AGENDA
CITY OF WATSONVILLE
SPECIAL CITY COUNCIL MEETING
Working with our community to create positive impact through service with heart.
Values: Teamwork, Integrity, Honesty, Service and Respect Mayor Ari Parker, District 7
Eduardo Montesino, Mayor Pro Tempore, District 1
Vanessa Quiroz-Carter, Council Member, District 2
Lowell Hurst, Council Member, District 3
Francisco Estrada, Council Member, District 4
Rebecca J. Garcia, Council Member, District 5
Jimmy Dutra, Council Member, District 6
Rene Mendez, City Manager
Samantha W. Zutler, City Attorney
Irwin Ortiz, City Clerk
Location:
City Council Chambers
275 Main Street, Top Floor
Watsonville, CA 95076
Anyone addressing the City Council is asked to fill out a speaker card and leave it at the podium for recording purposes
IF YOU CHALLENGE ANY ACTION APPEARING ON THIS AGENDA IN
COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR
SOMEONE ELSE RAISED AT THE PUBLIC MEETING DESCRIBED ON THIS
AGENDA, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY CLERK PRIOR TO, OR AT, THE PUBLIC MEETING.
Americans with Disabilities Act
The Council Chambers is an accessible facility. If you wish to attend a meeting and you will require assistance in order to attend and/or participate, please call the City Clerk's Office at least three (3) business days in advance of the meeting to make arrangements. The City of Watsonville TDD number is (831) 763-4075.
For information regarding this agenda, please call the City Clerk's Office at (831) 768- 3040
AGENDA
CITY OF WATSONVILLE
SPECIAL CITY COUNCIL MEETING
Location:
City Council Chambers
275 Main Street, Top Floor
Watsonville, CA 95076
NOTE: Pursuant to Government Code Section 54953(b) Mayor Pro Tempore Montesino will be Participating via telephone from: CasaLuna Hotel Boutique, Quebrada 117 Col. Centro, San Miguel de Allende, GTO, Mexico, 37700
Monday, December 5, 2022, 4:30 p.m.
Pages
1. ROLL CALL
1.a MOTION TO EXCUSE ABSENT COUNCIL MEMBER(S) (If any)
1.b INTRODUCTION OF NEW EMPLOYEES & RECOGNITION OF RETIREES
2. PRESENTATIONS & ORAL COMMUNICATIONS
2.a MAYOR'S PROCLAMATION RECOGNIZING PANTHER PROTECTIVE
SERVICES
MAYOR'S PROCLAMATION RECOGNIZING PANTHER PROTECTIVE
SERVICES FOR THEIR EXCELLENT SERVICE AND WILLINGNESS TO HELP KEEP OUR COMMUNITY SAFE.
2.b MAYOR'S PROCLAMATION RECOGNIZING CRÉME DE CANNA
MAYOR'S PROCLAMATION RECOGNIZING CRÉME DE CANNA FOR
THEIR CONTRIBUTIONS TO THE COMMUNITY AND WISHING THEM
CONTINUOUS SUCCESS FOR MANY YEARS TO COME.
2.c MAYOR'S PROCLAMATION RECOGNIZING FREEDOM U-SAVE LIQUOR
MAYOR'S PROCLAMATION RECOGNIZING FREEDOM U-SAVE LIQUOR
FOR THEIR MANY CONTRIBUTIONS TO THE COMMUNITY AND THEIR SUCCESSFUL BUSINESS.
3. CONSENT AGENDA
All items appearing on the Consent Agenda are recommended actions which are considered to be routine and will be acted upon as one consensus motion. Any items removed will be considered immediately after the consensus motion. The Mayor will allow public input prior to the approval of the Consent Agenda.
PUBLIC INPUT (2 MINUTES EACH)
3.a HILLCREST ESTATES PUBLIC & ON-SITE IMPROVEMENT AGREEMENT & FINAL MAP FOR HILLCREST STAGE 1 TRACT NUMBER
1607 (Recommended by Public Works & Utilities Director Di Renzo) 4 1) RESOLUTION APPROVING PUBLIC & ON-SITE IMPROVEMENT
AGREEMENT WITH LANDCO HILLCREST, LLC., FOR THE HILLCREST ESTATES SUBDIVISION, TRACT NO. 1607 LOCATED AT 511 OHLONE PARKWAY (APNS: 018-372-14 & 018-381-01) WATSONVILLE,
CALIFORNIA, & AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE SAME
2) RESOLUTION APPROVING THE FINAL SUBDIVISION MAP FOR
HILLCREST SUBDIVISION STAGE 1, TRACT NO. 1607, LOCATED AT 511 OHLONE PARKWAY, WATSONVILLE, CALIFORNIA (APNS: 018-372-14 & 018-381-01)
3.b APPROPRIATION OF TRAFFIC IMPACT FEE FUNDING TO THE MAIN STREET & RIVERSIDE DRIVE (SR129) OPERATIONS MODIFICATION PROJECT (Recommended by Public Works & Utilities Director Di Renzo) 61 RESOLUTION APPROVING THE APPROPRIATION OF $90,909 FROM THE CITY-WIDE TRAFFIC IMPACT FEE FUND [0340] TO THE MAIN STREET AND RIVERSIDE DRIVE (SR129) OPERATIONS MODIFICATION PROJECT, BUDGET NUMBER 0340-940-7837-14323
3.c FIRST AMENDMENT TO CONSULTANT CONTRACT FOR ON-CALL
ENGINEERING DESIGN SERVICES WITH WALLACE GROUP
(Recommended by Public Works & Utilities Director Di Renzo) 65 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT WITH
WALLACE GROUP, A CORPORATION, AMENDING THE SCOPE OF WORK
AND ADDING TO THE COMPENSATION (INCREASING THE CONTRACT BY $28,500) FOR ON CALL ENGINEERING DESIGN SERVICES FOR THE CITY’S WATER MAIN REPLACEMENT PROGRAM; AND AUTHORIZING
AND DIRECTING THE CITY MANAGER TO EXECUTE SAME
4. ITEMS REMOVED FROM CONSENT AGENDA
5. PUBLIC HEARINGS, ORDINANCES, & APPEALS
5.a CONSIDERATION OF REVISIONS TO MUNICIPAL CODE RELATED TO SIGNS (Recommended by Planning Commission)
77 1) Staff Report by Associate Planner Carmona
2) City Council Clarifying & Technical Questions
3) Public Comments
4) Motion
5) City Council Deliberation on Motion
6) By Motion, Introduce for First Reading, by Title Only, Waiving the Full Reading of the Text, An Ordinance Amending Part 12 (Sign Permit) of Chapter 14-12 (Zoning Permits) of Title 14 (Zoning) of the Watsonville Municipal Code 7) By Motion, Introduce for First Reading, by Title Only, Waiving the Full Reading of the Text, An Ordinance Repealing Chapter 6 (Signs) of Title 8
(Building Regulations) in its Entirety and Adding a New Chapter 14-21 (Signs) of Title 14 (Zoning) of the Watsonville Municipal Code
8) By Motion, Introduce for First Reading, by Title Only, Waiving the Full Reading of the Text, An Ordinance Amending Section 14-40.060 (Clear Corner Triangles) of Chapter 14-40 (General Provisions, Exceptions, and Modifications) of Title 14 (Zoning) of the Watsonville Municipal Code
6. ADJOURNMENT
This agenda was posted in accordance with the California Brown Act. The agenda packet can be accessed on the City of Watsonville website at https://www.cityofwatsonville.org/2123/City-Council-Agendas-Minutes and available for public inspection in the City Clerk’s Office (275 Main Street, 4th Floor) during normal business hours). Any materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet will be made available to the public in accordance with Government Section 54957.5.
12/1/2022 8:14:12 PM
C:\Program Files\eSCRIBE\TEMP\2014882001\2014882001,,,Hillcrest Estates Subdivision Stage 1.docx Agenda Report
MEETING DATE: Meeting Date
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR DI RENZO
MURRAY FONTES, ASSISTANT DIRECTOR OF PUBLIC WORKS &
UTILITIES/CITY ENGINEER
DAVID CANEER, PRINCIPAL ENGINEER
THROUGH: CITY MANAGER MENDEZ
SUBJECT: APPROVAL OF PUBLIC AND ON-SITE IMPROVEMENT
AGREEMENT AND FINAL MAP FOR HILLCREST STAGE 1
TRACT NUMBER 1607
RECOMMENDED ACTION:
Staff recommends City Council adopt resolutions approving:
1) Public and On-Site Improvement Agreement; and
2) Final Map for the Hillcrest Stage 1 Tract Number 1607 BACKGROUND:
On June 15, 2017 an application for a Major Subdivision (Tentative Map) to allow construction of 150 dwelling units on individual parcels on a 13± acre site located at 511 Ohlone Parkway, Watsonville, California, was filed by California Sunshine Development LLC, applicant. At its August 28, 2018 meeting, City Council adopted Resolution No. 141- 18 (CM) approving a Tentative Map for Tract No. 1607.
At its August 25, 2020 meeting, City Council adopted Resolution No. 161-20 (CM) approving a two-year time extension of the Tentative Map.
At its July 6, 2021 meeting, City Council adopted Resolution No. 210-21 (CM) approving a First Amended Tentative Map for the Hillcrest Estates Subdivision. The amended Tentative Map included 144 lots with 5 single-family detached units, 60 duplex townhouse units and 76 row townhouse units.
At its May 10, 2022 meeting, City Council adopted Ordinance No. 1431-22 (CM) approving a Development Agreement between Hillcrest Watsonville, LLC and the City.
12/1/2022 8:14:12 PM
C:\Program Files\eSCRIBE\TEMP\2014882001\2014882001,,,Hillcrest Estates Subdivision Stage 1.docx DISCUSSION:
Landco Hillcrest, LLC prepared and submitted a Final Map and Public and On-Site Improvement Agreement for approval for Hillcrest Stage 1 Tract 1607. Stage 1 develops 30 lots. The Improvement Agreement provides for constructing the City Engineer-approved infrastructure improvements such as grading, drainage, and utilities within one year of agreement approval and provides financial guarantees to complete the work in the event of default.
ENVIRONMENTAL ANALYSIS:
This action implements the approvals analyzed and considered by the Sunshine Vista Environmental Impact Report and its associated Addendums (State Clearinghouse Number:
2017032041). Any potentially significant effects have been adequately analyzed and have been avoided or mitigated pursuant to that earlier EIR and Addendums, including revisions or mitigation measures that are imposed upon the proposed project. In addition, none of the conditions described in California Code of Regulations, Section 15162, exist. Therefore, no further action is required under the California Environmental Quality Act (CEQA).
STRATEGIC PLAN:
This project is consistent with Strategic Plan Priority:
1 - Housing
3 - Infrastructure & Environment
FINANCIAL IMPACT:
The project will pay the fees identified in the Improvement Agreement, which include fees for reviewing the Improvement Plans, processing the Improvement Agreement, reviewing and processing the Final Map as well as utility connection fees and impact fees.
ALTERNATIVE ACTION:
Not approving the Improvement Agreement and/or the Final Map is inconsistent with City Council’s previous approval of the Amended Tentative Map and would violate provisions of the State Map Act.
ATTACHMENTS AND/OR REFERENCES (If any):
None.
1 Reso No. (CM)
Meeting Date: 120522
RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING PUBLIC AND ON-SITE IMPROVEMENT
AGREEMENT WITH DEVELOPER BETWEEN THE CITY OF
WATSONVILLE AND LANDCO HILLCREST, LLC., FOR THE
HILLCREST ESTATES SUBDIVISION, TRACT NO. 1607 LOCATED AT 511 OHLONE PARKWAY (APNS: 018-372-14 AND 018-381-01)
WATSONVILLE, CALIFORNIA, AND AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE SAME
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. That the Public and On-Site Improvement Agreement with Developer between the City of Watsonville and Landco Hillcrest, LLC., for the Hillcrest Estates Subdivision, Tract No. 1607, located at 511 Ohlone Parkway (APNS: 018-372-14 and 018-381-01), Watsonville, California, and the Fee Sheet, copies of which are attached hereto and incorporated herein by this reference, are fair and equitable subject to the conditions herein
2. Except as provided herein, the Agreement and Fee Sheet are hereby ratified and approved.
3. The City Attorney is directed to review the Agreement and Fee Sheet to verify the Agreement is properly executed and dated by an authorized Landco Hillcrest, LLC representative before releasing the Agreement and Fee Sheet to the City Manager for execution
4. Upon approval by the City Attorney, the City Manager is hereby authorized and directed to execute the Agreement and Fee Sheet for and on behalf of the City of Watsonville.
********************************
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CITY OF WATSONVILLE
IMPROVEMENT AGREEMENT FOR TRACT NUMBER 1607,
HILLCREST, STAGE 1, IMPROVEMENTS
WITH DEVELOPER
THIS IMPROVEMENT AGREEMENT (“Agreement”), is made and entered as of _________________, 2022, by and between the CITY OF WATSONVILLE, a municipal corporation, herein called "City,” and LANDCO HILLCREST, LLC, a California limited liability company, herein called "Developer.”
RECITALS
WHEREAS, Developer has filed with the City certain improvement plans for Stage One of the Hillcrest Subdivision herein called "Project,” which improvement plans are designated “Stage 1 Improvement Plans For Hillcrest 511 Ohlone Parkway Watsonville, California 95076”, APNs 018-372-14 and 018-381-01, prepared by RAMSEY CIVIL ENGINEERING INC, dated May 10, 2022 and revised November 3, 2022 (the “Stage One Improvement Plans”); and WHEREAS, on August 28, 2018, the City Council of the City of Watsonville approved the development of Tract 1607 located in the City of Watsonville, consisting of the construction of 150 dwelling units on individual parcels on a 13± acre site located at 511 Ohlone Parkway, Watsonville, California (APNs 018-372-14 & 018-381-01); WHEREAS, on July 6, 2021, the City Council of the City of Watsonville adopted Resolution No. 210-21 (CM) approving a First Amended Tentative Map for Tract No. 1607, Resolution No. 211-21 (CM) approving a Major Modification to the Special Use Permit with Design Review & Specific Development Plan for Application No. PP2017-116, and Resolution No. 212-21 (CM) approving Addendum No. 2 to the Previously Certified Final EIR (PP2016- 199), (together, “Project Approvals”), reducing the number of dwelling units from 150 to 144, to allow for the construction of Project subject to Developer complying with certain conditions set forth therein; and
WHEREAS, on April 26, 2022, the City Council of the City of Watsonville approved a development agreement to allow for the construction of Project to be completed in 5 phases extending to 2026;
WHEREAS, certain work and improvements required by Title 13 of the Watsonville Municipal Code have not been completed, to wit: the work and improvements required as conditions for approval of this Project, including, street improvements, utilities, and site landscaping improvements (including common use areas and other site features) (the “Stage One Improvements”) all to be built or completed in accordance with Stage One Improvement Plans on file with, and approved by the City Engineer; and
WHEREAS, the approval of the Stage One Improvement Plans and the Project final map are conditioned upon the execution by Developer of this Agreement; and WHEREAS, Developer hereby proposes to enter into this Agreement with City, by the terms of which Agreement Developer agrees to have the Stage One Improvements described above completed on or before ONE (1) year from the date of execution of this Agreement.
Developer may apply to the City Engineer for an extension for reasonable cause.
T:\WPWIN60\PROJECTS\CAL SUNSHINE DEV. WATSONVILLE\Improvement Agreement for PHASE 1-STAGE 1-11.04.22rev per CAOFINAL.DMV.docx NOW, THEREFORE, in consideration of the premises and the mutual promises and covenants of the parties hereto, it is agreed as follows:
1. CONSTRUCTION OF IMPROVEMENTS. Developer shall do all necessary work and construct the Stage One Improvements, and complete such work and improvements in accordance with the provisions of the conditions of the Project Approvals. All Stage One Improvements shall be completed on or before one year from the date of the execution of this Agreement unless a written extension has been granted by the City.
2. PERFORMANCE OF WORK: PLANS AND SPECIFICATIONS. Developer shall construct, install and furnish at Developer's expense, in a good and workmanlike manner, all Stage One Improvements according to City improvement standards, to fulfill all requirements of Title 13 of the Watsonville Municipal Code, and all requirements of the soils engineer. All such improvements must be completed within one (1) year from the date of this Agreement. Developer shall do all work and furnish all materials necessary to complete the Stage One Improvement Plans and specifications on file as required by City improvements standards and with any changes required or ordered by the City which are necessary or required to complete the work. All work and improvements shall be completed under the direction of and subject to the satisfaction of the City Engineer.
3. EROSION CONTROL. Developer will take all necessary actions during the course of construction to prevent erosion damage to adjacent properties during inclement weather. It is understood and agreed that in the event of failure on the part of Developer to prevent erosion, City may do the work on an emergency basis and back-charge the Developer for the actual expenses incurred, or, if necessary, proceed against the Faithful Performance Security to cover City's expenses.
4. PAYMENT OF DEVELOPMENT FEES AND CHARGES. Bonds, deposits or other financial guarantees listed in Numbers five through seven of this Agreement are required and must be deposited with the City fourteen (14) days prior to the City Council meeting at which this Agreement will be heard.
5. FAITHFUL PERFORMANCE AND LABOR AND MATERIALS SECURITIES. (A) FAITHFUL PERFORMANCE GUARANTEE. Developer shall submit with this Agreement a Faithful Performance Bond issued by a bonding company with a Standard and Poor’s rating of AAA, in the amount of THREE MILLION EIGHT HUNDRED FIFTEEN THOUSAND FOUR HUNDRED FIVE AND 63/100 DOLLARS
($3,815,405.63) which is 100% of the total estimated cost of the Stage One Improvements calculated as follows:
Improvement Cost - $3,815,405.63
Bond Amount – 100% $3,815,405.63
-ANDPage 8 of 133 Page 2 of 19
T:\WPWIN60\PROJECTS\CAL SUNSHINE DEV. WATSONVILLE\Improvement Agreement for PHASE 1-STAGE 1-11.04.22rev per CAOFINAL.DMV.docx (B) LABOR AND MATERIALS (PAYMENT) GUARANTEE. A Labor and Materials (Payment) Bond issued by a bonding company with a Standard and Poor’s rating of AAA, in the amount of THREE MILLION EIGHT HUNDRED FIFTEEN THOUSAND FOUR HUNDRED FIVE AND 63/100 DOLLARS ($3,815,405.63), which is 100% of the total estimated cost of the Stage One Improvements calculated as follows:
Improvement Cost - $3,815,405.63
Bond Amount – 100% $3,815,405.63
Performance and labor and materials bonds shall be released upon acceptance of such improvements by City Council.
6. DEFECTIVE MATERIALS AND WORKMANSHIP (WARRANTY) BOND.
Developer shall submit with this Agreement a bond issued by a bonding company with a Standard and Poor’s rating of AAA, in the amount of THREE HUNDRED EIGHTY ONE THOUSAND FIVE HUNDRED FORTY AND 56/100 DOLLARS ($381,540.56) which is ten percent (10%) of the contract amount to secure the improvements for a period of one (1) year following completion and acceptance by the City Council against any defective work or labor done, or materials furnished.
Improvement Cost - $3,815,405.63
Fund Amount - 10% $ 381,540.56
NO OTHER IMPROVEMENT SECURITY SHALL BE ACCEPTABLE. The security shall provide that within a period of one (1) year after final acceptance of the work performed under this Agreement any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Developer, or any of the work done under this Agreement fails to fulfill any of the requirements of the specifications referred to herein, Developer shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. The city is hereby authorized to make such repairs if within ten (10) days after the mailing of notice in writing to Developer or its agent, Developer shall neglect to make or undertake with due diligence the aforesaid repairs, replacements or reconstruction; provided, however, that in case of an emergency where in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to Developer and Developer shall pay the costs thereof.
7. MONUMENT DEPOSIT. Developer shall provide a bond issued by a bonding company with a Standard and Poor’s rating of AAA to guarantee completion of subdivision survey and monumentation of the lot and boundaries in the amount of SIXTEEN THOUSAND AND 00/100 DOLLARS ($16,000) which is ONE HUNDRED PERCENT (100%) of the developers engineering and land surveyor’s contract amount to secure performance, or a letter from Developer’s engineer or land surveyor confirming that the land surveyor has been paid for setting all required monuments for the subdivision and will establish all monumentation as required upon request from the Developer or the city.
Land surveyors estimate: $16,000
Bond amount: $16,000
T:\WPWIN60\PROJECTS\CAL SUNSHINE DEV. WATSONVILLE\Improvement Agreement for PHASE 1-STAGE 1-11.04.22rev per CAOFINAL.DMV.docx NO OTHER IMPROVEMENT SECURITY SHALL BE ACCEPTABLE. Monuments shall be set in place and be of such kind and quality as may be required by the City Engineer. Refund of all or part of the deposit shall be conditioned upon satisfactory compliance with City requirements which includes receipt by the City of a letter from the Developer’s engineer and or land surveyor confirming the monuments have been placed and the engineer or land surveyor has been paid for setting of the monuments.
8. CLEAN UP DEPOSIT (FUND TO CLEAR PUBLIC STREETS). Developer shall deposit in the amount of THIRTY EIGHT THOUSAND ONE HUNDRED FIFTY FOUR AND 05/100 Dollars ($38,154.05) to the City, which is one percent (1%) of the contract amount to secure clean-up work. No other form of security will be accepted for this deposit.
Improvement Cost - $ 3,815,405.63
Deposit amount - 1% $ 38,154.05
NO OTHER IMPROVEMENT SECURITY SHALL BE ACCEPTABLE. The security shall provide that it shall be the duty of the Developer, or its contractors and agents, to maintain all public streets in and about the Project free and clear of all debris, dirt, mud or other construction material during the course of construction. The existence of any such debris, dirt, mud or other construction material is hereby declared and acknowledged to be a public nuisance. The city is hereby authorized to use such cash sums if within three (3) days after the mailing of notice in writing to Developer or its contractors or agents, the Developer or its contractors or agents fail to clear or remove such debris, dirt or other construction material from the public streets as directed by the City Engineer; provided, however, that in case of an emergency where, in the opinion of City, delay may cause serious injury to the public interest, City may clear and remove such material without notice to Developer, utilizing the funds described herein. The remaining deposit as herein provided shall be refunded to Developer upon acceptance of the improvements by the City Council.
9. HOLD HARMLESS. Developer shall defend, indemnify and hold City, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability or damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Developer or Developer's contractors, subcontractors, agents or employees' operations under this Agreement, whether such operations are by Developer of by any of Developer's contractors, or by any one or more persons directly or indirectly employed by or acting as agent for Developer or any of Developer's contractors or subcontractors. Developer shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations; provided as follows:
(A) That City does not and shall not waive any rights against Developer which it may have by reason of the hold harmless agreement, because of the acceptance by City or the deposit with City by Developer, or any of the insurance policies described herein.
(B) That the hold harmless agreement by Developer shall apply to all damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in Number 9 of this Agreement, regardless of whether or not the City has prepared, supplied or approved plans and/or specifications for the project, or regardless of
T:\WPWIN60\PROJECTS\CAL SUNSHINE DEV. WATSONVILLE\Improvement Agreement for PHASE 1-STAGE 1-11.04.22rev per CAOFINAL.DMV.docx whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damage.
10. INSURANCE. Prior to issuance of an On/Off Site Permit for the work described within this Improvement Agreement, Developer and any contractor doing work shall provide Certificates of Insurance and Endorsements as satisfactory evidence of the insurance required, and evidence that each carrier is required to give City at least thirty (30) days prior notice of cancellation or reduction in coverage of any policy during the effective period of this Agreement, and any extension thereto. All insurance certificates are to be originals, showing policy numbers, expiration dates, and local underwriters' name and address. No binders, riders, or carbon copies will be accepted.
REDUCED, CANCELED, OR EXPIRED INSURANCE. Polices reduced, canceled or expired without written approval of City shall be immediately reinstated in the amounts required, by this Agreement as of the date of reduction or cancellation. Failure to comply with this requirement may result in the termination by the City of all work on the Project. All policies shall remain in force for sixty (60) days after the City accepts the project as complete. Developer and any contractor shall not perform work under this Agreement unless they have provided all insurance required under this paragraph in satisfactory form, nor shall they allow any contractor or subcontractors unless all insurance required of the contractor or subcontractor to perform work on contracts is in full force and effect.
INSURANCE REQUIREMENTS.
(A) PUBLIC LIABILITY & PROPERTY DAMAGE INSURANCE. Developer and any contractor shall take out and maintain during the life of this Agreement such Public Liability and Property Damage Insurance, by an insurer acceptable to the City, that shall name and insure City, its elective and appointive boards, commissions, officers, agents and employees, Developer and any contractor or subcontractor performing work covered by this Agreement from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Developer's or any contractors' or subcontractors' operations hereunder, whether such operations are by Developer or any contractor or subcontractor, and the amounts of such insurance shall be as follows:
(A.1.) COMMERCIAL GENERAL LIABILITY INSURANCE. Developer and any contractor shall provide bodily injury liability limits of not less than Five Hundred Thousand and no/100 Dollars ($500,000.00) for each person and Five Hundred Thousand and no/100 Dollars ($500,000.00) for each accident or occurrence, and property damage liability limits of not less than Five Hundred Thousand and no/100 Dollars ($500,000.00) for claims which may arise from the operations of the Developer in the performance of the work hereunder provided, OR combined single limits of Five Hundred Thousand and no/100 Dollars ($500,000.00) therefore. This insurance must include coverage for contractual liability assumed by the Developer pursuant to Section 9 of this Agreement.
Said policy shall contain a standard form of cross liability endorsement policy, that insures the City, its elective and appointive boards, commissions, officers, agents and employees, Developer, and any contractor or subcontractor performing work covered by this Agreement.
T:\WPWIN60\PROJECTS\CAL SUNSHINE DEV. WATSONVILLE\Improvement Agreement for PHASE 1-STAGE 1-11.04.22rev per CAOFINAL.DMV.docx (A.2.) AUTOMOBILE LIABILITY INSURANCE. For all vehicles used in the performance of this Agreement, Developer and any contractor shall provide bodily injury liability limits of not less than Five Hundred Thousand and no/100 Dollars ($500,000.00) for each person and Five Hundred Thousand and no/100 Dollars ($500,000.00) for each accident or occurrence, and property damage liability limits of not less than Five Hundred Thousand and no/100 Dollars ($500,000.00) for each accident or occurrence which may arise from the operations of the Developer in performing the work provided for herein, OR combined single limits of Five Hundred Thousand and no/100 Dollars ($500,000.00) therefore. Said policy shall contain a standard form of cross liability endorsement policy, that insures the City, its elective and appointive boards, commissions, officers, agents and employees, Developer, and any contractor or subcontractor performing work covered by this Agreement.
(B) WORKER'S COMPENSATION INSURANCE. Developer and any contractor shall maintain Worker's Compensation Insurance during the life of this Agreement, with an insurance company licensed to provide such insurance in California for all employees employed by either at the site of improvement, and in case any work is sublet, they shall require any contractor or subcontractor similarly to provide Worker's Compensation Insurance for all contractors' or subcontractors' employees. In case any class of employees engaged in work under this Agreement at the site of the project is not protected under any Worker's Compensation Law, Developer and any contractor shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Developer and any contractor hereby indemnify City for any damages resulting to it from failure of either Developer or any contractor or subcontractor to take out or maintain such insurance.
11. BOND REQUIREMENTS. Developer shall submit bonds with this Agreement as satisfactory evidence of the bonds required, and evidence that each carrier is required to give City at least thirty (30) days prior notice of cancellation or reduction in coverage of any bond during the effective period of this Agreement, and any extension thereto. All bonds are to be originals, showing policy numbers, expiration dates, and local underwriter's name and address. No binders, riders, or carbon copies will be accepted.
12. WORK HOURS. Working hours will only be between 7:00 a.m. and 7:00 p.m. Monday through Friday. The Developer shall submit a written request to the City Engineer, in advance, for authorization to work on weekends and/or holidays. The cost of the inspector's overtime salary plus twenty (20) percent shall be paid for by the Developer, prior to acceptance of the Project.
13. DUST CONTROL. Contractor shall control the dust resulting from the construction of this Project regardless of whether it is the result of contractor’s operation or caused by public traffic only.
14. VIDEO INSPECTION OF STORM DRAINS. Upon completion of storm drains and written notification by the City Engineer, the Developer shall deliver to the City a video recording of all the storm drains to the City’s satisfaction and provide a DVD disk to the City. This cost shall be borne by Developer.
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15. AS-BUILT PLANS. The applicant’s contractor shall maintain one set of full size, approved plans and mark thereon any deviations from plan dimensions, elevations or orientations.
Marked plans shall be updated weekly and shall be available to the City for review when requested.
Revisions to the plans shall be done in black ink. They shall be clouded and a delta or a note placed next to the clouding that indicates that the change was done as the plans were being “asbuilt.” As-built plans shall be maintained for all approved improvement plans, including but not limited to, grading, retaining wall, drainage, utility, roadway, landscape and irrigation plans.
Any differences in elevations of gravity pipe inverts at manholes, inlets, drainage swales and detention facilities from the elevations shown on the plans shall be recorded on the as-built plans.
Upon completion of the landscape and irrigation improvements that shall be owned and maintained by the City, the applicant’s landscape and irrigation contractors shall meet with City staff to develop accurate as-built plans.
Prior to final acceptance of the project by the City, the applicant shall provide the City with a copy of the marked plans for review. After the City has approved the marked plans, the applicant shall submit a reproducible copy to the City. The plans shall be on vellum or mylar and each sheet shall be identified by an “as-built” or “record drawing” stamp.
15.1. COMPLIANCE WITH LAWS AND REGULATIONS. Developer shall obey all laws in performing its obligations under this Agreement. (A) In the design and construction of all improvements set forth in the Improvement plans, the Developer shall comply fully with all applicable disabled-accessibility laws, regulations, and guidelines under local, state, and federal law, including but not limited to, regulations and guidelines promulgated under the Americans with Disabilities Act (“ADA”), Federal Fair Housing Act and California Building Standards Disability Access Guidelines (Title 24 of the California Code of Regulations). Where an apparent conflict exists between applicable regulations, guidelines, and/or portions of this Agreement, the more restrictive requirement shall control so as to provide better access.
(B) Developer shall defend, indemnify and hold the City of Watsonville harmless for all claims, damages, or injuries asserted against the City of Watsonville, its elected officials, employees, and agents related to any assertions related to whether this project fails to comply with any such law.
16. LOCATION OF STORAGE AND CONSTRUCTION YARD. Developer shall locate any construction yard for the storage of equipment, vehicles, supplies, and materials, or the preparation or fabrication thereof, to be used in connection with the installation of improvements for the Project or the construction of buildings therein, in such manner so as to cause a minimum of inconvenience to persons living in the area immediately adjacent to the Project, and to obtain the approval of the City Engineer to the proposed location of the yard. Immediately upon completion of the final building to be constructed in the Project, or unit thereof to which this Agreement refers, Developer shall cease using the construction yard and shall remove there from all supplies, materials, equipment or vehicles being stored or kept thereon; Developer further shall not use the construction yard for construction of buildings in any other project or unit of a project to which this Agreement refers. The city may extend the time within which supplies, materials, equipment or vehicles may be stored or kept therein if City shall determine that the granting of such extension will not be detrimental to the public welfare. No extension will be made except on
T:\WPWIN60\PROJECTS\CAL SUNSHINE DEV. WATSONVILLE\Improvement Agreement for PHASE 1-STAGE 1-11.04.22rev per CAOFINAL.DMV.docx the basis of a written application made by Developer, stating fully the grounds and facts relied upon for such extension. No storage of materials shall be permitted on any public right of way.
17. INCORPORATION OF USE PERMIT AND TENTATIVE MAP PERMIT CONDITIONS. Pursuant to the provisions of Resolution No. 211-21 (CM) approving the Major Modification to the Special Use Permit with Design Review & Specific Development Plan, and Resolution No. 210-21 approving a First Amended Tentative Map, the Developer affirms that the conditions and restrictions set forth in said resolutions shall be applicable to this Agreement and by such reference the conditions and restrictions are incorporated herein, and shall be placed on the plans submitted for all building permit applications.
18. PERFORMANCE BY CITY. It is understood that should Developer fail to construct any or all of the improvements as herein provided, the City may construct or cause to construct such improvements not completed under this Agreement. The City may draw against any of the securities mentioned herein for payment of any labor and/or materials expended to fulfill this Agreement.
19. PERMITS; COMPLIANCE WITH LAW. Developer shall, at Developer's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices, and pay all fees and taxes required by law. (A) After City Council approval of this Improvement Agreement and prior to starting construction, Developer’s contractor shall obtain an On/Offsite Permit for the proposed improvements. Contractor shall provide an insurance certificate meeting the requirements of the insurance coverages described in this Agreement.
20. PRECONSTRUCTION MEETING. Prior to starting construction of the improvements described in this Agreement, Developer shall hold a preconstruction meeting at the Community Development Department. Developer shall schedule the meeting. Participants shall include the Developer, the Owner, the General Contractor, the Project Engineer, the Soils Engineer and representatives of any Testing Agencies involved with the project.
21. INSPECTION BY CITY. Developer shall at all times maintain proper facilities and provide safe access for inspection by City, to all parts of the work and to shops wherein the work is in preparation. All improvements are subject to inspection by City, and provisions shall be made therefore for a period of twelve (12) months after acceptance by City.
22. DEVELOPER NOT AGENT OF CITY. Neither Developer nor any of Developer's agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer's obligation under this Agreement.
23. NOTICE OF BREACH AND DEFAULT. If Developer refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of the work within such time, or if the Developer should be adjudged as bankrupt, or Developer shall make a general assignment for the benefit of Developer's creditors, or if a receiver should be appointed in the event of Developer's insolvency or if Developer or any of Developer's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, Public Works and Utilities Director, City Engineer or the City Council may serve written notice upon
T:\WPWIN60\PROJECTS\CAL SUNSHINE DEV. WATSONVILLE\Improvement Agreement for PHASE 1-STAGE 1-11.04.22rev per CAOFINAL.DMV.docx Developer and Developer's surety of breach of this Agreement of any portion thereof, and default of Developer.
24. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR CITY. In the event of any such notice, Developer's performance surety shall have the duty to take over and complete the work in the improvement herein specified; provided, however, that if the surety, within five (5) days of the serving upon it of such notice of breach, does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within (5) days after notice to City of such elections, City may take over the work and prosecute the same to completion, by contract or by any other method the City may deem necessary, for the account and at the expense of Developer, and Developer's surety shall be liable to City for any excess cost of damages occasioned City thereby; in such events City, without liability for so doing may take possession of and utilize in completing the work such materials, appliances, plants and other property belonging to the Developer as may be on the site of the work necessary therefore.
25. BREACH OF AGREEMENT: LEGAL EXPENSES TO CITY. In the event a court action or arbitration is filed to enforce the terms of this Agreement, or to obtain relief by way of damages arising from default in the performance thereof, the prevailing party shall be awarded reasonable attorneys' fees and the cost of expert witnesses' as additional damages.
26. BINDING ON SUCCESSORS AND ASSIGNS. This Agreement shall run with the land and be binding upon the successors and assignees of each of the parties. Developer shall inform potential buyers of the obligations on successors and assignees created by this paragraph.
Developer shall provide copies of this executed Agreement to those potential buyers. Developer is advised that the sale of all or part of the lands of the underlying Project does not automatically transfer from the Developer of the land the security obligations of this Agreement. Those security obligations attach to Developer until all obligations of Developer under this Agreement are fulfilled or transferred by substitution of a replacement agreement and replacement securities acceptable to the City.
27. NOTICES. All notices herein required shall be in writing and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to City shall be addressed as follows:
City Clerk
City of Watsonville
275 Main Street, 4th floor
Watsonville, CA 95076
Notices required to be given to the Developer shall be addressed as follows:
LANDCO HILLCREST, LLC
Twenty Park Road
Burlingame, California 94010
Attn: Mark Lester
T:\WPWIN60\PROJECTS\CAL SUNSHINE DEV. WATSONVILLE\Improvement Agreement for PHASE 1-STAGE 1-11.04.22rev per CAOFINAL.DMV.docx
28. WAIVERS. Any waiver by City or Developer of any breach of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of City or Developer to require exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or estopping City or Developer from enforcing this Agreement.
29. SEVERABILITY. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
30. JURISDICTION AND VENUE. This Agreement is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in Santa Cruz County, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.
31. NO THIRD PARTY BENEFICIARIES. This Agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement
32. FINAL EXPRESSION. This Agreement is the result of negotiations between the parties hereto and the advice and assistance of their respective counsel. This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be amended or modified only upon the written consent of the parties hereto.
33. WRITING. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both parties and no oral understanding or agreement not incorporated herein shall be binding on either party hereto.
34. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
35. ATTACHMENTS HERETO. The following checked items are either attached hereto or made a part hereof by reference:
X List of Development Fees and Charges (Attachment A)
_X_ Engineer’s Estimate (Attachment B)
Please note: Certificate of Insurance and Insurance Endorsements (Shall be provided per “Section 10. Insurance” of this Improvement Agreement.) SIGNATURES FOLLOW ON PAGE 11
T:\WPWIN60\PROJECTS\CAL SUNSHINE DEV. WATSONVILLE\Improvement Agreement for PHASE 1-STAGE 1-11.04.22rev per CAOFINAL.DMV.docx IN WITNESS WHEREOF, the parties have hereto executed this Public Improvement Agreement on the day and year first herein above written:
ATTEST: CITY OF WATSONVILLE
A Municipal Corporation
_________________________ _________________________
City Clerk City Manager
APPROVED AS TO FORM: DEVELOPER
_________________________
LANDCO HILLCREST, LLC
City Attorney a California limited liability company
By: _________________________
_________________________
Its: _________________________
T:\WPWIN60\PROJECTS\CAL SUNSHINE DEV. WATSONVILLE\Improvement Agreement for PHASE 1-STAGE 1-11.04.22rev per CAOFINAL.DMV.docx City of Watsonville – 275 Main Street, 4th Floor – Watsonville CA 95076 FEE SHEET – IMPROVEMENT AGREEMENT – ATTACHMENT A
Developer’s name: LANDCO Hillcrest, LLC
Address: Twenty Park Road
Burlingame, CA 94010
Project Location: 511 Ohlone Parkway
Watsonville CA 95076
Project Name: Hillcrest Stage No. 1
FEE SCHEDULE
The following estimated costs and fees for the above
project are subject to plans reviewed or discussed.
Estimated costs cannot be construed as binding on the
City. Any change in plans will effect these costs and
fees. Please verify estimated costs at the time you are ready for Agreement acceptance. The City Revenue
Account is in parenthesis.
A. Engineering Services (5203) = $ 64,313.00
B. Inspection (5206) $ 29,225.00
C. Permit Fees (5211) $ 777.00
D. Soil Testing $ --
E. Grading/Erosion Control $ --
F. Payback Agreements --
Sub Total Fees (A-F) $ 94,315.00
G. Impact Fees* $574,048.79
H. Water Fees & charges* $107,578.36
Sub Total (Fees G & H*) $681,627.15
TOTAL FEES $775,942.15
Please make check payable to City of Watsonville.
Property Owner: LANDCO HILLCREST, LLC
Address: Twenty Park Road
Burlingame, California 94010
Phone #: (650) 638-0900
APN: 018-372-14 & 018-381-01
Type of Project: Stage 1 Improvements for a
Residential Subdivision
Number of Units: 27 Lots
CHECKLIST OF ITEMS REQUIRED
√ Two signed copies of Agreement
□ Improvement plan originals
√ Four sets of improvement plans
√ Final Map original
√ Final Map reduced to 8-1/2” x 11”
□ Street grant deeds
□ Easement deeds
√ Faithful Performance bond
√ Labor & Material bond
√ Defective Materials & Workmanship
(Warranty) bond
√ Monument deposit
√ Clean-up deposit
√ Certificate of Insurance
√ Insurance Endorsements
Note: All bonds and certificates to be originals,
showing policy numbers, expiration dates, and local
underwriter’s name and address. No binders, riders,
or carbon copies will be accepted.
*Note: Impact Fees and Water Fees and Charges
shall be payable with building permits.
ALL CERTIFICATES OF INSURANCE TO
HAVE A 30-DAY NOTICE OF
CANCELLATION.
Prepared by: David Caneer
Updated: 11/15/22
Attachment A
T:\WPWIN60\PROJECTS\CAL SUNSHINE DEV. WATSONVILLE\Improvement Agreement for PHASE 1-STAGE 1-11.04.22rev per CAOFINAL.DMV.docx Project Name: Hillcrest Stage No. 1
Item Amount Due
A. Engineering Services
(Plan Check) $ 64,313.00
Improvement plan & CC&R’s
check = $ 41,471.00
Drainage Study review = $ 1,050.00
MWELO review = $ 140.00
Structural review = $ 1,150.00
Addressing fee = $ 350.00
Final Map review fees = $ 3,110.00
Final Map recordation = $ 356.00
Subdivision Agreement
Preparation = $ 10,461.00
Map Processing = $ 6,225.00
B. Inspection
Inspection fee (5206) = $ 29,225.00
C. Encroachment Permit Fees $ 777.00
D. Soils Testing $ (1)
E. Grading/Erosion Control $ (2)
F. Payback Agreements None
G. Impact Fees* $574,048.79
Impervious surface = $ 41,350.00
Storm drain (5365) = $ 18,923.01
Underground in lieu fee (5284)= $ N/A
City Wide Traffic Impact Fee (5360) =
$ 59,130.00
Community Centers and Recreation
Facilities Impact Fees = $ 15,795.00
Park Improvement Impact Fee = $114,831.00
Park Land Impact Fee = $ 94,554.00
Item Amount Due
Public Facilities Impact Fee (5362) = $ 24,181.60
Fire Impact Fee (5361) = $ 29,430.00
Watsonville Public Art Program
Allocation Fee = $ 75,000.00
Affordable Housing Impact Fee (5304) =
$ N/A
Sewer Connection Fee (5364) = $ 59,681.07
Groundwater Impact Fee (5312) = $ 41,173.11
H. Water Fees & Charges* $107,578.36
Water Connection (5313) $ 79,978.36
Meter Fees (5266) $ 27,600.00
Total due $775,942.15
Previously paid $ --
Balance due $775,942.15
*NOTE: Impact fees for Affordable Housing, Fire,
Groundwater, Recreation and Parks, Traffic and
Public Facilities shall be payable with building
permits. Sewer and water connection and water
construction fees shall be payable with building
permits.
(1) Soil testing paid by applicant per the Engineer
Special Inspection and Testing Agreement.
(2) Included with Engineering Services.
Attachment A
T:\WPWIN60\PROJECTS\CAL SUNSHINE DEV. WATSONVILLE\Improvement Agreement for PHASE 1-STAGE 1-11.04.22rev per CAOFINAL.DMV.docx Attachment B - Engineer’s Estimate
Ramsey CIvil Engineering Inc.
2905 Kristie Court
Santa Cruz, California 95065
831-462-2905
Job Number: 20-021 Estimate Date: 4-Nov-22
Job Name: Hillcrest Subdivision - Stage 1 By: DMR
***SITE PREPARATION & GRADING*** Quantity Unit Cost Item Total Contingency Contractor Mobilization
Mobilization (Included in offsite) 1 LS 15,000.00 $ 15,000.00 $ √ Temproary Facilities & Utilities (Included in offsite) 1 LS 7,500.00 $ 7,500.00 $ √ Traffic Control (Included in offsite) 1 LS 15,000.00 $ 15,000.00 $ √ Contractor Mobilization Subtotal 37,500.00 $
Demolition/Removal (inlcuded in offsite)
Pavement -Asphalt, 3" (inc. Sawcut) 250 SF 5.00 $ 1,250.00 $ √ Curb & Gutter 58 LF 10.00 $ 580.00 $ √
Concrete (Driveway & Sidewalk) 0 SF 5.00 $ - $ √
Temporary Erosion Control (included in remediation) 1 LS 5,000.00 $ 5,000.00 $ √ Fence 100 LF 3.00 $ 300.00 $ √
Sound Wall 65 LF 5.00 $ 325.00 $ √
Concrete V-Ditch 64 LF 8.00 $ 512.00 $ √
Retaining Wall 0 LF 5.00 $ - $ √
Demolition/Removal Subtotal 7,967.00 $
Grading
Grading- included im rough grading & Remediation 0 CY 25.00 $ - $ √ Rough Grading Subtotal - $
SITE PREPARATION & GRADING Subtotal : 45,467.00 $
Contingencies:
SITE PREPARATION & GRADING Total : 45,467.00 $
***SANITARY SEWERS*** Quantity Unit Cost Item Total Contingency Laterals
6" SDR-26 PVC 0 LF 80.00 - $ √
Mains Subtotal - $
Miscellaneous
Cleanouts 0 EA 500.00 - $ √
Mains Subtotal - $
SANITARY SEWERS Subtotal : - $
Contingencies: - $
SANITARY SEWERS Total : - $
***WATER DISTRIBUTION*** Quantity Unit Cost Item Total Contingency Miscellaneous
Meter Box 0 EA 250.00 $ - $ √
Water Service 8" C900 Main 185 LF 45.00 $ 8,325.00 $ √
Miscellaneous Subtotal 8,325.00 $
Special Assemblies
Hot Tap Conneciton 1 EA 5,000.00 $ 5,000.00 $ √
Gate Valve 3 EA 1,000.00 $ 3,000.00 $ √
Special Assemblies Subtotal 8,000.00 $
WATER DISTRIBUTION Subtotal : 16,325.00 $
Contingencies: - $
WATER DISTRIBUTION Total : 16,325.00 $
****Opinion of Probable Cost****
Off-Site
RamCE #20-021
Attachment B
Opinion of Probable Cost
For Hillcrest Subdivision - Phase 1
***STORM DRAINAGE*** Quantity Unit Cost Item Total Contingency Main Lines and Structures
12" RCP 55 LF 150.00 $ 8,250.00 $ √
Stanard Manholes 1 EA 5,000.00 $ 5,000.00 $ √
4x4 Filterra Unit (curb inlet) 2 EA 12,000.00 $ 24,000.00 $ √ Junction Box 1 EA 3,000.00 $ 3,000.00 $ √
Main Lines Subtotal 40,250.00 $
STORM DRAINAGE Subtotal : 40,250.00 $
Contingencies: - $
STORM DRAINAGE Total : 40,250.00 $
***UTILITY RELOCATIONS*** Quantity Unit Cost Item Total Contingency Underground Electric & Traffic
Joint Trench (Ohlone and Loma Vista) 765 LF 150.00 $ 114,750.00 $ √ Electric and Gas Connections 1 LS 10,000.00 $ 10,000.00 $ √ Subtotal 124,750.00 $
UTILITY RELOCATION Subtotal: 124,750.00 $
Contingencies: - $
UTILITY RELOCATION Total: 124,750.00 $
***ROADWAY/SITE IMPROVEMENTS*** Quantity Unit Cost Item Total Contingency Pavements/ Site Improvements
6" PCC Curb and Gutter 345 LF 100.00 $ 34,500.00 $ √
Curb Ramp 1 EA 4,500.00 $ 4,500.00 $ √
PCC Sidewalk 800 SF 30.00 $ 24,000.00 $ √
Asphalt (5"AC) 7,697 SF 12.00 $ 92,364.00 $ √
12" Class II AB @ 95% R.C. 285 CY 40.00 $ 11,400.00 $ √ Retaining Wall "B" 148 LF 400.00 $ 59,200.00 $
New & Replace/relocate impacted signage and striping 1 LS 7,500.00 $ 7,500.00 $ √ Pavements Subtotal 233,464.00 $
ROADWAY/STREET IMPROVEMENTS Subtotal: 233,464.00 $
Contingencies: - $
ROADWAY/STREET IMPROVEMENTS Total: 233,464.00 $
***MAJOR CATEGORY TOTALS (Does not include Contingency Costs )*** Site Preparation and Grading $ 45,467.00
Sanitary Sewers $ -
Water Distribution $ 16,325.00
Storm Drainage $ 40,250.00
Electrical $ 124,750.00
Roadway/Street Improvements $ 233,464.00
TOTAL COST WITHOUT CONTINGENCIES 460,256.00 $
***SUMMARY (Including Contingency Costs) ***
TOTAL COST SUBJECT TO CONTINGENCY 460,256.00 $
OVERHEAD: 5% 23,012.80 $
PROFIT: 5% 23,012.80 $
CONTINGENCIES: 15% 69,038.40 $
TOTAL ESTIMATED CONSTRUCTION COST: 575,320.00 $
NOTES
Since Ramsey Civil Engineering, Inc., has no control over the cost of labor, materials, or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, our opinions of probable project cost or construction cost provided herein are to be made on the basis of our experience and qualifications and represent our best judgment as design professionals familiar with the construction industry, but Ramsey Civil Engineering, Inc., cannot and does not guarantee that proposals, bids, or the construction cost will not vary from opinions of probable cost prepared by the firm
RamCE #20-021
Attachment B
Ramsey CIvil Engineering Inc.
2905 Kristie Court
Santa Cruz, California 95065
831-462-2905
Job Number: 20-021 Estimate Date: 4-Nov-22
Job Name: Hillcrest Subdivision- Stage 1 By: DMR
***SITE PREPARATION & GRADING*** Quantity Unit Cost Item Total Contingency Contractor Mobilization
Mobilization (Included in offsite) 0 LS 10,000.00 $ - $ √ Temproary Facilities & Utilities (Included in offsite) 0 LS 7,500.00 $ - $ √ Traffic Control (Included in offsite) 0 LS 10,000.00 $ - $ √ Contractor Mobilization Subtotal - $
Grading (R&RG = Remediation & Rough Grading)
Strippings (Completed as part of R&RG Plan) 0 CY 24.00 $ - $ √ Mass Grading (Completed as part of R&RG Plan) 0 CY 25.00 $ - $ √ Erosion Prevention & Sediment Control 1 LS 20,000.00 $ 20,000.00 $ √ Fine Grading 1 LS 20,000.00 $ 20,000.00 $ √
Re-grade Existing Basin 2 EA 6,000.00 $ 12,000.00 $ √
Rough Grading Subtotal 52,000.00 $
SITE PREPARATION & GRADING Subtotal : 52,000.00 $
Contingencies: --
SITE PREPARATION & GRADING Total : 52,000.00 $
***SANITARY SEWERS*** Quantity Unit Cost Item Total Contingency Pipes
8" SDR-26 PVC Sewer Main 1700 LF 100.00 170,000.00 $ √
4" SDR-26 PVC 1240 LF 60.00 74,400.00 $ √
Mains Subtotal 244,400.00 $
Miscellaneous
Manholes (Standard) w/ frame and cover 6 EA 5,000.00 30,000.00 $ √ Manholes (Deep (+12')) w/ frame and cover 6 EA 8,000.00 48,000.00 $ √ Cleanouts 33 EA 1,000.00 33,000.00 $ √
Miscellaneous Subtotal 111,000.00 $
SANITARY SEWERS Subtotal : 355,400.00 $
Contingencies: - $
SANITARY SEWERS Total : 355,400.00 $
***WATER DISTRIBUTION*** Quantity Unit Cost Item Total Contingency Pipes
8" C900 Water Main 1611 LF 100.00 $ 161,100.00 $ √
Water Laterals (Meter to units) 900 LF 50.00 $ 45,000.00 $ √ Pipes Subtotal 206,100.00 $
Miscellaneous
Meters & Assemblies 28 EA 1,500.00 $ 42,000.00 $ √
Irrigation Backflow Device 1 EA 1,200.00 $ 1,200.00 $ √ Fire Hydrant 1 EA 5,000.00 $ 5,000.00 $ √
Air-Release Valve 3 EA 3,000.00 $ 9,000.00 $ √
Blow-off Assembly 2 EA 3,000.00 $ 6,000.00 $ √
Miscellaneous Subtotal 63,200.00 $
WATER DISTRIBUTION Subtotal : 269,300.00 $
Contingencies: - $
WATER DISTRIBUTION Total : 269,300.00 $
****Opinion of Probable Cost****
On-Site
RamCE #20-021
Attachment B
Opinion of Probable Cost
For Hillcrest Subdivision
***STORM DRAINAGE*** Quantity Unit Cost Item Total Contingency Main Lines and Structures
3" PVC (Thru-Curb Drains) 100 LF 40.00 $ 4,000.00 $ √
6" HDPE 452 LF 45.00 $ 20,340.00 $ √
8" HDPE 263 LF 50.00 $ 13,150.00 $ √
10" HDPE 31 LF 55.00 $ 1,705.00 $ √
12" HDPE 375 LF 60.00 $ 22,500.00 $ √
18" HDPE 590 LF 125.00 $ 73,750.00 $ √
24" RCP 174 LF 125.00 $ 21,750.00 $ √
72" CMP 396 LF 400.00 $ 158,400.00 $ √
Main Lines Subtotal 315,595.00 $
Miscellaneous
Standard Manhole 5 EA 5,000.00 $ 25,000.00 $ √
Deep Manhole (+6') 4 EA 6,500.00 $ 26,000.00 $ √
Manway Riser (SCM-1 & 2) 4 EA 1,500.00 $ 6,000.00 $ √
12" NDS Drain inlet 19 EA 750.00 $ 14,250.00 $ √
4x4 Filterra Unit 3 EA 10,000.00 $ 30,000.00 $ √
4x4.5 Filterra Unit 2 EA 11,500.00 $ 23,000.00 $ √
6x6 Filterra Unit 4 EA 13,000.00 $ 52,000.00 $ √
Christy V12 drain inlet 10 EA 2,500.00 $ 25,000.00 $ √
Low-Lying Landscaped Area 2 EA 500.00 $ 1,000.00 $ √
Concrete Flared End Section 2 EA 1,200.00 $ 2,400.00 $ √ Outfall Apron/ Sonotube Willows 2 EA 5,000.00 $ 10,000.00 $ √ Miscellaneous Subtotal 214,650.00 $
STORM DRAINAGE Subtotal : 530,245.00 $
Contingencies: - $
STORM DRAINAGE Total : 530,245.00 $
***UTILITY RELOCATIONS*** Quantity Unit Cost Item Total Contingency Underground Electric & Traffic
PG&E Application 1 EA 2,500.00 $ 2,500.00 $ √
Joint Trench 1275 LF 150.00 $ 191,250.00 $ √
Unit Services 27 EA 500.00 $ 13,500.00 $ √
Street Lights 10 EA 10,000.00 $ 100,000.00 $ √
Pull Boxes 4 EA 500.00 $ 2,000.00 $ √
Transformers 4 EA 10,000.00 $ 40,000.00 $ √
Subtotal 349,250.00 $
UTILITY RELOCATION Subtotal: 349,250.00 $
Contingencies: - $
UTILITY RELOCATION Total: 349,250.00 $
***ROADWAY/SITE IMPROVEMENTS*** Quantity Unit Cost Item Total Contingency Pavements
6" PCC Vertical Curb 775 LF 60.00 $ 46,500.00 $ √
Asphalt (3" AC section/10" AB) 31163 SF 8.00 $ 249,304.00 $ √ Concrete Driveway (6" PCC/ 6" CLASS II AB) 4044 SF 50.00 $ 202,200.00 $ √ Concrete Valley Gutter 1245 SF 40.00 $ 49,800.00 $ √
Curb Ramp 4 EA 4,500.00 $ 18,000.00 $ √
DG Pathway 1081 SF 5.00 $ 5,405.00 $ √
Emergency Access Gate 1 EA 5,000.00 $ 5,000.00 $ √
Gravel Roadway Section (12" Class II AB) 318 SF 5.00 $ 1,590.00 $ √ Paint Striping 798 LF 2.00 $ 1,596.00 $ √
PCC Sidewalk 6190 SF 30.00 $ 185,700.00 $ √
Rolled Curb & Gutter 1094 LF 80.00 $ 87,520.00 $ √
Signs (Street, Parking, Stop) 14 EA 45.00 $ 630.00 $ √
Pavements Subtotal 853,245.00 $
Site Improvements & Landscaping
6' High board on fencing 425 LF 45.00 $ 19,125.00 $ √
6' Bench to be selected 1 EA 1,400.00 $ 1,400.00 $ √
Fitness Stations 5 EA 6,500.00 $ 32,500.00 $ √
Irrigation Controller 1 EA 3,000.00 $ 3,000.00 $ √
Soil Click Sensors 1 EA 400.00 $ 400.00 $ √
Rain Sensors 1 EA 75.00 $ 75.00 $ √
Ball Valves 1 EA 75.00 $ 75.00 $ √
Mainline Irrigation Pipe 980 LF 6.50 $ 6,370.00 $ √
Lateral Irrigation Pipe 180 LF 4.25 $ 765.00 $ √
Sleeves 700 LF 4.25 $ 2,975.00 $ √
Quick Coupler Valves 7 EA 300.00 $ 2,100.00 $ √
Drip Valve/ Regulator/ Filter Assembly 15 EA 135.00 $ 2,025.00 $ √ Remote Control Valve (lawn) 1 EA 150.00 $ 150.00 $ √
Pop-up Sprinkler Heads 8 EA 8.75 $ 70.00 $ √
Drip Emitters 1418 EA 0.75 $ 1,063.50 $ √
Valve Boxes (RCV+QC+Ball Valve) 23 EA 225.00 $ 5,175.00 $ √ RamCE #20-021
Attachment B
Opinion of Probable Cost
For Hillcrest Subdivision
Drip Tubing 3000 LF 1.25 $ 3,750.00 $ √
Wire 240 LF 0.50 $ 120.00 $ √
Soil Prep (for Landscaping) 24163 SF 1.00 $ 24,163.00 $ √ Lawn 284 SF 2.75 $ 781.00 $ √
15 Gallon Trees 56 EA 280.00 $ 15,680.00 $ √
15 Gallon Shrubs 17 EA 60.00 $ 1,020.00 $ √
5 Gallon Shrubs 446 EA 60.00 $ 26,760.00 $ √
1 Gallon Shrubs 122 EA 28.00 $ 3,416.00 $ √
Mulch 251 CY 70.00 $ 17,570.00 $ √
Retaining Curb 242 LF 50.00 $ 12,100.00 $ √
Site Improvements & Landscaping Subtotal 182,628.50 $
ROADWAY/SITE IMPROVEMENTS Subtotal: 1,035,873.50 $
Contingencies: - $
ROADWAY/STREET IMPROVEMENTS Total: 1,035,873.50 $
***MAJOR CATEGORY TOTALS (Does not include Contingency Costs )*** Site Preparation and Grading $ 52,000.00
Sanitary Sewers $ 355,400.00
Water Distribution $ 269,300.00
Storm Drainage $ 530,245.00
Electrical $ 349,250.00
Roadway/Site Improvements & Landscaping $ 1,035,873.50
TOTAL COST WITHOUT CONTINGENCIES 2,592,068.50 $
***SUMMARY (Including Contingency Costs) ***
TOTAL COST SUBJECT TO CONTINGENCY 2,592,068.50 $
OVERHEAD: 5% 129,603.43 $
PROFIT: 5% 129,603.43 $
CONTINGENCIES: 15% 388,810.28 $
TOTAL ESTIMATED CONSTRUCTION COST: 3,240,085.63 $
NOTES
Since Ramsey Civil Engineering, Inc., has no control over the cost of labor, materials, or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, our opinions of probable project cost or construction cost provided herein are to be made on the basis of our experience and qualifications and represent our best judgment as design professionals familiar with the construction industry, but Ramsey Civil Engineering, Inc., cannot and does not guarantee that proposals, bids, or the construction cost will not vary from opinions of probable cost prepared by the firm RamCE #20-021
Attachment B
1 Reso No. (CM)
Meeting Date: 120522
RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING THE FINAL SUBDIVISION MAP FOR
HILLCREST SUBDIVISION STAGE 1, TRACT NO. 1607, LOCATED AT 511 OHLONE PARKWAY, WATSONVILLE, CALIFORNIA (APNS: 018- 372-14 AND 018-381-01)
WHEREAS, Resolution No. 210-21 (CM), adopted by the City Council on July 6, 2021, approved the First Amended Tentative Map for the Hillcrest Estates subdivision; and
WHEREAS, at its May 10, 2022 meeting, the City Council approved Ordinance No. 1431-22 (CM) approving the Development Agreement between the City of Watsonville and Hillcrest Watsonville, LLC., which identifies construction of the development to occur in five stages; and
WHEREAS, the developer, Landco Hillcrest, LLC., has requested approval of a Final Map for the Hillcrest Subdivision Stage 1, Tract No. 1607, located at 511 Ohlone Parkway, Watsonville, California (APNS: 018-372-14 and 018-381-01); and WHEREAS, the developer has provided improvement plans for the Hillcrest Subdivision Stage 1, Tract No. 1607, that have been reviewed by City staff and found to be substantially in compliance with the tentative map, public and on-site improvements and satisfy the conditions of the Tentative Map; and
WHEREAS, no public and on-site public improvements shall be accepted by the City until inspected and approved by City staff; and
WHEREAS, the Final Subdivision Map for Hillcrest Subdivision Stage 1, Tract No. 1607, located at 511 Ohlone Parkway shall not be released until and unless the Subdivision Improvement Agreement and attached fee sheet approved concurrently are
2 Reso No. (CM)
Meeting Date: 120522
executed by developer in a form reasonably acceptable to the City Attorney and City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
That the Final Subdivision Map for Hillcrest Subdivision Stage 1, Tract No. 1607, located at 511 Ohlone Parkway, Watsonville, California (APNS: 018-372-14 and 018-381- 01), is hereby approved, providing developer executes the Subdivision Improvement Agreement concurrently considered by Council, and copies of Pages 1-14 of the Final Subdivision Map are attached hereto and incorporated herein by this reference. ********************************
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12/1/2022 2:00:24 PM12/1/2022 10:57:38 AM
C:\Program Files\eSCRIBE\TEMP\1401988191\1401988191,,,MAIN STREET AND RIVERSIDE DRIVE OPERATIONS MODIFICATION PROJECT.docxhttps://cityofwatsonville.escribemeetings.com/Reports/main at riverside project.docx Agenda Report
MEETING DATE: Monday, December 5, 2022
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR DI RENZO
ADOLFO GONZALEZ, TRAFFIC OPERATIONS MANAGER
THROUGH: CITY MANAGER MENDEZ
SUBJECT: APPROPRIATION OF $90,909 OF TRAFFIC IMPACT FEE
FUNDING TO THE MAIN STREET AND RIVERSIDE DRIVE
(SR129) OPERATIONS MODIFICATION PROJECT
RECOMMENDED ACTION:
Approve a resolution appropriating $90,909 from the City-Wide Traffic Impact Fee Fund (0340) to the Main Street and Riverside Drive (SR129) Operations Modification project, account number 0340-940-7837-14323.
BACKGROUND:
The intersection of Main Street and Riverside Drive (SR 129) is one of the main gateways into the City of Watsonville. Commuters from Watsonville, Monterey County, San Benito County and Santa Clara County pass through this intersection to access Highway 1. This impacts traffic from Monterey County that comes over the Pajaro River Bridge and turns left onto Riverside Drive (SR129). During peak times, traffic exceeds the capacity of the left turn lane and blocks traffic heading straight on Main Street into downtown.
DISCUSSION:
Public Works staff worked with a consultant to analyze the intersection of Main Street and Riverside Drive (SR129) and recommends improvements to mitigate the traffic impacts on the Pajaro River bridge. These recommendations will increase the left turn storage capacity and allow the intersection to operate more efficiently. Design of the operational improvements is currently at 95% with construction anticipated in FY23/24.
This project was originally placed in the FY19/20 budget with $98,415 allocated from the CityWide Traffic Impact Fee Fund for engineering and operational improvements for the intersection of Main Street and Riverside Drive. Funding was carried over to FY20/21 and then to FY21/22 when $7,516 was expended, leaving a balance of $90,909. The project was not carried over to this fiscal year’s budget.
12/1/2022 2:00:24 PM12/1/2022 10:57:38 AM
C:\Program Files\eSCRIBE\TEMP\1401988191\1401988191,,,MAIN STREET AND RIVERSIDE DRIVE OPERATIONS MODIFICATION PROJECT.docxhttps://cityofwatsonville.escribemeetings.com/Reports/main at riverside project.docx Staff requests an appropriation of $90,909 from the City-Wide Traffic Impact Fee Fund to account number 0340-940-7837-14323 to complete design and implement the operational modifications at the intersection Main Street and Riverside Drive/State Route 129.
STRATEGIC PLAN:
The project is consistent with Strategic Plan Priority:
3 - Infrastructure & Environment
FINANCIAL IMPACT:
Appropriate an existing $90,909 from the City-Wide Traffic Impact Fee Fund (0340) to account number 0340-940-7837-14323.
ALTERNATIVE ACTION:
The City Council can choose not to authorize the appropriation of $90,909 and not improve operation of Main Street and Riverside Drive (SR129) intersection.
ATTACHMENTS AND/OR REFERENCES (If any):
None.
1 Reso No. (CM)
Meeting Date: 120522
RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING THE APPROPRIATION OF $90,909 FROM THE CITY-WIDE TRAFFIC IMPACT FEE FUND [0340] TO THE MAIN STREET AND RIVERSIDE DRIVE (SR129) OPERATIONS
MODIFICATION PROJECT, BUDGET NUMBER 0340-940-7837-14323 WHEREAS, City staff worked with a consultant to analyze the intersection of Main Street and Riverside Drive (SR129) and recommend improvements to mitigate the traffic impacts on the Pájaro Bridge; and
WHEREAS, the consultant recommends operational improvements that will increase the left turn storage capacity and operate the intersection efficiently; and WHEREAS, City staff requests a budget appropriation of $90,909 from the CityWide Traffic Impact Fee Fund [0340] to complete design and implement the operational modifications at the intersection of Main Street and Riverside Drive (SR129).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. This action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
2 Reso No. (CM)
Meeting Date: 120522
2. That the $90,909 budget appropriation from the City-Wide Traffic Impact Fee Fund [0340] to the Main Street and Riverside Drive (SR129) Operations Modification Project, budget number 0340-940-7837-14323 is hereby authorized. ********************************
12/1/2022 2:24:49 PM
C:\Program Files\eSCRIBE\TEMP\14244676095\14244676095,,,Report - First Amendment to Contract with Wallace Group for Water Main Replacement Program.docx
Agenda Report
MEETING DATE: Monday, December 5, 2022
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR DI RENZO
DANIELLE GREEN, ASSISTANT DIRECTOR OF PUBLIC WORKS
ROBERT SCHNEIDER, SENIOR CIVIL ENGINEER
THROUGH: CITY MANAGER MENDEZ
SUBJECT: APPROVAL OF FIRST AMENDMENT TO CONSULTANT
CONTRACT FOR ON-CALL ENGINEERING DESIGN SERVICES
WITH WALLACE GROUP, A CORPORATION, INCREASING THE
AMOUNT BY $28,500 FOR THE WATER MAIN REPLACEMENT
PROGRAM
RECOMMENDED ACTION:
It is recommended that the City Council approve First Amendment to Consultant Contract for On-Call Engineering Design Services with Wallace Group, a corporation, increasing the amount by $28,500 for the Water Main Replacement Program.
DISCUSSION:
A number of firms submitted qualification statements in May 2021 for “On-Call Engineering Design Services” for the City’s Water Main Replacement program which was reviewed by City staff. A list was developed which included the Wallace Group, a California corporation.
On July 6, 2021, City Council approved Resolution No. 195-21 (CM), awarding a contract to Wallace Group, a California corporation, for On-Call Engineering Design Services for the City’s Water Main Replacement Program, in an amount not to exceed $284,000.
Staff requested that Wallace prepare a design to replace approximately 2,000 linear feet of six-inch pipe on Arthur Road. In order for Wallace to perform the work, the existing contract will need to be increased by $28,500, therefore, staff requests that an additional $28,500 be appropriated to this contract.
STRATEGIC PLAN:
The project supports Strategic Plan Priority:
3 – Infrastructure & Environment
12/1/2022 2:24:49 PM
C:\Program Files\eSCRIBE\TEMP\14244676095\14244676095,,,Report - First Amendment to Contract with Wallace Group for Water Main Replacement Program.docx
FINANCIAL IMPACT:
There is existing funding for the contract’s change order in the FY 22/23 adopted budget in account:
0720-913-7831-14834 - Additional Water Main Replacement ALTERNATIVE ACTION:
No reasonable alternatives are known at this time.
ATTACHMENTS AND/OR REFERENCES (If any):
None
Reso No. (CM)
Meeting Date: 120522 1
RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING FIRST AMENDMENT TO CONTRACT
BETWEEN THE CITY OF WATSONVILLE AND WALLACE GROUP, A
CORPORATION, AMENDING THE SCOPE OF WORK AND ADDING TO
THE COMPENSATION (INCREASING THE CONTRACT BY $28,500) FOR ON CALL ENGINEERING DESIGN SERVICES FOR THE CITY’S WATER MAIN REPLACEMENT PROGRAM; AND AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, on May 5, 2020, the Public Works and Utilities Department advertised a Request for Qualifications Statements from Consulting Engineering Firms for Periodic and On-Call Water and Wastewater Professional Design Services, with a due date of June 9, 2020; and
WHEREAS, a number of firms submitted qualifications statements; these statements were reviewed by City staff and a list was developed; and WHEREAS, Wallace Group, a corporation, is on this list of eligible consultants for On-Call Engineering Design Services for the City’s Water Main Replacement Program; and
WHEREAS, on July 6, 2021, Council approved Resolution No.195-21 (CM), awarding contract to Wallace Group, a corporation, for On-Call Engineering Design Services for the City’s Water Main Replacement Program, in an amount not to exceed $284,000, and
WHEREAS, this First Amendment to the Contract will add to the scope of work and increase the contract amount by $28,500, bringing the total contract amount to $312,500; and
WHEREAS, § 3-5.170 of the Municipal Code provides that amendments to contracts that reasonably relate to the scope of the original contract, are based on postPage 67 of 133 Reso No. (CM)
Meeting Date: 120522 2
award information that requires modification of the contract based on unforeseen conditions and were originally approved by Council shall be approved by Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. This action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
2. This First Amendment to Consultant Contract between the City of Watsonville and Wallace Group, a corporation, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.
3. The City Manager hereby authorized and directed to execute said First Amendment for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
**************************************
1 FIRST AMENDMENT TO CONSULTANT SERVICES CONTRACT
BETWEEN THE CITY OF WATSONVILLE
AND WALLACE GROUP, A CALIFORNIA CORPORATION
THIS FIRST AMENDMENT TO CONTRACT for consultant services is entered into by and between the City of Watsonville ("City") and Wallace Group, a California Corporation (“Consultant”) this day of _____________________. The City and Consultant agree as follows:
RECITALS
WHEREAS, City and Consultant have previously executed a Consultant Services Contract to revise for On-Call Engineering Design Services for the City’s Water Main Replacement Program, dated June 24, 2021; and
WHEREAS, the original contract was in the amount of $284,000.00 with an expiration date of June 30, 2023; and
WHEREAS, on May 5, 2020 the Public Works and Utilities Department advertised a Request for Qualification Statements from Consulting Engineering Firms for Periodic and On-Call Water and Wastewater Professional Design Services, with a due date of June 9, 2020; and
WHEREAS, a number of firms submitted qualification statements; these statements were reviewed by City staff and a list was developed; and WHEREAS, Wallace Group, a California corporation, is on this list of eligible consultants for On-Call Engineering Design Services for the City’s Water Main Replacement program; and
WHEREAS, the City has added additional tasks to the work program of the Consultant causing additional cost and time to the project completion; and
2 WHEREAS, the First Amendment of the Contract for Consultant Services is in the best interest of the City of Watsonville.
NOW, THEREFORE, the City and the Consultant agree that the Contract shall be amended as follows:
Section 1 is hereby amended to add the following:
"Section 1. Scope of Services. In addition to the performance of those services specified in detail in Exhibit "A" of the Contract, Consultant shall perform the additional services specified in detail in Exhibit "1," entitled FIRST AMENDMENT TO SCOPE OF SERVICES, which is attached hereto and incorporated herein."
Section 4 is hereby amended to read:
"Section 4 and Exhibit "C" both entitled "Compensation" of the Contract, are hereby amended to provide an additional amount of compensation of Twenty-Eight Thousand Five Hundred Dollars ($28,500) for professional services.
All other terms and conditions of the Contract dated June 24, 2021, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Services Contract the day and year first hereinabove written.
CITY OF WATSONVILLE
By___________________________
Rene Mendez, City Manager
ATTEST:
By___________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:
By___________________________
Samantha W. Zutler, City Attorney
WALLACE GROUP,
A CALIFORNIA CORPORATION
By______________________________
Kari E. Wagner, PE, Principal
EXHIBIT "1"
FIRST AMENDMENT TO SCOPE OF SERVICES
The scope of services is as follows:
Refer to attachment labeled Exhibit “1”
CONTRACT AMENDMENT
Project Name: Water Main Replacement Phase 2 CA No. 2
Client Name: City of Watsonville Project/Phase No. 1535-0003/ 30001 Task 002
Attention: Robert Schneider Date: November 11, 2022
Address: 250 Main Street, Watsonville, California, 95076 Wallace Group requests the Client’s authorization to proceed with revisions to the contract agreement for the above referenced project as herein described. Approval below incorporates this document as a part of the original contract signed June 24, 2021. If approved, please return one signed original Contract Amendment to Wallace Group.
Description and Purpose of the Revision(s)
Water Main Replacement Program – Arthur Road. Approximately 2,200-LF of 6” pipe to be replaced/upsized with 8” PVC. See Tasks 1-5 in the Scope of Services below.
Engineering Standards – Final round of updates and reviews ahead of City adoption. See Task 6 in the Scope of Services below.
SCOPE OF SERVICES
Wallace Group understands that CoW staff will be constructing the proposed upgrades using CoW crews and that the following scope of services reflects the design requirements for work to be performed non-competitively. All work will be provided in a single drawing package.
EXHIBIT "1"
PAGE 1 OF 5
PP21-7283
City Watsonville
November 11, 2022
Task 1: Survey
Wallace Group will be teaming with Central Coast Aerial Mapping (CCAM) of San Luis Obispo, CA to complete aerial photogrammetric mapping. The limits of aerial mapping along the water main sections listed above will be centered on the road and include a width of approximately 60-110 feet, to include approximately 10 feet beyond the road prism.
The aerial mapping will show visible surface features including utility structures and poles, edges of pavement, striping, fences, street signs, brush lines and tree canopies. The aerial mapping will include aerial planimetric and digital terrain mapping and a color orthophoto with a 0.25’ pixel size of the survey area. The aerial photography will be captured at a flight elevation suitable for preparing a topographic map at a scale of 1-inch = 40-feet, with a contour interval of 1 foot.
The field survey within the proposed mapping areas will augment the aerial mapping and include the location of surface improvements such as structures, crossing and parallel sanitary and storm sewer lines, fences, driveways, roadway signs, and utilities such as street lights, utility poles and guy wires, fire hydrants, water meters, water valves, and utility paint markings and placards indicating the location and presence of underground utility lines and facilities as required to supplement the existing topographic mapping.
Our understanding is that city-provided GIS parcel data will be utilized for this project and presented as approximate on the drawings. Record right of way and easements, if required, will be mapped by others and is not included in this scope. We also exclude location and mapping of existing monuments from our scope, as this is something that should be done at the same time as the boundary survey, and recommend that the CoW ensure that monument preservation be included in the scope of the surveyor performing the boundary survey.
Our proposal assumes that our topographic field survey will be based on control established by Wallace Group. The survey mapping will be constrained horizontally to the California Coordinate System of 1983 (CCS83), Zone 3 projection and vertically to the North American Vertical Datum of 1988 (NAVD88). Survey control stations will be set to control the aerial mapping performed by Central Coast Aerial Mapping and along the proposed route as noted above. The control stations will be durable and semi-permanent and will most likely be 18- inch rebar with plastic cap labeled “WG Control Point” or survey style “PK” nail set in asphalt with aluminum tag labeled “WG Control Point”. We will provide a Survey Control Sheet showing the location and coordinates of these control station. The control sheet will show these locations with aerial imagery as a background so that their locations can easily be ascertained.
The information gathered will be compiled to create digital base map, including a digital CAD surface model. As appropriate the surface model will be comprised of elevation information and grade breaks collected from both the aerial and field survey mapping. The base map will show the location of the planimetric features, contours and spot elevations and will be used as a base layer for plan production. We are assuming that notice/right of entry and coordination with private landowners will be coordinated and performed by CoW.
Along the project area route, there are many storm and sanitary sewer manholes that are within the roadway and the vehicular traveled way. We will be using a traffic control, safety and signage sub-consultant to assist with accessing these manholes and structures safely. For budgeting purposes, we have estimated one day of traffic control and safety signage by the sub-consultant to be sufficient for accessing and measuring the inverts of these structures.
Deliverables:
22"x34” PDF signed & stamped Topographic Sheet Set (estimated 6 Sheets) EXHIBIT "1"
PAGE 2 OF 5
PP21-7283
City Watsonville
November 11, 2022
AutoCAD Civil 3D drawing file of survey base map.
The estimated fees for work noted in the above task are based on prevailing wage rates. If the CoW and the California Department of Labor determines that prevailing wage payments are not required, the fees for task above will be adjusted and billed according to the per hour rate of the Standard Wage column on the Standard Billing Rates provided.
Lodging and per diem fees are based on the allowable amounts as set forth by the federal General Services Administration (GSA) for the Monterey, California area. These rates can be found at the GSA website, http://www.gsa.gov/portal/category/100120.
Task 2: Preliminary Investigations and Engineering
Wallace Group will review the survey data captured in Task 1 above, along with existing CoW GIS information, as well as the City of Watsonville Water System Master Plan, in preparation for the development of construction drawings. In addition to considering recommended system improvements contained within the Water System Master Plan, Wallace Group will review the proposed waterline replacement for compliance with industry best practices and make recommendations related to system configuration, valve locations, and pipe size.
Task 3: Preparation of Construction Documents
We are assuming the following breakdown of sheet per plan set:
Project Name Cover &
Notes
Standard
Details
Plan &
Profile
Specific
Details
Arthur Road 2 1 5 2
The plan set will be submitted at a 30% design and a 100% design level. The 30% design submittal will show overall extent in plan and profile view with major features identified, but will not include specific details, or specific annotations.
Wallace Group will design the Project in compliance with applicable laws, CoW and other local, state, and federal standards, and applicable industry standards and codes, including but not limited to those specifically set forth in the applicable noise and air pollution emissions regulations, applicable hazardous material handling and disposal regulations, the City’s policies, and other reference specifications.
Deliverables:
24"x36” PDF construction drawings
AutoCAD Civil 3D eTransmit package
Assumptions:
City of Watsonville crews will be performing the installation work in-house; these construction documents will not be issued for public bid. Right of way will be taken from GIS or otherwise provided by CoW. Technical specifications will be provided on drawings, rather than in ‘book’ format.
Task 4: Engineering Services During Construction
Wallace Group will provide engineering support during construction on a time and materials basis. This includes site visits, preparation of waivers, request for information or clarification, or other tasks as needed by the City. Based on previous phases of installation, we are estimating $5,000 for this work.
EXHIBIT "1"
PAGE 3 OF 5
PP21-7283
City Watsonville
November 11, 2022
Task 5: Preparation of Record Drawings (Optional)
If requested, Wallace Group will review CoW-generated redlines prepared in GIS or on paper, as well as other field notes associated with crossings that were encountered during construction and update the construction drawings accordingly. Estimated fees for this task are based on two days of drafting/plotting work for every 1000 feet of construction.
Deliverables:
24”x36” PDF record drawings
Final reviews and updates to Engineering Standards
Wallace Group has received a final draft of the standard design criteria document and will perform a final review for consistency with standard details and attachments. We have been continuing to develop additional standard details at the request of the City and also received comments to several water service details that will be incorporated prior to final submittal.
Our intent is to submit final documents to the City by November 18th in support of the staff report preparation for the December 13th City Council meeting. Fees and schedule for this task assume that little to no additional comments/feedback will be received from the City.
Note that this is an existing task within our current budget and we expect the remaining work described above will require approximately $5,000 to complete. This has been accounted for in the ‘Remaining Contract Value’ line item of the fee schedule below.
SCHEDULE
Our goal is to provide 100% plan sets no less than one week ahead of crews’ scheduled work in that area. Wallace Group will coordinate continually with CoW to determine current priorities. Standard details that are to be included in an upcoming replacement project will be prioritized accordingly.
ADDITIONAL SERVICES
Wallace Group can provide the following services, directly or through sub-consultants, upon request:
Boundary survey
Preparation of technical specifications book-style format.
TO BE PROVIDED BY THE CLIENT
Current GIS files.
Boundary survey in CAD format if available.
Client shall provide the DIR Project Number for this project. To do so, the Client will need to complete the PWC-100 form and submit to the DIR prior to the commencement of the field survey. This is required to be in compliance with State of California Prevailing Wage laws.
ITEMS NOT INCLUDED IN SCOPE OF SERVICES
The following services are not included in this Scope of Services or estimate of fees:
General Contract Specifications (i.e. Front-end documents) Technical Specifications
Permit Fees
Attendance at public meetings (e.g. Watsonville City Council meetings) Right of Way Survey/Research
EXHIBIT "1"
PAGE 4 OF 5
PP21-7283
City Watsonville
November 11, 2022
Preliminary Title Documents
Pre-construction meeting
Geotechnical Investigation
Utility Locating Services
Structural Observation Services
Special Construction and Inspection Services
CEQA/NEPA document preparation or Environmental Review Preparation of Legal Descriptions/Easements, excepting draft TCEs for private property
PROJECT FEES
Wallace Group will perform the services denoted in tasks outlined in the proposed Scope of Services in accordance with the attached Standard Billing Rates (Exhibit A). These services will be invoiced monthly on an accrued cost basis, and our total fees, including reimbursables will not exceed our estimated fee as noted below without receiving written authorization from the Client.
1. Survey ....................................................................................... $32,000
2. Preliminary Engineering ................................................................... $4,500
3. Construction Documents .................................................................. $32,500
4. Engineering Services During Construction .............................................. $5,000
5. Record Drawings ............................................................................ $6,000 Total for Scope of Services ............................................................... $80,000 Remaining Contract Value* ............................................................... $51,500 Total for Contract Amendment ....................................................... $28,500 *Note, this contract amendment is for a change in scope of services to utilize budget that is already approved within this contract. The remaining value in the contract to date is $51,500. Wallace Group is estimating the work effort for this project to be $85,000, exceeding the current budget allotment.
Revision(s) Represent: Revision(s) Fee:
( ) a change in previous instructions ( ) hourly (time & materials) $ (x) a change in Scope of Services ( ) progress billing:
( ) other: (x) not-to-exceed w/o authorization: $28,500.00 Revision(s) will be invoiced as:
(x) increase to an item within the existing contract
( ) a new item added to existing contract
Issued by,
WALLACE GROUP, a California Corporation APPROVED BY CLIENT:
Kari E. Wagner, PE C66026 ____________________________________ Principal Signature
612 Clarion Court ____________________________________
San Luis Obispo Printed Name
California 93401 ____________________________________
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C:\Program Files\eSCRIBE\TEMP\18492426610\18492426610,,,Report - Sign Ordinance Update .docx Agenda Report
MEETING DATE: Monday, December 5, 2022
TO: City Council
FROM: COMMUNITY DEVELOPMENT DIRECTOR MERRIAM
IVAN CARMONA, ASSOCIATE PLANNER
THROUGH: CITY MANAGER MENDEZ
SUBJECT: AMENDMENTS TO THE WATSONVILLE MUNICIPAL CODE BY AMENDING PART 12 (SIGN PERMIT) OF CHAPTER 14-12
(ZONING PERMITS) OF TITLE 14 (ZONING); REPEALING
CHAPTER 6 (SIGNS) OF TITLE 8 (BUILDING REGULATIONS);
ADDING CHAPTER 14-21 (SIGNS) OF TITLE 14 (ZONING)
RECOMMENDED ACTION:
The Planning Commission recommends that the City Council adopt Ordinances:
a. Amending the Watsonville Municipal Code (“WMC”) Part 12 (Sign Permit) of Chapter 14-12 (Zoning Permits) of Title 14 (Zoning);
b. Amending WMC by repealing Chapter 6 (Signs) of Title 8 (Building Regulations) and adding Chapter 14-21 (Signs) of Title 14 (Zoning);
c. Amending WMC Section 14-40.060 (Clear Corner Triangles) of Chapter 14-40 (General Provisions, Exceptions, and Modifications) of Title 14 (Zoning) and d. Finding that the Sign Ordinance is not a project within the meaning of Section 15378 of CEQA Guidelines because it has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of having a significant effect on the environment.
BACKGROUND:
In conjunction with a review of the Watsonville Municipal Code, it was identified that most sections of the City’s sign ordinance had not been updated since 1967, which presented risk of exposure to potential legal challenges for failure to keep up with evolving First Amendment case law. It was also identified that the Ordinance should be relocated from the Building code to the Zoning code to ensure compliance with land use regulations. Because it has been many years since the City reviewed the existing sign ordinance there were also many changes
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C:\Program Files\eSCRIBE\TEMP\18492426610\18492426610,,,Report - Sign Ordinance Update .docx identified that would make the Ordinance more efficient and effective for the City, its businesses and residents.
The proposed modifications regulating signage in the City was reviewed by the Planning Commission on November 1, 2022. Two members of the public spoke at the hearing asking for more time to review the revised sign ordinance. One Commissioner echoed those concerns after the close of the Public Hearing. The Commission voted 5-1 to recommend that the City Council adopt the proposed modifications to the sign ordinance.
DISCUSSION:
A review of the current Sign Ordinance (Chapter 6 of Title 8) as well as the practical day-today use of the Ordinance revealed that the Ordinance is in need of updating not only to conform to current law, but to help make the code more efficient, clear and effective for the City of Watsonville and its businesses and residents. Research and analysis of similar sign codes helped staff reach the conclusion that the code needs extensive updating. The most efficient way to achieve these updates is to repeal the current sign code and replace it with an entirely new Chapter in the Zoning title of the WMC. Staff is proposing the Sign Ordinance be located under the Zoning Title (Chapter 21 of Title 14) to ensure compliance with land use regulations and the General Plan. Further, amendments to existing permitting sections of the code will need to be updated to conform with the new Sign Ordinance. Those sections include Chapter 14-12 of Title 14 (Sign Permits) and Section 14-40.060 of Chapter 40 of Title 14 regarding clear corner triangles (e.g. sign specifications and design standards to protect visibility at corners of intersections).
Some changes are needed to ensure the Sign Code conforms with the U.S. Supreme Court case of Reed v. Town of Gilbert regarding constitutionally acceptable regulation of speech contained in signs. Essentially, a sign ordinance may violate the First Amendment if it regulates speech based on the content of the message contained in a sign. A regulation "is content based if [it] applies to particular speech because of the topic discussed or the idea or message expressed." (Reed v Town of Gilbert (2015) 576 US 155 [finding the town's ordinance distinguishing between political, ideological, and temporary directional signs is content-based on its face and subject to strict scrutiny].) In other words, there cannot be different regulations for different types of signs, such as political signs, ideological signs or directional signs. The regulations should be limited to size, height, number, location, and physical attributes and should be content-neutral. The proposed update to the Sign Ordinance removes those portions of the code that could give rise to claims of violations of the First Amendment and ensures that the ordinance is content-neutral.
While the current Watsonville Sign Ordinance does not call out content specifically, it does treat signs differently based on what kind of sign it is – e.g. political, directional or ideological.
The proposed updates to the sign ordinance are consistent with current law.
Also, updates to the Sign Ordinance implement the City’s policies and objectives to maintain and improve the aesthetic environment of the City, so as to improve the quality of life and the economic value of the City. The proposed Sign Ordinance update clarifies sign regulations to allow a more uniform treatment of different types of signs in the City. It also updates the
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C:\Program Files\eSCRIBE\TEMP\18492426610\18492426610,,,Report - Sign Ordinance Update .docx permitting process to allow a more efficient, clear and effective process for sign permits for the public.
Overall, the proposed Sign Ordinance update will adjust the Zoning code to conform with current law and make the Ordinance more clear, efficient and effective for the City, its residents and its businesses.
ENVIRONMENTAL REVIEW:
This update to the Sign Ordinance is not a project within the meaning of Section 15378 of CEQA Guidelines because it has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment. (Cal. Code Regs. Tit. 14 sections 15060(c)(2) & (c)(3).) Further, even if the sign ordinance update is a “project” it is exempt from CEQA under Section 15061(b)(3), the “general rule” exemption that states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is exempt from CEQA. The proposed action would make minor changes to the City’s existing regulatory standards for erection and placement of signs that will not have a significant effect on the environment and therefore is exempt from CEQA under the general rule. Further, the proposed amendment is minor in nature due to limitations imposed by local and state standards and do not raise this project to a level of significance that warrants CEQA analysis because the intensity of allowable signage is not increased and there are no potentially significant environmental effects from this proposed amendment.
STRATEGIC PLAN:
This update to the Sign Ordinance follows Strategic Plan Goal 4, by supporting the business community in providing updated regulations for signage.
FINANCIAL IMPACT:
The cost for attorneys to update the Sign Ordinance will be approximately $10,000. This cost will be paid for from CDD revenues in excess of budget for FY 2022.
ALTERNATIVE ACTION:
City Council may choose:
1. Adopt a proposed amendment with revisions; or
2. The City Council may refuse to make any modifications to the Sign Ordinance, however this is not recommended, since there are sections of the Sign Ordinance that are not in compliance with state law.
ATTACHMENTS AND/OR REFERENCES (If any):
Link to the November 1, 2022 Planning Commission hearing
Reso No. ______ (CM) 1
Meeting Date: 120522 SWZ ______ RM ______ CDD ______
ORDINANCE NO. Introduction (CM)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AMENDING PART 12 (SIGN PERMIT) OF CHAPTER 14- 12 (ZONING PERMITS) OF TITLE 14 (ZONING) OF THE WATSONVILLE
MUNICIPAL CODE
Table of Contents
SECTION 1. ENACTMENT. 3
CHAPTER 14-12 ZONING PERMITS 3
Part 12: Sign Permit 3
Sec. 14-12.1200 Purpose. 3
Sec. 14-12.1201 General provisions. 4
Sec. 14-12.1202 Types of Sign Permits. 5
Sec. 14-12.1203 Review Authority. 5
Sec. 14-12.1204 Application Procedure. 5
Sec. 14-12.1205 Public Notice and Hearing. 5
Sec. 14-12.1206 Findings for Approval. 6
Sec. 14-12.1207 Conditions of Approval. 6
Sec. 14-12.1208 Inspection. 6
SECTION 2. RECITALS. 7
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT. 7
SECTION 4. SEVERABILITY. 7
SECTION 5. PUBLICATION. 7
SECTION 6. EFFECTIVE DATE. 8
o-0-o
WHEREAS, the City of Watsonville’s (“City”) sign regulations in Part 12 of Chapter 14-12 of Title 14 is intended to regulate signs located on property over which the City has regulatory authority; and
WHEREAS, the Sign Ordinance maintains and enhances the City’s appearance by regulating the design, character, location, number, quality of materials, size, illumination, and maintenance of signs; and
Reso No. ________ (CM) 2
Meeting Date: 120522
WHEREAS, the Sign Ordinance also minimizes the possible adverse effects of signs on nearby public and private property, including streets and public rights-of-way; and
WHEREAS, without adequate regulation signage can endanger the public, distract drivers, create confusion and foster a negative image of the City on the part of the public; and
WHEREAS, excessive signage can damage view corridors, diminish property values and detrimentally affect the quality of life of City residents, businesses and property owners, visitors and the traveling public; and WHEREAS, the City’s current sign regulations should be enhanced with respect to the design, location, materials, construction and maintenance of signs, as well as the types of signs permitted, while respecting and protecting the right of free speech; and WHEREAS, textual and procedural clarifications and amendments to the City’s current sign regulations should be made so that they are easier for the public to review and for staff to administer; and
WHEREAS, the proposed amendments are consistent with and further implement the goals and policies of the City’s General Plan; and
WHEREAS, on November 1, 2022, the Planning Commission of the City of Watsonville adopted Resolution No. 17-22 (PC), recommending the City Council adopt an Ordinance amending the Watsonville Municipal Code by amending Part 12 (Sign Permits) of Title 14-12 (Zoning Permits) of Title 14 (Zoning); and WHEREAS, the City Council desires to implement modern and objective sign regulations to enhance the character of the City; and
Reso No. ________ (CM) 3
Meeting Date: 120522
WHEREAS, the City Council has reviewed Chapter 14-12, held a public hearing thereon, and found the request to be consistent with the Findings required for a zoning text amendment pursuant to Section 14-12.807 of the Watsonville Municipal Code, attached hereto and marked as Exhibit “A”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. ENACTMENT.
Title 14 (Zoning) of the Watsonville Municipal Code is hereby amended by amending Part 12 (Sign Permit) of Chapter 14-12 (Zoning Permits) to read in words and figures as follows:
CHAPTER 14-12 ZONING PERMITS
Part 12: Sign Permit
Sec. 14-12.1200 Purpose.
The establishment of regulations and minimum standards for the erection and maintenance of outdoor signs and billboards within the City are necessary for the purpose of promoting the public health, safety, and general welfare, and the establishment of such regulations and minimum standards are in accordance with the provisions of and purposes of the Watsonville Municipal Code.
The City Council further finds that the sign provisions provide minimum standards to safeguard life, health, property and public welfare in keeping with the unique character of the City by regulating and controlling the size, height, design, quality of materials, construction, location, electrification, and maintenance of all signs and signs structures
Reso No. ________ (CM) 4
Meeting Date: 120522
not located within a building, and including temporary signs attached to or affixed upon windows, and to accomplish the following results:
(a) To protect and enhance the character of residential neighborhoods, open views and vistas, and property values by prohibiting obtrusive and incompatible signs; (b) To promote and maintain healthy commercial centers and property values for effective communication of the nature of goods and services and avoidance of wasteful, ugly and unsightly competition in signs;
(c) To provide a reasonable and comprehensive system of control of signs, integrated within a part of the general planning program and Zoning Code, and not as a distinct police power that is exercised separate and apart from the zoning power; (d) To encourage signs which are well-designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship and spacing and location;
(e) To encourage a desirable area character with a minimum of overhead clutter;
(f) To attract and direct persons to various activities and enterprises in order to provide for the maximum public convenience; and
(g) To enhance the economic value of the community and each area in it through the regulation of size, location, design and illumination of signs.
Sec. 14-12.1201 General provisions.
It is unlawful for any person to erect, enlarge, alter, or relocate, within the City of Watsonville, any sign or other advertising structure as defined in the Sign Code in Chapter
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Meeting Date: 120522
21 of Title14 of this Code without first obtaining a Sign Permit and where applicable a Building Permit. Sign Permits are valid for 180 days after issuance.
Sec. 14-12.1202 Types of Sign Permits.
The Zoning code establishes two types of sign permits: sign permits reviewed and approved by the Planning Commission and administrative sign permits reviewed and approved by the Zoning Administrator.
Sec. 14-12.1203 Review Authority.
(a) The Zoning Administrator shall take action on all administrative sign permit applications.
(b) The Planning Commission shall take action on all sign permit applications that are not administrative sign permit applications.
Sec. 14-12.1204 Application Procedure.
An application must be submitted by the property owner or by a designated agent on the owner’s behalf on the form provided by the Community Development Department in accordance with Part 4 of Chapter 14-10, with the applicable fee established by resolution. The application shall include the information and materials required by the Community Development Department together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 14-12.1206 (Findings for Approval).
Sec. 14-12.1205 Public Notice and Hearing.
(a) The Planning Commission shall review and act on all non-Administrative Sign Permits at a noticed public hearing in compliance with Part 6 of Chapter 14-10 (Review and Decision by the Planning Commission).
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Meeting Date: 120522
(b) Administrative Sign Permits shall be reviewed by the Zoning Administrator in compliance with Part 5 of Chapter 14-10 (Review and Decision by the Zoning Administrator).
Sec. 14-12.1206 Findings for Approval.
All Level 2 and Level 3 sign permit applications shall be subject to the following findings:
(a) The proposed signs are consistent with the general plan, zoning code, and any applicable specific plan or area plan adopted by the city council. (b) The proposed signs comply with all applicable standards in Chapter 14-21 (Signs).
(c) The proposed signs will not adversely impact the public health, safety, or general welfare.
(d) The number, size, placement, design, and material of the proposed signs are compatible with the architectural design of buildings on the site. (e) The proposed signs are restrained in character and no larger than necessary for adequate identification.
Sec. 14-12.1207 Conditions of Approval.
The reviewing authority may attach conditions of approval to a sign permit to achieve consistency with the general plan, zoning code, and any applicable specific plan or area plan adopted by the city council.
Sec. 14-12.1208 Inspection.
Every sign erected in the City shall be subject to inspection by the Community Development Department to ensure compliance with all provisions of this section and title as amended.
Reso No. ________ (CM) 7
Meeting Date: 120522
SECTION 2. RECITALS.
The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Ordinance.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
SECTION 4. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5. PUBLICATION.
This ordinance shall be published in the Watsonville Register-Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.
Reso No. ________ (CM) 8
Meeting Date: 120522
SECTION 6. EFFECTIVE DATE.
This ordinance shall be in force and take effect thirty (30) days after its final adoption.
***********************************
Reso No. ______ (CM) 1
Meeting Date: 121322 SWZ ______ RM ______ CDD ______
ORDINANCE NO. Introduction (CM)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE REPEALING CHAPTER 6 (SIGNS) OF TITLE 8
(BUILDING REGULATIONS) IN ITS ENTIRETY AND ADDING A NEW CHAPTER 14-21 (SIGNS) OF TITLE 14 (ZONING) OF THE
WATSONVILLE MUNICIPAL CODE
Table of Contents
SECTION 1. ENACTMENT. 3
CHAPTER 14-21 SIGNS 3
14-21.010 Purpose and applicability. 3
14-21.020 Definitions. 4
14-21.030 Permit requirements. 6
14-21.040 Rules of measurement. 9
14-21.050 Signs allowed without permits. 10
14-21.060 Prohibited signs. 12
14-21.070 General sign standards. 15
14-21.080 Standards for specific types of signs. 18
14-21.090 Design standards. 29
14-21.100 Residential signs – Multi-unit properties. 31 14-21.110 Temporary signs. 32
14-21.120 Adjustment to sign standards. 33
14-21.130 Master sign program. 35
14-21.140 Nonconforming signs. 37
14-21.150 Violations and enforcement. 39
SECTION 2. RECITALS. 40
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT. 40
SECTION 4. SEVERABILITY. 41
SECTION 5. PUBLICATION. 41
SECTION 6. EFFECTIVE DATE. 41
o-0-o
WHEREAS, the City of Watsonville’s (“City”) sign regulations in Chapter 8-6 (Signs) is intended to regulate signs located on property over which the City has regulatory authority; and
WHEREAS, the Sign ordinance in Chapter 8-6 dates back to 1967 and does not comply with federal law and does not meet the current needs of business owners in the City; and
Reso No. ______ (CM) 2
Meeting Date: 120522
WHEREAS, the Sign Ordinance maintains and enhances the City’s appearance by regulating the design, character, location, number, quality of materials, size, illumination, and maintenance of signs; and
WHEREAS, the Sign Ordinance also minimizes the possible adverse effects of signs on nearby public and private property, including streets and public rights-of-way; and
WHEREAS, without adequate regulation signage can endanger the public, distract drivers, create confusion and foster a negative image of the City on the part of the public; and
WHEREAS, excessive signage can damage view corridors, diminish property values and detrimentally affect the quality of life of City residents, businesses and property owners, visitors and the traveling public; and WHEREAS, the City’s current sign regulations should be enhanced with respect to the design, location, materials, construction and maintenance of signs, as well as the types of signs permitted, while respecting and protecting the right of free speech; and WHEREAS, textual and procedural clarifications and amendments to the City’s current sign regulations should be made so that they are easier for the public to review and for staff to administer; and
WHEREAS, the proposed amendments are consistent with and further implement the goals and policies of the City’s General Plan; and
WHEREAS, on November 1, 2022, the Planning Commission of the City of Watsonville adopted Resolution No. 17-22 (PC), recommending the City Council adopt an Ordinance amending the Watsonville Municipal Code by repealing Chapter 6 (Signs)
Reso No. ______ (CM) 3
Meeting Date: 120522
of Title 8 (Building Regulations) and adding Chapter 14-21 (Signs) of Title 14 (Zoning); and
WHEREAS, the City Council desires to implement modern and objective sign regulations to enhance the character of the City; and
WHEREAS, the City Council has reviewed Chapter 14-21, held a public hearing thereon, and found the request to be consistent with the Findings required for a zoning text amendment pursuant to Section 14-12.807 of the Watsonville Municipal Code, attached hereto and marked as Exhibit “A”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. ENACTMENT.
Chapter 6 (Signs) of Title 8 (Building Regulations) of the Watsonville Municipal Code is hereby rescinded in its entirety and Title 14 (Zoning) is hereby amended by adding a new Chapter 14-21(Signs) to read in words and figures as follows:
CHAPTER 14-21 SIGNS
Sec. 14-21.010 Purpose and applicability.
(a) Purpose. This chapter establishes standards relating to the permitted type, size, height, placement, number, and design of signs. The intent of these standards is to:
(1) Support economically viable businesses serving city residents, workers, and visitors.
(2) Allow for signage that identifies businesses in a fair and equitable manner.
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Meeting Date: 120522
(3) Protect and enhance the aesthetic qualities of the city. (4) Minimize hazards to motorists and pedestrians resulting from excessive, confusing, and distracting signs.
(5) Allow for a simple and streamlined sign permitting process. (b) Applicability. This chapter applies to all signs in Watsonville, except for city-installed signs and signs required by a governmental agency to carry out its responsibility to protect the public health, safety, and general welfare.
Sec. 14-21.020 Definitions.
The following definitions apply to this chapter:
(a) “Awning sign” means a sign incorporated into, attached, or painted on an awning.
(b) “Awning face sign” means a sign located on the sloping plane face of an awning.
(c) “Awning valance sign” means a sign located on the valance of an awning perpendicular to the ground.
(d) “Beacon Sign” means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move. (e) “Canopy Sign” means any sign that is part of or attached to an awning, canopy, or other material, or structural protective cover over a door, entrance, window, or outdoor service area.
(f) “Center Identification Sign” means a sign identifying the name of a Shopping Center and that does not include the name of any business within the center.
Reso No. ______ (CM) 5
Meeting Date: 120522
(g) “Commercial message” means any sign that directly or indirectly names, draws attention to, or advertises a business, product, good, service, or other commercial activity, or which proposes a commercial transaction.
(h) “Commercial sign” means a sign with a commercial message. (i) “Construction site sign” means an on-premises sign for an approved construction project that publicizes the future building and occupants as well as the architects, engineers and construction organizations involved in the project. (j) “Directory sign” means an on-premises sign which shows the direction to or location of a customer entrance to a business.
(k) “Election period” means the period beginning one hundred twenty days before and ending one day after any national, state, or local election in which city electors may vote.
(l) “Flags” means fabric, textile, or material with colors and/or patterns which display a symbol of a nation, state, company, or idea.
(m) “Marquee Sign” means any sign attached to or supported by a marquee, which is a permanent roof-like projecting structure attached to a building. (n) “Monument sign” means an independent, freestanding structure supported on the ground as opposed to being supported on the building. Monument signs may contain center identification in addition to business identification. (o) “Projecting sign” means any sign permanently attached to a building or wall such that the sign face or faces are perpendicular to the building or wall. (p) “Roof sign” means any sign that is mounted on a roof or a parapet of a building.
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(q) “Sandwich sign” means movable or permanent business identification signs placed in front of a business, located on private property. (r) “Shopping Center” means a commercial building or group of buildings operated as a unit on a single parcel, sharing common parking areas or commonly owned adjacent parcels.
(s) “Sign” means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise or announce the purpose of a business or entity, or to communicate information of any kind to the public. (t) Sign Area. See Section 14-21.040 (A) (Calculation of Sign Area). (u) “Sign copy” means the area of a sign occupied by letters, numbers, graphics, or other content intended to inform, direct, or otherwise transmit information. (v) “Sign face” means the area of a sign where Sign copy is placed. (w) “Wall sign” means a sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.
(x) “Window sign” means a sign posted, painted, placed, or affixed in or on a window exposed to public view or within one foot and parallel to a window exposed to public view.
Sec. 14-21.030 Permit requirements.
(a) Level 1 Sign Permits. A Level 1 Sign Permit (Chapter 14-12) is required to install, construct, or enlarge any sign, except for:
(1) Signs exempt from the permit requirements of this chapter as specified in Section 14-21.050 (Signs allowed without permits).
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(2) Signs requiring a Special Sign Permit as identified in subsection B of this section.
(3) Signs requiring a Special Sign Permit as identified in subsection C of this section.
(b) Level 2 Sign Permits. A Level 2 Sign Permit (Chapter 14-12) is required for the following types of signs:
(1) Exterior neon signs.
(2) Monument signs for more than four commercial tenants. (c) Level 3 Sign Permits. Planning Commission approval (Chapter 14-12.1200) is required for the following types of signs and approvals:
(1) Auto dealership signs in the CT zoning district (Section 14-
21.080(A)) that are not otherwise allowed with an administrative sign permit. (2) Adjustments to sign standards in low visibility areas in commercial zoning districts (Section 14-21.120(E)).
(3) Signs that do not conform with permitted sign types and standards in Section 14-21.080 (Standards for specific types of signs). (4) Master sign programs (Section 14-21.130).
(d) Noncommercial Signs. Noncommercial signs are allowed wherever commercial signs are permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. (e) Message Neutrality.
(1) It is the city’s policy to regulate signs in a constitutional manner that does not favor commercial speech over noncommercial speech, and is content
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neutral as to noncommercial messages which are within the protections of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution.
(2) Where necessary, the Zoning Administrator will interpret the meaning and applicability of this chapter in light of this message neutrality policy. (f) Message Substitution.
(1) Subject to the property owner’s consent, a message of any type may be substituted, in whole or in part, for the message displayed on any legally established sign.
(2) Message substitutions are allowed by right without a permit. (3) This message substitution provision does not:
(i) Create a right to increase the total amount of signage beyond that otherwise allowed or existing;
(ii) Affect the requirement that a sign structure or mounting device be properly permitted, when a permit requirement applies; (iii) Allow a change in the physical structure of a sign or its mounting device;
(iv) Allow the establishment of a prohibited sign as identified in Section 14-21.060 (Prohibited signs); or
(v) Nullify or eliminate any contractual obligation through a development agreement or similar agreement that specifies the allowable content of a sign.
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(g) City-Installed Signs. City-installed signs in all zoning districts do not require a permit.
(h) Other Government-Installed Signs. Governmental agency-installed signs to carry out its responsibility to protect the public health, safety, and general welfare in all zoning districts do not require a permit.
Sec. 14-21.040 Rules of measurement.
(a) Calculation of Sign Area.
(1) Sign area is measured as the area of all sign copy, framing, or other display enclosed within a continuous perimeter forming a single geometric shape with no more than six sides. See Figure 14-21-1.
Figure 14-21-1: Measurement of Sign Area
(2) Supporting framework or bracing that is clearly incidental to the display itself shall not be calculated as sign area.
(3) The area of a double-faced (back-to-back) sign shall be calculated as a single sign face when the two faces are parallel with each other.
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(4) The area of spherical, free-form, sculptural or other nonplanar signs are measured as fifty percent of the sum of the area enclosed within the four vertical sides of the smallest four-sided polyhedron that will encompass the sign structure. See Figure 14-21-2.
Figure 14-21-2: Nonplanar Sign Area
(b) Monument Sign Height Measurement. The height of a monument or other freestanding sign is measured as the vertical distance from the sidewalk or top of curb nearest the base of the sign to the top of the highest element of the sign.
Sec. 14-21.050 Signs allowed without permits.
(a) Types of Signs. The following signs are allowed without a planning permit and shall not be counted towards the allowable sign area or number of signs on a parcel:
(1) On-site directional signs which do not include commercial messages or images, not to exceed three feet in height and six square feet in area. (2) Informational signs which do not include commercial messages or images, displayed for the safety and convenience of the public, providing
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information such as “restrooms,” “danger,” “impaired clearance,” “no smoking,” “parking in rear,” “coastal access,” and other signs of a similar nature. (3) Flags bearing noncommercial messages or graphic symbols. (4) One commemorative plaque identifying a building name, date of construction, or similar information that is cut into, carved, or made of stone, concrete, metal, or other similar permanent material.
(5) One bulletin board on a parcel occupied by a noncommercial organization, with a maximum area not to exceed the provisions of this Chapter. (6) Political signs during an election period located outside of a public street, path, or right-of-way except to the extent such signs are prohibited by state or federal law.
(7) Constitutionally protected noncommercial message signs, with a maximum area not to exceed the provisions of this Chapter. (8) Signs within a building, or on the premises of a building, that are not visible from the public right-of-way and are intended for interior viewing only. (9) Murals on the exterior of a building that do not advertise a product, business, or service, are subject to the procedures outlined for Public Art in WMC Chapter 8-20.
(10) Official or legal notices required by a court order or governmental agency.
(11) Signs installed by a governmental agency within the public right-ofway.
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(12) Signs, postings, or notices required by a governmental agency to carry out its responsibility to protect the public health, safety, and general welfare. (13) Restaurant menu signs and menu boxes attached to a building, with a maximum area not to exceed the provisions of this Chapter. Such signage shall not extend more than six-inches from the exterior wall to which it is attached. (14) Real estate listings posted in the window of a real estate office, with a maximum area not to exceed the provisions of this Chapter. (15) Residential signs not requiring a building permit as specified in Section 14-21.100 (Residential signs – Multi-unit properties). (16) Temporary signs allowed without a permit as provided in Section 14-
21.110 (Temporary signs).
(17) Vacation rental signs up to twelve inches by twelve inches. (18) Garage sale signs limited to the day of the garage sale. (b) Building Permit Review. Planning staff shall review all proposed signs listed in subsection A of this section that require a building permit to verify compliance with all applicable standards.
(c) Changes to Sign Face. Changes to a sign face that do not structurally alter or enlarge a legally established sign and utilize similar materials shall not require a planning permit.
(d) Routine Maintenance. The painting, cleaning, repair, and normal maintenance of a legally established sign shall not require a planning permit.
Sec. 14-21.060 Prohibited signs.
(a) Prohibited Sign Types. The following types of signs are prohibited:
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(1) Signs or sign structures which have become a public nuisance or hazard due to inadequate maintenance, dilapidation, or abandonment. (2) Portable signs placed in the public right of way.
(3) Roof signs.
(4) Signs painted on buildings.
(5) Signs emitting odors, gases, or fluids.
(6) Signs that feature a flag, pennant, whirligig, or any device which is designed to wave, flutter, rotate or display other movement under the influence of wind, excluding flags and insignia of any government.
(7) Digital display and electronic reader-board signs which allow the image on a sign to be changed by electronic control methods, except for digital gas and service station signs consistent with Section 14-21.080(H) (Gas and Service Station Signs) and parking garage signs consistent with Section 14-
21.080(I) (Parking Garage Signs).
(8) Animated signs, with the exception of clocks and barber poles. (9) Signs that emit sound.
(10) Signs which simulate in size, color, lettering, or design a traffic control sign or signal.
(11) Signs which flash, blink, change color, or change intensity placed on the exterior of a property, and/or when visible from outside the premises. (12) Beacon Signs.
(13) Signs mounted or attached to a vehicle parked for the purpose of calling attention to or advertising a business establishment.
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(14) Signs that have been abandoned, or whose advertised use has ceased to function for a period of ninety days or more. (15) Signs adversely affecting traffic control or safety. (16) Signs with exposed raceways.
(17) Signs attached to trees.
(18) Signs erected or maintained with horizontal or vertical clearance from overhead utilities less than required by federal, state and/or local agencies. (19) Signs erected for the dominant purpose of being seen by travelers on a freeway, except for parcels located within 700 feet of Highway 1. (20) Inflatable signs and balloons greater than fifteen inches in diameter, except for temporary auto dealership signs.
(21) Signs on or affecting public property (e.g., “tenant parking only”) not placed there by the public entity having the possessory interest in such property. (b) Prohibited Sign Content.
(1) The following sign content is prohibited:
(i) Obscene or indecent text or graphics.
(ii) Text or graphics that advertise unlawful activity. (iii) Text or graphics that constitute defamation, incitement to imminent lawless action, or true threats of violence or harm. (iv) Text or graphics that present a clear and present danger due to their potential confusion with signs that provide public safety information (for example, signs that use the words “Caution,” or “Danger,” or
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comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist).
(2) The content prohibited by subsection (B)(1) of this section is either not protected by the United States or California Constitution or is offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the city council that each subsection of subsection (B)(1) of this section be individually severable in the event that a court of competent jurisdiction were to hold one or more of them to be inconsistent with the United States or California Constitution.
Sec. 14-21.070 General sign standards.
(a) Maximum Permitted Sign Area. Table 14-21-1 identifies the maximum cumulative/total sign area permitted on a property in each zoning district. Each business may have a mix of the sign types allowed by Section 14-21.080 (Standards for specific types of signs) provided the area of all signs on the property does not exceed the maximum established in Table 14-21-1.
Table 14-21-1: Sign Area Standards
Zoning District Area per Linear Foot of Building Frontage DWSP Area 0.5 sq. ft. per linear foot 36 sq. ft. max
IG, IP, CT, CV,CNS, CC,CO, CN
Zoning
2 sq. ft. per linear foot 300 sq. ft. max
PF, N As determined through sign permit
PD As determined through the development plan
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(b) Maintenance. Signs, including all supports, braces, and anchors, shall be maintained in a state of good repair at all times. Damage to signs, including cracked sign faces, frayed or weathered fabric, and broken lighting shall be repaired promptly. (c) Building Surface Repair. When an existing sign is replaced or modified, any newly exposed portions of a building surface on which the sign is displayed shall be repaired and repainted to restore a uniform appearance to the surface. Compliance with this requirement includes the removal of any excess conduit and supports, and the patching or filling of any exposed holes.
(d) Illumination.
(1) Nonresidential signs may be internally or externally illuminated except where specifically prohibited. Internal illumination is permitted only when the portion of the sign that appears illuminated is primarily the sign lettering, registered trademark, or logo. Internally illuminated boxes are prohibited, except that the copy of an existing internally illuminated box sign may be replaced with a change of business.
(2) The light source for externally illuminated signs shall be positioned so that light does not shine directly on adjoining properties or cause glare for motorists or pedestrians.
(3) Exposed bulbs are not permitted.
(4) Internal illumination is prohibited in the Downtown Core and Downtown Gateway
(5) Where sign lighting is permitted, only indirect illumination or lowintensity interior illumination shall be used. It is preferred that lighted signs be
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designed with light-colored translucent letters and logos, on a semi-opaque dark background. Any permitted sign lighting shall be unobtrusive to adjacent properties and any glare shall be directed onto the site.
(e) Materials and Design.
(1) Except for interior window signs, all permanent signs shall be constructed of wood, metal, plastic, glass, or similar durable and weatherproof material.
(2) The design of signs, including its shape, features, materials, colors, and textures, shall be compatible with the design character of the development or use it identifies and will not have an adverse effect on the character and integrity of the surrounding area.
(f) Location and Placement.
(1) All signs shall be located on the same parcel as the business or use that it serves, except as otherwise allowed by this chapter. (2) Signs shall not obstruct the ingress to, or egress from, a door, window, fire escape, or other required access-way.
(3) Signs shall not interfere with visibility at an intersection, public rightof-way, driveway, or other point of ingress/egress. The city may require sign setbacks greater than specified in this chapter as needed to maintain adequate visibility for motorists and pedestrians. See Section 14-40.060 (Clear Corner Triangles).
(g) Signs in the Public Right-of-Way.
(1) No sign shall be permitted in the public right-of-way, except for:
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(i) Signs installed or required by a governmental agency. (ii) Awning, Canopy, Marquee, Projecting, or suspended signs attached to a building wall subject to the requirements in Section 14-
21.080 (Standards for specific types of signs).
(iii) Shared auto dealership signs consistent with Section 14-
21.080(A) (Auto Dealership Signs).
(2) Any sign illegally installed or placed on public property shall be subject to removal and disposal as specified in Section 14-21.150 (Violations and enforcement). The city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of the sign.
Sec. 14-21.080 Standards for specific types of signs.
Signs consistent with the standards in this section are allowed with an administrative permit unless planning commission approval of a sign permit is specifically required.
Signs that deviate from the standards in this section may be allowed with planning commission approval of a sign permit in accordance with Section 14-21.120 (Adjustment to sign standards).
(a) Auto Dealership Signs.
(1) In addition to signs allowed with an administrative sign permit (Section 14-21.030(A)), the planning commission may allow special auto dealership signage in the CT zoning district with approval of a sign permit subject to the following standards:
(i) Location: on or adjacent to an auto dealership land use.
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(ii) Placement: ten-foot minimum setback from property
line abutting the public right-of-way.
(iii) Maximum height: at or below roof line.
(iv) The planning commission shall review the sign permit application if the total combined sign area on the site exceeds one hundred square feet.
(v) The planning commission may allow one shared sign used by multiple auto dealerships at the entry of Auto Center Drive which extends into or above the public right-of-way. If sign extends into public right of way, an encroachment permit is required.
The planning commission may allow temporary auto dealership signage, such as signage on light poles, flags, and pennants that deviate from temporary sign standards in Section 14-21.110 (Temporary signs) with the approval of a sign permit. (b) Awning Signs.
(1) Standards for awning signs in each zoning district are as shown in Table 14-21-2.
(2) Awning signs shall be located on the awning above a display window or the entrance to the business it serves.
(3) An awning sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.
Note: In the planned development (PD) zoning district, standards for awning signs shall be established by the city council in the development plan. (c) Monument Signs.
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(1) Standards for monument signs in each zoning district are as shown in Table 14-21-3.
Table 14-21-3: Monument Sign Standards
Zoning District Maximum Area Maximum Height Maximum Number DWSP Downtown Core, Downtown
Gateway Not permitted
DWSP Neighborhood and Industrial Flex 16 sq. ft. 4 ft. 1 per property CT, CNS, CV 200 sq. ft. 15 ft.
1 per building frontage CC, CN
100 sq. ft. 4 ft.
IG, IP
Note: In the P/QP and N zoning districts, standards for monument signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for monument signs shall be established by the city council in the development plan. (2) Monument signs shall be placed on the property of the business associated with the sign.
(3) Where two monument signs are allowed on a corner parcel, each sign shall be placed at least one hundred feet from the intersection corner.
Table 14-21-2: Awning Sign Standards
Awning Face Sign Awning Valance Sign
Zoning
District Maximum Area Maximum Number
Maximum
Area
Maximum
Letter Height Maximum Number
Downtown
Specific Plan
Area
Sign permit required (Chapter
14-12.1200)
75 percent of
valance
Two-thirds of
valance height
1 sign per awning located
on either the awning face
or the awning valance
All other nonresidential
zoning
districts
30 percent of
awning face
1 sign per
awning
located on
either the
awning face or
the awning
valance
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(4) A monument sign for up to four tenants may be approved with an administrative sign permit. Monument signs listing more than four tenants require planning commission approval of a sign permit.
(5) The area surrounding the base of a monument sign shall be landscaped with a minimum three-foot wide planter area (on each side of the sign) to include drought-tolerant species.
(6) Monument signs shall be placed at least 10 feet away from any public or private driveway.
(7) Monument signs shall be placed at least five feet behind sidewalk or property line, whichever is greater.
(8) The height of a monument sign is measured as the vertical distance from the sidewalk or top of curb nearest the base of the sign to the top of the highest element of the sign.
(9) Monument signs are not allowed in conjunction with wall signs on a property with three or fewer businesses.
(10) The placement of monument signs shall meet the requirements of Chapter 14-40.060 (Clear Corner Triangles)
(d) Center Identification Signs.
(1) Standards for Center Identification Signs in each zoning district are as shown in Table 14-21-4.
(2) Center Identification Signs shall identify the name of the Shopping Center but may not include the name of any business or businesses within the Shopping Center.
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(3) No more than one freestanding sign is permitted per Shopping Center street frontage. If a monument sign is located along the Shopping Center frontage, an additional Center Identification Sign is not permitted.
Table 14-21-4: Center Identification Sign Standards
Zoning District Maximum Area Maximum Height Maximum Number DWSP Core and Gateway
districts Not permitted
CT, CNS, CV 60 sq. ft.
5 ft. 1 per shopping center
CC, CN, CO 35 sq. ft.
I Not permitted
Note: In the planned development (PD) zoning district, standards for Center Identification Signs shall be established by the city council in the development plan.
(e) Directory Signs.
(1) Standards for Directory Signs in each zoning district are as shown in Table 14-21-5
(2) Directory Signs may not be legible from adjacent public rights-ofway. (3) Directory Signs shall identify the names of the occupants of the building or complex.
Table 14-21-5: Directory Sign Standards
Zoning District Maximum
Area Maximum Height
DWSP Gateway and
core
12 sq. ft.
4 ft.
DWSP flex
neighborhoods 16 sq. ft.
CT, CNS, CV 30 sq. ft.
5 ft.
CC, CN, CO 25 sq. ft.
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Table 14-21-5: Directory Sign Standards
Zoning District Maximum
Area Maximum Height
IG/IP 25 sq. ft. 4 ft.
Note: In the P/QP and N zoning districts, standards for Directory Signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for Directory Signs shall be established by the city council in the development plan. (f) Wall Signs.
(1) Standards for Wall Signs in each zoning district are as shown in Table 14-21-6
(2) Wall Signs shall be attached parallel to the exterior wall of the business associated with the sign and may not extend above the top of building wall.
(3) Wall Signs may be in cabinets, on wood, or on similar material attached to the wall or painted directly on the wall.
(4) Any portion of a Wall Sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet. (5) Wall Signs are not allowed in conjunction with a monument sign on a property with three or fewer businesses.
(6) On a corner lot, one Wall Sign is allowed per street frontage.
Table 14-21-6: Wall Sign Standards
Zoning District [1] Maximum Area
Maximum
Projection
from Wall
Maximum
Number
DWSP core and gateway 0.5 sq. ft. per linear foot of shopfront, not to exceed 36 sq. ft. max 4 in. 1 per
DWSP flex neighborhoods shopfront
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Table 14-21-6: Wall Sign Standards
Zoning District [1] Maximum Area
Maximum
Projection
from Wall
Maximum
Number
All other non-residential zoning
districts
2.0 sq. ft. per linear foot of shopfront, not to
exceed 300 sq. ft. 12 in. 1 per shopfront
Notes:[1] In the P/QP and N zoning districts, standards for wall signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for wall signs shall be established by the city council in the development plan. (g) Projecting Signs.
(1) Standards for Projecting Signs in each zoning district are as shown in Table 14-21-7
(2) Projecting Signs shall be attached to the ground-floor exterior wall of the business associated with the sign and may not extend above the top of the second-story finished floor.
(3) Projecting Signs shall maintain a minimum two-foot horizontal clearance from a driveway or street curb.
(4) An encroachment permit must be obtained for all signs projecting over a public right-of-way.
(5) A Projecting Sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.
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Table 14-21-7: Projecting Sign
Standards
Zoning
District
Maximum
Area
Maximum
Projection
from Wall
Maximum
Number
Downtown
Core and
Gateway 4 sq. ft. 4 ft.
1 per
business
entryway or
storefront
All other
nonresidential
zoning
districts
8 sq. ft. 4 ft.
1 per
business
entryway or
storefront
Note: In the P/QP and N zoning districts, standards for projecting signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for projecting signs shall be established by the city council in the development plan. (h) Gas and Service Station Signs. In addition to signs allowed with an administrative sign permit (Section 14-21.030(A)), the planning commission may allow special gas and service station signs that comply with the following standards:
(1) A maximum of two signs, not exceeding four square feet, shall be allowed on each pump island to denote either full service or self-service. (2) No other signs will be allowed to be attached to pumps or islands other than required by state law. (See Business and Professions Code Section 13530.)
(3) A six-foot-high monument sign which displays prices charged, credit cards accepted or special services rendered shall be allowed on each street frontage.
(4) Digital changeable copy signs for gasoline pricing are permitted.
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(5) Two additional signs up to a maximum of one square foot are permitted to advertise ancillary services such as ATMs and propane. Such signs must be attached to another sign or structure and may not be a portable freestanding sign.
(i) Parking Garage Signs. A maximum of one digital display sign not exceeding four square feet on each street frontage is permitted to show the number of available parking spaces.
(j) Window Signs.
(1) Standards for window signs in each zoning district are as shown in Table 14-21-8.
(2) Window signs may be attached only to the inside of a ground-floor window of the business associated with the sign.
(3) Window signs must be professionally fabricated. No hand-written signs are allowed.
(4) Interior signs within one foot of a window and publicly visible from outside of the building shall be included in the calculation of sign area for the property.
Table 14-21-8: Window Sign Standards
Zoning District Maximum Area
DWSP area 25 percent of
window
All other non-residential
zoning districts
30 percent of
window
Note: In the P/QP and N zoning districts, standards for window signs shall be established by the planning commission through a sign permit. In the
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planned development (PD) zoning district, standards for window signs shall be established by the city council in the development plan. (k) Sandwich Signs.
(1) Where Allowed. Sandwich signs are permitted only in the CT, CNS, CN, CV and CO Zoning Districts
(2) Permits Required.
(i) Sandwich signs consistent with this section and as illustrated in Figure 14-21-3 can be issued a temporary sign permit by the community development director.
(ii) All sandwich signs shall be located with 5-feet of the main entrance to the business, and shall leave a minimum 78-inch clearance for pedestrians. Sandwich signs are not allowed adjacent to the roadway or in the public-right-of-way.
Figure 14-21-3: Sandwich Sign Standards and Design Concepts
(3) Dimensions. Sandwich signs shall comply with the dimension standards in Table 14-21-9.
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Table 14-21-9: Sandwich Sign Standards
Zoning District
Sign Face Entire Sign
Maximum
Area
Maximum
Width
Maximum Hei
ght Maximum Height [1]
CT, CNS, CN, CV
and CO Zoning
Districts
3.75 sq.
ft. 18 in. 32 in. 58 in.
All Other Zoning
Districts Not permitted
Note: [1] Measured from ground to top of sign.
(4) Number of Signs.
(i) Only one two-sided sandwich sign per business
establishment is permitted.
(ii) Multi-tenant developments are permitted one sandwich sign per each common exterior public business entrance.
(5) Materials and Design.
(i) Lights, banners, flags or similar objects shall not be placed on or adjacent to sandwich signs.
(ii) Sign faces shall be constructed of solid wood, metal, or similar durable and weatherproof material.
(iii) No sandwich sign may contain lights of any kind.
(6) Sandwich Clearance.
(i) Sandwich signs shall leave a minimum 48-inch clearance for pedestrians.
(ii) Sandwich signs shall not interfere with pedestrian ingress or egress as required by the building code or obstruct vehicular traffic sight
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distance requirements. A forty-eight-inch level clear path of travel on concrete or similar material must be maintained where the sign is located. (7) Separation from Other Sandwich Signs. Sandwich signs shall be spaced a minimum of thirty linear feet from all other permitted sandwich signs. (8) Display During Open Hours. Sandwich signs may be used only during the hours when the business is open to the public. At all other times the sign must be stored within the business premises.
(9) Advertising Multiple Businesses. Individual signs may advertise more than one business.
(10) Other Business Signage.
(i) No other temporary advertising signs (Section 14-21.110) may be used at the same time as the sandwich sign is in use. (ii) All other signs on the property must be in conformance with the city’s sign regulations prior to a sandwich sign permit being issued.
Sec. 14-21.090 Design standards.
(a) Design Standards for the Downtown Watsonville Specific Plan Area. The following design standards apply to all signs in the Downtown Watsonville Specific Plan Area:
(1) Signs shall preserve, complement, or enhance the architectural composition and features of the building to which it is attached. Signs may not cover or obscure significant architectural details of the building to which it is attached.
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(2) Signs shall be coordinated with the overall facade composition, including ornamental details and other signs on the building to which it is attached. (3) Signs shall be mounted to fit within existing architectural features.
The shape of the sign shall be used to reinforce the relationship of moldings and transoms seen along the street.
(4) Signs shall be located and designed so that they are legible when viewed from the sidewalk. Sign letter styles and sizes shall be designed for legibility from the sidewalk, not the street.
(5) To the extent possible, sign attachment parts shall be reused in their original location (holes in the facade or fixing positions) to protect the original building materials.
(6) Internally illuminated signs are prohibited.
(7) Wiring conduit for sign lighting shall be carefully routed to avoid damage to architectural details and to be concealed from view as much as possible.
(8) Sign materials and colors shall be compatible with the period and style of building to which is it is attached. Sign panels shall avoid the extensive use of primary colors or significant areas of white or cream. (9) Letters and logos shall be raised, routed into the sign face, or designed to give the sign variety and depth.
(10) The sign will not have a significant adverse effect on the character and integrity of the surrounding area.
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(b) Design Standards for Commercial Zoning Districts. The following design standards apply to all signs in the CC, CT, CV, CNS, CO, IP and IG zoning districts:
(1) Sign design shall conform to and be in harmony with the architectural character of the building.
(2) Signs shall be symmetrically located within a defined architectural space.
(3) Internally illuminated signs are permitted only when the portion of the sign that appears illuminated is primarily the sign lettering, registered trademark, or logo. Large panel internally illuminated signs are prohibited. (4) The design of monument and other freestanding signs shall relate to the architecture of the building or development they serve. Exterior materials, finishes and colors shall be the same or similar to those of the building or structures on site.
(5) Letters and logos shall be raised, routed into the sign face, or designed to give the sign variety and depth.
Sec. 14-21.100 Residential signs – Multi-unit properties.
Multi-unit properties may display one or more master signs subject to the following requirements:
(a) A master sign program (Section 14-21.130) has been approved for the multi-unit property.
(b) Maximum allowable sign area: twenty square feet per property. (c) A master sign for a multi-unit property requires an administrative sign permit.
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Sec. 14-21.110 Temporary signs.
(a) Permitted Temporary Signs. Table 14-21-10 (Temporary Sign Standards) identifies temporary signs permitted either by right or with the approval of an administrative sign permit. The planning commission may allow other types of temporary signs or temporary signs that do not comply with the standards in Table 14-21-10 with approval of a sign permit.
Table 14-21-10: Temporary Sign Standards
Sign Type Permit
Required Use Restriction Maximum Number Maximum Area/Size Maximum
Duration
Auto Dealership Signs
– Flags
– Pennants
– Balloons
None Auto
dealerships on
Auto Plaza
Drive only
No maximum 0.5 sq. ft. per linear
business frontage;
30 sq. ft. max; 1/3
of window max
Year-round; must
be maintained in
good condition
Commercial Banner
Signs
Administrative
Sign Permit
Nonresidential
uses only
1 per 500 ft. of
linear building frontage;
2 signs maximum
30 sq. ft. 60 continuous
calendar days; no
more than 60
days each
calendar year
Construction Site Signs
– Residential
None Residential
uses only
1 per 500 ft. of
linear building frontage;
2 signs maximum
Height: 5 ft.
Area: 12 sq. ft.
From issuance
of building permit
to certificate of
occupancy
Construction Site Signs
– Nonresidential
None Commercial
and industrial
uses only
1 per 500 ft. of
linear building frontage;
2 signs maximum
Height: 8 ft.
Area: 40 sq. ft.
From issuance
of building permit
to certificate of
occupancy
For Sale, Lease, and
Rent Signs,
Nonresidential
None Commercial
and industrial
uses only
1 per property Height: 8 ft.
Area: 40 sq. ft.
1 year; director
may approve
extension
For Sale, Lease, and
Rent Signs, Residential
None Residential
uses only
1 per property Height: 4 ft.
Area: 6 sq. ft.
180 days; director
may approve
extension
Open House or Model
Home
None None 1 per property and 1 on
other property with
owner consent
Height: 4 ft.
Area: 6 sq. ft.
Limited to day of
open house
Special Event None Special events 1 per property and 1 on other property with
owner consent
Height: 4 ft.
Area: 6 sq. ft.
Limited to day of
special event
Residential Subdivision Administrative
Sign Permit
Residential
subdivisions
and
condominiums
located in the
city
1 per subdivision Height: 10 ft.
Area: 40 sq. ft.
180 days or upon
the sale of the last
unit, whichever
comes first
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Sec. 14-21.120 Adjustment to sign standards.
This section establishes procedures to allow the planning commission to approve signs that deviate from certain standards to provide reasonable flexibility in the administration of the sign ordinance.
(a) Permit Required. Adjustments to sign standards allowed by this section require planning commission approval of a sign permit.
(b) Permitted Adjustments. The planning commission may allow adjustment to the following sign standards:
(1) The type of sign allowed in nonresidential zoning districts (e.g., awning signs, monument signs).
(2) Requirements for temporary signs.
(3) The maximum permitted sign area up to a twenty-five percent increase.
(4) The maximum permitted sign height up to a twenty-five percent increase.
(c) Excluded Adjustments. The planning commission may not use the sign standards adjustment process to approve deviations to the following sign standards:
(1) Prohibited signs (Section 14-21.060).
(2) Maximum number of signs allowed per property, except as provided in Section 14-21.120(E) below.
(3) Residential signs (Section 14-21.100).
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(d) Findings. The planning commission may approve an adjustment to sign standards as allowed by this section if the following findings can be made in addition to findings required to approve sign permit applications:
(1) The sign will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located. (2) The sign will not adversely impact neighboring properties or the community at large.
(3) The adjustment is necessary due to unique characteristics of the subject property, structure, or use.
(4) The sign will be consistent with the purpose of the zoning district, the general plan, and any adopted area or neighborhood plan. (e) Low Visibility Commercial Properties.
(1) In addition to adjustments allowed by subsections A through D of this section, the planning commission may allow additional adjustments to sign standards for low visibility properties in a commercial zoning district. A low visibility property means a property where signage consistent with applicable standards would not be easily visible from the street or sidewalk due to the width of street frontage, parcel depth or configuration, placement of buildings on the property, topography, vegetation, or other physical characteristic of the property. (2) Adjustments to sign standards for low visibility properties require planning commission approval of a sign permit.
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(3) Adjustments are allowed to required sign types, height, size, placement, and number. Adjustments may not allow for prohibited signs or monument signs.
(4) The planning commission may approve additional or variations to any type of signage upon making the following findings:
(i) The special signage, as designed and conditioned, is necessary and appropriate for the subject commercial site, in order to allow the site and the businesses located within it to be competitive with other businesses of a similar nature located elsewhere, and/or to be competitive with industry standards governing sale of the merchandise offered at the site.
(ii) The special signage, as designed and conditioned, will not have a significant adverse effect on the character and integrity of the surrounding area.
Sec. 14-21.130 Master sign program.
(a) Purpose. The purpose of the master sign program is to provide a coordinated approach to signage for multifamily development and multi-tenant commercial developments.
(b) Applicability. A master sign program is required for multifamily uses with more than one permanent sign proposed, and any nonresidential development with four or more tenants. A master sign program is required for new development and any substantial modifications to existing development.
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(c) Permit Required. A master sign program requires planning commission approval.
(d) Applications. Applications shall be filed with the planning department on the appropriate city forms, together with all the necessary fees, deposits, exhibits, maps, and other information required by the department to clearly and accurately describe the proposed master sign program.
(e) Master Sign Program Contents. All master sign programs shall identify the materials, color, size, type, placement and general design of signs located on a project or property.
(f) Design Standards.
(1) Master sign programs shall feature a unified and coordinated approach to the materials, size, type, placement and general design of signs proposed for a project or property. Master sign programs may allow for variety in the design of individual signs.
(2) A master sign program may deviate from standards contained in this chapter relating to permitted sign height, number of signs, sign area, and type of sign. A master sign program may not allow prohibited signs as identified in Section 14-21.060 (Prohibited signs).
(g) The planning commission may approve variations to any type of signage upon making the following findings in addition to the findings listed in Chapter 14-12.1206:
(1) The variation to sign standards, as designed and conditioned, is necessary and appropriate for the subject commercial site, in order to allow the site and the businesses located within it to be competitive with other
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businesses of a similar nature located elsewhere, and/or to be competitive with industry standards governing sale of the merchandise offered at the site. (2) The variation to sign standards, as designed and conditioned, will not have a significant adverse effect on the safety, character and integrity of the surrounding area.
(h) Effect of Master Sign Program.
(1) All subsequent signs proposed for a development or property subject to an approved master sign program shall comply with the standards and specifications included in the master sign program.
(2) Signs consistent with an approved master sign program are allowed with an administrative sign permit.
(3) Approval of a master sign program shall supersede the regulations of this chapter. Any aspect of the proposed signs not addressed by the master sign program shall be in compliance with this chapter.
Sec. 14-21.140 Nonconforming signs.
This section applies to all legally established signs that do not conform to current requirements in this chapter.
(a) Continuation.
(1) Except as required by subsection (A)(2) of this section, a nonconforming sign may continue its use as a sign if it was legally established in compliance with all applicable regulations in effect at the time it was established.
It is the applicant’s responsibility to demonstrate that the sign was legally established.
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(2) At time of review of a design permit application for a property with a nonconforming sign on the site, the Zoning Administrator shall review the existing nonconforming sign in conjunction with the design permit. The Zoning Administrator may allow the continuation of the nonconforming sign only upon finding the sign is compatible with the design character and scale of the surrounding area and does not adversely impact the public health, safety, or general welfare.
(b) Allowed Changes.
(1) Changes to sign copy/face and repainting of legal nonconforming signs are permitted as long as there is no alteration to the physical structure or support elements of the sign.
(2) A legal nonconforming sign that sustains less than fifty percent damage to its structure may be repaired to its original pre-damaged condition; provided, that such repair is completed within one hundred eighty days after the date of the damage.
(c) Required Compliance. A legal nonconforming sign shall be removed or brought into compliance with this chapter in the following situations:
(1) The use advertised by the sign has ceased to function for a period of ninety days or more.
(2) The sign has sustained more than fifty percent damage to its structure.
(3) The sign is located on a remodeled building facade. (4) The sign is relocated to a different lot or building.
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Sec. 14-21.150 Violations and enforcement.
(a) Illegal Signs. It is unlawful for any person to install, place, construct, repair, maintain, alter or move a sign in a manner that does not comply with the requirements of this chapter.
(b) Removal of Illegal Signs.
(1) The city may immediately remove or cause the removal of any sign that places the public in immediate peril or that is located within the public right-ofway. (2) For illegal signs that do not place the public in immediate peril and are located on private property, the city shall serve the business owner, property owner, or person responsible for the sign a written certified notice that:
(i) Describes the physical characteristics of the subject sign. (ii) Explains the nature of the violation.
(iii) States that the sign shall be removed or brought into compliance with this chapter within a specified number of days after the notice is received.
(iv) States that the city will remove the sign if the business owner or person responsible for the sign does not correct the violation within the specified number of days after the notice is received.
(v) States that the city may destroy the illegal sign if it is not retrieved within twenty days of removal by the city.
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(vi) States that the business owner or person responsible for the sign is liable for all costs associated with the removal, storage, and destruction of the sign.
(3) If an illegal sign is not removed or brought into compliance within the specified number of days after a notice is received, the city may issue a citation to the business owner or person responsible for the sign as provided in Chapter 2 of Title 1 (Penalty Provisions) and may remove or cause the removal of the sign. (4) Any accessory structures, foundations, or mounting materials which are unsightly or a danger to the public health, safety, and welfare shall be removed at the time of the sign removal.
(5) A sign removed by the city shall be stored for a minimum of twenty days. If the sign is not retrieved by the business owner or person responsible for the sign within this twenty-day period, the city may destroy the sign SECTION 2. RECITALS.
The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Ordinance.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
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SECTION 4. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5. PUBLICATION.
This ordinance shall be published in the Watsonville Register-Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.
SECTION 6. EFFECTIVE DATE.
This ordinance shall be in force and take effect thirty (30) days after its final adoption.
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Meeting Date: 121322
ORDINANCE NO. Introduction (CM)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AMENDING SECTION 14-40.060 (CLEAR CORNER
TRIANGLES) OF CHAPTER 14-40 (GENERAL PROVISIONS,
EXCEPTIONS, AND MODIFICATIONS) OF TITLE 14 (ZONING) OF THE
WATSONVILLE MUNICIPAL CODE
Table of Contents
SECTION 1. ENACTMENT. 2
CHAPTER 14-40 GENERAL PROVISIONS, EXCEPTIONS, AND MODIFICATIONS 2 Sec. 14-40.060 Clear corner triangles. 2
SECTION 2. RECITALS. 3
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT. 4
SECTION 4. SEVERABILITY. 4
SECTION 5. PUBLICATION. Error! Bookmark not defined.
SECTION 6. EFFECTIVE DATE. 4
o-0-o
WHEREAS, Chapter 14-40.060 (Clear Corner Triangles) is meant to maintain pedestrian, bike, and vehicular safety by providing clear sight-distances from driveways and intersections; and
WHEREAS, the Clear Corner Triangle regulations require that any structure located within a certain distance from a front property line and near a street or intersection provide a minimum setback to ensure that pedestrians, bicyclists and vehicles can maintain a clear line of sight when exiting a driveway or intersection; WHEREAS, Chapter 14-40-060 (Clear Corner Triangles) was last updated in 1980; and
WHEREAS, Chapter 14-40-060 (Clear Corner Triangles) has been updated with additional clarifying language and diagram to explain the intent of the regulation; and WHEREAS, the proposed amendments are consistent with and further implement the goals and policies of the City’s General Plan; and
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WHEREAS, on November 1, 2022, the Planning Commission of the City of Watsonville adopted Resolution No. 17-22 (PC), recommending the City Council adopt an Ordinance amending the Watsonville Municipal Code by amending Chapter 14-
40.060; and
WHEREAS, the City Council desires to implement modern and objective sign regulations to enhance the character of the City; and
WHEREAS, the City Council has reviewed Chapter 14-40-060, held a public hearing thereon, and found the request to be consistent with the Findings required for a zoning text amendment pursuant to Section 14-12.807 of the Watsonville Municipal Code, attached hereto and marked as Exhibit “A”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. ENACTMENT.
Chapter 14-40 (General Provisions, Exceptions and Modifications) of Title 14 (Zoning) of the Watsonville Municipal Code is hereby amended by amending Section 14-
40.060 (Clear Corner Triangles) to read in words and figures as follows:
CHAPTER 14-40 GENERAL PROVISIONS, EXCEPTIONS, AND MODIFICATIONS Sec. 14-40.060 Clear corner triangles.
(a) Vision Triangle Required. In zoning districts which require a front and street side setback for primary structures, all corner parcels shall provide and maintain a clear vision triangle at the intersection of the streets’ right-of-way and adjacent to driveways for the purpose of traffic safety. (b) Vision Triangle Defined.
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(1) Intersections. The intersection vision triangle shall be the area formed by measuring thirty feet along the major street front property line and twenty feet along the minor street property line from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 14-40.060-1. (2) Driveways. The driveway vision triangle is the area formed by measuring fifteen feet along the driveway and the street from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 14-
40.060-1.
(c) Maintenance of Sight Lines.
(1) No structure, vehicle, object, or landscaping over thirty inches in height may be placed within a vision triangle, except as allowed by subsection (C)(2) of this section.
(2) Trees pruned at least eight feet above the established grade of the curb so as to provide clear view by motor vehicle drivers are permitted within a vision triangle.
Figure 14-40.060-1: Vision Triangles
SECTION 2. RECITALS.
The City Council finds and determines the foregoing recitals to be true and correct
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and hereby makes them a part of this Ordinance.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.
SECTION 4. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5. PUBLICATION.
This ordinance shall be published in the Watsonville Register-Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.
SECTION 6. EFFECTIVE DATE.
This ordinance shall be in force and take effect thirty (30) days after its final adoption.
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CITY OF WATSONVILLE
TEXT AMENDMENT
EXHIBIT “A”
APN: Citywide
Address: Citywide
Applicant: City of Watsonville
Hearing Date: December 5, 2022
Text Amendment Findings (Section 14-12.807)
1. That the proposed amendment is consistent with the policies embodied in the General Plan.
Supportive Evidence
The proposed text amendments to Part 12 (Sign Permit) of Chapter 14-12 (Zoning Permits) of Title 14 (Zoning), repeal of Chapter 6 (Signs) of Title 8 (Building Regulations), addition of a new Chapter 14-21 (Signs) of Title 14 (Zoning), and amendment to Section 14-40.060 (Clear Corner Triangles) of Chapter 14-40 (General Provisions, Exceptions and Modifications) of Title 14 (Zoning) are consistent with the policies embodied in the General Plan, in that the Ordinances allows the City to modernize the Sign ordinance to keep up with the needs of the business community. The proposed text amendments are also consistent with the following General Plan Goals:
Goal 4.C.5 – The City shall enforce diligent control over the placement of commercial signs to avoid unsightly, dangerous, or misleading advertising. Goal 5.3 – Ensure that commercial signs do not detract from street appearance or create hazardous visual distractions.
Implementation Measure 5.C.2 calls for the creation of a uniform sign program in order to discourage visual clutter in the City. Further, Policy 5.C calls for a design review process to ensure that signs (materials, size, color, lettering, and location) are aesthetically pleasing and compatible with surroundings.
2. That the proposed amendment is compatible to the extent possible with actual and general planned use of the adjacent properties.
Supportive Evidence
The proposed Sign Ordinance update will adjust the Zoning code to conform with current law and make the Ordinance more clear, efficient and effective for the City, its residents and its businesses. The Sign Ordinance update clarifies sign regulations to allow a more uniform treatment of different types of signs in the City.