook. (ENGR)
c.Construct stormwater treatment measures per the approved SWCP prior to occupancy approval. (ENGR)
d.Submit a final Stormwater BMP Operation and Maintenance Plan (O&M Plan) in accordance with City of Vallejo Guidelines, for review and approval by Engineering Services, prior to occupancy approval. This O&M Plan shall incorporate City comments on the draft O&M Plan and any revisions resulting from changes made during construction. The implementation of the O&M Plan shall be the responsibility of each property owner concurrently and individually or through a recorded joint maintenance agreement where one exists or through a Business Owners Association (BOA). (ENGR)
e.Execute and record any agreements identified in the SWCP which pertain to the transfer of ownership, right-of-entry for inspection or abatement, and/or long-term maintenance of stormwater treatment or hydrograph modification BMPs, prior to occupancy approval. (ENGR)

21. BUSINESS OWNERS ASSOCIATION (BOA)
Should the developer form a BOA for the maintenance of these facilities then three copies of the BOA’s Covenants, Codes and Restrictions (CC&Rs) shall be submitted with the Grading and Improvement Plans, for review and approval. The CC&Rs shall include the following provisions and shall be recorded prior to the first occupancy:
a.A Business Owners Association (BOA) shall be formed and shall be responsible in perpetuity, for the maintenance, repair, and replacement of all permanent stormwater management facilities included in the approved Stormwater Control Plan and the approved Stormwater Control Operations and Maintenance Plan.
b.Contain a statement that in the event these areas or facilities are not properly maintained, repaired or replaced according to the approved plans, each property owner shall be responsible for their proportionate share of these costs, secured by a lien on the property in favor of the BOA, in accordance with the BOA procedures. c.Provide reciprocal easements over all parcels for maintenance purposes. d.The BOA shall be responsible for enforcing the CC&Rs and providing written notice of any violation to the property owners.
e.The BOA shall provide the Planning Division with the name, address and phone number of the current HOA representative.

D. Fire Prevention
Staff Contact: Vincent Sproete, Fire Prevention Manager [email protected] | 707.648.4566

1. Prior to final inspection, in accordance with the 2022 California Fire Code approved address numbers shall be placed on all new and existing buildings in such a position as to be plainly visible 10 and legible from the street or road fronting the property. Said numbers shall clearly contrast with their background. The characters shall be a minimum of 4" high (6" for Commercial) with a 1/2" stroke. The size of the building and distance or location of the address numbers from the roadway may necessitate larger numbers.

2. A flush-mounted (recessed) Knox Box (key box) mounted no higher than 5 feet above the finished floor containing appropriate keys for emergency Fire Department access shall be provided. The minimium size box is the 3200 series with a hinged door and recessed mounting kit. The tamper kit is not required, box color may be any of the Knox options. It takes approximately 2 weeks for delivery. For more information call the Fire Prevention Division at (707) 658-4565 or visit www.knoxbox.com Due prior to final inspection.

3. Keys for the Knox Box entry system required by the Fire Department shall be attached to durable tags with permanent marking identifying the door(s) or lock(s) that the key functions with. i.e. "MASTER" or "MECHANICAL ROOM".

4. If the Tenant Improvements require modification of an automatic fire sprinkler system, a permit is required from the Fire Department prior to any such work being completed.

5. If applicable, modifications to the Fire Alarm system require a permit from the Fire Department prior to the work being completed.

6. Prior to final Inspection, in accordance with the 2022 California Fire Code rooms or areas containing controls for HVAC systems, electrical panels, automatic fire extinguishing systems, fire alarm equipment or other detection, suppression or control elements shall be identified with appropriate signs.

7. The minimum fire-extinguisher requirement shall be one 2A-10BC rated portable unit in such locations so that maximum floor-travel distance does not exceed 75' to the nearest extinguisher from any portion of the building with a maximum of 3,000 square feet of floor area surveyed. Plan submittal shall include the proposed location of extinguishers. Final location shall be approved in the field by the Fire Department.

8. All fire extinguishers shall be mounted in a conspicuous and readily accessible location either on a bracket or within an approved storage cabinet. Fire extinguishers shall be mounted so the top of the unit is 3 feet to 5 feet off the finished floor. If the extinguisher is not readily visible, a sign shall be located directly above the extinguisher. The sign shall be legible and of a contrasting color with its background.

9. All buildings shall comply with the 2022 California Building Code, Chapter 10 Means of Egress requirments. Including but not limited to; exit signs, exit doors, exit hardware and exit illumination.

10. Provide an approved exit sign over all required exit doors.

11. Emergency exit lighting shall be provided at or near all exits and as designated by the Fire Marshal.

Due prior to final inspection.

12. All emergency lighting, exit sign lights shall have two separate sources of power as required by the California Building Code.

13. Locking devices on exit doors shall conform to the California Building Code. Only one lock or latch requiring one motion/operation to open/unlock is required. No double keyed dead-bolts are permitted on exit doors.
11 14. Maintain the width of the exit system; tables, chairs, merchandise storage systems and other devices shall not obstruct the means of egress along the path of exit travel based on the cumilative occupant load served. Maintain clear access to all exits.

15. All compressed gas cylinders shall be adequately secured to prevent falling or being knocked over.

Fasteners used to secure cylinders shall be of non-combustible material. This requirement shall be reviewed and approved by the Fire Prevention Division prior to final inspection sign-off.

16. Carbon dioxide enrichment systems that exceed 100 pounds require a separate permit from the Fire Department. CFC 5307.4

17. If the proposed trash enclosure is within 5 feet of the exisiting building, fire sprinkler coverage must be provided over the dumpster area.

18. A final inspection from the Fire Prevention Division is required prior to permit sign-off.

CS-1.0COVER SHEETDESCRIPTION:
(415) 448-6073MONARCHENGINEERSwww.monarchengineers.comTENANT IMPROVEMENTRE-LOCATING (E) RETAIL STORE2168 SPRINGS RD.VALLEJO, CA 1 2168 SPRINGS RD.VALLEJO, CA. TENANT IMPROVEMENTRE-LOCATING EXISTING RETAIL STOREDRAWING INDEXPROJECT DIRECTORYDRAWING INDEXPROJECT REFERENCE NUMBERSGENERAL NOTESDRAWING INDEXPROJECT DIRECTORY

3.4.5.6.7.8.9. 2.1.ALL DETAILS OF CONSTRUCTION SHALL CONFORM WITH THE 2019 EDITION OF THE CALIFORNIABUILDING CODE.THE GENERAL CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR THE DESIGN, ADEQUACY, ANDSAFETY OF ERECTION BRACING, TEMPORARY SUPPORTS, ETC. THE GENERAL CONTRACTOR ISRESPONSIBLE FOR THE STABILITY OF THE STRUCTURE PRIOR TO THE APPLICATION OF ALL SHEARWALLS, FLOOR SHEATHING, STRUCTURAL ELEMENTS AND FINISH MATERIALS.THE GENERAL CONTRACTOR SHALL FIELD VERIFY ALL DIMENSIONS, LOCATION OF NEW FRAMINGMEMBERS, LINES OF SUPPORT, LOCATIONS OF ANCHOR BOLTS, HOLDOWNS, EXISTING SITECONDITIONS AND UTILITIES PRIOR TO CONSTRUCTION.THE GENERAL CONTRACTOR IS RESPONSIBLE FOR ALL CONSTRUCTION, DEMOLITION MEANS ANDMETHODS ON THE PROJECT. THE ARCHITECT SHALL NOT BE RESPONSIBLE FOR HOW THE WORKIS PERFORMED, SAFETY, OR NEGLIGENT ACTS OR OMISSIONS BY THE OWNER, GENERALCONTRACTOR, OR THEIR SUB- CONTRACTORS ON THE PROJECT.THE GENERAL CONTRACTOR SHALL ENSURE THAT ALL MATERIALS, AS REQUIRED BY CODE, ARETESTED BY INDEPENDENT LABORATORIES AND THAT RESULTS ARE FURNISHED TO LOCALBUILDING AUTHORITIES, OWNER AND PROJECT CONSULTANTS.ADDITIONAL ON-SITE FIRE PROTECTION DURING CONSTRUCTION TO BE PROVIDED AS REQUIREDBY FIRE MARSHALL.CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING, MAINTAINING, RELOCATING AND/ORREMOVAL OF EXISTING UTILITIES.DOCUMENTS MARKED "BID DOCUMENTS" SHALL NOT BE USED FOR CONSTRUCTION.ANY CHANGES TO THESE DOCUMENTS OR THE DESIGN AFTER THE ISSUANCE OF A BUILDINGPERMIT SHALL BE SUBMITTED TO THE PRESIDING BUILDING AGENCY FOR APPROVAL BY THEGENERAL CONTRACTOR.

ASSESSOR'S PARCEL NUMBER (A.P.N.): 0069-175-240 PLAN CHECK NUMBER: UP22-00073.4.5.6.7.8.9.

2.1.ALL DETAILS OF CONSTRUCTION SHALL CONFORM WITH THE 2019 EDITION OF THE CALIFORNIABUILDING CODE.THE GENERAL CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR THE DESIGN, ADEQUACY, ANDSAFETY OF ERECTION BRACING, TEMPORARY SUPPORTS, ETC. THE GENERAL CONTRACTOR ISRESPONSIBLE FOR THE STABILITY OF THE STRUCTURE PRIOR TO THE APPLICATION OF ALL SHEARWALLS, FLOOR SHEATHING, STRUCTURAL ELEMENTS AND FINISH MATERIALS.THE GENERAL CONTRACTOR SHALL FIELD VERIFY ALL DIMENSIONS, LOCATION OF NEW FRAMINGMEMBERS, LINES OF SUPPORT, LOCATIONS OF ANCHOR BOLTS, HOLDOWNS, EXISTING SITECONDITIONS AND UTILITIES PRIOR TO CONSTRUCTION.THE GENERAL CONTRACTOR IS RESPONSIBLE FOR ALL CONSTRUCTION, DEMOLITION MEANS ANDMETHODS ON THE PROJECT. THE ARCHITECT SHALL NOT BE RESPONSIBLE FOR HOW THE WORKIS PERFORMED, SAFETY, OR NEGLIGENT ACTS OR OMISSIONS BY THE OWNER, GENERALCONTRACTOR, OR THEIR SUB- CONTRACTORS ON THE PROJECT.THE GENERAL CONTRACTOR SHALL ENSURE THAT ALL MATERIALS, AS REQUIRED BY CODE, ARETESTED BY INDEPENDENT LABORATORIES AND THAT RESULTS ARE FURNISHED TO LOCALBUILDING AUTHORITIES, OWNER AND PROJECT CONSULTANTS.ADDITIONAL ON-SITE FIRE PROTECTION DURING CONSTRUCTION TO BE PROVIDED AS REQUIREDBY FIRE MARSHALL.CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING, MAINTAINING, RELOCATING AND/ORREMOVAL OF EXISTING UTILITIES.DOCUMENTS MARKED "BID DOCUMENTS" SHALL NOT BE USED FOR CONSTRUCTION.ANY CHANGES TO THESE DOCUMENTS OR THE DESIGN AFTER THE ISSUANCE OF A BUILDINGPERMIT SHALL BE SUBMITTED TO THE PRESIDING BUILDING AGENCY FOR APPROVAL BY THEGENERAL CONTRACTOR.

CLIENT:DESIGNER:ARCHITECTURALCS-1COVER SHEETMR.ROBERTO CORTEZ, PEMONARCH ENGINEERS6518 LONETREE BLVD. #162ROCKLIN, CA 95765TEL: 415-448-6073 OR TEL: 707-648-9571A-0.0EXISTING SITE PICTURESA-1.0EXISTING FLOOR PLANA-1.1DEMOLITION PLANA-1.2EXISTING FRONT ELEVATIONA-2.0PROPOSED FLOOR PLANA-2.1SALES COUNTER ELEVATIONA-2.2 TRASH ENCLOSUREA-3.0DETAILS CIVILSD-1EXISTING SITE PLANSD-2PROPOSED SITE PLANRAJWINDER SIDHU5143 LAKESHORE DR.FAIRFIELD, CA 94534-TEL: - 707 639 6929CLIENT:DESIGNER:ARCHITECTURALCS-1COVER SHEETMR.ROBERTO CORTEZ, PEMONARCH ENGINEERS6518 LONETREE BLVD. #162ROCKLIN, CA 95765TEL: 415-448-6073 OR TEL: 707-648-9571 CIVIL
--REVISION HISTORY-DESCRIPTION4/16/24RE-SUBMITTAL TO PLANNING DEPT.DATE-----REVISION HISTORY-DESCRIPTION

FIRE NOTES

VICINITY MAPROOM NUMBERFINISH/COLOR, SEE COLOR SCHEDULEWINDOW NUMBER, SEE WINDOW SCHEDULEEXTERIOR ELEVATION KEYINTERIOR ELEVATION KEY

BUILDING SECTIONREVISION NUMBER
DRAWING LEGENDWALL SECTIONDETAIL REFERENCESTRUCTURAL GRIDSHEET NOTEDOOR NUMBER, SEE DOOR SCHEDULEOCCUPANCY:MZONING:2019 CALIFORNIA FIRE CODE (CFC)2019 CALIFORNIA ELECTRICAL CODE (CEC)2019 CALIFORNIA PLUMBING CODE (CPC)2019 CALIFORNIA BUILDING CODE (CBC)2019 CALIFORNIA MECHANICAL CODE (CMC)CONSTRUCTION TYPE:BUILDING CODES:2019 CALIFORNIA ENERGY CODE EQUIPMENT, SEE EQUIPMENT SCHEDULE REMODELED AREA:

CODE DATA
1A-1AC1P-1
1A-12A1/A-4
A
A-11234
101AA-71A-711

VICINITY MAPROOM NUMBERFINISH/COLOR, SEE COLOR SCHEDULEWINDOW NUMBER, SEE WINDOW SCHEDULEEXTERIOR ELEVATION KEYINTERIOR ELEVATION KEY

BUILDING SECTIONREVISION NUMBER
DRAWING LEGENDWALL SECTIONDETAIL REFERENCESTRUCTURAL GRIDSHEET NOTEDOOR NUMBER, SEE DOOR SCHEDULEOCCUPANCY:ZONING:2019 CALIFORNIA FIRE CODE (CFC)2019 CALIFORNIA ELECTRICAL CODE (CEC)2019 CALIFORNIA PLUMBING CODE (CPC)2019 CALIFORNIA BUILDING CODE (CBC)2019 CALIFORNIA MECHANICAL CODE (CMC)CONSTRUCTION TYPE:BUILDING CODES:2019 CALIFORNIA ENERGY CODE EQUIPMENT, SEE EQUIPMENT SCHEDULE REMODELED AREA:

CODE DATA
1A-1AC1P-1
1A-12A1/A-4
A
A-11234
101AA-71A-711

VICINITY MAPROOM NUMBERFINISH/COLOR, SEE COLOR SCHEDULEWINDOW NUMBER, SEE WINDOW SCHEDULEEXTERIOR ELEVATION KEYINTERIOR ELEVATION KEY

BUILDING SECTIONREVISION NUMBER
DRAWING LEGENDWALL SECTIONDETAIL REFERENCESTRUCTURAL GRIDSHEET NOTEDOOR NUMBER, SEE DOOR SCHEDULEOCCUPANCY:ZONING:NEIGHBORHOOD MIXED-USE2019 CALIFORNIA FIRE CODE (CFC)2019 CALIFORNIA ELECTRICAL CODE (CEC)2019 CALIFORNIA PLUMBING CODE (CPC)2019 CALIFORNIA BUILDING CODE (CBC)2019 CALIFORNIA MECHANICAL CODE (CMC)CONSTRUCTION TYPE:BUILDING CODES:V-B2019 CALIFORNIA ENERGY CODE EQUIPMENT, SEE EQUIPMENT SCHEDULE REMODELED AREA:

CODE DATA
1A-1AC1P-1
1A-12A1/A-4
A
A-11234
101AA-71A-7112,797 SQ FT

APPROVAL STAMPS
(E) BUILDING AREA:4,600 SQ FT
OccupancySales AreaOfficeStorageRoom Area (ft2)1,675150180Area per OccupantTable 1004.1.260150300Occupant Load2811TOTAL OCCUPANT LOAD30 PROJECT STATEMENT1.RELOCATE EXISTING LIQUOR STORE, SPRINGSTOWNE BOTTLE SHOP, CURRENTLY LOCATEDAT 2154 SPRINGS ROAD IS PROPOSED TO BE RELOCATED TO A BUILDING IN THE SAME STRIPMALL. SPRINGSTOWNE BOTTLE SHOP IS FAMILY OWNED AND OPERATED BUSINESS THATOPENED IN JUNE 1994 AT ITS CURRENT LOCATION. AFTER ALMOST THREE DECADES AT THECURRENT LOCATION, THE FAMILY WAS ABLE TO PURCHASE ONE OF THE BUILDINGS IN THESTRIP MALL SO THEY CAN MOVE THEIR BUSINESS TO THEIR OWN BUILDING WITHOUT LEAVINGTHEIR LOYAL CUSTOMERS BEHIND. BY MOVING LITERALLY NEXT DOOR THEY CAN KEEPSERVING THEIR CUSTOMER BASE.THE PROPOSED NEW LOCATION WILL COMBINE THREE COMMERCIAL SPACES 2168, 2172, AND2176 SPRINGS ROAD. SPRINGSTOWNE BOTTLE SHOP WILL HAVE AN INCREASE IN SALESFLOOR AREA OF ABOUT 18% KEEPING THE SAME PROPORTION ALCOHOLIC ANDNONALCOHOLIC PRODUCTS FOR SALE. THE PROPOSED TENANT IMPROVEMENT WILL REMOVEALL THE INTERIOR WALLS AT THE THREE COMMERCIAL SPACES ABOVE MENTIONED ANDREMODEL THE COMMERCIAL SPACE TO ACCOMMODATE A SALES AREA, AN OFFICE/BREAKROOM, A PRIVATE RESTROOM, AND STORAGE AREA (DRY AND REFRIGERATED).

1.BUILDING IS NOT SPRINKLED-
(E) LOT AREA:13,914 SQ FT
111 111

PROJECT LOCATION
L-1.0PLANTING PLANL-2.0HYDROZONE PLAN & WATER CALCULATIONSL-3.0CONSTRUCTION DETAILS, PLANTING DETAILS, AND NOTESLANDSCAPE111 1 SD-1.0SURVEYOR PLANDESCRIPTION:
(415) 448-6073MONARCHENGINEERSwww.monarchengineers.comTENANT IMPROVEMENTRE-LOCATING (E) RETAIL STORE2168 SPRINGS RD.VALLEJO, CA 1 NO PARKINGNO PARKING
SD-2PROPOSED SITE PLAN

GENERAL NOTES
(E) ASPHALT PARKING LOT1SHEET NOTES
DESCRIPTION:
(415) 448-6073MONARCHENGINEERSwww.monarchengineers.comTENANT IMPROVEMENTRE-LOCATING (E) RETAIL STORE2168 SPRINGS RD.VALLEJO, CA 1 1.THIS SITE PLAN DOES NOT CONSTITUTE A LEGAL DESCRIPTION OR SURVEY. THEINFORMATION DEPICTED HEREON IS GENERAL MEASUREMENTS TO ESTABLISH ARELATIONSHIP OF STRUCTURE AND LOT LINES. THE INFORMATION SHOWN WASOBTAINED FROM PUBLIC RECORDS AT THE SOLANO COUNTY ASSESSOR'S OFFICE.2.CONTRACTOR SHALL VERIFY ALL DIMENSIONS OF THE LOT AND AND SOILCONDITIONS, INCLUDING EXCAVATION, UNDERPINNING, DRAINAGE, AND UTILITIESAT THIS PROPERTY, AS WELL AS ADJACENT PROPERTIES. ALL CONSTRUCTIONSHALL CONFORM TO CBC 2019, CEC, CMC, AND TITLE 24.3.SHOULD ANY ERROR OR INCONSISTENCY APPEAR OR OCCUR IN THE DRAWINGS,THE CONTRACTOR BEFORE PROCEEDING WITH THE WORK, SHALL NOTIFY THEOWNER FOR PROPER ADJUSTMENT AND, IN NO CASE, SHALL PROCEED WITH THEWORK IN UNCERTAINTY.4.NO CHANGE OR ALTERATION OF DESIGN OR PLAN SHALL BE MADE WITHOUT THEAPPROVED WRITTEN CONSENT FROM THE DESIGNER/ENGINEER. THEDESIGNER/ENGINEER SHALL NOT BE RESPONSIBLE FOR SUCH CHANGES ORALTERATIONS MADE BY OR AGREED UPON BETWEEN OWNER AND CONTRACTOR.

PROPOSED SITE PLANSCALE: 1/16"=1'-0"
PL
PL
PL22'-0"
17'-5"20'-1"16'-6"6'-0"49'-10"(E) BUILDING55'-11"36'-1"92'-0"ALLEY (E) TRASH ENCLOSURE2(E) GAS METERS3(E) ELECTRIC METERS4 1 234
(E) S.S.C.O.5(E) WATER METERS6
528'-10"DRIVEWAYDRIVEWAY
(E) 6"Ø BOLLARD, TYP7(E) 8.5' SIDEWALK8
7'-10"2" (N) ACCESSIBLE ACCESS(E) 5' SIDEWALK9(N) LANDSCAPE AREAS, 15% OF TOTAL LOT AREA.11(E) PEDESTRIAN WALKWAY12(N) ACCESSIBLE PARKING SIGN13(N) ACCESSIBLE PARKING STALL14(E) CURB RAMP151667 12 8
9 14151317
17 (N) TRASH ENCLOSURE - SEE17(N) ACCESSIBLE ACCESS1818 16 (E) 5' SIDEWALK10
1111
11 160 SQ.FT.393 SQ.FT.
1,147 SQ.FT.

SHORT-TERM BICYCLECITY SHORT-TERM BICYCLE PARKING REQUIREMENTSBUILDING AREA = 4,587 FT2REQUIRED: THE GREATER OF 1 PER 5,000 FT2 OR 2TOTAL STALLS REQUIRED = 2FOR LONG-TERM BICYCLE PARKING, SEE SHEET A-2.0 PL
LANDSCAPE REQUIREMENTSCITY PARKING REQUIREMENTSLANDSCAPED AREA = 20% OF THE LOT AREALANDSCAPED AREA = 0.2x13,914 FT2 = 2,783 FT225% ALLOWED REDUCTION = 2,088 FT2PROPOSED LANDSCAPED AREA = 1,700 FT2 443 SQ.FT.18'-3"11443 SQ.FT.19(N) SHORT-TERM BICYCLE PARKING. PROVIDE 2 SECURELYFIXED RACKS, EACH ONE SUPPORTING THE BICYCLE UPRIGHTBY ITS FRAME, PREVENTING THE BICYCLE FROM TIPPINGOVER, AND ALLOWING THE FRAME AND AT LEAST ONE WHEELTO BE LOCKED TO THE RACK ELEMENT WITH ONE LOCK. 19 PARKING REQUIREMENTSCITY PARKING REQUIREMENTS1 STALL / 1,000 FT2BUILDING AREA = 4,587 FT2(1 STALL/1,000 FT2) * 4,587 FT2 = 4.587TOTAL STALLS REQUIRED = 5PARKING REQUIREMENTS 1A-2.2
83'-4"
89'-7"
8'-0"49'-10"
A-0.0EXISTING SITE PICTURESDESCRIPTION:
(415) 448-6073MONARCHENGINEERSwww.monarchengineers.comTENANT IMPROVEMENTRE-LOCATING (E) RETAIL STORE2168 SPRINGS RD.VALLEJO, CA 1 SITE VIEWED FROM SOUTHEAST4/23/24
SITE VIEWED FROM SPRINGS ROAD4/23/24
SITE VIEWED FROM LAIN DRIVE4/23/24
2468
3068
306830683068
3068
3068
3068WH
30703070 3070
3068
3368 3368WHDRYERWSHRSHOWER
A-1.0EXISTING FLOOR PLAN

GENERAL NOTES
(E) CONCRETE MASONRY WALL1SHEET NOTES
DESCRIPTION:
(415) 448-6073MONARCHENGINEERSwww.monarchengineers.comTENANT IMPROVEMENTRE-LOCATING (E) RETAIL STORE2168 SPRINGS RD.VALLEJO, CA 1 1.-
EXISTING FLOOR PLANSCALE: 1/4"=1'-0"
50'-0"
19'-6"18'-0"
13'-8 1/2"10'-7"18'-5"5'-9 1/2"7'-5"
18'-5"
55'-11"

LEMON SPAGRILLS GONE WILDAN ELEGANT AFFAIR
(E) DEMISING WALL2
1 1 2
55'-11"
2168 SPRINGS RD.2172 SPRINGS RD.2176 SPRINGS RD.

SHOWER
3068
2468
306830683068
3068
3068
3068
30703070 3070
3368
3068
3368

DRYERWSHR
3070
A-1.1DEMO PLAN
LEGEND
1SHEET NOTES
DESCRIPTION:
(415) 448-6073MONARCHENGINEERSwww.monarchengineers.comTENANT IMPROVEMENTRE-LOCATING (E) RETAIL STORE2168 SPRINGS RD.VALLEJO, CA 1 EXISTING BUILDING WALLDEMO PLANSCALE: 1/4"=1'-0"EXISTING WALL TO BE REMOVED REMOVE (E) W.C. RE-USE LINES AS NEEDED.2REMOVE AND CAP LINES 2 2
1 2168 SPRINGS RD.2172 SPRINGS RD.2176 SPRINGS RD.2180 SPRINGS RD.NOT PART OF THIS PERMIT A-1.2EXISTING FRONT ELEVATIONDESCRIPTION:
(415) 448-6073MONARCHENGINEERSwww.monarchengineers.comTENANT IMPROVEMENTRE-LOCATING (E) RETAIL STORE2168 SPRINGS RD.VALLEJO, CA 1 EXISTING FRONT ELEVATIONSCALE: 1/4"=1'-0"

AREA OF WORKEXISTING TENANT NOT PART OF THIS PERMIT
16"±(E) EXTERIOR WALL(E) GLASS AND ALUMINUMFRAME STOREFRONT DOORS TO BE LOCKED AND NOT OPERATIONALAS PART OF NEW TENANT IMPROVEMENTNOTE:NO EXTERIOR CHANGES UNDER THIS PERMIT 3070
3368 3068
3068
3068
+34"
WH
3068
A-2.0PROPOSED FLOOR PLAN

LIQUOR SALES
(E) CONCRETE MASONRY WALL1SHEET NOTES
DESCRIPTION:
(415) 448-6073MONARCHENGINEERSwww.monarchengineers.comTENANT IMPROVEMENTRE-LOCATING (E) RETAIL STORE2168 SPRINGS RD.VALLEJO, CA 1 PROPOSED FLOOR PLAN SCALE: 1/4"=1'-0"
50'-0"
19'-6"18'-0"18'-5"
55'-11"
(E) DEMISING WALL2
1 42
55'-11"

OFFICE /BREAK ROOMDRYSTORAGE

WALK-INREFRIGERATORSALESFLOOR
(N) 40 GALLON GAS WATER HEATER3(N) SHELVING (BUILT-IN)4 912
8 (N) SHELVING, 30" MAX HEIGHT5

WALK-INREFRIGERATOR
13 111016
5 7 3
(N) COCA-COLA UNITS6(N) MOP SINK & CABINET7(N) BUILT-IN EXPENSIVE ITEMS DISPLAY8CHANGE DOOR SWING9(N) FLIP-UP COUNTER DOOR10(N) ACCESSIBLE COUNTER, 36" MIN WIDE, 34" MAX A.F.F.11(N) P.O.S. STATION w/ CASH REGISTER AND PLEXIGLASS BARRIER12(N) SALES COUNTER13 1'-8"5'-0"2'-6"
18 3'-0"
(N) 36" WIDE x 35" DEEP x 72" HIGH GONDOLA SHELVING UNIT, TYP.14 14 (N) 36" WIDE x 19" DEEP x 72" HIGH END CAP, TYP.15
1 15
(N) ICE CREAM DISPLAY FREEZER16(N GLASS DOOR MERCHANDIZER17(N) EMPLOYEE LOCKERS181716 36"
10'-3"7'-1"32'-8"
14'-8"35'-4"
9'-7"
10'-0"8'-2"2'-3"16'-6"19'-0"
15'-2"4'-11"16'-11"5'-3"5'-2"7'-11 1/2"
EXIT ACCESS TRAVELDISTANCE = 64'LEGENDCOMBINATION EXIT SIGN AND EMERGENCY TWIN HEADS,INTEGRAL BATTERY UNIT, GREEN LETTERS, L.E.D.EXISTING WALLNEW WALL TACTILE EXIT SIGN PER DETAILSALL GENDER RESTROOM SIGN INSTALLED ON WALL PER DETAILSALL GENDER RESTROOM SIGN INSTALLED ON DOOR PER DETAIL1920211920 21 3A-34A-32A-33A-32A-3
1/A-2.1
5' MIN.44" MIN.TYP.5' MIN.
6'-11"
2 (N) LONG-TERM BICYCLE PARKING. FOR EACH BICYCLE, PROVIDE 2 WALL-MOUNTED HOOKS FOR HANGINGBICYCLE VERTICALLY AND 1 WALL-MOUNTED EYE HOOK FOR SECURE LOCKING.2222 LONG-TERM BICYCLECITY LONG-TERM BICYCLE PARKING REQUIREMENTSBUILDING AREA = 4,587 FT2REQUIRED: THE GREATER OF 1 PER 5,000 FT2 OR 2TOTAL STALLS REQUIRED = 2FOR SHORT-TERM BICYCLE PARKING, SEE SHEET SD-2PARKING REQUIREMENTS LINEAR MEASUREMENT OF RETAIL SHELVES DEDICATEDFOR ALCOHOL BEVERAGE SALES; 113' TOTAL. TOTALLINEAR MEASUREMENT OF RETAIL SHELVES IN THE STORE325', THIS ACCOUNTS FOR REFRIGERATED ANDNON-REFRIGERATED SHELF SPACE. THEREFORE, ABOUT35% OF SHELF SPACE IS DEDICATED TO ALCOHOL SALES.

A-2.1SALES COUNTER ELEVATIONDESCRIPTION:
(415) 448-6073MONARCHENGINEERSwww.monarchengineers.comTENANT IMPROVEMENTRE-LOCATING (E) RETAIL STORE2168 SPRINGS RD.VALLEJO, CA 1 34"

PLEXIGLASS BARRIER, TYP

FLIP-UP COUNTER DOOR

ACCESSIBLE COUNTER
40"SCALE: 1/2"=1'-0"SALES COUNTER ELEVATIONS1
A-2.2TRASH ENCLOSUREDESCRIPTION:
(415) 448-6073MONARCHENGINEERSwww.monarchengineers.comTENANT IMPROVEMENTRE-LOCATING (E) RETAIL STORE2168 SPRINGS RD.VALLEJO, CA 1 SCALE: 3/8"=1'-0"TRASH ENCLOSURE1

PLAN VIEWROOF PLAN

DETAILED FRONT VIEW

SECTION A-A

SIDE ELEVATIONFRONT ELEVATION
GENERAL:1.DOORWAYS LEADING TO SANITARY FACILITIES SHALL BE IDENTIFIED BYA GEOMETRIC SYMBOL ON THE DOOR.2.GEOMETRIC SYMBOLS SHALL BE CENTERED HORIZONTALLY ON THE DOOR AT AHEIGHT OF 58" MIN. AND 60" MAX. ABOVE THE FINISHED FLOOR OR GROUNDSURFACE MEASURED TO THE CENTER OF THE SYMBOL. WHERE A DOOR ISPROVIDED THE SYMBOL SHALL BE MOUNTED WITHIN 1" OF THE VERTICALCENTERLINE OF THE DOOR.3.EDGE OF SIGNS SHALL BE ROUNDED, OR EASED AT 116" MINIMUM, OR CHAMFEREDAT 18" MINIMUM AND 14" MAXIMUM.4.CORNERS OF SIGNS SHALL HAVE A MIN. RADIUS OF 18".5.RESTROOM FACILITIES SHALL BE IDENTIFIED BY A CIRCLE 14" THICK, AND 12" INDIAMETER WITH A 14" THICK TRIANGLE SUPERIMPOSED ON THE CIRCLE WITHIN THE12" DIAMETER. THE TRIANGLE SYMBOL SHALL CONTRAST WITH THE CIRCLE SYMBOL,EITHER LIGHT ON A DARK BACKGROUND OR DARK ON A LIGHT BACKGROUND. THECIRCLE SYMBOL MUST CONTRAST WITH THE DOOR, EITHER LIGHT ON A DARKBACKGROUND OR DARK ON A LIGHT BACKGROUND. COLOR AND CONTRAST SHALLBE DISTINCTLY DIFFERENT FROM COLOR AND CONTRAST OF THE FACILITY DOOR.6.CHARACTERS AND THEIR BACKGROUND SHALL HAVE A NON-GLARE FINISH.CHARACTERS SHALL CONTRAST WITH THEIR BACKGROUND WITH EITHER LIGHTCHARACTERS ON A DARK BACKGROUND OR DARK CHARACTERS ON A LIGHTBACKGROUND.7.CHARACTERS SHALL BE UPPERCASE OR LOWERCASE OR A COMBINATION OF BOTH.8.CHARACTERS SHALL BE CONVENTIONAL IN FORM. CHARACTERS SHALL NOT BEITALIC. OBLIQUE, SCRIPT, HIGHLY DECORATIVE, OR OTHER UNUSUAL FORM.9.CHARACTERS SHALL BE SELECTED FROM FONTS WHERE THE WIDTH OF THEUPPERCASE LETTER "O" IS 60% MINIMUM AND 110% MAXIMUM OF THE UPPERCASE"I".10.MINIMUM CHARACTER HEIGHT SHALL COMPLY WITH TABLE 11B-703.5.5 2016CBC.BRAILLE:1.CONTRACTED (GRADE 2) BRAILLE SHALL BE USED WHEREVER BRAILLE IS REQUIRED.DOTS SHALL BE 110" ON CENTER IN EACH CELL WITH 210" BETWEEN CELLS, MEASUREDFROM THE SECOND COLUMN OF THE DOTS IN THE FIRST CELL TO THE FIRSTCOLUMN OF THE DOTS IN THE SECOND CELL.2.DOTS SHALL BE RAISED A MIN. OF 140" ABOVE THE BACKGROUND.3.BRAILLE DOTS SHALL BE DOMED OR ROUNDED.SIGN LOCATIONS:1.FOR PERMANENT IDENTIFICATION, THE WALL SIGN SHALL BE INSTALLED ON THE WALLADJACENT TO LATCH SIDE OF DOOR. IF THERE IS NO WALL SPACE ON THE LATCHSIDE, INCLUDING AT DOUBLE LEAF DOORS, THE SIGN SHALL BE PLACED ON NEARESTADJACENT WALL, PREFERABLY ON THE RIGHT.2.SIGNS THAT IDENTIFY EXITS SHALL BE LOCATED ON THE APPROACH SIDE OF THEDOOR AS ONE EXITS THE ROOM AND SPACE.3.THE MOUNTING HEIGHT SHALL BE 60" ABOVE THE FLOOR TO THE CENTER LINE OFSIGN. PERSONS SHALL BE ABLE TO APPROACH WITHIN 3" OF THE SIGN WITHOUTENCOUNTERING PROTRUDING OBJECTS OR STANDING WITHIN THE SWING OF THEDOOR.CHARACTERS & PICTOGRAMS:1.CHARACTERS ON SIGNS SHALL BE RAISED 132" MIN. AND SHALL BESANS SERIF UPPER CASE CHARACTERS ACCOMPANIED BYCONTRACTED GRADE 2 BRAILLE.2.RAISED CHARACTERS SHALL BE A MIN. 132" AND A MAX. OF 2" HIGH.3.CHARACTERS AND BRAILLE SHALL BE IN A A HORIZONTAL FORMAT.BRAILLE SHALL BE PLACED A MIN. 38" AND MAX. 12" DIRECTLY BELOWTHE TACTILE CHARACTERS, FLUSH LEFT OR CENTERED. WHEN THETACTILE TEXT IS MULTI-LINED, ALL BRAILLE SHALL BE PLACEDTOGETHER BELOW ALL LINES OF TACTILE TEXT.4.PICTORIAL SYMBOL SIGNS SHALL BE ACCOMPANIED BY VERBALDESCRIPTION PLACED DIRECTLY BELOW THE PICTOGRAM. MIN.OUTSIDE DIMENSION HEIGHT OF PICTOGRAM SHALL BE 6".

ALL GENDERALL GENDER
SIGN
SIGN

SIGNSISIGN
EXIT1/8" MIN.
5/8" MIN.2" MAX.3/8" MIN1/2" MAX
3/8 MINLINE SPACING135% MIN. TO170% MAX. OFTHE RAISEDCHARACTERHEIGHT.

A-3.0DETAILSDESCRIPTION:
(415) 448-6073MONARCHENGINEERSwww.monarchengineers.comTENANT IMPROVEMENTRE-LOCATING (E) RETAIL STORE2168 SPRINGS RD.VALLEJO, CA 1 1SIGNS AND PICTOGRAMS
2 TYP. SIGNAGE LOCATION3TACTILE EXIT SIGN4

RESTROOM SIGN
1-3-

Attachment A
Date: February 25, 2025
SUBJECT: SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001) .

Page 1 ends

Table 1 - General Plan 2040 Policies and Actions
Policies and Actions Staff’s Analysis
Policy CP-1.11:

Responsible Alcohol Sales. Promote responsible
alcohol sales through regulation and education.

The four employees of the liquor store will be provided ABC – Responsible Beverage Service Training Program for responsible sales of alcoholic beverages Policy EET-3.2:

Local Business Retention. Retain existing businesses
and encourage their expansion within Vallejo.

The proposed relocation of an existing liquor store will contribute to the retention of an existing business. This eliminates the need for them to travel across town to another store that offers beer and wine for off-site consumption.

Policy NBE-1.8:

Urban Forest. Encourage planting of street trees and
landscaping to beautify the city, encourage walking
and biking and create a stronger sense of identity.

The proposed project would include a total of 2,353 square feet of landscaping on the project site. The majority of the landscaping would be around the perimeter of the project site and would consist of trees, shrubs, vines, and ground cover will beautify the site.

Attachment A
Date: February 25, 2025
SUBJECT: SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001) .

Page 2 ends

Table B – NMX Zoning District Development Standards
VMC Table/Section Requirement Proposal Compliance
Table 16.203-A - Landscaping
Minimum perimeter
landscaping when adjacent to
Residential Zoning District – 4-
feet
5 feet and four inches Yes
Street Trees – 1 per 30 feet of
frontage
Required – 3 street trees
3 street trees Yes
Table 16.504 – Landscape
Requirements
Minimum of 20 percent of the
site shall be landscaped
Required – 2,782.8 square feet
2,353 square feet
No; requested an Exception to
reduce landscaping by 15.4
percent
Section 16.504.06 (A.1)
Streetscape landscaping along
major arterials
Minimum of 8 feet wide
landscaping along the length of
the parcel
8 feet Yes
Table 16.508 – B: Street Parking
Requirements
Minimum of 2 per 1,000 square
feet
Required: 6 off-street parking
spaces for 2,797 square feet
6 Yes
Table 16.508-D Bicycle Parking
Standards
The greater of 1 per 5,000
square feet or 2 for short-term
and 2 for long-term bicycle
parking
2 for short-term
2 for long-term Yes
Attachment A
Date: February 25, 2025
SUBJECT: SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001) .

Page 3 ends

Figure 1 – Project Location
Project
Location
Attachment A
Date: February 25, 2025
SUBJECT: SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001) .

Page 4 ends

Figure 2 – Site Plan

DATE: November 18, 2024 Item#: 8A TO: Planning Commission
FROM: Cesar Orozco, Planning Manager
SUBJECT: “Springtowne Bottleshop” Store Relocation (UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001)

PROJECT INFORMATION

Project Summary:

The project consists of relocating the existing liquor store known as “Springtowne Bottleshop” from 2154 Springs Road to 2168 Springs Road with hours of operation from 8 a.m. to 12 a.m.(midnight), seven days a week. The project includes new landscaping, and on-site improvements.

Project Number(s): Use Permit (UP22-0007), Exception (EXC24-0006), Landscape Review (LR24-0013) and Variance (VAR24-0001)

Location:

2168 Springs Road (APN:0069-175-240)

Applicant: Roberto Cortez

Owner:

Ranjwnder Sidhu

General Plan Land Use Designation: Neighborhood Corridor

Zoning District: Neighborhood Mixed-Use

CEQA: The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301(a) (Class 1 “Existing Facilities”) and Section 15303(c) (Class 3 “New Construction or Conversion of Small Structures”).

RECOMMENDATION

Staff recommends that the Planning Commission find the p roject exempt from environmental review pursuant to CEQA Guidelines Section 15301 (a) and 15303(c), and approve Use Permit (UP22-0007), Exception (EXC24-0006), Landscape Review (LR24-0013) and Variance (VAR24-0001), based on the findings provided in the attached Resolution and subject to the Conditions of Approval provided as Exhibit A to the Resolution.

BACKGROUND AND DISCUSSION

Background
On January 1, 1994, Alcoholic Beverage Contral issued a Type 21 – off- sale general alcohol license for the sale of beer, wine and distilled spirits.

On March 20, 2008, a business license was issued for Springstowne Bottle Shop to operate a liquor store at 2154 Springs Road. The existing business has been in operation for over 16 years at the existing location of 2154 Springs Road.

Date: November 18, 2024
Subject: “SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001)

Page 2 ends

On June 28, 2022, Roberto Cortez, the applicant, on behalf of Ranjwnder Sidhu, the property owner, submitted for a Use Permit to relocate an existing liquor store. The application was deemed incomplete, as additional entitlements were required.

The applicant submitted the revised project plans and applied for a Landscape Review, Exception and a Variance. The project plans were routed to various city departments and outside agencies for their review, and the application was determined to be complete on May 29, 2024.

Location and Land Use Context
The project site is located at 2168 Springs Road; at the corner of Springs Road and Lain Drive. The site is surrounded by existing commercial and residential uses. The subject site is bounded by single- family residences and Taft Way to the north, Lain Drive and an automotive detailing shop to the east, Springs Road and a commercial shopping center to the south and a commercial shopping center to the west (see Figure 1 of Attachment B).

Interstate 780 (I -780) is approximately 1.3 miles to the south and Interstate-80 is approximately 0.8 miles to the west. Each provide regional access while Springs Road and Lain Drive provide direct access to the project site. The immediate vicinity o f the project site is characterized by existing commercial and single- family (see figure 1 in A ttachment C). The site’s General Plan 2040 Land Use Designation is Neighborhood Corridor (NC) and is implemented by the Neighborhood Mixed -Use (NMX) Zoning District.

Project Description
The project consists of the relocation of an existing liquor store, known as “Springstowne Bottleshop” from 2154 Springs Road (APN:0069-175-270) to 2168 Springs Road (APN:0069 -175-240). The new location at 2168 Springs Road, which is currently occupied by three tenants and totals 2,797 square feet, w ould be merged into one single-unit tenant space with interior tenant improvement s to accommodate the new liquor store. Once reconfigured, the 2,797 square- foot tenant space would include a 1,675 square -foot sales floor area, 460 square feet for two walk -in coolers, 216 square feet for dry storage, and 446 square feet for a break room and restroom. A total of 775 square feet of the sales floor area w ould be dedicated to the sale of alcohol items (about 27% of the total sales floor area). The project also includes 2,353 square feet of new landscaping, six (6) reconfigured off-street parking spaces and a new 79 square-foot trash enclosure (see Figure 2 of Attachment B). The applicant has requested an Exception to reduce the required, 2,782.8 square feet of landscaping, by 25% percent and a Variance to waive the requirement for a six-foot solid wall along the rear property line adjacent to the residential zoning district.

The operator intends to s ell the following types of alcoholic beverages : individual containers of beer less than 40 ounces (oz), 40 oz beer, 6-12 packs of beer, ale or wine coolers, cases of beer or wine, malt liquor 12 oz or greater, kegs of beer, individual containers of wine coolers , bottles of wines 750 milliliter (ml) or larger, 6 -12 packs of wine coolers, individual container of fortified wines less than 500 ml, fortified wines of any size, distilled spirits smaller than pint -size, and distilled spirits pint- size or larger. These offerings are the same as what is currently sold at their existing location at 2154 Springs Road.

Regarding business hours, the liquor store operator has proposed to reduce its hours of operations from 7:30 a.m. to 1 a.m., Sunday – Thursday, and 7:30 a.m. to 2 a.m. Friday -Saturday, to 8 a.m. to 12 a.m. (midnight) seven days a week. A total of four employees would operate the store, two full -time and two part- time. Employees would continue to receive training from ABC – Responsible Beverage Service Training Program for proper sales of alcoholic beverages , as they do in conjunction with the current businesses location.

The existing Type 21 – Alcoholic Beverage Control (ABC) Type 21 – General off -sale for beer, wine and distilled spirits was original issued on January 1, 1994
1, and has been transferred through the years. The existing operators originally obtained the Type 21 license on July 8, 1994. Vallejo Municipal Code (VMC) Section 16.305.06 (B) states, “ all businesses engaged in the sale of alcoholic beverages, including eating and drinking establishments that were non- conforming uses prior to August 25, 1998 and still do not possess a minor or major use permit for the sale and service of alcohol shall automatically become deemed approved uses and shall no longer be considered non- conforming uses.” The existing liquor store is categorized as deemed approved. With the relocation of the deemed approved use from one location to another, and the legalization of the use through the issuance of a Minor Use Permit, the deemed approved status for the existing business will cease.

Code Compliance

1 According to the ABC License Query System - https://www.abc.ca.gov/licensing/license-lookup/ Date: November 18, 2024
Subject: “SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001)

Page 3 ends

I. Required Entitlements

Use Permit: VMC section 16.305.05 provides that liquor stores shall require a major use permit, as prescribed in Chapter 16.606, Minor and Major Use Permits.” According to VMC section 16.606.02.B, “the planning commission shall review, approve, conditionally approve, or deny an application for a major use permit based on consideration of the requirements of this chapter.” VMC Table 16.301 – A” Land Use Regulations states a liquor store in the Neighborhood Mixed -Use Zoning district requires a Major Use Permit and is subject to the standards found in VMC Chapter 16.305 – Alcoholic Beverage Sales.

Exception: VMC Section 16.608.01 states that t he director may grant relief from the dimensional requirements specified in the Zoning Code, not to exceed twenty -five percent of the requirement with an Exception. The Director has forwarded the review of the Exception to the Planning Commission to review the project in whole and take action on the required entitlements. A request for an Exception has been made to reduce the required landscaping for the site by 25 percent.

Variance: VMC Section 16.607.01 (A) states, “ Variances may be granted to vary or modify dimensional and performance standards but shall not be granted to allow uses or activities that this Zoning Code does not authorize for a specific lot or site.” According to VMC Section 16.607.02 (A) , “Review Authority,” t he planning commission, architectural heritage and landmarks commission, in accordance with Table 16.601- A: Permit Review Authority, or city council on appeal must approve, conditionally approve, or deny an application for a variance, in accordance with Table 16.601-A: Permit Review Authority, based on consideration of the requirements of this chapter.” VMC Section

16.305.02 (B.10) requires a sound wall of six feet in height between the business and abutting residential zoning district or use. A Variance was requested to waive this requirement.

II. General Plan Consistency

The General Plan 2040 Land Use Designation for the subject property is Neighborhood Corridor (NC). The General Plan characterizes this designation as follows:

The NC designation is intended to promote pedestrian‐oriented neighborhood "main streets" with an emphasis on shops and services catering to the daily needs of local residents, particularly at mixed ‐use Urban Villages. Permitted uses in the NC designation include multifamily developments, retail, personal and automotive services, professional offices, community facilities, and other uses conducted primarily inside of buildings and compatible with an eclectic neighborhood ‐oriented mixed‐use environment. The maximum permitted FAR in the NC designation is 2.0, with minimum residential density of 18 dwelling units per acre up to 30 dwelling units per acre.

The project is consistent with the NC land use designation in that in includes the continuation of an existing liquor store that serves existing residents in the area. The proposed relocation of the existing liquor store would beautify an underutilized site with new landscaping and maintain an existing business in the City. Additionally, the project is consistent with applicable General Plan 2040 policies and actions, such as Policy CP -1.11: Responsible Alcohol Sales, Policy EET-3.2: Local Business Retention, and Policy NBE-1.8 Urban Forest (refer to Table 1 of Attachment B).

III. Zoning Code Compliance

The project site is zoned Neighborhood Mixed -Use (NMX). The zoning code provides the following description for the NMX zoning district:

The NMX Zoning District is intended to create and establish regulations for neighborhood -serving mixed-use areas along the corridors. The neighborhood mixed -use areas include the primary commercial corridors such as Tennessee Street, Solano Avenue, Springs Road, Broadway, Sonoma Boulevard as well as other areas.

Design and development standards will ensure that development at neighborhood nodes is appropriately Date: November 18, 2024
Subject: “SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001)

Page 4 ends

scaled to ensure the physical form relates to and does not overwhelm adjacent single- family residential neighborhoods.

VMC Table 16.102 -A: Zoning Districts states, the NMX zoning district implements the NC General Plan Land Use Designation. VMC Table 16.301 – A: Land Use Regulations provides that a “Liquor Store” is permitted in the NMX zoning district after obtaining a Major Use Permit, as prescribed in Chapter 16.606 – Minor or Major Use Permit, and subject to the standards found in VMC Chapter 16.305 – Alcoholic Beverage Sales.

Although the proposed project does not involve physical exterior changes to the building, the proposed project site improvements were reviewed against applicable development standards found within the NMX zoning district and other chapters and sections that apply to the project, such as landscaping and off -street parking (refer to T able 2 of Attachment B). As proposed and condition, the proposed project is consistent with applicable development standards.

IV. Required Findings

1. Use Permit Findings. VMC Section 16.606.03 requires the review authority, Planning Commission, to make the following findings prior to granting a Major Use Permit:

a. The proposed use is conditionally allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and all other titles of the Vallejo Municipal Code;

b. The proposed use is consistent with the general plan and any applicable specific plan or planned development and any other applicable plans;

c. The subject parcel is physically suitable for the type of land use being proposed;

d. The proposed use is compatible with existing and permissible land uses within the zoning district and the general area in which the proposed use is to be located which may include but not be limited to size, intensity, hours of operation, number of employees, or the nature of the operation;

e. The physical location or placement of the use on the site is compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood;

f. The proposed use and related project features will not create any nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding ambient conditions and would not otherwise be detrimental to the public interest, health, safety, or general welfare; and

g. The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

2. Exception. VMC Section 16.608.05, requires the review authority, Planning Commission, to make the following findings prior to granting an Exception:

a. The exception is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance;

b. There are no alternatives to the requested exception that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public;

Date: November 18, 2024
Subject: “SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001)

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c. The granting of the requested exception will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of the Zoning Code;

d. If the exception requested is to provide reasonable accommodation pursuant to state or federal law, the review authority must also make the following findings in addition to any other findings that this Zoning Code requires:

i. That the subject housing or property will be used by an individual or organization entitled to protection;
ii. If the request for accommodation is to provide fair access to housing, that the request is necessary to make specific housing available to an individual protected under state or federal law;
iii. That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and iv. That denial of the requested exception would impose a substantial burden on religious exercise or would conflict with any state or federal statute requiring reasonable accommodation to provide access to housing; and

e. The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

f. Notification. Notice shall be provided in compliance with the requirements of Chapter 16.602, Common Procedures, Section 16.602.08, Noticing. When a project subject to an exception permit approval and requires a development review permit, use permit variance, an amendment of the Zoning Code or any other discretionary action, the notice for such approval shall also state that the project is subject to an exception.

3. Variance Findings. VMC Section 16.607.03 requires the Planning Commission to make the following findings prior to granting an Variance:

b. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other conforming property in the same vicinity and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors;

c. That the granting of the variance will not be materially detrimental to the public health, safety or welfare or will not impair an adequate supply of light and air to adjacent property;

d. That the conditions upon which the requested variance is based would not be applicable, generally, to other property within the same zoning classification;

e. That either the variance is so insignificant that granting it will not be incompatible with the general plan; or the potentially adverse effects of the variance on said plan, which would be avoided by denying the variance, are exceeded by the individual hardship which would be relieved by granting the variance; and

f. The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

Date: November 18, 2024
Subject: “SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001)

Page 6 ends

Staff Analysis
Staff believes all the applicable Use Permit, Exception and Variance findings as listed above, can be made for the proposed project. A summary of staff’s analysis is included below, with specific analysis associated with each required finding , including recommended statements of fact, incorporated into the attached Resolution (Attachment 1 of this report).

I. Deemed Approved Alcoholic Beverage Sales

As previously mentioned, a ll businesses engaged in the sale of alcoholic beverages, including eating and drinking establishments that were non-conforming uses prior to August 25, 1998 and still do not possess a minor or major use permit for the sale and service of alcohol shall automatically become deemed approved uses and shall no longer be considered non-conforming uses. The existing location of the liquor store obtained an ABC license in January 1, 1994, prior to the August 25, 1998, deeming the sale of alcoholic use as “deemed approved.”

The proposed project of relocating the liquor store, would require compliance with applicable standards in the VMC Title 16 – Zoning Code and require a Major Use Permit in the NMX zoning district. With the approval of the Major Use Permit as proposed, the deemed approved status for the existing location would cease, and the new location would be in conformance with the zoning code.

It should be noted that a new liquor store will not be able to occupy the existing location due to the limitation in VMC Section 16.305.05 (B) stating, “ no
liquor store, except for a large format liquor store, or convenience store, or mini - market associated with fuel sales offering alcoholic beverages for off -premise consumption shall be established within one thousand feet of a property containing an existing or approved liquor store, convenience store or mini - market associated with fuel sales offering alcoholic beverages for off -site consumption.” The limitation of a 1,000 - foot buffer w ould limit the location of a new alcoholic beverage sales for off -site consumption if the Planning Commission approves the relocation of the existing deemed approved liquor store.

II. Landscaping.

The proposed project includes a total of 2,353 square feet of landscaping on the project site. VMC Table 16.504 -A:

Landscape Requirements states a minimum of 20 percent of the site shall be landscaped , which would equate to a minimum of 2,78 3 square feet of landscaping required on the 13,914 square -foot project site . If approved, the requested Exception would allow a reduction of up to 25 percent in the amount of landscaping required on the site. A 25 percent reduction would reduce the current requirement f rom 2,783 square feet of landscaping, down to 2,087 square feet. The current propos al for 2,353 square feet of landscaping is equivalent to a reduction of about 15.4 percent, which is within the allowable limits for an Exception request.

A majority of the landscaping proposed would be around the perimeter of the project site and would consist of trees, shrubs, vines, and ground cover. A total of four trees would be planted as a part of the proposed project. The new landscaping would beautify the site and create a sense of place on an underutilized site. A variety of trees, shrubs and ground cover w ould also be planted along the north property line, adjacent to the residences, to create a buffer between the new use and the existing residences.

III. Required Wall

VMC Section 16.305.02 (B.10) requires placement of a sound wall up to six feet in height shall be provided between the business and any abutting residential zoning district or use. The applicant has requested a Variance from this requirement because there is an existing five- foot reserve easement along the north property boundary line that prevents the installation of a permanent structure.

Date: November 18, 2024
Subject: “SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001)

Page 7 ends

IV. Off-Street Parking

The project proposes six (6) off-street parking spaces, with one of the stalls designed for ADA accessibility. VMC Table

16.508-B: “Off Street Parking” requires commercial uses provide two off -street parking spaces per 1,000 square feet.

With an overall tenant space of 2,797 square feet, a total of 5.5 off -street parking spaces is required. VMC Section

16.104.02 (A) General Rounding states, fractions of one -half (0.5) or greater must be rounded up to the nearest whole number, and fractions of less than one -half (0.5) must be rounded down to the nearest whole number, except as otherwise provided. As such, the parking requirement is rounded up to a minimum of six off -street parking spaced. As proposed, the six off-street parking space meets the minimum requirement.

V. Hours of Operation

The liquor store operator has proposed to reduce its hours of operations from 7:30 a.m. to 1 a.m., Sunday – Thursday, and 7:30 a.m. to 2 a.m. Friday -Saturday, to 8 a.m. to 12 a.m. (midnight) seven days a week. As conditioned, any potential future changes to the proposed hours of operation w ould need to be reviewed by the Planning Commission.

VI. Alcoholic Beverage Sales

VMC Chapter 16.305, Alcoholic Beverage Sales, includes additional regulations established to implement the general plan's policy to promote responsible sale and service of alcoholic beverages, as well as reduce impacts from the operation of businesses selling alcoholic beverages for on- site or off -site consumption. VMC Section 16.305.02, includes an extensive list of requirements related to alcoholic beverage sales, which would be carried forward as conditions on this project approval (as applicable). These requirements generally relate to ensuring the business operator prevents loitering on site, limits late- night sales of alcohol, keeps the property clean and free of litter/graffiti, displays proper signage related to regulations, allows for periodic inspections by City staff (including PD) as needed, and follows proper requirements if/when the business changes hands to a new operator .

VMC Section 16.305.05, includes additional requirements specific to “liquor stores, convenience stores, and mini - markets associated with fuel sales offering alcoholic beverages for off -site consumption.” The proposed project would comply with these requirements as follows:

A. The planning commission may grant such a permit only if, from the facts presented with the application, at the public hearing, or as determined by investigation, it finds that the conditions described in Section

16.305.04, Eating and Drinking Establishments, exist.

a. (Section 16.305.04.A) The location and operating characteristics of the proposed alcohol sales will not adversely affect sensitive land uses in the surrounding area, including, but not limited to, residences, schools, parks, playgrounds, places of religious assembly, hospitals, and convalescent homes. For the purposes of this chapter, "adversely affect" means to impact in a substantial, negative manner the economic value, habitability, or use of properties in the immediate area.

Staff Analysis: The only sensitive land uses in the vicinity of the project site would be the existing residences located to the north and an elementary school to the east. The proposed relocation of the liquor store would not adversely affect the nearby residences and schools in the area, in that the business would adhere to all requirements outlined in the VMC Section 16.305.02, ensuring responsible sale of alcoholic beverages at the site.

b. (Section 16.305.04.B) The impacts of any nearby discretionary land use that is already subject to a use permit and that also proposes to engage in late night alcohol sales and/or service are not increased;

Staff Analysis: The proposed use does not include late night alcohol sales, and the existing liquor store location (at 2154 Springs Rd.) would close prior to opening the new location.

Date: November 18, 2024
Subject: “SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001)

Page 8 ends

c. (Section 16.305.04.C) Conditions including, but not limited to, interior and exterior restrictions such as noise controls, location and use of parking areas, sound barriers, and other performance standards manage, minimize, mitigate, eliminate or reduce the impacts of that activity on the public health and safety.

Staff Analysis: The proposed relocation of the liquor store would not contribute any new noise source to the existing area, and it is not expected to result in increased traffic to the site that could impact parking areas or other performance standards intended to manage, minimize, mitigate, eliminate or reduce impacts on public health and safety.

B. No liquor store, except for a large format liquor store, or convenience store, or mini -market associated with fuel sales offering alcoholic beverages for off -premise consumption shall be established within one thousand feet of a property containing an existing or approved liquor store, convenience store or mini -market associated with fuel sales offering alcoholic beverages for off -site consumption.

Staff Analysis: The existing “Springtowne Bottleshop” store is the only existing business w ithin 1,000 feet of the project site that qualifies as “ an existing or approved liquor store, convenience store or mini -market associated with fuel sales offering alcoholic beverages for off -site consumption .” However, since this business is proposed for relocation and would be required to close prior to the opening of the new location, the project would comply with this VMC requirement, as conditioned .

C. A convenience store or mini -market may sell beer and wine under a ABC Type 20 license provided the total floor area devoted to display of such products does not exceed ten percent of the gross floor area.

Staff Analysis: Not Applicable; the proposed relocation of the alcohol outlet is a liquor store and not a convenience store or mini-market.

Notice and Comments

On November 4 2024, pursuant to VMC Section 16.602.08, a notice of this hearing was published in the Times Herald, mailed to all active neighborhood groups, all property owners within 500 feet of the subject property, and any other interested part ies and local agencies expected to provide water, wastewater treatment, and/or other essential facilities or services to the project, as well as to members of the Planning Commission, the applicant and property owner.

As of the writing of this staff report, s taff has received a comment from the managing property owner regarding the deemed approved status and the requirement of 1,000 foot limitation of a new liquor store.

ENVIRONMENTAL REVIEW

Under the California Environmental Quality Act, the State has identified a list of classes of projects, which have been determined to not have a significant effect on the environment and are therefore exempt from the requirements of CEQA. The proposed project is exempt under CEQA Guidelines, Section 15301(a) (Class 1 “Existing Facilities”) and ( Section 15303(c) (Class 3: “New Construction or Conversion of Small Structures”) due to the proposal includes interior alterations to an existing building less than 10,000 square feet in area on a site zoned for the proposed use and where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

Therefore, no further environmental review is required.

CONCLUSION
Date: November 18, 2024
Subject: “SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001)

Page 9 ends

Based on the analysis contained in this staff report and the project’s consistency with General Plan 2040 and the VMC, staff recommends that the Planning Commission find the p roject exempt from environmental review pursuant to CEQA Guidelines Section 15301(a) and 15303(c), and approve Use Permit (UP22 -0007), Exception (EXC24- 0006), Landscape Review (LR24- 0013) and Variance (VAR24- 0001), based on the findings provided in the attached Resolution and subject to the Conditions of Approval provided as Exhibit A to the Resolution.

EXPIRATION

Pursuant to VMC Section 16.602.12 (A.2), the approval of the Use Permit (UP22 -0007), Exception (EXC24 -0006), Landscape Review (LR24 -0013) and Variance (VAR24 -0001) shall automatically expire two years after approval, unless authorized construction has commenced prior to the expiration date (November 18, 2026; if approved at this meeting and not appealed).

APPEAL PROCEDURES

Pursuant to VMC Section 16.602.14, the applicant, or any party adversely affected by the decision of the Planning Commission may, within ten days after the rendering of the decision of the Planning Commission appeal in writing to the City Council by filing a written appeal with a fee as prescribed in the Master Fee Schedule with the City Clerk. Such written appeal shall state the reason or reasons for the appeal and why the applicant believes he or she is adversely affected by the decisi on of the Planning Commission. Such appeal shall not be timely filed unless it is actually received by the City Clerk or designee no later than the close of business on the tenth calendar day after the rendition of the decision of the Planning Commission. If such date falls on a weekend or City holiday, then the deadline shall be extended until the next regular business day.

Notice of the appeal, including the date and time of the City Council’s consideration of the appeal, shall be sent by the Cit y Clerk to all property owners within five hundred feet of the project boundary. The Council may affirm, reverse, or modify any decision of the Planning Commission that is appealed.

LEVINE ACT: GOVERNMENT CODE 84308

This item is subject to the Levine Act. City elected and appointed officials, including candidates for City elected office, (City Officers) who have received a campaign contribution of more than $250 within 12 months prior from a party, participant, or their representatives involved in this proceeding may do either of the following: (1) disclose the contribution on the record and recuse themselves from this proceeding; OR (2) return the portion of the contribution that exceeds $250 within 30 days from the time the elected official knew or should have known about the contribution and participate in the proceeding.

All parties, participants, and their representatives must disclose on the record of this proceeding any contribution of more than $250 made to the City Officers, such as the mayor and/or Councilmembers, within 12 months prior to the date of the proceeding. City Officers are prohibited from accepting, soliciting, or directing a contribution of more than $250 from a party, participant, or their representatives during a proceeding and for 12 months following the date a final decision is rendered.

ATTACHMENTS
A. Resolution No. PC24-XX
a. Exhibit A – Conditions of Approval
B. Supporting Information Tables and Images
C. Project Plans
D. Off-Site Sale of Alcohol Supplemental Questionnaire

STAFF CONTACT
Cesar Orozco, Planning Manager
707.648.5436
[email protected]

Attachment B
Date: November 18, 2024
SUBJECT: SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001) .

Page 1 ends

Table 1 - General Plan 2040 Policies and Actions
Policies and Actions Staff’s Analysis
Policy CP-1.11:

Responsible Alcohol Sales. Promote responsible
alcohol sales through regulation and education.

The four employees of the liquor store will be provided ABC – Responsible Beverage Service Training Program for responsible sales of alcoholic beverages Policy EET-3.2:

Local Business Retention. Retain existing businesses
and encourage their expansion within Vallejo.

Policy NBE-1.8:

Urban Forest. Encourage planting of street trees and
landscaping to beautify the city, encourage walking
and biking and create a stronger sense of identity.

Attachment B
Date: November 18, 2024
SUBJECT: SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001) .

Page 2 ends

Attachment B
Date: November 18, 2024
SUBJECT: SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001) .

Page 3 ends

Figure 1 – Project Location
Project
Location
Attachment B
Date: November 18, 2024
SUBJECT: SPRINGTOWNE BOTTLESHOP” STORE RELOCATION
(UP22-0007, EXC24-0006, LR24-0013 AND VAR24-0001) .

Page 4 ends

Figure 2 – Site Plan

CITY OF VALLEJO PLANNING COMMISSION

RESOLUTION NO. PC 24-11

RESOLUTION APPROVING USE PERMIT (UP22-0007), EXCEPTION (EXC24-0006), LANDSCAPE REVIEW (LR24-0013), AND VARIANCE (VAR24-0001) FOR THE RELOCATION OF AN EXISTING LIQUOR STORE KNOWN AS “SPRINGTOWNE BOTTLESHOP” FROM 2154 SPRINGS ROAD TO 2168 SPRINGS ROAD (APN: 0069-175-240)

* * * * * * * * * * * * * * * * * * * * * * * * *

RECITALS

WHEREAS, on August 29, 2017, the City Council adopted General Plan 2040; and

WHEREAS, the property which is the subject of the above-referenced proposed entitlements (Subject Property) has a General Plan 2040 land use designation of Neighborhood Corridor; and

WHEREAS, on July 22, 2021, the City Council adopted a new Zoning Code and Zoning Map; and

WHEREAS, the Subject Property is located in the Neighborhood Mixed-Use Zoning District; and

WHEREAS, on June 28, 2022, Roberto Cortez, the applicant, on behalf of Ranjwnder Sidhu, the property owner, submitted for a Use Permit to relocate an existing liquor store. The application was deemed incomplete, as additional entitlements were required. The applicant submitted the revised project plans and applied for a Landscape Review, Exception and a Variance; and

WHEREAS, on May 29, 2024, the application was determined to be complete for processing; and

WHEREAS, on November 4, 2024, pursuant to Vallejo Municipal Code Section16.602.08(A), notice of this hearing was published in the Times Herald and mailed to all active neighborhood groups and property owners within 500 feet of the subject property and electronically mailed to the members of the Planning Commission and to the applicant; and

WHEREAS, on November 18, 2024, the City of Vallejo Planning Commission, after giving all public notices required by State law and the City of Vallejo Municipal Code, conducted a duly noticed public hearing; and

WHEREAS, the Planning Commission considered testimony and evidence, both written and oral, provided at the public hearing, as well as other documents contained in the record of proceedings relating to the project, which are maintained in the offices of the City of Vallejo Planning Division; and

WHEREAS, based on evidence received in the staff report and at the public hearing, the Planning Commission makes the following factual findings:

II. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING

Docusign Envelope ID: 7E6E2012-F8D9-4B31-A5C2-8E71C7C05653

interior alterations to an existing building that is less than 10,000 square feet in area on a site zoned for the proposed use and where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

Moreover, none of the exceptions listed in CEQA Guidelines, Section 15300.2 apply, in that:
(a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects due to unusual circumstances, (d) the project is not located near a scenic highway, (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5, and (f) the project would not adversely affect any historical resource. Therefore, no further environmental review is required.

III. FINDINGS RELEVANT TO THE APPROVAL OF THE MAJOR USE PERMIT (VMC Section 16.606.03)

The proposed project aligns with the Neighborhood Mixed- Use (NMX) Zoning District regulations outlined in VMC Table 16.301-A, which conditionally permits a liquor store. To comply with these regulations, a Major Use Permit (MJP) is required. The project al so adheres to the applicable development standards specific in Title 16 of the VMC, as proposed and subject to necessary conditions.

B. The proposed use is consistent with the general plan and any applicable specific plan or planned development and any other applicable plans.

The project site is designated as Neighborhood Corridor (NC) in the General Plan Land Use Map. The General Plan 2040 NC designation is intended to promote pedestrian ‐
oriented neighborhood "main streets" with an emphasis on shops and services catering to the daily needs of local residents. The project is consistent with the NC land use designation in that it includes the continuation of an existing liquor store that serves existing residents in the area. The proposed relocation of the existing liquor store, would beautify an underutilized site with new landscaping, maintaining an existing business in the City.

Additionally, the project is consistent with applicable General Plan 2040 policies and actions, such as Policy CP-1.11: Responsible Alcohol Sales, Policy EET-3.2: Local Business Retention, and Policy NBE-1.8 Urban Forest.

C. The subject parcel is physically suitable for the type of land use being proposed.

The subject parcel is physically suitable for the proposed use and will incorporate a reconfigured off-street parking, new landscaping and a new trash enclosure.

Docusign Envelope ID: 7E6E2012-F8D9-4B31-A5C2-8E71C7C05653

The physical location of the proposed project on an underutilized site will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

G. The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

IV. FINDINGS RELEVANT TO THE APPROVAL OF AN EXCEPTION (VMC Section

16.608.05)

The exception to reduce the amount of required landscaping from 2,783 square feet to 2,087 square feet (a 15.4 percent reduction), is necessary due to the physical constraints of the Subject P roperty. Without the reduction, there will not be adequate space for a vehicle aisle along the north property line, nor will there be adequate space for vehicles to pull out of the parking spaces.

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There are no alternatives to the requested exception that could provide equivalent benefit to the applicant with less potential detriment to surrounding owners and occupants or the general public. The exception to reduce the required landscaping will not cause any detriment to the subject site or surrounding owners and occupants.

i. That the subject housing or property will be used by an individual or organization entitled to protection;
ii. If the request for accommodation is to provide fair access to housing, that the request is necessary to make specific housing available to an individual protected under state or federal law;
iii. That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and
iv. That denial of the requested exception would impose a substantial burden on religious exercise or would conflict with any state or federal statute requiring reasonable accommodation to provide access to housing

Not applicable; the requested exception is not for reasonable accommodation.

E. The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

Following a review of the project, staff recommends finding that it is exempt from the requirements of the California Environmental Quality Act (CEQA). Under CEQA, the State has identified classes of projects which have been determined to not have a signi ficant impact on the environment and are therefore exempt from the requirements of CEQA.

Docusign Envelope ID: 7E6E2012-F8D9-4B31-A5C2-8E71C7C05653

On November 4 2024, pursuant to VMC Section 16.602.08, a notice of this hearing was published in the Times Herald, mailed to all active neighborhood groups, all property owners within 500 feet of the subject property, and any other interested parties and local agencies expected to provide water, wastewater treatment, and/or other essential facilities or services to the project, as well as to members of the Planning Commission, the applicant and property owner.

V. FINDINGS RELEVANT TO THE APPROVAL OF A VARIANCE (VMC Section 16.607.03)

The requested variance to eliminate a requirement for install ation of the six-foot solid wall along the north property line, adjacent to the residential zoning district, is necessary due to the existing five- foot reserved easement along the north property line. The existing easement will prevent the installation of footings that would be necessary to safely and appropriately construct a solid six -foot wall. The existing wooden six -foot fence will remain and new landscaping will be installed to create additional buffer between the subject site and the adjacent residences to the north.

The requested variance to eliminate a requirement for install ation of the solid six-foot wall is necessary due to the existing five- foot reserved easement along the north property line. The existing easement will prevent the installation of footings that would be necessary to safely and appropriately construct a solid six -foot wall.

The existing
wooden six -foot fence will remain and new landscaping will be installed to create Docusign Envelope ID: 7E6E2012-F8D9-4B31-A5C2-8E71C7C05653

additional buffer between the subject site and the adjacent residences to the north, all of which will assist the preservation and enjoyment of substantial rights posses sed by other conforming properties in the same vicinity. Further, the variance will not constitute a special privilege.

c. That the granting of the variance will not be materially detrimental to the public health, safety or welfare or will not impair an adequate supply of light and air to adjacent property;

The granting of the variance will not be materially detrimental to the public health, safety or welfare or will not impair an adequate supply of light and air to adjacent properties to the north, in that the existing wooden six -foot fence will remain and new landscaping will be installed to create additional buffer between the subject site and the adjacent residences to the north.

d. That the conditions upon which the requested variance is based would not be applicable, generally, to other property within the same zoning classification;

This condition upon the requested variance is solely based on the Subject Property and will not generally be applicable to other properties within the same zoning classifications.

e. That either the variance is so insignificant that granting it will not be incompatible with the general plan; or the potentially adverse effects of the variance on said plan, which would be avoided by denying the variance, are exceeded by the individual ha rdship which would be relieved by granting the variance; and

The granting of the variance for the waiver of a solid six -foot fence and allowing the existing six -foot wood fence to remain with new adjacent landscaping, will not be incompatible with the general plan.

f. The project has been reviewed in compliance with the California Environmental Quality Act, if applicable, and the requirements of this chapter.

Docusign Envelope ID: 7E6E2012-F8D9-4B31-A5C2-8E71C7C05653

Moreover, none of the exceptions listed in Guidelines Section 15300.2 apply, in that:
(a) the site is not located in an environmentally sensitive area, (b) there are no cumulative impacts, (c) there are no significant effects due to unusual circumstances, (d) the project is not located near a scenic highway, (e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5, and (f) the project would not adversely affect any historical resource. Therefore, no further environmental review is required.

VI. RESOLUTION APPROVING THE PROJECT

NOW, THEREFORE, LET IT BE RESOLVED that the above recitals and findings are true and correct and incorporated herein by reference.

BE IT FURTHER RESOLVED that the Planning Commission hereby determines that the project is exempt from environmental review under the California Environmental Quality Act pursuant to CEQA Guidelines, Section 15301(a) (Class 1 “Existing Facilities”) and Section 15303(c) (Class 3:
“New Construction or Conversion of Small Structures”) due to the proposal includes interior alterations to existing building less than 10,000 square feet in building floor area on a site zoned for the proposed use (not involving the use of significant amounts of hazardous substances), where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive.

BE IT FURTHER RESOLVED that the Planning Commission hereby APPROVES Use Permit (UP22-0007), Exception (EXC24-0006), Landscape Review (LR24-0013) and Variance (VAR24- 0001) for the project based on the above findings and subject to the Conditions of Approval attached to this Resolution.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Vallejo, State of California, on the 18th day of November 2024 by the following vote, to-wit:

AYES: Chair Blind, Vice-Chair Taylor, Commissioners Madeiros and Beasley-Stansberry NOES: None
ABSENT: Commissioners Douglass, Balbuena and Standafer
ABSTAIN: None

_______________________________________________________ Eric Blind, CHAIRPERSON
City of Vallejo Planning Commission

Attest:

Docusign Envelope ID: 7E6E2012-F8D9-4B31-A5C2-8E71C7C05653

_______________________________

CESAR OROZCO, SECRETARY
City of Vallejo Planning Commission

Attachment 1: Conditions of Approval

Docusign Envelope ID: 7E6E2012-F8D9-4B31-A5C2-8E71C7C05653

Planning Commission Resolution
Exhibit A

CONDITIONS OF APPROVAL

USE PERMIT (UP22-0007)
EXCEPTION (EXC24-0006)
LANDSCAPE REVIEW (LR24-0013)
VARIANCE (VAR24-0001)
2168 SPRINGS ROAD
(APN: 0069-175-240)

PERMIT DESCRIPTION:

A. PLANNING DIVISION
Staff contact: Cesar Orozco, Planning Manager
[email protected] | 707.648.5436

Pre-Building Permit

2. Prior to building permit issuance, obtain a Temporary Use Permit from the Planning Division for any temporary office or construction trailer, as necessary.

D
uring Construction

5. Construction activities shall be managed in compliance with the following requirements, as applicable:

a. Site Watering. During the construction of a project, all portions of the site shall be watered as necessary to reduce emissions of dust and other particulate matter, and all stockpiles shall be covered.
b. Maintenance. Streets and sidewalks shall be made dirt free at the completion of construction.
c. Noise. All construction and transport equipment shall be muffled in accordance with state and federal laws.
d. Emissions. Construction and transport equipment shall be operated so as to minimize exhaust emissions. During construction, trucks and equipment should be running only when necessary.

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2 e. Hours of Operation. Grading and pile driving operations within ¼ mile of residential units shall be limited to between 8:00 am and 5:00 p.m. on weekdays to ensure compliance with the requirements for construction activity in Subsection 16.502.12.D.1., Maximum Noise Level for Temporary Construction Activity, or as otherwise restricted as part of an approval. f. Water Run-off. All water run-off from construction sites shall be controlled. During construction, trucks and equipment should be running only when necessary, and shall comply with Chapter 12.41 of the Vallejo Municipal Code.

16.502.09 (C))

Pre-Operation

11. Prior to operation/final building inspection, new American Disabilities Act (ADA) improvements shall be installed including a new ADA compliant access path from the public right -of-way to the convenience store, as well as an ADA compliant restroom and a new ADA compliant parking stall.

12. Prior to occupancy/final building inspection, the existing nonconforming sign shall be removed.

13. Prior to occupancy, the existing “Springtowne Bottleshop” liquor store located at 2154 Springs Road shall be permanently closed.

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3 14. Prior to occupancy/final building inspection, the site shall be inspected by the Planning Division.

Operation

15. The operator of the use shall prevent loitering or other activity in the parking lot that would be a nuisance to adjacent uses and/or residential neighborhoods.

17. Notices shall be prominently displayed that prohibit loitering and littering and request patrons to not disturb neighbors or block driveways;

19. The following signs shall be prominently displayed in a readily visible manner:

a. "California State Law prohibits the sale of alcoholic beverages to persons under twenty - one years of age";
b. "No loitering or public drinking"; and
c. "It is illegal to possess an open container of alcohol in the vicinity of this establishment".

21. The hours of operation shall be between 8 a.m. to 12:00 a.m., seven days a week. Any future requested changes to the hours of operation shall be reviewed by the City of Vallejo Planning Division.

Landscaping

Docusign Envelope ID: 7E6E2012-F8D9-4B31-A5C2-8E71C7C05653

4 b. The trimming of vegetation as necessary to maintain the effective functioning of solar energy facilities and passive solar design features installed both on site and on adjacent properties.
c. The trimming of vegetation as necessary to keep pedestrian and bicycle paths clear. (VMC Section 16.504.08 (A))

23. Litter shall be removed from all landscaped areas in a timely fashion. (VMC Section 16.504.08 (B))

25. Landscaping maintenance shall include:
d. Pruning, cultivating, weeding, fertilizing, replacement of plants, and watering on a regular basis.
e. Pruning or removal of overgrown vegetation, cultivated or uncultivated, that may harbor rats, vermin, or other nuisances, or otherwise be detrimental to neighboring properties. f. The removal of dead, decayed, diseased, or hazardous trees, weeds and debris that create an unsightly appearance and may be dangerous to public safety and welfare or detrimental to neighboring properties or property values. Compliance shall be by removal, replacement, or maintenance.
g. Landscaping (trees, shrubs, ground cover, turf, etc.) which, due to accident, damage, disease, lack of maintenance, or other cause, fails to show a healthy appearance and growth, shall be replaced. Replacement plants shall conform to all standards that gov ern the original planting installation, approved landscaping plan, or as approved by the Director. (VMC Section 16.504.08 (D))

Fences and Screening

26. Maintenance. Fencing on site shall be continuously maintained with no sign of rust or disrepair.

Graffiti shall be removed within forty-eight hours. (VMC Section 16.505.02 (B)).

Lighting

5 (unwanted light on adjacent lots and public rights-of-way), and light pollution to the maximum extent feasible. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the Director. (VMC Section 16.506.04 (B))

29. Timing. All outdoor lighting in non- residential zoning districts shall be turned off during daylight hours and during any hours when the building is not in use and the lighting is not required for security. Time clocks or photo- sensor systems may be required as a condition of approval of a discretionary permit. (VMC Section 16.506.04 (D))

Signs

30. No signs be installed until the applicant receives Zoning Compliance Review approval by City of Vallejo Planning Division.

General Requirements

34. This project approval shall automatically expire within two years of the effective date (November 18, 2026; if approved), unless exercised or extended.

6 38. For new developments, utilities including, but not limited to, all electrical, telephone, cable television, fiber-optic cable, gas, water, sewer, irrigation/recycled water, and similar distribution lines providing direct service to a project shall be installed underground within the site. This requirement may be waived by the D irector upon determining that underground installation is infeasible, or the electrical line is otherwise exempt from an under-grounding requirement. (VMC Section 16.501.10)

39. A pplicant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, applicant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Applicant’s operations, or any subcontractor’s operations, to be performed under this agreement for Applicant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Applicant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City. No modification of the project, any application, permit, certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in pr ocessing methods shall alter the Applicant’s indemnity obligation.

B. BUILDING DIVISION
Staff Contact: Bill Collins, CBO, CASp, CFM - Chief Building Official [email protected] | 707.648.4387

2. 2022 California Code of Regulations applies if permit application(s) are received before the end of 2025. After 12-31-2025 the 2025 California Code of Regulations will apply.

3. Accessibility required per CBC 11B and 2010 ADA.

C. PUBLIC WORKS
Staff Contact: James Paluck, Consulting Senior Engineer [email protected] | 707.554.5902

1. PUBLIC IMPROVEMENT STANDARDS. All public improvements shall be designed to City of Vallejo standards and to accepted engineering design standards. The City Engineer has all such standards on file and the Engineer's decision shall be final regarding the specific standards that shall apply. (COV, Regulations & Standard Specifications, 2011).

2. IMPROVEMENT PLANS. Prior to building permit submittals, submit three sets of plans to the Department of Public Works for plan check review and approval. (Improvement or civil plans are to be prepared by a licensed civil engineer.) Plans are to include, but may not be limited to, grading and erosion control plans, improvement plans, joint trench utility, street light plans, and landscaping, irrigation and fencing plans and all supporting documentation, calculations and pertinent reports. (COV, Regulations & Standard Specifications, 2011, Section 1.1.7–A).

3. LINE OF SIGHT CRITERION. In design of grading and landscaping, line of sight distance shall be provided based on Caltrans standards. Installation of fencing, signage, above ground utility boxes, Docusign Envelope ID: 7E6E2012-F8D9-4B31-A5C2-8E71C7C05653

7 etc. shall not block the line of sight of traffic and must be set back as necessary. (VMC Chapter

10.14).

4. DUST AND EROSION CONTROL. All dust and erosion control shall be in conformance with City standards and ordinances. (VMC Chapters 12.40.050 & 12.40.070).

5. COMPACTION TESTS. Prior to building permit issuance or acceptance of grading, compaction test results and certification letter from the project soils engineer and civil engineer confirming that the grading is in conformance with the approved plans must be submitted to the Department of Public Works for review and approval. Test values must meet minimum relative compaction recommended by the soils engineer (usually at least 90 percent). (COV, Regulations & Standard Specifications, 2011, Section 2.4.1).

6. DRIVEWAY STANDARDS. Entrances to any private project must be standard driveway approaches unless deviation is permitted by the City Engineer. (VMC, Chapter 10.04.260). Prior to start of construction of sidewalk or driveway, applicant to obtain a sidewalk permit.

7. STREET EXCAVATION PERMIT. Obtain a street excavation permit from the Department of Public Works prior to performing any work within City streets or rights-of-way, or prior to any cutting and restoration work in existing public streets for utility trenches. All work shall conform to City standards. (VMC Chapter 10.08).

8. ENCROACHMENT PERMIT. Prior to building permit issuance, obtain an encroachment permit from the Department of Public Works for all work proposed within the public right-of-way. (VMC Chapter

10.16).

9. TRAFFIC CONTROL PLAN. Prior to start of construction; submit a traffic control plan to the Department of Public Works for review and approval. (CA MUTCD).

10. COORDINATION OF CONSTRUCTION INSPECTION. Construction inspection shall be coordinated with the Department of Public Works and no construction shall deviate from the approved plans. (COV, Regulation & Standard Specification Sections 1.1.4 & 1.1.5).

11. PLAN CHANGES. The project design engineer shall be responsible for the project plans. If plan deviations are necessary, the project engineer must first prepare a revised plan or details of the proposed change for review by the Department of Public Works and, when applicable, by Vallejo Flood and Wastewater District. Changes shall be made in the field only after approval by the City.

At the completion of the project, the design engineer must prepare and sign the "as built" plans. (COV, Regulation & Standard Specification Section 1.1.9).

12. BONDS AND FEES. Prior to approval of construction plans, provide bonds and pay applicable fees.

Bonding shall be provided to the City in the form of a "Performance Surety" and a separate "Labor and Materials Surety" in amounts stipulated by City ordinance. (VMC, Section 15.12.090)

13. INSTALL IMPROVEMENTS. Prior to occupancy/final building inspection, install the improvements required by the Department of Public Works including but not limited to streets and utilities.

14. SIDEWALK REPAIR. Prior to occupancy/final building inspection, remove and replace any broken curb, gutter, sidewalk or driveway approach as directed in the field by the City Engineer. (VMC, Section 10.04).

8 case, it could take at least 90 days for FEMA to process a complete CLOMR, CLOMR-F, LOMR, or LOMR-F application. Applicants are encouraged to submit their requests using the Online Letter of Map Change (LOMC) tool. Please visit the FEMA website at https://www.fema.gov/glossary/conditional-letter-map-revision-clomr. For hardcopy (paper) submittals, the completed application package should be submitted to: LOMC CLEARINGHOUSE, 3601 EISENHOWER AVENUE, SUITE 500, ALEXANDRIA, VA 22304-6426. (VMC Chapter 7.98 - Flood Damage Protection).

16. STREET TREES. Prior to release for occupancy, plant required street trees in accordance with City Municipal Code. The list of approved trees is available in the office of the Public Works Director.

17. JOINT TRENCH. The developer shall provide joint trench plans for the underground electrical, gas, telephone, cable television and communications conduits and cables including the size, location and details of all trenches, location of all building utility service stubs and meters and placement or arrangements of junction structures as a part of the Improvement Plans submitted for the project.

The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. (VMC Chapters 15.06.160 & 15.06.170).

18. SIGNAL INTERCONNECT CABLES. There may be fiber optic and /or copper signal inter connect cables located at the edge of the roadway or under the sidewalk. The plans should address either the relocation of these cables or a note should be made of the cable location. A warning should be included on the plans stating that if the cable damaged, the entire length of the cable between the two nearest hubs will be will be replaced by the contractor unless otherwise authorized by the City Engineer.

19. ADA COMPLIANCE WITHIN CITY ROW. In order to ensure ADA compliance within any and all City ROW, ADA compliance will be addressed in accordance to the state government and federal codes.

20. STORMWATER CONTROL PLAN AND C.3 REQUIREMENTS.

Stormwater Control Plan and C.3 Requirements. Applicant shall provide the following and obtain approval prior to issuance of grading permit:

a. Submit a Stormwater Control Plan (SWCP) prepared in accordance with the current C.3 Guidebook for review and approval by Engineering Services prior to issuance of any permit.

b. Prior to issuance of permits for building, site improvements, or landscaping, applicant shall submit a permit application consistent with the applicant’s approved Stormwater Control Plan (SWCP), and include drawings and specifications necessary for construction of site design features, measures to limit directly connected impervious area, pervious pavements, self- retaining areas, treatment BMP's, permanent source control BMP’s, and other features that control stormwater flow and potential stormwater pollutants. The permit application shall include a completed “Stormwater Control Plan Checklist” as described in the C.3 Guidebook, and a detailed draft Stormwater BMP Operation and Maintenance Plan consistent with the Docusign Envelope ID: 7E6E2012-F8D9-4B31-A5C2-8E71C7C05653

9 general O&M plan included in the applicant’s approved Stormwater Control Plan. Guidelines for the preparation of Stormwater BMP Operation and Maintenance Plans are in Chapter 6 of the C.3 Guidebook. (ENGR)

c. Construct stormwater treatment measures per the approved SWCP prior to occupancy approval. (ENGR)

d. Submit a final Stormwater BMP Operation and Maintenance Plan (O&M Plan) in accordance with City of Vallejo Guidelines, for review and approval by Engineering Services, prior to occupancy approval. This O&M Plan shall incorporate City comments on the draft O&M Plan and any revisions resulting from changes made during construction. The implementation of the O&M Plan shall be the responsibility of each property owner concurrently and individually or through a recorded joint maintenance agreement where one exists or through a Business Owners Association (BOA). (ENGR)
e. Execute and record any agreements identified in the SWCP which pertain to the transfer of ownership, right-of-entry for inspection or abatement, and/or long-term maintenance of stormwater treatment or hydrograph modification BMPs, prior to occupancy approval. (ENGR)

a. A Business Owners Association (BOA) shall be formed and shall be responsible in perpetuity, for the maintenance, repair, and replacement of all permanent stormwater management facilities included in the approved Stormwater Control Plan and the approved Stormwater Control Operations and Maintenance Plan.

b. Contain a statement that in the event these areas or facilities are not properly maintained, repaired or replaced according to the approved plans, each property owner shall be responsible for their proportionate share of these costs, secured by a lien on the property in favor of the BOA, in accordance with the BOA procedures.

c. Provide reciprocal easements over all parcels for maintenance purposes.

d. The BOA shall be responsible for enforcing the CC&Rs and providing written notice of any violation to the property owners.

e. The BOA shall provide the Planning Division with the name, address and phone number of the current HOA representative.

D. Fire Prevention
Staff Contact: Vincent Sproete, Fire Prevention Manager [email protected] | 707.648.4566

10 and legible from the street or road fronting the property. Said numbers shall clearly contrast with their background. The characters shall be a minimum of 4" high (6" for Commercial) with a 1/2" stroke. The size of the building and distance or location of the address numbers from the roadway may necessitate larger numbers.

4. If the Tenant Improvements require modification of an automatic fire sprinkler system, a permit is required from the Fire Department prior to any such work being completed.

5. If applicable, modifications to the Fire Alarm system require a permit from the Fire Department prior to the work being completed.

10. Provide an approved exit sign over all required exit doors.

11. Emergency exit lighting shall be provided at or near all exits and as designated by the Fire Marshal.

Due prior to final inspection.

12. All emergency lighting, exit sign lights shall have two separate sources of power as required by the California Building Code.

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11 14. Maintain the width of the exit system; tables, chairs, merchandise storage systems and other devices shall not obstruct the means of egress along the path of exit travel based on the cumilative occupant load served. Maintain clear access to all exits.

15. All compressed gas cylinders shall be adequately secured to prevent falling or being knocked over.

Fasteners used to secure cylinders shall be of non-combustible material. This requirement shall be reviewed and approved by the Fire Prevention Division prior to final inspection sign-off.

16. Carbon dioxide enrichment systems that exceed 100 pounds require a separate permit from the Fire Department. CFC 5307.4

17. If the proposed trash enclosure is within 5 feet of the exisiting building, fire sprinkler coverage must be provided over the dumpster area.

18. A final inspection from the Fire Prevention Division is required prior to permit sign-off.

Docusign Envelope ID: 7E6E2012-F8D9-4B31-A5C2-8E71C7C05653 Minutes of Planning Commission Meeting
November 18, 2024

Page 1 of 4 ends

Vallejo City CouncilFebruary 25, 2025

Vallejo City Council
February 25, 2025