82093.00006\41785083.2
31 the requirements of this Agreement, including but not limited to the dedication of certain property as set forth in Section 4.3 of this Agreement, which must be released from any such encumbrance prior to dedication to the CITY. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement.
Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER’s obligations under this Agreement. (c) If CITY timely receives a request from a mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY , the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.
10. MISCELLANEOUS PROVISIONS.
10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Yolo County Recorder by the City Clerk within ten (10) days of CITY’s entry into this Agreement, as required by Section 65868.5 of the Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement as provided for herein and in Government Code Section 65868, or if the CITY terminates or modifies the agreement as provided for herein and in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action recorded with the Yolo County Recorder.
82093.00006\41785083.2
32 10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees and dedications of land set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.
10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.
10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
10.6 Singular and Plural. As used herein, the singular of any word includes the plural.
10.7 Joint and Several Obligations. Subject to Section 2.4, if at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners.
10.8 Time of Essence. Time is of the essence in the performance of .the provisions of this Agreement as to which time is an element.
10.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.
10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.
82093.00006\41785083.2
33 10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party’s control, (including the party’s employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party’s control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.
10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.
10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.
10.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.
10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Yolo, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.
10.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property.
10.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required
82093.00006\41785083.2
34 instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. The City Manager may delegate his or her powers and duties under this Agreement to the Community Development Director or other management level employee of the CITY.
10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.
10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Community Development Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
10.20 Estoppel Certificate. Within thirty (30) days following a written request by any of the parties, the other party shall execute and deliver to the requesting party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification except as may be represented by the requesting party and that there are no uncured defaults in the performance of the requesting party, except as may be represented by the requesting party. OWNER shall pay to CITY all costs incurred by CITY in connection with the issuance of estoppel certificates under this Section 10.20 prior to CITY’s issuance of such certificates.
10.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the day and year set forth below.
82093.00006\41785083.2
35 [SIGNATURES CONTAINED ON FOLLOWING PAGE]
82093.00006\41785083.2
36 SIGNATURE PAGE
TO DEVELOPMENT AGREEMENT
(Northeast Annexation Area—Netaj, LLC)
"OWNER"
NETAJ, LLC,
A CALIFORNIA LIMITED LIABILITY
COMPANY
By: ________________________
Name: Harbans Singh
Its: Manager
Date: ___________________
"CITY"
CITY OF WOODLAND
a California municipal corporation
By:
Victoria Fernandez
Mayor
Date: ___________________
ATTEST:
Ana Gonzalez
City Clerk
APPROVED AS TO FORM:
Ethan Walsh
City Attorney
82093.00006\41785083.2
37
82093.00006\41785083.2
38 ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
State of California
County of )
On before me, _____________________________________
(insert name and title of the officer)
personally appeared _________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
82093.00006\41785083.2
39 ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
State of California
County of )
On before me, _____________________________________
(insert name and title of the officer)
personally appeared _________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
Exhibit “A”
Legal Description
The land referred to herein is situated in the State of California, County of Yolo Unincorporated Area and described as follows:
All that portion of the fractional Northwest quarter of Section 26, Township 10 North, Range 2 East, M D B.&M., more particularly described as follows:
Commencing at the Northeast corner of said Northwest quarter thence coincident with the East boundary of said Northwest quarter South 00° 34'38" West 30.00 feet to a point on the South boundary of Parcel 3 as described in Book 277 Page 387, Official Records being also the point of beginning; thence from said point of beginning and coincident with said East boundary South 00°34'38" West 2578.44 feet to a point
30.00 feet Northerly of the Southeast corner of said Northwest quarter being also on the North boundary of a strip of land described in Book 118 of Deeds, Page 58; thence coincident with the North boundary North 89° 25'36" West 2616.52 feet to a point on a line 25.00 feet Easterly of the West boundary of said Northwest quarter being also a point on the East boundary of a strip of land described in said Book 118 of Deeds, Page 58; thence coincident with said East boundary North 00° 34'53' East 2585.20 feet to a point
30.00 feet Southerly of the North boundary of said Northwest quarter being also a point on the South boundary of that certain strip of land described as Parcel 3 per Book 277 Page 387, Official Records; thence coincident with said South boundary South 89° 16'43" East 2616.34 feet to the point of beginning.
APN: 027-350-001
NETAJ LLC
APN: 027-350-001
157± ac.
E MAIN ST
COUNTY ROAD 102
E BEAMER ST
E KENTUCKY AVE
I5SB
I5NB
COUNTY ROAD 102
E BEAMER ST
5 0 1,000500
Feet
Exhibit B
NETAJ, LLC
County of Yolo, California
City of Woodland
Proposed City Limits
Existing City Limits
1025 Creekside Ridge Drive, Suite 150, Roseville CA 95678 Date: 10/31/2023 7741.800 Legend
Existing City Boundary
Proposed City Boundary
E BEAMER ST
COUNTY ROAD 102027-350-001027-350-051
COUNTY ROAD 102
027-350-050027-350-041
027-350-060027-350-058
HANSON WAY
027-350-001
EASEMENT TO BE DEDICATED TO CITYEXHIBIT C: EASEMENTS TO BE DEDICATEDTO THE CITY OF WOODLANDNSWE
LEGENDURBAN LIMIT LINEEXISTING CITY LIMITSAREA TO BE ANNEXED TO CITY
SEE DETAIL A
DETAIL A
E KENTUCKY AVE
INTERSTATE 5
E BEAMER ST
COUNTY ROAD 102
E MAIN STHOMEDEPOTWALMART
027-210-007
027-350-001027-350-051027-360-045
027-370-034
027-210-001027-210-035
027-370-035027-370-019027-370-009LANDSCAPE IMPROVEMENTS (20' WIDE) EXHIBIT D: REQUIREDINFRASTRUCTURE IMPROVEMENTSNSWE
LEGENDURBAN LIMIT LINEEXISTING CITY LIMITSAREA TO BE ANNEXED TO CITYNON-FRONTAGE STREET LIGHTS REQUIREDBY DEVELOPMENT AGREEMENT (WHENDEVELOPMENT OCCURS)FUTURE STREET LIGHTS TO BE INSTALLEDBY FRONTING PROPERTY OWNER (WHENDEVELOPMENT OCCURS)EXISTING STREET LIGHTS
E KENTUCKY AVE
INTERSTATE 5
E BEAMER ST
COUNTY ROAD 102
E MAIN STHOMEDEPOTWALMART
027-210-007
027-350-001027-350-051027-360-045
027-370-034
027-210-001027-210-035
LANDSCAPE MAINT. AREA (20' WIDE)
EXHIBIT E: MAINTENANCE COMMUNITY FACILITIES DISTRICTNSWE
LEGENDURBAN LIMIT LINEEXISTING CITY LIMITSAREA TO BE ANNEXED TO CITY
PROPOSED STREET LIGHTS TO BEMAINTAINED BY CFDEXISTING STREET LIGHTS TO BE MAINTAINEDBY CFDTRAFFIC SIGNALS TO BE MAINTAINED BY CFDSTORM DRAINAGE BASIN TO BEPARTIALLY MAINTAINED BY CFD
EXISTING STREET LIGHTS OUTSIDE THELIMITS OF THE CFD
Exhibit F
Uniformly Applied Development Standards
and Stipulated Conditions of Approval
Final
City of Woodland Annexation
Initial Study
APPENDIX A
Uniformly Applied Development
Standards and Stipulated
Conditions of Approval
June 2022
Final
City of Woodland Annexation
Initial Study
Prepared for:
City of Woodland
300 First Street
Woodland, CA 95695
Contact Info:
Erika Bumgardner
[email protected]
Prepared by:
AECOM
2020 L Street, Suite 400
Sacramento, CA 95811
Contact:
Matthew Gerken
Project Manager
916/414-5800
June 2022
Annexations Initial Study AECOM
City of Woodland A-1 Appendix A
1 INTRODUCTION
The following tables provide a detailed summary of the City’s General Plan Policies and Implementation Programs applicable to minimizing and avoiding potential environmental impacts, as analyzed and identified through the 2035 General Plan and Climate Action Plan (CAP) Environmental Impact Report (EIR). Table A-1 identifies those General Plan Policies and Implementation Programs that would be relevant to future development within the proposed annexation areas, such that future development would be consistent with the 2035 General Plan and CAP, as applicable, and implement required measures to minimize potential environmental impacts in accordance with the 2035 General Plan and CAP EIR. Within Table A-1, the relevant policies, regulations, and development standards that would be uniformly applied to all future development within the annexation areas, as applicable, are identified. In the case that no such uniformly applied policy, regulation, or development standard currently exists to implement a required General Plan Policy or Implementation Program, then the policy or program would be enforced through a Condition of Approval on any future development within the proposed annexation areas. Table A-2 specifically identifies the Conditions of Approval that would be required of any future development within the proposed annexation areas; the City would require a project demonstrate consistency with the applicable Conditions of Approval prior to the issuance of a grading permit or improvement plans.
AECOM Annexations Initial Study
Appendix A A-2 City of Woodland
Table A-1. 2035 General Plan Policies and Uniformly Applied Development Standards, Policies, and Regulations Applicable to Future Development Within Proposed Annexation Areas Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
Aesthetic
Resources
a) Have a substantial adverse
effect on a scenic vista?
None required.
Aesthetic
Resources
b) Substantially damage scenic
resources, including, but not
limited to, trees, rock
outcroppings, and historic
buildings within a state
scenic highway?
None required.
Aesthetic
Resources
c) In non-urbanized areas,
substantially degrade the
existing visual character or
quality of public views of
the site and its
surroundings? (Public views
are those that are
experienced from publicly
accessible vantage point). If
the project is in an
urbanized area, would the
project conflict with
applicable zoning and other
regulations governing
scenic quality?
None required.
Aesthetic
Resources
d) Create a new source of
substantial light or glare
which would adversely
affect day or nighttime
views in the area?
General Plan Policy 2.F.4 Light Pollution. Control artificial lighting to avoid spill-over lighting and preserve the night sky.
General Plan Policy 2.F.5 Glare. Control artificial lighting to prevent glare.
Woodland Municipal Code, Title
17 Zoning, Section 17.92.060 I
Industrial Zone (Performance
Standards)
City of Woodland Interim Zoning
Ordinance 2020, Section 3.11.A4
(Exterior Lighting)
City of Woodland Community
Annexations Initial Study AECOM
City of Woodland A-3 Appendix A
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
Design Standards, Lighting
Standards
Agricultural
and Forestry
Resources
a) Convert Prime Farmland,
Unique Farmland, or
Farmland of Statewide
Importance (Farmland), as
shown on the maps
prepared pursuant to the
Farmland Mapping and
Monitoring Program of the
California Resources
Agency, to non-agricultural
use?
General Plan Policy 2.A.3 Agricultural Mitigation. For impacts to agriculture within the Urban Limit Line, require one acre to be permanently conserved for every acre converted to urban development. The farmland being conserved must be of the same Farmland Mapping and Monitoring Program type (Prime Farmland, Farmland of Statewide Importance, Unique Farmland, Farmland of Local Importance) as the farmland that is being converted, or of a type of higher quality, and the conserved farmland should be located as close to the Woodland Urban Limit Line as possible.
General Plan Policy 7.C.5. Agricultural Buffer. Require new development that occurs at the edge of the ULL to be set back a minimum of 150 feet from adjacent agricultural land where possible. Equivalent means of providing agricultural buffers may be considered by the Planning Commission on a case-by-case basis for parcels where development potential would be precluded or severely limited as a result of the required buffer size. The buffer shall be landscaped/vegetated and may include public right of way.
City of Woodland Municipal Code,
Section 15.33
Condition of Approval required for
General Plan Policy 7.C.5; see
Table A-2.
Agricultural
and Forestry
Resources
b) Conflict with existing
zoning for agricultural use
or a Williamson Act
contract?
None required.
Agricultural
and Forestry
Resources
c) Conflict with existing
zoning for, or cause
rezoning of, forest land (as
defined in Public Resources
Code section 12220(g)),
timberland (as defined by
Public Resources Code
section 4526), or timberland
zoned Timberland
Production (as defined by
Government Code section
51104(g))?
None required.
Agricultural
and Forestry
Resources
d) Result in the loss of forest
land or conversion of forest
land to non-forest use?
None required.
AECOM Annexations Initial Study
Appendix A A-4 City of Woodland
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
Agricultural
and Forestry
Resources
e) Involve other changes in the
existing environment,
which, due to their location
or nature, could result in
conversion of Farmland to
non-agricultural use or
conversion of forest land to
non-forest use?
None required.
Air Quality a) Conflict with or obstruct
implementation of the
applicable air quality plan?
See Air Quality checklist question b) below.
Air Quality b) Result in a cumulatively
considerable net increase of
any criteria pollutant for
which the project region is
non-attainment under an
applicable federal or state
ambient air quality
standard?
General Plan Policy 7.F.2 Best Management Practices. Require all projects to implement Best Management Practices (BMPs) for reducing air pollutant emissions associated with the construction and operation of development projects as a standard City condition of approval.
General Plan Implementation Program 7.18. New developments that could generate a potentially significant short-term air quality impact shall incorporate feasible construction mitigation strategies, including those listed below, those included in an updated set of mitigation recommendations prepared by the Yolo- Solano Air Quality Management District, or those determined by the City to be as effective:
a. Water all active construction areas at least twice daily. b. Haul trucks shall maintain at least two feet of freeboard. c. Cover all trucks hauling soil, sand, and other loose materials. d. Apply non-toxic binders (e.g., latex acrylic copolymer) to exposed areas after cut-and-fill operations and hydroseed area.
e. Apply chemical soil stabilizers on inactive construction areas (disturbed lands within construction projects that are unused for at least four consecutive days). f. Plant tree windbreaks on the windward perimeter of construction projects if adjacent to open land.
g. Plant vegetative ground cover in disturbed areas as soon as possible. h. Cover inactive storage piles.
i. Sweep streets if visible soil material is carried out from the construction site. j. Treat accesses to a distance of 100 feet from the paved road with a 6 to 12 inch layer of wood chips or mulch.
Woodland Municipal Code Section
17.92.060(B)
Woodland Interim Zoning
Ordinance 2020, Article 3, Section
3.11.B.5 and 3.11.B.7.d
Yolo-Solano Air Quality
Management District adopted
Rules and Regulations
California Code of Regulations
Sections 2449(2)(B) and 2485
Idling Restrictions
Condition of Approval required for
General Plan Implementation
Program 7.18; see Table A-2.
Annexations Initial Study AECOM
City of Woodland A-5 Appendix A
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
k. Treat accesses to a distance of 100 feet from the paved road with a 6 -inch layer of gravel.
l. Limit all idling of vehicles and equipment that use gasoline or diesel fuel to five minutes maximum.
m. Use alternative power source, such as electricity, for construction equipment or use reformulated and emulsified fuels, incorporate catalyst and filtration technologies, and generally modernize the equipment fleet with cleaner and newer engines.
Air Quality c) Expose Sensitive Receptors
to Substantial Pollutant
Concentrations?
General Plan Policy 7.F.2 Best Management Practices. Require all projects to implement Best Management Practices (BMPs) for reducing air pollutant emissions associated with the construction and operation of development projects as a standard City condition of approval.
General Plan Policy 7.F.3 Protect Sensitive Receptors. For the purposes of environmental review of potential toxic air contaminant impacts, consider residentially designated land uses, hospitals and other medical facilities, residential care facilities, schools, day care centers, playgrounds to be “sensitive receptors.” Discourage the location of new sensitive receptor uses within 500 feet of a limited access state highway (State Route 113 and Interstate 5). Implement applicable buffer distances recommended by the California Air Resources Board between sensitive uses and sources of substantial pollutant concentrations.
General Plan Implementation Program 7.17.
a. New development shall be required to demonstrate adherence with ap plicable YSAQMD-recommended health risk thresholds involving sensitive receptors, uses that involve substantial truck trips, and large gas stations, as defined by the applicable regulations. “Substantial truck trips” is defined as more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units per day, or transport refrigeration unit operations that exceed 300 hours per week. A “large gas station” is one that would be anticipated to accommodate a throughput of 3.6 million gallons per year or greater.
b. Proposed uses that include sensitive receptors may demonstrate compliance with this implementation program by providing a minimum 1,000-foot buffer from existing uses that involve substantial truck trips and a minimum 50 -foot buffer from existing large gas stations.
c. Proposed uses that involve substantial truck trips may demonstrate compliance with this implementation program by providing a minimum 1,000-foot buffer from properties where the City’s land use designation would allow sensitive receptors.
Woodland Municipal Code Section
17.92.060(B)
Woodland Interim Zoning
Ordinance 2020, Article 3,
Section 3.11.B.5 and 3.11.B.7.d
Yolo-Solano Air Quality
Management District adopted
Rules and Regulations
California Code of Regulations
Sections 2449(2)(B) and 2485
Idling Restrictions
Conditions of Approval required
for General Plan Policy 7.F.3, and
Implementation Programs 7.17 and
7.19; see Table A-2.
AECOM Annexations Initial Study
Appendix A A-6 City of Woodland
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
d. Proposed large gas stations may demonstrate compliance with this implementation program by providing a minimum 300-foot buffer, while typical gas dispensing facilities would provide a minimum 50-foot buffer from existing sensitive receptors and from properties where the City’s land use designation would allow sensitive receptors.
e. Avoid siting new sensitive receptors within 500 feet of the edge of the closest travel lane of a freeway, urban roads with 100,000 vehicles per day, or rural roads with 50,000 vehicles per day.
f. Avoid siting new sensitive land uses within 300 feet of any existing dry cleaning operation.
g. As an alternative to these buffer distances, proposed sensitive receptors, uses that involve substantial truck trips, and large gas stations may provide a site- specific health risk assessment, using methods consistent with applicable guidance from the Office of Environmental Health Hazard Assessment, with mitigation, if necessary, to demonstrate compliance with applicable YSAQMD- recommended health risk thresholds. When health risk impacts exceed YSAQMD-recommended thresholds, feasible on-site mitigation measures to reduce TAC exposure shall be implemented to mitigate health risk impacts below YSAQMD thresholds. On-site measures could include, but are not limited to providing enhanced filtration systems (e.g., Minimum Efficiency Reporting Value 13 or greater) for near-by sensitive receptor buildings, changes to the TAC emission source’s operation, and positioning of exhaust and intake for ventilation systems to minimize exposure among others.
General Plan Implementation Program 7.19.
a. New development that would require the use of diesel-fueled construction equipment within 300 feet of an existing sensitive receptor use an equipment mix, incorporate buffering, schedule construction activities, or use other strategies to reduce potential health risk consistent with guidance from the Yolo-Solano Air Quality Management District.
b. Alternatively, a project applicant may prepare a site-specific estimate of diesel PM emissions associated with total construction activities and evaluate for health risk impact on existing sensitive receptors in order to demonstrate that applicable YSAQMD-recommended thresholds for toxic air contaminants would not be exceeded or that applicable thresholds would not be exceeded with the application of alternative mitigation techniques approved by the City. d) Result in other emissions
(such as those leading to
None required.
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odors) adversely affecting a
substantial number of
people?
Biological
Resources
a) Have a substantial adverse
effect, either directly or
through habitat
modifications, on any
species identified as a
candidate, sensitive, or
special-status species in
local or regional plans,
policies, or regulations, or
by the California
Department of Fish and
Game or the U.S. Fish and
Wildlife Service?
General Plan Policy 7.B.11 Sensitive Site Planning. Site new development to maximize the protection of native tree species and sensitive special-status plant and wildlife habitats.
General Plan Implementation Program 7.4
a. The City will require biological inventory surveys for new developments that could affect special-status species or sensitive habitat in areas designated for development under the General Plan.
b. The City will work with project applicants to identify opportunities to preserve special-status species occurrences and sensitive habitats through design and planning. […T]he City shall implement the applicable requirements of the HCP/NCCP as relevant to any specific land use project. [The details of Implementation Program 7.4 have been revised from as written in the City’s 2035 General Plan to reflect the fact that the HCP/NCCP has been adopted and Incidental Take Permits have been issued. General Plan Implementation Program 7.4 is now achieved through compliance with the HCP/NCCP through the City of Woodland’s Municipal Code Chapter 15.32, as applicable to discretionary projects.]
Based upon the initial biological reconnaissance surveys completed of the annexation areas, the following Avoidance and Minimization Measures of the HCP/NCCP would be applicable to portions of the annexation areas, as detailed in the Biological Survey Memorandum (AECOM 2021a):
Yolo County HCP/NCCP Avoidance and Minimization Measure 16. In accordance with AMM 16 of the Yolo HCP/NCCP:
a. In accordance with AMM 16 of the Yolo HCP/NCCP, the City will require project proponent/s to retain a qualified biologist to conduct species-specific surveys and identify any nesting habitat present within 1,320 feet of the footprint of a proposed project prior to any ground disturbing activities necessary to implement proposed development and infrastructure projects.
Adjacent parcels under different land ownership will be surveyed only if access is granted or if the parcels are visible from authorized areas. b. If a construction project cannot avoid potential nest trees (as determined by the qualified biologist) by 1,320 feet, the City will require project proponent/s to retain a qualified biologist to conduct preconstruction surveys for active nests consistent with guidelines provided by the Swainson’s Hawk Technical City of Woodland Tree Ordinance
(Woodland Municipal Code
Chapter 12.48)
Migratory Bird Treaty Act, 16
U.S.C. Section 703, et. Seq
Protection of Bird Nests and
Raptors, California Fish and Game
Code, Section 3503
City of Woodland Municipal Code
Chapter 15.32 - This code applies
only to discretionary projects; by-
right projects within the
Annexation Areas would be
required to comply with the
requirements of this code as a
Conditional of Approval, as
included in Table A-2.
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Advisory Committee (2000), between March 1 and August 30, within 15 days prior to the beginning of the construction activity. The results of the survey will be submitted to the Yolo Habitat Conservancy and CDFW. If active nests are found during preconstruction surveys, a 1,320-foot initial temporary nest disturbance buffer shall be established. If project-related activities within the temporary nest disturbance buffer are determined to be necessary during the nesting season, then the qualified biologist will monitor the nest and will, along with the City, consult with CDFW to determine the best course of action necessary to avoid nest abandonment or take of individuals. Work may be allowed only to proceed within the temporary nest disturbance buffer if Swainson’s hawk or white-tailed kite are not exhibiting agitated behavior, such as defensive flights at intruders, getting up from a brooding position, or flying off the nest, and only with the agreement of CDFW. The designated on-site biologist/monitor shall be on-site daily while construction-related activities are taking place within the 1,320-foot buffer and shall have the authority to stop work if raptors are exhibiting agitated behavior. Up to 20 Swainson’s hawk nest trees (documented nesting within the last 5 years) may be removed during the permit term, but they must be removed when not occupied by Swainson’s hawks.
c. For covered activities that involve pruning or removal of a potential Swainson’s hawk or white-tailed kite nest tree, the City will require project proponent/s to conduct preconstruction surveys that are consistent with the guidelines provided by the Swainson’s Hawk Technical Advisory Committee (2000). If active nests are found during preconstruction surveys, no tree pruning or removal of the nest tree will occur during the period between March 1 and August 30 within 1,320 feet of an active nest, unless a qualified biologist determines that the young have fledged and the nest is no longer active. d. Before any ground-disturbing activities, the City will require project proponent/s to identify and quantify (in acres) Swainson’s hawk habitat (as defined in the Yolo County HCP/NCCP Appendix A, Covered Species Accounts [Yolo HCP/NCCP 2018]) in and within 1,320 feet of a project footprint. The City will require project proponent/s to submit the Yolo HCP/NCCP Application Form for non-member agency projects and Member Agency Reporting Form for member agency projects, as applicable, and will pay applicable fees to the Yolo Habitat Conservancy as specified in the appropriate form.
Yolo County HCP/NCCP Avoidance and Minimization Measure 18. In accordance with AMM 18 of the Yolo HCP/NCCP:
Suitable habitat for the western burrowing owl is present within the proposed
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annexation areas. In accordance with AMM 18 of the Yolo HCP/NCCP, the City will require project proponent/s to retain a qualified biologist to conduct species-specific surveys and within 30-days but no less than 14 days prior to any ground disturbing activities necessary to implement proposed development and infrastructure projects, consistent with Appendix L of the Yolo HCP/NCCP, which follows CDFW guidelines.
If burrowing owls are identified during the species-specific pre-project survey, the City will require project proponent/s to minimize activities that will affect occupied habitat, as follows. Occupied habitat is considered fully avoided if the project footprint does not impinge on a non-disturbance buffer around the suitable burrow. For occupied burrowing owl nest burrows, this non - disturbance buffer could range from 150 to 1,500 feet (Table 4-2 of the Yolo HCP/NCCP, Recommended Restricted Activity Dates and Setback Distances by Level of Disturbance for Burrowing Owls), depending on the time of year and the level of disturbance, based on current guidelines.
Compliance Measure Bio 1: Avoid Direct Loss of Protected Bird Nests. While not required as mitigation for a significant impact under California Environmental Quality Act (CEQA), the following would be required for compliance with the MBTA and California Fish and Game Code:
• To the extent feasible, the City will require that construction activities be carried out during the nonbreeding season (between September 1 and January 31) for protected bird species in this region to avoid and minimize impacts to common migratory nesting birds.
• For any ground disturbance activity necessary to implement proposed development and infrastructure projects that would occur during the nesting season (between February 1 and August 31), the City will require the project applicant to conduct a preconstruction survey. The preconstruction survey shall be conducted by a qualified biologist before any activity occurring wi thin 500 feet of suitable nesting habitat for any protected bird species. The survey shall be timed to maximize the potential to detect nesting birds, and should be repeated within 10 days of the start of project-related activity. • If an active common bird species protected by the MBTA or California Fish and Game Code nest is found, the qualified biologist shall establish a buffer around the nest. No project activity shall commence within the buffer area until a qualified biologist confirms that the nest is no longer active. The size of the buffer shall be determined in consultation with CDFW. Buffer size is anticipated to range from 50 to 500 feet, depending on the nature of the project activity, the extent of existing disturbance in the area, and other rele vant
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circumstances as determined by a qualified biologist in consultation with CDFW.
• Monitoring of all protected nests by a qualified biologist during construction activities will be required if the activity has potential to adversely affect the nest. If construction activities cause the nesting bird to vocalize, make defensive flights at intruders, get up from a brooding position, or fly off the nest, then the no-disturbance buffer shall be increased until the agitated behavior ceases. The exclusionary buffer will remain in place until the chicks have fledged or as otherwise determined by a qualified biologist.
Biological
Resources
b) Have a substantial adverse
effect on any riparian
habitat or other sensitive
natural community
identified in local or
regional plans, policies, or
regulations or by the
California Department of
Fish and Game or the U.S.
Fish and Wildlife Service?
General Plan Policy 7.B.8 Native and Compatible Non-Native Plant Species.
Require developers to use native and compatible non-native species, especially drought-resistant species, to the extent possible in order to preserve the visual integrity of the landscape, provide benefits for native wildlife, and ensure that a variety of plants suited to the region are maintained.
General Plan Policy 7.B.11 Sensitive Site Planning. Site new development to maximize the protection of native tree species and sensitive special-status plant and wildlife habitats.
Implementation Program 7.6. If the project would result in fill or alteration of a waterway or any body of water supporting riparian forest habitat, the City will require project proponent/s to notify the California Department of Fish and Wildlife, obtain a Lake and Streambed Alteration Agreement if determined necessary by the California Department of Fish and Wildlife, and comply with all conditions of the Lake and Streambed Alteration Agreement.
General Plan Implementation Program 7.4. (See Biological Resource impact area a) above)
City of Woodland Tree Ordinance
(Woodland Municipal Code
Chapter 12.48)
City of Woodland Community
Design Standards, Landscaping
California Fish and Game Code
Section 1602
City of Woodland Municipal Code
Chapter 15.32 - This code applies
only to discretionary projects; by-
right projects within the
Annexation Areas would be
required to comply with the
requirements of this code as a
Conditional of Approval, as
included in Table A-2.
Biological
Resources
c) Have a substantial adverse
effect on state or federally
protected wetlands
(including, but not limited
to, marsh, vernal pool,
coastal, etc.) through direct
removal, filling,
hydrological interruption, or
General Plan Policy 7.B.11 Sensitive Site Planning. Site new development to maximize the protection of native tree species and sensitive special-status plant and wildlife habitats.
General Plan Implementation Program 7.4. (See Biological Resources impact area a) above).
General Plan Implementation Program 7.5. If the project would result in ground disturbance on sites containing waterways or other aquatic habitats, the City will require project proponent/s to complete a delineation of waters of the United S tates City of Woodland Municipal Code
Chapter 12.48, Tree Ordinance
City of Woodland Community
Design Standards, Landscaping
Clean Water Act, Section 401 and
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other means? according to U.S. Army Corps of Engineers’ methods, and to submit the completed delineation to the U.S. Army Corps of Engineers for jurisdictional determination. If the project would result in fill of wetlands or other waters of the United States, the City will require project proponent/s to obtain a Section 404 Clean Water Act permit from the U.S. Army Corps of Engineers and water quality certification from the Regional Water Quality Control Board pursuant to Section 401 of the Clean Water Act. If the project involves work in areas containing waters disclaimed by the USACE, project applicants shall obtain a Waste Discharge Requirement permit from the Regional Water Quality Control Board pursuant to the Porter Cologne Act. Project applicants shall be required to obtain all needed permits prior to project implementation, to abide by the conditions of the permits, including all mitigation requirements, and to implement all requirements of the permits in the timeframes required therein.
Compliance Measure Bio 2: Avoid Loss of and Degradation of Federally Protected Waters.
• If a proposed project would result in ground disturbance on the agricultural or roadside ditches, the City will require project proponent/s to conduct a delineation of waters of the United States according to USACE’ methods, and to submit the completed delineation to the USACE for jurisdictional determination.
• If implementation of a proposed project would result in fill of waters of the United States, the City will require that project proponent/s obtain a Section 404 Clean Water Act permit from the USACE and water quality certification from the Regional Water Quality Control Board pursuant to Section 401 of the Clean Water Act.
• If implementation of a proposed project involves work in areas containing waters disclaimed by the USACE, the City will require that the applicant obtain a Waste Discharge Requirement permit from the Regional Water Quality Control Board pursuant to the Porter Cologne Act.
• The City will require that the applicant obtain all needed permits prior to project implementation, to abide by the conditions of the permits, including all mitigation requirements, and to implement all requirements of the permits in the timeframes required therein.
Section 404
City of Woodland Municipal Code
Chapter 15.32 - This code applies
only to discretionary projects; by-
right projects within the
Annexation Areas would be
required to comply with the
requirements of this code as a
Conditional of Approval, as
included in Table A-2.
To ensure appropriate review of
potential impacts to wetlands and
other waters of the United States,
Conditions of Approval required
for General Plan Implementation
Program 7.5 and Compliance
Measures Bio 2; see Table A-2.
Biological
Resources
d) Interfere substantially with
the movement of any native
resident or migratory fish or
wildlife species or with
None required.
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established native resident
or migratory wildlife
corridors, or impede the use
of native wildlife nursery
sites?
Biological
Resources
e) Conflict with any local
policies or ordinances
protecting biological
resources, such as a tree
preservation policy or
ordinance?
None required. City of Woodland Municipal Code
Chapter 12.48, Tree Ordinance
Biological
Resources
f) Conflict with the provisions
of an adopted Habitat
Conservation Plan, Natural
Community Conservation
Plan, or other approved
local, regional, or state
habitat conservation plan?
See impact questions Biological Resources a) and b) above.
Cultural
Resources
a) Cause a substantial adverse
change in the significance of a
historical resource pursuant to
Section 15064.5?
General Plan Policy 7.E.2. Discovery of Resources. If cultural, archaeological, or paleontological resources are discovered during construction, ensure their evaluation and protection, as appropriate, in accordance with applicable Federal and State laws and regulations.
General Plan Implementation Program 7.13.
a. During ground-disturbing activities necessary to implement proposed development and infrastructure projects, if any prehistoric or historic subsurface resources are discovered, all work within 100 feet of the resources shall be halted and a qualified archaeologist1 shall be consulted within 24 hours to assess the significance of the find, according to CEQA Guidelines Section 15064.5, and implement, as applicable, CEQA Guidelines Sections 15064.5(d), (e), and (f).
California Public Resources Code
5097
Archaeological Resources
Protection Act (16 U.S. Code
470aa-470mm)
National Historic Preservation Act
(54 U.S. Code Section 300101 et
seq.)
Conditions of Approval required
1 The California Office of Historic preservation utilizes the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation as found in Code of Federal Regulations, 36 CFR Part 61. The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus: 1. At least one year of full-time professional experience or equivalent specialized training in archeological research, administration or management; 2. At least four months of supervised field and analytic experience in general North American archeology; and 3. Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period.
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b. If any find is determined to be a historical resource according to CEQA Guidelines Section 15064.5, representatives from the City and the archaeologist will meet to determine the appropriate avoidance measures or other appropriate mitigation. Cultural resources shall be recorded on appropriate Department of Parks and Recreation forms, and all significant cultural materials recovered shall be, as necessary and at the discretion of the qualified archaeologist and in consultation with the local Native American community if the discovery is prehistoric in age, subject to scientific analysis, professional curation, and documentation according to professional standards. If it is determined that the proposed development or infrastructure project could damage a historical resource or a unique archaeological resource (as defined pursuant to the CEQA Guidelines), mitigation shall be implemented in accordance with Section 21083.2 of the California Public Resources Code and CEQA Guidelines Section 15126.4, with a preference for preservation in place. Work may proceed on other parts of the project site while mitigation for historical resources or unique archaeological resources is being carried out. Preservation in place may be accomplished by planning construction to avoid the resource; incorporating the resource within open space; capping and covering the resource; or deeding the site into a permanent conservation easement. c. If avoidance is not feasible, the qualified archaeologist shall develop and oversee the execution of a treatment plan. The treatment plan shall include, but shall not be limited to, data recovery procedures based on location and type of archaeological resources discovered and a preparation and submittal of report of findings to the Northwest Information Center of the California Historical Resources Information System. Data recovery shall be designed to recover the significant information the archaeological resource is expected to contain, based on the scientific/historical research questions that are applicable to the resource, what data classes the resource is expected to possess, and how the expected data classes would address the applicable resource questions. Data recovery, in general, should be limited to the portions of the historical property that could be adversely affected by project proponents’ actions. Destructive data recovery methods shall not be applied to portions of the archaeological resources if nondestructive methods are practical.
Compliance Measure Cultural 1: Cultural Resources Sensitivity Training Prior to ground-disturbing activities necessary to implement proposed development and infrastructure projects, contractors shall receive cultural resource sensitivity training to identify potential archaeological resources and that all work should cease within 150 feet of prehistoric cultural resources that may be discovered during project implementation.
for General Plan Implementation
Program 7.13 and Compliance
Measure Cultural 1; see Table A-2.
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Cultural
Resources
b) Cause a substantial adverse
change in the significance
of an archaeological
resource pursuant to Section
15064.5?
General Plan Policy 7.E.2. Discovery of Resources; see Cultural Resources checklist item a) above.
General Plan Implementation Program 7.13; see Cultural Resources checklist item a) above.
Compliance Measure Cultural 1; see Cultural Resources checklist item a) above.
Cultural
Resources
c) Disturb any human remains,
including those interred
outside of formal
cemeteries?
General Plan Implementation Program 7.14.
a. Consistent with Health and Safety Code, Section 7050 through 7052 and Health and Safety Code Section 8010 through 8030, in the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery during construction, the City and contractor/s shall take the following steps:
(1) No further excavation or disturbance of the project site or any nearby area reasonably suspected to overlie adjacent human remains will occur until:
(A) the coroner of Yolo County has been contacted to determine that no investigation of the cause of death is required, and
(B) if the coroner determines the remains to be Native American:
1. the coroner shall contact the Native American Heritage Commission within 24 hours;
2. the Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendant from the deceased Native American; and
3. the most likely descendant may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods, as provided in Section 5097.98 of the Public Resources Code; or
(2) Where the following conditions occur, the landowner or his or her authorized representative shall rebury the Native American remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance:
(A) the Native American Heritage Commission is unable to identify a most likely descendant or the most likely descendant fails to make a recommendation within 24 hours after being notified by the commission;
(B) the most likely descendant identified fails to make a recommendation; or California Health and Safety Code,
Section 7050 through 7052
California Native American Graves
Protection and Repatriation Act,
Health and Safety Code, Division
7, Part 2, Chapter 5 Section 8010
through 8030
National Historic Preservation Act
(36 CFR 60)
Procedures for the Protection of
Historic Properties (33 CFR 325
Appendix C)
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(C) the landowner or his or her authorized representative rejects the recommendation of the most likely descendant, and mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.
Energy a) Result in potentially
significant environmental
impact due to wasteful,
inefficient, or unnecessary
consumption of energy
resources, during project
construction or operation?
General Plan Policy 2.C.2. Consistency with the Climate Action Plan. Ensure that new development is consistent with the objectives and targets of the City’s Climate Action Plan.
General Plan Policy 3.E.4 Interconnected Network. Require new development to create complete pedestrian networks with linkages such as walkways, pase os, and shared-use paths that interconnect pedestrian facilities.
Policy 3.F.4 Bicycle Facilities. Require residential, commercial, and industrial developments to include bicycle lanes or pathways in accordance with the Bikeway Master Plan or Specific Plans when constructing new roadways or upgrading existing streets.
General Plan Policy 5.H.9 Reduce Demand. Reduce wastewater system demand through efficient water use by requiring water-conserving design and equipment in new construction; encouraging retrofitting with water-conserving devices; and designing, constructing, and repairing wastewater systems to minimize inflow and infiltration to the extent economically feasible.
City of Woodland Municipal Code
13.32 for Water Conservation
City of Woodland Municipal Code
Article 17.112 for Landscaping.
City of Woodland Interim Zoning
Code Section 3.06.E.7 through 10,
and 11 for connectivity, pedestrian
access, outdoor spaces and shading
within Community Commercial
Zones.
City of Woodland Community
Design Standards
California Code of Regulations,
Title 24, Part 11 (CalGreen)
California Code of Regulations,
Title 20, Appliance Efficiency
Standards
California Code of Regulations,
Title 23. Waters, Divisions 2.
Department of Water Resources,
Chapter 2.7, Model Water Efficient
Landscape Ordinance
Energy b) Conflict with or obstruct a
state or local plan for
renewable energy or energy
General Plan Policy 2.C.2. Consistency with the Climate Action Plan. Ensure that new development is consistent with the objectives and targets of the City’s Climate Action Plan.
See Energy impact topic a) above.
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efficiency?
Geology, Soils,
Minerals
Resources, and
Paleontological
Resources
a) Directly or indirectly cause
potential substantial adverse
effects, including the risk of
loss, injury, or death
involving:
i) Rupture of a known
earthquake fault, as
delineated on the most
recent Alquist-Priolo
Earthquake Fault
Zoning Map issued by
the State Geologist for
the area or based on
other substantial
evidence of a known
fault? (Refer to
California Geological
Survey Special
Publication 42.)
ii) Strong seismic ground
shaking?
iii) Seismic-related ground
failure, including
liquefaction?
iv) Landslides?
General Plan Policy 8.A.1. Minimize Seismic Risk. Continue to maintain and enforce appropriate standards to ensure new development is designed to meet current safety standards associated with seismic activity. Require public and private development to be located, designed, and constructed to minimize the risk of loss of life and injury in the event of a major earthquake or other natural disaster.
General Plan Policy 8.A.2. Geologic-Seismic Analysis. Require the preparation of a soils engineering and geologic-seismic analysis prior to permitting development in areas prone to geological or seismic hazards (i.e., groundshaking, liquefaction, expansive soils).
City of Woodland Municipal Codes
Chapter 15.04 Building Codes
Earthquake Hazards Reduction Act,
Public Law 95-124
California Health and Safety Code
Section 19100 et seq. (Earthquake
Protection Law)
California Code of Regulations
Title 5, Division, Chapter 14,
Sections 14001–14036
Geology, Soils,
Minerals
Resources, and
Paleontological
Resources
b) Result in substantial soil
erosion or the loss of
topsoil?
General Plan Policy 5.I.3. Overland Flow Requirements in New Development.
Require development to provide for the overland flow of stormwater meeting or exceeding the City's standard design capacity of the storm drainage system.
Overland flow waters should be conveyed over public streets where possible and should be at least one foot below building pad elevations and contain provisions for removal of silt and other contaminants.
General Plan Policy 5.I.4. Low Impact Development. Require new development and redevelopment projects to incorporate site design and low impact development runoff requirements, in accordance with the Municipal Code. Such features may include, but are not limited to:
• Canopy trees or shrubs to absorb rainwater;
City of Woodland Municipal Code
Chapter 8.08 Urban Stormwater
Quality Management and
Discharge Control
City of Woodland Post
Construction Standards Plan (Low
Impact Development &
Hydromodification) for compliance
with the City’s Phase II MS4
permit with the State Water
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Regulations
• Grading that lengthens flow paths over permeable surfaces and increases runoff travel time to reduce the peak hour flow rate;
• Partially removing curbs and gutters from parking areas where appropriate to allow stormwater sheet flow into vegetated areas;
• Use of permeable paving in parking lots and other areas characterized by significant impervious surfaces;
• On-site stormwater detention, use of bioswales and bioretention basins to facilitate infiltration; and
• Integrated or subsurface water retention facilities to capture rainwater for use in landscape irrigation and other non-potable uses.
General Plan Policy 5.I.5. Prohibiting Grading Activities in Rainy Season.
Prohibit grading activities during the rainy season, unless adequately mitigated, to avoid sedimentation of storm drainage facilities.
Resources Control Board
California State Water Resources
Control Board General Permit for
Storm Water Discharges
Associated with Construction and
Land Disturbance Activities (Order
2009-0009-DWQ, as amended)
Stormwater Best Management
Practices for Construction
Handbook, California Stormwater
Quality Association
Geology, Soils,
Minerals
Resources, and
Paleontological
Resources
c) Be located on a geologic
unit or soil that is unstable,
or that would become
unstable as a result of the
project, and potentially
result in on- or off-site
landslide, lateral spreading,
subsidence, liquefaction, or
collapse?
None required.
Geology, Soils,
Minerals
Resources, and
Paleontological
Resources
d) Be located on expansive
soil, as defined in Table 18-
1-B of the Uniform
Building Code (1994, as
updated), creating direct or
indirect substantial risks to
life or property?
General Plan Policy 8.A.3. Expansive Soils. Evaluate and avoid siting of structures across soil materials of substantially different expansive properties.
Require appropriate design specification including special slabs where foundations are in areas of expansive soils.
Condition of Approval required for
General Plan Policy 8.A.3; see
Table A-2.
Geology, Soils,
Minerals
Resources, and
Paleontological
Resources
e) Have soils incapable of
adequately supporting the
use of septic tanks or
alternative waste water
disposal systems where
sewers are not available for
General Plan Policy 5.H.6. Connection to Sewer System. Require all sewage generators within its service area to connect to the City’s system, except those areas where the City has determined a connection to the City’s sewage collection system would be infeasible.
General Plan Implementation Program 5. 14. Where soils are proposed for use as leach fields associated with wastewater treatment, the City shall require a site- City of Woodland Municipal Code
Chapter 13.12 Sewer and Storm
Drainage Services, Section
13.12.020
City of Woodland Municipal Code
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the disposal of waste water? specific evaluation by a licensed geotechnical engineer regarding the soil suitability, including a perc test, as appropriate. All septic systems or other forms of on-site wastewater treatment and disposal facilities shall be designed by a licensed geotechnical or civil engineer. On-site wastewater treatment systems shall be designed to meet the following parameters:
• provide available effective absorptive area in both primary and reserve disposal fields;
• provide appropriate separation between the disposal field bottom and groundwater or a restrictive soil layer;
• factor the ground slope in both the primary and reserve disposal field areas; • factor the influent wastewater strength and quantity in wastewater system design;
• accommodate requirements for setbacks from wells, surface waters, and property boundaries; and
• provide treatment of wastewater such that it does not adversely affect water quality or endanger public health.
Chapter 13.12 Sewer and Storm
Drainage Services, Section
13.12.030
Geology, Soils,
Minerals
Resources, and
Paleontological
Resources
f) Directly or indirectly destroy
a unique paleontological
resource or site or unique
geologic feature?
General Plan Policy 7.E.2. Discovery of Resources. If cultural, archaeological, or paleontological resources are discovered during construction, ensure their evaluation and protection, as appropriate, in accordance with applicable Federal and State laws and regulations.
General Plan Implementation Program 7.15.
• Prior to the start of earthmoving activities that would disturb 1 acre of land or more within the Riverbank or Modesto Formations, the project applicant shall inform all construction personnel involved with earthmoving activities regarding the possibility of encountering fossils, the appearance and types of fossils likely to be seen during construction, and proper notification procedures should fossils be encountered.
• If paleontological resources are discovered during earthmoving activities, the construction crew shall immediately cease work in the vicinity of the find and notify the City of Woodland Community Development Department. • The project applicant shall retain a qualified paleontologist to evaluate the resource and prepare a recovery plan. The recovery plan may include, but is not limited to, a field survey, construction monitoring, sampling and data recovery procedures, museum curation for any specimen recovered, and a report of findings. Recommendations in the recovery plan that are determined by the City to be necessary and feasible shall be implemented before construction activities Conditions of Approval required
for General Plan Implementation
Program 7.15; see Table A-2.
Annexations Initial Study AECOM
City of Woodland A-19 Appendix A
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
can resume at the site where the paleontological resources were discovered.
Greenhouse
Gas Emissions
a, b) Generate greenhouse gas
emissions, either directly or
indirectly, that may have a
significant impact on the
environment or conflict
with an Applicable Plan,
Policy, or Regulation
Adopted for the Purposes of
Reducing Emissions of
Greenhouse Gas Emissions?
General Plan Policy 2.C.2. Consistency with the Climate Action Plan. Ensure that new development is consistent with the objectives and targets of the City’s Climate Action Plan.
City of Woodland Municipal Code
Article 17.112 for Landscaping.
California Code of Regulations,
Title 24, Part 11 (CalGreen)
California Code of Regulations,
Title 20, Appliance Efficiency
Standards
California Code of Regulations,
Title 23. Waters, Divisions 2.
Department of Water Resources,
Chapter 2.7 Model Water Efficient
Landscape Ordinance
Condition of Approval required for
implementation of General Plan
Policy 2.C.2; see Table A-2.
Hazards and
Hazardous
Materials
a) Create a significant hazard
to the public or the
environment through the
routine transport, use, or
disposal of hazardous
materials?
General Plan Policy 8.E.2. Disposal and Storage Plan. Requires that new development for industries that will generate hazardous wastes or utilize hazardous materials include a detailed plan for hazardous waste reduction, recycling, and storage.
General Plan Policy 8.E.3. Buffer Zone. Requires that new development for industries store and process hazardous materials provide a buffer zone between the installation and the property boundaries sufficient to protect public safety.
City of Woodland Municipal Code,
Chapter 8.20, Section 8.20.010
City of Woodland Building
Division Hazardous Materials
Survey
Compliance with the Yolo County
Environmental Health Division
Unified Program regulatory
standards
Hazards and
Hazardous
b) Create a significant hazard
to the public or the
General Plan Policy 8.E.2. Disposal and Storage Plan. Requires that new development for industries that will generate hazardous wastes or utilize hazardous City of Woodland Municipal Code,
Chapter 8.20, Section 8.20.010
AECOM Annexations Initial Study
Appendix A A-20 City of Woodland
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
Materials environment through
reasonably foreseeable
upset and/or accident
conditions involving the
release of hazardous
materials into the
environment?
materials include a detailed plan for hazardous waste reduction, recycling, and storage.
General Plan Policy 8.E.3. Buffer Zone. Requires that new development for industries store and process hazardous materials provide a buffer zone between the installation and the property boundaries sufficient to protect public safety.
City of Woodland Building
Division Hazardous Materials
Survey
Compliance with the Yolo County
Environmental Health Division
Unified Program regulatory
standards
Hazards and
Hazardous
Materials
c) Emit hazardous emissions or
handle hazardous or acutely
hazardous materials,
substances, or waste within
one-quarter mile of an
existing or proposed
school?
None required.
Hazards and
Hazardous
Materials
d) Be located on a site which is
included on a list of
hazardous materials sites
compiled pursuant to
Government Code §65962.5
and, as a result, would it
create a significant hazard
to the public or the
environment?
None required.
Hazards and
Hazardous
Materials
e) For a project located within
an airport land use plan or,
where such a plan has not
been adopted, within two
miles of a public airport or
public use airport, would
the project result in a safety
hazard or excessive noise
for people residing or
None required.
Annexations Initial Study AECOM
City of Woodland A-21 Appendix A
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
working in the project area?
Hazards and
Hazardous
Materials
f) Impair implementation of or
physically interfere with an
adopted emergency
response plan or emergency
evacuation plan?
None required.
Hazards and
Hazardous
Materials
g) Expose people or structures,
either directly or indirectly,
to a significant risk of loss,
injury, or death involving
wildland fires?
None required.
Hydrology and
Water Quality
a) Violate any water quality
standards or waste
discharge requirements or
otherwise substantially
degrade surface or ground
water quality?
General Plan Policy 5.1.3. Overland Flow Requirements in New Development.
Require development to provide for the overland flow of stormwater meeting or exceeding the City’s standard design capacity of the storm drainage system.
Overland flow waters should be conveyed over public streets where possible and should be at least one foot below building pad elevations and contain provisions for removal of silt and other contaminants.
General Plan Policy 5.1.4. Low Impact Development. Require new development and redevelopment projects to incorporate site design and low impact development runoff requirements, in accordance with the Municipal Code to reduce runoff rates, filter out pollutants, and facilitate groundwater infiltration. Such features may include, but are not limited to:
• Canopy trees or shrubs to absorb rainwater;
• Grading that lengthens flow paths over permeable surfaces and increases runoff travel time to reduce the peak hour flow rate;
• Partially removing curbs and gutters from parking areas where appropriate to allow stormwater sheet flow into vegetated areas;
• Use of permeable paving in parking lots and other areas characterized by significant impervious surfaces;
• On-site stormwater detention, use of bioswales and bioretention basins to facilitate infiltration;
• Integrated or subsurface water retention facilities to capture rainwater for use in landscape irrigation and other non-potable uses; and
• Innovative engineering practices that allow for compact, connected, and walkable urban design.
City of Woodland Municipal Code,
Chapter 8.08 Urban Stormwater
Quality Management and
Discharge Control
City of Woodland Post
Construction Standards Plan
SWRCB’s General Permit for
Storm Water Discharges
Associated with Construction and
Land Disturbance Activities
(Construction General Permit)
(Order 2009-009-DWQ as
amended by Order No. 2012-0006-
DWQ)
Stormwater Best Management
Practices for Construction
Handbook, California Stormwater
Quality Association
AECOM Annexations Initial Study
Appendix A A-22 City of Woodland
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
General Plan Policy 5.I.5 Prohibiting Grading Activities in Rainy Season.
Prohibit grading activities during the rainy season, unless adequately mitigated, to avoid sedimentation of storm drainage facilities.
Policy 7.A.4 Best Management Practices. Continue to require the use of feasible and practical best management practices (BMPs) and promote Low Impact Development to protect receiving waters from the adverse effects of construction activities and urban and agricultural runoff.
Hydrology and
Water Quality
b) Substantially decrease
groundwater supplies or
interfere substantially with
groundwater recharge such
that there the project may
impede sustainable
groundwater management
of the basin?
General Plan Policy 5.1.4. Low Impact Development. Require new development and redevelopment projects to incorporate site design and low impact development runoff requirements, in accordance with the Municipal Code to reduce runoff rates, filter out pollutants, and facilitate groundwater infiltration. Such features may include, but are not limited to:
• Canopy trees or shrubs to absorb rainwater;
• Grading that lengthens flow paths over permeable surfaces and increases runoff travel time to reduce the peak hour flow rate;
• Partially removing curbs and gutters from parking areas where appropriate to allow stormwater sheet flow into vegetated areas;
• Use of permeable paving in parking lots and other areas characterized by significant impervious surfaces;
• On-site stormwater detention, use of bioswales and bioretention basins to facilitate infiltration;
• Integrated or subsurface water retention facilities to capture rainwater for use in landscape irrigation and other non-potable uses; and
• Innovative engineering practices that allow for compact, connected, and walkable urban design.
City of Woodland Municipal Code,
Chapter 8.08 Urban Stormwater
Quality Management and
Discharge Control
City of Woodland Post
Construction Standards Plan
SWRCB’s General Permit for
Storm Water Discharges
Associated with Construction and
Land Disturbance Activities
(Construction General Permit)
(Order 2009-009-DWQ as
amended by Order No. 2012-0006-
DWQ)
Stormwater Best Management
Practices for Construction
Handbook, California Stormwater
Quality Association
Hydrology and
Water Quality
c) Substantially alter the
existing drainage pattern of
the site or area, including
through the alteration of the
course of a stream or river
or through the addition of
impervious surfaces, in a
manner which would:
General Plan Policy 5.1.3. Overland Flow Requirements in New Development.
Require development to provide for the overland flow of stormwater meeting or exceeding the City’s standard design capacity of the storm drainage system.
Overland flow waters should be conveyed over public streets where possible and should be at least one foot below building pad elevations and contain provisions for removal of silt and other contaminants.
General Plan Policy 5.1.4. Low Impact Development. Require new development and redevelopment projects to incorporate site design and low impact development City of Woodland Municipal Code,
Chapter 8.08 Urban Stormwater
Quality Management and
Discharge Control
City of Woodland Post
Construction Standards Plan
Annexations Initial Study AECOM
City of Woodland A-23 Appendix A
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
i) Result in substantial
erosion or siltation on-
or off-site;
ii, iii) Substantially increase
the rate or amount of
surface runoff in a
manner which would
result in flooding on- or
off-site; Create or
contribute runoff water
which would exceed the
capacity of existing or
planned stormwater
drainage systems or
provide substantial
additional sources of
polluted runoff;
iv) Impede or redirect flood
flows.
runoff requirements, in accordance with the Municipal Code to reduce runoff rates, filter out pollutants, and facilitate groundwater infiltration. Such features may include, but are not limited to:
• Canopy trees or shrubs to absorb rainwater;
• Grading that lengthens flow paths over permeable surfaces and increases runoff travel time to reduce the peak hour flow rate;
• Partially removing curbs and gutters from parking areas where appropriate to allow stormwater sheet flow into vegetated areas;
• Use of permeable paving in parking lots and other areas characterized by significant impervious surfaces;
• On-site stormwater detention, use of bioswales and bioretention basins to facilitate infiltration;
• Integrated or subsurface water retention facilities to capture rainwater for use in landscape irrigation and other non-potable uses; and
• Innovative engineering practices that allow for compact, connected, and walkable urban design.
General Plan Policy 5.I.5 Prohibiting Grading Activities in Rainy Season.
Prohibit grading activities during the rainy season, unless adequately mitigated, to avoid sedimentation of storm drainage facilities.
General Plan Policy 7.A.4 Best Management Practices. Continue to require the use of feasible and practical best management practices (BMPs) and promote Low Impact Development to protect receiving waters from the adverse effects of construction activities and urban and agricultural runoff.
General Plan Policy 8.B.2. Flood Hazard Evaluation. Require evaluation of potential flood hazards prior to approval of development projects. Require proponents of new development to submit accurate topographic and flow characteristics information. This will include depiction of the 200-year floodplain boundaries under fully developed, pre- and post-project runoff conditions.
General Plan Policy 8.B.3. New Development in Flood Hazard Zones. No subdivisions, development agreements, or permits that would place development within a flood hazard zone can be approved unless the City makes explicit findings that either existing flood management facilities provide an adequate level of protection from flooding, the City has conditioned the project to provide an adequate level of protection, or the local flood management agency has made adequate progress on the construction of a flood protection system that will provide adequate protection. [Further detailed requirements of review are City of Woodland Municipal Code,
Chapter 15.12.
City of Woodland Municipal Code,
Chapter 17.96
SWRCB’s General Permit for
Storm Water Discharges
Associated with Construction and
Land Disturbance Activities
(Construction General Permit)
(Order 2009-009-DWQ as
amended by Order No. 2012-0006-
DWQ)
Stormwater Best Management
Practices for Construction
Handbook, California Stormwater
Quality Association
AECOM Annexations Initial Study
Appendix A A-24 City of Woodland
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
provided on page SE-59 of the 2035 General Plan]
General Plan Policy 8.B.5. Protective Structures. Require installation of protective structures or other design measures to protect proposed building and development sites from the effects of flooding.
General Plan Policy 8.B.7. Adjacent Property. Require that new flood management projects or development within areas subject to flooding ensure that floodwaters will not be diverted into adjacent property to increase flood hazards on properties located elsewhere unless secured through a flood easement or fee title buyout.
General Plan Policy 8.B.11. Levee Inundation Area. Require new development in levee inundation areas to conduct an analysis of risk from levee failure.
Hydrology and
Water Quality
d) In flood hazard, tsunami, or
seiche zones, risk release of
pollutants due to project
inundation?
None required.
Hydrology and
Water Quality
e) Conflict with or obstruct
implementation of a water
quality control plan or
sustainable groundwater
management plan?
See Hydrology and Water Quality impact questions a) and b) above.
Land Use and
Planning
a) Physically divide an
established community?
None required.
Land Use and
Planning
b) Cause a significant
environmental impact due
to a conflict with any land
use plan, policy, or
regulation adopted for the
purpose of avoiding or
mitigating an environmental
effect?
None required.
Mineral
Resources
a) Result in the loss of
availability of a known
mineral resource that would
be of value to the region
and the residents of the
state?
None required.
Annexations Initial Study AECOM
City of Woodland A-25 Appendix A
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
Mineral
Resources
b) Result in the loss of
availability of a locally
important mineral resource
recovery site delineated on
a local general plan, specific
plan, or other land use plan?
None required.
Noise and
Vibration
a) Generation of a substantial
temporary or permanent
increase in ambient noise
levels in the vicinity of the
project in excess of
standards established in the
local general plan or noise
ordinance, or applicable
standards of other agencies?
General Plan Policy 8.G.3 Noise Exposure from Transportation Sources.
Require noise-reducing mitigation to meet allowable outdoor and indoor noise exposure standards in Table 8-7 [of the 2035 General Plan]. Noise mitigation measures that may be approved to achieve these noise level targets include but are not limited to the following:
• Construct facades with substantial weight and insulation; • Use sound-rated windows for primary sleeping and activity areas; • Use sound-rated doors for all exterior entries at primary sleeping and activity areas;
• Use minimum setbacks and exterior barriers;
• Use acoustic baffling of vents for chimneys, attic and gable ends; • Install a mechanical ventilation system that provides fresh air under closed window conditions; and
• Maximize site design so that buildings shelter outdoor areas.
General Plan Policy 8.G.5 New Noise-Sensitive Receptors. Prohibit development of new noise-sensitive receptors where the noise level due to non- transportation noise sources will exceed the noise level standards of Table 8 -6 [of the 2035 General Plan] as measured immediately within the property line of the new development, unless effective noise mitigation measures have been incorporated into the development design to achieve the standards. Create peaceful outdoor spaces where possible, but acknowledge that particular ambient outdoor thresholds may not always be achievable. Require noise mitigation to assure acceptable interior noise levels appropriate to the land use type:
• 45 dB Ldn for residential, transient lodgings, hospitals, nursing homes, and other uses where people normally sleep; and
• 45 dB Leq (peak hour) for office buildings and similar uses.
General Plan Policy 8.G.6 New Non-Transportation Noise Sources. Require that noise created by new non-transportation noise sources be mitigated so as not to exceed the noise level standards of Table 8-6 [of the 2035 General Plan] as measured immediately within the property line of lands designated for noise- City of Woodland Municipal Code,
Title 17 Zoning, Chapter 17.92
Industrial Zone, Section 17.92.060
Performance Standards
City of Woodland Construction
Noise Guidelines, Municipal Code,
Section 9.28.090 (Noise
Ordinance)
City of Woodland Interim Zoning
Ordinance 2020, Article 3, Section
3.11.B.7.g (Noise Standards)
City of Woodland Community
Design Standards, Site Planning for
Commercial Development
City of Woodland Municipal Code,
Section 9.52 (Right to Farm
Ordinance)
AECOM Annexations Initial Study
Appendix A A-26 City of Woodland
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
sensitive receptors.
General Plan Policy 8.G.7 Roadway Improvements. Where existing noise- sensitive receptors may be exposed to increased noise levels due to increased roadway capacity and increases in travel speeds associated with roadway improvements, apply the following criteria to determine the significance of increases in noise related to roadway improvement projects:
• Where existing traffic noise levels are less than 70 dB Ldn at the outdoor activity areas of noise-sensitive receptors, a +5 dB Ldn increase in noise levels due to a roadway improvement project, will be considered significant; and • Where existing traffic noise levels range between 70 and 75 dB Ldn at the outdoor activity areas of noise-sensitive receptors, a +3 dB Ldn increase in noise levels due to a roadway improvement project will be considered significant; and • Where existing traffic noise levels are greater than 75 dB L dn at the outdoor activity areas of noise-sensitive receptors, a +1.5 dB Ldn increase in noise levels due to a roadway improvement project will be considered significant.
General Plan Policy 8.G.8 Site and Building Design. Orient buildings such that the noise sensitive portions of a project are shielded from noise sources.
General Plan Policy 8.G.9 Existing Development. Promote the use of noise attenuation measures to improve the acoustic environment where existing noise sensitive uses are located in noise-impacted environments, such as along arterial streets or adjacent to noise-producing uses. For non-conforming uses, the burden of noise attenuation falls on the non-conforming use. For allowed uses, the burden falls on the newest use, subject to possible later reimbursement based on benefit received by later use. Allowed uses that are developed simultaneously will share the burden of noise attenuation.
General Plan Policy 8.G.10 Right-to-Farm Ordinance. Support the City and County’s right-to-farm ordinances, especially as they relate to noise emanating from agricultural operations adjacent to urban uses, by requiring notification of the potential impacts to adjacent property owners, purchasers, residents, and users.
General Plan Policy 8.G.11 Construction Noise. Consider construction noise to be an acceptable impact that is an expected byproduct of planned growth, so long as the land use is consistent with the General Plan, and noise levels are consistent with the General Plan and Construction Noise Ordinance.
General Plan Policy 8.G.13 Noise Attenuation Barriers. Noise attenuation barriers are strongly discouraged, expect to attenuate noise for existing developed uses, and may be used in the context of new development only when no other approach to noise mitigation is feasible.
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City of Woodland A-27 Appendix A
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
General Plan Policy 8.G.14 Vehicle Traffic. New developments shall disperse vehicular traffic onto a network of fully connected smaller roadways and minimize funneling of local traffic onto large-volume, high speed roadways near existing or planned noise-sensitive uses to the maximum extent feasible.
General Plan Policy 8.G.15 Operational Noise. In new development areas, service, utility, loading areas, roof-mounted equipment, and noise-generating equipment shall be screened, designed, and located to reduce visibility and noise for surrounding properties and pedestrian areas.
General Plan Implementation Program 8.13.
a. Demolition, construction, site preparation, and related activities that would generate noise perceptible at the property line of the subject property are limited to the hours between 7:00 A.M. and 6:00 P.M. on Monday through Saturday and between 9:00 A.M. and 6:00 P.M. on Sunday and federal holidays. The building inspector may issue an exception to this limitation on hours in cases of urgent necessity where the public health and safety will not be substantially impaired.
b. Idling times for noise-generating equipment used in demolition, construction, site preparation, and related activities shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes.
c. Demolition, construction, site preparation, and related activities that do not involve pile driving proposed within 445 feet from the edge of properties with existing, occupied noise-sensitive uses shall incorporate all feasible strategies to reduce noise exposure for noise-sensitive uses, including:
• Provide written notice to all known occupied noise-sensitive uses within 400 feet of the edge of the project site boundary at least 2 weeks prior to the start of each construction phase of the construction schedule; • Ensure that construction equipment is properly maintained and equipped with noise control components, such as mufflers, in accordance with manufacturers’ specifications;
• Re-route construction equipment away from adjacent noise-sensitive uses; • Locate noisy construction equipment away from surrounding noise-sensitive uses;
• Use sound aprons or temporary noise enclosures around noise-generating equipment;
• Position storage of waste materials, earth, and other supplies in a manner that will function as a noise barrier for surrounding noise-sensitive uses; • Use the quietest practical type of equipment;
AECOM Annexations Initial Study
Appendix A A-28 City of Woodland
Resource Topic
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Standards, Policies, and
Regulations
• Use electric powered equipment instead of diesel or gasoline engine powered equipment;
• Use shrouding or shielding and intake and exhaust silencers/mufflers; and • Other effective and feasible strategies to reduce construction noise exposure for surrounding noise-sensitive uses.
d. For construction of buildings that require the installation of piles, an alternative to installation of piles by hammering shall be used. This could include the use of augured holes for cast-in-place piles, installation through vibration or hydraulic insertion, or another low-noise technique.
Noise and
Vibration
b) Generation of excessive
groundborne vibration or
groundborne noise levels.
General Plan Implementation Program 8.12.
a. New development that proposes the use of piles for foundations shall include all feasible measures necessary with the goal to ensure that vibration exposure for adjacent buildings is less than 0.5 peak particle velocity and less than 80 VdB for adjacent vibration-sensitive uses and less than 0.2 peak particle velocity for adjacent historic buildings. These performance standards shall take into account the reduction in vibration exposure that would occur through coupling loss provided by each affected building structure. If it is determined necessary to avoid damage, the project applicant shall coordinate with the Chief Building Official to implement corrective actions, which may include, but is not limited to building protection or stabilization.
b. New developments that would generate substantial long-term vibration shall provide analysis and mitigation, as feasible, to achieve velocity levels, as experienced at habitable structures of vibration-sensitive land uses, of less than 80 vibration decibels.
General Plan Implementation Program 8.13; see Noise and Vibration checklist item a) above.
Condition of Approval required for
implementation of General Plan
Implementation Program 8.12; see
Table A-2.
Noise and
Vibration
c) For a project located within
the vicinity of a private
airstrip or an airport land
use plan or, where such a
plan has not been adopted,
within two miles of a public
airport or public use airport,
would the project expose
people residing or working
in the project area to
excessive noise levels?
None required.
Annexations Initial Study AECOM
City of Woodland A-29 Appendix A
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
Population and
Housing
a) Induce substantial unplanned
population growth in an
area, either directly (for
example, by proposing new
homes and businesses) or
indirectly (for example,
through extension of roads
or other infrastructure)?
None required.
Population and
Housing
b) Displace substantial
numbers of existing people
or housing, necessitating the
construction of replacement
housing elsewhere?
None required.
Public Services a) Result in substantial adverse
physical impacts associated
with the provision of new or
physically altered
governmental facilities, or
the need for new or
physically altered
governmental facilities, the
construction of which could
cause significant
environmental impacts, in
order to maintain acceptable
service ratios, response
times, or other performance
objectives for any of the
public services:
Fire Services?
Police Protection?
Schools?
Parks? Other Public
Facilities?
General Plan Policy 5.B.4. Development Project Requirements. Require development projects to develop and/or fund fire protection facilities, equipment, personnel, and operations and maintenance that maintain the City’s standards, as demonstrated through positive fiscal impacts or through specific funding mechanisms in the event of fiscal deficits.
City of Woodland Community Risk
Reduction Division Plan Submittal,
Review and Inspection
Recreation a) Would the project increase
the use of existing
neighborhood and regional
None required.
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Appendix A A-30 City of Woodland
Resource Topic
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Standards, Policies, and
Regulations
parks or other recreational
facilities such that
substantial physical
deterioration of the facility
would occur or be
accelerated?
b) Does the project include
recreational facilities or
require the construction or
expansion of recreational
facilities that might have an
adverse physical effect on
the environment?
None required.
Transportation a) Conflict with a program
plan, ordinance, or policy
addressing the circulation
system, including transit,
roadway, bicycle and
pedestrian facilities?
General Plan Policy 2.J.6. Multimodal Access. Require convenient, attractive, and safe pedestrian, bicycle, and transit connections both within commercial centers and between centers and surrounding neighborhoods and other destinations.
General Plan Policy 3.A.11. New Development. Require all new development to provide convenient bicycle and pedestrian environments and access through building orientation, site layout, traffic management, and connections to transit service and local commercial and community facilities. Development must provide appropriate pedestrian amenities such as street lighting, benches, arcades, canopies, shade trees, art, and seating areas.
City of Woodland Interim Zoning
Code Section 3.06.E.7, Connection
within Community Commercial
Zones
City of Woodland Engineering
Standards: Design Standards,
Standard Details and Construction
Specifications
City of Woodland Community
Design Standards
California Building Code, Title 24
Transportation b) Would the project conflict or
be inconsistent with CEQA
Guidelines section 15064.3,
subdivision (b)?
General Plan Policy 3.A.4. Reduce Vehicle Miles Traveled (VMT). Require new development projects to achieve a 10 percent reduction in VMT per capita or VMT per service population compared to the General Plan 2035 VMT performance, or a 10 percent reduction compared to baseline conditions for similar land use when measuring transportation impacts for subsequent projects and making General Plan consistency findings. reducing peak period VMT in particular is desirable due to the added benefit of minimizing severe congestion and reducing emissions. use of VMT reduction strategies such as those in the chart below [see General Plan page TC 3-22] (taken from quantifying Greenhouse Gas Condition of Approval required to
implement General Plan Policy
3.A.4; see Table A-2.
Annexations Initial Study AECOM
City of Woodland A-31 Appendix A
Resource Topic
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Standards, Policies, and
Regulations
Mitigation Measures, CAPCOA, 2010) or similar professional research documents is encouraged.
Transportation c) Substantially increase
hazards due to a geometric
design feature (e.g., sharp
curves or dangerous
intersections) or
incompatible uses (e.g.,
farm equipment)?
None required. City of Woodland Engineering
Standards: Design Standards,
Standard Details and Construction
Specifications
Transportation d) Result in inadequate
emergency access?
None required. City of Woodland Engineering
Standards: Design Standards,
Standard Details and Construction
Specifications
Tribal Cultural
Resources
a) Cause a substantial adverse
change in the significance
of a tribal cultural resource,
defined in Public Resources
Code section 21074 as
either a site, feature, place,
cultural landscape that is
geologically defined in
terms of the size and scope
of the landscape, sacred
place, or object with
cultural value to a
California Native American
tribe, and that is:
i) Listed or eligible for
listed in the California
Register of Historical
Resources, or in local
register of historical
resources as defined in
Public Resources Code
section 5020.1(k).
ii) A resource determined
by the lead agency, in its
Conditions of Approval Required, see Cultural Resources Impact Topic a), above.
California Public Resources Code
Division 5, Chapter 1.75 Section
5097.9 et. seq.
Conditions of Approval required
for General Plan Implementation
Program 7.13 and Compliance
Measure Cultural 1; see Table A-2.
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Appendix A A-32 City of Woodland
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
discretion and supported
by substantial evidence,
to be significant
pursuant to criteria set
forth in subdivision (c)
of Public Resources
Code Section 5024.1. In
applying the criteria set
forth in subdivision (c)
of Public Resources
Code Section 5024.1,
the lead agency shall
consider the significance
of the resource to a
California Native
American tribe?
Utilities a) Require or result in the
relocation or construction of
new or expanded water,
wastewater treatment or
storm water drainage,
electric power, natural gas,
or telecommunications
facilities, the construction
or relocation of which could
cause significant
environmental effects?
General Plan Policy 5.H.9. Reduced Demand. Reduce wastewater system demand through efficient water use by requiring water-conserving design and equipment in new construction; encouraging retrofitting with water-conserving devices; and designing, constructing, and repairing wastewater systems to minimize inflow and infiltration to the extent economically feasible.
General Plan Policy 5.I.4. Low Impact Development. Require new development and redevelopment projects to incorporate site design and low impact development runoff requirements, in accordance with the Municipal Code to reduce runoff rates, filter out pollutants, and facilitate groundwater infiltration. Such features may include, but are not limited to:
• Canopy trees or shrubs to absorb rainwater;
• Grading that lengthens flow paths over permeable surfaces and increases runoff travel time to reduce the peak hour flow rate and the number of required drain inlets;
• Partially removing curbs and gutters from parking areas where appropriate to allow stormwater sheet flow into vegetated areas; • Use of permeable paving in parking lots and other areas characterized by significant impervious surfaces;
• On-site stormwater detention, use of bioswales and bioretention basins to facilitate infiltration;
Woodland Municipal Code Chapter
13.32, Water Conservation
City of Woodland Municipal Code
Chapter 8.08 Urban Stormwater
Quality Management and
Discharge Control
City of Woodland Post
Construction Standards Plan (Low
Impact Development &
Hydromodification)
Stormwater Best Management
Practices for Construction
Handbook, California Stormwater
Quality Association
Annexations Initial Study AECOM
City of Woodland A-33 Appendix A
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
• Integrated or subsurface water retention facilities to capture rainwater for use in landscape irrigation and other non-potable uses; and • Innovative engineering practices that allow for compact, connected, and walkable urban design.
b) Have sufficient water
supplies available to serve
the project and reasonably
foreseeable future
development during normal,
dry and multiple dry years?
None required.
c) Result in a determination by
the wastewater treatment
provider that serves or may
serve the project that it has
adequate capacity to serve
the project’s projected
demand, in addition to the
provider’s existing
commitments?
None required.
d) Generate solid waste in
excess of State or local
standards, or in excess of
the capacity of local
infrastructure, or otherwise
impair the attainment of
solid waste reduction goals?
None required.
e) Comply with federal, State,
and local management and
reduction statutes and
regulations related to solid
waste?
General Plan Policy 5.J.2. New Development. Require waste collection in all new development and ensure that all new development complies with applicable provisions of the City of Woodland Source Reduction and Recycling Element and the Yolo County Integrated Waste Management Plan.
City of Woodland Municipal Code
Chapter 13.36
AB 341: Mandatory Commercial
Recycling (MCR) Program
AB 1826: Mandatory Commercial
Organics Recycling (MORe)
AECOM Annexations Initial Study
Appendix A A-34 City of Woodland
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
Program
SB 1383: Short-Lived Climate
Pollutant (SLCP) Reduction
Strategy
Wildfire a) If Located in or near state
responsibility areas or lands
classified as very high fire
hazard severity zones,
would the project:
i) Substantially impair an
adopted emergency
response plan or
emergency evacuation
plan?
ii) Due to slope, prevailing
winds, and other factors,
exacerbate wildfire
risks, and thereby
expose project
occupants to, pollutant
concentrations from a
wildfire or the
uncontrolled spread of a
wildfire?
iii) Require the installation
or maintenance of
associated infrastructure
(such as roads, fuel
breaks, emergency water
sources, power lines or
other utilities) that may
exacerbate fire risk or
that may result in
temporary or ongoing
impacts to the
environment?
None required.
Annexations Initial Study AECOM
City of Woodland A-35 Appendix A
Resource Topic
Area CEQA Checklist Question 2035 General Plan Policies and Implementation Programs Uniformly Applied Development
Standards, Policies, and
Regulations
iv) Expose people or
structures to significant
risks, including
downslope or
downstream flooding or
landslides, as a result of
runoff, post-fire slope
instability, or drainage
changes?
Notes:
AMM = avoidance and minimization measures
BMPs = best management practices
CAP = Climate Action Plan
CDFW = California Department of Fish and Wildlife
CEQA = California Environmental Quality Act
City = City of Woodland
Farmland = Prime Farmland, Unique Farmland, or Farmland of Statewide Importance dB = decibel
EIR = Environmental Impact Report
HCP = Habitat Conservation Plan
Ldn = Day-Night Average Sound Level
Leq = Equivalent Sound Level
NCCP = Natural Community Conservation Planning
PM = particulate matter
TAC = toxic air contaminant
USACE = U.S. Army Corps of Engineers
VdB = vibration decibels
VMT = Vehicle Miles Traveled
YSAQMD = Yolo-Solano Air quality Management District
Table A-2. Conditions of Approval Required of Future Development Within Proposed Annexation Areas Resource Topic
Area CEQA Checklist Question Applicable 2035 General Plan Policies to serve as Conditions of Approval Aesthetic
Resources
a) through d) None. Applicable municipal codes and regulations provided in Table A-1.
Agricultural and
Forestry Resources
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on
Condition of Approval required to implement buffer requirements stipulated by General Plan Policy
7.C.5. Agricultural Buffer: Require new development that occurs at the edge of the ULL to be set back a minimum of 150 feet from adjacent agricultural land where possible. Equivalent means of providing
AECOM Annexations Initial Study
Appendix A A-36 City of Woodland
Resource Topic
Area CEQA Checklist Question Applicable 2035 General Plan Policies to serve as Conditions of Approval the maps prepared pursuant to the
Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non-agricultural use?
agricultural buffers may be considered by the Planning Commission on a case-by-case basis for parcels where development potential would be precluded or severely limited as a result of the required buffer size.
The buffer shall be landscaped/vegetated and may include public right of way.
Air Quality a) Conflict with or obstruct
implementation of the applicable air
quality plan?
See Air Quality checklist question b) below.
Air Quality b) Result in a cumulatively considerable
net increase of any criteria pollutant
for which the project region is non-
attainment under an applicable
federal or state ambient air quality
standard?
Condition of Approval required to implement emissions reductions requirements stipulated by General Plan Implementation Program 7.18: New developments that could generate a potentially significant short-term air quality impact shall incorporate feasible construction mitigation strategies, including those listed below, those included in an updated set of mitigation recommendations prepared by the Yolo - Solano Air Quality Management District, or those determined by the City to be as effective:
a. Water all active construction areas at least twice daily. b. Haul trucks shall maintain at least two feet of freeboard. c. Cover all trucks hauling soil, sand, and other loose materials. d. Apply non-toxic binders (e.g., latex acrylic copolymer) to exposed areas after cut-and-fill operations and hydroseed area.
e. Apply chemical soil stabilizers on inactive construction areas (disturbed lands within construction projects that are unused for at least four consecutive days). f. Plant tree windbreaks on the windward perimeter of construction projects if adjacent to open land. g. Plant vegetative ground cover in disturbed areas as soon as possible. h. Cover inactive storage piles.
i. Sweep streets if visible soil material is carried out from the construction site. j. Treat accesses to a distance of 100 feet from the paved road with a 6 to 12 inch lay er of wood chips or mulch.
k. Treat accesses to a distance of 100 feet from the paved road with a 6 -inch layer of gravel. l. Limit all idling of vehicles and equipment that use gasoline or diesel fuel to five minutes maximum. m. Use alternative power source, such as electricity, for construction equipment or use reformulated and emulsified fuels, incorporate catalyst and filtration technologies, and generally modernize the equipment fleet with cleaner and newer engines.
Air Quality c) Expose Sensitive Receptors to
Substantial Pollutant Concentrations?
Condition of Approval required to implement requirements stipulated by :
General Plan Policy 7.F.3 Protect Sensitive Receptors. For the purposes of environmental review of potential toxic air contaminant impacts, consider residentially designated land uses, hospitals and other medical facilities, residential care facilities, schools, day care centers, playgrounds to be “sensitive receptors.” Discourage the location of new sensitive receptor uses within 500 feet of a limited access state
Annexations Initial Study AECOM
City of Woodland A-37 Appendix A
Resource Topic
Area CEQA Checklist Question Applicable 2035 General Plan Policies to serve as Conditions of Approval highway (State Route 113 and Interstate 5). Implement applicable buffer distances recommended by the California Air Resources Board between sensitive uses and sources of substantial pollutant concentrations.
General Plan Implementation Program 7.17.
a. New development shall be required to demonstrate adherence with applicable YSAQMD - recommended health risk thresholds involving sensitive receptors, uses that involve substantial truck trips, and large gas stations, as defined by the applicable regulations. “Substantial truck trips” is defined as more than 100 trucks per day, more than 40 trucks with oper ating transport refrigeration units per day, or transport refrigeration unit operations that exceed 300 hours per week. A “large gas station” is one that would be anticipated to accommodate a throughput of 3.6 million gallons per year or greater.
b. Proposed uses that include sensitive receptors may demonstrate compliance with this implementation program by providing a minimum 1,000-foot buffer from existing uses that involve substantial truck trips and a minimum 50-foot buffer from existing large gas stations. c. Proposed uses that involve substantial truck trips may demonstrate compliance with this implementation program by providing a minimum 1,000-foot buffer from properties where the City’s land use designation would allow sensitive receptors.
d. Proposed large gas stations may demonstrate compliance with this implementation program by providing a minimum 300-foot buffer, while typical gas dispensing facilities would provide a minimum 50-foot buffer from existing sensitive receptors and from properties where the City’s land use designation would allow sensitive receptors.
e. Avoid siting new sensitive receptors within 500 feet of the edge of the closest travel lane of a freeway, urban roads with 100,000 vehicles per day, or rural roads with 50,000 veh icles per day. f. Avoid siting new sensitive land uses within 300 feet of any existing dry cleaning operation. g. As an alternative to these buffer distances, proposed sensitive receptors, uses that involve substantial truck trips, and large gas stations may provide a site-specific health risk assessment, using methods consistent with applicable guidance from the Office of Environmental Health Hazard Assessment, with mitigation, if necessary, to demonstrate compliance with applicable YSAQMD-recommended health risk thresholds. When health risk impacts exceed YSAQMD-recommended thresholds, feasible on-site mitigation measures to reduce TAC exposure shall be implemented to mitigate health risk impacts below YSAQMD thresholds. On-site measures could include, but are not limited to providing enhanced filtration systems (e.g., Minimum Efficiency Reporting Value 13 or greater) for near-by sensitive receptor buildings, changes to the TAC emission source’s operation, and positioning of exhaust and intake for ventilation systems to minimize exposure among others.
General Plan Implementation Program 7.19.
a. New development that would require the use of diesel-fueled construction equipment within 300 feet of an existing sensitive receptor use an equipment mix, incorporate buffering, schedule construction activities, or use other strategies to reduce potential health risk consistent with guidance from the Yolo-
AECOM Annexations Initial Study
Appendix A A-38 City of Woodland
Resource Topic
Area CEQA Checklist Question Applicable 2035 General Plan Policies to serve as Conditions of Approval Solano Air Quality Management District.
b. Alternatively, a project applicant may prepare a site-specific estimate of diesel PM emissions associated with total construction activities and evaluate for health risk impact on existing sensitive receptors in order to demonstrate that applicable YSAQMD-recommended thresholds for toxic air contaminants would not be exceeded or that applicable thresholds would not be exceeded with the application of alternative mitigation techniques approved by the City.
Biological
Resources
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive, or
special-status species in local or
regional plans, policies, or
regulations, or by the California
Department of Fish and Game or the
U.S. Fish and Wildlife Service?
Condition of Approval to implement requirements stipulated by the City of Woodland Municipal Code Chapter 15.32 for the implementation of the Yolo HCP/NCCP, for all proposed future development, by- right and discretionary, within the annexation areas. This shall achieve the intent of General Plan Policy
7.B.11 and Implementation Program 7.4:
General Plan Policy 7.B.11 Sensitive Site Planning. Site new development to maximize the protection of native tree species and sensitive special-status plant and wildlife habitats.
General Plan Implementation Program 7.4
a. The City will require biological inventory surveys for new developments that could affect special- status species or sensitive habitat in areas designated for development under the General Plan. b. The City will work with project applicants to identify opportunities to preserve special -status species occurrences and sensitive habitats through design and planning. […T]he City shall implement the applicable requirements of the HCP/NCCP as relevant to any specific land use project. [The details of Implementation Program 7.4 have been revised from as written in the City’s 2035 General Plan to reflect the fact that the HCP/NCCP has been adopted and Incidental Take Permits have been issued.
General Plan Implementation Program 7.4 is now achieved through compliance with the HCP/NCCP through the City of Woodland’s Municipal Code Chapter 15.32, as applicable to discretionary projects.]
Based upon the initial biological reconnaissance surveys completed of the annexation areas, the following Avoidance and Minimization Measures of the HCP/NCCP would be applicable to portions of the Annexation Areas, as detailed in the Biological Survey Memorandum (AECOM 2021a):
Yolo County HCP/NCCP Avoidance and Minimization Measure 16. In accordance with AMM 16 of the Yolo HCP/NCCP:
a. In accordance with AMM 16 of the Yolo HCP/NCCP, the City will require project proponent/s to retain a qualified biologist to conduct species-specific surveys and identify any nesting habitat present within 1,320 feet of the footprint of a proposed project prior to any ground disturbing activities necessary to implement proposed development and infrastructure projects. Adjacent parcels under different land ownership will be surveyed only if access is granted or if the parcels are visible from authorized areas.
b. If a construction project cannot avoid potential nest trees (as determined by the qualified biologist) by
Annexations Initial Study AECOM
City of Woodland A-39 Appendix A
Resource Topic
Area CEQA Checklist Question Applicable 2035 General Plan Policies to serve as Conditions of Approval 1,320 feet, the City will require project proponent/s to retain a qualified biologist to conduct preconstruction surveys for active nests consistent with guidelines provided by the Swainson’s Hawk Technical Advisory Committee (2000), between March 1 and August 30, within 15 days prior to the beginning of the construction activity. The results of the survey will be submitted to the Yolo Habitat Conservancy and CDFW. If active nests are found during preconstruction su rveys, a 1,320-foot initial temporary nest disturbance buffer shall be established. If project-related activities within the temporary nest disturbance buffer are determined to be necessary during the nesting season, then the qualified biologist will monitor the nest and will, along with the City, consult with CDFW to determine the best course of action necessary to avoid nest abandonment or take of individuals. Work may be allowed only to proceed within the temporary nest disturbance buffer if Swainson’s h awk or white-tailed kite are not exhibiting agitated behavior, such as defensive flights at intruders, getting up from a brooding position, or flying off the nest, and only with the agreement of CDFW. The designated on -site biologist/monitor shall be on-site daily while construction-related activities are taking place within the 1,320-foot buffer and shall have the authority to stop work if raptors are exhibiting agitated behavior.
Up to 20 Swainson’s hawk nest trees (documented nesting within the last 5 ye ars) may be removed during the permit term, but they must be removed when not occupied by Swainson’s hawks. c. For covered activities that involve pruning or removal of a potential Swainson’s hawk or white -tailed kite nest tree, the City will require project proponent/s to conduct preconstruction surveys that are consistent with the guidelines provided by the Swainson’s Hawk Technical Advisory Committee (2000). If active nests are found during preconstruction surveys, no tree pruning or removal of the nest tree will occur during the period between March 1 and August 30 within 1,320 feet of an active nest, unless a qualified biologist determines that the young have fledged and the nest is no longer active. d. Before any ground-disturbing activities, the City will require project proponent/s to identify and quantify (in acres) Swainson’s hawk habitat (as defined in the Yolo County HCP/NCCP Appendix A, Covered Species Accounts [Yolo HCP/NCCP 2018]) in and within 1,320 feet of a project footprint.
The City will require project proponent/s to submit the Yolo HCP/NCCP Application Form for non- member agency projects and Member Agency Reporting Form for member agency projects, as applicable, and will pay applicable fees to the Yolo Habitat Conservancy as specified in the appropriate form.
Yolo County HCP/NCCP Avoidance and Minimization Measure 18. In accordance with AMM 18 of the Yolo HCP/NCCP:
Suitable habitat for the western burrowing owl is present within the proposed annexation areas. In accordance with AMM 18 of the Yolo HCP/NCCP, the City will require project proponent/s to retain a qualified biologist to conduct species-specific surveys and within 30-days but no less than 14 days prior to any ground disturbing activities necessary to implement proposed developm ent and infrastructure projects, consistent with Appendix L of the Yolo HCP/NCCP, which follows CDFW guidelines.
If burrowing owls are identified during the species-specific pre-project survey, the City will require project proponent/s to minimize activities that will affect occupied habitat, as follows. Occupied
AECOM Annexations Initial Study
Appendix A A-40 City of Woodland
Resource Topic
Area CEQA Checklist Question Applicable 2035 General Plan Policies to serve as Conditions of Approval habitat is considered fully avoided if the project footprint does not impinge on a non -disturbance buffer around the suitable burrow. For occupied burrowing owl nest burrows, this non -disturbance buffer could range from 150 to 1,500 feet (Table 4-2 of the Yolo HCP/NCCP, Recommended Restricted Activity Dates and Setback Distances by Level of Disturbance for Burrowing Owls), depending on the time of year and the level of disturbance, based on current guidelines.
Compliance Measure Bio 1: Avoid Direct Loss of Protected Bird Nests. While not required as mitigation for a significant impact under California Environmental Quality Act (CEQA), the following would be required for compliance with the MBTA and California Fish and Game Code:
• To the extent feasible, the City will require that construction activities be carried out during the nonbreeding season (between September 1 and January 31) for protected bird species in this region to avoid and minimize impacts to common migratory nesting birds. • For any ground disturbance activity necessary to implement proposed development and infrastructure projects that would occur during the nesting season (between February 1 and August 31), the City will require the project applicant to conduct a preconstruction survey. The preconstruction survey shall be conducted by a qualified biologist before any activity occurring within 500 feet of suitable nesting habitat for any protected bird species. The survey shall be timed to maximize the potential to detect nesting birds, and should be repeated within 10 days of the start of project-related activity. • If an active common bird species protected by the MBTA or California Fish and Game Code nest is found, the qualified biologist shall establish a buffer around the nest. No project activity shall commence within the buffer area until a qualified biologist confirms that the nest is no longer active.
The size of the buffer shall be determined in consultation with CDFW. Buffer size is anticipated to range from 50 to 500 feet, depending on the nature of the project activity, the extent of existing disturbance in the area, and other relevant circumstances as determined by a qualified biologist in consultation with CDFW.
• Monitoring of all protected nests by a qualified biologist during construction activities will be required if the activity has potential to adversely affect the nest. If construction activities cause the nesting bird to vocalize, make defensive flights at intruders, get up from a brooding position, or fly off the nest, then the no-disturbance buffer shall be increased until the agitated behavior ceases. The exclusionary buffer will remain in place until the chicks have fledged or as otherwise determined by a qualified biolo gist.
Biological
Resources
b) Have a substantial adverse effect on
any riparian habitat or other sensitive
natural community identified in local
or regional plans, policies, or
regulations or by the California
Department of Fish and Game or the
U.S. Fish and Wildlife Service?
General Plan Policy 7.B.11 and Implementation Program 7.4. (See Biological Resource impact area a) above)
Biological
Resources
c) Have a substantial adverse effect on
state or federally protected wetlands
Condition of Approval required to implement requirements stipulated by:
General Plan Policy 7.11.B and Implementation Program 7.4. (See Biological Resources impact area
Annexations Initial Study AECOM
City of Woodland A-41 Appendix A
Resource Topic
Area CEQA Checklist Question Applicable 2035 General Plan Policies to serve as Conditions of Approval (including, but not limited to, marsh,
vernal pool, coastal, etc.) through
direct removal, filling, hydrological
interruption, or other means?
a) above).
General Plan Implementation Program 7.5. If the project would result in ground disturbance on sites containing waterways or other aquatic habitats, the City will require project proponent/s to complete a delineation of waters of the United States according to U.S. Army Corps of Engineers’ methods, and to submit the completed delineation to the U.S. Army Corps of Engineers for jurisdictional determinati on. If the project would result in fill of wetlands or other waters of the United States, the City will require project proponent/s to obtain a Section 404 Clean Water Act permit from the U.S. Army Corps of Engineers and water quality certification from the Regional Water Quality Control Board pursuant to Section 401 of the Clean Water Act. If the project involves work in areas containing waters disclaimed by the USACE, project applicants shall obtain a Waste Discharge Requirement permit from the Regional Water Quality Control Board pursuant to the Porter Cologne Act. Project applicants shall be required to obtain all needed permits prior to project implementation, to abide by the conditions of the permits, including all mitigation requirements, and to implement all requirements of the permits in the timeframes required therein.
Compliance Measure Bio 2: Avoid Loss of and Degradation of Federally Protected Waters. • If a proposed project would result in ground disturbance on the agricultural or roadside ditche s, the City will require project proponent/s to conduct a delineation of waters of the United States according to USACE’ methods, and to submit the completed delineation to the USACE for jurisdictional determination.
• If implementation of a proposed project would result in fill of waters of the United States, the City will require that project proponent/s obtain a Section 404 Clean Water Act permit from the USACE and water quality certification from the Regional Water Quality Control Board pursuant to Secti on 401 of the Clean Water Act.
• If implementation of a proposed project involves work in areas containing waters disclaimed by the USACE, the City will require that the applicant obtain a Waste Discharge Requirement permit from the Regional Water Quality Control Board pursuant to the Porter Cologne Act. • The City will require that the applicant obtain all needed permits prior to project implementation, to abide by the conditions of the permits, including all mitigation requirements, and to implement all requirements of the permits in the timeframes required therein.
Biological
Resources
f) Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation
Plan, or other approved local,
regional, or state habitat conservation
plan?
See impact questions Biological Resources a) and b) above.
Cultural Resources a) Cause a substantial adverse change in the significance of a historical resource
Condition of Approval required to implement requirements stipulated by:
General Plan Implementation Program 7.13.
AECOM Annexations Initial Study
Appendix A A-42 City of Woodland
Resource Topic
Area CEQA Checklist Question Applicable 2035 General Plan Policies to serve as Conditions of Approval pursuant to Section 15064.5? a. During ground-disturbing activities necessary to implement proposed development and infrastructure projects, if any prehistoric or historic subsurface resources are discovered, a ll work within 100 feet of the resources shall be halted and a qualified archaeologist2 shall be consulted within 24 hours to assess the significance of the find, according to CEQA Guidelines Section 15064.5, and implement, as applicable, CEQA Guidelines Sections 15064.5(d), (e), and (f). b. If any find is determined to be a historical resource according to CEQA Guidelines Section 15064.5, representatives from the City and the archaeologist will meet to determine the appropriate avoidance measures or other appropriate mitigation. Cultural resources shall be recorded on appropriate Department of Parks and Recreation forms, and all significant cultural materials recovered shall be, as necessary and at the discretion of the qualified archaeologist and in consultation with the local Native American community if the discovery is prehistoric in age, subject to scientific analysis, professional curation, and documentation according to professional standards. If it is determined that the proposed development or infrastructure project could damage a historical resource or a unique archaeological resource (as defined pursuant to the CEQA Guidelines), mitigation shall be implemented in accordance with Section 21083.2 of the California Public Resources Code and CEQA Gui delines Section 15126.4, with a preference for preservation in place. Work may proceed on other parts of the project site while mitigation for historical resources or unique archaeological resources is being carried out. Preservation in place may be accomplished by planning construction to avoid the resource; incorporating the resource within open space; capping and covering the resource; or deeding the site into a permanent conservation easement.
c. If avoidance is not feasible, the qualified archaeologist shall develop and oversee the execution of a treatment plan. The treatment plan shall include, but shall not be limited to, data recovery procedures based on location and type of archaeological resources discovered and a preparation and submi ttal of report of findings to the Northwest Information Center of the California Historical Resources Information System. Data recovery shall be designed to recover the significant information the archaeological resource is expected to contain, based on the scientific/historical research questions that are applicable to the resource, what data classes the resource is expected to possess, and how the expected data classes would address the applicable resource questions. Data recovery, in general, should be limited to the portions of the historical property that could be adversely affected by project proponents’ actions. Destructive data recovery methods shall not be applied to portions of the archaeological resources if nondestructive methods are practical.
Compliance Measure Cultural 1: Cultural Resources Sensitivity Training Prior to ground-disturbing activities necessary to implement proposed development and infrastructure
2 The California Office of Historic preservation utilizes the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation as found in Code of Federal Regulations, 36 CFR Part 61. The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus: 1. At least one year of full-time professional experience or equivalent specialized training in archeological research, administration or management; 2. At least four months of supervised field and analytic experience in general North American archeology; and 3. Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period.
Annexations Initial Study AECOM
City of Woodland A-43 Appendix A
Resource Topic
Area CEQA Checklist Question Applicable 2035 General Plan Policies to serve as Conditions of Approval projects, contractors shall receive cultural resource sensitivity training to identi fy potential archaeological resources and that all work should cease within 150 feet of prehistoric cultural resources that may be discovered during project implementation.
Cultural Resources b) Cause a substantial adverse change in the significance of an archaeological
resource pursuant to Section
15064.5?
Condition of Approval required to implement requirements stipulated by:
General Plan Policy 7.E.2. Discovery of Resources. see Cultural Resources checklist item a) above.
General Plan Implementation Program 7.13; see Cultural Resources checklist item a) above.
Energy a) and b) None. Applicable municipal codes and regulations provided in Table A-1.
Geology, Soils,
Minerals
Resources, and
Paleontological
Resources
a) through c) and e) None. Applicable municipal codes and regulations provided in Table A-1.
Geology, Soils,
Minerals
Resources, and
Paleontological
Resources
d) Be located on expansive soil, as
defined in Table 18-1-B of the
Uniform Building Code (1994, as
updated), creating direct or indirect
substantial risks to life or property?
Condition of Approval required to ensure evaluation and siting with regard to expansive soils in accordance with General Plan Policy 8.A.3. Expansive Soils: Evaluate and avoid siting of structures across soil materials of substantially different expansive properties. Require appropriate design specification including special slabs where foundations are in areas of expansive soils.
Geology, Soils,
Minerals
Resources, and
Paleontological
Resources
f) Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?
Condition of Approval required to ensure appropriate action in the case of discovery of paleontological resources, in accordance with General Plan Implementation Program 7.15:
• Prior to the start of earthmoving activities that would disturb 1 acre of land or more within the Riverbank or Modesto Formations, the project applicant shall inform all construction personnel involved with earthmoving activities regarding the possibility of encountering fossils, the appearance and types of fossils likely to be seen during construction, and proper notification procedures should fossils be encountered.
• If paleontological resources are discovered during earthmoving activities, the constructi on crew shall immediately cease work in the vicinity of the find and notify the City of Woodland Community Development Department.
• The project applicant shall retain a qualified paleontologist to evaluate the resource and prepare a recovery plan. The recovery plan may include, but is not limited to, a field survey, construction monitoring, sampling and data recovery procedures, museum curation for any specimen recovered, and a report of findings. Recommendations in the recovery plan that are determined by the City to be necessary and feasible shall be implemented before construction activities can resume at the site where the paleontological resources were discovered.
Greenhouse Gas a) and b) General Plan Policy 2.C.2. Consistency with the Climate Action Plan. Ensure that new development is
AECOM Annexations Initial Study
Appendix A A-44 City of Woodland
Resource Topic
Area CEQA Checklist Question Applicable 2035 General Plan Policies to serve as Conditions of Approval Emissions consistent with the objectives and targets of the City’s Climate Action Plan.
Hazards and
Hazardous
Materials
a) through g) None. Applicable municipal codes and regulations provided in Table A-1.
Hydrology and
Water Quality
a) through e) None. Applicable municipal codes and regulations provided in Table A-1.
Land Use and
Planning
a) and b) None required.
Mineral Resources a) and b) None required.
Noise and
Vibration
a) None. Applicable municipal codes and regulations provided in Table A-1.
Noise and
Vibration
b) Generation of excessive groundborne
vibration or groundborne noise
levels.
Condition of Approval required to ensure compliance with the performance standards to reduce short-term and long-term vibration, in accordance with General Plan Implementation Program 8.12:
a. New development that proposes the use of piles for foundations shall include all feasible measures necessary with the goal to ensure that vibration exposure for adjacent buildings is less than 0.5 peak particle velocity and less than 80 VdB for adjacent vibration-sensitive uses and less than 0.2 peak particle velocity for adjacent historic buildings. These performance standards shall take into account the reduction in vibration exposure that would occur through coupling loss provided by each affected building structure. If it is determined necessary to avoid damage, the project applicant shall coordinate with the Chief Building Official to implement corrective actions, which may include, but is not limited to building protection or stabilization.
b. New developments that would generate substantial long-term vibration shall provide analysis and mitigation, as feasible, to achieve velocity levels, as experienced at habitable structures of vibration - sensitive land uses, of less than 80 vibration decibels.
Noise and
Vibration
c) None required.
Population and
Housing
a) and b) None required.
Public Services a) None required.
Recreation a) and b) None required.
Transportation a), c), and d) None required.
Annexations Initial Study AECOM
City of Woodland A-45 Appendix A
Resource Topic
Area CEQA Checklist Question Applicable 2035 General Plan Policies to serve as Conditions of Approval Transportation b) Would the project conflict or be
inconsistent with CEQA Guidelines
section 15064.3, subdivision (b)?
Condition of Approval required to ensure compliance with the performance standards to reduce vehicle miles travelled, in accordance with General Plan Policy 3.A.4. Reduce Vehicle Miles Traveled (VMT):
Require new development projects to achieve a 10 percent reduction in VMT per capita or VMT per service population compared to the General Plan 2035 VMT performance, or a 10 percent reduction compared to baseline conditions for similar land use when measuring transportation impacts for subsequent projects and making General Plan consistency findings.
Tribal Cultural
Resources
a) Cause a substantial adverse change in
the significance of a tribal cultural
resource, defined in Public
Resources Code section 21074 as
either a site, feature, place, cultural
landscape that is geologically defined
in terms of the size and scope of the
landscape, sacred place, or object
with cultural value to a California
Native American tribe, and that is:
i) Listed or eligible for listed in the
California Register of Historical
Resources, or in local register of
historical resources as defined in
Public Resources Code section
5020.1(k).
ii) A resource determined by the
lead agency, in its discretion and
supported by substantial
evidence, to be significant
pursuant to criteria set forth in
subdivision (c) of Public
Resources Code Section 5024.1.
In applying the criteria set forth
in subdivision (c) of Public
Resources Code Section 5024.1,
the lead agency shall consider the
significance of the resource to a
California Native American
tribe?
Condition of Approval required to implement requirements stipulated by General Plan Implementation Program 7.13; see Cultural Resources checklist item a) above.
Compliance Measure Cultural 1; see Cultural Resources checklist item a) above.
Utilities a) through e) None required.
Wildfire a) None required.
AECOM Annexations Initial Study
Appendix A A-46 City of Woodland
Notes:
AMM = avoidance and minimization measures
CDFW = California Department of Fish and Wildlife
CEQA = California Environmental Quality Act
City = City of Woodland
Farmland = Prime Farmland, Unique Farmland, or Farmland of Statewide Importance HCP = Habitat Conservation Plan
NCCP = Natural Community Conservation Planning
PM = particulate matter
TAC = toxic air contaminant
USACE = U.S. Army Corps of Engineers
VdB = vibration decibels
VMT = Vehicle Miles Traveled
YSAQMD = Yolo-Solano Air quality Management District
E MAIN ST
COUNTY ROAD 102
E BEAMER ST
E KENTUCKY AVE
I5SB
I5NB
COUNTY ROAD 102
E BEAMER ST
3 2
1 4
5 0 1,000500
Feet
Exhibit G - Northeast Annexation Area
County of Yolo, California
City of Woodland
Proposed City Limits
Existing City Limits
1025 Creekside Ridge Drive, Suite 150, Roseville CA 95678 Date: 10/31/2023 7741.800
KEY NUMBER APN ACRES
1 027-210-007 147.90
2 027-350-001 157.00
3 027-350-051 37.71
4 027-370-034 113.20
Legend
Existing City Boundary
Proposed City Boundary
Northeast Annexation Area
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: November 21, 2023
ITEM #: I.14
SUBJECT: California Compass Logistics Center, LLC , Land Dedication Agreement
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, Approving the Land Dedication Agreement by and between the City of Woodland and California Compass Logistics Center, LLC.
Staff Contact:
Megan Meier, Senior Planner, (530) 661-5814, [email protected] Erika Bumgardner, Principal Planner, (530) 661-5886, [email protected]
Fiscal Impact:
Application and Processing
The City entered into an Agreement for Advance of Funds with the project applicants to cover fair share costs incurred in processing the proposed annexation applications for the Northeast Industrial Annexation Area. The applicants covered staff time, city attorney fees, and consultant costs associated with processing the applications. Additionally, the City Council approved the use of matching General Fund money to cover any fair share expenses associated with the annexation of City property.
Furthermore, pursuant to the terms of the Development Agreement entered by California Compass Logistics Center, LLC, with the City, the Developer has agreed to dedicate land in fee to the City, at no cost and with no credits toward development impact fees (as outlined in the attached Land Dedication Agreement).
Background:
On November 7, 2023, the City Council acted on a "Citywide Annexation" proposal, which included the Northeast Industrial Area. Each property owner with undeveloped land in the Northeast Area was required to enter into a Development Agreement with the City of Woodland. The Second Reading and final action on November 21, 2023, will formally approve the Development Agreements and associated sub-agreements.
Discussion:
Pursuant to the terms of the Northeast Area Annexation Development Agreement between the City and "Developer," California Compass Logistics Center, LLC, approximately 70 acres of land, the "Dedication Site," as generally depicted in Exhibit B of the attached Land Dedication Agreement, shall be dedicated at no cost to the City to be used as part of the Lower Cache Creek Flood Risk Reduction Project.
The Land Dedication Agreement specifies the acreage dedication located immediately outside the jurisdictional boundaries of the City of Woodland. Additionally, the agreement more specifically establishes the terms governing the conveyance of the Dedication Site.
Within thirty (30) days of the date of delivery to the surveyed boundaries of the Dedication Site to Developer, Developer shall dedicate the Dedication Site to City by grant deed in a form as approved
by the City Attorney. The Dedication Site shall be conveyed to the City free of all liens and encumbrances. The Developer shall at its sole cost and expense secure any and all releases from liens or encumbrances as necessary to convey fee title to the Dedication Site in the condition required by the attached Land Dedication Agreement.
Conclusion:
Staff recommends that the City Council adopt Resolution No. _____, Approving the Land Dedication Agreement by and between the City of Woodland and California Compass Logistics Center, LLC .
Prepared by:
Megan Meier, Senior Planner, (530) 661-5814, [email protected] Erika Bumgardner, Principal Planner, (530) 661-5886, [email protected]
Reviewed by: Brent Meyer, Community Development Director / City Engineer
Attachments:
1. Resolution_ Land Dedication Agreement
2. Land Dedication Agreement (NE Annexation DA)
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND AUTHORIZING
AND DIRECTING THE CITY TO ENTER INTO A LAND DEDICATION AGREEMENT BY
AND BETWEEN THE CITY OF WOODLAND AND CALIFORNIA COMPASS, LLC WHEREAS, in January, June, and October 2021, the City of Woodland (“City”) received planning applications from four property owners representing a majority of land owners within the Northeast Annexation Area (“Annexation Area”), requesting annexation of approximately 616 acres into the City; and
WHEREAS, the Annexation Area is located outside but adjoining via property boundary or roadways with the current corporate boundary of the City; and WHEREAS, the City adopted an extensive General Plan update in May 2017, including Land Use designations for all proposed Annexation Areas in anticipation of future annexation; and WHEREAS, the proposed annexations will facilitate orderly development consistent with General Plan goals and policies; and
WHEREAS, on November 7, 2023, the City Council conducted a duly noticed public hearing on the Annexation Area and related approvals, including Development Agreements with California Compass, LLC, where the public was able to participate and comment and on said date, the public hearing was opened, held and closed;
WHEREAS, the Development Agreement further provides that California Compass, LLC will dedicate property of approximately 70 acres to the City, and California Compass and the City desire to enter into a separate agreement to more specifically outline the terms of such land dedication NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Woodland hereby authorizes and directs the City Manager to enter into a Land Dedication Agreement by and between the City of Woodland and California Compass, LLC in substantially the form attached hereto as Exhibit A.
The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Woodland at a regular meeting of the City Council held on the 21st day of November 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
Vicky Fernandez, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________________ ___________________________________ Ana B. Gonzalez, City Clerk Ethan Walsh, City Attorney
Date Signed: _________________________
Exhibit A – Land Dedication Agreement
EXHIBIT A
LAND DEDICATION AGREEMENT
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When Recorded Mail Document To:
City of Woodland
300 Main Street
Woodland, CA 95695
Attn: City Clerk
Exempt from recording fees pursuant to
Government Code Section 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE
LAND DEDICATION AGREEMENT
This Land Dedication Agreement (this “Agreement”) is made and entered into as of ________, 2023 (the “Effective Date”), by and between California Compass Logistics Center, LLC, a Delaware limited liability company (“Developer”), and the City of Woodland, a California municipal corporation (“City”). Developer and City are each respectively referred to herein as a “Party” and collectively as the “Parties”.
R E C I T A L S:
A. Developer is the owner of that certain property comprised of approximately 147 acres (APN 027-210-007) located immediately outside the jurisdictional boundaries of the City of Woodland, as more particularly described in Exhibit A to this Agreement, attached hereto and incorporated herein by this reference (the “Property”); B. Developer desires that the Property be annexed into the City for future development with industrial uses. To that end, concurrently with entering into this Agreement, City is requesting the Yolo County Local Agency Formation Commission (“LAFCO”) to process an annexation application for multiple properties, including the Property, and City and Developer are further entering into a Development Agreement to govern the future development of the Property (the “Development Agreement”).
C. Pursuant to the terms of the Development Agreement, Developer has agreed to dedicate in fee to the City, at no cost and with no credits toward development impact fees, certain real property as generally depicted in Exhibit B attached hereto and incorporated herein by reference, comprised a portion of the Property of an exact size and configuration as required by the City, provided that the real property to be dedicated shall not exceed 70 acres (the “Dedication Site”) and a thirty (30) foot wide public utility and access easement along the full length of the eastern border of the Property south of the Dedication Site.
D. City and Developer desire to enter into this Agreement to more specifically establish the terms governing the conveyance of the Dedication Site, and, as consideration therefor, the excavation of soil material from the Dedication Site and a separate City parcel.
AGREEMENT
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NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Survey of Dedication Property. No later than forty-two (42) months after the Effective Date of this Agreement, City shall prepare and submit to Developer a survey of the boundaries of the Dedication Site. The surveyed Dedication Site shall be generally in the location depicted in Exhibit B, but, shall be configured as required by City for the design of the Lower Cache Creek Flood Risk Reduction Project in its reasonable discretion, provided that the Dedication Site shall not exceed seventy (70) acres in size. City shall, before finalizing the survey for the Dedication Site, consult with Developer and allow it to provide comments for the City's configuration. The configuration of the Property shown on Exhibit B shall be referred to hereinafter as the "Preliminary Dedication Site."
2. License to Enter Property. Developer grants to City a non-exclusive right and license to enter, and for City to allow City’s officers, employees, contractors, subcontractors, consultants, representatives, agents, permittees and invitees (collectively, “City’s Representatives”) to enter the Property for purposes of preparing the survey of the Dedication Site and to conduct engineering investigations in connection with the design the Lower Cache Creek Flood Risk Reduction Project. City shall coordinate with the Developer on the preparation of the survey, and shall provide the Developer with at least twenty-four (24) hours’ notice prior to entering the Property in connection with preparing the survey.
3. Conveyance of Dedication Property. Within thirty (30) days after the date of delivery to the surveyed boundaries of the Dedication Site to Developer, Developer shall dedicate the Dedication Site to City by grant deed in a form as approved by the City Attorney. The Dedication Site shall be conveyed to the City free of all liens and encumbrances except for any encumbrances approved by the City in writing. Developer shall at its sole cost and expense secure any and all releases from liens or encumbrances as necessary to convey fee title to the Dedication Site in the condition required by this Agreement.
4. Dedication of Public Utility Easement. Developer shall dedicate the thirty (30) foot wide public utility and access easement along the full length of the eastern border of the Property south of the Dedication Site as depicted in Exhibit B concurrently with the dedication of the Dedication Site.
5. Excavation of Soil Material. As partial consideration for Developer’s dedication of the Dedication Site to the City, City agrees that Developer may, at Developer’s sole cost, excavate a cumulative amount of up to 550,000 cubic yards of soil material from the Dedication Site and that certain City-owned property located south of East Kentucky Avenue and west of County Road 102 (APN 027-360-045), as more particularly described in Exhibit C attached hereto and incorporated herein by this reference (the “City Property”). Developer shall comply with all requirements of this Agreement in conducting the excavation of soil materials as allowed herein.
6. Excavation from Dedication Site. Excavation of soil materials from the Dedication Site shall be subject to the following conditions:
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6.1 The excavation of soil materials shall not occur until after the Dedication Site is conveyed to the City, and Developer shall apply for an encroachment permit from the City for the excavation of soil material from the Dedication Site. As part of the Encroachment Permit, Developer shall submit plans prepared and signed by a registered engineer for the excavation and grading of the Dedication Site. The plans prepared shall be subject to the review and approval of the City Engineer, to ensure consistency with the requirements of this Agreement. The plans shall be reviewed by City not less than 42 months after the Effective Date of this Agreement, so that City can ensure that the plans are coordinated with the design of the City’s Flood Risk Management Project, if applicable. The plans shall provide for the proper drainage of the Dedication Site after completion of the excavation work, as determined by the City Engineer. The plans shall further ensure design of the Dedication Site following excavation and grading shall mitigate the need for ongoing maintenance and ensure that there is no potential for soil erosion on the Dedication Site to a level as deemed appropriate by the City Engineer. As part of the excavation and grading, the City may require Developer to incorporate any improvements required for the Flood Risk Management Project into the approved plans for the excavation and grading work, provided that the cost of such additional improvements shall be reimbursed by the City. Both parties acknowledge and agree that the City shall not reimburse Developer for any of the excavation work conducted by Developer. The City and Developer shall agree in writing upon the cost of such additional improvements and the terms of reimbursement. All excavation and grading shall be conducted in accordance with the approved encroachment permit and approved plans.
6.2 The excavation on the Property shall not excavate greater than three feet from the existing surface level in any area within the Property that is located within 500 feet of the base of the western side of the proposed levee planned to be constructed as part of the Flood Risk Management Project, as determined by the City Engineer. Notwithstanding the foregoing, in the event that the Developer desires to excavate a portion of the area within 500 feet of the base of the western side of the proposed levee, then the City and Developer may work to determine whether there is a means to allow for such additional excavation without undermining the structural integrity of the proposed levee. Any authorization for such additional excavation shall be subject to written approval of the City Engineer, which may be granted or withheld in his sole discretion.
6.3 As part of the review of the plans, Developer will work with the City to determine the amount of soil materials that can be excavated form the Dedication Site. Final determination of the amount of soil materials that can be excavated from the Dedication Site shall be made by the City engineer and shall take into account limitations on excavation due to the presence of ground water beneath the Dedication Site, the need to ensure that the proposed excavation does not undermine the existing Cache Creek Settling Basin Levees, and any other factors as deemed appropriate to consider by the City Engineer.
7. Excavation from City Property. The parties anticipate that Developer will be unable to excavate the entire 550,000 cubic yards of soil materials from the Dedication Site.
Developer may excavate the remaining soil materials needed to secure the full 550,000 cubic yards, after excavation of the amount available from the Dedication Site, from the City Property, subject to the following terms and conditions:
7.1 Developer shall apply for an encroachment permit from the City for the excavation of soil material from the City Property. As part of the Encroachment Permit, Developer shall submit plans prepared and signed by a registered engineer for the excavation and grading of
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the City Property as allowed pursuant to this Agreement. The plans prepared shall be subject to the review and approval of the City Engineer, to ensure consistency with the requirements of this Agreement. The plans shall provide for the proper drainage of the Dedication Site after completion of the excavation work is complete, as determined by the City Engineer. The plans shall further ensure design of the City Property following excavation and grading shall mitigate the need for ongoing maintenance and ensure that there is no potential for soil erosion on the City Property to a level as deemed appropriate by the City Engineer. The City Property is intended to be used for City storm drainage improvements, and Developer shall design its excavation and grading work to allow for the City to expand the capacity of the storm drainage ponds resulting from the excavation and grading work in the future. As part of the excavation and grading, the City may require Developer to incorporate any improvements required for the storm drainage improvements on the City Property into the approved plans for the excavation and grading work, provided that the cost of such additional improvements shall be reimbursed by the City. The City and Developer shall agree in writing upon the cost of such additional improvements and the terms of reimbursement. Both parties acknowledge and agree that the City shall not reimburse Developer for any of the excavation work conducted by Developer. All excavation and grading shall be conducted in accordance with the approved encroachment permit and approved plans.
7.2 Developer’s right to excavate soil materials from the City Property is further subject to the following conditions: The City intends to construct permanent storm drainage improvements on the City Property within fifteen years following the Effective Date of this Agreement. In the event that City plans to commence with construction of such storm drainage improvements on the City Property prior to Developer excavating soil materials from the City Property as allowed by this Agreement, City will provide written notice of its intent 12 months prior to commencement of construction of such storm drainage improvements. During the 12 month period following delivery of such written notice, Developer may proceed with excavation of the soil materials as provided for in Section 6.1. Following commencement of City’s construction of the permanent storm drainage improvements, Developer’s excavation of soil materials from the City Property may only be conducted in a manner that shall not negatively impact the permanent storm drainage improvements as determined by the City Engineer. This may reduce or eliminate Developer’s right to excavate any further soil materials from the City Property, and Developer’s right to excavate any such materials shall be waived, even if Developer has not yet excavated the full 550,000 cubic yards contemplated by this Agreement. In the event that the City does allow for further excavation following completion of the permanent storm drain improvements, then following such excavation, Developer shall return the City Property and the permanent storm drain improvements to its pre-excavation condition, or an approved condition, as determined by the City Engineer in his sole discretion.
7.3 Notwithstanding the foregoing, Developer may excavate up to 100,000 cubic yards of soil material from the City Property before excavation of soil material from the Dedication Site provided that all other provisions of this Section 6 are satisfied for the removal of soil from the City Property. The quantity of soil material removed pursuant to this Subsections
6.3 shall be deducted from the total amount of soil material that the City is making available to the Developer pursuant to this Agreement.
8. License to Enter City Property. City grants to Developer a non-exclusive right and license to enter, and for Developer to allow Developer’s officers, employees, contractors,
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subcontractors, consultants, representatives, agents, permittees and invitees (collectively, “Developer’s Representatives”) to enter the Dedication Site (following dedication by Developer to City) and the City Property for purposes of excavating soil material as provided herein, and performing all activities necessary or desirable related thereto (collectively, “Developer’s Activities”). Developer shall coordinate with the City on the Developer’s Activities, secure all City approvals necessary for the Developer’s Activities whether or not they are referenced or required in this Agreement, and shall provide the City with at least twenty-four (24) hours’ notice prior to entering the City Property or the Dedication Site for any Developer’s Activities.
9. Use of Soils Materials. Developer may remove the soils to the following properties in which it has an interest, which properties are adjacent to or nearby the Dedication Site and the City Property: (a) the balance of the Property after transfer of the Dedication Site; (b) 158 Acres (APN 027-350-001, (c) 37 Acres (027-350-051, and 165 Acres (APNs 027-210-034, 035 and 036).
10. Compliance. Developer shall perform Developer’s Activities, including in compliance with all applicable laws, City approvals and any other regulatory approvals required in connection with Developer’s Activities.
11. Mechanics Liens. Developer will not permit any mechanics liens to be filed against the City Property or the Dedication Site by reasons of any work, labor, materials, supplies, or services furnished or purportedly furnished on or about the City Property or the Dedication Site in connection with Developer’s Activities. If any such mechanics lien shall be filed against the City Property or the Dedication Site, Developer shall discharge or release the same by posting a bond or otherwise; provided, however, that Developer may contest any such lien so long as the enforcement thereof is stayed. If Developer does not cause any such mechanics lien to be released of record or the enforcement thereof stayed within sixty (60) days after demand by City, City shall have the right, but not the obligation, to cause such lien to be released by posting a bond, and Developer shall reimburse City for all reasonable expenses incurred by City in posting such bond.
12. Indemnification. Developer agrees to indemnify, defend and hold City harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including, but not limited to, reasonable attorneys' fees and costs (collectively, “Claims”) relating to injury to or death of persons or physical damage to personal property, to the extent directly caused by the negligence or willful misconduct of Developer or Developer’s Representatives in the course of performing Developer’s Activities pursuant to this Agreement. City acknowledges that the foregoing obligation is intended to protect City from claims it may suffer solely as a result of Developer conducting Developer’s Activities on the City Property or the Dedication Site, and that it is not intended to and does not include an indemnification of City for, among other things, any monetary damages or diminution in the value of the City Property as a result of the discovery of any pre-existing condition in, on or under the City Property or the Dedication Site or Claims arising after expiration or termination this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement.
13. Insurance.
13.1 Developer shall obtain or require all contractors it directly engages to conduct the Developer’s Activities to obtain and maintain insurance of the types and in the amounts described below in a form and with carriers satisfactory to City at any time that Developer
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is conducting work or otherwise accessing the City Property, the Preliminary Dedication Site or the Dedication Site (following conveyance to the City). (a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a limit of not less than two million dollars ($2,000,000.00) (or such lesser amount as may be approved in writing by City). If such insurance contains a general aggregate limit, it shall apply separately to construction work authorized by this Agreement or be no less than two times the occurrence limit and shall also name City, its officials, officers, employees, agents, and volunteers as additional insureds by endorsement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additional insureds.
(b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a limit of not less than one million dollars ($1,000,000.00) each accident shall be maintained. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall contain the same provisions regarding additional insureds as set forth in Section 11.1(a) above. (c) Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than one million dollars ($1,000,000.00) each accident.
13.2 Other insurance requirements. Developer shall:
(a) Prior to taking any actions authorized by this Agreement, furnish City with properly executed certificates of insurance and endorsements or copies of insurance policies that evidence all insurance required in this Section 11 and that such insurance may not be canceled, allowed to expire, or be materially reduced in coverage except with thirty (30) days’ prior written notice to City.
(b) Replace or require the replacement of certificates, policies, and endorsements for any insurance required herein expiring prior to substantial completion of the Developer’s Activities on the City Property.
(c) Maintain all insurance required herein through the time that Developer completes all Developer’s Activities to be conducted on the City Property. (d) Place all insurance required herein with insurers licensed to do business in California and reasonably acceptable to City.
14. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier, such as FedEx or UPS, with charges prepaid for next business day delivery, addressed to the parties as follows:
If to City: City of Woodland
300 First Street
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Woodland, CA 95695
Attn: City Manager
With a copy to:
Best Best & Krieger LLP
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Attn: Ethan Walsh
If to Developer: Kamilos Companies
11249 Gold Country Blvd., Suite 190
Gold River, CA 95670
Attn: Gerry Kamilos
The date of any notice or communication shall be the date of receipt, provided that rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any party may change its address for notice by giving notice to the other party in accordance with this Section 12.
15. Miscellaneous.
(a) Governing Law. This Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the State of California. (b) Binding Effect. This Agreement and the covenants and agreements herein contained shall be binding on, and inure to the benefit of, the parties hereto and their respective heirs, successors and assigns.
(c) Survival. The obligations of the parties to indemnify, protect, defend and hold harmless the other party shall survive the expiration or earlier termination of this Agreement. (d) Attorneys' Fees. Should either party bring an action against the other party, by reason of or alleging the failure of the other party with respect to any or all of its obligations hereunder, whether for declaratory or other relief, and including any appeal thereof, then the party which prevails in such action shall be entitled to its attorneys' fees (of both in-house and outside counsel) and expenses related to such action, in addition to all other recovery or relief. (e) No Third Party Beneficiary. The provisions of this Agreement are for the exclusive benefit of the parties and their successors and assigns, and shall not be deemed to confer any rights upon any person, except such parties, their successors and assigns. No obligation of a party under this Agreement is enforceable by, or is for the benefit of, any other third parties. (f) Interpretation. This Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement. The captions in this Agreement are for reference only and shall in no way define or interpret any provision hereof.
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Unless the context clearly requires otherwise: (i) the plural and singular shall each be deemed to include the other; (ii) the masculine, feminine, and neuter genders shall each be deemed to include the others; (iii) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (iv) “or” is not exclusive; (v) “include,” “includes,” and “including” are not intended to be restrictive, and lists following such words shall not be interpreted to be exhaustive or limited to items of the same type as those enumerated; and (vi) “days” means calendar days, except if the last day for performance occurs on a Saturday, Sunday, or any legal holiday, then the next succeeding business day shall be the last day for performance.
(g) Severability. If any provision of this Agreement shall be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each provision of this Agreement shall be valid and enforced to the full extent permitted by law, provided the material provisions of this Agreement can be determined and effectuated. (h) Counterparts. This Agreement may be executed in identical counterpart copies, each of which shall be an original, but all of which taken together shall constitute one and the same agreement.
(i) Authority; Execution. City represents that the person executing this Agreement on behalf of City is duly authorized to do so. Developer represents that the person executing this Agreement on behalf of Developer is duly authorized to do so. (j) Final Agreement; Amendment. This Agreement supersedes all previous oral and written agreements between and representations by or on behalf of the parties with respect to the subject matter hereof. This Agreement may not be amended except by a written agreement executed by both parties.
(k) Joint and Several Liability. At any time for so long as this Agreement is in effect that the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners.
(l) Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the Property. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.
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SIGNATURE PAGE TO LAND DEDICATION AGREEMENT
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
DEVELOPER:
California Compass Logistics Center, LLC,
a Delaware limited liability company
By:____________________________
Gerry N. Kamilos, Manager
Date: ________________, 2023
CITY:
CITY OF WOODLAND,
a municipal corporation
By: _____________________________
Name: _____________________________
Its: _____________________________
Date: _____________________________
APPROVED AS TO FORM:
By: _______________________________
Ethan Walsh, City Attorney
[end of signatures]
A-1
Error! No document variable supplied.
EXHIBIT A
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of Yolo Unincorporated Area and described as follows:
All that portion of the fractional southwest quarter of Section 23, Township 10 North, Range 2 East, M.D.B. & M., more particularly described as follows:
Beginning at the northeast corner of said southwest quarter thence coincident with the Easterly boundary of said southwest quarter, South 00 degrees 52' 01' West 2403.22 feet to a point 30.00 feet north of the south boundary of said southwest quarter being also on the North boundary of Parcel 2 described in Book 277 OR 387; thence coincident with said north boundary which is parallel to and 30.00 feet northerly of the south boundary of said south west quarter North 89 degrees 16' 43’ West 2616.22 feet to a point
25.00 feet easterly of and at right angles to the westerly boundary of said southwest quarter being also a point on the east boundary of a parcel described in Book 1 Road Deeds 47; thence coincident with said east boundary line North 01 degrees 05’ 53" East 2410 feet to a point on the north boundary of said southwest quarter, thence coincident with said north boundary South 89 degrees 06' 39" East 2606.49 feet to the point of beginning.
APN: 027-210-007
B-1
Error! No document variable supplied.
EXHIBIT B
DEPICTION OF DEDICATION SITE
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EXHIBIT C
DESCRIPTION OF CITY PROPERTY
82093.00006\41819619.2
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: November 21, 2023
ITEM #: J.15
SUBJECT: Fee for use of City-Owned Electric Vehicle Chargers
Recommendation for Action: Staff recommends that the City Council hold a public hearing and adopt Resolution No. _____, setting fees for use of City-owned Electric Vehicle Chargers.
Staff Contact
Scott Sawin, Chief Information Officer, (530) 661-7979, [email protected] Ken Hiatt, City Manager, (530) 661-5800, [email protected]
Fiscal Impact
The purchase and installation costs for the four new and four replaced charging stations are estimated at $225,000 and were funded with $150,000 in grant funds received through the Electrify Yolo Project Grant and approximately $75,000 in budgeted General Fund dollars. The recommended fee of $0.49 or charging is proposed to be set at a rate that is fiscally neutral by setting the rate/kilowatt sufficient to cover the City’s costs of electricity plus the maintenance and replacement of the equipment. The actual fiscal impact is subject to numerous variables that will affect the costs and revenues. Staff will monitor the charger utilization as well as operation and maintenance costs closely and return to the Council with adjustments as needed to ensure cost neutrality.
Background
In support of the City’s Climate Action Plan and sustainability goals, the City installed several electric vehicle (EV) charging stations for public use in City owned lots downtown to help promote the adoption of electric vehicle use. Currently there are four city-owned, publicly available EV charging stations, (2) in the “solar lot” at the north-east corner of College and Court Street, (1) in the Library parking lot, and (1) in the First Street parking lot across from City Hall. With the exception of the library lot, each charging station has two charging cords.
Discussion
Since these chargers were installed nearly 5 years ago, EV charging technology has improved significantly and the industry has seen a substantial increase in electric vehicle ownership. Charging at each of these locations has been free to the public since installation and staff has monitored utilization of the spaces. Over the past year, the chargers have been used nearly 100% of the time during normal business hours with frequent utilization into the evening and even overnight. This pattern has demonstrated the growing utilization of electric vehicles. Additionally, it is noted that the heavy utilization is also influenced by the fact that charging is free at each of these locations with no time restriction.
To support continued growth of electric vehicle use, the City applied for and received a $150,000 grant from Sacramento Area Council of Governments (SACOG) to install new public EV charging stations. Given the high demand for use of the existing chargers in downtown, the City is using these funds to install four new Level 2 chargers (2 cords each) in the City-owned parking lot just south of the Hotel Woodland. Work to upgrade the electrical capacity to serve the chargers, plus capacity for four additional chargers, was recently completed. The City has purchased the new ChargePoint charging stations and anticipates installation being completed by the end of the calendar
year. Concurrently, the city will be replacing the chargers in the Solar, Library, and First Street lots with similar equipment.
The new chargers will be equipped with the ability to charge a fee for utilization. To help promote efficient utilization of the charging space and begin to off-set the City's expenses for installing and maintaining the charges, staff is recommending the City establish a fee and begin charging users upon installation of the new chargers. To determine an appropriate fee, staff evaluated rates for similar public and private charging stations in the region. The proposed fee of $0.49/ kWh will cover the City’s costs for electricity, which currently range from $0.324 - $0.432 / kW, as well as the projected cost for maintenance and replacement of the chargers. Additionally, to further encourage turn-over of the EV charging parking spaces, an idle fee of $2.50 for every 30 minutes the vehicle is plugged in and not actively charging is proposed. While rates and fee structure vary somewhat, what was found was that the proposed rate was in-line with what is charged at equivalent charging stations. The City of Winters recently completed their new city-owned public charging stations under the same grant program. The approved rate for these chargers is also set at $0.49.
Conclusion
Staff recommends that the City Council hold a public hearing and adopt Resolution No. _____, setting fees for use of City-owned Electric Vehicle Chargers.
Attachments:
1. Resolution
2. City-Owned EV Charger Locations
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND
SETTING FEES FOR USE OF CITY-OWNED ELECTRIC VEHICLE CHARGERS WHEREAS, the City of Woodland adopted a Final 2035 Climate Action Plan in May 2017, which includes objectives to install or support the installation of electric vehicle (EV) charging stations distributed throughout downtown and major shopping locations, and along major travel routes; and
WHEREAS, the City of Woodland has installed three dual EV charging stations and one single EV charging station in three public parking lots in Downtown Woodland at and near City Hall and the Woodland Public Library; and
WHEREAS, the City of Woodland plans to continue to install EV charging stations in public parking lots to promote and encourage the use of electric vehicles; and WHEREAS, the City of Woodland desires to establish a fee schedule for use of City- owned EV charging infrastructure, to facilitate recovery of costs for electricity, maintenance, replacement, monitoring, and construction of such infrastructure; and WHEREAS, staff researched and compared existing energy rates from PG&E/VCE at the charging locations to other charging stations around the region; and WHEREAS, in accordance with Government Code section 66018, the City Council called a public hearing for November 21, 2023, to receive public comments on the proposed fees.
Notice of the public hearing was given by publication in a newspaper of general circulation within the City once a week for two weeks commencing at least 10 days prior to the public hearing, with at least 5 days intervening between the first and last publication. On November 21, 2023, at the time and place set for the public hearing, the City Council heard and considered all oral and written presentations and comments made regarding the proposed fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
SECTION 1. The above Recitals are true and correct and by this reference incorporated herein.
SECTION 2. The City of Woodland Comprehensive Fee Schedule be amended to include the following charges for the electric vehicle charging stations located within the City of Woodland as follows:
•A flat rate of $0.49 per kwh
•An occupancy rate of $2.50 per 30 every minutes starting 30 minutes after the vehicle has been fully charged or reached its target charging level
SECTION 3.The Charging Fee shall become effective January 1, 2024 and implemented upon the installation of EV charging infrastructure capable of allowing the public to pay the fee for use of City-owned electric vehicle charging space.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 21st day of November 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Vicky Fernandez, Mayor
ATTEST:
Ana B. Gonzalez, City Clerk
City-owned EV
Charging Stations
Existing:
Solar Lot (2)
Library Lot (1)
First Street Lot (1)
New January 2024
Hotel Woodland
Lot (2)
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: November 21, 2023
ITEM #: K.16
SUBJECT: Rotation of Mayor and Mayor Pro Tempore
Recommendation for Action: Staff recommends that the City Council designate the Council members to serve as Mayor and Mayor Pro Tempore for the following year, effective at the first meeting in December 2023.
Staff Contact: Ken Hiatt, City Manager, (530) 661-5800, [email protected]
Background:
In the fall of 2016 the City Council amended Title II of the Municipal Code establishing annual rotating terms for the office of Mayor and Mayor Pro Tempore. Specifically, the Municipal Code provides that:
At the first City Council meeting in December of every odd year (and the first meeting following the certification of election results of any municipal general election), the city council shall designate its presiding officer who shall have the title of Mayor. The council member who served as Mayor Pro Tempore immediately prior to this meeting shall be designated as Mayor. (Section 2.08.010).
Additionally, at the same meeting at which the Mayor is selected, the City Council shall also designate one of its members as Mayor Pro Tempore, who shall perform the duties of the mayor during the mayor’s absence or disability. The Mayor Pro Tempore shall be selected from among the council members on a rotating basis in accordance with their district numbers. (Section 2.08.030).
The Municipal Code further states that both the Mayor and Mayor Pro Tempore serve in their respective capacities at the pleasure of the City Council.
Discussion:
Currently, Council member Vicky Fernandez (District 4) serves as Mayor and Council member Tania Garcia-Cadena (District 3) serves as Mayor Pro Tempore. Pursuant to the process spelled out in the Municipal Code, Council member Tania Garcia-Cadena would be in line to be designated as Mayor and Council member Rich Lansburgh (District 1) would be designated as Mayor Pro Tempore.
Position changes will be effective immediately prior to the December 5th regularly scheduled City Council meeting. Both positions would be held for a period of one year, with the next rotation occurring at the first regular meeting following certification of the election results of the November 2024 municipal general election.
Conclusion:
Staff recommends that the City Council designate the Council members to serve as Mayor and Mayor Pro Tempore for the next twelve months, pursuant to Title II of the Woodland Municipal Code, effective at the Council's first meeting in December 2023.
Attachments:
1. Chapter 2.08 MAYOR AND MAYOR PRO TEMPORE
Woodland, California Municipal Code
Title 2 ADMINISTRATION
Chapter 2.08 MAYOR AND MAYOR PRO TEMPORE
2.08.010 Appointment and removal.
2.08.020 Duties of Mayor.
2.08.030 Mayor Pro Tempore.
2.08.010 Appointment and removal.
A. During the first City Council meeting following the certification of election results after any general municipal City election at whichCouncil members are elected and during the first City Council meeting in December of every odd year beginning in 2017, the City Councilshall meet and designate its presiding officer who shall have the title of Mayor. The Council member who served as Mayor Pro Tempore inaccordance with Section 2.08.030 immediately prior to this meeting shall be designated as Mayor. The Mayor shall serve a term of one year.The Mayor shall serve in this capacity at the pleasure of the City Council.
B. Should the person who was selected as Mayor Pro Tempore in accordance with Section 2.08.030 no longer be a Council member atthe time of the above-referenced meeting, the remaining Council members shall select one of their members to serve as Mayor by a majorityvote, in a manner intended to allow each Council member the opportunity to serve as Mayor for one year during their term to the extentpossible. (Ord. 1696 § 1, 2022; prior code § 2-2-1)
2.08.020 Duties of Mayor.
The Mayor shall perform those duties required by law or which, consistent with the office, the Mayor voluntarily assumes within thelimitations of the law and the limitations imposed by the Council. (Prior code § 2-2-2)
2.08.030 Mayor Pro Tempore.
At the same meeting at which the Mayor is selected in accordance with Section 2.08.010(A), the City Council shall also designate one of itsmembers as Mayor Pro Tempore, who shall perform the duties of the Mayor during the Mayor’s absence or temporary disability. The MayorPro Tempore shall be selected from among the Council members on a rotating basis in accordance with their district numbers, in a mannerintended to allow each Council member the opportunity to serve as Mayor for one year during their term, to the maximum extent possible.The Mayor Pro Tempore shall serve in this capacity for one year and shall serve at the pleasure of the City Council. (Ord. 1696 § 2, 2022;prior code § 2-2-3) Contact:
City Clerk: 530-661-5806
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