Woodland City Council
December 20, 2022

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND

APPROVING SLIF AND SUPPLEMENTAL (MPFP) REIMBURSEMENT

AGREEMENTS WITH LENNAR HOMES OF CALIFORNIA, LLC FOR
IMPROVEMENTS ASSOCIATED WITH FINAL SUBDIVISION MAPS 5162 & 5206, PIONEER VILLAGE, PHASE 1 & 2
WHEREAS, on November 5, 2019, City Council approved tentative map 5162 and Development Agreement with map conditions of approval and an associated Development Agreement; and
WHEREAS, On May 10, 2022, the City Council approved final subdivision maps 5162 and 5206 (Pioneer Village, Phase 1 & 2), consisting of 111 and 120 single-family lots respectively (231 lots total); and
WHEREAS, the Developer, Lennar Homes of California, LLC, completed and entered into to a Subdivision Improvement Agreement and posted the required security for all public improvements required for the subdivision; and
WHEREAS, the Developer, Lennar Homes of California, LLC, was conditioned to construct backbone infrastructure improvements including the signalized intersection of Gibson Rd. & Harry Lorenzo Ave/Bourn Dr., Pioneer Avenue widening, and Farmers Central Road widening; and
WHEREAS, the Spring Lake Capital Infrastructure Plan identified the widening of both Pioneer Avenue and Farmers Central Road as reimbursable through the Spring Lake Infrastructure Fee (SLIF) program; and
WHEREAS, the City’s MPFP program was established to fund backbone infrastructure projects to serve development in the City, and the Gibson Rd. at Harry Lorenzo Ave./Bourn Dr. intersection improvements are identified in the 2019 MPFP Fee Program Nexus Study update as reimbursable through the Road Development Fund; and
WHEREAS, the Developer is requesting execution of the SLIF and Supplemental (MPFP) Reimbursement Agreements to reimburse for the work required to satisfy the conditions of approval for the project.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND AS FOLLOWS:

Section 1. The City Council hereby approves the SLIF Reimbursement Agreement with Lennar Homes of California, a Limited Liability Company, and authorizes the City Manager to sign on behalf of the City, and

Section 2. The City Council hereby authorizes the City Manager to approve modifications to the SLIF Reimbursement Agreement not to exceed $862,000 (approximately 15%).

Section 3. The City Council hereby approves the Supplemental (MPFP) Reimbursement Agreement with Lennar Homes of California, a Limited Liability Company, and authorizes the City Manager to sign on behalf of the City, and
Section 4. The City Council hereby authorizes the City Manager to approve modifications to the Supplemental (MPFP) Reimbursement Agreement not to exceed $203,000 (approximately 15%), and
PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 20th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Victoria Fernandez, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

SLIF Reimbursement Agreement
SM 5162 & 5206 Pioneer Village 1 & 2

AGREEMENT REGARDING

REIMBURSEMENT OF SPRING LAKE SPECIFIC PLAN IMPROVEMENTS FOR PIONEER VILLAGE PHASES 1 & 2

1. Parties and Date
This Agreement is entered into as of the ____ day o f ______________, 2022 (“Effective Date”) by and between Lennar Homes of California, L LC., a California Limited Liability Company with its principal office located at 1025 C reekside Ridge, Suite #240, Roseville, CA 95678, (“Developer”), and the City of Woodland, a California municipal corporation (“City”).

2. Recitals

2.1 In conjunction with the development of the Spri ng Lake Specific Plan area, Developer has constructed certain infrastructure im provements, including curbs, gutters, sidewalks, bikeways, soundwalls and/or landscaping, and/or agreed to grant real property interests to the City (“Improvements”), as required by City.

2.2 City and Developer are parties to a Funding and Reimbursement Agreement for Development within the Spring Lake Specific Plan Ar ea (“Reimbursement Agreement”), which provides for City reimbursement to Developer of Exc ess Costs (as defined therein) of such Improvements, by way of fee credits, bond proceeds or cash received from other benefiting property owners.

2.3 City desires to take ownership of, and respons ibility for, the Improvements constructed by Developer and more particularly desc ribed in Exhibit “A,” attached hereto and incorporated by this reference, and desires therefo re to purchase the Improvements from Developer.

NOW, THEREFORE, in consideration of the preceding r ecitals and the covenants hereinafter contained, the parties agree as follows:

3. Terms

3.1 Purchase Price. The total purchase price for t he improvements is Five Million Seven Hundred Forty-Five Thousand Forty-Two and 00/ 100ths Dollars ($5,745,042.00) (“Purchase Price”), which represents those costs reasonably incurred by Developer in constructing the Improvements, as set forth in Exhibit “A,”, Bas ed on Engineer’s Estimates as set forth in Exhibit B attached hereto and incorporated herein b y this reference. Notwithstanding any other provision of this Agreement, Purchase Price shall be paid solely by Spring Lake Infrastructure Fee (“SLIF”) credits or cash from Spring Lake Infrastru cture Fees (“SLIF”) collected, cash advanced by Spring Lake developers, or from the proceeds of bonds issued by a Community Facilities District. For Improvements consisting of items included in the Spring Lake Capital Improvement Program as backbone facilities and land dedicated f or public improvements, reimbursement shall be made through fee credits, unless and until such time as the City has collected sufficient SLIF funding and/or cash advanced from developers, provi ded that if reimbursement is made through fee credits and the City subsequently collects SLIF funding or cash advances, Developer shall not be entitled to exchange the fee credits for cash.

3.2 Prevailing Wages. Developer is aware of the re quirements of California Labor

SLIF Reimbursement Agreement
SM 5162 & 5206 Pioneer Village 1 & 2
Code Section 1720, et seq., and 1770, et seq., as w ell as California Code of Regulations, Title 8, Section 16000, et seq., ('Prevailing Wage Laws'), w hich require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.

Since the Improvements (other than the Improvements consisting solely of dedication of land) are an applicable "public works" or "maintenance" proje ct, as defined by the Prevailing Wage Laws, and since such Improvements will cost more than $1, 000, Developer warrants that it has fully complied with such Prevailing Wage Laws, and caused its contractors and subcontractors to so comply, by paying the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the construction and installation of the Improvements. Developer shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with applicable Prevailing Wage Laws.

3.3 Documentation of Costs . Within forty-five (45) days of the completion of the Reimbursable Improvements and their formal acceptance by City, Developer shall provide City an itemized accounting of the reasonable and actual costs of the Reimbursable Improvements incurred by Developer, and bills and copies of canceled chec ks (showing the front and back) evidencing the costs incurred for the Reimbursable Improvement s. Developer shall also provide City with any additional information as to any items shown on the itemized accounting as requested by City to substantiate the costs. Should Developer fail t o provide all required documents to City within such 45-day period, City shall be relieved from its reimbursement obligations as described herein.

3.4 Grant of Easements. Developer hereby grants to City all necessary easements, rights of way and rights of access and egress in an d to all real property now or hereafter acquired and owned by Developer, as may be necessary or convenient to enable City to maintain, repair and exercise all other necessary control over the Impro vements. Developer covenants that it will execute, deliver and record any and all additional documents as may be required to be executed, delivered and recorded to establish such easements, rights of way and rights of access and egress.

3.5 Title. Upon the transfer of the Improvements t o City in accordance with this Agreement, title to the Improvements shall be deeme d conveyed to and vested in City. City and Developer shall execute, deliver and cause to be re corded any and all documents necessary to convey such title to City. Said documentation may include, without limitation, a bill of sale or grant deed.

3.6 Documents. Developer shall cause all plans, sp ecifications, records, reports, as-built drawings, construction documents and any o ther written material regarding the location, construction, maintenance and operation of the Improvements to the City within fifteen (15) days of the Effective Date.

3.7 State of Title to Improvements. Developer shal l transfer the Improvements to the City free of all liens or encumbrances of any kind of record or known to Developer. Developer agrees to hold City harmless in regard to any liens or encumbrances of any kind which are alleged to have existed or arisen prior to the conveyance o f the Improvements to City. Developer shall reimburse City for any and all costs and expenses, including attorneys’ fees, which City expends in payment of, or defense against, any such liens o r encumbrances which may have existed prior to the conveyance of the Improvements to City.

3.8 Notices. Any notices or correspondence relatin g to this Agreement shall be sent to

SLIF Reimbursement Agreement
SM 5162 & 5206 Pioneer Village 1 & 2
the following addresses:

City: City of Woodland
Attn: Chief Financial Officer
With a Copy to: City Engineer
300 First Street
Woodland, CA 95695

Developer: Lennar Homes of California, LLC.
1025 Creekside Ridge, Suite 240
Roseville, CA 95678
Attn: Larry Gualco

3.9 Indemnification. Developer shall defend, indem nify, and hold harmless City, its officials, officers, agents, and employees from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damag es, or injuries of any kind, including attorneys’ fees, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to the design, grading, construction or maintenance of the Infrastructure.

3.10 Authority to Execute. The signatories to this Agreement warrant that they are lawfully authorized to execute this Agreement.

3.11 Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters herein provided for, and may only be amended by a subsequent written agreement signed on behalf of both parties.

3.12 Attorneys’ Fees. Should either party to this Agreement commence a court action or proceeding against the other party with respect to this Agreement, the party prevailing in such action or proceeding shall be entitled to receive f rom the losing party attorneys’ fees, expert witness’ fees, court costs and other costs incurred in prosecuting or defending such action or proceeding.

3.13 Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California . Any action to interpret or enforce this Agreement shall be brought and maintained exclusively in the courts of Yolo County, California.

3.14 Severability. If any one or more of the provi sions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision(s) shall be deemed severable from the remaining provisions contained in this Agreement.

3.15 Interpretation. The parties understand, ackno wledge and agree that they have participated equally in the negotiation and draftin g of this Agreement, and that they have had the ability to consult legal counsel with respect heret o. To this end, each and every provision of this Agreement shall be interpreted equally and not in favor or against either of the parties.

SLIF Reimbursement Agreement
SM 5162 & 5206 Pioneer Village 1 & 2

EXHIBIT A

IMPROVEMENTS TO BE ACQUIRED

SLIF REIMBURSEMENT SCHEDULE
Item
No. ITEM DESCRIPTION
TOTAL

ESTIMATED
COST
FUND

SOURCE NOTES
1A-II PHASE I – STREET WORK & CONCRETE $60,500.00 S LIF SIDEWALK OVERSIZING 1B-I PIONEER AVE - GRADING & EROSION
CONTROL $252,637.00 SLIF
1B-II PIONEER AVE - STREET WORK &
CONCRETE $1,909,090.00 SLIF
1B-III PIONEER AVE - STORM DRAINAGE $197,730.00 SLI F
1B-IV PIONEER AVE - WATER SYSTEM $263,225.00 SLIF
1B-V PIONEER AVE - SANITARY SEWER SYSTEM $15,000.00 SLIF 1B-VI PIONEER AVE - DRY UTILITIES $654,200.00 SLIF
1B-VII PIONEER AVE - LANDSCAPING $309,060.00 SLIF
1B-VIII PIONEER AVE - STREETLIGHTS $47,940.00 SLIF BY CCO 1C-I GIBSON/HLA/BOUNR - GRADING & EROSION
CONTROL $300.00 SLIF
1C-II GIBSON/HLA/BOUNR - STREET WORK &
CONCRETE $33,100.00 SLIF SIDEWALK OVERSIZING
2A-II PHASE II – STREET WORK & CONCRETE $31,300.00 SLIF 2B-I FCR - GRADING & EROSION CONTROL $10,273.00 SLI F
2B-II FCR - STREET WORK & CONCRETE $223,710.00 SLIF
2B-V FCR - DRY UTILITIES $104,000.00 SLIF
2B-VI FCR - LANDSCAPING $175,610.00 SLIF
Sub-Total $4,287,675.00 SLIF
3 10% CONTINGENCY $428,767.50 SLIF
Construction Sub-Total $4,716,000.00 SLIF
4 Soft Costs (estimated at 24%) $1,029,042.00 SLIF
Soft Costs include
Engineering Design,
Survey, Plan Check &
Inspection, Construction
Management, and Bidding
expenses. All costs to be
reimbursed at actual cost.

TOTAL $5,745,042.00

SLIF Reimbursement Agreement
SM 5162 & 5206 Pioneer Village 1 & 2

EXHIBIT B

ENGINEER'S OPINION OF PROBABLE SLIF CONSTRUCTION COSTS
(Refer to the following pages)

PIONEER VILLAGE REIMBURSEMENT AGREEMENT COST SUMMARY
PROJECT: PIONEER VILLAGE - PHASES 1 AND 2
PREPARED BY: CUNNINGHAM ENGINEERING
DATE: 12/02/2022

TOTAL SLIF MPFP

COST COST COST
PIONEER VILLAGE - PHASE 1
1A. PHASE 1 INTRACTS (111 LOTS, OVERSIZED SIDEWALK ALONG HLA) 158,700$ 60,500$ - $ 1B. PIONEER AVE (N. PROJECT BDRY TO FCR) 3,648,882 $ 3,648,882$ - $ 1C. GIBSON RD/HARRY LORENZO AVE INTERSECTION 1,142,200$ 33,400$ 1,108,800$ 10% CONSTRUCTION CONTINGENCY 494,978$ 374,278$ 110,880$ PIONEER VILLAGE - PHASE 1 - SUBTOTALS 5,444,760$ 4,117,060$ 1,219,680$ PIONEER VILLAGE - PHASE 2
2A. PHASE 2 INTRACTS (120 LOTS, OVERSIZED SIDEWALK ALONG HLA) 85,300$ 31,300$ - $ 2B. FARMERS CENTRAL RD (PARTIAL IMPROVEMENTS) 1,095,899$ 513,593$ - $ 10% CONSTRUCTION CONTINGENCY 118,120$ 54,489$ - $ PIONEER VILLAGE - PHASE 2 - SUBTOTALS 1,299,319$ 599,382$ - $ PIONEER VILLAGE - CONSTRUCTION GRAND TOTAL 6,744,000$ 4,716,000$ 1,220,000$

SLIF MPFP
PIONEER VILLAGE - PHASE 1
24% SLSP SLIF SOFT COST FEE CREDITS 898,268$ - $ 12% MPFP SOFT COST FEE CREDITS - $ 133,056$ PIONEER VILLAGE - PH 1 - SOFT COST FEE CREDITS SUBTOTALS 898,268$ 133,056$ PIONEER VILLAGE - PHASE 2
24% SLSP SLIF SOFT COST FEE CREDITS 130,774$ -$ PIONEER VILLAGE - PH 2 - SOFT COST FEE CREDIT SUBTOTALS 130,774$ - $ 1,029,042$ 133,056$
5,745,042$ 1,353,056$

PIONEER VILLAGE - SOFT COST FEE CREDIT TOTAL

PIONEER VILLAGE - FEE CREDIT FOR BACKBONE CONSTRUCTION GRAND TOTAL

EXHIBIT B

CONSTRUCTION COSTS

FEE CREDITS FOR BACKBONE CONSTRUCTION
S:\Projects\800\892-Spring Lake Merritt-Murphy\CPS\892.70.07 Reimbursement Agreement Exhibits\892.70.07 Pioneer Village Reimbursement Cost Exhibit.xlsx Page 1

NOTES:
1 2
3 4
5 6
j. Construction/demo of temporary turnaround between intract Phase 1 and 2. 7 8
9 10
11 1212% soft cost reimbursement for MPFP is estimated. Reimbursement for MPFP soft costs will be based on actual costs. Soft costs include Plan Check and Inspection, Engineering and Surveying, General Requirements, and Construction Management.

In providing opinions of probable construction cost, the Client understands that the Engineer has no control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing, and that the opinions of probable construction costs provided herein are to be made on the basis of the Engineer's qualifications and experience. The Engineer makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs.

This opinion of costs assumes that civil improvements are to be constructed in two (2) phases as grouped in the cost opinion. Cost savings could be realized if the project is built out in one single phase. Costs also assume competitive bidding.

This opinion of probable cost was based on 1A. Approved Pioneer Village Phase 1 Intract Plans dated 06/23/2021; 1B. Approved Pioneer Avenue Improvement Plans dated 06/23/2021 including Delta Revisions 1 and 2; 1C. Approved Gibson Road/Harry Lorenzo/Bourn Drive Intersection & Signal Improvement Plans dated 06/23/2021; 2A. Approved Pioneer Village Phase 2 Intract Plans dated 08/19/2021; and 2B. Approved Farmers Central Road Improvement Plans dated 08/19/2021.

Unit costs are based on Bid Prices from Marques General Engineering dated 08/06/21, 10/28/2021; Pacific Excavation dated 02/03/2022 and Black Rock Masonry dated 05/31/2022. Items with no Bid information are 2021 basis, except where otherwise noted.

A portion of the 10ft concrete path along the Harry Lorenzo Avenue frontage for Pioneer Village Intract Improvements Phase 1 & 2 is included in the SLIF cost portion of the path. That portion is sidewalk wider than the standard 5.5ft sidewalk for a collector street in the Spring Lake Specific Plan. Developer costs for the remaining items in the Pioneer Village Intract Improvements Phase 1 & 2 are not included. 24% soft cost reimbursement for SLIF is estimated. Reimbursement for SLIF soft costs will be based on actual costs. Soft costs include Plan Check and Inspection, Engineering and Surveying, General Requirements, and Construction Management. d. Any costs related to environmental assessment or the mitigation of any contamination, endangered species or archeological. resources. e. Costs for land, financing, bonds and easements.
f. On-site improvements including fencing, etc.

Costs shown as "MPFP" refer to Major Projects Financing Plan improvements. This cost is reimbursable to Client and/or and will be creditable against Roadway Impact Fees.
h. Costs associated with coordination with other contractors working within the Spring Lake area. i. Front and side yard landscaping.

This opinion assumes payment of prevailing wage for off-site improvements (outside of intracts).

This opinion excludes construction staking.
g. Utility runs from back of curb to buildings (incl. sewer, water, PG&E, etc.) This opinion of costs DOES NOT include costs for the following items:

Earthwork estimates are based on civil improvement plans and Civil 3D estimates. b. Undergrounding or relocation of existing overhead utility lines (except as noted). c. Permits or other City fees.
a. Engineering, construction management and soils testing, except as noted.

S:\Projects\800\892-Spring Lake Merritt-Murphy\CPS\892.70.07 Reimbursement Agreement Exhibits\892.70.07 Pioneer Village Reimbursement Cost Exhibit.xlsx Page 2

PIONEER VILLAGE REIMBURSEMENT AGREEMENT COST SUMMARY
PROJECT: PIONEER VILLAGE - PHASES 1 AND 2
PREPARED BY: CUNNINGHAM ENGINEERING
DATE: 12/02/2022

UNIT TOTAL SLIF NON-SLIF

ITEM DESCRIPTION QTY UNIT COST COST COST DEVELOPER COST I. GRADING & EROSION CONTROL

1. CLEAR & GRUB (incl. Phase 3) 32 AC $0 $0 $0

2. ROUGH GRADING (import-incl. Phase 3) 31,675 CY $0 $0 $0

3. ROUGH GRADING (moving around site-incl. Phase 3) 35,500 CY $0 $0 $0

4. PAD FINISHED GRADING 111 EA $0 $0 $0

5. ROAD-FINISH GRADING, CMPT. SUB-GRADE 243,325 SF $0 $0 $0

6. SW/PATHWAY-FINISH GRADING, CMPT. SUB-GRADE 56,066 SF $0 $0 $0

7. EROSION CONTROL (incl. Phase 3) 32 AC $0 $0 $0
$0 $0 $0
II. STREET WORK & CONCRETE

8. 4" AC PAVEMENT 169,492 SF $0 $0 $0

9. 12" AGGREGATE BASE (Road/Curb/Gutter) 193,365 SF $0 $0 $0

10. 5" AC PAVEMENT 43,867 SF $0 $0 $0

11. 18" AGGREGATE BASE (Road/Curb/Gutter) 49,960 SF $0 $0 $0

12. 4" PCC SIDEWALK (incl. 4" AB) 56,066 SF $0 $0 $0

13. 2" GRIND AND OVERLAY 264 SF $0 $0 $0

14. BOLLARDS (fixed) 8 EA $0 $0 $0

15. BOLLARDS (removable) 4 EA $0 $0 $0

16. 4" MODIFIED CURB 75 LF $0 $0 $0

17. 6" MODIFIED CURB 331 LF $0 $0 $0

18. MEDIAN CURB 369 LF $0 $0 $0

19. EXPOSED AGGREGATE CONCRETE 2,655 SF $0 $0 $0

20. STAMPED CONCRETE/ENHANCED CROSSWALK 5,870 SF $0 $0 $0

21. CMU RETAINING WALL 1,382 LF $0 $0 $0

22. SURVEY MONUMENTS 14 EA $0 $0 $0

23. SIGNAGE AND STRIPING 1 LS $0 $0 $0

24. CURB & GUTTER 12,000 LF $0 $0 $0

25. DRIVEWAYS 111 EA $0 $0 $0

26. ROAD AND SIDEWALK BARRICADES 376 LF $0 $0 $0

27. 10' CONCRETE PATH (Lot C & HLA) 14,424 SF $11.00 $158,664 $60,500 $98,164

28. BIKE/PED PATH ENTRANCE 4 EA $0 $0 $0

29. ENHANCED WOOD FENCE (HLA) 804 LF $0 $0 $0

30. MAIL BOX PAD 8 EA $0 $0 $0

31. PEDESTRIAN RAMPS (incl. detectable warnings) 51 EA $0 $0 $0 $158,664 $60,500 $98,164
III. STORM DRAINAGE

32. 18" RCP STORM DRAIN 2,424 LF $0 $0 $0

33. 24" RCP STORM DRAIN 941 LF $0 $0 $0

34. 30" RCP STORM DRAIN 1,178 LF $0 $0 $0

35. 36" RCP STORM DRAIN 172 LF $0 $0 $0

36. CAP END 4 EA $0 $0 $0

37. TYPE I SD MANHOLE (36" pipe max.) 10 EA $0 $0 $0

38. CURB INLET 20 EA $0 $0 $0

39. CURB INLET MANHOLE (TYPE 1 MH BASE) 20 EA $0 $0 $0

40. SEDIMENTATION BASIN 1 EA $0 $0 $0

41. CONNECT TO EXISTING 2 EA $0 $0 $0
$0 $0 $0
IV. SEWER SYSTEM

41. 8" SDR-35 PVC 5,550 LF $0 $0 $0

42. 48" SEWER MANHOLE 24 EA $0 $0 $0

43. 4" SEWER SERVICE 111 EA $0 $0 $0

44. CONNECT TO EXISTING 1 EA $0 $0 $0
$0 $0 $0
1A. PHASE 1 INTRACT IMPROVEMENTS
(111 lots; includes Lot A and B pedestrian/bike path; Lot C greenbelt; Harry Lorenzo Avenue path and parkway strip improvements north of phase line; neighborhood entry at Harry Lorenzo Avenue and Pioneer Avenue; grading and erosion control for interim development of Phase 3)

GRADING & EROSION CONTROL SUB-TOTAL

STREET WORK & CONCRETE SUB-TOTAL

STORM DRAINAGE SUB-TOTAL

SEWER SYSTEM SUB-TOTAL
S:\Projects\800\892-Spring Lake Merritt-Murphy\CPS\892.70.07 Reimbursement Agreement Exhibits\892.70.07 Pioneer Village Reimbursement Cost Exhibit.xlsx Page 1

UNIT TOTAL SLIF NON-SLIF

ITEM DESCRIPTION QTY UNIT COST COST COST DEVELOPER COST V. WATER SYSTEM

45. 8" WATER MAIN (incl. fittings) 5,837 LF $0 $0 $0

46. 12" WATER MAIN (incl. fittings) 1,216 LF $0 $0 $0

47. 12" VALVE 4 EA $0 $0 $0

48. 8" VALVE 34 EA $0 $0 $0

49. 1.5" WATER SERVICE 111 EA $0 $0 $0

50. FIRE HYDRANT AND ASSEMBLY 25 EA $0 $0 $0

51. CONNECT TO EXISTING 4 EA $0 $0 $0

52. 4" SCHEDULE 40 IRRIGATION SLEEVES 1,780 LF $0 $0 $0

53. 8" BLOW OFF VALVE 6 EA $0 $0 $0
$0 $0 $0
VI. STREETLIGHTS

54. BOLLARD LIGHTS 4 EA $0 $0 $0

55. STREET LIGHTS (15' SINGLE-Including wire, poles, pedestals) 49 EA $0 $0 $0 $0 $0 $0
VII. JOINT TRENCH

56. JOINT TRENCH (incl. services stubbed to each lot) 111 EA $0 $0 $0 $0 $0 $0

SUMMARY
I. GRADING & EROSION CONTROL $0 $0 $0
II. STREET WORK & CONCRETE $158,664 $60,500 $98,164
III. STORM DRAINAGE $0 $0 $0
IV. SEWER SYSTEM $0 $0 $0
V. WATER SYSTEM $0 $0 $0
VI. STREETLIGHTS $0 $0 $0
VII. JOINT TRENCH $0 $0 $0
SUB-TOTAL: $158,700 $60,500 $98,200
10% CONSTRUCTION CONTINGENCY: $15,870 $6,050 $9,820
TOTAL PHASE 1 INTRACTS COST :$174,600 $66,600 $108,000

STREETLIGHTS SUB-TOTAL

JOINT TRENCH SUB-TOTAL

WATER SYSTEM SUB-TOTAL
S:\Projects\800\892-Spring Lake Merritt-Murphy\CPS\892.70.07 Reimbursement Agreement Exhibits\892.70.07 Pioneer Village Reimbursement Cost Exhibit.xlsx Page 2

PIONEER VILLAGE REIMBURSEMENT AGREEMENT COST SUMMARY
PROJECT: PIONEER VILLAGE - PHASES 1 AND 2
PREPARED BY: CUNNINGHAM ENGINEERING
DATE: 12/02/2022

UNIT TOTAL SLIF NON-SLIF

ITEM DESCRIPTION QTY UNIT COST COST COST DEVELOPER COST I. GRADING & EROSION CONTROL

1. CLEAR & GRUB 2.3 AC $500.00 $1,150.00 $1,150.00 $0.00

2. EXCAVATION TO SUBGRADE 4,500 CY $15.00 $67,500.00 $67,500.00 $0.00

3. ROAD-FINISH GRADING, CMPT. SUB-GRADE 54,426 SF $1.25 $68,032.50 $68,032.50 $0.00

4. SW/PATHWAY-FINISH GRADING, CMPT. SUB-GRADE 18,739 SF $0.75 $14,054.25 $14,054.25 $0.00

5. EROSION CONTROL 2.3 AC $3,000.00 $6,900.00 $6,900.00 $0.00

6. TRAFFIC CONTROL 1.00 LS $95,000.00 $95,000.00 $95,000.00 $0.00 $252,636.75 $252,636.75 $0.00
II. STREET WORK & CONCRETE

7. 7" AC PAVEMENT 49,420 SF $5.75 $284,165.00 $284,165.00 $0.00

8. 26" AGGREGATE BASE (Road/Curb/Curb&Gutter) 54,426 SF $6.75 $367,375.50 $367,375.50 $0.00

9. 2" GRIND AND OVERLAY 100,090 SF $2.50 $250,225.00 $250,225.00 $0.00

10. REINFORCED CONCRETE PATH (10ft) 18,739 SF $11.00 $206,129.00 $206,129.00 $0.00

11. 4" AGGREGATE BASE (10ft path) 18,739 SF $1.75 $32,793.25 $32,793.25 $0.00

12. SIGNAGE AND STRIPING 1 LS $55,000.00 $55,000.00 $55,000.00 $0.00

13. CURB & GUTTER 1,410 LF $30.00 $42,300.00 $42,300.00 $0.00

14. MEDIAN CURB 2,210 LF $35.00 $77,350.00 $77,350.00 $0.00

15. REINFORCED CURB (Bus Turnout) 0 LF $40.00 $0.00 $0.00 $0.00

16. 8" REINFORCED CONCRETE (Bus Turnout) 0 SF $20.00 $0.00 $0.00 $0.00

17. STAMPED CONCRETE/ENHANCED CROSSWALK 2,415 SF $30.00 $72,450.00 $72,450.00 $0.00

18. STAMPED CONCRETE (Median) 3,535 SF $25.00 $88,375.00 $88,375.00 $0.00

19. SURVEY MONUMENTS 1 EA $995.00 $995.00 $995.00 $0.00

20. PEDESTRIAN RAMPS (incl. detectable warnings) 2 EA $1,950.00 $3,900.00 $3,900.00 $0.00

21. DETECTABLE WARNING REPLACEMENT 1 EA $1,250.00 $1,250.00 $1,250.00 $0.00

22. PROTO II WALL-Phase 1 (Including CMU Retain & Pilasters) 569 LF $247.06 $140,577.14 $140,577.14 $0.00

23. PROTO II WALL-Phase 1 (Including CMU Retain & Pilasters) 785 LF $278.51 $218,630.35 $218,630.35 $0.00

24. BARRICADES 100 LF $50.00 $5,000.00 $5,000.00 $0.00

25. REMOVE EXISTING PAVEMENT (AC, Median) 18,685 SF $3.00 $56,055.00 $56,055.00 $0.00

26. REMOVE EXISTING DELINEATORS 820 LF $0.25 $205.00 $205.00 $0.00

27. SAWCUT EXISTING (AC, Curb, Sidewalk) 2,105 LF $3.00 $6,315.00 $6,315.00 $0.00 $1,909,090.24 $1,909,090.24 $0.00
III. STORM DRAINAGE

28. 24" RCP STORM DRAIN 71 LF $395.00 $28,045.00 $28,045.00 $0.00

29. 36" RCP STORM DRAIN 133 LF $495.00 $65,835.00 $65,835.00 $0.00

30. 42" RCP STROM DRAIN 0 LF $595.00 $0.00 $0.00 $0.00

31. STORM DRAIN MANHOLE TYPE II 2 LF $19,500.00 $39,000.00 $39,000.00 $0.00

32. CURB INLET MANHOLE (Type I MH base) 3 EA $13,500.00 $40,500.00 $40,500.00 $0.00

33. CURB INLET - INSTALL F&G ON EX STRUCTURE 2 EA $5,000.00 $10,000.00 $10,000.00 $0.00

34. CAP END 1 EA $1,000.00 $1,000.00 $1,000.00 $0.00

35. ABANDON EX SD STUB & FILL W/ SLURRY 1 EA $3,000.00 $3,000.00 $3,000.00 $0.00

36. REMOVE EXISTING STORM DRAIN PIPE - 36" 90 LF $50.00 $4,500.00 $4,500.00 $0.00

37. CONNECT TO EXISTING SD 3 EA $1,950.00 $5,850.00 $5,850.00 $0.00 $197,730.00 $197,730.00 $0.00

STREET WORK & CONCRETE SUB-TOTAL

STORM DRAINAGE SUB-TOTAL
1B. PIONEER AVENUE IMPROVEMENTS

GRADING & EROSION CONTROL SUB-TOTAL
S:\Projects\800\892-Spring Lake Merritt-Murphy\CPS\892.70.07 Reimbursement Agreement Exhibits\892.70.07 Pioneer Village Reimbursement Cost Exhibit.xlsx Page 1

UNIT TOTAL SLIF NON-SLIF

ITEM DESCRIPTION QTY UNIT COST COST COST DEVELOPER COST IV. WATER SYSTEM

38. 4" RECLAIMED WATER MAIN 495 LF $245.00 $121,275.00 $121,275.00 $0.00

39. 4" VALVE 2 EA $2,950.00 $5,900.00 $5,900.00 $0.00

40. CAP END 4 EA $250.00 $1,000.00 $1,000.00 $0.00

41. 2" WATER BLOW OFF 1 EA $8,500.00 $8,500.00 $8,500.00 $0.00

42. IRRIGATION POC 1 EA $5,500.00 $5,500.00 $5,500.00 $0.00

43. 4" IRRIGATION SLEEVES 360 LF $30.00 $10,800.00 $10,800.00 $0.00

44. 6" IRRIGATION SLEEVES 175 LF $30.00 $5,250.00 $5,250.00 $0.00

45. CONNECT TO EXISTING 2 EA $7,500.00 $15,000.00 $15,000.00 $0.00

46. FIRE HYDRANT AND ASSEMBLY 2 EA $25,000.00 $50,000.00 $50,000.00 $0.00

47. REMOVE AND ABANDON EXISTING WATER SERVICE - 8" 1 LS $40,000.00 $40,000.00 $40,000.00 $0.00 $263,225.00 $263,225.00 $0.00
V. SANITARY SEWER SYSTEM

48. REMOVE AND ABANDON EXISTING SEWER SERVICE - 8" 1 LS $15,000.00 $15,000.00 $15,000.00 $0.00 $15,000.00 $15,000.00 $0.00
VI. DRY UTILITIES

49. BROADBAND CONDUIT & PULLBOXES - (2) 4" CONDUITS 1,865 LF $80.00 $149,200.00 $149,200.00 $0.00

50. SIGNAL INTERCONNECT 1 LS $15,000.00 $15,000.00 $15,000.00 $0.00

51. COMPLETE PIONEER/PATRIOT SIGNALS 1 LS $195,000.00 $195,000.00 $195,000.00 $0.00

52. COMPLETE PIONEER/FCR SIGNALS 1 LS $295,000.00 $295,000.00 $295,000.00 $0.00 $654,200.00 $654,200.00 $0.00
VII. LANDSCAPING

53. PLANTING, IRRIGATION & AMENITIES 36,360 SF $8.50 $309,060.00 $309,060.00 $0.00 $309,060.00 $309,060.00 $0.00
VIII. CHANGE ORDERS

54. NEW SINGLE STREETLIGHT 4 EACH $11,985.00 $47,940.00 $47,940.00 $0.00 $47,940.00 $47,940.00 $0.00

SUMMARY
I. GRADING & EROSION CONTROL $252,636.75 $252,636.75 $0.00 II. STREET WORK & CONCRETE $1,909,090.24 $1,909,090.24 $0.00 III. STORM DRAINAGE $197,730.00 $197,730.00 $0.00
IV. WATER SYSTEM $263,225.00 $263,225.00 $0.00
V. SANITARY SEWER SYSTEM $15,000.00 $15,000.00 $0.00
VI. DRY UTILITIES $654,200.00 $654,200.00 $0.00
VII. LANDSCAPING $309,060.00 $309,060.00 $0.00
VIII.CHANGE ORDERS $47,940.00 $47,940.00 $0.00
$3,648,881.99 $3,648,881.99 $0.00
$364,888.20 $364,888.20 $0.00
$4,013,770.19 $4,013,770.19 $0.00TOTAL PIONEER AVENUE COST:

DRY UTILITIES SUB-TOTAL

LANDSCAPING SUB-TOTAL

WATER SYSTEM SUB-TOTAL

SANITARY SEWER SUB-TOTAL

CHANGE ORDERS SUB-TOTAL
SUB-TOTAL:
10% CONTINGENCY:

S:\Projects\800\892-Spring Lake Merritt-Murphy\CPS\892.70.07 Reimbursement Agreement Exhibits\892.70.07 Pioneer Village Reimbursement Cost Exhibit.xlsx Page 2

PIONEER VILLAGE REIMBURSEMENT AGREEMENT COST SUMMARY
PROJECT: PIONEER VILLAGE - PHASES 1 AND 2
PREPARED BY: CUNNINGHAM ENGINEERING
DATE: 12/02/2022
1C. GIBSON ROAD/HARRY LORENZO AVENUE/BOURN DRIVE INTERSECTION & SIGNAL IMPROVEMENTS

TOTAL UNIT TOTAL SLIF MPFP

ITEM DESCRIPTION QTY UNIT COST COST COST COST
I. GRADING & EROSION CONTROL

1. ROAD-FINISH GRADING, CMPT. SUB-GRADE 1,875 SF $10.00 $18,750.00 $0.00 $18,750.00

2. SW/PATHWAY-FINISH GRADING, CMPT. SUB-GRADE 1,581 SF $1.00 $1,581.00 $331.00 $1,250.00

3. EROSION CONTROL 1.8 AC $3,000.00 $5,400.00 $0.00 $5,400.00

4. TRAFFIC CONTROL 1 LS $50,000.00 $50,000.00 $0.00 $50,000.00 $75,731.00 $331.00 $75,400.00
II. STREET WORK & CONCRETE

5. 9" AC PAVEMENT 1,200 SF $12.00 $14,400.00 $0.00 $14,400.00

6. 11.5" AGGREGATE BASE (Road/Curb/Curb&Gutter) 1,200 SF $12.00 $14,400.00 $0.00 $14,400.00

7. 5" AC PAVEMENT 675 SF $5.15 $3,476.25 $0.00 $3,476.25

8. 18" AGGREGATE BASE (Road/Curb/Curb&Gutter) 675 SF $6.00 $4,050.00 $0.00 $4,050.00

9. 2" AC GRIND AND OVERLAY 8,140 SF $2.50 $20,350.00 $0.00 $20,350.00

10. MICROSURFACING 68,669 SF $1.00 $68,669.00 $0.00 $68,669.00

11. REINFORCED CONCRETE PATH 1,581 SF $11.00 $17,391.00 $3,641.00 $13,750.00

12. 4" AGGREGATE BASE (Path) 1,581 SF $1.75 $2,766.75 $579.25 $2,187.50

13. CURB & GUTTER 194 LF $30.00 $5,820.00 $1,290.00 $4,530.00

14. MEDIAN CURB 827 LF $35.00 $28,945.00 $0.00 $28,945.00

15. MEDIAN CONCRETE 3,007 SF $25.00 $75,175.00 $0.00 $75,175.00

16. PEDESTRIAN RAMPS (incl. detectable warnings) 6 EA $1,950.00 $11,700.00 $3,900.00 $7,800.00

17. SIGNAGE AND STRIPING 1 LS $25,000.00 $25,000.00 $0.00 $25,000.00

18. LANDSCAPING (Restoration) 896 SF $50.00 $44,800.00 $21,300.00 $23,500.00

19. TREE REMOVAL 2 EA $7,500.00 $15,000.00 $0.00 $15,000.00

20. RELOCATE BLOCK WALL 30 LF $100.00 $3,000.00 $0.00 $3,000.00

21. SAWCUT 844 LF $5.00 $4,220.00 $455.00 $3,765.00

22. REMOVE EX PAVEMENT 1,688 SF $3.00 $5,064.00 $546.00 $4,518.00

23. REMOVE EX MEDIAN CONCRETE 1,800 SF $3.00 $5,400.00 $0.00 $5,400.00

24. REMOVE EX MEDIAN FILL 8,113 SF $6.00 $48,678.00 $0.00 $48,678.00

25. REMOVE EX MEDIAN CURB (STANDARD) 346 LF $10.00 $3,460.00 $0.00 $3,460.00

26. REMOVE EX MEDIAN CURB (OTHER) 676 LF $10.00 $6,760.00 $0.00 $6,760.00

27. REMOVE EX PAVEMENT/ SIDEWALK 2,646 SF $3.00 $7,938.00 $1,371.00 $6,567.00

28. REMOVE EX PEDESTRIAN BARRICADES 2 EA $250.00 $500.00 $0.00 $500.00

29. ADJUST EXISTING STRUCTURES TO GRADE 9 EA $3,500.00 $31,500.00 $0.00 $31,500.00 $468,463.00 $33,082.25 $435,380.75
III. DRY UTILITIES

30. TRAFFIC SIGNAL 1 LS $565,000.00 $565,000.00 $0.00 $565,000.00

31. NEW DUAL STREETLIGHT 2 EA $15,000.00 $30,000.00 $0.00 $30,000.00

32. REMOVE STREETLIGHT 2 EA $1,500.00 $3,000.00 $0.00 $3,000.00 $598,000.00 $0.00 $598,000.00

SUMMARY
I. GRADING & EROSION CONTROL $75,731.00 $331.00 $75,400.00 II. STREET WORK & CONCRETE $468,463.00 $33,082.25 $435,380.75 III. DRY UTILITIES $598,000.00 $0.00 $598,000.00
$1,142,200.00 $33,400.00 $1,108,800.00
$114,200.00 $3,300.00 $110,900.00
$1,256,400.00 $36,700.00 $1,219,700.00
SUB-TOTAL:
10% CONTINGENCY:

TOTAL GIBSON RD/HARRY LORENZO AVE/BOURN DR INTERSECTION & SIGNAL IMPROVEMENTS COST:

STREET WORK & CONCRETE SUB-TOTAL:

DRY UTILITIES SUB-TOTAL:

GRADING & EROSION CONTROL SUB-TOTAL:

S:\Projects\800\892-Spring Lake Merritt-Murphy\CPS\892.70.07 Reimbursement Agreement Exhibits\892.70.07 Pioneer Village Reimbursement Cost Exhibit.xlsxPage 1

PIONEER VILLAGE REIMBURSEMENT AGREEMENT COST SUMMARY
PROJECT: PIONEER VILLAGE - PHASES 1 AND 2
PREPARED BY: CUNNINGHAM ENGINEERING
DATE: 12/02/2022
2A. PHASE 2 INTRACT IMPROVEMENTS

UNIT TOTAL SLIF NON-SLIF

ITEM DESCRIPTION QTY UNIT COST COST COST DEVELOPER COST I. GRADING & EROSION CONTROL

1. CLEAR & GRUB 19 AC $0 $0 $0

2. ROUGH GRADING (import) 17,800 CY $0 $0 $0

3. ROUGH GRADING (moving around site) 23,300 CY $0 $0 $0

4. PAD FINISHED GRADING 120 EA $0 $0 $0

5. ROAD-FINISH GRADING, CMPT. SUB-GRADE 131,465 SF $0 $0 $0

6. SW/PATHWAY-FINISH GRADING, CMPT. SUB-GRADE 35,261 SF $0 $0 $0

7. EROSION CONTROL 19 AC $0 $0 $0
$0 $0 $0
II. STREET WORK & CONCRETE

8. 4" AC PAVEMENT 113,604 SF $0 $0 $0

9. 12" AGGREGATE BASE (Road/Curb/Gutter) 131,465 SF $0 $0 $0

10. 4" PCC SIDEWALK (incl. 4" AB) 30,351 SF $0 $0 $0

11. 2" GRIND AND OVERLAY 726 SF $0 $0 $0

12. BOLLARDS (fixed) 6 EA $0 $0 $0

13. BOLLARDS (removable) 3 EA $0 $0 $0

14. SPEED CUSHION 3 EA $0 $0 $0

15. 4" MODIFIED CURB 75 LF $0 $0 $0

16. MEDIAN CURB 44 LF $0 $0 $0

17. EXPOSED AGGREGATE CONCRETE 576 SF $0 $0 $0

18. STAMPED CONCRETE/ENHANCED CROSSWALK 1,243 SF $0 $0 $0

19. RETAINING WALL 189 LF $0 $0 $0

20. SURVEY MONUMENTS 8 EA $0 $0 $0

21. SIGNAGE AND STRIPING 1 LS $0 $0 $0

22. CURB & GUTTER 7,029 LF $0 $0 $0

23. DRIVEWAYS 120 EA $0 $0 $0

24. ROAD AND SIDEWALK BARRICADES 92 LF $0 $0 $0

25. 10' CONCRETE PATH (Lot F & HLA) 7,756 SF $11.00 $85,316 $31,306 $54,010

26. BIKE/PED PATH ENTRANCE 3 EA $0 $0 $0

27. CMU BLOCK WALL 84 LF $0 $0 $0

28. ENHANCED WOOD FENCE (HLA) 402 LF $0 $0 $0

29. MAIL BOX PAD 7 EA $0 $0 $0

30. PEDESTRIAN RAMPS (incl. detectable warnings) 17 EA $0 $0 $0 $85,316 $31,306 $54,010
III. STORM DRAINAGE

31. 18" RCP STORM DRAIN 1,331 LF $0 $0 $0

32. 24" RCP STORM DRAIN 580 LF $0 $0 $0

33. 30" RCP STORM DRAIN 537 LF $0 $0 $0

34. TYPE I SD MANHOLE (36" pipe max.) 3 EA $0 $0 $0

35. CURB INLET 11 EA $0 $0 $0

36. CURB INLET MANHOLE (TYPE 1 MH BASE) 10 EA $0 $0 $0

37. CONNECT TO EXISTING 4 EA $0 $0 $0
$0 $0 $0
IV. SEWER SYSTEM

38. 8" SDR-35 PVC 3,232 LF $0 $0 $0

39. 48" SEWER MANHOLE 11 EA $0 $0 $0

40. 4" SEWER SERVICE 120 EA $0 $0 $0

41. CONNECT TO EXISTING 1 EA $0 $0 $0
$0 $0 $0
(120 lots; includes Lot D and E pedestrian/bike path; Lot F greenbelt; Harry Lorenzo Avenue path and parkway strip improvements south of phase line)

GRADING & EROSION CONTROL SUB-TOTAL

STREET WORK & CONCRETE SUB-TOTAL

STORM DRAINAGE SUB-TOTAL

SEWER SYSTEM SUB-TOTAL
S:\Projects\800\892-Spring Lake Merritt-Murphy\CPS\892.70.07 Reimbursement Agreement Exhibits\892.70.07 Pioneer Village Reimbursement Cost Exhibit.xlsx Page 1

UNIT TOTAL SLIF NON-SLIF

ITEM DESCRIPTION QTY UNIT COST COST COST DEVELOPER COST V. WATER SYSTEM

42. 8" WATER MAIN (incl. fittings) 3,790 LF $0 $0 $0

43. 8" VALVE 15 EA $0 $0 $0

44. 1.5" WATER SERVICE (excl. meter) 120 EA $0 $0 $0

45. FIRE HYDRANT AND ASSEMBLY 14 EA $0 $0 $0

46. CONNECT TO EXISTING 7 EA $0 $0 $0

47. 4" SCHEDULE 40 IRRIGATION SLEEVES 1,627 LF $0 $0 $0 $0 $0 $0
VI. STREETLIGHTS
48 BOLLARD LIGHTS 3 EA $0 $0 $0

49. STREET LIGHTS (15' SINGLE-Including wire, poles, pedestals) 27 EA $0 $0 $0 $0 $0 $0
VII. JOINT TRENCH

50. JOINT TRENCH (incl. services stubbed to each lot) 120 EA $0 $0 $0 $0 $0 $0

SUMMARY
I. GRADING & EROSION CONTROL $0 $0 $0
II. STREET WORK & CONCRETE $85,316 $31,306 $54,010
III. STORM DRAINAGE $0 $0 $0
IV. SEWER SYSTEM $0 $0 $0
V. WATER SYSTEM $0 $0 $0
VI. STREETLIGHTS $0 $0 $0
VII. JOINT TRENCH $0 $0 $0
SUB-TOTAL: $85,300 $31,300 $54,000
10% CONSTRUCTION CONTINGENCY: $8,530 $3,130 $5,400
TOTAL PHASE 2 INTRACTS COST :$93,800 $34,400 $59,400

WATER SYSTEM SUB-TOTAL

STREETLIGHTS SUB-TOTAL

JOINT TRENCH SUB-TOTAL
S:\Projects\800\892-Spring Lake Merritt-Murphy\CPS\892.70.07 Reimbursement Agreement Exhibits\892.70.07 Pioneer Village Reimbursement Cost Exhibit.xlsx Page 2

PIONEER VILLAGE REIMBURSEMENT AGREEMENT COST SUMMARY
PROJECT: PIONEER VILLAGE - PHASES 1 AND 2
PREPARED BY: CUNNINGHAM ENGINEERING
DATE: 12/02/2022

UNIT TOTAL SLIF NON-SLIF

ITEM DESCRIPTION QTY UNIT COST COST COST DEVELOPER COST I. GRADING & EROSION CONTROL

1. CLEAR & GRUB 1.30 AC $500.00 $650.00 $520.00 $130.00

2. EXCAVATION TO SUBGRADE 705 CY $20.00 $14,100.00 $1,300.00 $12,800.00

3. ROAD-FINISH GRADING, CMPT. SUB-GRADE 10,089 SF $2.25 $22,700.25 $0.00 $22,700.25

4. SW/PATHWAY-FINISH GRADING, CMPT. SUB-GRADE 11,852 SF $1.00 $11,852.00 $5,333.40 $6,518.60

5. EROSION CONTROL 1.30 AC $3,000.00 $3,900.00 $3,120.00 $780.00

6. TRAFFIC CONTROL 1.00 LS $50,000.00 $50,000.00 $0.00 $50,000.00 $103,202.25 $10,273.40 $92,928.85
II. STREET WORK & CONCRETE

7. 5" AC PAVEMENT 9,258 SF $5.15 $47,678.70 $0.00 $47,678.70

8. 18" AGGREGATE BASE (Road/Curb/Curb&Gutter) 10,089 SF $6.00 $60,534.00 $0.00 $60,534.00

9. 2" GRIND AND OVERLAY 12,771 SF $2.50 $31,927.50 $0.00 $31,927.50

10. MICROSURFACING 21,750 SF $1.00 $21,750.00 $0.00 $21,750.00

11. REINFORCED CONCRETE PATH (10ft) 11,852 SF $11.00 $130,372.00 $58,667.40 $71,704.60

12. 4" AGGREGATE BASE (10ft path) 11,852 SF $1.75 $20,741.00 $9,333.45 $11,407.55

13. SIGNAGE AND STRIPING 1 LS $40,000.00 $40,000.00 $0.00 $40,000.00

14. CURB & GUTTER 1,170 LF $30.00 $35,100.00 $0.00 $35,100.00

15. MEDIAN CURB 183 LF $35.00 $6,405.00 $6,405.00 $0.00

16. STAMPED CONCRETE/ENHANCED CROSSWALK 945 SF $30.00 $28,350.00 $0.00 $28,350.00

17. STAMPED CONCRETE (Median) 242 SF $25.00 $6,050.00 $6,050.00 $0.00

18. PEDESTRIAN RAMPS (incl. detectable warnings) 5 EA $1,950.00 $9,750.00 $0.00 $9,750.00

19. DETECTABLE WARNING STRIP (mid-block crossing) 3 EA $1,950.00 $5,850.00 $5,850.00 $0.00

20. ENHANCED WOOD FENCE 1,136 LF $95.00 $107,920.00 $107,920.00 $0.00

21. CMU RETAINING WALL 159 LF $185.43 $29,483.37 $29,483.37 $0.00

22. REMOVE EXISTING AC 3,410 SF $3.00 $10,230.00 $0.00 $10,230.00

23. SAWCUT EXISTING (AC and Curb) 1,260 LF $5.25 $6,615.00 $0.00 $6,615.00 $598,756.57 $223,709.22 $375,047.35
III. STORM DRAINAGE

24. CURB INLET - INSTALL F&G ON EX STRUCTURE 3 EA $5,000.00 $15,000.00 $0.00 $15,000.00 $15,000.00 $0.00 $15,000.00
IV. WATER SYSTEM

25. EXISTING 30" WATERMAIN PROTECTION (TBD) 1,300 LF $10.00 $13,000.00 $0.00 $13,000.00

26. 4" IRRIGATION SLEEVES 288 LF $30.00 $8,640.00 $0.00 $8,640.00

27. 6" IRRIGATION SLEEVES 68 LF $30.00 $2,040.00 $0.00 $2,040.00 $23,680.00 $0.00 $23,680.00
V. DRY UTILITIES

28. BROADBAND CONDUIT & PULL (2) 4" CONDUITS 1,300 LF $80.00 $104,000.00 $104,000.00 $0.00 $104,000.00 $104,000.00 $0.00
VI. LANDSCAPING

29. PLANTING, IRRIGATION & AMENITIES 29,560 SF $8.50 $251,260.00 $175,610.00 $75,650.00 $251,260.00 $175,610.00 $75,650.00

SUMMARY TOTAL COST SLIF COST

NON-SLIF

DEVELOPER COST
I. GRADING & EROSION CONTROL $103,202.25 $10,273.40 $92,928.85 II. STREET WORK & CONCRETE $598,756.57 $223,709.22 $375,047.35 III. STORM DRAINAGE $15,000.00 $0.00 $15,000.00
IV. WATER SYSTEM $23,680.00 $0.00 $23,680.00
V. DRY UTILITIES $104,000.00 $104,000.00 $0.00
VI.LANDSCAPING $251,260.00 $175,610.00 $75,650.00
$1,095,898.82 $513,592.62 $582,306.20
$109,589.88 $51,359.26 $58,230.62
$1,205,488.70 $564,951.88 $640,536.82TOTAL FARMERS CENTRAL ROAD COST:

WATER SYSTEM SUB-TOTAL

DRY UTILITIES SUB-TOTAL

STREET WORK & CONCRETE SUB-TOTAL

STORM DRAINAGE SUB-TOTAL
2B. FARMERS CENTRAL ROAD IMPROVEMENTS

LANDSCAPING SUB-TOTAL
SUB-TOTAL:
10% CONTINGENCY:

GRADING & EROSION CONTROL SUB-TOTAL
S:\Projects\800\892-Spring Lake Merritt-Murphy\CPS\892.70.07 Reimbursement Agreement Exhibits\892.70.07 Pioneer Village Reimbursement Cost Exhibit.xlsx

1 SUPPLEMENTAL IMPROVEMENTS

REIMBURSEMENT AGREEMENT
(PIONEER VILLAGE – GIBSON RD./HARRY LORENZO AVE. INTERSECTION)

This Supplemental Improvements Reimbursement Agree ment (“Agreement”) is made this ______ day of _____________________, 2022 , by and between the City of Woodland, California ("City"), and Lennar Homes of California, LLC ("Developer" or “Contractor”). City and Developer are collectively referred to as “Parties.”

R E C I T A L S

A. Developer has entered into a development agreem ent and related agreements with the City allowing Developer to cons truct a project known as Subdivision No. 5162, Pioneer Village, (the "Project"); and

B. As a condition of developing the Project, City required that Developer install certain public improvements which benefit both the Project and others; and

C. City and Developer wish to enter into this Agr eement to provide for the reimbursement by City of Developer’s costs of compl eting the improvements described herein, to the extent such costs exceed Developer’s proportionate share of the costs of the improvements as determined by the benefit to Developer of the improvements.

NOW, THEREFORE, the Parties mutually agree as foll ows:

1. The public improvements subject to this Agreemen t are shown on Exhibit "A" and are identified as “the Reimbursable Improvements” and “ Work”. Developer certifies that the Reimbursable Improvements will be fully constructed , installed and paid for to the satisfaction of the City Engineer. Copies of all c ontracts associated with the Reimbursable Improvements shall be provided to City prior to, and as a condition of, reimbursement.

2. City shall reimburse Developer for the actual cost of the Reimbursable Improvements installed by Developer pursuant to this Agreement as follows:

The sum equal to the estimated construction and des ign costs, as specified in the schedule below (see also Exhibit C for complete bre akdown of Engineer’s estimate of probable costs).

2 SCHEDULE
Item
No. ITEM DESCRIPTION
TOTAL

ESTIMATED
COST
FUND

SOURCE NOTES
I.

GRADING/TRAFFIC

CONTROL/EROSION

CONTROL
$ 75,400.00
MPFP
II. STREET WORK &
CONCRETE $ 435,380.75
MPFP
III. TRAFFIC SIGNAL/
DRY UTILITIES $ 598,000.00
MPFP
Sub-Total $ 1,108,800.00 MPFP
IV. 10% CONTINGENCY $ 110,880.00 MPFP
Construction Sub-Total $ 1,220,000.00 MPFP
V. Soft Costs (estimated
at 12%) $133,056
MPFP
Soft Costs include
Engineering Design,
Survey, Plan Check &
Inspection, Construction
Management, and Bidding
expenses. All costs to be
reimbursed at actual cost.

TOTAL $1,353,056.00

The City shall reimburse Developer its actual costs of the Reimbursable Improvements after acceptance by the Community Development Depar tment and execution of this agreement. Reimbursement shall require the submiss ion of supporting documentation to the satisfaction of the City Engineer. The tota l cost of the Reimbursable Improvements is expected not to exceed $1,353,056. The Developer agrees that amount is the reasonable value of the Reimbursable Improvements installed by Developer.

3. This Agreement shall not be construed to limit t he right of City to enlarge, relocate, alter or extend the public improvements that constitute t he Reimbursable Improvements, nor shall it be construed as a grant to Developer of an y right to any exclusive use or specific capacity in or to the improvements.

4. Each and every provision of this Agreement shall be binding and inure to the benefit of the successors in interest of the Parties hereto.

5. It shall be Developer's responsibility to keep C ity apprised of Developer's address during the term of this Agreement. In the event the City is unable to locate Developer at the time that any reimbursements are due, City shall ho ld such fees for the benefit of Developer or its successor or assignee until the ex piration of this Agreement. Upon the expiration of this Agreement, any fees not reimburs ed to Developer shall escheat to City and City shall be free and clear of any forwarding obligation to Developer.

6. All Exhibits hereto are incorporated herein.

3 7. Developer shall defend, indemnify, and hold harm less City, its officials, officers, consultants, agents, and employees from and against any and all claims, demands, causes of action, costs, expenses, liabilities, los ses, damages, or injuries of any kind, in law or equity, to property or persons, in any manne r arising out of or incident to the performance of this Agreement by Developer, or its officials, officers, employees, contractors, subcontractors, suppliers, consultants , or agents (whether or not resulting from the negligence of Developer or its agents), in cluding, without limitation, the payment of all consequential damages and reasonable attorneys’ fees, expert witness fees, and other related costs and expenses.

8. This is an integrated agreement containing all o f the considerations, understandings, promises and covenants exchanged between the Partie s. This Agreement supersedes any and all prior oral or written understandings, n egotiations, or agreements. No modification of, or addition to, this Agreement shall be effective unless set forth in writing and signed by both Parties.

9. Labor Compliance:

A. Prevailing Wages. Contractor is aware of the re quirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being pe rformed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Con tractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Cont ractor with a copy of the prevailing rates of per diem wages in effect at the commenceme nt of this Contract upon request.

Contractor shall make copies of the prevailing rate s of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Cont ractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless fr om any claim or liability arising out of any failure or alleged failure to comply with th e Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

B. Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the pr ovisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor . The Contractor or any subcontractor that is determined by the Labor Commi ssioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

C. Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the Califo rnia Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day a nd forty (40) hours in any one

4 calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

D. Payroll Records. Contractor and each subcontrac tor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, a nd the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll re cords shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance sti ll be evident after such 10-day period, Contractor shall, as a penalty to City, for feit not more than $100.00 for each calendar day or portion thereof, for each worker, u ntil strict compliance is effectuated.

The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligibl e to bid on Public Works contracts for a period of one to three years as determined by the L abor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the La bor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

E. Contractor and Subcontractor Registration. Purs uant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform publi c work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontr actors’ current registration with the Department of Industrial Relations to perform publi c work. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption spec ified in Labor Code Sections 1725.5 and 1771.1.

F. Labor Compliance; Stop Orders. This Work is sub ject to compliance monitoring and enforcement by the Department of Industrial Relatio ns. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of comp lying with all labor compliance requirements under this Contract and applicable law . Any stop orders issued by the Department of Industrial Relations against Contract or or any subcontractor that affect Contractor’s performance of Work, including any del ay, shall be Contractor’s sole responsibility. Any delay arising out of or result ing from such stop orders shall be considered Contractor caused delay subject to any a pplicable liquidated damages and shall not be compensable by the City. Contractor s hall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

6 Exhibit “A”

Reimbursable Improvements

PARCEL MAP NO. 5162/PIONEER VILLAGE PHASE 1 OFFSITE IMPROVEMENT PLANS

Developer shall perform all work and furnish all ma terials necessary, in the opinion of the City Engineer and on his order, to complete the fol lowing Public Improvements in accordance with any changes required or ordered by the City Engineer which, in his opinion, are necessary or required to complete this work.

Developer is required to perform the following Public Improvements under this Agreement:

Design and construct civil and traffic signal impro vements at the intersection of Gibson Avenue and Harry Lorenzo Avenue/Bourn Drive in acco rdance with the Development Agreement and Conditions of Approval for Pioneer Vi llage Subdivision recorded on February 13, 2021 and further represented in the im provement plans entitled: “Civil Improvement Plans for Gibson Road/Harry Lorenzo/Bou rn Drive Intersection and Signal Improvements”.

7 EXHIBIT “B”

LEGAL DESCRIPTION

Real property in the City of Woodland, County of Yolo, State of California, described as follows:

Parcel 2 of Parcel Map No. 4625, filed in Book 2003 of Maps, at Page 84, Yolo County Records.

Excepting therefrom that portion thereof conveyed to the City of Woodland in grant deed recorded March 28, 2012, Instrument No. 2012-0009674, Official Records.

Further excepting therefrom that portion thereof conveyed to the City of Woodland in grant deed recorded October 6, 2015, Instrument No. 2015-0028047, Official Records.

APN: 042-580-068-000

8 EXHIBIT “C”

ENGINEER’S ESTIMATE OF PROBABLE COSTS

ESTIMATED 12% MPFP SOFT COST REIMBURSEMENT $133,056

ESTIMATE OF TOTAL MPFP REIMBURSEMENTS $1 ,353,056

PIONEER VILLAGE PH. 1 & 2SM 5162 & 5206
City of Woodland
NSWE

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: December 20, 2022
ITEM #: G.15
SUBJECT: Fee Deferral Agreement - La Quinta Hotel

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to enter into a Non-Residential Fee Deferral Agreement with 3S Hospitality, LLC.

Staff Contact:

Megan Meier, Associate Planner, [email protected], (530) 661-5814

Fiscal Impact:

There is a short-term fiscal impact on the City as a result of the recommended action to defer $648,871.12 in Development Impact and Water Capacity Fees. The deferred fees will be amortized over a five (5) year period at four (4) percent interest. The first of five payments will be due twelve (12) months from the execution date of the agreement. The applicant will then make four (4) subsequent annual payments, including principal and interest. The applicant will pay a total of $79,899.11 in interest on the deferred fees for a total of $728,770.23. The project will result in positive fiscal impacts to the city in the form of increased property, sales, and transient occupancy tax. Additionally, the project will create new jobs and employment opportunities for local residents.

Background:

In April 2021, the City of Woodland approved a Conditional Use Permit (PC 21-01) for the Woodland Depot development project. The project includes an 86-room, 4-story, 46,275 square-foot La Quinta hotel. The hotel, anticipated to break ground in the first quarter of 2023, will be located on the south side of East Main Street between the existing Walmart Shopping Center and Interstate I-5 northbound off-ramp in the Regional Commercial zoning district. Additional improvements are required as part of the entitlement conditions of approval, including the construction of a new ADA curb, sidewalk and gutters, medians, site landscaping, parking, and EV chargers along with other hotel amenities including a bar and grill and adjacent pool area.

Discussion:

The current cost of construction due to inflationary constraints has resulted in added burdens to development and upfront holding costs. Payment of the City’s development impact fees and water capacity fees at the time of building permit issuance adds an additional financial burden, challenging the project’s financial feasibility.

The applicant has worked closely with the City and their financial lender to develop the fee deferral agreement terms necessary for the project to move forward in Spring 2023. The owner/developer, 3S Hospitality, owns and manages a number of successful hotel locations in California and nationally. 3S Hospitality wishes to move forward with the La Quinta hotel in Woodland, bringing vitality to a longstanding vacant site on E. Main Street. The hotel project will also improve the viability of future uses at the larger Woodland Depot project site, including the adjacent 7-Eleven market and gas station currently under construction, and the future restaurant/commercial pad which the owner is actively marketing. The Fee Deferral Agreement includes a Deed of Trust and Promissory Note that provides the City with payment security in the event of any issues with future loan repayment.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to enter into

a Non-Residential Fee Deferral Agreement with 3S Hospitality, LLC.

Prepared by: Megan Meier, Associate Planner

Reviewed by: Erika Bumgardner, Principal Planner/ Business Development Liaison Brent Meyer, Community Development Director/City Engineer

Attachments:

1. Resolution Fee Deferral

2. LaQuinta Hotel Fee Deferral Agreement

82093.00006\32153527.2
RESOLUTION NO. _____

A RESOLUTION AUTHORIZING THE CITY MANGER TO ENTER INTO A NON- RESIDENTIAL FEE DEFERRAL AGREEMENT WITH 3S HOSPITALITY, LLC WHEREAS, Section 15.20.060(a) of the City of Woodland Municipal Code allows deferral of certain development impact fees under certain conditions; and WHEREAS, 3S Hospitality, LLC has received all needed entitlements and approvals (PC 21-01); and
WHEREAS, 3S Hospitality owns an undeveloped 2.38 acre parcel (APN: 027-310-052) that it wishes to develop as a new 86-room La Quinta hotel site; and WHEREAS, the new hotel will bring vitality to an underutilized development site within the City of Woodland, providing additional visitor amenities as well as local jobs; and WHEREAS, the new hotel will result in positive fiscal impacts to the city in the form of increased property, sales and transient occupancy tax; and WHEREAS, the City has estimated the proposed development impact fees and water capacity fees to be $648,871.12; and
WHEREAS, the applicant has submitted all of the required documents in order to qualify for fee deferral; and
WHEREAS, under the terms of the Agreement, deferred fees will be amortized over a five (5) year period at 4 percent interest. Payments shall be based on date of execution of the agreement, which shall be no later than 30 days from City Council approval. The Parties have also agreed that first payment shall be due twelve months from the date of execution of the agreement; and WHEREAS, 3S Hospitality, LLC, will then make five (5) successive annual payments that include principal and interest. The applicant will pay a total of $79,899.11 in interest on the deferred fees for a total of $728,770.23; and
WHEREAS, the fee deferral will therefore be secured by execution of a promissory note by both 3S Hospitality, LLC and a deed of trust secured by the La Quinta Hotel property; and WHEREAS, the action of fee deferral does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

NOW THEREFORE, BE IT RESOLVED THAT the City Council of the City of Woodland approves the attached Fee Deferral Agreement between the City and 3S Hospitality, LLC, subject to minor clarifying changes as approved by the City Manager in consultation with the

82093.00006\32153527.2
City Attorney and further subject to the City Manager determining to his satisfaction that the La Quinta Hotel will provide adequate security for the fee deferral.

NOW THEREFORE, BE IT FURTHER RESOLVED THAT the City Council authorizes the City Manager to execute a Fee Deferral Agreement subject to the conditions set forth above and to take any other actions necessary or appropriate to effectuate the fee deferral agreement.

PASSED AND ADOPTED by the City Council this 20th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________________
Vicky Fernandez, Mayor
ATTEST:
_________________________________
Ana B. Gonzalez, City Clerk

82093.00006\31929645.1

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Woodland
300 First Street
Woodland, CA 95695
Attention: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER’S USE
EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE § 6103

DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT
between

THE CITY OF WOODLAND
a California municipal corporation
and
3S Hospitality, LLC
a Limited Liability Company
Dated as of _____________, 20___

3S Hospitality, LLC –La Quinta Impact Fee Deferral Agreement 2 82093.00006\31929645.1

DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT
This Development Impact Fee Deferral Agreement (“Agreement”) is entered into on this day of ___________, 20__, by and between the City of Woodland, a California municipal corporation (“City”), and 3S Hospitality, a Limited Liability Company (“Owner”). City and Owner are sometimes individually referred to herein as “Party” and together as “Parties.” This Agreement shall become effective (“Effective Date”) on the date following both approval by the City of Woodland City Council and execution of the Agreement by the appropriate authorities or officers of the City and Owner.

RECITALS
A. City imposes certain fees on development projects to offset the cost of providing services, which are commonly referred to as development impact fees, and are due at the time of building permit issuance.

B. The City has identified and designated certain projects throughout the City that are paid for with development impact fees and are referenced in the City’s Major Projects Financing Plan, which is updated from time to time, and is explained in more detail in the Major Projects Financing Plan Nexus Study.

C. Owner owns certain real property in the City of Woodland, California, with an address of ___________ ______, and further identified as Yolo County Assessor’s Parcel Number 027-860-052 (“Property”). The Property is legally described in Exhibit “A & B” attached hereto and incorporated herein by reference. The Property is currently planned to be developed to be an approximate 46,275 sq. ft, 86 room hotel (“Project”). At least 51% of the occupiable square footage of the Project will be used for non-residential purposes.

D. Owner has received all approvals for the Project, including site plan and design review, but has not yet received a building permit. Owner is obligated to pay to City certain development impact fees (“DIF”) prior to obtaining a building permit for the Project.

E. Owner is also obligated to pay a water capacity fee (“WCF”) upon application based on the size of water meter(s) needed for the Project.

F. Owner has requested that the total DIF and WCF amount of SIX HUNDRED

FORTY-EIGHT THOUSAND EIGHT HUNDRED SEVENTY-ONE DOLLARS AND TWELVE CENTS ($648,871.12) (“Loan Amount”) due for Project be deferred for a total of five (5) years from the Agreement Effective Date.

F. The Loan Amount will be paid in annual installments of ONE HUNDRED

FORTY-FIVE THOUSAND SEVEN HUNDRED FIFTY-FOUR DOLLARS AND FIVE CENTS ($145,754.05) over a five (5) year period with balance of Loan Amount due in the fifth installment, at four percent (4%) interest, which City has determined based on its own independent investigation and review to constitute a market rate interest rate. Specific payment amounts are shown in Exhibit “C” attached. To secure payment of the outstanding DIF and WCF owed to City, as further described in this Agreement, Owner agrees to provide the security as required herein.

3S Hospitality, LLC –La Quinta Impact Fee Deferral Agreement 3 82093.00006\31929645.1
G. On December 16, 2008, the City Council adopted Ordinance No. 1501 (“Fee Deferral Ordinance”) to allow for the deferral of certain development impact fees for market-rate residential and non-residential projects. Since 2008, the City Council has adopted ordinances extending the Fee Deferral Ordinance, including on June 20, 2017, when the City Council adopted Ordinance No. 1617 amending Section 6B-110 (recodified as Section 15.20.110) of the City of Woodland Municipal Code to extend the Fee Deferral Program through June 30, 2022, and on November 20, 2018, when the City Council adopted Ordinance No. 1640 amending the Woodland Municipal Code to expand the types of impact fees that may be eligible for deferral and to allow both in-fill residential and non-residential development to benefit from a fee deferral program.

H. The purpose of this Agreement is to set forth the terms and conditions upon which the City will allow Owner to defer payment of the DIF and WCF.

I. The Parties understand and agree that the obligations created under this Agreement will run with the land and be binding upon all successors and assigns to the Property, or any part thereof.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Agreement by reference as though fully set forth herein.

2. Eligibility for Fee Deferral. Owner agrees that it has satisfied all of the conditions for eligibility for entering into this Agreement, as set forth in Section 15.20.060(a) of the City of Woodland Municipal Code, and Owner understands and agrees that City is relying on Owner’s representations in entering into this Agreement. Should Owner and/or the Property or Project be deemed at any time subsequent to the execution of this Agreement to be ineligible for a deferral of development impact fees pursuant to the Fee Deferral Ordinance, regardless of whether Owner intentionally or unintentionally misrepresented to the City that Owner was eligible for a deferral of fees, City may terminate this Agreement and require all subject fees to be immediately paid in full.

3. Total Fee Obligation Total Fee Obligation. As a condition of building permit issuance for the Project, Owner is required to pay the estimated totality of DIF and WCF (as shown in detail in Exhibit “B,” attached hereto and incorporated herein), in a single lump sum payment, in the amount of SIX HUNDRED FORTY-EIGHT THOUSAND EIGHT HUNDRED SEVENTY-ONE DOLLARS AND TWELVE CENTS ($648,871.12) (“Loan Amount”). The Parties have agreed to enter into agreement for the payment of fees over a five-year period.

Payments shall be based on date of execution of the agreement, which shall be no later than 30 days from City Council approval. The Parties have also agreed that first payment shall be due twelve months from the date of execution of the agreement. The Loan Amount will then be paid in annual installments, over a period of five years provided that an interest rate of four percent (4%) shall be charged on the entire balance of the Original Loan Amount. The total obligation shall be SEVEN HUNDRED TWENTY-EIGHT THOUSAND SEVEN HUNDRED SEVENTY DOLLARS AND TWENTY-THREE CENTS ($728,770.23).

3S Hospitality, LLC –La Quinta Impact Fee Deferral Agreement 4 82093.00006\31929645.1

4. Termination if Building Permit Not Secured Within Twelve Months. City’s agreement to defer the fees as set forth herein is conditioned upon Owner securing a building permit for the Project within twelve (12) months of the Effective Date of this Agreement. If Owner fails to secure a building permit for the Project within such twelve (12) month period, this Agreement shall automatically terminate, and the City shall have no further obligation to defer the DIF or WCF. Upon such termination, the City shall return the Promissory Note to Owner with confirmation that it has been cancelled, and shall take such steps as are necessary to release and reconvey the Deed of Trust to Owner.

5. Yearly Payments. Owner agrees to pay the total Loan Amount over five (5) years with the first installment of ONE HUNDRED FORTY-FIVE THOUSAND SEVEN HUNDRED FIFTY-FOUR DOLLARS AND FIVE CENTS ($145,754.05) due twelve (12) months from Agreement Effective Date. The amortization schedule is attached hereto and incorporated herein as Exhibit C, (“Yearly Installments”). Subsequent Yearly Installments shall be remitted to City on the anniversary date of payment of the first installment. A late fee of up to ten percent (10%) may be charged on any Yearly Installment not received by the due date.

6. No Pre-Payment Penalty. Owner may make an early payment to City without a pre- payment penalty as an alternative to making annual payments. The payment must be in a lump sum amount equal to the then remaining balance, including any accrued interest up to the date of payment, under this Agreement.

7. Personal Obligation; Obligation Runs with the Land. The Parties acknowledge and agree that payment of the DIF and WCF benefits the Property, and the obligation to pay the DIF and WCF in full shall run with the land and be binding on the Property and all successors and assigns thereto. Owner hereby further acknowledges and agrees that the obligation to pay the DIF and WCF shall continue and remain an obligation of Owner as well as (jointly and severally) any successors in interest of Owner, including, without limitation, any successor in interest to the Property or any portion of the Property.

8. Security. From and after the Effective Date, this Agreement shall contractually bind Owner to pay the DIF and WCF and shall constitute a lien against the Property in the amount of the DIF and WCF. City and Owner shall additionally execute that certain Promissory Note Secured by Deed of Trust (“Promissory Note”), and Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing (“Deed of Trust”), which together are set forth in Exhibit D, attached hereto and incorporated herein by this reference. The amounts due under this Agreement and the Promissory Note shall be secured by the Deed of Trust, which shall be recorded in the Official Records of the County of Yolo, California concurrently with the recordation of this Agreement. Upon payment of the DIF and WCF to City in full, City shall execute and record in the Official Records of the County of Yolo, California a release of the Deed of Trust and any lien(s) from the Property in a form approved by the City Attorney. At Owner’s request, City will deliver a copy of the executed release form to Owner. The invalidity or unenforceability of any lien or security instrument provided for under this Agreement shall not affect the contractual

3S Hospitality, LLC –La Quinta Impact Fee Deferral Agreement 5 82093.00006\31929645.1
obligation of Owner to pay any and all fees for the Property, nor shall the sale, lease, or any encumbrance of the Property release Owner of this contractual obligation.

9. City’s Remedies For Owner’s Default. Failure of Owner to pay the DIF and WCF pursuant to this Agreement shall be deemed an event of default hereunder, and City shall have the right, in addition to any other right or remedy in this Agreement, and in its sole discretion, to: (a) demand immediate payment in full by Owner or successors in interest of Owner of all outstanding amounts owed; (b) charge a late fee on all late and outstanding payments; (c) treat and collect all outstanding amounts as a lien against the Property; or (d) enforce any combination of the foregoing rights, in addition to any other right City may have in law or in equity.

10. Rights Not Granted Under Agreement. This Agreement is not, and shall not be construed to be, an approval or a granting of any right or entitlement (vested or otherwise) by City concerning any development on the Property, or any other project, development, or other construction by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner from paying any fees for any entitlements, permits, licenses, or other approvals that may be required by the City or other public entity with jurisdiction over the Property at the time required by the City or other public entity with jurisdiction over the Property, or any other project development or other construction by Owner. This Agreement does not, and shall not be construed to, exempt Owner from any requirement to obtain permits or other discretionary or non- discretionary approvals as may be necessary for the development, maintenance, or operation of the development on the Property or any other project, development, or other construction by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner or the Property from the application or exercise of the City’s or any of its related agencies’ power of eminent domain or is police powers, including, but not limited to, the regulation of land uses, and the taking of any actions necessary to protect the health, safety, and welfare.

11. Indemnification. Owner shall defend (with counsel of City’s choice), indemnify and hold City, its officials, officers, employees, and agents free and harmless from any and all claims, liabilities, losses, costs, expenses, damages, or injuries to property or persons, including wrongful death, in any manner caused by any acts, omissions, or willful misconduct of Owner, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with this Agreement or the Fee Deferral Ordinance (“Claims”), including without limitation, the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. The indemnity provided herein shall include coverage of City under any warranty or guarantee implied by law or fact, or otherwise given to Owner. This indemnification provision shall not apply to any Claims arising out of or incident to the sole negligence or willful misconduct of City, its officials, officers, employees, or agents. In addition, this indemnity provision and any warranties or guarantees shall not limit any liability under law of any consultants or contractors of Owner.

Without limiting the foregoing, this indemnity shall extend to any claims arising because Owner has failed to properly secure any necessary easements, land rights, contracts or approvals, or to comply with the Prevailing Wage Laws.

12. Notice to Subsequent Owners. The original of this Agreement will be recorded in the Official Records of the County of Yolo, California, and will provide notice to subsequent owners/occupants of the Property that the Property is subject to this Agreement and the conditions

3S Hospitality, LLC –La Quinta Impact Fee Deferral Agreement 6 82093.00006\31929645.1
and obligations herein. Recordation of this Agreement shall provide constructive notice to all buyers and lessees of the existence of this Agreement and the obligations hereunder to pay the DIF obligation when and as due.

13. Cumulative Remedies. The rights or remedies of City, as provided in this Agreement, or pursuant to any applicable laws, rules, or regulations, may be pursued singly successively, together, or otherwise against the Property, Owner, or its transferees, successor(s), or assign(s) at the City’s sole discretion. City’s failure to exercise any such right or remedy shall in no event be construed as a waiver or release of such rights or remedies, or of the right to exercise them at a later time.

14. No Waiver. City or Owner’s failure to insist on performance of any of the terms or conditions of this Agreement or to excuse any right, remedy, or privilege of City’s or Owner’s waiver of any breach hereunder shall not thereafter be deemed a subsequent waiver of any of the terms, conditions, or rights, remedies, or privileges, whether of the same or similar type. No party will be deemed to have waived any rights under this Agreement unless the waiver is made in writing and signed by the waiving party or that party’s duly authorized representative. All rights and remedies provided for under this Agreement are cumulative.

15. Cooperation. The Parties agree to cooperate with each other in good faith and in furtherance of the purposes of this Agreement. The Parties hereby agree to take such other reasonable actions and execute such other documents as are consistent with this Agreement and as are reasonably necessary to effectuate this Agreement; provided, however, that the foregoing shall not require City to take any legislative act or exercise its discretion in any particular manner.

16. Entire Agreement. This Agreement contains the final and complete agreement between the Parties with respect to the matters herein discussed and supersedes all previous communications and agreements between them, either oral or written, to the extent such prior communications and agreements are inconsistent with this Agreement.

17. Assignment. This Agreement is not assignable by Owner without the prior written consent of City, and any attempt to make such assignment shall be void and shall constitute an incurable material default under this Agreement. Upon such unpermitted assignment, City shall be entitled, in addition to any other remedy provided in this Agreement, to immediately make demand upon the Note. Should a permitted assignment occur, the terms, conditions, and obligations created under this Agreement shall run with the Property in perpetuity from the Effective Date and shall be binding upon all successors and assigns to the Property.

18. Attorneys’ Fees. If any action or proceeding is commenced between City and Owner to enforce or interpret any term of this Agreement, the prevailing party in such action or proceeding, in addition to all other relief to which it may be entitled, shall be entitled to recover from the other party the prevailing party’s cost of suit and reasonable attorneys’ fees. The attorneys’ fees and costs shall include, without limitation, attorneys’ costs and fees incurred on appeal and those incurred in enforcing any judgment rendered in any such action or proceeding.

Such attorneys’ costs and fees may be recovered as an element of costs in the underlying action or proceeding or in a separate recovery action.

3S Hospitality, LLC –La Quinta Impact Fee Deferral Agreement 7 82093.00006\31929645.1

19. Prevailing Wages. Owner is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Owner agrees to fully comply with such Prevailing Wage Laws. Upon request, City shall provide Owner with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Owner shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Owner’s principal place of business and at the project site.

Owner shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Owner and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Section 1776), hours of labor (Labor Code Sections 1813 and 1815), contractor registration (Labor Code Sections 1725.5 and 1771.1), and debarment of contractors and subcontractors (Labor Code Section 1777.1). It shall be the sole responsibility of Owner to determine whether to comply with Prevailing Wage Laws for any or all work required by this Agreement. As a material part of this Agreement, Owner agrees to assume all risk of liability arising from any decision not to comply with Prevailing Wage Laws for work required by this Agreement.

20. Notices. All notices shall be in writing and shall be considered given: (i) when delivered in person to the receipt named below; or (ii) three days after deposit in the United States mail, postage prepaid, addressed to the recipient named below. All notices shall be addressed as follows:

If to City:

City Manager
City of Woodland
300 First Street
Woodland, California 95695
Telephone: (530) 661-5800
With Copies to:

Best Best & Krieger LLP
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Attn: Ethan Walsh

3S Hospitality, LLC –La Quinta Impact Fee Deferral Agreement 8 82093.00006\31929645.1
Telephone: (916) 325-4000
If to Owner:
3S Hospitality, LLC
Shane Ibrahim, CFO
[Address]
Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

21. Governing Law. This Agreement and its provisions shall in all respects be interpreted, construed, enforced, and governed by and under the laws of the State of California, without regard to conflict of laws principles.

22. Consent to Jurisdiction, Venue. Any action or proceeding brought with regard to this Agreement shall be instituted and maintained in the Superior Court for the County of Yolo, California. Owner hereby forgoes and waives any provision of law providing for a change of venue from such court on the grounds that City is or may be a party to any such action of proceeding.

23. Modification. This Agreement may be modified only by another written instrument duly authorized and executed by both City and Owner.

24. Severability. The provisions of this Agreement are specifically made severable. If any clause, provision, rights, and/or remedy provided for herein is unlawful or unenforceable, the remainder of this Agreement shall remain in effect and be enforced as if such clause, provision, right, and/or remedy were not contained herein.

25. Headings. Section headings contained in this Agreement are for convenience only and shall not impact the construction or interpretation of any provision.

26. Rules of Construction. The language in all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against either City or Owner. This Agreement is the product of mutual negotiation and drafting efforts. Accordingly, the judicial rule of construction that ambiguities in a document are to be construed against the drafter of that document shall have no application to the interpretation or enforcement of this Agreement.

27. No Third Party Beneficiaries. This Agreement and the performance of the City’s and Owner’s obligations hereunder are for the sole and exclusive benefit of the City and Owner.

No person or entity who or which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against either the City or Owner hereunder as a result of the

3S Hospitality, LLC –La Quinta Impact Fee Deferral Agreement 9 82093.00006\31929645.1
City’s or Owner’s performance or nonperformance of their respective obligations under this Agreement.

28. Execution. This Agreement may be executed in one or more counterparts, each of which shall be an original and together shall constitute the entire agreement of the parties.

29. Authorization. Each person executing this Agreement represents and warrants that he or she has the full power and authority to execute this Agreement on behalf of the named parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY

CITY OF WOODLAND,
a California Municipal Corporation
OWNER
3S Hospitality LLC,
A Limited Liability Company
By: __________________________________
Ken Hiatt
City Manager
Dated: _____________________________
By: __________________________________
Shane Ibrahim, CFO
Dated: _____________________________
ATTEST:

By: __________________________________
Ana B. Gonzalez
City Clerk
APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP
By: __________________________________
City Attorney

Exhibit A
82093.00006\31929645.1

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

82093.00006\31929645.1
EXHIBIT “B” TO

DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT
Subject Fees for Building Permit No. BLDG-21-01306_________ The following development impact fees, in the total amount of SIX HUNDRED FORTY-

EIGHT THOUSAND EIGHT HUNDRED SEVENTY-ONE DOLLARS AND TWELVE CENTS ($648,871.12) imposed on the Property by the City of Woodland upon issuance of City of Woodland Building Permit No. BLDG-21-01306_____ shall be deferred pursuant to the terms and conditions of this Agreement:
(1) General City Development Impact Fees in the amount of $26,287.91. (2) Police Development Impact Fees in the amount of $21,483.05. (3) Water Capacity Fees in the amount of $62,997.00.
(4) Road Development Impact Fees in the amount of $327,501.50. (5) Administration Development Impact Fees in the amount of $3,688.39. (6) Storm Drain Water Development Impact Fee in the amount of $0. (7) Fire Development Impact Fees in the amount of $72,345.59. (8) Wastewater Development Impact Fees in the amount of $134,567.70.

Total: $648,871.12.

82093.00006\31929645.1
EXHIBIT “C”
Amortization Schedule

Exhibit D
82093.00006\31929645.1

EXHIBIT D

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Woodland
300 First Street
Woodland, CA 95695
Attn: City Clerk
Space above line for Recorder’s use only
Exempt from Recording Fees pursuant to Govt. Code § 27383

CITY OF WOODLAND

DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT

AND FIXTURE FILING
(La Quinta Hotel, 3S Hospitality LLC)
This Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing (“Deed of Trust”) is dated _____________ , 20__, and recorded in the Official Records of Yolo County, executed by 3S Hospitality, a LLC, in favor of the City of Woodland.

This Deed of Trust is made as of , 20__, among 3S Hospitality, a Limited Liability Company (“TRUSTOR”), whose address is ____________________; First American Title Company (“TRUSTEE”); and the CITY OF WOODLAND (“BENEFICIARY”), whose address is 300 First Street, Woodland, CA 95695.

Trustor irrevocably grants, conveys, transfers, and assigns to Trustee in trust, with power of sale and right of entry and possession, all of Trustor’s estate, right, title, and interest in, to and under the following property (collectively, the “Property”): (a) the real property in Woodland, California, described on Exhibit 1 attached hereto and incorporated herein by this reference, together with all existing and future easements and rights affording access to it (the “Land”); (b) together with all buildings, structures, and improvements now existing or hereafter constructed thereon (the “Improvements”); (c) together with all articles of personal property now or hereafter attached to, placed upon for an indefinite term, or used in connection with the Land and/or Improvements, together with all goods and other property that are, or at any time become, so related to the Property that an interest in them arises under real estate law, or they are otherwise adjudged to be a “fixture” under applicable law (each a “Fixture,” collectively “Fixtures”); (d) together with all other property and interests of any kind or character that may be reasonably necessary or desirable to promote the present and future beneficial use and enjoyment of such real property and improvements.

1.Secured Obligations. Trustor makes the grant, conveyance, transfer, and assignment herein for the purpose of securing the following obligation (the “Secured Obligation”): (a) payment of the sum of SIX HUNDRED FORTY-EIGHT THOUSAND

Exhibit D
82093.00006\31929645.1
EIGHT HUNDRED SEVENTY-ONE DOLLARS AND TWELVE CENTS ($648,871.12) according to the terms of a promissory note (the “Note”) of even date herewith, executed by Trustor in favor of Beneficiary, or order and any extension or renewals thereof, and (b) due, prompt and complete observance, performance and discharge of each and every monetary and non- monetary condition, obligation, covenant and agreement contained herein or contained in the Development Impact Fee Deferral Agreement entered into by and between Trustor and Beneficiary (the “Fee Deferral Agreement”) of even date herewith. The Agreement and the Note (collectively, “Secured Obligations”) and all of their terms are incorporated herein by reference and this conveyance shall secure any and all extensions, amendments, modifications or renewals thereof, however evidenced.

2.Maintenance and Repair. Trustor shall (a) keep the Property in good condition and repair; (b) complete or restore promptly and in good and workmanlike manner any building that may be constructed, damaged, or destroyed; (c) pay when due all claims for labor performed and materials furnished; (d) comply with all laws affecting the Property or requiring any alterations or improvements to be made; (e) not commit or permit waste; and (f) cultivate, irrigate, fertilize, fumigate, prune, and do all other acts which from the character or use of the Property may be reasonably necessary.

3.Insurance. Trustor shall maintain hazard insurance against loss by fire, hazards included with the term “extended coverage,” and any other hazards for which Beneficiary requires insurance, and liability insurance. The insurance carrier and the insurance policies and amounts of coverage shall be acceptable to Beneficiary, the policies shall name Beneficiary as a loss payee or an additional insured, as applicable, and the policies shall include Beneficiary as an additional insured, as applicable.

4.Defense of Security. Trustor shall appear in and defend any action or proceeding purporting to affect the security or the rights or powers of Beneficiary or Trustee. Trustor shall pay all costs and expenses, including costs of evidence of title and attorneys’ fees, in any such action or proceeding in which Trustee or Beneficiary may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust.

5.Payment of Taxes and Liens. Trustor shall pay (a) at least 10 days before delinquency, all non-abated taxes and assessments affecting the Property; (b) when due, all encumbrances, charges, and liens, with interest, on the Property, that are or appear to be prior or superior to this Deed of Trust; and (c) upon demand all reasonable and documented costs, fees, and expenses of this Deed of Trust. If Trustor fails to make any payment or to do any act provided for in this Deed of Trust after written notice of such failure by Beneficiary and a reasonable opportunity to cure, then Beneficiary or Trustee may, without obligation to do so, and with or without notice to or demand upon Trustor, and without releasing Trustor from any obligation under this Deed of Trust: (a) make or do the same in such manner and to such extent as either may deem necessary to protect the security, Beneficiary or Trustee being authorized to enter upon the Property for such purposes; (b) appear in or commence any action or proceeding purporting to affect the security, or the rights or powers of Beneficiary or Trustee; (c) pay, purchase, contest, or settle any encumbrance, charge, or lien, which in the judgment of either appears to be senior to this Deed of Trust; and (d) in exercising any such powers, pay allowable expenses, including attorneys’ fees.

Exhibit D
82093.00006\31929645.1

6.Reimbursement of Costs. Trustor shall pay upon demand all reasonable and documented sums expended by Beneficiary or Trustee provided for in this Deed of Trust or allowed by law, and as provided in the Agreement and Note.

7.No Waiver. By accepting payment of any sum after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums or declare a default for failure to pay.

8.Reconveyance. That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and said note or notes to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals of such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as “the person or persons legally entitled thereto.”

9.Assignment of Rents. Subject to the rights of senior lenders, Trustor hereby absolutely and unconditionally assigns to Beneficiary all of the rents, issues, profits, royalties, revenues, income, and other benefits (collectively, the “Rents”) derived from the Property, whether now due, past due or to become due, and hereby gives to and confers upon Beneficiary, either directly or through a receiver, the right, power, and authority, but not the obligation, to collect the Rents, and to sue, either in the name of Trustor or Beneficiary, for all such Rents and to apply the same to the indebtedness secured hereby in such order as Beneficiary may determine in its sole discretion. This assignment of Rents is intended to create and shall be construed to create an absolute assignment to Beneficiary of all of Trustor’s right, title, and interest in the Rents. So long as no default exists by Trustor in the payment of any indebtedness secured hereby, or in any other covenant contained herein, or in said note or notes or in any other document evidencing or securing such indebtedness, Trustor shall have the right to collect all Rents from the Property and to retain, use, and enjoy the same. Upon the occurrence of such a default beyond any applicable notice and cure periods, without the necessity of demand or other notice to Trustor or any other act to enforce Beneficiary’s interest pursuant to this assignment, Trustor shall have no interest whatsoever in the Rents that are received by Trustor after a default, and all such Rents shall be received and held by Trustor in constructive trust for Beneficiary and delivered promptly to Beneficiary, or to a court-appointed receiver for the Property, without the necessity for further notice to, or demand upon, Trustor. Upon the occurrence of such a default, beyond any applicable notice and cure periods, and at any time thereafter during the continuance thereof, Beneficiary may, at its option, send any tenant of the Property a notice to the effect that: (a) a default has occurred; (b) Beneficiary has elected to exercise its rights under this assignment; and (c) such tenant is thereby directed to thereafter make all payments of Rents to or for the benefit of Beneficiary or as Beneficiary shall direct. Any such tenant shall be entitled to rely upon any notice from Beneficiary and shall be protected with respect to any payment of Rents made pursuant to such notice, irrespective of whether a dispute exists between Trustor and Beneficiary with respect to the existence of a default or the rights of Beneficiary hereunder. Any such tenant shall not be required to investigate or determine the validity or accuracy of such notice or the validity or enforceability of this assignment. Trustor hereby agrees to indemnify, defend, and hold any such tenant harmless from and against any and all losses, claims, damages or liabilities arising from or related to any payment of Rents by such tenant made in reliance on and pursuant to such notice.

Exhibit D
82093.00006\31929645.1

10.Default and Foreclosure. Upon default by Trustor in payment or performance of any Secured Obligation, subject to any applicable notice and cure period, Beneficiary may declare all sums secured immediately due and payable by delivery to Trustee of a declaration of default and demand for sale and of a notice of default and of a notice of sale, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, said note or notes, and all documents evidencing expenditures secured by this Deed of Trust. Upon default of any obligation secured by this Deed of Trust and acceleration of all sums due, Beneficiary may instruct Trustee to proceed with a sale of the Property under the power of sale granted in this Deed of Trust, noticed and held in accordance with California Civil Code Sections 2924, et seq., as such statutes may be amended from time to time. Trustor waives all rights it may have to require marshaling of assets or to require sales of assets in any particular order, including any rights under California Civil Code Sections 2899 and 3455.

11.Substitution of Trustee. Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. Said instrument must contain the name of the original Trustor, Trustee, and Beneficiary hereunder, the book and page where this Deed of Trust is recorded, and the name and address of the new Trustee.

12.Successors and Assigns. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term “Beneficiary” shall mean the owner and holder, including pledgees, of the secured note or notes, whether or not named as Beneficiary herein.

13.Trustee Acceptance. Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.

14.Further Assurances. Trustor shall, at its own cost and expense, do, execute, acknowledge, and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignments, transfers, and assurances as Trustee or Beneficiary shall from time to time reasonably require, for better assuring, conveying, assigning, transferring, and confirming unto Trustee the Property and rights hereby conveyed or assigned or intended now or hereafter so to be, or which Trustor may be or may hereafter become bound to convey or assign to Trustee, or for carrying out the intention or facilitating the performance of the terms of this Deed of Trust, or for filing, registering, or recording this Deed of Trust. Trustor shall, on demand, execute and deliver, and hereby authorizes Trustee and Beneficiary, or either of them, to execute in the name of Trustor, to the extent it may lawfully do so, one or more financing statements, chattel mortgages, or comparable security instruments, to evidence more effectively the lien hereof. Immediately upon the execution and delivery of this Deed of Trust, and thereafter from time to time, Trustor shall cause this Deed of Trust, and any security instruments creating a lien or evidencing the lien hereof upon any personal property and each instrument of further assurance,

Exhibit D
82093.00006\31929645.1
to be filed, registered, or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to protect the lien hereof upon, and the title of Trustee to, the Property encumbered hereby.

15.Condemnation and Insurance Proceeds. Immediately upon obtaining knowledge of the institution of any proceedings for the condemnation or other taking of all or any portion of the Property, or knowledge of any casualty damage to the Property, or damage in any other manner, Trustor shall immediately notify Beneficiary thereof. Trustor hereby authorizes and empowers Beneficiary as attorney-in-fact for Trustor to make proof of loss, to adjust and compromise any claim under the insurance policies covering the Property, to appear in and prosecute any action arising from such insurance policies, to collect and receive insurance proceeds, and to deduct therefrom Beneficiary’s expenses incurred in the collection of such proceeds; provided, however, that nothing contained in this Section shall require Beneficiary to incur any expense or take any action hereunder. Trustor hereby authorizes and empowers Beneficiary, at Beneficiary’s option, as attorney-in-fact for Trustor, to commence, appear in, and prosecute, in Beneficiary’s or Trustor’s name, any action or proceeding relating to any condemnation or other taking of all or any part of the Property, whether direct or indirect, and to settle or compromise any claim in connection with such condemnation or other taking. The proceeds of any award payment or claim for damages, direct or consequential, in connection with any condemnation or other taking, whether direct or indirect, of the Property, or any part thereof, or for conveyances in lieu of the Property, or any part thereof, shall be paid to Beneficiary. The foregoing powers of attorney are coupled with an interest and are irrevocable. Trustor hereby authorizes Beneficiary to apply such awards, payments, proceeds or damages relating to condemnation of the Property and insurance covering the Property, after the deduction of Beneficiary’s expenses incurred in the collection of such amounts, subject to the requirements of applicable law and the provisions hereof, to restoration or repair of the Property or to payment of the sums secured by this Deed of Trust. Beneficiary shall be under no obligation to question the amount of any compensation, awards, proceeds, damages, claims, rights of action, and payments relating to condemnation or other taking of the Property or insured casualty affecting the Property, and may accept the same in the amount in which the same shall be paid. Trustor shall execute such further evidence of assignment of any awards, proceeds, damages or claims arising in connection with such condemnation or taking or such insurance as Beneficiary may require. Notwithstanding the above, the Beneficiary shall release all insurance and condemnation proceeds to Trustor to be used to reconstruct the improvements on the Property provided that Beneficiary reasonably determines that such restoration, repair or rebuilding is economically feasible. If such insurance proceeds shall be insufficient for such purposes, Trustor shall make up the deficiency. If the Project is subject to a partial condemnation or taking, then the proceeds received therefrom shall be applied to restore the Project taken, provided the Beneficiary determines that such restoration is economically feasible and no default exists under the Secured Obligations following the expiration of all applicable cure periods. If the Project is subject to a total condemnation, or if Beneficiary determines that restoration of the Project is not feasible following a partial condemnation, or if a default exists then the proceeds from any condemnation award or claim for damages shall be used first to repay all sums under the Secured Obligations, with the excess, if any, paid to Trustor, subject to the rights of the senior lender.

16.Severability. If any one or more of the provisions contained in this Deed of Trust shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,

Exhibit D
82093.00006\31929645.1
illegality, or unenforceability shall not affect any other provisions of this Deed of Trust, but this Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein or therein, but only to the extent of such invalidity.

17.Estoppel Certificate. Trustor shall, within thirty (30) days of a written request from Beneficiary, furnish Beneficiary with a written statement, duly acknowledged, setting forth the sums secured by this Deed of Trust and any right of set-off, counterclaim or other defense which exists against such sums and the obligations of this Deed of Trust.

18.California Uniform Commercial Code Security Agreement; Fixture Filing.

Trustor hereby grants Beneficiary a security interest in all personal property of Trustor located on the Property and wherever located and used in any way in connection with or in any way relating to the Property, and whether now owned or hereafter in existence, acquired or created (including equipment, inventory, goods, documents, instruments, general intangibles, chattel paper, accounts, accounts receivable, deposit accounts, and contract rights), and all fixtures of Trustor now owned or hereafter in existence, acquired or created on, of or relating to the Property, and all substitutions, replacements, additions, accessions, and proceeds (including insurance proceeds) of all of the foregoing (collectively, the “Personal Property”). Beneficiary may file this Deed of Trust, or a reproduction hereof, in the real estate records or other appropriate index, as a financing statement for the Personal Property. Any reproduction of this Deed of Trust or of any other security agreement or financing statement shall be sufficient as a financing statement. In addition, Trustor shall execute and deliver to Beneficiary, upon Beneficiary’s request, any financing statements, as well as extensions, renewals, and amendments thereof, and reproductions of this Deed of Trust in such form as Beneficiary may require to perfect a security interest with respect to the Personal Property. Trustor shall pay all costs of filing such financing statements and any extensions, renewals, amendments, and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements Beneficiary may reasonably require. Upon Trustor’s breach of any covenant or agreement of Trustor contained in this Deed of Trust, including the covenants to pay when due all sums secured by this Deed of Trust, Beneficiary shall have the remedies of a secured party under the California Uniform Commercial Code and, at Beneficiary’s option, may also invoke any remedies provided in this Deed of Trust as to the Personal Property.

In exercising any of such remedies, Beneficiary may proceed against the Property and any of the Personal Property separately or together and in any order whatsoever, without in any way affecting the availability of Beneficiary’s remedies under the California Uniform Commercial Code or the remedies provided in the Deed of Trust. This Deed of Trust also covers goods which are or which are to become fixtures on the Property and constitutes and is filed as a fixture filing under the California Uniform Commercial Code.

19.Due-On-Sale or Encumbrance. If all or any part of the Property, or any interest therein, or any beneficial interest in Trustor (if Trustor is not a natural person or persons but is a corporation, partnership, trust, limited liability company or other legal entity), is sold, transferred, mortgaged, assigned, pledged, or further encumbered, whether directly or indirectly, whether voluntarily or involuntarily, or by operational law, Beneficiary may, at Beneficiary’s option, declare all of the sums secured by this Deed of Trust to be immediately due and payable, and Beneficiary may invoke any remedies permitted by this Deed of Trust.

Exhibit D
82093.00006\31929645.1
The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to Trustor at Trustor’s address hereinbefore set forth at its address set forth in the Fee Deferral Agreement.

TRUSTOR:
3S Hospitality,
a Limited Liability Company
By:

Name: Shane Ibrahim
Title: CFO

Exhibit D
82093.00006\31929645.1
EXHIBIT 1

LEGAL DESCRIPTION OF PROPERTY

82093.00006\31929645.1

PROMISSORY NOTE

SECURED BY DEED OF TRUST
Woodland, California _____________, 202__
For value received, the undersigned (herein “Owner”, whether one or more), promises to pay to the CITY OF WOODLAND, a California municipal corporation (“City”), at 300 First Street, Woodland, California 95695, or at any other place that may be designated in writing by City, the principal sum of SIX HUNDRED FORTY-EIGHT THOUSAND EIGHT HUNDRED SEVENTY-ONE DOLLARS AND TWELVE CENTS ($648,871.12). All sums due are payable in lawful money of the United States of America.

1. This Promissory Note Secured by Deed of Trust (“Promissory Note”) is made and delivered pursuant to and in implementation of that certain Development Impact Fee Deferral Agreement entered into by and between City and Owner of even date herewith (the “Fee Deferral Agreement”). The terms and conditions of the Fee Deferral Agreement are incorporated herein by this reference.

2. The Promissory Note (“Promissory Note”) is secured by a Deed of Trust Assignment of Rents, Security Agreement, and Fixture Filing of the same date as this Note, executed by Owner, as Trustor, in favor of City, as Beneficiary (“Deed of Trust”), and encumbering the real property described in the Deed of Trust (“Property”). The holder of this note will be entitled to the benefits of the security provided by the Deed of Trust and will have the right to enforce the covenants and agreements of Owner contained in the Deed of Trust.

3. Principal and interest under this Note are due and payable as set forth in Sections 3 and 4 of the Fee Deferral Agreement.

4. If Owner fails to make any required payment on or before ten (10) days following the date upon which it becomes due, Owner shall pay a late charge equal to ten percent (10%) of the amount of the unpaid payment. All payments on this Promissory Note will be applied first to the payment of any costs, fees, late charges, or other charges incurred in connection with the indebtedness evidenced by this Promissory Note; next, to the payment of accrued interest, then to the reduction of the principal balance.

5. If:
(a) Owner fails to pay when due any sum payable under this Promissory Note; or, (b) Owner fails to pay any indebtedness secured by, or fails to perform any covenant or agreement under, the Deed of Trust; or,
(c) Owner agrees to or actually sells, conveys, transfers, disposes of, or further encumbers the Property, or any part thereof, of any interest therein, without first obtaining the written consent of the holder of this Promissory Note,

82093.00006\31929645.1
Then Owner shall pay to City all sums owing under this Promissory Note without deduction, offset, or counterclaim of any kind. The relationship of Owner and City under this Promissory Note is solely that of borrower and lender, and the loan evidenced by this Promissory Note and secured by the Deed of Trust will in no manner make City the partner or joint venturer of Borrower.

6. In the event of a dispute arising under this Promissory Note, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in accordance with California Civil Code Section 1717. For purposes of this Promissory Note, a dispute shall be construed as arising under the Promissory Note if its subject matter pertains to one or more terms of the Promissory Note, the Deed of Trust, or any other document(s) pertaining to the indebtedness that is evidenced by this Promissory Note. Should either party be entitled to attorneys’ fees as the result of a dispute arising under this Promissory Note, the Fee Deferral Agreement or the Deed of Trust, that party shall also be entitled to interest at a rate of ten percent (10%) per annum, which shall begin to accrue as of the date of the demand and shall continue until paid.

7. No previous waiver, failure, or delay by City in acting with respect to the terms of this Promissory Note, the Fee Deferral Agreement or the Deed of Trust shall constitute a waiver of any breach, default, or failure of condition under this Promissory Note, the Fee Deferral Agreement or the Deed of Trust. A waiver of any term of this Promissory Note, the Fee Deferral Agreement or the Deed of Trust must be made in writing and will be limited to the express written terms of the waiver. All notices required or permitted in connection with this Promissory Note will be in writing and will be given at the place provided in the Deed of Trust for the giving of notices.

8. Borrower may make principal prepayments on any installment due date in addition to the regularly scheduled payment mentioned above with no penalty for such prepayment.

9. If any term or provision of this Promissory Note is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provision or part thereof shall be stricken from this Promissory Note and such provision shall not affect the legality, enforceability, or validity of the remainder of this Promissory Note. If any provision or part of this Promissory Note is stricken in accordance with the provisions of this paragraph, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.

Time is of the essence with respect to every provision of this Promissory Note. This Promissory Note will be construed and enforced in accordance with California law, except to the extent that Federal laws preempt State law, and all persons and entities in any manner obligated under this Note consent to the jurisdiction of any Federal or State Court within California having proper venue and also consent to service of process by any means authorized by California or Federal law.

The contents and effect of the instruments are acknowledged, understood, and accepted in full by Borrower.

82093.00006\31929645.1
Date: ________________, 202___
__________________________________
By: Shane Ibrahim
Its: CFO

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: December 20, 2022
ITEM #: G.16
SUBJECT: CityWorks License Agreement

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to enter into an agreement for the purchase of CityWorks software licenses in the amount of $71,000.

Staff Contact
Kayla Rodriguez, Public Works Management Analyst, 530-661-5902, [email protected]

Fiscal Impact
In FY2021/2022, the annual cost for CityWorks licenses increased from $34,500 to $56,000. In FY2022/23 the fees for the licenses required by the City will again increase to $71,000. The increase in cost will be absorbed in the current budget and no other appropriations will be required for the remainder of the fiscal year.

Background
The City has been utilizing CityWorks to track work orders and manage workload since 2002. The program is not only used for work order tracking; it is really an asset management platform that includes management of service requests, work orders, and assets. The City of Woodland and its staff are nationally recognized for their implementation of the Cityworks platform, which includes utilizing CityWorks Application Programming Interfaces (APIs) to create customized workflows and tools.

IT has developed, using the CityWorks APIs, several applications and interfaces to facilitate cross-departmental communication. For example, the Finance department and Public Works staff can manage, in real time, the monthly utility shutoffs. Since 2020, IT has also been maintaining an interface between ESRI’s Citizen Reporter application and Cityworks, so staff from Public Works, Community Development, and the Police Department can manage citizen requests in a centralized location.

After meeting with CityWorks in 2020, it was determined that the City was not in compliance with the use requirements of the APIs, per our license agreement. Due to the investment in programing time, training staff, and the efficiencies these applications provide, staff determined what steps were necessary to become compliant. At that time, the City had the choice of either purchasing individual API licenses for the custom applications or to purchase the Premium Enterprise License Agreement (ELA), which gives the City access to everything that CityWorks has to offer. The cost difference was negligible, and the Premium ELA provided the City with additional advantages. As a further incentive, CityWorks agreed to ramp up the price over 3 years.

Discussion
The City has a long history of using the CityWorks program and is a premier user of CityWorks. City staff is well trained in using the program and all of the customization created internally. The program is not just utilized by Public Works, it is also utilized by Code Enforcement and PD.

Essentially, CityWorks serves as a platform underlying the City’s GIS system. It tracks locations and type work done; cleaning up homeless activity and blight, Sanitary Sewer Overflows, and leaking and broken water pipes.

This data is then used to prioritize repairs and larger CIP projects. CityWorks is being used to manage facility improvements and preventative maintenance. Public Works is even migrating the fleet division onto this platform, which will result in a savings when the existing fleet management program, Faster, is no longer

needed.

Conclusion
Staff recommends that Council approve entering into a license agreement with CityWorks for $71,000.

Prepared by: Kayla Rodriguez, Public Works Management Analyst

Reviewed by: Craig Locke, Public Works Director

Attachments:

1. Woodland, CA_Cityworks License Agreement 10-24-2020_Executed

2. 22.12.14 - CityWorks Resolution

RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND TO

APPROVE ENTERING INTO THE CITYWORKS LICENSE AGREEMENT
WHEREAS, the City of Woodland (“City”) requires software to manage the maintenance replacement and repair of numerous physical assets within its jurisdiction; and WHEREAS, the City has a long and successful track record with using the CityWorks software; and WHEREAS, due to staff’s familiarity with the CityWorks software they can efficiently use resources and manpower to address maintenance and operations; and WHEREAS, the maintenance and operation of City systems increases in complexity every year; and WHEREAS, the software tracking the City systems must also increase in complexity to keep track of new variables and provide more information; and
WHEREAS, the cost for this service increases as a result of increased development time and capabilities for the software; and
WHEREAS, the City Council wishes to approve the above mentioned license agreement and authorize its execution through the adoption of this Resolution; and NOW, THEREFORE, BE IT RESOLVED, as follows:

Section 1: This City Council hereby finds and determines that the foregoing recitals are true and correct.

Section 2: The City Council hereby approves City Manager to enter into a license agreement with CityWorks for $71,000 for this year’s usage of the CityWorks system PASSED AND ADOPTED this 20th day of December, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Victoria Fernandez, Mayor
ATTEST: ______________________________
Ana Gonzalez, City Clerk
APPROVED AS TO FORM: ______________________________
Ethan Walsh, City Attorney

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: December 20, 2022
ITEM #: G.17
SUBJECT: Supporting the Pursuit of Federal Funding

Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, supporting efforts to secure federal funding for the Woodland Flood Risk Management Project, the SR 113 / I-5 connector, and other key infrastructure priorities.

Staff Contact:

Spencer Bowen | [email protected]

Background:

Two of the City's top priorities, the Woodland Flood Risk Management Project and the SR 113 / I-5 Connector, will require significant capital investment. Staff continues to pursue diverse funding options for these critical projects, including federal dollars.

Discussion:

Project partners and the City's federal lobbyists recommended to staff that the City Council adopt the attached resolution in order to best position Woodland for federal funding, including early 2023 Congressional earmark requests.

Conclusion:

Staff recommends that the City Council adopt Resolution No. _____, supporting efforts to secure federal funding for the Woodland Flood Risk Management Project, the SR 113/I-5 Connector, and other key infrastructure priorities.

Prepared by: Spencer Bowen

Attachments:

1. Resolution Federal Funding 2022-2023

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND IN

SUPPORT OF PURSUING FEDERAL FUNDING
WHEREAS, the City of Woodland pursues projects that will elevate the quality of life for our residents; and
WHEREAS, federal funding can make a significant local impact, particularly in large- scale infrastructure projects; and
WHEREAS, the Woodland City Council recognizes that municipalities must work creatively and collaboratively with our partners at all levels of government to deliver the best results for the public; and
WHEREAS, projects like the Woodland Flood Risk Management Project and the State Route 113 / Interstate 5 connector will enhance safety, affordability, sustainability, and equity for all Woodlanders.

NOW, THEREFORE, BE IT RESOLVED, that the Woodland City Council fully supports staff’s efforts to pursue federal funding for the Woodland Flood Risk Management Project, the SR113 / I-5 Connector, and any other projects that the City submits to the United States Congress for consideration.

PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 20th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Vicky Fernandez, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: December 20, 2022
ITEM #: H.18
SUBJECT: Introduction and First Reading of an Ordinance adopting Changes to the California Building, Plumbing, Mechanical, Electrical and Existing Building Codes

Recommendation for Action: Staff recommends that the City Council waive the first reading and read by title only an ordinance adopting by reference the 2022 Edition of the California Building Standards (California Code of Regulations, Title 24), Consisting of the 2022 California Building Code Part 1 & 2; the 2022 California Residential Code Part 2.5; the 2022 California Electrical Code Part 3; the 2022 California Mechanical Code Part 4; the 2022 California Plumbing Code Part 5; the 2022 California Energy Code Part 6; the 2022 California Historical Building Code Part 8; the 2022 California Existing Building Code Part 10; the 2022 California Green Building Standards Code Part 11; the 2022 California Reference Standards Code Part 12, along with the 2021 International Property Maintenance Code; the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; the 1997 Edition of the Uniform Housing Code; and the 1997 Edition of the Uniform Security Code, together with certain additions, insertions, deletions and changes thereto.

Staff Contact:

Joel Luevano, Chief Building Official - (530) 661-5825; [email protected]

Fiscal Impact
There is no net new fiscal impact to the City associated with this amendment.

Background
Every three years, the various State and National Building Codes are revised to reflect the latest in building and fire safety standards. In 2022, the State’s Building Standards Commission approved for adoption the following codes: 2022 California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, the 2022 California Plumbing Code, 2022 Energy Code, 2022 Historical Building Code, 2022 California Existing Building Code, 2022 California Reference Standards and 2022 California Green Building. Other codes being adopted by the City are the 1997 Uniform Housing Code, the 1997 Uniform Security Code, 1997 Uniform Code for the Abatement of Dangerous Buildings and the 2021 International Property Maintenance Code with amendments.

According to California law, the 2022 California Building Standards Code applies to a building permit application submitted on or after the effective date to all occupancies throughout the state. The revised code will go into effect on January 1, 2023; the full text of all code material is available for public inspection in the Building Officials office.

Discussion
While the City of Woodland and other communities are required by state law to utilize the newest State adopted version of the codes, adoption of the codes (by reference) by local jurisdictions provides greater consistency among jurisdictions. This adoption process also allows for minor modifications (amendments) to the codes to reflect local conditions.

State Building Standards Law does not limit the authority of a City to establish more restrictive building standards than those contained in the code that are reasonably necessary because of local climatic, geological,

or topographical conditions. The Council could add amendments, as it sees fit, if the findings for the amendments comply with modifications based on the local climatic, geological, or topographical conditions.

Each separate amendment is composed of two parts: the findings and the text of the amendment. The findings are local justification for needing the amendment. These findings are sent to the Building Standards Commission and kept on file. The findings must be based upon local topography, climate, or geology.

Administrative amendments do not require findings. See Exhibit “A” to the Ordinance for findings to support amendments to the Standards.

All current City amendments have been reviewed for applicability with the new codes. With this adoption all former amendments have been rewritten, deleted, or revised to reflect the most current needs of the City of Woodland. Some of the most substantive amendments are:

Concrete Slabs: Minimum thickness is 4 inches, with a 5 sack mix, and reinforced with re-bar 18 inches on center each way. Soils having a Plasticity Index (PI) of 15 or greater shall be considered expansive requiring floor slabs to be designed for expansive soils.

Concrete Driveways: Minimum thickness is 4 inches, with a 5 sack mix, reinforced with #3 bar 18 inches on center each way, with a 3-inch gravel base.

Asphalt Paving: 3 inches of asphalt over 8 inches Class II aggregate base.

Water piping in or under Concrete Slabs: Not permitted unless specific conditions are met.

Residential roof mount solar: Pigeon proofing shall be required on all new residential development.

Every effort is being made to keep the amendments to a minimum; this makes for consistency among jurisdictions and helps streamline the building plan checking process.

The government mandated triennial code adoption can put a tremendous strain on local governments for staff training. Staff will be attending the annual training classes. All Building Division staff will be trained in the critical changes in the new code.

Public Contact
The formal adoption action takes place at a following Council meeting after a public hearing is held. Prior to that meeting there will be two public notices: December 20, 2022 and January 17, 2023. One copy of the 2022 California Building Standards Code, uniform codes, and proposed ordinance will be available for public inspection in the Office of the Building Official. Information on the new codes will be posted on the City’s website. Many classes and seminars are being taught around the state on the new codes and are available to architects, contractors, and the general public. Links to classes and seminars on the new codes will be posted on the city website.

Conclusion
Staff recommends that the City Council waive reading and read by title only, and introduction the Ordinance to adopt by reference the 2022 Edition of the California Building Standards (California Code of Regulations, Title 24), Consisting of the 2022 California Building Code Part 1 & 2, the 2022 California Residential Code Part 2.5, the 2022 California Electrical Code Part 3, the 2022 California Mechanical Code Part 4, the 2022 California Plumbing Code Part 5, the 2022 California Energy Code Part 6, the 2022 California Historical Building Code Part 8, the 2022 California Existing Building Code Part 10, the 2022 California Green Building Standards Code Part 11, and the 2022 California Reference Standards Code Part 12; the 2021 International Property Maintenance Code; the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; the 1997

Edition of the Uniform Housing Code; and the 1997 Edition of the Uniform Security Code, together with certain additions, insertions, deletions and changes thereto.

Prepared by: Joel Luevano, Chief Building Official

Reviewed by: Brent Meyer, Community Development Director/City Engineer

Attachments:

1. Building Code Ordinance

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WOODLAND AMENDING SECTIONS 15.04.010, 15.04.020, 15.04.030, 15.04.040, 15.04.050, 15.04.060, 15.04.070,

15.04.080, 15.04.090, 15.04.100, 15.04.110 AND 15.04.120 TO ARTICLE I OF CHAPTER 15.04 OF THE WOODLAND MUNICIPAL CODE, ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), CONSISTING IN PART OF THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA HISTORICAL CODE, THE 2022 CALIFORNIA EXISTING CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE AND THE 2022 CALIFORNIA REFERENCE STANDARDS CODE ; THE 2021

INTERNATIONLAL PROPERTY MAINTENANCE CODE, THE
1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; THE 1997 EDITION OF THE UNIFORM HOUSING CODE; AND THE 1997 EDITION OF THE UNIFORM SECURITY CODE, TOGETHER WITH CERTAIN

ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO
WHEREAS, pursuant to California Government Code Section 50022.1 et seq. the City of Woodland (“City”) may adopt by reference the California Building Standards Code, 2022 Edition as provided in Title 24 and 25 of the California Code of Regulations and other codes, including, without limitation, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Housing Code, and the Uniform Security Code; and
WHEREAS, the California Building Standards Commission (“Commission”) recently adopted the 2022 Edition of the California Building Standards Code; and WHEREAS, California Health and Safety Code Section 17958.7 and 18941.5 authorize cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City desires to adopt the California Building Standards Code with the necessary amendments to assure the Codes are tailored to the particular safety needs of the City as required by its unique climatic, geological and topographical conditions; and WHEREAS, the City held a public hearing on December 20, 2022 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on December 6, 2022.

WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

The City Council of the City of Woodland does hereby ordain as follows:

1. Purpose. The purpose of this Ordinance is to amend Sections 15.04.010, 15.04.020,

15.04.030, 15.04.040, 15.04.060, 15.04.070, 15.04.080, 15.04.090, 15.04.100, 15.04.110,

15.04.120, 15.04.130 and 15.04.140 to the City of Woodland Municipal Code, adopting by reference the 2022 Edition of the California Building Standards Code as provided in Title 24 of the California Code of Regulations (“California Building Standards Code”), including the California Building Code, 2022 Edition (California Code of Regulations, Title 24, Part 2), which incorporates and amends the International Building Code, 2021 Edition; the California Residential Code, 2022 Edition (California Code of Regulations, Title 24, Part 2.5), which incorporates and amends the International Residential Code, 2021 Edition; the California Electrical Code, 2022 Edition (California Code of Regulations, Title 24, Part 3), which incorporates and amends the National Electrical Code, 2017 Edition; the California Mechanical Code, 2022 Edition (California Code of Regulations, Title 24, Part 4), which incorporates and amends the Uniform Mechanical Code, 2021 Edition; the California Plumbing Code, 2022 Edition (California Code of Regulations, Title 24, Part 5), which incorporates and amends the Uniform Plumbing Code, 2021 Edition; the California Existing Building Code, 2022 Edition (California Code of Regulations, Title 24, Part 8,10 and 12), which incorporates and amends the International Existing Building Code, 2018; the California Green Building Standards Code, 2022 Edition (California Code of Regulations, Title 24, Part 11); the California Building Energy Efficiency Standards, 2022 Edition; adopting by reference the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, the Uniform Housing Code, 1997 Edition, and the Uniform Security Code, 1997 Edition, together with certain additions, insertions, deletions and changes thereto, to regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, electrical, plumbing, mechanical, and maintenance of all buildings or structures in the City of Woodland; provide for the issuance of permits and collection of fees set forth in the City of Woodland Comprehensive Fee Schedule; and provide for penalties for the violation of the codes adopted herein.

2. Authority. The City Council enacts this Ordinance under the authority granted to the City as follows:
(a) California Government Code Section 50022 et seq. authorizes the City to adopt by reference the California Building Standards Code and authorizes the City to adopt other uniform codes by reference;
(b) California Health & Safety Code Section 17958.7 and 18941.5 authorize the City to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological or topographical conditions

3. Findings. The City Council hereby finds that the proposed amendments to the 2022 California Building Standards Code are more restrictive than the standards adopted by the California Building Standards Commission, and are reasonably necessary because of local climatic, geologic or topographic conditions, based on the express findings and determinations, marked in relation to the respective amendments provided in this ordinance, described in “Exhibit A” attached hereto, and hereby adopted by the City Council as the findings to support the modifications to the California Building Standards Code.

4. Amendment. Article I to Chapter 15.04 of the City of Woodland Municipal Code is hereby amended in its entirety by amending Sections 15.04.010, 15.04.020, 15.04.030, 15.04.040,

15.04.050, 15.04.060, 15.04.070, 15.04.080, 15.04.090, 15.04.100, 15.04.110, 15.04.120,

15.04.130 and 15.04.140 to read as follows:

CHAPTER 15.04

BUILDING CODES
Sections:

Article I. General Provisions

15.04.010 Adoptions of the Codes and Related Appendices

15.04.020 Violation of Codes – Penalties

15.04.030 Amendments to the California Building Code

15.04.040 Amendments to the California Electrical Code

15.04.050 Amendments to the California Mechanical Code

15.04.060 Amendments to the California Plumbing Code

15.04.070 Amendments to the Uniform Code Abatement of Dangerous Buildings

15.04.080 Amendments to the Uniform Housing Code

15.04.090 Amendments to the Uniform Security Code

15.04.100 Amendments to the California Residential Code

15.04.110 Amendments to the California Green Building Standards Code

15.04.120 Amendments to the California Existing Building Code

15.04.130 Amendments to the International Property Maintenance Code

15.04.140 Amendments to the California Energy Code
Sec. 15.04.010 Adoption of Codes
(a) The 2022 Edition of the California Building Code contained in Part 1 & 2 of Title 24 of the California Code of Regulations, which incorporates and amends the 2021 Edition of the International Building Code published by the International Code Council, together with Chapter 1, is hereby adopted by reference as the Building Code of the City of Woodland; (b) The 2022 Edition of the California Residential Code contained in Part 2.5 of Title 24 of the California Code of Regulations, which incorporates and amends the 2021 Edition of the International Residential Code published by the International Code Council, is hereby adopted by reference as the Residential Code of the City of Woodland; (c) The 2022 Edition of the California Electrical Code contained in Part 3 of Title 24 of the California Code of Regulations, which incorporates and amends the 2020 Edition of the National Electrical Code published by the National Fire Protection Association, is hereby adopted by reference as the Electrical Code of the City of Woodland; (d) The 2022 Edition of the California Mechanical Code contained in Part 4 of Title 24 of the

California Code of Regulations, which incorporates and amends the 2021 Edition of the Uniform Mechanical Code published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference as the Mechanical Code of the City of Woodland;
(e) The 2022 Edition of the California Plumbing Code contained in Part 5 of Title 24 of the California Code of Regulations, which incorporates and amends the 2021 Edition of the Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials, together with and Appendix I, not included in the 2021 California Plumbing Code is hereby adopted as the Plumbing Code of the City of Woodland; (f) The 2022 Edition of the California Energy Code contained in Part 6 of Title 24 of the California Code of Regulations is hereby adopted as the Energy Code of the City of Woodland;
(g) The 2022 Edition of the California Green Building Standards contained in Part 11 of Title 24 of the California Code of Regulations is hereby adopted as the Green Building Standards Code of the City of Woodland;
(h) The 2022 Edition of the California Existing Building code contained in the Parts 8,10, and 12 of Title 24 of the California Code of Regulations is here by adopted as the Existing Building code of the City of Woodland;
(i) All appendices of the aforementioned Codes that have also been adopted by any state agency will be enforced by the City of Woodland as applicable. (j) The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, is hereby adopted by reference as the Dangerous Buildings Code of the City of Woodland;
(k) The Uniform Housing Code, 1997 Edition published by the International Conference of Building Officials, as referenced and adopted by the California Department of Housing and Community Development in Title 25 of the California Code of Regulations pursuant to Sections 17958, 17958.5, 17958.7, 17958.9 and 17959 of the California Health and Safety Code is hereby adopted by reference as the Housing Code of the City of Woodland; (l) The Uniform Security Code, 1997 Edition published by the International Conference of Building Officials, is hereby adopted by reference as the Security Building Code of the City of Woodland;
(m) The International Property Maintenance Code, 2021 Edition published by the International Conference of Building Officials, is hereby adopted by reference as the Property Maintenance Code of the City of Woodland;
(n) The above-identified codes in this Section 15.04.010 (hereinafter collectively referred to as the "Codes") are adopted for the purpose of prescribing regulations for the erection, construction, modification, repair, maintenance, demolition, use and occupancy of buildings and structures. One copy of each of the Codes shall be maintained for use and examination of the public in the Office of the Building Official.

Sec. 15.04.020 Violation of Codes - Penalties
Violation of any provision of the Codes shall subject the violator to any or all of the following: suit for civil remedy or criminal penalty, or the administrative penalties provided in Chapter 9.20 of the Woodland Municipal Code.

The criminal penalty for the first or second offense shall be punishable as an infraction as defined by the California Penal Code, as amended from time to time. The criminal penalty for a third offense or more, shall be punishable as a misdemeanor as defined by the California Penal Code, as amended from time to time. Nothing in this paragraph shall be construed as precluding the application of the administrative penalties provided in Chapter

9.20 of the Woodland Municipal Code.

Sec. 15.04.030 Amendments to California Building Code
The provisions of this Section 15.04.030 shall constitute local amendments to the cross- referenced provisions of the 2022 Edition of the California Building Code, and shall be deemed to replace the cross-referenced section in said Code with the respective provisions set forth in this Section 15.04.030.
(a) Section 105.3 is amended by adding Item 8 at the end of the text of that section to read as follows:
“8. The permittee or his authorized agent shall provide a list of the subcontractors whose services are required and will be part of the prime contract. The permittee, who shall be the owner of the improvements for which the permit is to be issued or the general contractor who has assumed the prime contract shall be responsible for the fees for all permits required for the completion of improvements for which the building permit applied for is to be issued. None of the forgoing shall be construed to prevent subcontractors from applying for and receiving permits upon payment of fees in accordance with other applicable ordinances.”
(b) Section 109.2 is amended by adding at the end of the text of that section, a new paragraph to read as follows:
“Permit fees for each permit shall be as set forth in the “The City of Woodland Comprehensive Fee Schedule,” except for permits issued covering work performed on buildings or structures owned, leased, or operated by any City, County, State, Federal government agency, or any public agency or district.

In addition, Capital Improvement Facilities Fees shall be as set forth below. (1) Facilities Fees.
(i) Capital improvement facilities fees are hereby established as a condition of the issuance of building permits in the city. In addition to the citywide capital improvement facilities fee (the major projects financing plan fee or “MPFP”), the Spring Lake infrastructure fee (“SLIF”) is hereby established as a condition of the issuance of building permits in the Spring Lake specific plan area. The City Council shall, by separate resolutions, set forth the specific amounts of the MPFP and the

SLIF, identify the specific public improvements to be financed thereby, describe the estimated costs of these facilities, describe the reasonable relationship between such facilities and the various types of new developments, and describe the relationship between the need for the public facility and the various types of new developments.
(ii) Facilities fees shall be paid by each applicant concurrent with the issuance of a building permit.
(2) Limited Use of Facilities Fees. The revenues raised by payment of these facilities fees shall be placed in separate and special accounts, and such revenues, along with any interest earnings on each account, shall be used solely to:
(i) Pay for the City’s future construction of each category of facilities described in the resolution enacted pursuant to Section 108.2(1)(i) above, or to reimburse the city for those facilities identified in the resolution which have been constructed by the city with funds advanced from other sources;
(ii) Reimburse developers who have installed such identified facilities which are oversized with supplemental size, length, or capacity; or (iii)Allow temporary borrowing between categories of facilities fee accounts, consistent with Government Code Section 66006(a).
(3) Supplemental Fees. An applicant may propose a project, the impact upon public facilities of which, in the judgment of the director of public works, is significantly greater than that used to calculate the standard fees. The director of public works may make such a determination on a case-by-case basis and may impose a supplemental fee on such project.

The determination shall be made based upon the application for a development permit, or upon the application for a building permit if no development permit is required, and any additional information requested by the director of public works. The director of public works may require the developer to submit engineering data, calculations, or other project information which is necessary to make a determination pursuant to this paragraph.
(4) Administrative Guidelines. The City Council shall, by resolution, adopt Administrative Guidelines to provide procedures for the calculation, adjustment, reimbursement, credit, deferral, or waiver of the Capital Improvement Facilities Fees. However, in no event shall facilities fees be waived unless an alternative source of funding to replace the fees has been secured.”
(d) Section 114 is amended to read as follows:
“Section 114 Violations
114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure

or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed in Section 15.04.020 of the Woodland Municipal Code.”
(e) Section 406.3.1 is amended by adding, at the end of the text of that section, a new paragraph to read as follows:
“All concrete driveways designed to access Group U occupancies associated with private garages or carports shall be constructed with the following requirements:
(i) The minimum thickness of concrete driveway slabs supported directly on the ground shall not be less than 4 inches.
(ii) The minimum concrete mix shall be 5 sacks per cubic yard of concrete. (iii)The concrete driveway shall be reinforced with not less than No.3 bar at 18 inches on center in both directions placed at mid height of the slab or an approved alternate.
(iv)The concrete driveway shall be underlain by a minimum of 3 inches of gravel base material.”
(f) Section 1907.1 is amended by deleting and replacing the first paragraph with a new paragraph to read as follows:
“1907.1 General. The thickness of concrete floor slabs supported directly on the ground shall not be less than 4 inches (101.6 mm). A 10-mil (0.010 inch; 0.25 mm) polyethylene vapor retarder with joints lapped not less than 6 inches (152 mm) shall be placed between the base course or subgrade and the concrete floor slab, or other approved equivalent methods or materials shall be used to retard vapor transmission through the floor slab. The

minimum concrete mix shall be 5 sacks per cubic yard of concrete. The floor slab shall be reinforced with a minimum No. 4 bar 18 inches on center in both directions. All soils having a Plasticity Index (PI) of 15 or greater, determined in accordance with ASTM D 4318, shall be considered expansive requiring floor slabs designed complying with CBC 1808.6.2.”
(g) The following local regulation related to asphalt paving (not involving regulations contained in the California Building Standards Code) is hereby adopted to include the following requirements for asphalt paving:
“(i) The minimum structural section of on-site asphalt paving shall be 3 inches of asphalt concrete over 8 inches of Class II aggregate base. (ii) The Class II aggregate base shall be compacted to a minimum 95% over subgrade compacted to 92 %.
(iii) The shipping areas, or other areas paved in anticipation of regular truck traffic, the minimum structural section shall be based upon the recommendations of the certified soils engineering report according to an appropriate traffic index for the anticipated use.”
Sec. 15.04.040 Amendments to California Electrical Code The provisions of this Section 15.04.040 shall constitute local amendments to the cross- referenced provisions of the 2022 Edition of the California Electrical Code and shall be deemed to replace the cross-referenced section in said Code with the respective provisions set forth in this Section 15.04.040.
(a) Section 89.108.4.2 is amended by adding, at the end of the text of that section, a new paragraph to read as follows:
“Permit fees for each permit shall be as set forth in the “The City of Woodland Comprehensive Fee Schedule,” except for permits issued covering work performed on buildings or structures owned, leased, or operated by any City, County, State, Federal government agency, or any public agency or district.”
Sec. 15.04.050 Amendments to California Mechanical Code The provisions of this Section 15.04.050 shall constitute local amendments to the cross- referenced provisions of the 2022 Edition of the California Mechanical Code and shall be deemed to replace the cross-referenced section in said Code with the respective provisions set forth in this Section 15.04.050.
(a) Section 1.8.4.2 is amended by adding, at the end of the text of that section, a new paragraph to read as follows:
“Permit fees for each permit shall be as set forth in the “The City of Woodland Comprehensive Fee Schedule,” except for permits issued covering work performed on buildings or structures owned, leased, or operated by any City, County, State, Federal

government agency, or any public agency or district.”
Sec. 15.04.060 Amendments to California Plumbing Code
The provisions of this Section 15.04.060 shall constitute local amendments to the cross- referenced provisions of the 2022 Edition of the California Plumbing Code, and shall be deemed to replace the cross-referenced section in said Code with the respective provisions set forth in this Section 15.04.060.
(a) Section 104.3.2 is amended by adding, at the end of the text of that section, a new paragraph to read as follows:
“Permit fees for each application shall be as set forth in the “The City of Woodland Comprehensive Fee Schedule,” except for permits issued covering work performed on buildings or structures owned, leased, or operated by any City, County, State, Federal government agency, or any public agency or district.”
(b) Section 609.3 is amended by adding, at the beginning of the text of that section, a new paragraph to read as follows:
“Water piping within a building shall not be installed in or under a concrete slab resting on the ground without prior approval of the Building Official.” Sec. 15.04.070 Amendments to the Uniform Code for the Abatement of Dangerous Buildings
The provisions of this Section 15.04.070 shall constitute local amendments to the cross- referenced provisions of the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings and shall be deemed to replace the cross-referenced section in said Code with the respective provisions set forth in this Section 15.04.070. (a) Section 201 is amended, by adding at the end of the text of that section, the following new subsections:
“201.4 Authority to Disconnect Utilities. The Building Official or the Building Official's authorized representative shall have the authority to disconnect a utility service or energy supplied to the building, structure or building equipment therein regulated by this Code, or the City of Woodland’s Building Code, Residential Code, Mechanical Code, Plumbing Code, or Electrical Code, in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall, whenever possible, notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter. 201.5 Authority to Condemn Building Service Equipment. When the Building Official ascertains that building service equipment regulated in the City of Woodland’s Building Code, Residential Code, Mechanical Code, Plumbing Code, or Electrical Code has become hazardous to life, health, or property, or has become unsanitary, the Building

Official shall order in writing that such equipment either be removed or restored to a safe or sanitary condition, as appropriate. The written notice itself shall fix a time limit of compliance with such order. Defective building service equipment shall not be maintained after receiving such notice.

When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore shall be given within 24 hours to the serving utility, the owner, and occupant of such building, structure, or premises.

When any building service equipment is maintained in violation of the City of Woodland’s Building Code, Residential Code, Mechanical Code, Plumbing Code, or Electrical Code, and in violation of a notice issued pursuant to the provisions of this section, the Building Official shall institute appropriate action to prevent, restrain, correct, or abate the violation. 201.6 Connection after Order to Disconnect. Persons shall not make connections from an energy, fuel or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such equipment.” (b) Section 302 is hereby deleted and replaced to read as follows:
“Section 302 Dangerous Buildings.

For the purpose of this code, the words set out in this section shall have the following meaning:

A. “Abandoned building or structure” means any building or structure which has not been actively utilized for a lawful purpose, which has not been maintained, and which has not been rendered inaccessible to members of the public by boarding or similar means, for a continuous period of not less than six months.

B. A “dangerous building or structure” means that the condition or defect hereinafter described exists to the extent that life, health, property or safety of the public or its occupants are endangered:
(1) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;
(2) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of a fire or panic;
(3) Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the city building code for new buildings of similar structure, purpose or location; (4) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the city building code for new buildings of similar structure, purpose or

location;
(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; (6) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the city building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the city building code for such buildings;
(7) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction; (8) Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, or decay; faulty construction; the removal, movement or instability of any portion to the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse;
(9) Whenever for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(10) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb-line passing through the center of gravity does not fall inside the middle of one-third of the base;
(11) Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, fifty percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings;
(12) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated through lack of maintenance, as to become an attractive nuisance to children; a harbor for vagrants, criminals or immoral persons; or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts;
(13) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion, less than fifty percent, or in any supporting part, member or portion less than sixty-six percent of the strength, fire-resisting qualities or characteristics, or weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location;
(14) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise is determined by

the code enforcement officer, to be unsanitary, unfit for human habitation or in such condition that is likely to cause sickness or disease;
(15) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, faulty gas connections or heating apparatus, faulty construction, or other cause, is determined by the code enforcement officer to be a fire, health, or safety hazard;
(16) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure;
(17) Wherever any building or structure is abandoned.”
Sec. 15.04.080 Amendments to Uniform Housing Code
The provisions of this Section shall constitute local amendments to the cross-referenced provisions of the 1997 Edition of the Uniform Housing Code and shall be deemed to replace the cross-referenced section in said Code with the respective provisions set forth in this chapter.

Chapter 10 is hereby deleted and replaced to read as follows:
“Section 1001 Definitions
1001.1 General. Any building or portion thereof that is determined to be an unsafe building in accordance with Section 1.1.2 of the California Building Code, or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this section and the definition of “substandard building” as set forth in the state of California, Health and Safety Code 17920.3, as amended, to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof, shall be deemed and hereby are declared to be substandard a building. 1001.2 Inadequate Sanitation shall, include but not limited to, the following:

1. Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.

2. Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.

3. Lack of, or improper kitchen sink.

4. Lack of hot and cold running water to plumbing fixtures in a hotel.

5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

6. Lack of adequate heating.

7. Lack of, or improper operation of required ventilating equipment.

8. Lack of minimum amounts of natural light and ventilation required by this code.

9. Room and space dimensions less than required by this code.

10. Lack of required electrical lighting.

11. Dampness of habitable rooms.

12. Infestation of insects, vermin or rodents as determined by the code enforcement officer.

13. Visible mold growth, as determined by a code enforcement officer, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.

14. General dilapidation or improper maintenance.

15. Lack of connection to a functional sewage disposal system.

16. Lack of adequate garbage and rubbish storage and removal facilities as determined by the code enforcement officer.

17. Lack of an adequate and safe water supply.
1001.3 Structural Hazards shall include, but not limited to, the following:

1. Deteriorated or inadequate foundations.

2. Defective or deteriorated flooring or floor supports.

3. Flooring or floor supports of insufficient size to carry imposed loads with safety.

4. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.

5. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.

6. Members of ceilings, roofs, ceilings and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.

7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.

8. Fireplaces or chimneys which list, bulge or have settled, due to defective materials or deterioration.

9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

10. Cesspools and septic tanks which are structurally unsound. 1001.4 Any nuisance. Any condition constituting a nuisance in Chapter 9.04. 1001.5 Hazardous Electrical wiring. Electrical wiring that was installed in violation of code

requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not being used in a safe manner. 1001.6 Hazardous Plumbing. Plumbing that was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not free of cross-connections or siphonage between fixtures or that is not being used in a safe manner.
1001.7 Hazardous Mechanical Equipment. Mechanical equipment, including vents, that was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good and safe condition. 1001.8 Faulty Weather Protection shall include, but not limited to, the following:

1. Deteriorated, crumbling, or loose plaster.

2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken window or doors.

3. Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering due to lack of paint or other approved protective covering.

4. Broken, rotted, split, or buckled exterior wall coverings or roof coverings. 1001.9 Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
1001.10 Faulty Materials of Construction. All materials of construction, except those which are specifically allowed or approved by this code and the Building Code, and which have been adequately maintained in good and safe condition.
1001.11 Hazardous or unsanitary premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.
1001.12 Inadequate Maintenance. Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance in accordance with the attest edition of the Building Code.
1001.13 Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of,

exits, additional exits may be required to be installed. 1001.14 Inadequate Fire-protection or Firefighting Equipment. All buildings or portions thereof not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fireextinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. 1001.15 Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies. 1001.16 Inadequate Structural Resistance. Any building or portion thereof that is determined to be an unsafe building due to inadequate structural resistance to horizontal forces in accordance with the Building Code.”
“Substandard building: includes a building not in compliance with Health and Safety Code Section 13143.2.

However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered or converted in violation of those requirements in effect at the time of construction, alterations, or conversion.” Sec. 15.04.090 Amendments to Uniform Security Code
The provisions of this Section shall constitute local amendments to the 1997 Edition of the Uniform Security Code.
(a) Section 1020 is hereby added to read as follows:
“Section 1020 Residential Buildings.

C. Street numbers and other identifying data shall be displayed as follows:
(1) All residential dwellings shall display a lighted street number in a prominent location on the street side of the residence entrance in such a position that the number is easily visible to approaching emergency vehicles. The numerals shall be no less than four inches in height. If the house number is located on the garage wall it shall be on the wall closest to the front entrance. (2) There shall be positioned at each entrance of a multiple-family dwelling complex an illuminated diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex.

In addition, each individual unit within the complex shall display a prominent identification number, not less than four inches in height and illuminated which is easily visible to approaching vehicular and/or pedestrian traffic. (3) The above two sections may be modified by the Fire Marshal.

D. Lighting in multiple-family dwellings shall be as follows:
(1) Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least twenty-five one hundredth foot- candles at the ground level during the hours of darkness. Lighting devices shall be protected by weather and vandalism resistant covers. (2) Open parking lots and carports shall be provided with a maintained minimum of one foot-candle of light on the parking surface during the hours of darkness.

Lighting devices shall be protected by weather and vandalism resistant covers.” (b) Section 1021 is hereby added to read as follows:
“Section 1021 Commercial Buildings.
(a) Windows shall be deemed accessible if less than twelve feet above ground.

Accessible windows having a pane exceeding ninety-six square inches in an area with the smallest dimension exceeding six inches and not visible from a public or private thoroughfare shall be protected in the following manner:
(1) Fully tempered glass or burglary resistant glazing (Fire Department approval required); or
(2) The following window barriers may be used but shall be secured with non- removable bolts:
(b) Inside or outside iron bars of at least one-half-inch round or one by one-quarter- inch flat steel material spaced not more than five inches apart and securely fastened; or
(c) Inside or outside iron or steel grills of at least one-eighth inch material with not more than a two-inch mesh and securely fastened.
(1) If a side or rear window is of the type that can be opened, it shall, where applicable, be secured on the inside with either a slide bar, bolt, crossbar, auxiliary locking device, and/or padlock with hardened steel shackle, a minimum four pin tumbler operation.
(2) The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be openable by the Building Code or by the Fire Code for required access openings for firefighting purposes. (Fire Department approval required).
(d) All exterior transoms exceeding ninety-six square inches on the side and rear of any building or premises used for business purposes shall be protected by one of the following:
(1) Fully tempered glass or rated burglary resistant glazing (Fire Department approval may be required); or

(2) The following barriers may be used but shall be secured with non-removable bolts:
i. Outside iron bars of at least one-half inch round or one by one-quarter- inch flat steel material, spaced no more than five inches apart and securely fastened, or
ii. Outside iron or steel grills of at least one-eighth inch with not more than a two-inch mesh and securely fastened;
iii. The protective bars or grills shall not interfere with the operation of opening the transoms if such transoms are required to be openable by the Building Code.
(e) Roof openings shall be equipped as follows:
(1) All skylights on the roof of any building or premises used for business purposes shall be provided with:
i. Rated burglary resistant glazing; or
ii. Iron bars of at least one-half-inch round or one by one-fourth-inch flat steel material under the skylight and securely fastened. iii. Steel grill of at least one-eighth-inch material with a maximum two-inch mesh under the skylight and securely fastened.
(2) All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows:
i. If the hatchway is of wooden material, it shall be covered on the inside with at least sixteen U.S. gauge sheet metal, or its equivalent, attached with screws.
ii. The hatchway shall be secured from the inside with a slide bar or slide bolts. (Fire Department approval required.)
iii. Outside hinges on all hatchway openings shall be provided with non- removable pins when using pin-type hinges.
(3) All air duct or air vent openings exceeding ninety-six square inches on the roof or exterior walls of any building or premises used for business purposes shall be secured by covering the same with either of the following:
i. Iron bars on at least one-half inch round or one by one-fourth inch flat steel material spaced no more than five inches apart and securely fastened; or ii. Iron or steel grills of at least one-eighth-inch material with a maximum two-inch mesh and securely fastened.
(4) If the barrier is on the outside, it shall be secured with bolts which are non-

removable from the exterior.
(5) The above (3) and (4) must not interfere with venting requirements creating a potentially hazardous condition to health and safety or conflict with the provisions of the Building Code or Mechanical Code.
(f) Permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of eight feet. This covering shall be locked against the ladder with a case hardened hasp, secured with non-removable screws or bolts. Hinges on the cover shall be provided with non-removable pins when using pin-type hinges. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and a minimum five pin tumbler operation with non-removable key when in an unlocked position.
(g) A building located within eight feet of utility poles or similar structures which can be used to gain access to the building's roof, windows, or other openings shall have such access area barricaded or fenced with materials to deter human climbing. (h) The following standards shall apply to lighting, address identification and parking areas:
(1) The address number of every commercial building shall be internally illuminated during the hours of darkness so that it shall be easily visible from the street. The numerals in these numbers shall be no less than six inches in height. This standard may be modified by the Fire Marshal. (2) All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one foot-candle of light. All exterior bulbs shall be protected by weather and vandalism resistant cover(s). (3) Open parking lots, and access thereto, providing more than ten parking spaces and for use by the general public, shall be provided with a maintained minimum of one foot-candle of light on the parking surface from dusk until the termination of business every operating day.”
Sec. 15.04.100 Amendments to the California Residential Code The provisions of this Section 15.04.100 shall constitute local amendments to the cross- referenced provisions of the 2022 Edition of the California Residential Code, and shall be deemed to replace the cross-referenced section in said Code with the respective provisions set forth in this Section 15.04.100.
(a) Section R105.3 is amended by adding Item 8 at the end of the text of that section to read as follows:
“8. The permittee or his authorized agent shall provide a list of the subcontractors whose services are required and will be part of the prime contract. The permittee, who shall be the owner of the improvements for which the permit is to be issued or the general contractor who has assumed the prime contract shall be responsible for the fees for all permits required for the completion of improvements for which the building permit applied for is to be

issued. None of the forgoing shall be construed to prevent subcontractors from applying for and receiving permits upon payment of fees in accordance with other applicable ordinances.”
(b) Section R108.2 is amended to read as follows:
“R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, the fee for each permit shall be as set forth in the “The City of Woodland Comprehensive Fee Schedule,” except for permits issued covering work performed on buildings or structures owned, leased, or operated by any City, County, State, Federal government agency, or any public agency or district.” (c) Section R113 is amended to read as follows:
“Section R113 Violations.

R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

R113.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code.

Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

R113.3 Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

R113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or, repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed in Section 15.04.020 of the Woodland Municipal Code.”
(d) Section R403.1.8 is amended by deleting the “Exception” and replacing with:
“Note: Refer to Section R506 for alterations, additions, and accessory buildings.” (e) Section R506 is amended by adding after the section heading:
“Note: This section is limited to alterations, additions, and accessory buildings.”

(f) Section R506.1 is amended to read as follows:

R506.1 General. Concrete slab-on-ground floors shall be a minimum 4 inches (101.6mm) thick (for expansive soils, see Section R403.1.8). The specified compressive strength of concrete shall be as set forth in Section R402.2.
(g) Section R506.2.4 of the California Residential Code is deleted and replaced with the following:
“R506.2.4 Reinforcement support. Where provided in slabs on ground, reinforcement shall be supported to remain in place from the center to upper one third of the slab for the duration of the concrete placement. Reinforcement shall be a minimum of #4-bar at 18 inches on center in both directions.”
Sec. 15.04.110 Amendments to California Green Building Standards Code The provisions of this Section 15.04.110 shall constitute local amendments to the cross- referenced provisions of the 2022 Edition of the California Green Building Standards Code, and shall be deemed to replace the cross-referenced section in said Code with the respective provisions set forth in this Section 15.04.110.

Sec. 15.04.120 Amendments to California Existing Building Code The provisions of this Section 15.04.120 shall constitute local amendments to the cross- referenced provisions of the 2022 Edition of the California Green Building Standards Code, and shall be deemed to replace the cross-referenced section in said Code with the respective provisions set forth in this Section 15.04.120.

Sec. 15.04.130 Amendments to International Property Maintenance Code The provisions of this Section 15.04.130 shall constitute local amendments to the cross- referenced provisions of the 2021 Edition of the International Property Maintenance Code, and shall be deemed to replace the cross-referenced section in said Code with the respective provisions set forth in this Section 15.04.130.

Sec. 15.04.140 Amendments to California Energy Code
The provisions of this Section 15.04.140 shall constitute local amendments to the cross- referenced provisions of the 2022 Edition of the California Energy Code, and shall be deemed to replace the cross-referenced section in said Code with the respective provisions set forth in this Section 15.04.140.

Section 150.0 ( c ) 14 is amended by adding the following:

Pigeon proofing shall be required on roof mount solar in new residential development.

1. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

2. Publication. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary thereof to be published at least five (5) days prior to the meeting at which the proposed ordinance is to be adopted and shall post a certified copy of the proposed ordinance in the office of the City Clerk, and with fifteen (15) days of its adoption, shall cause a summary of it to be published, including the vote for and against the same, and shall post a certified copy of the adopted ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933.

3. Effective Date. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect on February 15, 2023 which is to be no less than thirty (30) days from and after the date of its final passage and adoption.

4. CEQA. The City Council finds that the changes made to the Codes are enacted to mitigate the threats posed to public peace, health and safety from earthquakes, high winds and fire.

Therefore, it can be seen with certainty that adoption of this Ordinance will not have a significant adverse effect on the environment and is therefore exempt from California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a notice of exemption within five (5) days of the adoption of this Ordinance.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 20th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Vicky Fernandez, Mayor
ATTEST: APPROVED AS TO FORM:

Ana B. Gonzalez, City Clerk Ethan Walsh, City Attorney

Exhibit A
Findings to Support Amendments to the
2022 Edition of the California Building Standards Code
This Exhibit A provides the express findings and determinations (where necessary pursuant to California Health & Safety Code Sections 17958, 17958.7 and/or 18941.5) justifying the City of Woodland’s amendments to the 2022 Edition of the California Building Code, the 2022 Edition of the California Electrical Code, the 2022 Edition of the California Mechanical Code, the 2022 Edition of the California Plumbing Code, the 2022 Edition of the California Residential Code and the 2022 California Energy Code (codified in Title 24 of the California Building Standards Code) as reasonably necessary because of local climatic, geologic or topographic conditions.

Sec 15.04.030 Amendments to California Building Code
Amendment
Section, pursuant to
Ord. No.

Building Code
Section
Impacted
Amendment Justification
(see below key
to
justifications)
Sec. 15.04.030 Section 105.3 Adds text regarding subcontractors and permits
A
Sec. 15.04.030 Section 109.2 Adds text authorizing permit fees, as established by separate City Council
resolutions
A
Sec. 15.04.030 Section 114 Amends text regarding violations and penalties
A
Sec. 15.04.030 Section 406.3.1 Adds text regarding concrete driveways B Sec. 15.04.030 Section 1907.1 Deletes and replaces the first paragraph regarding concrete floor slabs
B
Sec. 15.04.030 N/A Adds local language related to asphalt paving
B

Sec 15.04.040 Amendments to California Electrical Code
Sec 15.04.100 Amendments to California Residential Code Amendment
Section, pursuant to
Ord. No.

Electrical Code
Section
Impacted
Amendment Justification
(see below for
justifications)
Sec. 15.04.040 Section

89.108.4.2
Adds text regarding how permits fees
are set forth in “The City of Woodland
Comprehensive Fee Schedule”
A
Sec 15.04.050 Amendments to California Mechanical Code
Amendment Mechanical Amendment Justification
Section, pursuant Code Section (see below
to Ord. No. forImpacted
justifications)
Sec. 15.04.050 Section 1.8.4.2 Adds text regarding how permits fees are set forth in “The City of Woodland
Comprehensive Fee Schedule”
A
Sec 15.04.060 Amendments to California Plumbing Code
Amendment
Section, pursuant to
Ord. No.

Plumbing
Code Section
Impacted
Amendment Justification
(see below for
justifications)
Sec. 15.04.060 Section 1.8.4.2 Deletes text and adds text regarding how permits fees are set forth in “The City of
Woodland Comprehensive Fee
Schedule”
A
Sec. 15.04.060 Section 609.3 Adds text regarding installation of water piping
C
Amendment Plumbing Amendment Justification
Section, pursuant Code Section (see below
to Ord. No. forImpacted
justifications)

Sec 15.04.140 Amendments to California Energy Code
Amendment
Section, pursuant to
Ord. No.

Electrical Code
Section
Impacted
Amendment Justification
(see below for
justifications)
Sec. 15.04.140 Section
150.1 (c) 14
Adds text requiring pigeon proofing on
roof mount solar in new residential
development.

A
Sec. 15.04.100 Section R105.3 Adds text regarding subcontractors and permits
A
Sec. 15.04.100 Section R108.2 Deletes text and adds text regarding how permits fees are set forth in “The City of
Woodland Comprehensive Fee
Schedule”
A
Sec. 15.04.100 Section R113 Amends text regarding violations and penalties
A
Sec. 15.04.100 Section
R403.1.8
Deletes text and adds text regarding
foundations and floor slabs
B
Sec. 15.04.100 Section R506 Adds text regarding a note that this section refers to alterations, additions
and accessory buildings
B
Sec. 15.04.100 Section R506.1 Deletes and replaces text regarding concrete floor slabs
B
Sec. 15.04.100 Section
R506.2.4
Deletes and replaces text regarding
reinforcement for ground slabs
B

Justifications KEY: Findings to Support Amendments to California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code and California Residential Code
A - This amendment is necessary for administrative clarification, and does not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7 and/or 18941.5. This amendment establishes administrative standards for the effective enforcement of the building standards in the City of Woodland.

B - This amendment is reasonably necessary because of the following local climatic, geological, or topographical conditions:
(i) Local soil conditions (clay soils) tend to be highly expansive, thereby subject to shrinking and swelling during seasonal drying and wetting conditions, and can cause damage to the foundation and other parts of a structure;
(ii) The minimum requirements set forth in the amendment is a more restrictive standard, which will better avoid damage due to the pumping action caused by local expansive soils;
(iii) The type and thickness of the materials set forth in the amendment are more restrictive and will better prevent damage, which can occur from the local condition of highly expansive soils in the City of Woodland.

C - This amendment is reasonably necessary because of the following local climatic, geological, or topographical conditions:
(i) City of Woodland is within an active seismic area;
(ii) Local soil conditions (clay soils) tend to be highly expansive (i.e. shrink—swell behavior);
(iii) The local climate is characterized by markedly delineated rainy and dry seasons, which tend to maximize the expansive
characteristics of the soil;
(iv) City of Woodland has hard water, which is corrosive to ferrous and non-ferrous metals;
(v) The ground water table is unusually high in many places; (vi) Therefore, restrictions on the installation of water piping in or under a concrete slab floor as set forth in the amendment is a more restrictive standard which will better prevent damage which can result from these local conditions described here in items (i) through (v).

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: December 20, 2022
ITEM #: H.19
SUBJECT: Extension of Urgency Ordinance Moratorium on Truck and Trailer Parking, Storage, and Overhaul

Recommendation for Action: Staff recommends that the City Council:1) Hold a public hearing to receive a staff report regarding the Urgency Ordinance adopted by City Council on November 15, 2022; 2) Issue a Report on Measures Taken to Study Truck and Trailer Service Repair and Overhaul; Parking Facilities, Including Truck and Trailer Parking, Park and Ride Lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal facilities in the Industrial (I) Zone in the City of Woodland; and 3) Introduce and waive the first reading of Ordinance No. _____ by a Four- Fifths Vote Extending Urgency Ordinance No. 1697 which imposed a 45-day Moratorium on the Establishment of Truck and Trailer Parking, Park and Ride Lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal Facilities in the Industrial Zone within the City of Woodland.

Staff Contact:

Cindy Norris, Principal Planner, (530) 661-5911, [email protected]

Fiscal Impact:

Fiscal impact will involve staff and City Attorney time to research and prepare ordinance documents and analysis related to truck and trailer parking, storage and overhaul for the Comprehensive Zoning Code update.

Background:

On November 15, 2022, the City Council adopted an Urgency Ordinance establishing a moratorium in the Industrial zone on the establishment of new or the expansion of existing Truck and Trailer Parking, Park and Ride Lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal facilities. Pursuant to Government Code Section 65858, the Ordinance is effective for forty-five days, or until December 30, 2022, unless the City Council further extends it. The City Council is permitted to extend Ordinance No. 1697 for an additional ten months and fifteen days (One year) to November 15, 2023. The maximum time allowed for a moratorium is two years with extensions.

Existing City Zoning Code Provisions
The City’s existing Zoning Code regulates the location of truck and trailer parking, storage, and repair in the Industrial (I) zone, which are allowed as a permitted use where not adjacent to residential areas.

Existing Conditions
The City has been experiencing a significant increase in uses that provide for the parking, long term storage, repair and overhaul, of large trucks and trailers in multiple zones. In the Industrial/Light Industrial Flex (I/LIF) zone, the storage and parking of large trucks and trailers, and major repair is subject to either a zoning administrator permit or a conditional use permit. Outdoor storage (including trucks or trailers) in the I/LIF zone is only allowed as an accessory use on a site with a permitted primary business and structure, and all outdoor storage must be screened. The city has several on-going code enforcement cases regarding illegal truck storage facilities in the I/LIF zone that have occupied sites in a manner that is not consistent with current Zoning Code requirements.

In the I zone, the parking, storage, repair and overhaul are allowed as permitted uses where they are not

adjacent to residential areas. Such uses generally require larger amounts of land, and do not generally provide for site improvements, employ local workers, or provide point of sale revenue. In addition, businesses with large numbers of trucks degrade the city’s roadway network but have not been required to invest in funding future improvements. Further, these sites tend to be minimally improved due to the low cost to operate and they remove valuable land from the development stream. These facilities are often located in areas that have higher base tax rates, but provide no return. Further, such uses can present a negative image of existing and prospective desirable businesses, and damage the vitality and synergistic opportunities in the I zone, thereby harming the overall development potential in the community. The General Plan includes policy 2.A.2, which states that the City should maintain high expectations for development as land is a finite resource, given the City’s Urban Limit Line. Other related General Plan polices include policy 3.K.2, which provides that the city considers user fees or maintenance districts to address transportation infrastructure maintenance needs, policy

4.A.1, which states that the city shall focus on projects that will maximize long-term net revenues and diversify the city's economic base, and policy 4.B.3 which requires new development to pay its fair share of needed public facilities and infrastructure improvements and maintenance.

Recently, the city received interest in a larger truck parking facility (over 500 trucks) on a property located along the city’s eastern boundary. The extent of the number of trucks proposed would create a significant impact on the city in addition to existing trucking businesses. This type of facility often takes up large amounts of land area that is often located in areas that have higher base tax rates. These uses generally have very low employment and generate no sales tax. Therefore, it is staff's opinion that such uses do not promote the City’s goals of achieving aesthetic, fiscal health, or fostering economic growth in the community.

The proliferation of truck parking, storage, and repair and overhaul uses in Woodland, particularly in the industrial zones, poses a threat to public health, safety and welfare in that expansion of such uses depreciates the potential tax base, presents a negative image to existing and prospective desirable business, and damages the vitality and synergistic opportunities in the industrial district thereby harming the overall development potential in the community. The City did not anticipate the number and intensity of proposed inquiries in the industrial zones for truck parking, storage, repair and overhaul facilities, and through approval of the initial urgency ordinance, the City Council found that there are resulting impacts previously unanticipated by the City that should be further considered.

At this time, staff is recommending that the City Council consider extending the moratorium an additional ten (10) months and 15 days, to November 15, 2023 to prohibit truck parking facilities, including Truck and Trailer Parking, Park and Ride Lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal facilities from locating in the Industrial District of the City of Woodland until the Comprehensive Zoning Code update is adopted. At that time, the moratorium would be null and void.

Discussion:

Urgency Ordinance
Ordinance 1697 imposed an immediate moratorium on the establishment of new Truck and Trailer Parking, Park and Ride Lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal facilities in the Industrial Zone in the City of Woodland. It set forth the reasons for the urgent need for the ordinance. It specifically stated that no application for a building permit, business permit, conditional use permit, or any entitlement for the establishment or expansion of a Truck and Trailer Parking, Park and Ride Lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal facilities facility shall be approved during the term of the moratorium established by the Ordinance.

The government Code allows the City Council to adopt an urgency ordinance (Ordinance 1697) which became effective immediately and remains in effect for 45 days unless extended within those 45 days. An urgency ordinance requires a 4/5 vote for adoption and requires the City Council to make findings that the ordinance is being adopted for the immediate protection of public health, safety, and welfare. The intent of such an urgency ordinance would be for it to remain in effect only until the City Council adopts the Comprehensive Zoning

Code update to regulate Truck and Trailer Parking, Park and Ride Lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal facilities within the City of Woodland to prevent further over-saturation and to avoid impacts associated with such uses. The proposed ordinance extension would go into effect immediately and would remain in effect until November 15, 2023, unless further extended.

Conclusion:

Staff recommends that the City Council:1) Hold a public hearing to receive a staff report regarding the Urgency Ordinance adopted by City Council on November 15, 2022; 2) Issue a Report on Measures Taken to Study Truck and Trailer Service Repair and Overhaul; Parking Facilities, Including Truck and Trailer Parking, Park and Ride Lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal facilities in the Industrial (I) Zone in the City of Woodland; and 3) Introduce and waive the first reading of Ordinance No. _____ by a Four- Fifths Vote Extending Urgency Ordinance No. 1697 which imposed a 45-day Moratorium on the Establishment of Truck and Trailer Parking, Park and Ride Lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal Facilities in the Industrial Zone within the City of Woodland.

Prepared by: Cindy Norris, Principal Planner

Reviewed by: Brent Meyer, Community Development Director / City Engineer

Attachments:

1. Report on measures taken during 45 Day Expiration of Urgency Moratorium Ordinance

2. Urgency Ordinance Extension Truck Parking Storage and Repair in the Industrial Zone

Community Development Department 300 First Street, Woodland CA 95695 DATE: December 20, 2022
TO: Woodland City Council
SUBJECT: Report on Measures Taken to Alleviate the Conditions that led to the Adoption of Ordinance No. 1697, an Urgency Interim Zoning Ordinance Establishing a Moratorium on Truck and Trailer Service Repair and Overhaul; Parking Facilities, Including Truck and Trailer Parking, Park and Ride Lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal Facilities in the Industrial Zone in the City of Woodland.

On November 15, 2022, the Woodland City Council adopted Ordinance No. 1697, an interim urgency zoning ordinance that imposed a moratorium on the establishment of Truck and Trailer Service Repair and Overhaul; Parking Facilities, Including Truck and Trailer Parking, Park and Ride Lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal facilities in the Industrial zone in the City of Woodland. Ordinance No. 1697 was adopted pursuant to Government Code Section 65858, which provides that an interim moratorium expires 45 days from the date of its adoption, unless the ordinance is extended by the Woodland City Council after additional notice and public hearing. The moratorium is set to expire on December 30, 2022.

Government Code Section 65858(d) requires that at least ten (10) days prior to the expiration of the moratorium, the Woodland City Council must issue a written report describing the measures taken to alleviate the condition that led to adoption of the Ordinance. The conditions that led to adoption of the interim moratorium were listed in Ordinance No. 1697, and are still in existence as of the date of this report. The following is a report of the measures and actions that have been taken by the City and other governmental agencies since November 15, 2022, to alleviate the conditions set forth in Ordinance No. 1697:
During the course of the moratorium, City staff has continued to study the issue of regulation of Truck and Trailer Service Repair and Overhaul; Parking Facilities, Including Truck and Trailer Parking, Park and Ride Lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal facilities. These efforts have included studying how other cities have opted to regulate similar uses and evaluating goals and policies in the 2035 General Plan. The City continues to work on a Comprehensive Zoning Ordinance, through which consideration of appropriate permitted, conditionally permitted and prohibited uses in Industrial zone is being analyzed with completion this effort anticipated on or before September 2023.

URGENCY ORDNANCE NO. ______

AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF WOODLAND PURSUANT TO GOVERNMENT CODE
65858 EXTENDING URGENCY ORDINANCE 1697 FOR AN

ADDITIONAL TEN MONTHS AND FIFTEEN DAYS TO CONTINUE

THE TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF

NEW, OR EXPANSION OF, EXISTING TRUCK AND TRAILER

PARKING, STORAGE, AND REPAIR AND OVERHAUL FACILITIES IN

THE INDUSTRIAL DISTRICT
WHEREAS, on November 15, 2022, pursuant to section 65858 of the California Government Code, the City Council of the City of Woodland adopted Ordinance 1697 an Urgency Ordinance establishing a moratorium in the Industrial zone on Truck and Trailer Service Repair and Overhaul; Parking Facilities, Including Truck and Trailer Parking, Park and Ride lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal facilities; and WHEREAS, Government Code 65858 also provides that prior to the expiration of Ordinance 1697, the City Council may extend Ordinance 1697, for up to an additional ten (10) months and fifteen (15) days after giving notice pursuant to Government Code 65090 and conducting a public hearing; and
WHEREAS, on November 15, 2022, the City Council authorized the issuance of a written report describing the measures and actions taken by the City to alleviate the circumstances and conditions that lead to the adoption of Ordinance 1697, since its adoption on November 15, 2022, as required by Government Code Section 65858(d) (Council Report); and WHEREAS, based on the Council Report, the City Council has determined that the circumstances and conditions that led to the adoption of Ordinance 1697, which are set forth in the recitals of Ordinance 1697, and are fully incorporated herein by reference, have not been alleviated as of the date of this Ordinance and continue to create the concerns described in Ordinance 1697; and WHEREAS, the City Council now seeks to extend the temporary moratorium on the establishment of new, or expansion of existing, Truck and Trailer Service Repair and Overhaul; Parking Facilities, including truck and trailer parking, park and ride lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal facilities, as currently authorized by Ordinance 1697, to continue studying zoning regulations through the preparation of the Comprehensive Zoning code update to help ensure that such uses are located in a manner consistent with the goals and policies of the General Plan; and
WHEREAS, the purpose of extending Ordinance 1697, is to avoid the potentially significant adverse impacts to the public’s health, safety, and welfare described in Ordinance 1697, until November 15, 2023; and
WHEREAS, the notice and public hearing required by Government Code section 65858 for the extension of Ordinance 1697, has been provided in accordance with applicable law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WOODLAND DOES

HEREBY ORDAIN AS FOLLOWS:

Section 1. Adoption of this Urgency Ordinance (Ordinance) shall constitute an extension of Ordinance 1697, pursuant to Government Code Section 65858.

Section 2. During the time the Ordinance is in effect, the City shall not approve or issue land use approvals or permits, including but not limited to, use permits, building permits, variances, zoning code amendments, tentative subdivision or parcel maps, site plan approvals, design review approvals, or other permits or entitlements, whether administrative or discretionary, for Truck and Trailer Service Repair and Overhaul; Parking Facilities, including truck and trailer parking, park and ride lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal facilities.

Section 3. The City Council hereby enacts this Interim Urgency Ordinance by not less than a four-fifths vote, and in light of the findings set forth in Ordinance No.1697, under the authority granted to it by Article XI, Section 7 of the California Constitution and Government Code Section 65858, which allows the City to adopt an urgency ordinance, in order to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a zoning proposal that the City Council, Planning Commission, or Community Development Department is considering or studying or intends to study within a reasonable time.

Section 4. The City Council hereby finds and determines that the recitals set forth above are hereby adopted and incorporated herein as a portion of the City Council’s findings in support of the adoption of this Ordinance and that the adoption of this Ordinance and the extension of Ordinance No. 1697 is necessary for the current and immediate protection of the public health, safety, and welfare of the City and its residents for all the reasons set forth in the recitals above, the recitals of Ordinance 1697, the Council Report, and the agenda report prepared in connection with this Ordinance, which are hereby expressly incorporated as though fully set forth herein, and for the following additional reasons:
The City continues to study the issue of regulation of Truck and Trailer Service Repair and Overhaul; Parking Facilities, including truck and trailer parking, park and ride lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal facilities, which includes studying how other cities have opted to regulate similar uses, evaluating goals and policies in the 2035 General Plan.
The City continues to work on development of the Comprehensive Zoning Code update, through which consideration of appropriate permitted, conditionally permitted, and prohibited uses is being analyzed with completion of this effort anticipated on or before September 2023.

Section 5. The City Council hereby directs the Community Development Department to continue considering and studying possible means of regulating or prohibiting Truck and Trailer Service Repair and Overhaul; Parking Facilities, including truck and trailer parking, park and ride lots; RV, Boat, Auto, Truck and Trailer Storage; and Truck Terminal facilities.

Section 6. Ten days prior to the expiration of this Ordinance, the City Council shall issue a written report describing the measures that the City has taken to alleviate the conditions that led

to the adoption of this Ordinance.

Section 6. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance and establishment of a moratorium on truck and trailer parking, storage, and repair and overhaul facilities will have a significant effect on the environment because the Ordinance will maintain current levels of development and will not permit any truck and trailer parking, storage, and repair and overhaul facility that may have a significant impact on aesthetics or traffic levels. It is therefore exempt from any California Environmental Quality Act (CEQA) review pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.

Section 7. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof
Section 8. The City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation, printed and published in Woodland, California PASSED, APPROVED, AND ADOPTED at a regular meeting of the Woodland City Council this 20th Day of December, 2022 by the following vote.:

AYES:

NOES:

ABSENT:

ABSTAIN:

Vicky Fernandez, Mayor
ATTEST:

Ana B. Gonzalez, City Clerk
Approved as to Form
Ethan Walsh
City Attorney

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: December 20, 2022
ITEM #: H.20
SUBJECT: Amendments to the Accessory Dwelling Unit Ordinance Section

17.104.010 to Ensure Compliance with State Requirements

Recommendation for Action: Staff recommends that the City Council: 1.) Receive the Staff Report; 2.) Conduct a public hearing; and 3.) Waive first reading and adopt an ordinance of the City of Woodland, amending Section 17.104.010 of Chapter 17 of the Municipal Code relating to accessory dwelling units and junior accessory dwelling units, and determining the ordinance to be exempt from CEQA.

Staff Contact:

Cindy Norris, Principal Planner (530) 661-5911, [email protected]

Fiscal Impact:

Required staff and City Attorney time to review state legislation and prepare the ordinance and accompanying documents.

Report in Brief:

The proposed ordinance amends Chapter 17 of the Woodland Municipal Code to impose new limits on local authorities to regulate Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) in compliance with the provisions of Government Code sections 65852.2 and 65852.22 as amended by recently approved legislation, Senate Bill 897 (SB 897) and Assembly Bill 2221 (AB 2221).

The new legislation provides additional fine tuning to the existing ADU ordinance. State law limits local review authority in a number of respects and requires that objective standards be provided. Local codes may not prohibit ADUs that are 800-square feet or less in size, under 16-feet in height, and have side and rear setbacks of four-feet. The new legislation provides allowance for additional building height for qualified ADUs, requires that an application for a new ADU be concurrent with an application for a demolition permit for a detached garage, and provides greater protection for permitting non-conforming structures. Since 2018, 38 ADUs have been approved with approximately 1/3 of the permits for Junior ADUs, 1/3 for accessory structure conversions, and 1/3 for new construction.

Background:

The City adopted amended ADU ordinance provisions in 2018 to comply with the then recently adopted state requirements. Legislation was passed to further reduce and streamline regulatory requirements and create greater certainty for ADUs.

In 2019, the California Legislature approved, and the Governor signed into law five bills that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on local authorities to regulate ADUs and JADUs. The new laws further streamlined the process for building new ADUs, to convert existing structures, and to allow multiple ADU units on both single family and multiple family properties. A key change was to exempt ADUs that are 750 square feet or less in size from impact fees.

On September 28, 2022, the Governor signed two bills, SB 897 and AB 2221, which further reduces the ability of a local agency to regulate ADUs and JADUs. The attached ordinance has incorporated the necessary amendments from the two recent bills as well as clean up of other minor changes. The new regulations become

effective as of January 1, 2023.

Discussion:

There are a number of amendments necessary to bring the local ordinance into full compliance with the state, which are discussed below:

Legislative Amendments
Key legislative amendments include the following:
 Requires local agencies to approve or deny an ADU project within 60 days. If denied, the city must provide comments as to how the application may be remedied by the applicant. Section

17.104.010(E)(4)(b).
 Clarifies that an ADU constructed in the front of a property must meet front yard setbacks. In the past, the state has required development of attached and detached ADUs to be in the rear and side yards. This change potentially allows ADUs within front yards to be subject to a 20-foot setback. Section

17.104.010(G)(3).
 Allows unpermitted ADUs constructed prior to 2018 which are non-conforming to standards shall not be required to correct non-conformities prior to permit issuance, unless improvements are required to protect the public health and safety of the public or occupants. In addition, a permit cannot be denied on the basis of unpermitted structures elsewhere on the property that do not present a threat to the public health or safety and are not affected by the construction of the ADU. Section17.104.010)(E)(7).  Clarifies that if a JADU shares a restroom with the existing single family home, the renter of the JADU will have access to the restroom through the home as well as have private access to the JADU. Section

17.104.010(C)(5)(d).
 Extends the provision that an owner is not required to live on the property (unless a JADU is present). The extension runs until January 1, 2025. Section 17.104.010(F)(5).  Allows an increase in peak height for detached ADUs on single family lots that meet the criteria of being within 1/2 a mile of a "major transit stop". A major transit stop is defined in Public Resources Code 21064.3, "as an existing rail or bus rapid transit station, a ferry terminal, an intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning or afternoon peak." There are no areas in Woodland that meet this definition and reference to this exception is not included in the ordinance. Therefore, the 16-foot height limit holds. A major transit stop is not the same thing as "public transit", defined as "a location including, but not limited to, a bus stop or train station where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public." Any ADU within 1/2 a mile of public transit is not required to meet the minimum parking standards. Section

17.104.010(F)(2).

Additional Amendments
In addition, staff has updated and amended sections consistent with allowances provided in state law or to provide clarification.
 The state allows the City to require a deed restriction on ADUs and JADUs to ensure that specific code provisions are followed in perpetuity. The applicant shall be responsible for recording a deed on a form provided by the City, prior to issuance of building permits. Section17.104.010(F)(8).  The City has included a section on Utility Fees and Connection, consistent with state requirements. Impact fees are not required for ADUs less than 750 square feet. In some instances, however, separate connection or capacity fees may be charged. When a new detached ADU is built at the same time as a new single-family home, a separate utility connection and payment of any connection fees are required. Converted ADUs that are subject to building permit only review are not

subject to connection fees. Any connection or capacity charge shall be proportionate to the burden created by the ADU. Section 17.104.010.(H).
 The City has included a provision to inform property owners that rental income information will be collected from time to time to satisfy a requirement from the state as imposed upon the City in the Housing Element to report on the status of ADUs going forward. Section 17.104.010(F)(9).  The City has clarified application submittal requirements for ADUs. Section 17.104.010(E)(5).

Review Process and Requirements:

The review process as provided for in the ADU ordinance Section 17.104.010(E) is as follows:

Ministerial, Non-discretionary Review:

The ordinance, consistent with state provisions, provides that the review of proposed JADU and ADUs that are under 800 square feet and 16-feet in height, and meet 4-foot side or rear setbacks require only building permit review. Section 17.104.010(E)(2).

Ministerial ADU Permit Review:

ADU’s greater than 800 square feet up to 1,000 square feet requires a staff level ADU Permit. There are additional requirements applying to these larger units, including architectural design and screening considerations. Section 17.104.010(E)(3)(a).

Discretionary Review
Accessory dwelling units that do not conform to the objective standards or that are over 1,000 square feet, up to a maximum of 1,200 square feet in size, or three bedrooms require a zoning administrator permit review.

Section 17.104.010(E)(6).

Objective Standards - Parking and Architectural Requirements.

Within the boundaries allowed by the state, the ordinance includes regulatory requirements to minimize impacts on adjacent properties from the larger ADUs subject to an ADU permit or discretionary review. Objective standards include considerations such as exterior lighting, location of second story windows, and general compatibility. Section 17.104.010(G).

The legislation provides exceptions to parking requirements for properties within ½ mile of a public bus stop, bus station, transit station, or car share vehicle. The majority of the city qualifies under this definition. Section

17.104.010(G)(2). (See Attachment 3 for a current map of transit stops in Woodland).

ADU Development Progress:

Since 2018 when the first ADU Ordinance updates were enacted, the city has seen a significant increase in the number of ADU permits issued. Even before then, ADUs were transitioning from being viewed with potential concern to being viewed as an economical and viable option to providing additional housing opportunities.

Since 2018, a total of 38 ADU permits have been issued with 5 permits pending. - 2018 5 ADU permits approved
- 2019 4 ADU permits approved
- 2020 8 permits approved
- 2021 13 permits approved
- 2022 8 permits approved,5 pending

Approximately 1/3 of the permits issued are for JADUs (interior addition to existing home), 1/3 are for accessory structure conversions (existing detached garage or shed), and 1/3 for new construction. In addition, since 2014, a total of 170 multi-generational units have been constructed in Spring Lake subdivisions (attached ADU units). There is the likelihood that ADUs will be incorporated into future single-family and multi-family

developments.

Staff will continue to monitor ADU performance, as required by the State Department of Housing and Community Development (HCD), and will begin collecting data regarding use, tenancy, and rental information for all permitted ADUs. If ADU production begins to lag, staff will consider options and techniques to help facilitate ADU production. The three most critical elements to account for the increase in ADUs since 2018 include the relaxation of standards, reduction in impact fees for units 750 square feet or less, and by-right permitting requirements with reduced review timelines.

One area of discussion that has come up is in regard to the possible development of standard ADU building plans. However, staff are not confident that the development of such plans will result in a greater number of ADUs. Complexities involved with ADU permitting are varied and based on the conditions on each individual property. As example, the ADU type, lot configuration, available utilities, and existing structure condition are considered on a case by case basis. It is the opinion of staff that preparing standardized ADU plans may not assist most homeowners due to the variability of each situation. Staff will continue to work with homeowners on a case by case basis to ensure that each situation is adequately addressed and resolved for each customer in a timely manner.

The state has a provision that states that if the local agency has not adopted a revised ordinance and submitted to HCD by January 1, 2023, HCD has the ability to deem the local agency's ordinance null and void. However, with only one hearing in December, the city is unable to have a second reading until January 2023. There are no permits in review that are inconsistent with city and state requirements.

The city will be updating its ADU handout consistent with new state requirements. A preliminary informational handout has been included as Attachment 4.

Planning Commission Review
At their regularly scheduled meeting of November 17, 2022, the Planning Commission conducted a public hearing concerning the proposed Ordinance amendment and voted unanimously (7 Ayes, 0 Noes) to recommend approval to the City Council. Minor text changes were proposed and approved by the Planning Commission to clarify the definitions for Efficiency Kitchen and Floor Area to be consistent with state requirements.

Environmental Review
Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of appurtenant accessory structures and garages as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the conversion of existing structures into, and the new construction of, ADUs and JADUs, which are, by definition, structures that are accessory to a primary dwelling on the lot. Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here.

Public Noticing

In accordance with the requirements of Government Code section 65090, this item has been noticed in a newspaper of general circulation as a display ad.

Conclusion:

Staff recommends that the City Council:

1.) Receive the Staff Report; 2.) Conduct a public hearing; and 3.) Waive first reading and adopt an ordinance of the City of Woodland, amending Section 17.104.010 of Chapter 17 of the Municipal Code relating to accessory dwelling units and junior accessory dwelling units, and determining the ordinance to be exempt from CEQA.

Prepared by: Cindy Norris, Principal Planner

Reviewed by: Brent Meyer, Community Development Director/ City Engineer

Attachments:

1. City Council ADU ORDINANCE

2. Attachment A to Ordinance Chapter 17.104.010 ADU Text AmendmentsCC

3. Yolo County Transit Stops - Parking Exception

4. Woodland ADU and JADU FAQs

ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WOODLAND AMENDING SECTION 17.104.010 OF
CHAPTER 17 OF THE CITY OF WOODLAND

MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS AND DETERMINING THE

ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Woodland, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, on September 28, 2022, the California Legislature approved, and the Governor signed into law Senate Bill 897 that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, the New ADU Laws take effect January 1, 2023, and if the City’s ADU ordinance does not comply with the New ADU Laws, the City’s ordinance becomes null and void on that date as a matter of law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22; and
WHEREAS, failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) as of January 1, 2023 renders the City’s ordinance regulating ADUs and JADUs null and void, thereby limiting the City to the application of the few default standards provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

WHEREAS, the City Council has reviewed and considered the public testimony and agenda reports prepared in connection with this ordinance, including the policy considerations discussed therein, and the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, in accordance with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, §

15000 et seq.), the City has determined that the revisions to the Woodland Municipal Code are exempt from environmental review.

NOW, THEREFORE, the City Council of the City of Woodland does ordain as follows:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of appurtenant accessory structures and garages as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the conversion of existing structures into, and the new construction of, ADUs and JADUs, which are, by definition, structures that are accessory to a primary dwelling on the lot. Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the ordinance will:
(1) Not result in the construction of ADUs or JADUs within a particularly sensitive environment because these accessory structures will necessarily be built on a lot already developed with a primary dwelling;
(2) Not result in a potentially significant cumulative impact because these accessory structures will necessarily be built on a lot already developed with a primary dwelling;
(3) Not result in a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances because the construction of small structures or conversion of existing structures are accessory to a primary dwelling on sites that are already be developed;
(4) Not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway because no residential property is located adjacent to a state scenic highway and new structures will be required to comply with the City’s Tree Preservation Ordinance as appropriate;

(5) Not be located on a hazardous waste site included on any list compiled pursuant to § 65962.5 of the Government Code because no property zoned residential is located on a hazardous waste site; or
(6) Not result in a substantial adverse change in the significance of a historical resource because any demolition of a potential historic structure will be required to comply with the City’s Historical Preservation Ordinance.

Section 3. Section 17.104.010 of Chapter 17 of the Woodland Municipal Code is hereby amended and restated as provided in Exhibit “A”, attached hereto and incorporated herein by reference.

Section 4. This ordinance shall take effect 30 days following its adoption.

Section 5. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption.

Section 6. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.

Section 7. The City Council hereby directs staff to prepare, execute and file with the Yolo County Clerk a Notice of Exemption within five working days of first reading of this ordinance.

Section 8. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.

Section 9. The documents and ma terials that constitute the record of proceedings on which this Ordinance and the above findings have been based are located in the Community Development Department at 300 First Street, Woodland, CA 95695
(Continues on next page)

PASSED, APPROVED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 20th day of December, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Vicky Fernandez, Mayor
ATTEST:
________________________________
Ana B. Gonzalez, City Clerk
APPROVED AS TO FORM:
________________________________
Ethan Walsh, City Attorney

BEST BEST & KRIEGER LLP

Attachment A
Amendments to Municipal Code
(Separate attachment to the report)

Accessory Dwelling Unit Ordinance Revisions v. 10.31.22

17.104.010 Accessory dwelling units.

A. Purpose. The purpose of this section is to provide reasonable regulations for the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in certain areas and on lots developed or proposed to be developed with single-family residential dwellings, duplexes and multiple family units. Such accessory dwelling units contribute needed housing to the community’s housing stock and promote housing opportunities for the persons wishing to reside in the City of Woodland. In addition, the regulations in this section are intended to promote the goals and policies of the City’s General Plan and comply with requirements codified in the State Planning and Zoning Law related to accessory dwelling units in residential areas, including California Government Code Sections 65852.2. and 65852.22.

B. Effect of Conforming Accessory Dwelling Unit. An accessory dwelling unit that conforms to this section shall:

1. Be deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon which it is located;

2. Be deemed a residential use that is consistent with the General Plan and the zoning designations for the lot on which the ADU or JADU is located;

3. Not be considered in the application of any local ordinance, policy, or program to limit residential growth; and

4. Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.

5. Not be required to correct a nonconforming zoning condition, as defined in subsection (C)(5) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

C. Definitions.

1. “Accessory dwelling unit (ADU)” means a residential dwelling unit that is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages detached from, attached to, or located within the living area of an existing primary dwelling unit, and that provides independent living facilities for one or more persons. An accessory dwelling unit also includes:
a. An efficiency unit, as defined in California Health and Safety Code Section 17958.1; and b. A manufactured home, as defined in Section 18007 of the California Health and Safety Code.

2. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

3. “Efficiency kitchen” means a kitchen that includes each of the following:
a. A cooking facility with appliances.
b. A food preparation counter or counters that are of reasonable size in relation to the size of the junior accessory dwelling unit. total at least 15 square feet in area. c. Food storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. total at least 30 square feet of shelf space.

2 4. “Floor area” means the gross floor area of an attached or detached accessory dwelling unit as measured to the outside surface of exterior walls, including its living area, basement whether conditioned or unconditioned, and any garage or other enclosed accessory structure attached to the detached accessory dwelling unit.

5. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
a. Is no more than 500 square feet in size;
b. Is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
c. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;
d. If the unit does not include its own separate bathroom, then it shall contain an interior entrance to the main living area of the existing or proposed single-family structure to allow bathroom access from the main house, in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. e. Includes an efficiency kitchen, as defined in subsection (C)(3) above.

6. “Living area” means is defined as the interior habitable area of a dwelling unit, including basements and attics, but does not include ing a garage or any accessory structure.

7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

8. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

9. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

10. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

11. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Locations Permitted. Accessory dwelling units and junior accessory dwelling units are permitted in all zoning districts that allow for any single-family or multifamily residential use, including the corridor mixed use districts if they allow for any residential use.

E. Approvals. Before constructing an ADU or converting an existing structure or portion of an existing structure or residence to an The following approvals apply toADU or and JADU, the applicant shall obtain permits in accordance with the requirements of s under this section.

1. All ADUs and JADUs shall satisfy the requirements of the California Building Standards Code, as amended by the City, and any other applicable laws.

2. Building-Permit Only Approval. An applicant shall not be required to submit an application for an ADU Permit under subsection (E)(3) of this section, and may instead seek building

3 permit only approval for an ADU or JADU, or both, where the proposal satisfies the requirements of Government Code Section 65852.2, as the same may be amended from time to time, the California Building Standards Code, as amended by the City, and any other applicable laws. The following are categories of ADUs and JADUs that shall be approved under this paragraph (E)(2): If an ADU or JADU complies with each of the general requirements in Subsection F below, it is allowed with only a building permit in the following scenarios:
a. Converted Space or Structure on Single-Family Lot. Only one ADU as described in this subsection E(2)(a) and one or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and ii. Has exterior access that is independent of that for the single-family dwelling; and iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
iv. The JADU complies with the requirements of Government Code Section 65852.22.
b. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (E)(2 1)(a) above), if the detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit provided in subsection (F)(2) below. is 16 feet or less. c. Converted on Multifamily Lot. One or more Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages: that satisfied the following :
i. If each converted, ADU complies with state building standards for dwellings. ii. At least one converted ADU is allowed within an existing multifamily dwelling structure, but the number of ADUs created under this paragraph (E)(12)(c) may not exceed 25% of the existing multifamily dwelling units. d. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations:

4 i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit provided in subsection (F)(2) below.

3. ADU Permit Review s.
a. The Director or designee shall administratively (ministerially) review and approve an ADU Permit application filed pursuant to subsection (E)(5) and shall not require a public hearing, provided that the submitted application is complete and that the ADU complies with the requirements contained in that section and any other applicable law. b. Except as allowed under subsection (E)(2) (Building Permit only), above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections F and G below.
c. Discretionary review for an ADU permit application is required as a result of non-compliance with standards set forth in subsections F and G below, shall be subject to the review requirements in section (E)(7) below (Nonconforming Zoning Code Conditions).
d. Impact Fees.
i. No impact fee is required for an ADU or JADU that is less than 750 square feet in size.
ii. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. iii. Except as otherwise provided in this chapter, the construction of an accessory dwelling and junior accessory dwelling unit shall be subject to any applicable fees adopted pursuant to the requirements of California Government Code, Title 7, Division 1, Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).

4. ADU Permit Application Process and Timing.
a. An ADU permit is considered and approved magisterially without discretionary review or hearing.

5 a. The City must a approve or deny on an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not acted upon the completed application within 60 days, the application shall be deemed approved unless the following: either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
In the case of a JADU, and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single family dwelling on the lot, the city may delay acting on the permit application for the JADU until the City acts on the permit application to create the JADU will still be considered magisterially without discretionary review or a hearing. ii. If the permit application to create an ADU or JADU is submitted with an application to create a new single family or multi-family dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. b. If the City denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all defective or deficient items and a description of how the application may be remedied by the applicant. Notice of denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection (E)(5)(a). c. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

5. Application Requirements.
a. Applications for an accessory dwelling unit permit shall be made in writing by the property owner or his or her authorized agent, on forms provided by the Community Development Department, and accompanied by such data and information as may be necessary to fully describe the request including:
i. A to-scale and fully dimensioned site plan showing the proposed accessory dwelling unit or junior accessory dwelling unit and all existing structures on the property including patio covers, other accessory structures, fences and driveways; ii. Elevations of the proposed accessory dwelling unit including building dimensions, material call outs and a color and materials sample board as requested by the Community Development Director
i. Name and address of the applicant.

6 ii. Owner—Builder Acknowledgment and Information Verification Form. iii. Assessor's parcel number(s) of the property.
iv. Plot Plan (Drawn to Scale) in sufficient detail to clearly describe:

1. Physical dimensions of the property.

2. Location and dimensions of all existing and proposed structures, walls, and fences.

3. Location and dimensions of all existing and proposed easements, drainage structures, and utilities.

4. Location, dimensions. and names of all adjacent roads, whether public or private.

5. Setbacks.

6. Existing and proposed methods of circulation, including ingress and egress, driveways, parking areas. and parking structures.

7. A narrative description of architectural treatments proposed for the ADU.
v. Floor plans. Complete floor plans of both existing and proposed conditions shall be provided. Each room shall be dimensioned and resulting floor area calculation included. The use of each room shall be labeled. The size and location of all doors, closets, walls, and cooking facilities shall be clearly depicted. For an attached ADU, the plans must include the Primary Dwelling as well.
vi. Elevations of all sides of the exterior structure of the elevations that show all exterior structures, all architectural projections, and all openings for both the primary residence and the proposed ADU accessory dwelling unit including building dimensions, material call outs.
vii. A a color and materials sample board as requested by the Community Development Director;
viii. Color photographs of the exterior of the primary residence as requested by the Community Development Director; and

7 ix. Construction Management Plan. Construction hours and staging to minimize impacts on surrounding residential properties, as requested by the Director. b. The filing and review fee shall be as prescribed by City Council resolution or ordinance. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance.

6. Nonconforming ADUs and Discretionary Approval.
a. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections F and G, below, may be allowed by the City with a Zoning Administrator permit in accordance with Chapters 17.132 and 17.148 of this title. If required, a A noticed public hearing shall be held in accordance with Sections 17.132.030 and 17.148.030 . i. Applies to ADUs over 1,000 square feet and/or three bedrooms. ii. The maximum size of an ADU subject to this subsection (E)(64) is 1,200 square feet, or three bedrooms.
b. Findings. Before approval of the Zoning Administrator permit granting the exception, the Zoning Administrator shall find that:
i. The exterior design of the accessory dwelling unit is in harmony with, and maintains the scale of, the neighborhood;
ii. If an exception to parking requirements is requested, the exception will not result in excessive parking congestion;
iii. The site plan provides adequate open space usable and useful for both the accessory dwelling unit and the primary residence;
iv. Where applicable, open space and landscaping provides for privacy and screening of adjacent properties;
v. The location and design of the accessory unit maintains a compatible relationship to adjacent properties and does not significantly impact the privacy, noise, light air, solar access or parking of adjacent properties; and
vi. Windows that impact the privacy of the neighboring side or rear yard have been minimized. Major windows, access stairs, entry doors and decks are generally limited to the walls facing the primary residence or the alley, if applicable.

7. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures
a. Generally. The City will not deny an ADU or JADU application due to a

8 nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. b. Unpermitted ADUs constructed before 2018.
i. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:

1. The ADU violates applicable building standards, or

2. The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (Section 17.104.101). ii. Exceptions.

1. Notwithstanding subsection (7)(b)(i) above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

2. Subsection (7)(b)(i) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

F. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (E)(12) or (E)(2 3):

1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection (E)(12) may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection (E)(23) may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

2. Height.
a. Except as otherwise provided by subsection (F)(2)(b) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.

9 b. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
c. An ADU that is attached to the primary dwelling may occupy any level of the primary dwelling unit if it is designed as an integral part of the primary dwelling and a separate ingress and egress is provided. A height of 25 feet or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower shall apply to an ADU attached to a primary dwelling.

Notwithstanding the foregoing, ADUs subject to this subsection (F)(2)(c) may not exceed two stories.
d. An ADU above a detached structure located contiguous to an alley may be up to 25 feet in height.
e. For purposes of this subsection (F)(2), height is measured above existing legal grade to the peak of the structure.

3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6. Owner Occupancy.
a. All ADUs created before January 1, 2020 are subject to the owner-occupancy requirement that was in place when the ADU was created. a. An ADU that is created after January 1, 2020 that date but before January 1, 2025, is not subject to any owner-occupancy requirement.
b. Unless applicable law requires otherwise , Aall ADUs that are created on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.

10 c. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner- occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

7. Building and Construction.
a. All ADUs and JADUs n accessory unit shall meet the requirements of the building code, as adopted and amended by Chapter 15.04 of the municipal code, that apply to detached dwellings, as appropriate. must comply with all local building code requirements.
b. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
c. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

8. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes and applicable ADU and JADU requirements and standards.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing

11 evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Income Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2 , the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. By January 30 of each year after initial building permit issuance, the owner shall report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the city shall send a request for information to the owner.

G. Specific ADU and JADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (E)(23) above.

1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection (G)(1) is 850 for a studio or one-bedroom unit and 1,000 square feet. for a unit with two bedrooms . No more than two bedrooms are allowed.
i. An ADU over 1000 square feet or three bedrooms shall be subject to Zoning Administrator review as provided in subsection (E)(6).

ii. No ADU shall exceed 1,200 square feet per subsection (E)(6)(a)(ii). b. An attached ADU that is created on a lot with an existing primary dwelling shall not exceed 50% of the existing floor area of the primary dwelling. c. The accessory dwelling unit shall contain no less than the 150 square feet area minimum

12 required for an efficiency dwelling unit as defined in Section 17958.1 of the Health and Safety Code.

Application of other development standards in this subsection G, such as FAR or lot coverage, might further limit the size of the ADU.
c. Exception . Application of other development standards such as size based on a percentage of the proposed or existing primary dwelling, FAR, lot coverage, front setbacks, minimum lot size, or open-space requirements for an attached or detached ADU may not require the ADU to be less than 800 square feet.

2. Parking — General Requirement. Accessory dwelling units must meet the following parking standards:
a. One off-street parking space is required for an ADU that is approved under subsection (E)(2 3) above.
b. Parking configuration, if required:
i. The required parking spaces may be located in setback areas or tandem parking on an existing driveway, unless specific findings are made under subparagraph (G)(2)(b)(ii). ii. Parking arrangements in subparagraph (G)(2)(b)(i) are not permitted if the Community Development Director (or designee) makes specific findings that such parking arrangements are not feasible based upon specific site or regional topographical or fire or life safety conditions.
c. Exceptions. Parking standards shall not be imposed on an ADU accessory dwelling unit in any of the following circumstances:
i. The ADU accessory dwelling unit is located within one-half mile walking distance of public transit, including a public bus stop, bus station or transit station that charge set fares, run on fixed routes, and are available to the public. ii. The ADU accessory dwelling unit is located within as architecturally and designated historically significant historic district.
iii. The ADU accessory dwelling unit is part of the existing primary residence or an existing accessory structure under subsection (E)(1)(a). iv. When on-street parking permits are required but not offered to the occupant of the ADU accessory dwelling unit.
v. When there is an established car share vehicle stop located within one block of the ADU accessory dwelling unit.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multi-family dwelling on the

13 same lot, provided the ADU or the lot satisfies any other criteria listed in parking exception subsections (G)(2)(c)(i) through (v) above. d. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

3. Height.
b. The height of a second-story or two-story attached ADU shall not exceed the height of the primary structure or 30 feet in height above grade, whichever is greater, measured to the peak of the structure.A detached ADU may not exceed 16 feet in height, above grade, measured to the peak of the structure.
c. A unit above a detached garage located contiguous to an alley may not exceed 25 feet in height above grade, measured to the peak of the structure.

3. Setbacks.
a. An ADU that is subject to this section must conform to a 20-foot front yard setback, or the front setback imposed by the underlying zone, whichever is greater. b. An ADU that is subject to this subsection (G) must conform to 4-foot side- and rear-yard setbacks. Attached and Detached Accessory Dwelling Unit. Except as provided in subsection (E)(1), an attached or detached ADU is subject to side and rear setbacks of four feet. c. Alley Adjacent ADUs Accessory Dwelling Units and ADUs Accessory Dwelling Units Adjacent to Non- Residentially Zoned Property. Side or rear yard setbacks adjacent to an alley or non- residentially zoned property shall may be zero feet. Parking provided off the alley shall maintain a 24-foot back-out, which includes the alley. d. Garage and Accessory Building Conversion. No setback shall be required for a legally established, existing garage or accessory building that is converted to an ADU accessory dwelling unit, provided the structure is not expanded under subsection (E)(12)(a)(i). Any expansion of the structure under subsection (E)(12)(a)(i) is subject to side and rear setbacks of four feet.
e. Addition Over a Garage. A minimum The 4-foot minimum side and rear setback requirement of subsection 3.b. shall apply to the newly constructed portion for an ADU accessory dwelling unit constructed above a legally established existing garage.

4. Lot Coverage
a. Lot Coverage .No ADU subject to this subsection (G) may cause the total lot coverage of the single-family lot to exceed 50%, except that an ADU that is 800 square feet or less, not more than 16 feet in height, and compliant with a minimum 4-foot side and rear setback, shall be considered consistent with all city development standards, irrespective of any other Municipal Code limitations governing lot coverage, floor

14 area ratio, and open space.
b. Rear Yard Coverage. An accessory dwelling unit ADU shall not result in more than 30% rear yard coverage as measured from the rear wall of the primary residence to the rear property line (or as measured from the average distance of the rear wall from the rear property boundary if the rear wall does not follow a straight line). except that an ADU that is 800 square feet or less, not more than 16 feet in height, and compliant with a minimum 4-foot side and rear setback, shall be considered consistent with all city development standards, irrespective of any other Municipal Code limitations governing lot coverage, floor area ratio, and open space.

5. Architectur al e Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must be the same thematch or be harmonious with the appearance and architectural design of the primary dwelling.
b. The roof slope must be the same that of the dominant roof slope of the primary dwelling.

The dominant roof slope is the slope shared by the largest portion of the roof. c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
g. All second-story windows and doors in a second unit that are less than 30 feet from a property line that is not a right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
h. Access stairs, entry doors and decks must face the primary residence or the alley, if applicable.
i. A garage converted to an accessory dwelling unit shall include removal of garage door(s) which shall be replaced with architectural features, including walls, doors, windows, trim and accent details.
j. The architectural treatment of an ADU to be constructed on a lot that has an identified

15 historical resource listed on the federal, state, or local register of historic places must comply with all applicable ministerial requirements imposed by the Secretary of Interior.

6. Landscape and Screening Requirements.
a. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels when there is direct adjacency of the ADU to an existing primary dwelling on an adjacent parcel in which there is no screening as follows:
i. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall.Alternatively, at least one 24-inch box size plant shall be provided for every 10 linear feet of exterior wall.
ii. For a ground-level ADU, plant specimens must be at least six feet tall when installed. As an alternative, for a ground level ADU, a solid fence of at least six feet in height may be installed along a side or rear yard in compliance with fencing standards .
b. For a second-story ADU, plant specimens must be at least 12 feet tall when installed. b. All landscaping must be drought-tolerant.

7. Other.
a. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire-apparatus access, as determined by the fire authority. b. Each unclosed parking space shall be at least eight and one-half feet wide and 18 feet long.
c. Each parking space that is provided in an enclosed garage shall be at least 10 feet wide and 20 feet long and have at least seven and one-half feet vertical clearance.

8. Notice of Construction.
a. At least 10 business days before starting any construction of a second unit, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:
i. Notice that construction has been authorized;
ii. The anticipated start and end dates for construction; iii. The hours of construction;
iv. Contact information for the project manager (for construction-related complaints); and v. Contact information for the City Building Division.

16 This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City of Woodland has no discretion in approving or denying a particular ADU project under this section. This notice requirement is purely to promote neighborhood awareness and expectation. (Ord. 1657 § 3, 2020; prior code § 25-21-05) H. Fees. The following requirements apply to all ADUs that are approved under subsections (E)(2) and (E)(3) above.

1. Impact Fees.
a. For purposes of this subsection (H), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
b. No impact fee is required for an ADU or JADU that is less than 750 square feet in size. c. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling).

2. Utility Fees and Connection.
a. If an ADU is constructed with a new single family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required pursuant to Government Code Section 65852.2(f)(4) and (f)(5). b. Except as described in subsection (H)(2)(a) above, converted ADUs on a single family lot that are created under subsection (E)(2)(a) above are not required to have a new or separate utility connection directly between the ADU and the utility, nor is a connection fee or capacity charge required. c. Except as described in subsection (H)(2)(a) above, all ADUs that are not covered by subsection (H)(2)(b) require a new, separate utility connection directly between the ADU and the utility.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

Prepared November 2022

City of Woodland
Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) FAQs December 2022

See Municipal Code Section 17.104.010 Accessory Dwelling Units for comprehensive information regarding ADUs and JADUs.

What is an ADU?
An ADU, also known as a Second Dwelling or
Granny Flat, is a completely self -contained housing
unit located on the same lot as another home, called
the primary dwelling. ADUs are considered accessory
because they are typically smaller than the primary
dwelling and are not the main use on the lot. An ADU
can be detached, attached, or a conversion of an
existing space (like a garage). Section 17.104.010(C)(1) What is a JADU?
A JADU is a housing unit which is completely
contained within the space of an existing or proposed
residence, which is no more than 500 square feet and
which meets certain bathroom, kitchen and entrance
requirements. Section 17.104.010(C)(5)
Where can I build an ADU?
ADUs and JADUs are permitted in all zoning districts
that allow for any single-family or multifamily
residential use, including the corridor mixed use
districts if they allow for any residential use. ADUs
may be constructed on any lot developed with an
existing primary dwelling, or on a lot where a primary
dwelling will be con structed at the same time as the
ADU. ADUs can be attached to the primary dwelling
or detached in a freestanding building. Section

17.104.010(D) and (F)(1)
What are the review requirements for an ADU?
An ADU that is less than 800 square feet in size, under 16-feet in height, with side or rear setbacks of at least 4-feet may be allowed with building permit review
only.

An ADU that is between 800 and 1,000 square feet in
size is subject to an ADU Permit in addition to
building permit review.

An ADU between 1,000 and 1,200 square feet in size,
or three bedrooms, or that does not meet the objective
design standards require discretionary review through
a zoning administrator permit. Section 17.104.010(E)(3) What is the maximum size of an ADU?
Detached ADUs may be up to 1,200 square feet of
livable space. Attached ADUs may be up to either
1,200 square feet or 50% of the size of the primary
dwelling, whichever is less. For example, a 2,000 -
square-foot house may have an attached ADU of up
to 1,000 square feet, or a detached ADU of up to 1,200
square feet. Section 17.104.010(G)(1)
What are the setback requirements for an ADU?
ADUs are allowed in the side and rear yards but are
not allowed in a front yard setback. In the side and
rear yards, ADUs must be set back at least four feet
from all propert y lines. An ADU must conform to a
20’ front yard setback, or the front setback imposed
by the underlying zone, whichever is greater. Section

17.104.010(G)(3)
Do I need a permit to build an ADU?
Yes, depending on the type and size of your ADU, you
may need a building permit only, or a building permit
and ADU permit. Larger ADUs or those that require
exceptions from standards require a discretionary
zoning administrator permit. Section 17.104.010(E)
Can I convert an existing structure to an ADU?
Yes, existing structures such as garages, workshops,
guest quarters, or portions of a primary dwelling may
be converted to an ADU. Some upgrades may be
required for structures that were not originally meant
to be inhabited to meet Bui lding Code requirements.

Sections 17.104.010(E)(2) (a & c) and (F)(7)
How much parking does an ADU require?
One off -street parking space is required for non -
ministerial ADUs, unless the ADU is located near
public transit, a historic district, or where the ADU is part of the existing primary residence or an existin g
accessory structure. Section17.104.010(G)(2).

City of Woodland
Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) FAQs December 2022

See Municipal Code Section 17.104.010 Accessory Dwelling Units for comprehensive information regarding ADUs and JADUs.

How tall can my ADU be?
Detached ADUs may be up to 16’ tall to the peak. An
attached ADU may not exceed 25’, or the same height
set by the Zoning Code for the primary dwelling. A
unit above a detached structure that is contiguous to
an alley may not exceed 25’. A detached ADU on a
lot with an existing or proposed multistory
multifamily dwelling may not exceed 18’. Section

17.104.010(F)(2).

Note: For purposes of evaluating exceptions to height, the city does not currently have a qualified major transit stop as defined by Public Resources Code 21155.

Can I rent or sell my ADU?
An ADU can be rented separately from the primary
dwelling, for pe riods of 30 days or longer . The
property owner does not have to occupy one of the
homes on the property to rent either home to other
occupants. An ADU cannot be sold or conveyed
separately from the primary dwelling except in
limited circumstances by nonpro fit affordable
housing organizations. A JADU is subject to an owner
occupancy requirement. An owner must reside in
either the primary or JADU. Section 17.104.010(F)(5
& 6)
What are the fees to build an ADU?
In addition to Plan Check and Permit Issuance f ees,
ADUs are subject to some – but not all – of the
development impact fees and utility connection/
capacity fees that primary dwellings are. Total fees
will depend on the specific circumstances of your
property and the scope of your project. Note that no
city or county impact fees are charged for ADUs or
JADUs of 750 square feet or less. Section

17.104.010(H)
Who do I call if I have questions?
Contact the Community Development Department at
(530) 661 -5820 for any questions regarding ADUs
and JADUs.

TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: December 20, 2022
ITEM #: H.21
SUBJECT: Cross Court Commons

Recommendation for Action: Staff recommends that the City Council:

1. Receive the staff report;

2. Conduct a public hearing;
a) adopt Resolution No. _____ approving Tentative Subdivision Map # 5233; b) adopt Resolution No. _____ approving Site Plan and Design Review; and c) introduce and waive the first reading of Ordinance No. _____ approving a Planned Development overlay and Conditional Use Permit for the development of 32 multifamily units and three accessory dwelling units, on five contiguous parcels located at the northwest corner of California and Elizabeth Way in the Multi-Family Residential (R-M) Zone subject to conditions of approval.

Staff Contact:

Megan Meier, Associate Planner, (530) 661-5814, [email protected]

Fiscal Impact:

The applicant has paid for all application processing costs. The Tentative Subdivision Map provides 35 units over a five-lot multi-family R-M site. This project will pay Citywide Development Impact Fees (DIF) for 32 of the units (3 ADUs under 750 sq/ft incur no impact fees) and are estimated to total approximately $737,910.

Background:

On November 10, 2022, the project applicant, Cronin Properties LLC, submitted a planning application PLNG 22-00066 for a proposed 5-lot Residential Subdivision Map located on a 1.71-acre site (APN 065-221-005, 006, 007,008, 009, 010, 011, 012, 013) at the northwest corner of California Street and Elizabeth Way. The site is zoned Multi Family Residential (R-M) which allows 8.1-19.9 dwelling units an acre. The site is currently undeveloped. Along with the Tentative Subdivision Map, the proposal includes the lot configuration, site layout, landscape, and architectural plans for a 35-unit residential development project, including 3 Accessory Dwelling Units.

The development site was originally part of the larger Cross Court Athletic Club Development Subdivision Map #2774, which included a previously approved Planned Development Overlay (PUD 78-A) on March 10, 1978. The current proposed development project and Planned Development Overlay will supersede the previous PUD 78-A to provide updated guidelines that fit the current development proposal.

On December 1, 2022, the Planning Commission held a public hearing to consider the proposal. The Commission voted 5 Ayes, 0 Noes, with two members absent, to recommend approval of the Cross Court Commons development project as proposed. One member of the public voiced concerns at the Planning Commission meeting about potential construction-related noise impacts associated with the proposed development on existing homes located on California and Elizabeth Way. Staff worked with the applicant to address this concern as outlined in the following “Public Comment” section of this staff report.

Discussion:

Project Site Description
The proposed development is situated on an undeveloped, 1.71-acre, infill site bordered on the north by the