If you need assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the City Council, the City is happy to assist you. Please contact City offices at (530) 822-4817 at least 72 hours in advance so such aids or services can be arranged. City Hall TTY: 530-822-4732 AGENDA
AUGUST 16, 2022
REGULAR MEETING CITY COUNCIL AND
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
CITY COUNCIL
CITY OF YUBA CITY
5:00 P.M. CLOSED SESSION
SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Dave Shaw
VICE MAYOR ● Wade Kirchner
COUNCILMEMBER ● Marc Boomgaarden
COUNCILMEMBER ● Grace Espindola
COUNCILMEMBER ● Shon Harris
CITY MANAGER ● Diana Langley
CITY ATTORNEY ● Shannon L. Chaffin
1201 Civic Center Blvd
Yuba City CA 95993
Wheelchair Accessible
AGENDA
REGULAR MEETING CITY COUNCIL AND
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
CITY COUNCIL - CITY OF YUBA CITY
AUGUST 16, 2022
5:00 P.M. CLOSED SESSION
SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s office at 1201 Civic Center Blvd., Yuba City, during normal business hours. Such documents are also available on the City of Yuba City’s website at www.yubacity.net, subject to staff’s availability to post the documents before the meeting.
The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link: https://us06web.zoom.us/webinar/register/WN_dwR4OZlGQUat8NUVq5Xs2g. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.
Public Comment:
Any member of the public wishing to address the City Council on any item listed on the closed session agenda will have an opportunity to present testimony to the City Council in the Council Chamber prior to the City Council convening into closed session. Comments from the public will be limited to three minutes. No member of the public will be allowed to be present once the City Council convenes into closed session.
Closed Session
A. Conference with real property negotiator (Govt. Code § 54956.8) Properties:
APN: 51-62-026, 1.58 acres generally located on Providence Court, west of Clark Avenue and south of Kensington Way, Yuba City, CA 95991
APN: 51-660-084, 0.19 acres generally located on Providence Court, west of Clark Avenue and south of Kensington Way, Yuba City, CA 95991
APN: 57-150-001, 0.47 acres located at 217 S Walton Avenue, Yuba City, CA 95991 APN: 57-150-050, 1.0 acres located at 211 S Walton Avenue, Yuba City, CA 95991
APN: 57-220-065, 0.11 acres generally located on S Walton Avenue between 211 and 217 S Walton Avenue, Yuba City CA 95991
Negotiator: Diana Langley, City Manager
Negotiating parties: Habitat for Humanity
Under negotiation: Price and terms of payment
Regular Meeting and the Successor Agency to the Redevelopment Agency Call to Order
Roll Call
__ Mayor Shaw
__ Vice Mayor Kirchner
__ Councilmember Boomgaarden
__ Councilmember Espindola
__ Councilmember Harris
Invocation/Inspiration
Pledge of Allegiance to the Flag
City Attorney's Report on Closed Session Items, City Attorney Shannon Chaffin Agenda Modifications/Approval of Agenda
Ceremonial Presentations
1. Cindy Rosser Cowgirl Hall of Fame Proclamation
2. The Chinese Garden Proclamation
3. Farmers Market Proclamation
Public Communication
4. Appearance of Interested Citizens
You are welcome and encouraged to participate in this meeting. Public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda will be considered at this time. Public comment is limited to three minutes per speaker. Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted five minutes to comment per speaker.
Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.
Consent Calendar
All matters listed under Consent Calendar are considered to be routine and can be enacted in one motion. There will be no separate discussion of these items prior to the time that Council votes on the motion unless members of the City Council request specific items to be discussed or removed from the Consent Calendar for individual action.
5. Minutes of the July 19, 2022 meeting
Recommendation: Approve the July 19, 2022 minutes
6. Approve Regional Appointments to the Feather River Air Quality Management District (FRAQMD) Board of Directors for 2022
Recommendation: Approve the Appointment of Councilman Stuart Gilchrist to serve as the City of Marysville Representative on the FRAQMD Board of Directors
7. Creation of City Clean-Up Fund
Recommendation: Adopt a Resolution authorizing the Finance Director to create a Capital Improvement Program Account for City Clean-Up and approve a supplemental appropriation of $50,000 from
unallocated General Fund to the City Clean-Up account
8. Consideration of Inclusion of Delinquent Charges and Penalties for Water and Wastewater Services on Secured Tax Roll
Recommendation: A. Conduct a Public Hearing, and after consideration; B. Adopt a Resolution for the inclusion of delinquent charges and penalties for water and wastewater services on the secured tax roll in the same manner as the general taxes and directing that a lien also be placed on the subject properties
9. 200-Year Urban Level of Flood Protection Finding
Recommendation: Adopt a Resolution acting as the land-use agency for the City of Yuba City accepting evidence in support of a Finding of 200- year flood protection
10. Heng's Cafe - Department of Alcoholic Beverage Control Application Recommendation: Adopt a Resolution making a finding of public convenience or necessity for the issuance of a Type 41 restaurant (beer and wine) Alcoholic Beverage Control (ABC) License at 1270
Stabler Ln. Suite 320 (Heng’s Café)
11. Homes2Families - Agreement Update
Recommendation: Adopt a Resolution to approve the updated Homes2Families Agreement with Regional Housing Authority (RHA)
12. Henson Ranch Estates – Phase 1 (Annexation #3 of property in CFD 2021-1) Recommendation: Adopt a Resolution annexing a certain area, Henson Ranch Estates – Phase 1, within the City Limits into an existing Community Facilities District (CFD No. 2021-1) to fund
municipal services, and filing said Resolution, along with the Third Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter
13. Signatory Authority - Restricted Grant Agreement: Plumas Street Historic District and Water Tower Improvements
Recommendation: Adopt a Resolution authorizing the City Manager to execute Restricted Grant Agreements, Amendments, and Related
Documents with the State of California Department of
Transportation for the City of Yuba City Plumas Street Historic and Water Tower Park Improvements Project
14. Wastewater Treatment Facility Temporary Discharge Point 003 (Plans & Specifications)
Recommendation: Adopt a Resolution approving the plans and specifications for the Wastewater Treatment Facility Temporary Discharge Point
003 Project (22-12) and authorizing advertisement for bids on the project
15. Extension of time for Development Plan 20-03, Richland Village Affordable Housing Development, and the associated funding commitment Recommendation: Approve a two-year extension of time for Development Plan 20- 03 and the associated funding commitment, pursuant to City Municipal Code Section 8-5.7106, resulting in a new expiration date of January 19, 2025
Business Items
16. Consideration to approve Development Plan 22-01: Yuba City Self-Storage Recommendation: A. Conduct a Public Hearing; and
B. Adopt a Resolution to approve Environmental Assessment 22-03 by adopting a Mitigated Negative Declaration, subject to the Conditions of Approval and Mitigation Measures, and approve Development Plan 22-01, Yuba City Self-Storage, on
9.52 acres, located along the south side of Colusa Highway Frontage Road approximately 720 feet west of the intersection of Colusa Frontage Road and George Washington Boulevard (Assessor’s Parcel Number 63-020-140)
17. Yuba City Residential Street Light Maintenance Districts (Walton Area and Tierra Buena Area) Levying Assessments
Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2022-23 within Yuba City Residential Street Light Maintenance District No. 1 (Tierra Buena) and Residential Street Light Maintenance District No. 1 (Walton Area)
18. Yuba City Landscape Maintenance District No. 1 (Stabler Lane/Garden Highway Area) Levying Assessments
Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2022-23, pursuant to the Landscaping and Lighting Act of 1972
19. Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, & 5 (Town Center and 69 subdivisions throughout Yuba City), and Yuba City Lighting and Landscape Maintenance District No. 5 (Commercial District) Levying Assessments
Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2022-23 for the Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5, & 6 (Town Center, 69 subdivisions throughout Yuba City including the Palisades Subdivisions and Butte Vista neighborhood, and
commercial district)
20. Declaration of Surplus Land – Successor Agency to the Yuba City Redevelopment Agency Properties
Recommendation: Adopt a Resolution declaring certain Successor Agency-owned properties to be surplus land and directing the City Manager to follow the procedures set forth in the Surplus Land Act for the sale of such properties
Future Agenda Items
21. Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Espindola
- Councilmember Harris
- Vice Mayor Kirchner
- Mayor Shaw
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
22. City Manager's Report
23. City Council Reports
- Councilmember Boomgaarden
- Councilmember Harris
- Councilmember Espindola
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment
Proclamation
of the City Council
Cindy Rosser
ProRodeo Hall of Fame - 2022
WHEREAS, Marysville native and all-around Cowgirl Cindy Rosser was inducted into the 2022 ProRodeo Hall of Fame on July 16, 2022, in Colorado Springs, Co; and WHEREAS, Cindy was born and raised in Marysville, daughter of legendary cowboy Cotton and Linda Rosser. She grew up riding and training horses and the rodeos runs deep in her veins, it is her life work; and
WHEREAS, she joined the Girls Rodeo Association/Women’s Professional Rodeo Association (WPRA) in 1969 and served 20 plus years on the Board of Directors; and WHEREAS, Cindy’s life and career has been heavily involved in everything rodeo. Cindy has been awarded:
1986 Professional Rodeo Cowboy Association Secretary of the Year 1998 National Finals Rodeo Secretary
2012 RAM National Circuit Finals Rodeo Secretary
Presented the American Flag in countless opening rodeo ceremonies Trained numerous horses on specialty tricks such as, to jump through paper, stand in a Liberty Bell, a birthday cake, a ring of fire and more
Produced and designed openings and sponsor flags at the National Final Rodeo for 10 years
WHEREAS, in 1995 Cindy was named the Coca-Cola WPRA Woman of the Year, in 2015 she received the Lenora Reimer Heritage Award through the WPRA and in 2019 was honored with the Tad Lucas Award from the National Cowboy Museum; and WHEREAS, 2020 she was chosen as the recipient of PRCA’s Donita Barnes Contract Personnel Lifetime Award. Cindy is also a member of American Bucking Bull, Inc. and has sat on the Board of Directors for more than six years; and
WHEREAS, Cindy Rosser has been a loyal supporter of the Women’s Professional Rodeo Association for decades and has worked, lived, breathed every facet of the rodeo industry.
NOW, THEREFORE, BE IT RESOLVED, I, Dave Shaw, Mayor of the City of Yuba City and on behalf of the entire City Council, do hereby recognize and honor Cindy Rosser for being inducted to the 2022 ProRodeo Hall of Fame. We urge all residents of the City of Yuba City to join me in celebrating Cindy Rosser’s success and induction to the 2022 ProRodeo Hall of Fame!
Done on this 16th day of August 2022 in the City of Yuba City, County of Sutter, State of California.
Proclamation
of the City Council
The Chinese Garden
WHEREAS, the City of Yuba City would like to celebrate and recognize the Yip family, owners of The Chinese Garden for 35 years in business; and
WHEREAS, on July 15, 1987, The Chinese Garden was established and opened its doors at 812 Gray Avenue after relocating from Marysville California, where it operated as The Bamboo Garden for ten years; and
WHEREAS, the Chinese Garden has become an icon in the community and is known as “THE Chinese Restaurant”; and
WHEREAS, they actively donate back to the community in the form of donations and sponsorships over the years to countless organizations and charities; and WHEREAS, the name Yip has become synonymous with the annual Bok Kai Parade and the Hop Sing Organization; and
WHEREAS, the Chinese Garden became a business to imitate in the midst of a global pandemic and its ability to adapt to a hugely successful take out method; and WHEREAS, the Chinese Garden employs several employees and between MiMi (mom), Anna and Peter have a combined 135 years in the business.
NOW, THEREFORE BE IT RESOLVED, that I, Dave Shaw, Mayor of the City of Yuba City and on behalf of our entire City Council, do hereby applaud and congratulate the Yip Family the owners of The Chinese Garden on the 35th Anniversary of their model business and look forward to many more years to come.
Done on this 16th day of August 2022 in the City of Yuba City, County of Sutter, State of California.
Proclamation
of the City Council
Farmers Market
August 7–13, 2023, as National Farmers Market Week
WHEREAS, Farmers Markets serve as significant outlets for small-to-medium, new and beginning, agricultural producers to market a variety of products, in turn generating revenue that supports the sustainability of family farms and the revitalization of rural communities nationwide; and
WHEREAS, the market is a place where food is sold directly from the farmer to the consumer, farmers and ranchers provide our community with access to healthy foods produced locally and regionally through farmers markets, which are expanding and evolving to accommodate the demand for a diverse array of agricultural products; and WHEREAS, Farmers Markets offer low-income women, infants, children, and seniors participating in the WIC and Senior Farmers' Market Nutrition Programs, respectively, the opportunity to redeem their benefits for fresh produce; and WHEREAS, the Farmers Market is a gathering place to bring your children, your family, listen to some local music, meet up with friends or just get a taste of small-town life in downtown Yuba City; and
WHEREAS, the Silva family, and Desiree Silva, were the market founders, and for many years, have been the Yuba City Certified Farmers Market managers, who oversee market events every week, and represent and promote the market in the community, and have supported for over 25 years the WIC and Senior Farmers Market Nutrition Programs.
NOW, THEREFORE, BE IT RESOLVED, I, Dave Shaw, Mayor of the City of Yuba City and on behalf of the entire City Council, do hereby proclaim the week of August 7–13, 2022, as National Farmers Market Week. We call upon the people of Yuba City and our local area to celebrate Farmers Markets, the market managers’ and farmers’ who provide wholesome produce for all.
Done on this 16th day of August 2022 in the City of Yuba City, County of Sutter, State of California.
CITY OF YUBA CITY
Public Communication
Members of the public may address the City Council on items of interest that are within the City’s jurisdiction. Individuals addressing general comments are encouraged to limit their statements.
Procedure
You are welcome and encouraged to participate in this meeting. Complete a Speaker Card located in the lobby and give to the Clerk, public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda, will be considered at this time.
When a matter is announced, wait to be recognized by the Mayor to provide your comments to the Council. Comments should begin by providing your name and place of residence. A three minute limit is requested when addressing Council.
Request for additional time to address Council
Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted 5 minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.
Procedure
When requesting to comment, please indicate your name and the topic and mail to:
City of Yuba City
Attn: City Clerk
1201 Civic Center Blvd
Yuba City CA 95993
Or email to:
Jackie Sillman, City Clerk
[email protected]
Agenda Item 5
CITY OF YUBA CITY
STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes of the July 19, 2022 meeting
Recommendation: Approve the July 19, 2022 minutes
Fiscal Impact: None
Attachments:
1. 07-19-2022 Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:
Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager
ATTACHMENT 1
MINUTES (DRAFT)
CITY COUNCIL – CITY OF YUBA CITY
REGULAR MEETING – JULY 19, 2022
6:00 P.M. COUNCIL CHAMBERS/VIRTUAL
Call to Order
The Regular Meeting of the City Council was called to order by Mayor Shaw at 6:02 PM Roll Call
Present: Councilmembers Boomgaarden, Espindola, Harris, Kirchner and Mayor Shaw
Absent: None
Invocation/Inspiration
Mayor Shaw
Pledge of Allegiance to the Flag
Councilmember Boomgaarden
Agenda Modifications/Approval of Agenda
Consent items 11 & 12 (Lighting and Landscape Maintenance Districts) were voted on separately.
Staff provided Engineering Reports for items Consent items 11 & 12 (LLMD 1 & LLMD 2-6). The website was updated hard copies were made available in the foyer.
Public Communication
1. Appearance of Interested Citizens
The following spoke:
Piara Johl
Dale Whitmore
Frank Schattner
Frank Coats
Consent Calendar
Note: Items 11 & 12 were voted on separately, due to council recusal No public comments received for Consent Calendar items 2-10 Councilmember Espindola moved and Councilmember Harris seconded the motion for consent Items 2 - 10:
2. Minutes from July 5, 2022 meeting
Approved the minutes from July 5, 2022 meeting
3. Purchase of an AP 300 Sprayground for Gauche Aquatic Park (GAP) Adopted Resolution No. 22-105 adopting a CEQA Class 1 Categorical Exemption; and
approving the sole-source purchase of lifefloor tiles and the manufacturing of an AP 300 Sprayground to WhiteWater West Industries Ltd. of Richmond, British Columbia in the amount of $326,333, with the finding that it is in the best interest of the City; and authorizing the City Manager to execute an agreement with WhiteWater West Industries Ltd. of Richmond, British Columbia
4. Faith Court Subdivision (Subdivision Agreement and Final Map Approval) Adopted Resolution No 22-106 approving the execution of a Subdivision Agreement with Faith, LLC, a California Limited Liability Company providing for public improvements associated with the Faith Court Subdivision Map, approving the Faith Court Subdivision Final Map, accepting dedication of rights-of-way and easements shown thereon and authorizing the filing of the map. (Subdivision is located south of Monroe Road and approximately 800 feet east of Royo Ranchero Drive)
5. Small Wireless Telecommunications Facilities within the City's Right-of-Way Adopted Ordinance No. 009-22 of the City Council of the City of Yuba City adding Chapter 8 Wireless Telecommunications Facilities in the Public Right of Way to Title 6 of the Yuba City Municipal Code by title only and waive the second reading
6. California Senate Bill 1205 Compliance Report for State-Mandated Annual Fire Inspections
Adopted Resolution No. 22-107 acknowledging receipt of the Yuba City Fire Department’s annual inspections report and recognizing the Department’s level of compliance with California Health and Safety Code Sections 13146.2, 13146.3, and 13146.4
7. Sam Brannan Restroom Replacement Project Award
Adopted Resolution No. 22-108 adopting a CEQA Class 1 Categorical Exemption; awarding a construction contract to Public Restroom Company in the amount of $234,096 through Sourcewell Contract No. 081721-PRM, with the finding that it is in the best interest of the City; and authorizing the City Manager to execute an agreement for the Sam Brannan Restroom Replacement project
8. Fire Local 3793 Side Letter
Adopted Resolution No. 22-109 approving a Side Letter with Fire Local 3793, effective January 29, 2022, regarding sick leave and overtime calculations through December 31, 2022
9. Designation of Voting Delegates for the League of California Cities Annual Conference in September 2022
Designated Mayor Dave Shaw to serve as the Voting Delegate for the 2022 League of California Cities Annual Conference in September 2022, and designate Vice Mayor Kirchner and Councilmember Harris to serve as first and second alternates, respectively
10. Yuba City Residential Street Light Maintenance Districts (Walton Area and Tierra Buena Area) Resolution of Intent
A. Adopted Resolution No. 22-110 Approving Engineer’s Reports and Declaring Intention to Levy for Yuba City Residential Street Light Maintenance Districts, to continue the Residential Street Light Maintenance Districts, pursuant to the Benefits Assessment Act of 1982
B. Set a Public Hearing for August 16, 2022 at 6:00 PM to establish assessments for Fiscal Year (FY) 2022-23
The motion was passed with a unanimous vote
11. Yuba City Landscape Maintenance District No.1 (Stabler Lane/Garden Highway Area) Resolution of Intent
Mayor Boomgaarden recused himself for Item 11
No public comments received
Councilmember Espindola moved and Councilmember Harris seconded the motion to:
A. Adopted the following Resolutions to continue the Maintenance District, pursuant to the Landscaping and Lighting Act of 1972:
Resolution No. 22-111 Approving the Engineer’s Report, Yuba City Landscape Maintenance District No. 1
Resolution No. 22-112 of Intention to Order Improvements, Yuba City Landscape Maintenance District No. 1
B. Set a Public Hearing for August 16, 2022 at 6:00 PM to establish assessments for FY 22/23
The motion was passed with 4 votes; 1 recusal (Boomgaarden)
12. Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4 & 5 (Town Center and 69 Subdivisions throughout Yuba City), and Yuba City Lighting and Landscape Maintenance District No. 6 (Commercial District) Resolution of Intent Councilmember Harris and Mayor Shaw recused themselves for Item 12 No public comments received
Councilmember Boomgaarden moved and Councilmember Espindola seconded the motion to:
A. Adopted the following Resolutions to continue the Maintenance Districts, pursuant to the Landscaping and Lighting Act of 1972:
Resolution No. 22-113 Approving Engineer’s Reports, Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5 and 6
Resolution No. 22-114 of Intention to Order Improvements and Set a Public Hearing for August 16, 2022 at 6:00 PM to establish assessments for Fiscal Year (FY) 2022-23 , Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5 and 6
The motion was passed with 3 votes; 2 recusals (Harris & Shaw) Business Items
13. Community Sponsorship Requests
Councilmember Espindola recused herself from Item 13
No public comments received
Councilmember Boomgaarden moved and Vice Mayor Kirchner seconded the motion to item A:
Consider the Sponsorship Requests from the Alliance for Hispanic Advancement and Yuba Sutter Arts & Culture, and if approved:
A. Adopted Resolution No. 22-115 to approve a monetary Sponsorship request from the Alliance for Hispanic Advancement (AHA) of up to $3,750.00 to advance Hispanic heritage in our local communities through community action, educational enhancement, and economic development
The motion was passed with 4 votes; 1 recusal (Espindola)
No public comments received
Councilmember Espindola moved and Councilmember Boomgaarden seconded the motion to item B:
B. Adopted Resolution No. 22-116 to approve a monetary Sponsorship request from the Yuba Sutter Arts & Culture of up to $2,500.00 for the support of a Mural Marathon and Utility Box Mini Mural event in Yuba City
The motion was passed with a unanimous vote
14. Wastewater Treatment Facility Effluent Discharge Outfall Diffuser Project – Final Design Amendment
No public comments received
Councilmember Espindola moved and Vice Mayor Kirchner seconded the motion to:
Adopted Resolution No. 22-117 to award Amendment No. 5 to the Professional Services Agreement with CH2M Hill Engineers, Inc. to complete Final Design activities for the Wastewater Treatment Facility Effluent Discharge Outfall Diffuser Project, including new scope of work tasks identified from the design, permitting, and easement acquisition activities, and authorize the City Manager to execute the amendment following approval as to form by the City Attorney, with the finding that it is in the best interest of the City The motion was passed with a unanimous vote
15. 2022 Community Development Block Grant Annual Action Plan and 2021 Action Plan Amendment
Conducted Public Hearing, no public comments received
Councilmember Espindola moved and Vice Mayor Kirchner seconded the motion to:
Adopted Resolution No. 22-118 approving the proposed CDBG 2022 Annual Action Plan and 2021 Action Plan Substantial Amendment and authorize staff to submit the required
documents to the Department of Housing and Urban Development (HUD) for processing The motion was passed with a unanimous vote
Future Agenda Items
16. Future Agenda Items
No suggestions
Reports and Communications
17. City Manager's Report
18. City Council Reports
- Councilmember Espindola
- Councilmember Harris
- Councilmember Boomgaarden
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment
Mayor Shaw adjourned the Regular Meeting of the City Council at 7:36 PM ____________________________
Dave Shaw, Mayor
ATTEST:
_________________________________
Ciara Wakefield, Deputy City Clerk
/js
Agenda Item 6
CITY OF YUBA CITY
STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Approve Regional Appointments to the Feather River Air Quality Management District (FRAQMD) Board of Directors for 2022
Recommendation: Approve the Appointment of Councilman Stuart Gilchrist to serve as the City of Marysville Representative on the FRAQMD Board of Directors Fiscal Impact: None
Purpose:
Approve changes of the member jurisdiction appointments to the Feather River Air Quality Management District Board of Directors.
Background:
The governing body of the Feather River Air Quality Management District is the nine member Board of Directors that includes five members from the two counties and four members from the four incorporated cities. Whenever a jurisdiction changes a member of the FRAQMD Board, the remaining jurisdictions must approve the new appointees.
Analysis:
A request for approval of the recommended members to the Board of Directors has been received from FRAQMD for the City of Marysville representative. This recommendation has been deemed to be compliant with the 2004 Amended and Restated Agreement.
Fiscal Impact:
None
Alternatives:
Do not approve.
Recommendation:
Approve the Appointment of Councilman Stuart Gilchrist to serve as the City of Marysville
Representative on the FRAQMD Board of Directors.
Attachments:
1. City of Yuba City approval of City of Marysville appointment - Stuart Gilchrist 2022 Prepared By: Submitted By:
Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager
541 Washington Avenue
Yuba City, CA 95991
(530) 634-7659
FAX (530) 634-7660
www.fraqmd.org
Christopher D. Brown, AICP
Air Pollution Control Officer
To: City of Yuba City Council Members
From: Christopher D. Brown, AICP, Air Pollution Control Officer Subject: Approval of appointment to the Board of Directors of the Feather River AQMD Date: August 16, 2022
Recommendation:
Approve the new appointment to the Feather River Air Quality Management District Board of Directors for 2022.
Background and Discussion:
In accordance with the Agreement for Composition of the Feather River AQMD Board of Directors, the following new appointment listed below has been made. This action requires the approval of the City of Yuba City Council Members.
Director:
Councilman Stuart Gilchrist – Director (City of Marysville) Fiscal Impact:
None
Committee Action:
None required.
Agenda Item 7
CITY OF YUBA CITY
STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Creation of City Clean-Up Fund
Recommendation: Adopt a Resolution authorizing the Finance Director to create a Capital Improvement Program Account for City Clean-Up and approve a supplemental appropriation of $50,000 from unallocated General Fund to the City Clean-Up account
Fiscal Impact: Total Clean-Up Account Fund - $95,000, broken down as follows:
$50,000 - General Fund
$45,000 - CDBG Funds
Purpose:
To address illegal refuse, vandalism, and other damage to properties throughout the City.
Council's Strategic Goal:
This item addresses Council's goals of Public Safety and Business Friendly, and supports the overarching goal to improve the Quality of Life for Yuba City residents.
Background:
City staff and Councilmembers consistently hear from business and property owners throughout the City about out-of-pocket expenses incurred to address debris, vandalism, clean-up of landscaping, addition of security lighting and cameras, and installation of locking mechanisms on faucets and electrical outlets to deter unauthorized use.
On July 19, 2022, as part of the 2022 Community Development Block Grant (CDBG) Annual Action Plan, City Council authorized the programming of $45,000 for City clean-up for the "abatement of illegal refuse, vandalism, and damage to eliminate blight in low/mod census tracts." Per CDBG requirements, the funding can only be used within low/mod census tract areas within the City.
Analysis:
In order to provide funding for areas that don't qualify for utilization of the CDBG funding, staff recommends that City Council authorize a supplemental appropriation of $50,000 from unallocated General Fund to a new Capital Improvement Program Account for City Clean-Up. If the funding is approved, staff will work with the City's Homeless Liaison Officers and CDBG Analyst to develop a program for utilization of the funds. Options include:
Perform work with City forces and deduct the cost from the project account. City hire contractors for on-call services to support requests from property/business owners. Property/business owners submit an application to utilize the funds either using their own staff or a contractor.
Combination of all of the above.
In addition, the funds may be used to sponsor City clean-up days.
Fiscal Impact:
$45,000 of CDBG funds have already been approved through the 2022 CDBG Annual Action Plan.
Staff is requesting authorization for a supplemental appropriation of $50,000 from unallocated General Fund, which will provide a total of $95,000 in the City Clean-Up project account.
Alternatives:
1. Do not authorize the allocation of $50,000 from the General Fund and limit the utilization of the funding to areas within low/mod census tracts, per CDBG requirements.
2. Modify the allocation from the General Fund.
Recommendation:
Adopt a Resolution authorizing the Finance Director to create a Capital Improvement Program Account for City Clean-Up and approve a supplemental appropriation of $50,000 from unallocated General Fund to the City Clean-Up account.
Attachments:
1. Attachment 1 - Reso - Clean-Up Fund
Prepared By: Submitted By:
Diana Langley
City Manager
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING THE FINANCE DIRECTOR TO CREATE A CAPITAL IMPROVEMENT
PROGRAM ACCOUNT FOR CITY CLEAN-UP AND APPROVE A SUPPLEMENTAL APPROPRIATION OF $50,000 FROM UNALLOCATED GENERAL FUND TO THE CITY
CLEAN-UP ACCOUNT
WHEREAS, City staff and Councilmembers consistently hear from business and property owners throughout the City about out-of-pocket expenses incurred to address debris, vandalism, cleanup of landscaping, addition of security lighting and cameras, and installation of locking mechanisms on faucets and electrical outlets to deter unauthorized use; and, WHEREAS, on July 19, 2022, as part of the 2022 Community Development Block Grant (CDBG) Annual Action Plan, City Council authorized the programming of $45,000 for City clean-up for the “abatement of illegal refuse, vandalism, and damage to eliminate blight in low/mod census tracts”; and
WHEREAS, in order to provide funding for areas that don’t qualify for utilization of CDBG funding, staff recommends that City Council authorize a supplemental appropriation of $50,000 from unallocated General Fund to a new Capital Improvement Program Account for City Clean-Up; and
WHEREAS, a City Clean-Up fund addresses the City Council’s goals of Public Safety and Business Friendly, and supports the overarching goal to improve the Quality of Life for Yuba City residents.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Yuba City does hereby authorize the Finance Director to create a Capital Improvement Program Account for City CleanUp and approve a supplemental appropriation of $50,000 from unallocated General Fund to the City Clean-Up account.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 16th day of August, 2022.
AYES:
NOES:
ABSENT:
________________________________
Dave Shaw, Mayor
ATTEST:
________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
______________________________
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Agenda Item 8
CITY OF YUBA CITY
STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Katrina Woods, Customer Service Manager Summary
Subject: Consideration of Inclusion of Delinquent Charges and Penalties for Water and Wastewater Services on Secured Tax Roll
Recommendation: A. Conduct a Public Hearing, and after consideration; B. Adopt a Resolution for the inclusion of delinquent charges and penalties for water and wastewater services on the secured tax roll in the same manner as the general taxes and directing that a lien also be placed on the subject properties
Fiscal Impact: $125,977.17 and 309 accounts in utility revenues will be collected through the County property tax roll
Purpose:
To recover delinquent water and wastewater charges through the placement of a lien on the secured property tax roll of subject properties.
Council Strategic Goal:
Fiscal Responsibility
Background:
The Finance Department actively manages utility receivables and pursues delinquent service charges within the limits allowed by State law, and is consistently researching new tools for successful collections. Closed accounts with a remaining balance are attempted to be collected through various efforts. Some tools used for collection include the following:
Billing notices – Updating billing addresses to ensure bills are being delivered to the correct locations. Upon closing of a tenant occupied property, a dual notice is mailed to the property owner on file as well. Property owners are also made aware of debt on tenant accounts through the requirement set in Municipal Code Sec. 6-6.10, which states that no new account can be established for service at a property with a delinquent balance. At such time, a property owner is contacted and is required to establish services in their name until the debt is resolved. Transfers – If a customer listed on the utility bill resides at a Yuba City property receiving a utility
bill, unpaid balances can be transferred to the current residence. Demand letters – Unpaid accounts receive up to three demand letters notifying the customer of unpaid balances and repercussions if bill is not paid in full, or a payment plan is not established during an allotted amount of time. After the initial billing period for the final bill, a balance reminder is mailed to the customer, giving a two-week timeline for response. Upon conclusion of this time frame, a collections notice is sent to the customer, allowing for a ten-day window for response. After ten days, phone calls are made to each customer with a balance due to attempt to resolve the balance before progressing to external collection agency efforts. A dual collections notification is also sent to the property owner on file at this time. Collections agency – Staff can utilize the assistance of a collections agency that can report the debt to the credit reporting agencies, at the cost of a 40% collection rate. Tax Intercept – Unpaid accounts are reported to the Franchise Tax Board annually for tax interception.
On June 21, 2016, Council adopted a municipal code update that allows for unpaid accounts to be included on the property tax bill. The option of inclusion on the property tax bill and the placement of a lien on the properties is another tool that staff can utilize for collection efforts.
Analysis:
In May, a list of accounts was prepared with unpaid service charges on final (closed) accounts, as well as active accounts with exceptionally high balances. Notices were mailed to each property owner with a delinquent account, encouraging them to pay, announcing an administrative hearing held on July 28, 2022 on the delinquent accounts, and the Public Hearing before the City Council on August 16, 2022. A public notice was also posted for two consecutive weeks prior to the August 16th hearing date.
No customers appeared at the July 28, 2022 administrative hearing. However, one customer did come into the office on August 1, 2022. The account was discussed and a plan for communication with tenant and owner, on an ongoing basis, was made. Resolution on the account is expected before final submission to the County.
Payments are recorded daily. The report listing the delinquent accounts is attached as Exhibit B and lists delinquencies as of August 3, 2022. Some accounts may be paid before a final delinquent list is prepared and transferred to Sutter County.
Fiscal Impact:
Every year a number of accounts go uncollected for various reasons. The Finance Department exhausts all collections efforts, both internally and through external agencies. By including the delinquent water and wastewater charges on the secured property tax roll and placing a lien on subject properties, staff ensures that all attempts have been made to collect monies that are owed to the City. If accounts are not collected, other utility customers will absorb the cost through rates in order to fill the void of revenue. This becomes an issue of fair and reasonable treatment of customers. The attached list of properties is recommended to have liens placed on the tax bills for 309 accounts totaling $125,977.17 in unpaid utility revenues.
Alternatives:
The Council may modify the report listing the delinquent accounts attached as Exhibit B or provide staff with alternative direction based on testimony received at the public hearing or based on any other information.
Recommendation:
Adopt a Resolution for the inclusion of delinquent charges and penalties for water and wastewater services on the secured tax roll in the same manner as the general taxes and direct that a lien also be placed on the subject properties.
Attachments:
1. Resolution
2. List of Delinquent Accounts
3. Sample Delinquency Letter
Prepared By: Submitted By:
Katrina Woods
Customer Service Manager
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING COLLECTION OF DELINQUENT WATER AND/OR
WASTEWATER CHARGES ON THE TAX ROLL WITH GENERAL
TAXES
WHEREAS, Section 5473 of the Health and Safety Code of the State of California and the Yuba City Municipal Code Sections 6-5.706 and 6-6.10 authorize the City to make an election to collect delinquent water and wastewater charges on the tax roll along with general taxes; and
WHEREAS, the City has exhausted other methods of collection of delinquent water and wastewater charges; and
WHEREAS, the City of Yuba City’s Municipal Code, Sections 6-5.706 and 6-6.10 assign the payment responsibility as the property owners, stating, Notwithstanding any provisions of this chapter, the property owner shall be additionally responsible for payment of all unpaid water/sewer bills and other fees owed to the City. Any agreement between landlords and tenants to the contrary will not relieve the landlord or record owner of the property of the responsibility for payment of the water and/or sewer service charges to the City; and
WHEREAS, the City provided citizens an opportunity to review and protest the amount of delinquent charges scheduled for collections through the property tax roll.
Notices were publicly posted two weeks prior to the hearing, and individual notices were mailed to each customer with a delinquent account, encouraging them to pay and announcing the public hearing, which was held on August 16, 2022.
WHEREAS, the report listing the delinquent water and sewer charges is attached as Exhibit “B” (“Report”) and a notice of the report’s filing and hearing schedule was published once a week for two successive weeks prior to the hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY DOES HEREBY RESOLVE AS FOLLOWS: The City elects to collect delinquent water and wastewater charges on the tax roll. The Report listing the delinquent charges attached as Exhibit “B” is approved and adopted. The City Clerk is authorized to file the approved Report with the Finance Director for submittal to Sutter County to include the delinquent charges on the tax roll against the properties described in the attached report. The delinquent charges shall constitute a lien against each of the properties.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 16th day of August 2022.
AYES:
NOES:
ABSENT:
____________
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
_______________________________
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
Account # Balance Due APN
605289‐14 257.50 $ 052461017000
562592‐07 388.80 $ 052193007000
561229‐03 103.20 $ 052142012000
680918‐08 734.60 $ 052520047000
922956‐05 81.50 $ 054050005000
100390‐05 310.80 $ 057213019000
801029‐14 4,029.00 $ 053232010000
103330‐08 1,086.50 $ 056080046000
641081‐06 101.30 $ 052082013000
721123‐07 863.80 $ 053140029000
000418‐01 173.90 $ 058170010000
001141‐09 1,205.10 $ 058190002000
361873‐10 74.00 $ 051316007000
200496‐12 97.70 $ 051210027000
002350‐06 156.50 $ 062320039000
051070‐10 248.80 $ 056292015000
720976‐11 123.30 $ 053151005000
928314‐06 1,210.30 $ 055030003000
562941‐02 871.70 $ 052191008000
929028−4 2,446.00 $ 054060053000
240423−4 1,557.60 $ 051175012000
723055−6 1,062.40 $ 053213047000
090510−4 1,359.70 $ 062200015000
102150−2 782.40 $ 056090056000
031270−5 355.90 $ 057183007000
102312−4 752.60 $ 056240067000
013875‐4‐5 1,421.10 $ 022241011000
031845−4 606.30 $ 026161009000
033100−2 614.40 $ 057202014000
360697−10 666.20 $ 051091016000
604739−0 981.20 $ 052461030000
012105−3 551.40 $ 022342005000
103658−1 683.10 $ 056140077000
001955−2 664.00 $ 055200019000
000388−1 631.60 $ 057260042000
604763−3 1,192.20 $ 052461041000
014170−0 511.40 $ 022252009000
103722−3 607.60 $ 056130043000
601147−2 900.10 $ 052075002000
030920−1 153.60 $ 057191005000
101090−7 589.50 $ 056250051000
801013−5 546.60 $ 053232004000
Exhibit 2 ‐ City of Yuba City Delinquent Utility Accounts
362972−4 488.40 $ 051111009000
754660−4 494.30 $ 057130026000
281006−15 446.80 $ 051470029000
031860−2 549.40 $ 026161012000
755365−2 502.30 $ 057220014000
010150−8 423.00 $ 022183010000
100954−2 465.70 $ 056220010000
755221−2 559.80 $ 057220043000
775175−5 575.90 $ 056080063000
102842−9 517.40 $ 056140023000
014070−3 581.10 $ 022251018000
051340−6 400.30 $ 056293004000
755828−1 508.00 $ 057250030000
004069−4 359.00 $ 063110048000
000562−9 492.50 $ 057260004000
000182−9 498.70 $ 058180055000
101320−1 535.80 $ 056240034000
800313−12 515.00 $ 053452009000
361198−0 457.40 $ 051424016000
012785−5 363.90 $ 022312005000
033390−11 363.60 $ 057022021000
102968−3 486.80 $ 057120043000
051255−1 358.40 $ 056294011000
010495−9 369.00 $ 022161007000
031210−2 351.00 $ 057183019000
929052−1 436.20 $ 054060026000
560935−6 430.40 $ 052172014000
800788−2 438.80 $ 053421002000
012830−8 336.80 $ 022364001000
868157−4 518.00 $ 058110094000
800794−2 745.40 $ 053441002000
800651−6 742.50 $ 053431008000
361069−4 415.40 $ 051423009000
762333−3 415.40 $ 053312014000
775045−6 457.90 $ 056080090000
014190−0 323.90 $ 022253005000
032370−0 323.90 $ 057172021000
100776−4 438.30 $ 056190023000
102958−0 438.30 $ 056120029000
102934−3 446.30 $ 056130019000
800130−3 407.90 $ 053213008000
101316−9 433.60 $ 056240032000
011240−3 321.60 $ 022392003000
103806−8 429.20 $ 056240075000
004412−1 415.00 $ 059610026000
013000−4 310.30 $ 022363007000
094680−2 310.30 $ 023350010000
755140−4 461.30 $ 057220059000
241990−4 407.40 $ 051244026000
003515−0 304.30 $ 026142009000
722182−0 391.50 $ 053181012000
774960−3 428.60 $ 056070001000
100650−2 416.10 $ 056173006000
869718−1 361.60 $ 058140038000
440829−3 529.50 $ 059380005000
723037−11 329.60 $ 053264003000
800412−2 385.50 $ 053442005000
640834−2 397.90 $ 052121007000
400384−10 407.20 $ 059261001000
921852−3 441.90 $ 054100027000
011680−2 297.50 $ 022171025000
562105−9 412.20 $ 052183005000
002243−2 445.80 $ 055200029000
428336−8 382.50 $ 059400022000
927199−4 385.90 $ 055040021000
051065−0 294.70 $ 056292014000
868054−10 422.40 $ 058110044000
010005−2 294.00 $ 022080060000
802551−6 350.70 $ 053419011000
000953−4 379.30 $ 053419028000
360916−3 224.20 $ 051422022000
480684−14 379.30 $ 059191001000
561674−5 379.30 $ 052181008000
800641−10 379.30 $ 053423001000
982608−3 379.30 $ 055100033000
201877−6 379.10 $ 051185015000
002460−9 355.60 $ 057380042000
603418−2 381.30 $ 052270038000
001438−5 377.80 $ 055180062000
602754−13 377.80 $ 052221016000
643069−6 377.80 $ 052353005000
602715−3 367.80 $ 052216006000
928992−6 375.80 $ 054060078000
724630−7 261.00 $ 053390028000
361880−2 373.30 $ 051317005000
800736−7 363.70 $ 053421020000
001208−1 371.10 $ 055190071000
602499−1 369.30 $ 052213005000
000177−1 415.20 $ 058180017000
001134−10 418.70 $ 055160059000
946117−3 395.80 $ 055050004000
000788−4 363.90 $ 055140002000
361748−7 362.90 $ 051315022000
091235−0 250.70 $ 062220005000
800564−12 361.40 $ 053441005000
641697−5 304.90 $ 052292011000
100195−3 387.70 $ 057212009000
000810−6 303.20 $ 055140053000
003134−8 302.90 $ 051650111000
001229−16 302.60 $ 057330080000
002712−6 302.60 $ 052342045000
240597−7 302.60 $ 051163006000
361742−8 302.60 $ 051315020000
428126−9 302.60 $ 059370030000
428378−3 302.60 $ 059400036000
441646−1 302.60 $ 059500019000
561739−14 302.60 $ 052182030000
642475−6 302.60 $ 052362017000
762350−3 302.60 $ 053312007000
802457−7 302.60 $ 053414012000
802526−18 302.60 $ 053416001000
928352−3 305.70 $ 055020050000
428027−4 302.60 $ 059370063000
921426−3 302.60 $ 054140016000
000955−2 328.00 $ 057330016000
800455−4 319.00 $ 053433008000
003234−2 328.20 $ 062400014000
800890−6 522.10 $ 053233001000
360943−10 303.80 $ 051422003000
102750−5 382.70 $ 056140021000
800791−2 645.80 $ 053421035000
361282−1 345.10 $ 051425030000
000969−7 344.90 $ 056310049000
721777−16 343.50 $ 053161005000
774905−0 370.40 $ 056070072000
774880−1 370.40 $ 056070075000
775430−0 370.40 $ 056210075000
928514−1 344.50 $ 054070020000
561061−8 469.80 $ 052145007000
605310−1 340.80 $ 052461018000
002555−11 340.20 $ 057380003000
800724−11 340.20 $ 053422007000
003948−2 343.50 $ 059600037000
440755−9 383.10 $ 059320053000
362951−0 338.10 $ 051111005000
101194−3 360.50 $ 056150014000
600857−7 333.60 $ 052052005000
680599−2 1,025.40 $ 052501021000
030185−9 245.30 $ 057052005000
680552−7 330.10 $ 052514004000
000784−2 347.20 $ 059550006000
562084−3 441.00 $ 052156009000
927027−5 410.80 $ 055020007000
641021−4 373.80 $ 052087007000
102430−7 365.20 $ 056080020000
070025−0 225.30 $ 051511002000
361196−1 321.80 $ 051424015000
000080−2 361.60 $ 055150005000
070140−5 227.90 $ 051514010000
643329−4 329.00 $ 052363012000
000553−6 440.40 $ 055130024000
010525−2 230.30 $ 022161013000
000332−9 366.50 $ 051280054000
004614−0 315.10 $ 053433020000
441682−4 373.50 $ 059500037000
428318−10 349.00 $ 059400016000
562328−12 326.10 $ 052161007000
742086−3 323.00 $ 053050038000
362855−2 310.50 $ 051121014000
800592−3 310.40 $ 053424001000
803458−6 331.80 $ 053482003000
841544−10 304.50 $ 058091013000
003004−5 374.60 $ 051640023000
802851−1 304.40 $ 053418001000
762062−6 324.10 $ 053314026000
802857−3 303.90 $ 053418003000
802242−1 334.10 $ 053470050000
361258−6 316.80 $ 051425026000
681969−4 188.30 $ 052580006000
001187−6 318.90 $ 055190019000
360682−7 302.60 $ 051093011000
922657−1 302.60 $ 054030007000
441488−9 546.77 $ 059101002000
640432−4 394.90 $ 052130011000
720927−5 302.60 $ 053021005000
722119−8 302.60 $ 053191008000
762500−1 320.40 $ 053311036000
801898−11 309.00 $ 053500015000
000406−5 302.60 $ 055150053000
000759−2 305.50 $ 057330066000
000796−8 302.60 $ 055140026000
001127−2 304.00 $ 055160066000
001283−9 302.60 $ 055180110000
001368−2 302.60 $ 057330037000
001982−12 302.60 $ 054270068000
002178−3 302.60 $ 057370084000
002593−12 302.60 $ 058200006000
002658−1 302.60 $ 057380047000
004459−2 304.90 $ 056310059000
242270−11 302.60 $ 051073026000
242500−2 302.60 $ 051075022000
320609−3 302.60 $ 051405008000
321275−6 302.60 $ 051351019000
321279−22 302.60 $ 051351004000
360700−3 302.60 $ 051091017000
360985−0 302.60 $ 051432003000
361021−12 308.40 $ 051423021000
361873−11 302.60 $ 051316007000
400142−4 302.60 $ 059065014000
400197−0 302.60 $ 059062009000
561978−0 302.60 $ 052183028000
600414−12 308.90 $ 052051002000
601073−11 302.60 $ 052075012000
601156−4 302.60 $ 052075005000
602614−4 302.60 $ 052194013000
602736−5 302.60 $ 052222001000
603180−5 302.60 $ 052226003000
603204−4 302.60 $ 052227001000
641497−1 302.60 $ 052282001000
641935−9 302.60 $ 052294004000
642319−22 302.60 $ 052302004000
643210−9 302.60 $ 052374010000
721729−29 302.60 $ 053152014000
721798−13 302.60 $ 053161013000
722845−1 302.60 $ 053282004000
723073−11 302.60 $ 053213028000
724414−0 302.60 $ 053293008000
761475−5 302.60 $ 053341005000
762020−7 302.60 $ 053353004000
800744−6 302.60 $ 053421024000
800863−6 302.60 $ 053233024000
801058−0 302.60 $ 053231010000
802520−16 302.60 $ 053419002000
802538−12 302.60 $ 053419006000
802554−6 302.60 $ 053414001000
928496−1 302.60 $ 054070029000
982636−3 302.60 $ 055120015000
983955−3 302.60 $ 055070064000
000950−3 303.80 $ 056310010000
070210−0 188.20 $ 051516006000
070345−9 188.20 $ 051516012000
090050−1 215.30 $ 062093004000
091800−0 188.20 $ 062180036000
091975−0 188.20 $ 062150031000
480363−0 188.20 $ 059173006000
561730−10 302.60 $ 052182028000
680398−9 188.20 $ 052501007000
722587−6 188.20 $ 053212010000
723031−3 302.60 $ 053264006000
803072−0 302.60 $ 053417009000
242243−1 327.80 $ 051071017000
362870−6 309.50 $ 051121007000
640258−7 304.50 $ 052112006000
800898−2 323.40 $ 053233036000
001149−8 414.20 $ 058170117000
242294−2 305.30 $ 051073034000
321004−3 304.50 $ 051461001000
604505−1 464.90 $ 052242016000
640264−0 371.50 $ 052112005000
720697−0 269.30 $ 020092005000
847141−13 327.20 $ 057162001000
562050−1 312.20 $ 052156003000
721771−0 570.70 $ 053161002000
001146−10 303.20 $ 058170087000
100390−6 325.20 $ 057213019000
100972−13 325.20 $ 056220018000
103650−3 325.20 $ 056140070000
775265−3 325.20 $ 056210042000
800529−4 321.00 $ 053441010000
010800−2 207.20 $ 020243020000
001971−14 293.10 $ 054270043000
441452−4 292.50 $ 059102011000
755440−5 205.20 $ 059150078000
800189−10 292.30 $ 053451008000
032145−0 204.80 $ 057312010000
031110−9 204.30 $ 057181014000
480648−11 290.40 $ 059192007000
TOTAL REPORT 125,977.17 $ 309 ACCOUNTS
ATTACHMENT 3
July 7, 2022
Property Owner
Dear Property Owner:
Our records show that there are outstanding bills for utility services provided to your property. You are strongly encouraged to pay your account in full immediately in order to avoid any further action, including a property tax lien placed on the property.
If you have recently paid off your account, please disregard this notice.
According to our delinquent list, your account status is as follows:
$333.57 is unpaid and delinquent for billing and service through May 2022. The total balance due on the account is $333.57 at the following address:
Service Address: XXX
Acct #: XXX
The City of Yuba City Municipal Code provides a hearing process for customers to dispute their delinquent utility service account(s). The City is scheduled to hold this hearing on July 28, 2022. This meeting will start at 10 A.M. and will be held at City Hall in the Sutter Room, located at 1201 Civic Center Blvd., Yuba City. This will be your opportunity to appeal the delinquent balance; otherwise, the delinquent balance due, including related administrative fees, will be placed on an assessment list and presented to City Council for approval on August 16, 2022. Upon approval, the balance due will be placed on your property tax bill for collection.
You are encouraged to voice any concerns by writing to the City at the following address or by calling the number listed below:
City of Yuba City - Finance Department
1201 Civic Center Blvd.
Yuba City, CA 95993
If you have any questions or comments, please feel free to contact us at (530) 822-4618.
Sincerely,
City of Yuba City - Finance Department
Nuestros registros muestran que existen facturas pendientes de pago por servicios públicos prestados a su propiedad. Se le recomienda insistentemente que pague la totalidad de su cuenta de inmediato para evitar cualquier otra acción, como el embargo de impuestos sobre la propiedad.
En caso de que haya liquidado recientemente su cuenta, haga caso omiso de este aviso.
Según nuestra lista de morosos, el estado de su cuenta es el siguiente:
$333.57 no ha sido pagado y se encuentra en mora por facturación y servicio hasta Mayo de 2022. El saldo total adeudado en la cuenta es $333.57 en la siguiente dirección:
Dirección del servicio: XXX
Cuenta #: XXX
El código municipal de la Ciudad de Yuba City proporciona un proceso de audiencia para que los clientes puedan disputar su(s) cuenta(s) de servicio público en mora. La ciudad tiene previsto celebrar esta audiencia el 28 de Julio de 2022. Esta reunión tendrá lugar a partir de las 10 de la mañana y se celebrará en el Ayuntamiento, en la sala Sutter, situada en el 1201 Civic Center Blvd., Yuba City. Esta será su oportunidad para apelar el saldo en mora; de lo contrario, este saldo, incluidas las tasas administrativas correspondientes, se incluirá en una lista de evaluación y se presentará al Concejo Municipal para su aprobación el 16 de Augosto de 2022. Una vez aprobado, el saldo adeudado se incluirá en la factura del impuesto sobre la propiedad para su cobro.
Lo invitamos a que presente sus inquietudes por escrito a la Ciudad en la siguiente dirección o llamando al número que se indica a continuación:
Ciudad de Yuba City - Departamento de Finanzas
1201 Civic Center Blvd.
Yuba City, CA 95993
Si tiene alguna pregunta o comentario, no dude en comunicarse con nosotros llamando al (530) 822-4618. ਸਾਡੇਰਿਕਾਿਡ ਦਿਸਾਉਂਦੇਹਨ ਰਕ ਤੁਹਾਡੀ ਜਾਇਦਾਦ ਨ ੂੰ ਪ੍ਰਦਾਨ ਕੀਤੀਆਂਸਹ ਲਤਾਂ ਸੇਵਾਵਾਂ ਦੇਕੁਝ ਬਕਾਇਆ ਰਬਲ ਹਨ। ਜਾਇਦਾਦ 'ਤੇਲਗਾਏ ਗਏ ਜਾਇਦਾਦ ਟੈਕਸ ਲੀਅਨ ਸਮੇਤ, ਰਕਸੇਵੀ ਅਗਲੀ ਕਾਿਵਾਈ ਤੋਂਬਚਣ ਲਈ ਤੁਹਾਨ ੂੰ ਪ੍ੁਿਜ਼ੋਿ ਅਪ੍ੀਲ ਕੀਤੀ ਜਾਂਦੀ ਹੈਰਕ ਤੁਸੀਂ ਆਪ੍ਣੇਖਾਤੇਦਾ ਪ੍ ਿਾ ਭੁਗਤਾਨ ਕਿ਼ੋ। ਜੇਤੁਸੀਂ ਹਾਲ ਹੀ ਰਵਿੱ ਚ ਆਪ੍ਣੇਖਾਤੇਦਾ ਭੁਗਤਾਨ ਕੀਤਾ ਹੈ, ਤਾਂ ਰਕਿਪ੍ਾ ਕਿਕੇਇਸ ਨੋਰਟਸ ਦੀ ਅਣਦੇਖੀ ਕਿ਼ੋ। ਸਾਡੀ ਬਦਲੇਹ਼ੋਏ ਬਕਾਇਆ ਦੀ ਸ ਚੀ ਦੇਅਨੁਸਾਿ, ਤੁਹਾਡੇਖਾਤੇਦੀ ਸਰਿਤੀ ਹੇਠਾਂ ਰਦਿੱਤੀ ਹੈ:
ਮਈ 2022 ਤਿੱਕ ਰਬਰਲੂੰ ਗ ਅਤੇਸੇਵਾ ਲਈ $333.57 ਿੁਪ੍ਏ ਦਾ ਭੁਗਤਾਨ ਨਹੀਂ ਕੀਤਾ ਰਗਆ ਹੈਅਤੇਕਸ ਿਵਾਿ ਹੈ। ਹੇਠ ਰਦਿੱਤੇਪ੍ਤੇ'ਤੇਖਾਤੇ'ਤੇਬਕਾਇਆ ਕੁਿੱ ਲ ਿਕਮ $333.57 ਹੈ:
ਸੇਵਾ ਦਾ ਪ੍ਤਾ: XXX
ਖਾਤਾ #: XXX
ਰਸਟੀ ਆਫ ਯ ਬਾ ਦਾ ਰਸਟੀ ਰਮਊਂਸੀਪ੍ਲ ਕ਼ੋਡ ਗਾਹਕਾਂ ਨ ੂੰ ਉਨਹ ਾਂ ਦੇਬਦਲੇਹ਼ੋਏ ਸਹ ਲਤ ਸੇਵਾ ਖਾਤੇ(ਖਾਰਤਆਂ) ਸੂੰ ਬੂੰ ਧੀ ਰਵਵਾਦ ਕਿਨ ਲਈ ਸੁਣਵਾਈ ਦੀ ਇਿੱ ਕ ਪ੍ਰਰਕਰਿਆ ਪ੍ਰਦਾਨ ਕਿਦਾ ਹੈ। ਰਸਟੀ ਦੀ ਇਹ ਸੁਣਵਾਈ 28 ਜੁਲਾਈ 2022 ਨ ੂੰ ਹ਼ੋਣੀ ਹੈ। ਇਹ ਮੀਰਟੂੰ ਗ ਸਵੇਿੇ10 ਵਜੇਸੁਿ ਹ਼ੋਵੇਗੀ ਅਤੇਇਹ 1201 ਰਸਰਵਕ ਸੈਂਟਿ ਬੁਲੇਵਾਿਡ, ਯ ਬਾ ਰਸਟੀ ਰਵਖੇਸਰਿਤ ਸਟਿ ਿ ਮ ਦੇ ਰਸਟੀ ਹਾਲ ਰਵਖੇਹ਼ੋਵੇਗੀ। ਇਹ ਤੁਹਾਡੇਲਈ ਬਦਲੇਹ਼ੋਏ ਬਕਾਇਆ ਦੀ ਅਪ੍ੀਲ ਕਿਨ ਦਾ ਮੌਕਾ ਹ਼ੋਵੇਗਾ; ਨਹੀਂ ਤਾਂ, ਸਬੂੰ ਧਤ ਪ੍ਰਬੂੰ ਧਕੀ ਫੀਸਾਂ ਸਮੇਤ, ਬਦਲੇਹ਼ੋਏ ਬਕਾਇਆ ਨ ੂੰ ਮੁਲਾਂਕਣ ਸ ਚੀ ਰਵਚ ਿਿੱ ਰਖਆ ਜਾਵੇਗਾ ਅਤੇ16 ਅਗਸਤ 2022 ਨ ੂੰ ਮਨਜ ਿੀ ਲਈ ਰਸਟੀ ਕੌਂਸਲ ਨ ੂੰ ਪ੍ੇਸ ਕੀਤਾ ਜਾਵੇਗਾ। ਮਨਜ ਿੀ ਰਮਲਣ 'ਤੇ, ਬਕਾਇਆ ਿਕਮ ਨ ੂੰ ਇਕਿੱ ਤਿ ਕਿਨ ਲਈ ਤੁਹਾਡੇਜਾਇਦਾਦ ਟੈਕਸ ਰਬਿੱ ਲ ਰਵਿੱ ਚ ਜ਼ੋਰਿਆ ਜਾਵੇਗਾ।
ਤੁਹਾਨ ੂੰ ਅਪ੍ੀਲ ਕੀਤੀ ਜਾਂਦੀ ਹੈਰਕ ਹੇਠ ਰਲਖੇਪ੍ਤੇ'ਤੇਸਰਹਿ ਨ ੂੰ ਰਲਖ ਕੇਜਾਂ ਹੇਠਾਂ ਰਦਿੱਤੇਨੂੰ ਬਿ 'ਤੇਕਾਲ ਕਿਕੇਆਪ੍ਣੀਆਂ ਰਚੂੰ ਤਾਵਾਂ ਦਿੱ ਸ਼ੋ:
ਰਸਟੀ ਆਫ ਯ ਬਾ ਰਸਟੀ - ਰਵਿੱ ਤ ਰਵਭਾਗ
1201 ਰਸਰਵਕ ਸੈਂਟਿ ਬੁਲੇਵਾਿਡ
ਯ ਬਾ ਰਸਟੀ, CA 95993
ਜੇਤੁਹਾਡੇਕ਼ੋਈ ਪ੍ਰਸਨ ਜਾਂ ਰਟਪ੍ਣੀਆਂਹਨ, ਤਾਂ ਰਕਿਪ੍ਾ ਕਿਕੇਸਾਡੇਨਾਲ (530) 822-4618 'ਤੇਸੂੰ ਪ੍ਿਕ ਕਿਨ ਰਵਿੱ ਚ ਨਾ ਰਝਜਕ਼ੋ।
Agenda Item 9
CITY OF YUBA CITY
STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: 200-Year Urban Level of Flood Protection Finding Recommendation: Adopt a Resolution acting as the land-use agency for the City of Yuba City accepting evidence in support of a Finding of 200-year flood protection Fiscal Impact: None.
Purpose:
To adopt a Resolution accepting the substantial evidence provided by the Sutter Butte Flood Control Agency (SBFCA) establishing there exists a 200-year Urban Level of Flood Protection for the City as it pertains to approving future development projects.
Council’s Strategic Goal:
Public Safety
Background:
California Senate Bill 5 (SB5), passed in 2007 and later amended by subsequent legislative actions, required the State to develop and adopt a comprehensive Central Valley Flood Protection Plan (CVFPP), which was approved by the Central Valley Flood Protection Board (CVFPB) in June 2012.
SB5 required all cities and counties in the Central Valley to incorporate the CVFPP into their General Plans and Zoning Ordinances, which the City of Yuba City did on September 6, 2016 (Ordinance No. 009-16).
SB5 restricted development unless a jurisdiction could make one of the following Findings:
(1) There exists a 200-year Urban Level of Flood Protection (ULOP) (Type I ULOP Finding) (2) conditions are imposed on a development project to achieve 200-year protection (Type II Finding). (3) Adequate progress is being made toward 200-year protection by 2025 (Type III Finding) These Findings correspond with Yuba City Municipal Code Sections 6-9.601 through 6-9.603.
Analysis:
Due to the work SBFCA has completed as part of the Feather River West Levee Project, substantial evidence now exists to allow the City to make a Type 1 Finding in its land-use decisions, that there now exists a 200-year Urban Level of Flood Protection for the City. This is supported by SBFCA’s Engineer’s Report which is available at the SBFCA office located at 1445 Butte House Road, Suite B, Yuba City CA 95993 or on the SBFCA website at: www.sutterbutteflood.org/projects/feather-river-westlevee-project.
This is a significant accomplishment that supports enhanced public safety, economic development, and lower insurance costs for residents going into the future.
Fiscal Impact:
Existing budgeted monies have paid for preparation of this staff report and draft Resolution.
Alternatives:
Although not recommended, the Council could choose to not adopt the Resolution as presented.
Recommendation:
Adopt a Resolution accepting the substantial evidence provided by SBFCA in support of a Type 1 Urban Level of Flood Protection Finding that the facilities of the State Plan of Flood Control as rehabilitated by SBFCA through the Feather River West Levee Project provide an urban level of flood protection as defined by the State’s Urban Levee Design Criteria.
Attachments:
1. Attachment 1 - SBFCA resolution of Type 1 Finding of 200-year flood protection Prepared By: Submitted By:
Doug Libby
Deputy Director of Development Services
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
ACTING AS THE LAND USE AGENCY, ACCEPTING EVIDENCE IN
SUPPORT OF A FINDING OF 200-YEAR URBAN LEVEL OF FLOOD
PROTECTION
WHEREAS, California Senate Bill 5 (SB5), passed in 2007 and later amended by subsequent legislative actions, requires the State to develop and adopt a comprehensive Central Valley Flood Protection Plan (CVFPP), which was approved by the Central Valley Flood Protection Board (CVFPB) in June 2012; and WHEREAS, SB5 required all cities and counties in the Central Valley to incorporate the CVFPP into their General Plans and Zoning Ordinances; and WHEREAS, on September 6, 2016, the City Council adopted Resolution No. 16-058 to incorporate State flood legislation into the Yuba City General Plan (General Plan Amendment No. 16-03); and
WHEREAS, on September 6, 2016, the City Council adopted Ordinance No. 009-16 incorporating State flood legislation into the City Municipal Code as required by State law; and
WHEREAS, SB5 restricted development beyond July 2, 2016, unless a land use agency makes one of the following three types of findings: (1) there exists a 200-year Urban Level of Flood Protection (ULOP) (Type I ULOP Finding), (2) conditions are imposed on a develop project to achieve 200-year protection (Type II Finding), or (3) adequate progress is being made toward 200-year protection by 2025 (Type III Finding) and these correspond with Municipal Code Sections 6-9.601 through 6-9.603; and WHEREAS, in October 2021 the Sutter Butte Flood Control Agency (SBFCA), as the local flood management agency responsible for implementing the Feather River West Levee Project, approved and posted substantial evidence in the record in support of Urban Levee Design Criteria (ULDC) compliance for the Project and accordingly in support of a Type I ULOP Finding which corresponds with Municipal Code Section 6-
9.601(a), Section 6-9.602(a) and Section 6-9.603(a); and WHEREAS, SBFCA’s substantial evidence of ULDC compliance for the Project will support a Type I ULOP Finding made by the City, when required as part of approval of discretionary or ministerial permits which corresponds with Municipal Code Section 6-
9.601(a), Section 6-9.602(a) and Section 6-9.603(a); and WHEREAS, the substantial evidence developed by SBFCA in support of a Type I ULOP Finding is described in a certified Engineer’s Report by SBFCA which is available at the SBFCA office located at 1445 Butte House Road, Suite B, Yuba City CA 95993 or on
the SBFCA website at: www.sutterbutteflood.org/projects/feather-river-west-leveeproject; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yuba City, acting as the Land Use Agency as defined by State law, hereby accepts the substantial evidence provided by SBFCA in support of a Type I ULOP Finding that the facilities of the State Plan of Flood Control as rehabilitated by SBFCA through the Feather River West Levee Project provide an urban level of flood protection as defined by the State of California’s Urban Levee Design Criteria.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 16th day of August, 2022.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
___________________________
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Agenda Item 10
CITY OF YUBA CITY
STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Heng's Cafe - Department of Alcoholic Beverage Control Application Recommendation: Adopt a Resolution making a finding of public convenience or necessity for the issuance of a Type 41 restaurant (beer and wine) Alcoholic Beverage Control (ABC) License at 1270 Stabler Ln. Suite 320 (Heng’s Café) Fiscal Impact: No direct fiscal impact would result from recommending approval of the proposed Alcoholic Beverage Control application
Purpose:
Consideration to make a finding of public convenience or necessity for the issuance of a Type 41 (restaurant beer and wine) Alcoholic Beverage Control License at 1270 Stabler Ln., Suite 320 (Heng’s Café).
Council’s Strategic Goal:
Business Friendly.
Background:
The City has received an application from Patrick Fong, who is the owner of Heng’s Café, an Asian cuisine restaurant located in the Feather Down (Bel Air) Shopping Center, requesting a Type 41 restaurant (beer and wine) license with the Department of Alcoholic Beverage Control. The applicant states the previous business owner did have a beer and wine license at this location. When ABC receives an application for a location where a high concentration of licenses exists, and/or a crime rate exceeding 25% of the average, the local government must then approve the application, prior to ABC approving it. In this instance, Heng’s Café is located at 1270 Stabler Lane, Suite 320 and the census tract in which it is located, currently has five (5) active ABC Type 41 licenses. This location is in Yuba City Police Beat No. 2 but this location is not in a higher crime area.
Analysis:
Heng’s Cafe is an Asian Cuisine restaurant with business hours of 11am to 9pm and the owner would like to provide beer and wine as part of their restaurant operation. The ABC and State Business and Professions Code, Section 23958, states the governing body must determine that the approval of this
license would provide public convenience or necessity, in order for the license application to be approved by ABC in this location due to the number of existing licenses that exist within the Census block.
Development Services staff and Police Chief Baker have reviewed the application and letter and believe this restaurant, including the sale of beer and wine beverages, is standard in this type of business and that a public convenience is provided through the sale of beer and wine at this business location.
Fiscal Impact:
No direct fiscal impact will result from making a finding of public convenience and necessity for the issuance of a Type 41 restaurant (beer and wine) Alcoholic Beverage Control License at 1270 Stabler Lane, Suite 320 (Heng’s Café).
Alternatives:
Do not making a finding of public convenience and necessity for the issuance of a type 41 restaurant beer and wine Alcoholic Beverage Control License at 1270 Stabler Lane, Suite 320 (Heng’s Café).
Recommendation:
Adopt a Resolution making a finding of public convenience and necessity for the issuance of a Type 41 restaurant (beer and wine) Alcoholic Beverage Control (ABC) License at 1270 Stabler Lane, Suite 320 (Heng’s Café).
Attachments:
1. Attachment 1 - Proposed Resolution Finding of Convenience and Necessity
2. Attachment 2 Heng's Cafe ABC License Application
3. Attachment 3 Heng's Cafe ABC Applicant letter of Support Prepared By: Submitted By:
Doug Libby
Deputy Director of Development Services
Diana Langley
City Manager
ATTACHMENT 1
01248.0005/741692.1 SCHAFFIN_ALWY
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
MAKING A FINDING OF PUBLIC CONVENIENCE AND NECESSITY FOR THE ISSUANCE OF A TYPE 41 (RESTAURANT BEER AND WINE)
ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE AT 1270
STABLER LN., SUITE 320 (HENG’S CAFÉ)
WHEREAS, pursuant to applicable provisions of the Business and Professions Code, the Department of Alcoholic Beverage Control (hereinafter the “ABC”) is charged with the responsibility of reviewing applications and issuance of licenses for the sale and/or manufacture of alcoholic beverages in the State of California; and
WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4 of said Business and Professions Code; and WHEREAS, Section 23958.4 of the Business and Professions Code provides that, notwithstanding the limitations of Section 23958, the ABC shall issue a license if the applicant shows that “public convenience or necessity” would be served by the issuance of such license; and
WHEREAS, the City of Yuba City has received an application for a Public Convenience and Necessity determination that was filed by Patrick Fong, the (“Applicant”) who is the owner of Heng’s Café located at 1270 Stabler Lane, Suite 320 in Yuba City, requesting a letter of Public Convenience and Necessity to allow a Type 41 restaurant (beer and wine) License in a census tract that has surpassed the number of allotted licenses and is located in Police Beat 2 which is not have a higher-than-average crime rate; and
WHEREAS, said Section 23958.4 further provides that the determination of “public convenience or necessity” shall be made by the local governing body of the area in which the applicant’s premises are located with regard to certain applications, including on-site sales of alcohol at family entertainment center; and
WHEREAS, the City Council has considered this matter, and desires to find that the public convenience and necessity would be served by granting an additional Type 41 restaurant (beer and wine) Sale License for the location at 1270 Stabler Lane, Suite 320 in Yuba City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Yuba City as follows:
1. The recitals and findings set forth above are true and correct and incorporated herein by this reference.
2. The City Council finds that this matter is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it is merely a determination whether the public convenience and necessity would be served by the issuance of a Type 41 restaurant (beer and wine) Sale License (Beer) for the location at 1270 Stabler Lane, Suite 320 (Heng’s
01248.0005/741692.1 SCHAFFIN_ALWY
Café). It does not have a potential for resulting in a reasonably foreseeable physical change to the existing environment.
3. The City Council finds and determines the public convenience and necessity is met in the present circumstances for reasons including the following:
a. The alcohol sales for on-site consumption would be a limited, part of the overall restaurant service with limited hours from 11:00 am to 9:00 pm, and subject to supervision as specified in the applicants letter which is incorporated by reference. b. The request to permit beer and wine sales for on-premises consumption in conjunction with a restaurant operation will not adversely affect the surrounding land uses and the growth and development of the area because the use is compatible with the nearby developments, and consumption is limited to on-site.
c. The determination of Public Convenience or Necessity, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Yuba City.
4. This resolution shall take effect immediately.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 16th day of August, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, City Clerk Administrator
APPROVED AS TO FORM:
Shannon L. Chaffin, City Attorney
ATTACHMENT 2
ATTACHMENT 3
Agenda Item 11
CITY OF YUBA CITY
STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Homes2Families - Agreement Update
Recommendation: Adopt a Resolution to approve the updated Homes2Families Agreement with Regional Housing Authority (RHA)
Fiscal Impact: An increase of approximately 15% for management fees, and approximately 30% for maintenance calls, with a reduction of $80 per unit per month in groundskeeping fees, over the next 1 ½ years
Purpose:
To approve the updated Homes2Families Agreement with Regional Housing Authority (RHA) Council's Strategic Goal:
This project does not directly address Council’s goals and priorities; however, it continues providing the increasingly important option of affordable housing within the City.
Background:
Regional Housing Authority has been managing the City’s Homes2Families (H2F) properties since 2008. H2F properties are owned by the City and are used for low- to moderate- income housing options. The rents are set based on the U.S. Department of Housing and Urban Development (HUD) Fair Market Rent (FMR) values.
The last update to the H2F Agreement occurred in 2017, and management rates have remained unchanged since then. The current Agreement term extension will expire in April 2023, and Regional Housing Authority and City staff are recommending approval and adoption of the updated Agreement.
Analysis:
There are currently nine (9) H2F properties within the City. These properties provide an affordable housing option to families through the Fair Market Rent guidelines set by HUD. The current FMR value for a 2-bedroom unit in Sutter County is $1,173.
Regional Housing Authority provides the management for these properties to include; accounts payable
and receivable, rent collection, audit reports, etc. and maintenance to include; service and emergency service calls, exterior and interior upkeep, “turnover” services between tenants, minor plumbing and electrical repairs, etc. RHA has been providing and performing these services for the City for approximately 14 years and has done so effectively and within required guidelines.
To maintain this working relationship and ensure the fees cover the costs of management, the proposed update to the Homes2Families Agreement, in short, increases the monthly management fee per unit from $200 to $225, the normal business hour service call fee from $50 to $65, and eliminates the $80 per month per unit groundskeeping fee. These proposed fees are to be effective until March 2023. Beginning April 2023, the management fee will increase to $235, while the service call fee will increase to $70.
RHA staff estimates that these increases will allow the increased costs of management and maintenance for the H2F properties to be covered, as was previously the case.
Additionally, City staff and RHA are looking into potentially selling four (4) of the H2F properties. Should these properties be sold, the referenced fee modification request and Agreement update will not change.
Fiscal Impact:
The current H2F account reserves total $357,154. There are also operating funds in the amount of $42,298.
An increase of approximately 15% for management fees, and approximately 30% for maintenance calls, with a reduction of $80 per unit per month in groundskeeping fees, over the next 1 ½ years. The full proposed fee schedule can be found in Exhibit C of the updated Agreement.
Alternatives:
Do not approve the proposed updated H2F Agreement and provide modifications to the proposed update.
Recommendation:
Adopt a Resolution to approve the updated Homes2Families Agreement between the city of Yuba City and Regional Housing Authority
Attachments:
1. Attachment 1 - Resolution Approving the Updated Homes2 Families Agreement
2. Attachment 2 - Homes2Families Updated agreement (2022)
3. Attachment 3 - Current Homes2Families Agreement (2017) Prepared By: Submitted By:
Shannon Jones
Administrative Analyst
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE UPDATED HOMES2FAMILIES AGREEMENT BETWEEN THE CITY OF
YUBA CITY AND REGIONAL HOUSING AUTHORITY
WHEREAS, the City of Yuba City owns nine (9) properties, designated for low- to moderateincome housing options following the U.S. Department of Housing and Urban Development Fair Market Rent values; and
WHEREAS, Regional Housing Authority has been the property management organization for these properties since September 2008; and
WHEREAS, Regional Housing Authority has provided management and maintenance for these properties in a satisfactory manner, following City, State, and Federal guidelines; and WHEREAS, the last update to the Homes2Families Agreement was in 2017, and fees are no longer covering the costs of management; and
WHEREAS, Regional Housing Authority and City Staff have discussed proposed updated to the Agreement to maintain the working relationship between parties for the continued management of the Homes2Families properties and recommend approval to the updated agreement.
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City that the updated Homes2Families Agreement between the City of Yuba City and Regional Housing Authority be approved and that City Manager is authorized to execute the Agreement.
The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on August 16, 2022, by the following vote:
AYES:
NOES:
ABSENT:
_________________________
Dave Shaw, Mayor
ATTEST:
_____________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
______________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
Homes2Familes Agreement
1 THIS AGREEMENT is entered into on this ____ day of _____________2022, by and between the City of Yuba City, California, a public body, corporate and politic (hereinafter referred to as “Agency”) and the Regional Housing authority (hereinafter referred to as “Housing Authority”) and supersedes any and all Agreements, (including the Homes2Families Agreement dated September 1, 2017), Exhibits, and attachments for the operations of the Homes2Families portfolio.
Pursuant to Section 33334.2 of the California Health and Safety Code, the Agency has set aside 20% of tax increment revenues allocated to improve and increase the supply of affordable housing within the City of Yuba City. Pursuant to which, the Agency, among other things, has purchased existing housing units in the City of Yuba City, as more particularly described in Recital A below, with housing set aside funds, and desires to make such properties available to the eligible very low, low-, and moderate-income persons and families (collectively, the “properties”, individually, a “property”).
RECITALS
A. Agency holds title to the following described real property listed in Exhibit A. This Real property constitutes “Properties” for the purposes of the Agreement and may be amended periodically as property is purchased.
B. The Housing Authority is experienced in the business of operating and managing properties for very low, low-, and moderate-income housing.
C. The Agency desires to engage the services of the Housing Authority to manage and operate the Property, and Housing Authority desires to provide such services on the following terms and conditions.
AGREEMENT
Scope of Services – See Attached (Exhibit B)
In consideration of the mutual covenants contained herein, the parties agree:
1. Term
A. The term of this Agreement shall be for a period of three (3) years, commencing on the date of this Agreement., with the option for three (3) one-year extensions. This Agreement, if not extended in writing by the Agency and Regional Housing Authority prior to the termination date shall thereafter be deemed a month-to-month Agreement terminable by either party upon 30 days written notice.
B. Either party may terminate this Agreement prior to the termination date by sending a written notice of an intention to so terminate. The termination shall be effective 90 days after receipt of the early termination notice.
C. Agency shall have the right to terminate this Agreement upon ten days written notice in the event that the Housing Authority fails to perform the services and fulfill the responsibilities required of it hereunder and if the failure remains uncorrected for 20 days after the Agency’s
Homes2Familes Agreement
2 written notice thereof specifying the nature of the alleged default to Housing Authority.
However, if the nature of the Housing Authority’s default cannot be reasonably corrected within said 20 days, then the Housing Authority shall not be in default if it promptly commences the correction of the alleged default within said 20 days and thereafter completes the correction of the alleged default as soon as reasonably possible.
D. Upon termination of this Agreement, the Agency may require the Housing Authority to surrender and forward to Agency, all funds, accounts, books, and tenant and property records with respect to the Properties and shall take such action as Agency may require to effectuate an orderly and systematic transition of the Housing Authority’s duties and activities under this Agreement to a new manager.
2. Services to be Performed by Housing Authority – See Scope of Services (Exhibit B) The Housing Authority will provide safe, decent housing that conforms to the regulatory requirements imposed on the properties by the Agency. The Housing authority shall lease, operate, maintain, manage, and repair the properties and perform all usual and customary management functions to facilitate the efficient operation of the properties for the purposes described in this Agreement. The Housing Authority shall perform these duties with due diligence. Without limiting the generality of the foregoing, the Housing Authority shall do all of the following:
A. Management Plan. The Housing Authority will follow established guidelines for the rental of the Properties to eligible very-low, low- and moderate-income families/tenants in accordance with all applicable requirements of the California Community Redevelopment Law (Health and Safety Code §§33000 et seq.). The Housing Authority will conduct annual recertifications of income and eligibility for purposes of ensuring that only eligible families are housed.
B. Maintenance and Repair. The Housing Authority shall maintain the properties in good condition and repair at all times. The Housing Authority shall quickly repair or cause to be repaired any item brought to its attention by the Agency or tenant or that is observed by the Housing Authority. The Housing Authority shall perform annual site inspections or as needed to ascertain the condition of the properties. For this purpose, and as limited in this paragraph, the Housing Authority is authorized to make of cause to be made and supervise repairs, alterations, and landscaping on the properties. The Housing Authority may enter into service contracts with unaffiliated third parties for the performance of services hereunder, provide each contract shall be terminable upon 30-days written notice.
C. Capital Expenditures. Capital expenditures or any major maintenance expenses exceeding $50,000 shall have prior written approval by the Agency. Agency’s prior consent shall not be necessary with respect to monthly or recurring charges and emergency repairs that are necessary, in the opinion of the Housing Authority, to protect the properties from damage, to prevent bodily harm or property damage, to avoid the suspension of services, to avoid penalties for fines and to maintain the services required under the lease to be provided to the tenant provided that the Agency shall receive written notification of all emergency expenditures and the
Homes2Familes Agreement
3 justification for such expenditure. The Housing Authority will solicit bids in accordance to its HUD approved Procurement policy.
D. Compliance with Labor Laws. The Housing Authority shall comply with all applicable State labor laws in conducting any maintenance and repair work on the Properties, including but not limited to State prevailing wage requirements set forth at Labor Code section 1720 et seq., and public contracting requirements as set for in 20688.1through 20688.4, except where the Housing Authority uses its own employees with the prior written consent of the Agency. Failure to comply with these and all other applicable labor laws in connection with any repair or maintenance work conducted on the Properties shall constitute a default by the Housing Authority under this Agreement.
E. Vacancies. The Housing Authority shall work diligently to complete all repairs in a timely manner and in particular when a property is vacant so the property can be promptly leased to another tenant. Except under unusual circumstances, the properties should be vacant no more than 30 days. The Housing Authority shall notify the Agency, in writing, whenever a property will be vacant more than 30 days. Upon the vacancy of a property following the termination of a tenancy, the Housing Authority shall promptly inspect the property and determine a course of action to perform all necessary repairs and improvements. The Housing Authority shall notify the Agency, in writing, of the course of action and unless the Agency objects, in writing, within 10 days from receipt of the Housing Authority’s notice, the Housing authority may proceed with their action plan. At the direction of the Agency, inspections, repairs, and improvements may be performed by employees of the City of Yuba City.
F. Taxes and Assessments. Taxes and assessments shall be paid directly by the Agency and not by the Housing Authority. The Housing Authority shall promptly deliver to the Agency any notice relating to taxes and assessments received by the Housing Authority.
G. Employees. The Housing Authority shall hire, discharge and supervise all employees required for the operation, maintenance and repair of the properties. All employees performing work (other than the City employees specifically designated by the Agency to perform inspection and repair work) shall be employees of the Housing Authority and not the Agency. The Housing Authority shall comply with all applicable laws and regulations concerning worker's compensation, social security, unemployment insurance, hours of labor, wages, working conditions and all other rules and regulations governing employees.
3. Rental Receipts
The Housing Authority shall collect all rents and any other monies payable by the tenants.
A. Maintenance Reserve Account.
A consolidated Maintenance Reserve account shall be established as part of the Agreement to fund expenditures in excess of $5,000 for the properties. The Maintenance reserve target amount is $10,000 per property (9 properties * $10,000 = $90,000 target as of 06/01/2022). Each quarter, operating cash in excess of $1,000 per property ($9,000 as of 06/01/2022) will be
Homes2Familes Agreement
4 transferred to the Maintenance Reserves Account. If the operating cash is below the $1,000 per property target, then a transfer of Maintenance reserves to the operating cash account will occur. This account will earn interest based upon the monthly rates established by the Housing Authority bank. The Maintenance Reserve Account activity shall be subject to Agency review upon request.
4. Compensation
The Housing Authority will be compensated for services provided as set forth in Exhibit B to this Agreement (“Scope of Services”)
5. Reports
A. Monthly – Within 45 days of the end of each month and upon request, the Housing Authority will provide a report of the activity of the Maintenance Reserve Account.
B. Quarterly – Within 45 days and upon request, the Housing Authority will provide an accounting for each Property showing the revenues and expenditures on a year-to-date basis.
C. Annually – Within 9 months after the end of each fiscal year (March 31), the Housing Authority shall provide the Agency with the following reports:
a. Final report of the actual revenues and expenditures for each Property. b. Detailed report of all activity in the Capital
Savings Account and the Maintenance Reserve account.
c. Reports on results of on-site inspections.
d. Verification of property rental to eligible very-low, low- and moderate-income families/tenants in accordance with all applicable requirements of the California Community Redevelopment Law (Health and Safety Code §§33000 et seq.) e. No later than December 31st of each year, the Housing Authority shall deliver to the Agency a financial audit of its property records through the March 31 fiscal year.
6. Indemnity
A. The Housing Authority shall hold the Agency harmless from and against any and all claims, costs, expenses, attorneys’ fees and damages arising out of (i) any default by Housing Authority under this agreement; (ii) any gross negligence or willful misconduct of the Housing Authority or any of its officers, directors, agents, or employees during the course of their employment; (iii) any claims for bodily injury to employees during the course of their employment; and (iv) all employment relations between the Housing Authority and its employees. This provision shall survive the termination of the Agreement.
B. The Agency shall indemnify and hold the Housing Authority harmless from and against any and all costs, expenses, attorneys' fees and damages arising out of any action taken by the Housing Authority within the scope of this Agreement. If the inspections, repairs and/or improvements are made to the Properties by employees of the City of Yuba City, then the Agency shall also
Homes2Familes Agreement
5 indemnify and hold the Housing Authority harmless from and against any and all claims, costs, expenses, attorneys' fees and damages arising out of the actions of said City of Yuba City employees. The Agency shall not indemnify the Housing Authority for (i) any default by Housing Authority under this Agreement; (ii) any gross negligence or willful misconduct of Housing Authority or any of its officers, directors, agents or employees in connection with this Agreement; (iii) any claims for bodily injury to employees during the course of their employment; and (iv) all employee relations between the Housing Authority and its employees.
This provision shall survive the termination of the Agreement.
7. Insurance
A. The Agency shall insure the Properties with all risk property coverage pursuant to the Agency's self-insurance program and a commercial general liability insurance policy. The liability policy shall insure the Housing Authority while acting within the scope of its authority as Owner's property manager hereunder.
B. The Housing Authority shall maintain during the term of this Agreement, and any extensions or renewals thereof, insurance according to Exhibit D attached.
8. Conflict of Interest
No Housing Authority employee or any member of the employee’s immediate family, or the employee's partner, may enter into any contract, subcontract, or arrangement in connection with the Homes2Families program for the purpose of residing in a unit or obtaining a financial interest or benefit from this program by performing work that is outside the purview of the Housing Authority.
9. Miscellaneous
A. This Agreement is personal to the Housing Authority and the Housing Authority shall have no right, power or authority to assign any interest in this Agreement or any moneys due or to become due hereunder. Subject to the foregoing, this Agreement shall be binding upon and contribute to the benefit of the Agency and Housing Authority and their respective successors and assigns.
B. This Agreement contains the entire Agreement between the parties with respect to the Properties and no amendment shall be valid unless in writing signed by both parties.
C. Any notice required or permitted to be given under this Agreement shall be written, and may be given by personal delivery or by registered or certified mail, first class prepaid, return receipt requested. Notice shall be deemed given upon actual receipt in the case of personal delivery, or upon mailing. Mailed notices shall be addressed as follows, but each party may change their address by written notice in accordance with this paragraph:
Homes2Familes Agreement
6 Agency Benjamin Moody
Public Works & Development Services Director
1201Civic Center Boulevard
Yuba City, CA 95993
Housing Authority Gustavo Becerra
Executive Director
1455 Butte House Road
Yuba City, CA 95993
D. If either party brings any legal action regarding any provision of the Agreement or seeks damages, the prevailing party in the litigation shall be entitled to recover reasonable attorneys’ fees from other party, in addition to any other relief that may be granted.
Date:__________ City of Yuba City
By:_______________________
Diana Langley, City Manager
Date:__________ Regional Housing Authority
By:___________________________
Gustavo Becerra, Executive Director
Homes2Familes Agreement
7 Exhibit A
Address APN
1. 545 Laurel Ave. 53-282-018
2. 590 Washinton Blvd. 51-435-033
3. 732 Winslow Dr. 51-073-010
4. 764 Regent Loop 51-095-048
5. 825 Jones St. 52-411-016
6. 847 Chestnut St. 52-161-036
7. 1035 Oakwood Dr. 51-264-004
8. 1082 McCollum Ave. 52-122-002
9. 1483 Gray Ave. 51-095-020
Homes2Familes Agreement
8 Exhibit B
This proposal is subject to the Housing Authority's Legal Counsel review and Board of Commissioner's approval. The Amendment will take effect 30 days after approval and will amend all current and future contracts to manage the program. Terms are not retroactive and will take effect going forward from the date of signature and approval from both parties. Costs are reflective of current charges and may be adjusted on an annual basis by mutual consent of both Agencies.
1. Scope of Work
Scope of work for Homes2Families (H2F) Homes purchased by the City of Yuba City (Agency) and managed by the Regional Housing Authority (Housing Authority).
Management of typically single-family homes to lower income households in compliance with City of Yuba City Law on income levels and rent schedules.
Management Fee: A basic management fee of $200 per month per unit. Other costs and services are detailed below. On an annual basis, these fees and services related to each unit will be reviewed jointly by the Housing Authority and the Agency for fair and appropriate coverage of the assigned special services provided by the Housing Authority. Listed below is a detailed list of the types of assigned special services provided by the Housing Authority to and for the H2F units and tenants.
2. Eligibility/Occupancy
The following is a list of duties that are performed for vacant H2F units. At times individual families may need additional assistance or resources during the lease-up process that are not included in this list.
The monthly Management Fee covers collection of rents, management of tenant files, financial reports and other finance activities as described under the Finance Section below.
3. Vacancy Turnovers
Turnaround or Rent Up on vacant units will be charged at of the current monthly rent and include, but are not limited to, the following:
1. Upon notification that unit is ready, advertise vacancy.
2. Collect applications, review for income requirements and other eligibility criteria
3. Submit credit, background and rental history requests
4. Punch unit for approval of turnaround and ready-to-lease status.
5. Schedule appointment with applicant to collect income/assets, family member identification etc.
Homes2Familes Agreement
9 6. Upon completion of verification process, contact successful applicant to schedule appointment to view unit.
7. If applicant accepts unit, complete move-in paperwork and inspection.
8. Conduct exterior inspection of unit and front yard, weekly.
9. Schedule special inspections, as needed.
10. Schedule annual inspection and reexamination paperwork.
11. Serve any notices.
12. Review work orders called in for unit for completion of work and file in tenant file.
13. Collect 30-day notice of vacate, when tenant states they will be moving.
14. Schedule move out inspection.
15. Conduct move out inspection.
16. Process and submit file to finance for move out charges/credits.
17. Submit work order for move in ready status.
4. Landscaping
Groundskeeping will be provided weekly for front yards only and includes mowing, trimming, light brush and tree trimming, and removal of all debris. Both weekly groundskeeping and other landscaping work (tree removal, sod, or bark replacement, etc.) will be performed by a third-party contractor and direct billed to the units.
5. Maintenance
Normal business hour calls are Monday-Thursday 8 a.m. to 5 p.m. with rates are established on Exhibit C.
Calls outside of normal business hours above are considered After-hours emergency calls with rates established on Exhibit C. After hour emergency calls are to be charged at a 2-hour minimum rate, plus a service fee, trip charge, and material costs. Calls that are not an emergency and can be performed during normal business hours will be scheduled for service during normal business hours.
Generally, Maintenance Department duties include, but are not limited to, troubleshooting minor repairs, responding 24/7 to emergency calls and resolving problems to ensure efficient, decent, safe and sanitary housing. Maintenance provides all tools necessary to complete the job.
Homes2Familes Agreement
10 The Maintenance Department will provide the following services:
A. Schedule, coordinate, and perform routine and comprehensive maintenance of assigned units/facilities.
B. Vacuum, shampoo and spot clean carpets/flooring and wash windows on the turnaround of the unit to a new tenant.
C. Perform general interior or exterior painting, as needed.
D. Report and respond to emergency calls for service assistance.
E. Respond to service requests, coordinate resources and implement the set up and take down of equipment for a wide variety of service repairs.
F. Perform various maintenance and custodial duties, such as installation and repair to fixtures.
G. Troubleshoot and repair minor plumbing and electrical problems, provide offsite maintenance and ground keeping duties as required.
H. Maintain inventory and submit written requests for supplies.
I. Perform preventative maintenance in and around facilities.
J. Provide experience in the methods for maintaining, cleaning and preserving a variety of surfaces, proper use of a wide range of chemicals according to state and federal regulations, handle and dispose of hazardous materials and blood borne pathogens.
K. Track all service calls and time and materials for each unit.
Service specific to the Tenant:
A. Service calls- Staff and Management available during regular business hours.
B. On-call-- Staff and Answering Service available after hours, weekends and holidays.
C. Routine inspections-- interior and exterior preventive maintenance.
6. Annual lnspections
Annual Housing Quality Service (HQS) inspections to ensure safe and sanitary housing will be charged at rates established by Exhibit C. Other inspections as needed by the Agency or tenant will be charged at the same rate. Note: move in and out inspections are covered in the turnaround/rent up charge.
7. Finance
Services included in the base management fee:
Homes2Familes Agreement
11 A. Accounts payable, rent collection, detailed accounting and tracking of expenses, bill payment.
B. Monthly Income Statements to Management Team.
C. Quarterly Income Statements to the City of Yuba, upon request.
D. Annual audit and other reports, as required.
Homes2Familes Agreement
12 Exhibit C
This proposal amends the monthly costs for Regional Housing Authority to manage and maintain the Homes2Families (H2F) units. Unless specifically amended below, current contract language is unchanged.
Landscaping/Groundskeeping
Groundskeeping will be provided weekly for front yards only and includes mowing, trimming, light brush and tree trimming, and removal of all debris. Both weekly groundskeeping and other landscaping work (tree removal, sod, or bark replacement, etc.) will be performed by a third-party contractor and will be direct billed to the units.
Management and Maintenance: April 1, 2022, to March 31, 2023 Management Fee..................................................................................................... $225 per unit Trip (visit) fee........................................................................................................... $144 per visit Normal businesses hours (rolled to nearest hour).................................................. $65 per hour After hour emergency calls (2-hour minimum)....................................................... $65 per hour After hour emergency calls (service fee)................................................................. $50 per visit Annual inspections ($100 maximum per unit) ........................................................ $50 per hour Turn-over................................................................................................................. ½ current rent for unit Management and Maintenance: April 1, 2023, to March 31, 2024 Management Fee..................................................................................................... $235 per unit Trip (visit) fee........................................................................................................... $154 per visit Normal businesses hours (rolled to nearest hour).................................................. $70 per hour After Hour emergency calls (2-hour minimum) ...................................................... $70 per hour After hour emergency calls (service fee)................................................................. $55 per visit Annual inspections ($110 maximum per unit) ....................................................... $55 per hour Turn-over................................................................................................................. ½ current rent for unit
Homes2Families Agreement
Exhibit D
Professional Services Agreement-- Insurance Requirements Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance for his/her employees in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the "Certificate of Exemption from Workers' Compensation Insurance" which is attached hereto as Exhibit C.
General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations are by the Consultant or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
Homes2Families Agreement
Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a current A.M. Best's rating of no less than A:VII and shall be endorsed with the following specific language or equivalent:
A. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. Conforms to ISO CG 2009 and CG 2037 10 01. Both are required.
B. This policy shall be considered primary insurance as respects to the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
C. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
D. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
E. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
F. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage except after thirty (30) days written notice has been received by the City.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City, as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
ATTACHMENT 3
Agenda Item 12
CITY OF YUBA CITY
STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Henson Ranch Estates – Phase 1 (Annexation #3 of property in CFD 2021-1) Recommendation: Adopt a Resolution annexing a certain area, Henson Ranch Estates – Phase 1, within the City Limits into an existing Community Facilities District (CFD No. 2021-1) to fund municipal services, and filing said Resolution, along with the Third Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter
Fiscal Impact: This CFD annexation will provide $505.23 per single family unit annually, with provisions for inflation
Purpose:
To include new residential development in a Community Facilities District (CFD) to pay for impacts to City Services.
Council’s Strategic Goals:
This item addresses the City Council’s Stragegic Goal of operating government in a fiscally responsible and responsive manner.
Background:
The City's adopted policy and Project Conditions of Approval for new residential development include a requirement that the development pay for its share of operations and/or maintenance for police, fire, parks, drainage, and ongoing street maintenance costs. On November 10, 2021, the Planning Commission approved Tentative Map SM 21-01, Henson Ranch Estates – Phase 1, to subdivide a
17.98-acre parcel into 96 single family residential parcels North of North Colusa Frontage Road, east of Hooper Road, and west of El Margarita Road. Planning Commission Condition of Approval No. 45 contains the requirement to pay for operations and/or maintenance for police, fire, parks, drainage, and ongoing street maintenance costs.
The Mello-Roos Community Facilities Act of 1982 (Act) provides a mechanism for cities to form CFDs in order to finance the provision of certain municipal services. The types of services that may be provided by a CFD are as follows:
1. Police
2. Fire
3. Recreation and Library
4. Maintenance of parks, parkways and open space
5. Maintenance of Roadways
6. Flood and storm protection services
7. Hazardous substance removal or remediation
On May 18, 2021, Council adopted Resolution 21-047 establishing policies related to CFDs for services. At this same meeting, Council adopted Resolution 21-048 stating its intention to establish City of Yuba City Community Facilities District 2021-1 (Municipal Services) (CFD 2021-1), authorize the levy of a special tax within the district, and authorize the annexation of future territory into the future annexation area by unanimous written approval
On July 6, 2021, Council voted the Initial Property (Dunn Ranch Estates – Unit 1 Subdivision at the southeast corner of Royo Ranchero Drive and Monroe Drive) to be part of CFD 2021-1 and subject to the special taxes therein. Council also voted to include a Future Annexation Area. The Future Annexation Area consists of several undeveloped, residential zoned properties generally in the western and southern Yuba City Urbanized Area. The Future Annexation Area allows new property owners to annex to the district by unanimous written consent, which streamlines the CFD annexation process.
Analysis:
The Developer of Henson Ranch Estates – Phase 1 has executed an Unanimous Approval of Annexation to a Community Facilities District (CFD 2021-1) to satisfy this condition. Henson Ranch Estates – Phase 1 will be the third property to annex to CFD 2021-1 (Annexation No. 3), and will be subject to the special taxes therein.
In Resolution 21-048, Council directed the preparation of the Report for CFD 2021-1 to show the services to be provided in CFD 2021-1. The Hearing Report for CFD 2021-1 follows the same methodology used in the formation of CFD 2017-1, which initially established a maximum levy of $425 annually per single family residential unit with an escalation factor equal to the percentage escalation of the City’s combined Police and Fire Department budgets, up to a maximum escalation of 4 percent.
The current levy in fiscal year 2022/23 is $505.23 annually per single family residential unit and $368.52 annually per multi-family residential unit, which will be subject to future escalation in accordance with the rate and method of apportionment of the special tax.
A Notice of Special Tax Lein is to be recorded concurrently with the boundary map (Annexation No .3 – Henson Ranch Estates – Phase 1) in the Office of the County Recorder for the County of Sutter, State of California. The lien of the Special Tax is a continuing lien which shall secure each annual levy of the Special Tax within the area of Annexation No. 3 (Henson Ranch Estates – Phase 1).
Fiscal Impact:
A total of 96 residential parcels are contained in Henson Ranch Estates – Phase 1 resulting in a total current annual levy of $48,502.08, based on fiscal year 2022/23 rates.
The developer is responsible for covering the costs of annexing to the CFD.
Alternatives:
Do not adopt a Resolution annexing Henson Ranch Estates – Phase 1 into CFD No. 2021-1 to fund
Municipal Services, and direct staff on other acceptable means of assuring this development contributes its fair share of impacts to services.
Recommendation:
Adopt a Resolution annexing a certain area, Henson Ranch Estates – Phase 1, within the City Limits into an existing Community Facilities District (CFD No. 2021-1) to fund municipal services, and filing said Resolution, along with the Third Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter.
Attachments:
1. Resolution approving Annexation No. 3 (Henson Ranch Estates – Phase 1) to CFD 2021-1 with Exhibits
2. Third Amendment to Notice of Special Tax Lien with Exhibits Prepared By: Submitted By:
Kevin Bradford
Deputy Public Works Director – Engineering
Diana Langley
City Manager
01248.0008/729597.1 AL 1
ATTACHMENT 1
01248.0008/729597.1 AL 2
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YUBA CITY IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF THE CITY OF YUBA CITY COMMUNITY FACILITIES
DISTRICT NO. 2021-1 (MUNICIPAL SERVICES) APPROVING
ANNEXATION NO. 3 (HENSON RANCH ESTATES – PHASE 1)
TO SAID DISTRICT RELATING TO THE PROPERTY LOCATED
NORTH OF NORTH COLUSA FRONTAGE ROAD, EAST OF
HOOPER ROAD, AND WEST OF EL MARGARITA ROAD
WITHIN THE FUTURE ANNEXATION AREA
WHEREAS, on May 18, 2021, this City Council adopted a resolution entitled “A Resolution Of The City Council Of The City Of Yuba City Declaring Its Intention To Establish Yuba City Community Facilities District No. 2021-1 (Municipal Services), To Authorize The Levy Of A Special Tax Therein To Finance Certain Services And To Authorize The Annexation Of Future Territory In The Future Annexation Area To The District By Unanimous Written Approval” (the “Resolution of Intention”), stating its intention to form Yuba City Community Facilities District No. 2021-1 (Municipal Services) (the “CFD”), pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) and a future annexation area to the CFD (“Future Annexation Area”); WHEREAS, the Resolution of Intention, setting forth a description of the proposed boundaries of the CFD and Future Annexation Area, services to be financed by the CFD (“Services”) and Future Annexation Area, including incidental expenses, and the rate and method of apportionment (the “Rate and Method”) of the special tax (the “Special Tax”) to be levied within the CFD to pay for the Services, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; WHEREAS, the Resolution of Intention set July 6, 2021, as the date for the joint public hearing on the establishment of the CFD, the extent of the CFD, the Future Annexation Area, the furnishing of the Services within the CFD, and the proposed Rate and Method; WHEREAS, a notice of the public hearing to be held on July 6, 2021 was published in accordance with the Act;
WHEREAS, on July 6, 2021, this Council held noticed joint public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD and the Future Annexation Area;
WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method and the Future Annexation Area were heard and a full and fair hearing was held; WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the “Hearing Report”) as to the Services to be provided through the CFD and the costs;
WHEREAS, following the close of the hearing, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and Method had not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing
01248.0008/729597.1 AL 3
within the territory of the CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and WHEREAS, following the close of the hearing, written protests with respect to the Future Annexation Area, the furnishing of specified types of services and the Rate and Method had not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or Future Annexation Area or property owners of one-half (1/2) or more of the area of land within the CFD or Future Annexation Area and not exempt from the proposed special taxes; and
WHEREAS, on July 6, 2021, the City Council adopted Resolution No. 21-094, which is on file with the City Clerk and incorporated herein by this reference, that ordered the formation of the CFD and Future Annexation Area, defined the public services (the “Services”) to be provided by the CFD, authorized the levy of a special tax on property within the CFD, preliminarily established an appropriations limit for the CFD, and approved future qualifying projects the ability to voluntarily annex into the Future Annexation Area by unanimous approval of the property owners, all pursuant to the Act; and
WHEREAS, on July 6, 2021, the City Council adopted Resolution No. 21-095 that called a special election for July 6, 2021, at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD were submitted to the qualified electors within the CFD; and
WHEREAS, on July 6, 2021, the City Council adopted Resolution No. 21-096, that declared the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were in favor of the issue presented, and such measure passed; and WHEREAS, on July 12, 2021 a notice of special tax lien was recorded with the Office of the County Recorder of the County of Sutter, as Document No. 2021-0012518 the “Notice of Special Tax Lien”), thereby giving notice that the lien to secure payment of the special tax was imposed on the land in the CFD; and
WHEREAS, the owner (the “Property Owner”) of the parcels listed in Exhibit A hereto and incorporated herein by this reference, located within the Future Annexation Area (the “Property”) has agreed to mitigate certain impacts of the proposed development of the Property by paying for the Services financed by the CFD; and
WHEREAS, pursuant to the Act, the Property Owner has executed a unanimous approval, attached hereto as Exhibit B and incorporated herein by this reference (the “Unanimous Approval”), constituting the Property Owner’s unanimous approval and unanimous vote in favor of the annexation of the Property to the CFD and the levy of special taxes on the Property; and
WHEREAS, the City Council now wishes to approve this Annexation No. 3 of the Property pursuant to the simplified process for annexations under Sections 53328.1, 53339.7 and/or 53339.8 of the Act and add Annexation No. 3 (Henson Ranch Estates – Phase 1) as part of the CFD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY, ACTING AS
LEGISLATIVE BODY OF THE CITY OF YUBA CITY COMMUNITY FACILITIES DISTRICT NO. 2021-1 (MUNICIPAL SERVICES) DOES HEREBY RESOLVE AS FOLLOWS:
01248.0008/729597.1 AL 4
1. Recitals. The City Council finds and determines that all the foregoing recitals are true and correct and incorporated herein.
2. Unanimous Approval. The City Council hereby receives and files the Unanimous Approval as Annexation No. 3 (Henson Ranch Estates – Phase 1) to the CFD, and hereby further authorizes and directs the officers of the City to do any and all things to execute and delivery all documents they may deem necessary or advisable in order to consummate the transaction described herein and to effectuate the purpose of this Resolution.
3. Approval of Annexation. The City Council hereby determines that the Property is added to and part of the CFD with full effect and the City Council approves and confirms the Rate and Method of Apportionment of the Special Tax attached to the Unanimous Approval this reference incorporated herein. The City Council hereby finds that the Property Owner’s unanimous written approval is equivalent to an election pursuant to Government Code Section 53339.7(a) of the Act. The Property is added to and part of the existing CFD with full legal effect, and the City Council shall levy any special tax within the annexed territory as specified in the Ordinance No. 005-021 adopted with respect to the CFD pursuant to Government Code Section 53340, any resolution related thereto and, as specified in the Resolution of Intention, and as specified in any other Ordinance, if any, adopted pursuant to Government Code Section 53340.
4. Consolidation of Annexed Map. The City Council hereby determines that the territory described in Exhibit C hereto, and further defined in the map entitled “Annexation Map No. 3 (Henson Ranch Estates – Phase 1) of City of Yuba City Community Facilities District No. 2021-1 (Municipal Services), City of Yuba City, County of Sutter, State of California” which is on file with the City Clerk, is added to and part of the CFD with full effect. The City Clerk is hereby authorized and directed to endorse the certificates set forth on the map and to record the map in accordance with the provisions of Sections 3111, 3113 and 3113.5 of the Streets and Highways Code of the State of California.
5. Validity of Procedures. The City Council hereby finds and determines that all prior proceedings and actions taken by the City Council pursuant to the Act in connection with the formation, voluntary annexation area and annexation of territory to the CFD, including this Annexation No. 3 (Henson Ranch Estates – Phase 1), were and are valid and in conformity with the Act.
6. Amendment to Notice of Special Tax Lien. The City Clerk, or designee, is hereby directed to complete, execute and cause to be recorded in the office of County Recorder of the County of Sutter, an amendment to the Notice of Special Tax Lien, in accordance with the provisions of Sections 3114.5 and 3117.5 of California Streets and Highways Code of the State of California within fifteen (15) days of the adoption of this Resolution, evidencing that the Property is added to the CFD.
7. Effective Date. The City Clerk shall certify the adoption of this Resolution. This Resolution shall take effect upon its adoption.
[SIGNATURES ON FOLLOWING PAGE]
5 I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the ____ day of ______________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibits:
A. Assessor parcel Numbers and Owners of Land
B. Unanimous Approval
a) Exhibit A – Description of Services
b) Exhibit B – Annexation No. 3, Rate and Method of Apportionment c) Exhibit C – Annexation Map No. 3 of Henson Ranch Estates – Phase 1
EXHIBIT A
CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(MUNICIPAL SERVICES)
ANNEXATION NO. 3 (HENSON RANCH ESTATES – PHASE 1)
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND
Assessor Parcel No(s) Name of Property Owner
62-082-018** YC Hooper Ventures, LLC, A California Limited Liability Company
That will become 96 lots with assessor parcel numbers
62-082-TBD YC Hooper Ventures, LLC, A California Limited Liability Company
**The subject parcel was formerly all of 62-082-011, and a portion of assessor parcel numbers 62-082-009, 62-082-014, and 62-082-015.
EXHIBIT B
CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(MUNICIPAL SERVICES)
ANNEXATION NO. 3 (HENSON RANCH ESTATES – PHASE 1)
UNANIMOUS APPROVAL
[attached]
Annexation No. 3 (Henson Ranch Estates – Phase 1)
UNANIMOUS APPROVAL
of Annexation to a Community Facilities District and Related Matters City of Yuba City
Community Facilities District No. 2021-1
(Municipal Services)
Annexation No. 3 (Henson Ranch Estates – Phase 1)
To the Honorable City Council
City of Yuba City, as legislative body of
Community Facilities District No. 2021-1
(Municipal Services)
1201 Civic Center Boulevard,
Yuba City, California 95993
Members of the City Council:
This constitutes the Unanimous Approval (the “Unanimous Approval”) of YC Hooper Ventures, LLC, A California Limited Liability Company, the record owner(s) (the “Property Owner”) of the fee title to the real property identified below (the “Property”) contemplated by Sections 53328.1 and/or 53339.3 et seq. of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), to the annexation of the Property to the "City of Yuba City Community Facilities District No. 2021-1 (Municipal Services)” (the “CFD”) and approval of the special taxes to be levied against the Property, and the undersigned hereby states, certifies, agrees and declares under penalty of perjury, as follows:
1. Property Owner. This Unanimous Approval is submitted by the Property Owner as the record owner(s) of fee title to the Property. The Property Owner has supplied to the City current evidence of its ownership of fee title to the Property. No parties are residing on the Property and therefore there are no registered voters on the Property.
2. Approval of Annexation. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD. The CFD was formed to finance the municipal services, which are incorporated herein by this reference (the “Services”) described in Exhibit A hereto and made a part hereof. In such connection Property Owner has reviewed the list of the Services and hereby agrees, consents and approves to the Services and the Annexation of the Property to the CFD for the benefit of the City and the CFD.
3. Approval of Special Tax and the Services. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the levy of special taxes (the “Special Taxes”) on the Property to finance the Services. The Special Taxes will be levied according to the Rate and Method of Apportionment of Special Taxes for the CFD attached hereto as Exhibit B and made a part hereof (the "Rate and Method"). In such connection property owner consents and approves of the Rate and Method and understands that such taxes shall be levied against the Property.
4. Approval of the Appropriations Limit. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the appropriations limit
Annexation No. 3 (Henson Ranch Estates – Phase 1)
established for the CFD. The Property Owner hereby approves, consents and agrees to the appropriations limit for the CFD of $1,700,000, pursuant to Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in the population.
5. Waivers and Vote. Resolution No. 21‐048 adopted by the City Council on May 18, 2021 and Resolution No. 21‐094 adopted by the City Council on July 6, 2021 and Sections 53328.1 and 53339.3 of the Act provide an alternate and independent procedure for annexation to a community facilities district that simplifies the annexation process. Under such process, the Property Owner acknowledges and agrees that by executing this Unanimous Approval, the Property Owner is voluntarily waiving any and all right to an election held in accordance with Sections 53326, 53327, 53327.5, 53328, 53339.7, 53339.8 and other relevant provisions of the Act. The Property Owner hereby confirms that this Unanimous Approval constitutes its unanimous approval and unanimous vote as described herein and as contemplated by Section 53339.3 et seq. of the Act and for purposes of the California Constitution Article XIII A and XIII C. In lieu of an approval by public hearing, ballot and election, if any, the Property Owner intends for this Unanimous Approval to constitute its ballot and election and waiver of a public hearing.
Further, the Property Owner hereby waives all other rights with respect to the annexation of the Property, the levy of the Special Taxes on the Property in accordance with the rate and method of apportionment and the other matters covered in this Unanimous Approval.
6. Recordation of Amendment to Notice of Special Tax Lien. The Notice of Special Tax Lien for the CFD was recorded in the Office of the County Recorder of the County of Sutter, State of California on July 12, 2021, as Document No. 2021‐0012518.
The Property Owner hereby understands and agrees, consents and approves to the City Clerk, or City designee, to execute and cause to be recorded in the office of the County Recorder of the County of Sutter an amendment to the Notice of Special Tax Lien for the CFD as required by Section 3117.5 of the California Streets and Highways Code. The amendment to the Notice of Special Tax Lien shall include the Rate and Method as an exhibit thereto.
7. Authority Warranted. The Property Owner warrants to the City that the presentation of this Unanimous Approval, any votes, consents or waivers contained herein, and other actions for the annexation of the Property to the CFD and the levy of special taxes within the area of the Property shall do not constitute events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Property Owner for the Property, including any “due‐on‐ encumbrance” clauses under any existing security instruments secured by the Property.
8. Due Diligence and Disclosures. The Property Owner agrees to cooperate with the City and its attorneys and consultants and to provide all information and disclosures required by the City and/or the Act about the Special Taxes to purchasers of the Property or any part of it.
9. Agreements. The Property Owner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions described in this Unanimous Approval, including any cash deposit required to pay for the City’s costs in annexing the Property to the CFD.
10. The Property. The Property is identified below, and such Property Owner approves, consents and agrees that Property will be subject to the CFD upon recordation of the amendment to the
Annexation No. 3 (Henson Ranch Estates – Phase 1)
Notice of Special Tax Lien. The Property is located in the Future Annexation Area of the CFD and the map is attached hereto as Exhibit C.
Assessor’s Parcel Number(s):
APN Acreage Anticipated Units Property Owner
62-082-018 17.98 96
YC Hooper Ventures, LLC,
A California Limited
Liability Company
Acres: _17.98 _
By executing this Unanimous Approval, the Property Owner agrees, consents, declares and certifies to all of the above.
Annexation No. 3 (Henson Ranch Estates – Phase 1)_
Property Owner
By: YC Hooper Ventures, LLC, A California
Limited Liability Company
By:
Name: Manjit Mike Singh
Also known as Manjit Singh Pabla,
Manjit Singh, and Mike Singh
Title:
Notice Address
YC Hooper Ventures, LLC, A California Limited
Liability Company
4624 Duckhorn Drive
Sacramento, California 95834
Annexation No. 3 (Henson Ranch Estates – Phase 1)
EXHIBIT A
Yuba City
Community Facilities District No. 2021‐1
(Municipal Services)
DESCRIPTION OF SERVICES
The Services to be funded by the CFD include the following services and all incidental expenses related to such services, all of which are authorized by the Act:
PUBLIC SERVICES
(a) Police protection services;
(b) Fire protection and suppression services, ambulance and paramedic services; (c) maintenance of parks, parkways, streets, roads, and open space; (d) flood and storm protection services, including but not limited to the maintenance of storm drainage systems and sandstorm protection systems, (e) Services with respect to the removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment, subject to the limitations contained in Section 53313 of the Act;
(f) Maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the local agency or by another local agency pursuant to an agreement entered into under Section 53316.2; and (g) costs incurred by the City and or County in formation of the district, annexation and annual contract administration.
In accordance with Section 53313 of the Act, the additional services may not supplant services available within the territory when the district was created or annexed.
The same types of services which are authorized to be financed by CFD No. 2021‐1 are the types of services to be provided in the Future Annexation Area, as properties are annexed.
The services include operational and maintenance costs associated with providing such services.
Annexation No. 3 (Henson Ranch Estates – Phase 1)
EXHIBIT B
City of Yuba City
Community Facilities District No. 2021‐1
(Municipal Services)
RATE AND METHOD OF APPORTIONMENT
The Special Tax shall be levied in Annexation No. 3 (Henson Ranch Estates – Phase 1) in accordance with the Rate and Method of Apportionment of Special Tax for City of Yuba City Community Facilities District No. 2021‐1 (Municipal Services) pursuant to the rate set forth in the attachment hereto.
01248.0008/694321.2 1 of 4
CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021‐1
(MUNICIPAL SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel in Community Facilities District No. 2021-1 (Municipal Services) [herein "CFD No. 2021-1"] shall be levied and collected according to the tax liability determined by the City Council, acting in its capacity as the legislative body of CFD No. 2021-1, through the application of the appropriate Special Tax rate, as described below. All of the property in CFD No. 2021-1, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acreage" or "Acre" means the land area making up an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map or other parcel map recorded at the County Recorder's Office.
"Administrative Expenses" means the costs incurred by the City to determine, levy and collect the Special Tax, including salaries of City employees and fees of consultants and the costs of collecting installments of the Special Taxes upon the general tax rolls; preparation of required reports, and any other costs required to administer the CFD No. 2021-1 as determined by the Finance Director. "Administrator" means the person or firm designated by the City to administer the Special Taxes according to this Rate and Method of Apportionment of Special Tax. “Annual Tax Escalation Factor” means an annual increase in the Maximum Special Tax following the Base Year in an amount not to exceed four percent (4%). The Annual Tax Escalation Factor shall be based on the budgeted escalation of the City of Yuba City’s combined Police and Fire Departments from the previous fiscal year.
"Assessor's Parcel" or "Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number.
"Assessor’s Parcel Map" means an official map of the County Assessor designating parcels by Assessor's Parcel number.
"Authorized Services" means the public services authorized to be funded by CFD No. 2021-1 as set forth in the documents adopted by the City Council when the CFD No. 2021-1 was formed. "Base Year" means Fiscal Year 2020-2021.
"City" means the City of Yuba City.
01248.0008/694321.2 2 of 4
"City Council" means the City Council of the City of Yuba City, acting as the legislative body of CFD No. 2021-1.
"County" means Sutter County, California.
"Developed Residential Property" means, in any Fiscal Year, all Parcels of Taxable Property for which a use permit or building permit for new construction of a residential structure was issued prior to June 30 of the preceding Fiscal Year.
"Finance Director" means the Finance Director for the City or his or her designee or successor. "Fiscal Year" means the period starting on July 1 and ending on the following June 30. "Maximum Special Tax" means the maximum Special Tax determined in accordance with Section C below that can be levied on Taxable Property in any Fiscal Year. “Multi-Family Property” means, in any Fiscal Year, all units in CFD No. 2021-1 for which a building permit was issued or may be issued for construction of a residential structure with multiple units that share common walls, all of which are offered for rent to the general public. "Public Property" means any property within the boundaries of CFD No. 2021-1 that is owned by the federal government, State of California, County, City, or other public agency. “Residential Unit(s)” means an individual lot of land for which a building permit could be issued to construct one or more residential dwelling units.
“Residential Property” means all Assessor’s Parcels of Taxable Property for which a map has been recorded designating individual Residential Units.
“Non-Residential Property” means all Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2021-1 for which a map has been recorded designating the Assessor’s Parcel as a lot for which a building permit could be issued and the Assessor’s Parcel cannot be classified as a Residential Property.
"Special Tax" means any tax levied to pay for Authorized Services and Administrative Expenses. “Single Family Property” means buildings containing one dwelling unit located on a single lot that are individually owned, including attached or detached residences (i.e., townhome unit and/or condominium units).
"Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 2021-1 designated as Developed Residential Property.
“Undeveloped Residential Property” means all Parcels of Residential Property within the boundaries of CFD No. 2021-1 that are not Developed Residential Property, as determined by the Administrator.
"Unit" means an individual single family detached unit or an individual residential unit within a duplex, triplex, fourplex, townhome, condominium, or apartment structure.
01248.0008/694321.2 3 of 4
CATEGORIZING PARCELS FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel numbers for all Parcels within CFD No. 2021-1, and each parcel shall be classified as Developed Residential Property, NonResidential Property, Public Property, or Undeveloped Residential Property, and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below.
B. MAXIMUM SPECIAL TAX RATE
All Taxable Property within the CFD No. 2021-1 shall be subject to a Maximum Special Tax that will be levied each Fiscal Year to pay for Authorized Services. As discussed above, the Administrator shall rely first on the Land Use Designation for a Parcel to determine the appropriate Maximum Special Tax in Table 1, below, but, in the absence of an assigned Land Use Designation, the Administrator shall refer to the Zoning Designation and land use to be built on the Parcel. The following Maximum Special Tax rates apply to all Parcels of Developed Property within CFD No. 2021-1:
Each Residential Unit is subject to the Maximum Special Tax shown in Table 1, below.
Non- Residential Property, Undeveloped Property, and Public Property is not subject to the Maximum Special Tax.
Table 1
Property Land Use Fiscal Year 2020/21 Maximum Special Tax Amount *
Single Family Property $467.10 per Single Family Residential Unit Multi-Family Property $340.70 per Multi-Family Residential Unit Undeveloped Residential Property $0 per Assessor’s Parcel * Beginning July 1, 2021 and each July 1 thereafter, all of the Maximum Special Taxes shown in Table 1 above shall be adjusted by applying the Annual Tax Escalation Factor.
C. METHOD OF LEVY AND COLLECTION OF SPECIAL
TAX
Each Fiscal Year, the Administrator shall levy the Maximum Special Tax on each Parcel of Developed Property in CFD No. 2021-1. The Special Tax for CFD No. 2021-1 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes provided, however, that CFD No. 2021-1 may (under the authority of Government Code Section 53340) in any particular case bill the taxes directly to the property owner off the County tax roll, and the Special Tax will be equally subject to foreclosure if delinquent.
D. LIMITATIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Public Property, Non-Residential Property, or Undeveloped Residential Property.
01248.0008/694321.2 4 of 4
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2021‐1 from time to time.
The property to be annexed will be assigned to the appropriate Maximum Special Tax rate for the Tract or Tracts when annexed, as pursuant to California Government Code section 53339 et seq.
In certain cases, it may be determined that a potential property to be annexed may require a higher cost to provide City services than other areas of the City (e.g., if it possesses a large quantity of City- owned infrastructure that requires maintenance). As each annexation is proposed, the City may elect to prepare an analysis to determine the annual cost for providing Services, and may incorporate unique zones with varying Maximum Special Tax rates. Such zones may be referred to by reference to a letter or number on the boundary map, and adjust the rates in Table 1 of such annexation to reflect the applicable rates.
The City may adopt a future annexation area in the future and allow for annexation by unanimous written consent.
F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be left to the City's discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.
G. TERM
The Special Tax shall be collected in perpetuity.
H. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.
EXHIBIT C
CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(MUNICIPAL SERVICES)
ANNEXATION MAP NO. 3 OF YUBA CITY COMMUNITY FACILITIES DISTRICT NO. 2021-1 HENSON RANCH ESTATES – PHASE 1
[attached]
Proposed Boundary Map of CFD No. 2021-1 Annexation No. 3 City of Yuba City, Sutter County, California
20 HOOPER
EL MARGAR TI A
BRYN MAWR
COLUSA FRONTAGE
SERENA
V AI ROMA
MONROE
SAN NICCOLO
SOMBRA
SAN GIMIGNANO
SARAH
FIRENZE
BRYAN
EL MARGAR TI A
20 COLUSA FRONTAGE
1 .
inch = 300 feet
Legend
Parcels subject to the CFD
Existing City Limit Boundaries
Henson Ranch Estates - Phase 1
1 ATTACHMENT 2
2 RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
City of Yuba City
Attn: City Clerk
1201 Civic Center Boulevard
Yuba City, California 95993
THIRD AMENDMENT TO NOTICE OF SPECIAL TAX LIEN
City of Yuba City
Community Facilities District No. 2021-1
(Municipal Services)
Annexation No. 3 (Henson Ranch Estates – Phase 1)
Pursuant to the requirements of Sections 3114.5 and 3117.5 of the Streets and Highways Code and Government Code Section 53311, et seq., the undersigned City Clerk of the City of Yuba City, acting on behalf of City of Yuba City Community Facilities District No. 2021-1 (Municipal Services) (the “CFD”), HEREBY GIVES NOTICE that a lien is hereby imposed on taxable property within the property described herein Annexation No. 3 (Henson Ranch Estates – Phase 1), which has been annexed to the CFD to secure payment of a special tax (“Special Tax”) which the City Council of the City of Yuba City (the “City”), County of Sutter (the “County”), State of California, is authorized to annually levy for the following purpose of financing the following services:
(a) Police protection services;
(b) Fire protection and suppression services, ambulance and paramedic services;
(c) maintenance of parks, parkways, streets, roads, and open space; (d) flood and storm protection services, including but not limited to the maintenance of storm drainage systems and sandstorm protection systems, (e) Services with respect to the removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment, subject to the limitations contained in Section 53313 of the Act; (f) Maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the local agency or by another local agency pursuant to an agreement entered into under Section 53316.2; and
3 (g) costs incurred by the City and or County in formation of the district, annexation and annual contract administration.
The services include operational and maintenance costs associated with providing such services.
The Special Tax is authorized to be levied within the CFD that has now been officially formed and includes Annexation No. 3 (Henson Ranch Estates – Phase 1) and the lien of the Special Tax is a continuing lien which shall secure each annual levy of the Special Tax and which shall continue in force and effect until the special tax obligation is prepaid, if applicable, permanently satisfied, and canceled in accordance with law or until the Special Tax ceases to be levied and a notice of cessation of Special Tax is recorded in accordance with Section 53330.5 of the Government Code.
The rate, method of apportionment, and manner of collection of the authorized special tax is as follows: The rate and method of apportionment of the authorized Special Tax is as shown in the Rate and Method of Apportionment set forth on Exhibit A attached hereto and incorporated herein by this reference (the “Rate and Method”). The Special Tax shall be collected in the same manner as ordinary ad valorem property taxes and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes; provided, however, the CFD may utilize a direct billing procedure for any Special Taxes that cannot be collected on the County tax roll or may elect to collect the Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as follows: The Special Tax is levied perpetually as provided in the Rate and Method and there are no conditions upon which it may be prepaid.
Notice is further given that upon the recording of this notice in the Office of the County Recorder of Sutter County, the obligation to pay the Special Tax levy shall become a lien upon all non-exempt real property within the area of Annexation No. 3 (Henson Ranch Estates – Phase 1) in accordance with Sections 3114.5, 3115.5 and 3117.5 of the Streets and Highways Code.
The (a) names of the owner(s) of the real property included within the annexed property to the CFD as they appear on the last secured assessment roll as of the date of recording of this Notice and (b) the Assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included within Annexation No. 3 (Henson Ranch Estates – Phase 1) to the CFD and not exempt from the special tax, are as set forth on the attached, referenced and incorporated Exhibit B.
Reference is made to the boundary map of the Annexation No. 3 (Henson Ranch Estates – Phase 1) to the CFD recorded concurrently herewith in the Book of Maps of Assessment and Community Facilities Districts in the Office of the County
4 Recorder for the County of Sutter, State of California, which map is now the final boundary map of Annexation No. 3 (Henson Ranch Estates – Phase 1) to the CFD.
The Boundary Map of the original district is Recorded as Document No. 2021- 0012517 in Book 3 of Assessment and Community Facilities Districts at Pages 93 through 96, in the Office of the County Recorder of the County of Sutter, State of California.
Reference hereby is made to the Amendment to Notice of Special Tax Lien to the CFD recorded as Document No. 2021-0012518 in the Records of the County Recorder of the County of Sutter.
For further information concerning the current and estimated tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the City of Yuba City, City Hall, Finance Director, 1201 Civic Center Boulevard Yuba City, California 95993, telephone number 530/822-4618 Dated: As of _________________, 2022
By: _________________________________________
Jackie Sillman, City Clerk
City of Yuba City
A-1
EXHIBIT A
See Rate and Method of Apportionment Attached
(Insert RMA)
01248.0008/694321.2 1 of 4
CITY OF YUBA CITY
COMMUNITY FACILITIES DISTRICT NO. 2021‐1
(MUNICIPAL SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel in Community Facilities District No. 2021-1 (Municipal Services) [herein "CFD No. 2021-1"] shall be levied and collected according to the tax liability determined by the City Council, acting in its capacity as the legislative body of CFD No. 2021-1, through the application of the appropriate Special Tax rate, as described below. All of the property in CFD No. 2021-1, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acreage" or "Acre" means the land area making up an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final subdivision map or other parcel map recorded at the County Recorder's Office.
"Administrative Expenses" means the costs incurred by the City to determine, levy and collect the Special Tax, including salaries of City employees and fees of consultants and the costs of collecting installments of the Special Taxes upon the general tax rolls; preparation of required reports, and any other costs required to administer the CFD No. 2021-1 as determined by the Finance Director. "Administrator" means the person or firm designated by the City to administer the Special Taxes according to this Rate and Method of Apportionment of Special Tax. “Annual Tax Escalation Factor” means an annual increase in the Maximum Special Tax following the Base Year in an amount not to exceed four percent (4%). The Annual Tax Escalation Factor shall be based on the budgeted escalation of the City of Yuba City’s combined Police and Fire Departments from the previous fiscal year.
"Assessor's Parcel" or "Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number.
"Assessor’s Parcel Map" means an official map of the County Assessor designating parcels by Assessor's Parcel number.
"Authorized Services" means the public services authorized to be funded by CFD No. 2021-1 as set forth in the documents adopted by the City Council when the CFD No. 2021-1 was formed. "Base Year" means Fiscal Year 2020-2021.
"City" means the City of Yuba City.
01248.0008/694321.2 2 of 4
"City Council" means the City Council of the City of Yuba City, acting as the legislative body of CFD No. 2021-1.
"County" means Sutter County, California.
"Developed Residential Property" means, in any Fiscal Year, all Parcels of Taxable Property for which a use permit or building permit for new construction of a residential structure was issued prior to June 30 of the preceding Fiscal Year.
"Finance Director" means the Finance Director for the City or his or her designee or successor. "Fiscal Year" means the period starting on July 1 and ending on the following June 30. "Maximum Special Tax" means the maximum Special Tax determined in accordance with Section C below that can be levied on Taxable Property in any Fiscal Year. “Multi-Family Property” means, in any Fiscal Year, all units in CFD No. 2021-1 for which a building permit was issued or may be issued for construction of a residential structure with multiple units that share common walls, all of which are offered for rent to the general public. "Public Property" means any property within the boundaries of CFD No. 2021-1 that is owned by the federal government, State of California, County, City, or other public agency. “Residential Unit(s)” means an individual lot of land for which a building permit could be issued to construct one or more residential dwelling units.
“Residential Property” means all Assessor’s Parcels of Taxable Property for which a map has been recorded designating individual Residential Units.
“Non-Residential Property” means all Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2021-1 for which a map has been recorded designating the Assessor’s Parcel as a lot for which a building permit could be issued and the Assessor’s Parcel cannot be classified as a Residential Property.
"Special Tax" means any tax levied to pay for Authorized Services and Administrative Expenses. “Single Family Property” means buildings containing one dwelling unit located on a single lot that are individually owned, including attached or detached residences (i.e., townhome unit and/or condominium units).
"Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 2021-1 designated as Developed Residential Property.
“Undeveloped Residential Property” means all Parcels of Residential Property within the boundaries of CFD No. 2021-1 that are not Developed Residential Property, as determined by the Administrator.
"Unit" means an individual single family detached unit or an individual residential unit within a duplex, triplex, fourplex, townhome, condominium, or apartment structure.
01248.0008/694321.2 3 of 4
CATEGORIZING PARCELS FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel numbers for all Parcels within CFD No. 2021-1, and each parcel shall be classified as Developed Residential Property, NonResidential Property, Public Property, or Undeveloped Residential Property, and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below.
B. MAXIMUM SPECIAL TAX RATE
All Taxable Property within the CFD No. 2021-1 shall be subject to a Maximum Special Tax that will be levied each Fiscal Year to pay for Authorized Services. As discussed above, the Administrator shall rely first on the Land Use Designation for a Parcel to determine the appropriate Maximum Special Tax in Table 1, below, but, in the absence of an assigned Land Use Designation, the Administrator shall refer to the Zoning Designation and land use to be built on the Parcel. The following Maximum Special Tax rates apply to all Parcels of Developed Property within CFD No. 2021-1:
Each Residential Unit is subject to the Maximum Special Tax shown in Table 1, below.
Non- Residential Property, Undeveloped Property, and Public Property is not subject to the Maximum Special Tax.
Table 1
Property Land Use Fiscal Year 2020/21 Maximum Special Tax Amount *
Single Family Property $467.10 per Single Family Residential Unit Multi-Family Property $340.70 per Multi-Family Residential Unit Undeveloped Residential Property $0 per Assessor’s Parcel * Beginning July 1, 2021 and each July 1 thereafter, all of the Maximum Special Taxes shown in Table 1 above shall be adjusted by applying the Annual Tax Escalation Factor.
C. METHOD OF LEVY AND COLLECTION OF SPECIAL
TAX
Each Fiscal Year, the Administrator shall levy the Maximum Special Tax on each Parcel of Developed Property in CFD No. 2021-1. The Special Tax for CFD No. 2021-1 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes provided, however, that CFD No. 2021-1 may (under the authority of Government Code Section 53340) in any particular case bill the taxes directly to the property owner off the County tax roll, and the Special Tax will be equally subject to foreclosure if delinquent.
D. LIMITATIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Public Property, Non-Residential Property, or Undeveloped Residential Property.
01248.0008/694321.2 4 of 4
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2021‐1 from time to time.
The property to be annexed will be assigned to the appropriate Maximum Special Tax rate for the Tract or Tracts when annexed, as pursuant to California Government Code section 53339 et seq.
In certain cases, it may be determined that a potential property to be annexed may require a higher cost to provide City services than other areas of the City (e.g., if it possesses a large quantity of City- owned infrastructure that requires maintenance). As each annexation is proposed, the City may elect to prepare an analysis to determine the annual cost for providing Services, and may incorporate unique zones with varying Maximum Special Tax rates. Such zones may be referred to by reference to a letter or number on the boundary map, and adjust the rates in Table 1 of such annexation to reflect the applicable rates.
The City may adopt a future annexation area in the future and allow for annexation by unanimous written consent.
F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be left to the City's discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.
G. TERM
The Special Tax shall be collected in perpetuity.
H. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.
B-1
EXHIBIT B
APN OWNER
62-082-018 YC Hooper Ventures, LLC, A California Limited Liability Company
Agenda Item 13
CITY OF YUBA CITY
STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Signatory Authority - Restricted Grant Agreement: Plumas Street Historic District and Water Tower Improvements
Recommendation: Adopt a Resolution authorizing the City Manager to execute Restricted Grant Agreements, Amendments, and Related Documents with the State of California Department of Transportation for the City of Yuba City Plumas Street Historic and Water Tower Park Improvements Project
Fiscal Impact: $2,235,628 Grant with City Match of $90,260.
Purpose:
To improve the quality of life in the Plumas Street Downtown area through beautification, and a cleanup campaign.
Council Strategic Goal:
Allowing the City Manager to have authority to execute the Restricted Grant Agreements, amendments, and other related documents with the State of California, Department of Transportation (Caltrans) for the Plumas Street Historic and Water Tower Park Improvements Project addresses the City Council’s Strategic Goal of maintaining infrastructure, as the receipt of the grant funds will allow the City to improve park and lighting infrastructure, while beautifying and cleaning the Plumas Street corridor and other areas of the City.
Background:
In February of 2022, the Public Works Department applied for a Caltrans Clean California Grant (Grant) to secure funding for a beautification and cleanup project in the Plumas Street Downtown Area. The project scope included the following:
Lead paint abatement, new logo painting, and new lighting installation on the Plumas Street water tower
Installation of digital event sign, landscaping improvements, and splash pad at the Plumas Street Water Tower Park
Installation of gateway arches on Plumas Street
Installation of festoon-style lighting along Center Street
Implementation of a cleanup campaign for Plumas Street, and the City as a whole In March of 2022, the City was notified that it was awarded $2,235,628 for the grant, with a local match of $90,260.
Analysis:
As part of the Clean California Local Grant Program Guidelines, the City is required to submit a resolution to Caltrans, authorizing signatory authority for the Restricted Grant Agreement and other related documents. Executing such a resolution will allow City staff to move the project forward, and begin preparing contract documents.
To ensure that the City secures the grant funds , City staff recommends Council adopt a Resolution delegating signatory authority for the Yuba City Plumas Street Historic and Water Tower Park Improvements Project Restricted Grant Agreement to the City Manager.
Fiscal Impact:
Minimal staff costs associated with executing grant documents. The City has received $2,235,628 in grant funding, with a local match of $90,260. Detailed fiscal impacts and any necessary fiscal appropriations will be presented to Council at the time of awarding various design and construction contracts for this project.
Alternatives:
Do not authorize the City Manager to execute Restricted Grant Agreements, Amendments, and Related Documents with Caltrans for the City of Yuba City Plumas Street Historic and Water Tower Park Improvements Project. This may compromise grant funding eligibility and slow the project's projected schedule for construction.
Attachments:
1. Attachment 1 - Resolution RGA CM Authority
Prepared By: Submitted By:
Josh Wolffe
Associate Civil Engineer
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE RESTRICTED GRANT AGREEMENTS,
AMENDMENTS, AND RELATED DOCUMENTS WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR THE CITY OF YUBA CITY PLUMAS STREET
HISTORIC AND WATER TOWER PARK IMPROVEMENTS PROJECT
WHEREAS, the City of Yuba City is eligible to receive Federal and/or State funding for certain transportation projects, through the California Department of Transportation; and, WHEREAS, for certain funding programs, Restricted Grant Agreements are required to be executed with the California Department of Transportation before such funds can be claimed through said programs; and,
WHEREAS, the City of Yuba City wishes to delegate authorization to execute Restricted Grant Agreements, Amendments, and related Documents with the State of California Department of Transportation
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:
Section 1. The City Council of the City of Yuba City does hereby authorize the City Manager, or designee, to execute Restricted Grant Agreements, Amendments, and related documents with the State of California Department of Transportation.
Section 2. This Resolution shall take effect immediately.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 16th day of August, 2022.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Agenda Item 14
CITY OF YUBA CITY
STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Wastewater Treatment Facility Temporary Discharge Point 003 (Plans & Specifications)
Recommendation: Adopt a Resolution approving the plans and specifications for the Wastewater Treatment Facility Temporary Discharge Point 003 Project (22-12) and authorizing advertisement for bids on the project
Fiscal Impact: Engineer’s Estimate: $275,000.00 – Account No. 1156 (New Outfall and River Levee Crossing Replacement)
Purpose:
To maintain the City’s Wastewater Treatment Facility (WWTF) operational effectiveness through proactive rehabilitation and major maintenance.
Council’s Strategic Goal:
This project addresses City Council’s Strategic Goal of improving the City’s Infrastructure.
Background:
The City owns and operates the WWTF that provides secondary treatment and disinfection prior to discharging into the Feather River. Discharges from the WWTF are regulated by Waste Discharge Requirements (WDRs) issued by the Central Valley Regional Water Quality Control Bard (Central Valley Water Board), under the National Pollutant Discharge Elimination System (NPDES). The City, as a “Discharger”, must comply with requirements set forth in the Waste Discharge Requirements and renew the NPDES permit every 5 years to continue discharge operations. The City must renew its NPDES permit in 2023.
The WWTF discharges into the Feather River through an existing 24-inch diameter outfall pipeline and river diffuser (Discharge Point 001) near Shanghai Falls. The WWTF also has a 36-inch diameter pipeline parallel to the existing diffuser and under the river bed to convey treated effluent to the percolation ponds (Discharge Point 002) on the eastern shore of the Feather River. Discharge Point 002 was designed and installed because erosion of Shanghai Falls in October 2011 altered the river flow path and water depth over Discharge Point 001.
In 2016-2017, excessive rainfall and the Oroville Spillway Incident led to protracted high flows in the Feather River which further eroded the crest of Shanghai Falls. These changes in the Feather River channel at the Discharge Point 001 led to reductions in the depth of flow over the outfall diffuser, which limits dilutions when river flows are less than 10,000 cubic feet per second (cfs), constrains the WWTF discharge flows to the river, creates a public safety issue for river users under low river flows, and violates the City’s NPDES permit.
In order to not remain in violation with the terms of the current NPDES permit, and until the permanent discharge point is constructed, the Central Valley Waterboard is requiring the City to provide a new temporary point of discharge (Temporary Discharge Point 003) for the WWTF effluent in the Feather River by constructing a short pipeline to serve as a new discharge point in the interim. Temporary Discharge Point 003 is one component of the WWTF Outfall and Diffuser Project which will permanently reroute the outfall pipeline and relocate the diffuser at a more stable location downstream.
Temporary Discharge Point 003 would remain in place until the new permanent diffuser is operational, which is anticipated to be in 2025. Once the permanent outfall pipeline and diffuser is operational, Temporary Discharge Point 003 would be removed from the site.
The major project element of Temporary Discharge Point 003 will consist of approximately 300 feet of 24-inch diameter HDPE pipe that will be installed on the ground surface from an existing 24-inch flanged riser adjacent to the percolation ponds, to a discharge point in the Feather River upstream of Shanghai Falls.
Analysis:
Public Works has prepared the project plans, specifications, and cost estimate for the Wastewater Treatment Facility Temporary Discharge Point 003 Project. With Council’s approval of the plans and specifications and authorization to advertise for bids, and upon approval of permits, staff proposes the following schedule:
Advertise for bid: September 2022
Open bids: September 2022
Award contract: October 2022
Start of construction: November 2022
Complete construction: November 2022
The plans and specifications for the project are on file in the Public Works Department at City Hall and at www.yubacity.net/publicworksplans for review. The City’s Public Works Department will perform construction management and inspection.
Since construction takes place on the bank of the Feather River, and various Federal, State, and Local agencies have jurisdictional authority, the City contracted with Jacobs Engineering Group, Inc. in February 2022 to provide environmental and permitting consultant. On May 2, 2022, Jacobs submitted the following permit applications on behalf of the City for Temporary Discharge Point 003 construction:
California Department of Fish and Wildlife Lake and Streambed Alteration (LSA) Notification (Section 1600)
Central Valley Regional Water Quality Control Board application for Clean Water Act Section 401 Water Quality Certification
U.S. Army Corps of Engineers Pre-Construction Notification for Nationwide Permit (NWP) 7 The City anticipates these permits will be approved by their respective jurisdictions by the end of August 2022. Staff will not advertise for bids until the permits are issued.
Fiscal Impact:
The estimated total project cost is approximately $275,000. This estimate includes 15% contingency and system start up and testing. Account No. 1156 (New Outfall and River Levee Crossing Replacement) has sufficient funding programmed. Detailed fiscal impacts will be presented to Council at the time of award based on actual bid amounts.
Alternatives:
1. Do not approve the plans and specifications and delay the project.
2. Modify the proposed plans and specifications.
Delaying the project will prolong the City’s NPDES permit violation and may impact the City’s next renewal cycle.
Recommendation:
Adopt a Resolution approving the plans and specifications for the Wastewater Treatment Facility Temporary Discharge Point 003 Project (22-12) and authorizing advertisement for bids on the project.
Attachments:
1. Resolution - Wastewater Treatment Facility Temporary Discharge Point 003 (Plans & Specifications)
2. Location Map - Wastewater Treatment Facility Temporary Discharge Point 003 (Plans & Specifications)
Prepared By: Submitted By:
Nick Menezes
Assistant Engineer
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
APPROVING THE PLANS AND SPECIFICATIONS FOR THE WASTEWATER TREATMENT FACILITY TEMPORARY DISCHARGE POINT 003 PROJECT (22-12) AND AUTHORIZING ADVERTISEMENT FOR BIDS ON THE PROJECT WHEREAS, the Public Works Department intends to solicit bids for construction of the Wastewater Treatment Facility Temporary Discharge Point 003 Project (22-12) (Project).
NOW, THEREFORE, be it resolved and ordered by the City Council of the City of Yuba City as follows:
1. The plans and specifications for the Project.
2. The Public Works Department is hereby authorized and directed to advertise for bids for the Project.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 16th day of August, 2022.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
VICINITY MAP
VAULT
CONNECTION
Feather River
WWTF Outfall and Diffuser Project, Temporary Outfall
City of Yuba City, California
0 50 100
Feet
Pipeline
$
Agenda Item 15
CITY OF YUBA CITY
STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Extension of time for Development Plan 20-03, Richland Village Affordable Housing Development, and the associated funding commitment Recommendation: Approve a two-year extension of time for Development Plan 20-03 and the associated funding commitment, pursuant to City Municipal Code Section 8-
5.7106, resulting in a new expiration date of January 19, 2025 Fiscal Impact: $1,000,000 in financial assistance for the development as approved on May 18, 2021.
Purpose:
To assist in the production of additional affordable housing in Yuba City.
Council's Strategic Goal:
This project addresses the City Council's goal of quality of life.
Background:
In October 2020, the City received a development plan application for the entitlement of a multiphase 176-unit apartment complex from the Regional Housing Authority (RHA) located in the Richland Housing area, adjacent to the airport. The development titled “Richland Village” proposes to construct a 176-unit affordable apartment complex community on a 4.9-acre site at 470 Bernard Drive (APN 53- 470-091) in Yuba City. The community will consist of one, two, and three-bedroom units in eight residential buildings, with a 2,795 square foot community center, and outdoor amenity spaces.
On January 19, 2021, the City Council approved Development Plan 22-03 and an initial funding request was presented before the Council. Following that meeting, an Ad Hoc committee was established to further discuss the request. On May 18, 2021, City Council approved a funding commitment of $1,000,000 towards the Richland Village development, the proceeds of which are from the City’s LowMod Housing Asset Fund.
The Developer, Sutter County Affordable Homes (SCAH), is an affiliate 501(c)(3) Public Non-Profit entity of the RHA. The project was recently awarded $30 million in funding through the California Department of Housing and Community Development’s (HCD), Affordable Housing and Sustainable
Communities (AHSC) program. Of the awarded amount, $8.5 million is designated for Yuba-Sutter Transit to construct a new transit related facility.
Analysis:
City staff have determined that the conditions for approval of the project remain valid, and there is no apparent reason for the denial of the requested time extension. Additionally, the applicant submitted a written request for the extension in compliance with the conditions placed on the project at the time of approval.
The applicant’s time extension request states that they are requesting the extension due to the timing of applying for additional funding and awaiting awards. Based on the applicant’s request and the above analysis, staff finds that no circumstances have occurred to necessitate any changes to the originally approved project Findings or Conditions of Approval. Approval of the current extension request is at the discretion of the City Council.
Fiscal Impact:
The fiscal impact on the City will be the continuation of the approved commitment of $1,000,000 towards the project if the extension request is approved.
The project cost for 176 units is estimated in the amount of approximately $73.2 million when budgeting for the entire project, including relocation costs, financing terms/requirements, design, construction, fees, etc. Placing the cost at approximately $409,000/unit. The Regional Housing Authority is actively working to finalize funding needs through a tax-credit and tax-exempt bond application, with awards being scheduled to be announced on November 30, 2022. The current application for tax-exempt debt and tax-credit equity is for approximately $51 million.
In regard to construction timelines, if the project is awarded tax-credit financing on November 30, 2022, then construction is anticipated to start in June 2023. If the tax-credit financing is not awarded, then the Regional Housing Authority will re-apply for funding in March 2023 with construction anticipated to start in November 2023.
The RHA has worked with City staff to provide a project design that tries to find a balance between the lowest cost options and meeting federal and City design standards to produce a product that is attractive, durable, yet reasonably value engineered.
Alternatives:
1. Do not approve the request at this time.
2. Provide staff with further direction.
Recommendation:
Approve a two-year extension of time for Development Plan 22-03 and the associated funding commitment, pursuant to City Municipal Code Section 8-5.7106, resulting in a new expiration date of January 19, 2025.
Attachments:
1. City Council Resolution
2. Extension Request Letter, dated March 17, 2022
3. Funding Commitment Letter, dated May 24, 2021
4. Project Location / Site Plan
5. Approved Development Plan Elevations
Prepared By: Submitted By:
Ben Moody
Public Works and Development Services Director
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY TO APPROVE A TWO-YEAR EXTENSION OF TIME FOR DEVELOPMENT PLAN (DP) 20- 03, RICHLAND VILLAGE AFFORDABLE HOUSING DEVELOPMENT, AND THE
ASSOCIATED FUNDING COMMITTMENT BETWEEN THE CITY OF YUBA CITY, THE
REGIONAL HOUSING AUTHORITY, AND SUTTER COUNTY AFFORDABLE HOMES FOR RICHLAND VILLAGE AFFORDABLE HOUSING (APN 53-470-091)
WHEREAS, the City received development plan application for the entitlement of a multiphase 176-unit apartment complex from the Regional Housing Authority (RHA) located in the Richland Housing area; and
WHEREAS, the development titled “Richland Village” proposes to construct a 176-unit affordable apartment home community on a 4.9-acre site at 470 Bernard Drive (APN 53-470-091) in Yuba City; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December 17, 2020, and considered all of the project and environmental information presented by staff, public testimony and all of the background information.
WHEREAS, following the close of the public hearing on the matter the Planning Commission unanimously voted to approve Development Plan 20-03, Richland Village; and WHEREAS, on January 19, 2021, the City Council held a duly noted public hearing on Development Plan 20-03, Richland Village and an initial funding request was presented; and WHEREAS, a public hearing was held, and the opportunity for public comment was provided; and
WHEREAS, following the close of the public hearing on the matter the City Council unanimously voted to approve Development Plan 20-03 Richland Village and following the public hearing an Ad Hoc committee was established to further discuss the funding request; and WHEREAS, On May 18, 2021 City Council approved a funding commitment of $1,000,000 towards the Richland Village development; and
WHEREAS, the Developer, Sutter County Affordable Homes (“SCAH”) is an affiliate 501(c)(3) public non-profit entity of RHA, and desires to construct “Richland Village.” SCAH plans to create a limited partnership to construct, own and operate the Housing Project; and WHEREAS, the project was recently awarded $30 million in funding through the California Department of Housing and Community Development’s (HCD), Affordable Housing and Sustainable Communities (AHSC) program; and
WHEREAS, the applicant submitted a written request for the extension in compliance with the conditions placed on the project at the time of approval; and WHEREAS, the applicant’s time extension request states that they are requesting the extension due to the timing of applying for additional funding and awaiting awards. Based on the
applicant’s request and the above analysis, staff finds that no circumstances have occurred to necessitate any changes to the originally-approved Findings or Conditions of Approval.
WHEREAS, the City Council desire that a two-year extension of time be approved for Development Plan 20-03, and the associated funding commitment between the City of Yuba City, the Regional Housing Authority, and Sutter County Affordable Homes for Richland Village Affordable Housing.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Yuba City as follows:
Section 1. Recitals. The City Council finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein.
Section 2. CEQA Findings. The City Council finds that the project was previously analyzed environmentally pursuant to California Environment Quality Act (CEQA) and was determined to be Categorically Exempt pursuant to CEQA Section 15332, Infill Development Projects, and no further action is required under CEQA.
Section 3. Extension of Time. The City Council approves the two-year extension of time for approved Development Plan 20-03, and the associated funding commitment between the City of Yuba City, the Regional Housing Authority, and Sutter County Affordable Homes for Richland Village Affordable Housing
Section 4. Effective Date. This Resolution shall become effective immediately.
The foregoing Resolution was duly and regularly introduced, passed and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on August 16, 2022 by the following vote:
AYES:
NOES:
ABSENT:
___________________________
Dave Shaw, Mayor
ATTEST:
________________________________
Ciara Wakefield, City Clerk Administrator
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
________________________________
SHANNON CHAFFIN, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
Regional Housing Authority is an equal opportunity employer and housing provider
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6HUYLQJWKH&LWLHVRI/LYH2DN<XED&LW\DQG&ROXVD&RXQWLHVRI6XWWHU1HYDGD&ROXVDDQG<XED March 17, 2022
Diana Langley, City Manager
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
Re: Richland Village
470 Bernard Drive
Yuba City, CA 95991
Dear Ms. Langley,
We are excited to inform the City Council and City staff ŽĨZŝĐŚůĂŶĚsŝůůĂŐĞ͛ƐƉƌŽŐƌĞƐƐ͘dŚĞƉƌŽũĞĐƚǁĂƐ recently awarded $30 million by the State Department of Housing and Community Development and the State Strategic Growth Council, in addition to other local government commitments for the development of the planned 176-unit new construction project. This only covers partial financing of the project, and the next step in the financing process is applying for low-income housing tax-credit financing in March 2022.
In January 2021, the City Council approved our development plan and a $1 million-dollar financial commitment towards the project, with an expiration date of January 2023. Due to the timing of applying for additional funding and awaiting awards, we are seeking a one-year extension for both the entitlements and the financial commitment. We are hoping it is not needed; however, we would like to ensure that we have the time available if there is a delay in approval of our tax credit application, or we have to apply again in future rounds.
I would be happy to meet and discuss. If you should need any additional information, I can be reached at (530) 671-0220, extension 113, or at [email protected].
Sincerely,
Gustavo Becerra
Executive Director
Cc: Ben Moody, Development Services Director/Public Works Director
ATTACHMENT 3
ATTACHMENT 4
RICHLAND VILLAGE 470 BERNARD DRIVE YUBA CITY, CALIFORNIA PROJECT SUMMARY SHEET INDEX PARKING SUMMARY PROJECT DIRECTORY BUILDING AREA SUMMARY DECEMBER 4, 2020 Yuba City , California Richland Village 470 Bernard Drive COVER SHEET A0 A0 COVER SHEET A1.1 DEMO SITE PLAN A1.2 SITE PLAN A2.1 TYPE 1 - BUILDINGS 1, 3 & 5 A2.2 TYPE 2 - BUILDING 7 A2.3 TYPE 3 - BUILDING 8 A2.4 TYPE 4 - BUILDING 2 & 4 A2.5 TYPE 5 - BUILDING 6 A2.6 UNIT PLANS A & B A2.7 UNIT PLAN C A2.8 COMMUNITY CENTER AND LAUNDRY A3.1 EXTERIOR ELEVATIONS - TYPE 1 - BUILDINGS 1, 3 & 5 A3.2 EXTERIOR ELEVATIONS - TYPE 2 - BUILDING 7 A3.3 EXTERIOR ELEVATIONS - TYPE 3 - BUILDING 8 A3.4 EXTERIOR ELEVATIONS - TYPE 4 - BUILDING 2 & 4 A3.5 EXTERIOR ELEVATIONS - TYPE 5 - BUILDING 6 A3.6 EXTERIOR ELEVATIONS - COMMUNITY CENTER A3.7 TYPE 1 - COLORED BUILDING RENDERINGS A3.8 TYPE 2 - COLORED BUILDING RENDERINGS A3.9 TYPE 3 - COLORED BUILDING RENDERINGS A3.10 TYPE 4 - COLORED BUILDING RENDERINGS A3.11 TYPE 5 - COLORED BUILDING RENDERINGS A3.12 COMMUNITY CENTER - COLORED BUILDING RENDERINGS L1 PRELIMINARY LANDSCAPE PLAN L2 LEGENDS, NOTES, DETAILS, SHADING CALCS ARCHITECT KUCHMAN ARCHITECTS PC ATTENTION: PHIL HARVEY 2203 13TH STREET SACRAMENTO, CA 95818 PHONE: (916) 447-3436 FAX: (916) 447-3466 EMAIL: [email protected] DEVELOPER LANDSCAPE ARCHITECT TOM SMITH ASSOCIATES ATTENTION: TOM SMITH 6921 ROSEVILLE ROAD SACRAMENTO, CA 95842 PHONE: (916) 349-7376 EMAIL: [email protected] DEVELOPER SUTTER COMMUNITY AFFORDABLE HOUSING ATTENTION: GUS BECERRA 1455 BUTTE HOUSE ROAD YUBA CITY, CA 95993 (530) 671-0220 ext. 113 EMAIL: [email protected] SAGE HOUSING GROUP LLC ATTENTION: LUKE WATKINS 2745 PORTAGE BAY EAST DAVIS, CA 95616 (530) 400-2927 EMAIL: [email protected] PARKING REQUIRED 1.1 SPACE PER UNIT TOTAL PARKING REQUIRED = 194 PARKING PROVIDED FULL SIZE SPACES 124 COMPACT PARKING SPACES 52 ACCESSIBLE SPACES 8 TOTAL PARKING PROVIDED: 184 SPACES PARKING RATION 1.1 SPACES PER UNIT PROJECT RICHLAND VILLAGE LOCATION 470 BERNARD DRIVE YUBA CITY, CA. JURISDICTION YUBA CITY APN 53-470-091 SITE AREA 4.92 ACRES DWELLING UNITS 1 BEDROOM UNITS 88 50% 2 BEDROOM UNITS 44 25% 3 BEDROOM UNITS 44 25% TOTAL DWELLING UNITS 176 UNITS LIVING SQ. FT STORAGE SQ. FT. WH/CLOSET SQ. FT. PATIO SQ. FT (COVERED) BUILDING & TYPE BUILDING 1 - TYPE 1 BUILDING 2 - TYPE 4 BUILDING 3 - TYPE 1 BUILDING 4 - TYPE 4 BUILDING 5 - TYPE 1 BUILDING 6 - TYPE 5 BUILDING 7 - TYPE 2 BUILDING 8 - TYPE 3 TOTAL RATIO COMMUNITY CENTER LAUNDRY/MAINTENANCE/ STORAGE BIKE SHELTERS 512 20-65UNIT TYPES A-AC, A 1 BD/1BA 1212128850% 108121210 687 20-98B-AC, B 2 BD/1BA 6664425% 54665 920 28-142 C-AC, C 3 BD/2BA 6664425% 54665 TOTAL UNITS PER BLDG 2424242016242420 176 100% TOTAL UNIT / BLDG SQ. FT. 18,873 15,728 141,849 TOTAL COVERED WALKWAY 840 18,873 840 18,873 840 630 630 420 630 840 18,873 18,873 18,873 12,583 5,670 TOTAL INTERIOR AND COVERED WALKWAY 19,713 19,503 13,003 16,358 147,519 19,713 19,713 19,713 19,503 2,795 1,245 4,040 572 572 112 792 1584
SAMUEL DR
BERNARD DR
MILES AVE
MC KEEHAN DR
ATWOOD DR
GARDEN HWY
JOHN TEE DR
SUBJECT AREA
Development Plan 20-03: Richland Village
Apartments
GATE NO PARKINGNO PARKING NO PARKINGNO PARKING TRASH TRANS. TRANS. TRANS. BLDG 8 TYPE 3 3 STORY/1 STORY TRANS. NEW BICYCLE LANE C C C C C CC C C C C C C C C C CCC C C C C C C C C C C C C CC CC C C C C C C C C C C C C C C DECEMBER 4, 2020 Yuba City , California Richland Village 470 Bernard Drive SITE PLAN A1.2 0 105 20 40 SCALE: 1" = 20'-0" COMMUNITY CENTER TRASH 54'-0" OUTDOOR REC AREA SOLAR ACCESS OUTDOOR REC AREA EMERGENCY EXIT 24'-0"
11'-0" 19'-3 1/2"
15'-0"
24'-0"
24'-0" 27'-6" 30'-0" 20'-0"
74'-5 1/2"
11'-1" 29'-0"
86'-5 1/2" TRANSFORMER TRASH TRASH 20'-0" 20'-0" 5'-2 1/2" 74'-5 1/2"
53'-8 1/2" BLDG 5 3-STORY TYPE 1 BLDG 2 3-STORY TYPE 4 BLDG 6 3-STORY/2-STORY TYPE 5 BLDG 1 3-STORY TYPE 1 BLDG 3 3-STORY TYPE 1 BLDG 4 3-STORY TYPE 4 SITE INFORMATION PARCEL: 214,632.230 square ft. = 4.92 ACRES BUILDING FOOTPRINT: 56,452 S.F. OVERALL BUILDING SQUARE FOOTAGE: 147,519 S.F. 15'-0" BLDG 7 3-STORY/2-STORY TYPE 2 FIRE ACCESS FIRE ACCESS LAUNDRY OUTDOOR REC AREA 18'x44' BIKE SHELTER 44 BIKES 18'x44' BIKE SHELTER 44 BIKES BASKETBALL HOOP BASKETBALL HOOP 8'-0" 8'-0" 7'-6" 7'-6" FIRE RISER FIRE RISER FIRE RISER FIRE RISER FIRE RISER FIRE RISER FIRE RISER FIRE RISER BUILDING LEGEND 2-STORY COMPONENT 1-STORY COMPONENT
ATTACHMENT 5
RICHLAND VILLAGE 470 BERNARD DRIVE YUBA CITY, CALIFORNIA PROJECT SUMMARY SHEET INDEX PARKING SUMMARY PROJECT DIRECTORY BUILDING AREA SUMMARY DECEMBER 4, 2020 Yuba City , California Richland Village 470 Bernard Drive COVER SHEET A0 A0 COVER SHEET A1.1 DEMO SITE PLAN A1.2 SITE PLAN A2.1 TYPE 1 - BUILDINGS 1, 3 & 5 A2.2 TYPE 2 - BUILDING 7 A2.3 TYPE 3 - BUILDING 8 A2.4 TYPE 4 - BUILDING 2 & 4 A2.5 TYPE 5 - BUILDING 6 A2.6 UNIT PLANS A & B A2.7 UNIT PLAN C A2.8 COMMUNITY CENTER AND LAUNDRY A3.1 EXTERIOR ELEVATIONS - TYPE 1 - BUILDINGS 1, 3 & 5 A3.2 EXTERIOR ELEVATIONS - TYPE 2 - BUILDING 7 A3.3 EXTERIOR ELEVATIONS - TYPE 3 - BUILDING 8 A3.4 EXTERIOR ELEVATIONS - TYPE 4 - BUILDING 2 & 4 A3.5 EXTERIOR ELEVATIONS - TYPE 5 - BUILDING 6 A3.6 EXTERIOR ELEVATIONS - COMMUNITY CENTER A3.7 TYPE 1 - COLORED BUILDING RENDERINGS A3.8 TYPE 2 - COLORED BUILDING RENDERINGS A3.9 TYPE 3 - COLORED BUILDING RENDERINGS A3.10 TYPE 4 - COLORED BUILDING RENDERINGS A3.11 TYPE 5 - COLORED BUILDING RENDERINGS A3.12 COMMUNITY CENTER - COLORED BUILDING RENDERINGS L1 PRELIMINARY LANDSCAPE PLAN L2 LEGENDS, NOTES, DETAILS, SHADING CALCS ARCHITECT KUCHMAN ARCHITECTS PC ATTENTION: PHIL HARVEY 2203 13TH STREET SACRAMENTO, CA 95818 PHONE: (916) 447-3436 FAX: (916) 447-3466 EMAIL: [email protected] DEVELOPER LANDSCAPE ARCHITECT TOM SMITH ASSOCIATES ATTENTION: TOM SMITH 6921 ROSEVILLE ROAD SACRAMENTO, CA 95842 PHONE: (916) 349-7376 EMAIL: [email protected] DEVELOPER SUTTER COMMUNITY AFFORDABLE HOUSING ATTENTION: GUS BECERRA 1455 BUTTE HOUSE ROAD YUBA CITY, CA 95993 (530) 671-0220 ext. 113 EMAIL: [email protected] SAGE HOUSING GROUP LLC ATTENTION: LUKE WATKINS 2745 PORTAGE BAY EAST DAVIS, CA 95616 (530) 400-2927 EMAIL: [email protected] PARKING REQUIRED 1.1 SPACE PER UNIT TOTAL PARKING REQUIRED = 194 PARKING PROVIDED FULL SIZE SPACES 124 COMPACT PARKING SPACES 52 ACCESSIBLE SPACES 8 TOTAL PARKING PROVIDED: 184 SPACES PARKING RATION 1.1 SPACES PER UNIT PROJECT RICHLAND VILLAGE LOCATION 470 BERNARD DRIVE YUBA CITY, CA. JURISDICTION YUBA CITY APN 53-470-091 SITE AREA 4.92 ACRES DWELLING UNITS 1 BEDROOM UNITS 88 50% 2 BEDROOM UNITS 44 25% 3 BEDROOM UNITS 44 25% TOTAL DWELLING UNITS 176 UNITS LIVING SQ. FT STORAGE SQ. FT. WH/CLOSET SQ. FT. PATIO SQ. FT (COVERED) BUILDING & TYPE BUILDING 1 - TYPE 1 BUILDING 2 - TYPE 4 BUILDING 3 - TYPE 1 BUILDING 4 - TYPE 4 BUILDING 5 - TYPE 1 BUILDING 6 - TYPE 5 BUILDING 7 - TYPE 2 BUILDING 8 - TYPE 3 TOTAL RATIO COMMUNITY CENTER LAUNDRY/MAINTENANCE/ STORAGE BIKE SHELTERS 512 20-65UNIT TYPES A-AC, A 1 BD/1BA 1212128850% 108121210 687 20-98B-AC, B 2 BD/1BA 6664425% 54665 920 28-142 C-AC, C 3 BD/2BA 6664425% 54665 TOTAL UNITS PER BLDG 2424242016242420 176 100% TOTAL UNIT / BLDG SQ. FT. 18,873 15,728 141,849 TOTAL COVERED WALKWAY 840 18,873 840 18,873 840 630 630 420 630 840 18,873 18,873 18,873 12,583 5,670 TOTAL INTERIOR AND COVERED WALKWAY 19,713 19,503 13,003 16,358 147,519 19,713 19,713 19,713 19,503 2,795 1,245 4,040 572 572 112 792 1584
Agenda Item 16
CITY OF YUBA CITY
STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Consideration to approve Development Plan 22-01: Yuba City Self-Storage Recommendation: A. Conduct a Public Hearing; and
B. Adopt a Resolution to approve Environmental Assessment 22-03 by adopting a Mitigated Negative Declaration, subject to the Conditions of Approval and Mitigation Measures, and approve Development Plan 22-01, Yuba City SelfStorage, on 9.52 acres, located along the south side of Colusa Highway Frontage Road approximately 720 feet west of the intersection of Colusa Frontage Road and George Washington Boulevard (Assessor’s Parcel Number 63-020-140)
Fiscal Impact: The costs for processing the land use entitlements is funded by the project applicants. The development of the project will be subject to the payment of development impact fees as well as building permit fees that will cover future costs incurred by the City.
Council’s Strategic Goals:
This item meets the City Council’s strategic goal of: business friendly.
Purpose:
Consideration to approve Development Pan (DP) 22-01, allowing for the development of Yuba City Self-Storage. This proposal will establish a self-storage facility in two phases on 9.52 acres. Phase 1 consists of nine self-storage unit buildings and a graveled outdoor storage area for 192 vehicles.
Phase 2 is the conversion of the outdoor vehicle storage area to nine additional self-storage buildings.
As this staff report is a summary of the items being considered, a copy of the staff report to the Planning Commission is attached.
Background:
The applicant has filed a Development Plan application to construct an approximately 200,000 square foot self-storage facility once both phases are complete. Due to the size of the development, the application must be recommended by the Planning Commission for City Council approval.
Planning Commission Action on July 27, 2022:
On July 27, 2022, the Planning Commission considered the proposed Development Plan, with the supporting documents. At the meeting, the Commission opened the item for a Public Hearing and there were no comments from the public or comments from the Planning Commission.
By a vote of 4-to-0, the Planning Commission recommended that the City Council certify the Environmental Assessment 22-03 prepared and adopt a Mitigated Negative Declaration, subject to the Conditions of Approval and Mitigation Measures, and approve Development Plan 22-01, Yuba City Self-Storage, on 9.52 acres.
General Plan Designation:
The site is designated in the General Plan as Business, Technology & Light Industrial (B, T, & LI).
Self-storage units are consistent with that designation.
Zoning Classification:
The property is within a Light Industrial Zone District together with an X27 Combining District (M-1 X27). The M-1 Zone District allows self-storage units by-right; the X27 Combining District provides for specific criteria that development of the property must meet (a copy of the X27 Zone District is attached). In particular to this project, the location is near the gateway to the City and the X27 Combining District requires a high-quality design.
Bordering Information:
The project is located in west Yuba City surrounded by light industrial uses, including another selfstorage facility on the west and south. There are no nearby residences or other types of uses that would be sensitive to being near a self-storage and outdoor vehicle parking facility. As such, it is not expected that there will be any compatibility issues with neighboring uses. Adjacent land uses include:
TABLE 1: BORDERING LAND USES
North: Frontage road and State Route 20.
South: Outdoor vehicle parking portion of a neighboring self-storage facility to the west.
East: Various light industrial uses.
West: Self-storage facility
Environmental Determination:
An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.
Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and recommends adoption of a mitigated negative declaration for this self-storage project. The findings of the mitigated negative declaration is that, with the proposed mitigations for geology/soils, greenhouse gas emissions, and Tribal cultural resources, the self-storage facility will not create any significant environmental impacts. As a result, the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA. The proposed mitigations are included in
the project conditions of approval.
California Environmental Quality Act Findings:
1. The Planning Commission recommends that the City Council find that an environmental assessment/ initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies. While the proposed project could have a potentially significant effect on the environment, based on its independent judgement and analysis the Planning Commission recommends the City Council find that feasible mitigation measures or alternatives have been incorporated into the project in order to avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment will occur. The projectspecific mitigation measures included in the project to avoid potentially significant effects are set forth in the attached Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the project specific mitigations imposed, there is no substantial evidence in the record that this project may have significant direct, indirect, or cumulative effects on the environment.
ii. Adoption of MND and Mitigation Monitoring and Reporting Program. Based on the foregoing, the Planning Commission recommends the City Council adopt the Mitigated Negative Declaration prepared for the project, included the associated Mitigation Monitoring and Reporting Program, as the project will not result in any significant, adverse, environmental impacts with the mitigation imposed.
The Yuba City Development Services Department is located at 1201 Civic Center Blvd., Yuba City, CA 95993, and is recommended to be designated as the custodian of the documents and other materials that constitute the record of proceedings upon which the decision is based. The Planning Commission further recommends the City Council authorize the Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for approval of the project that complies with the CEQA Guidelines.
Development Plan 22-01 Findings
Based upon analysis of the Development Plan application and subject to the applicant’s compliance with the conditions of approval noted, the Planning Commission recommends the following required findings of Section 8-5.7001(d) of the Zoning Regulations can be made (the required findings are in italics).
(i) The site for the proposed use is adequate in size and shape to accommodate said use, public access, parking, landscaping, and other features required by this chapter.
The proposed approximately 200,000 square feet of self-storage facility will fit within the 9.52-acre site and meet all City standards. This includes off-street parking, lighting, landscaping, and other City adopted standards. All City services are available to the site, and adequate public access is provided by Colusa Frontage Road.
(ii) The streets serving the site are adequate to carry the quantity of traffic generated by the proposed use.
The site is served by Colusa Frontage Road. Both the City Public Works Department and Caltrans determined that the street would adequately serve the site. With the proposed condition that prohibits
commercial truck parking on this project site, the nearest intersection at Colusa Frontage Road and George Washington Boulevard will not be impacted.
(iii) The site design, design of the buildings, and the scale of the project will complement neighboring facilities.
Based on the analysis provided in the staff report, the design of the project combined with the condition added for further review of the two-story portion of the project, adequately addresses the City’s desire for a high-quality building design. The project’s design and enhanced street frontage landscaping, both being modified by the recommended conditions of approval, will complement the neighboring properties.
(iv) The application satisfies at least one of the findings found in Title 6, Chapter 9, Article 6 of the Municipal Code.
This project complies with this finding as the Sutter Butte Flood Control Agency (SBFCA) is the “Local Flood Management Agency” for the Sutter-Butte Basin and as such, has the responsibility to prepare an annual report demonstrating adequate progress as defined in California Government Code Section 645007 (a). SBFCA has prepared Adequate Progress Report Updates for ULOP and transmitted them to the Central Valley Flood Protection Board. As such this site has adequate flood protection.
Additionally, the City has imposed conditions on the Development Plan that will protect property within the area to the urban level in urban areas and urbanizing areas.
Staff Comments:
Traffic and Circulation:
Self-storage facilities are very low traffic generators. There was an initial concern that commercial truck parking in the vehicle storage area could impact the nearby Colusa Frontage Road intersection with George Washington Boulevard. Although commercial truck parking was not proposed by the applicant, a condition has been added that prohibits commercial truck parking. As a result, traffic generated by this project is believed to be insignificant and not trigger development thresholds.
While limited amount of new traffic from this project is not a cause for concern at the SR 20/George Washington Boulevard intersection, Caltrans did raise a longer-term concern that “with existing congestion issues at SR 20/N. George Washington Blvd. intersection and Colusa (Frontage) Road intersection being close to SR 20 this may cause future operational and safety issues. As further development occurs in the area, the City should look at a mechanism for collecting proportional share contributions to improve access or look at alternative access points to Colusa Road.” As a result, Public Works and Engineering with traffic modeling and operations will partner with Caltrans regarding responsibility and future cost burdens.
Availability of City services:
All City services, including water, sewer, and storm-water drainage (a combination of City and Sutter County Water Agency) are available to this site. However, due to the low intensity use of the site, the proposal is to utilize an individual onsite septic system rather than the City wastewater collection system.
Recommended Action:
A. Conduct a Public Hearing; and
B. Adopt a Resolution to approve Environmental Assessment 22-03 by adopting a Mitigated Negative Declaration, subject to the Conditions of Approval and Mitigation Measures, and approve Development Plan 22-01, Yuba City Self-Storage, on 9.52 acres, located along the south side of Colusa Highway Frontage Road approximately 720 feet west of the intersection of Colusa Frontage Road and George Washington Boulevard (Assessor’s Parcel Number 63-020-140).
Alternatives:
1. Deny the application for DP 22-01.
2. Amend the Conditions of Approval.
3. Amend the Mitigation Measures.
4. Provide staff with further direction.
Attachments:
1. Resolution
2. Exhibit A DP 22-01 Plans
3. Exhibit B Conditions of Approval
4. Planning Commission Staff Report, July 27, 2022
Prepared By: Submitted By:
Jaspreet Kaur
Associate Planner
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING DEVELOPMENT PLAN 22-01, YUBA CITY SELF-STORAGE, ON 9.52 ACRES,
LOCATED ALONG THE SOUTH SIDE OF COLUSA HIGHWAY FRONTAGE ROAD APPROXIMATELY 720 FEET WEST OF THE INTERSECTION OF COLUSA FRONTAGE ROAD AND GEORGE WASHINGTON BOULEVARD (ASSESSOR’S PARCEL NUMBER 63-020-140); INCLUDING THE MITIGATED NEGATIVE
DECLARATION PREPARED AS DETAILED IN THE ENVIRONMENTAL
ASSESSMENT 22-03, SUBJECT TO THE CONDITIONS OF APPROVAL AND MITIGATION MEASURES.
WHEREAS, the City received an application for Development Plan 22-01 (“DP 22-01") to construct in two phases a self-storage facility and outdoor vehicle storage area. Any new development that would result from this action will be provided full City services; and WHEREAS, this property is within Yuba City’s city limits and the property owner wished to develop their property to urban levels; and
WHEREAS, a review of the General Plan and Zoning Regulations determined that the proposed subdivision was consistent with the other elements of the General Plan and Zoning Regulations; and
WHEREAS, the Planning Commission reviewed related Environmental Assessment 22- 03 considering a Mitigated Negative Declaration (MND) prepared for the project, which provided mitigations that reduce potential significant impacts to less than significant; and WHEREAS, the City on July 6, 2022, published a legal notice and a public hearing notice was mailed to each property owner within at least 300 feet of the project site in compliance with State law concerning the Planning Commission’s consideration on July 27, 2022; and WHEREAS, the Planning Commission held a duly noticed public hearing on July 27, 2022 and considered all of the project and environmental information presented by staff, public testimony and all of the background information; and
WHEREAS, the Planning Commission took action to recommend approval of the Development Plan and Environmental Assessment 22-03 by a vote of 4 to 0, with three Commissioners absent; and
WHEREAS, the City Council of the City of Yuba City considered said recommendations of the Commission on the matter of a Development Plan for said property and conducted a public hearing on the matter on August 16, 2022; and
WHEREAS, the City Council now desires to approve Development Plan 22-01 and Environmental Assessment 22-03, and adopt a MND for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
1. Recitals. The City Council finds that the recitals are true and correct, and incorporates the same herein as if set forth in full.
2. CEQA Findings. The City Council finds and determines that there is no substantial evidence in the record that DP 22-01 may have a significant effect on the environment as identified by the MND prepared EA 22-03. The City Council finds that an Environmental Assessment/Initial Study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines, and reflects the Council’s independent judgement and analysis. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of Environmental Assessment 22-03 necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies. While the proposed project could have a potentially significant effect on the environment, based on its independent judgement and analysis, the City Council find that feasible mitigation measures or alternatives have been incorporated into the project in order to avoid the effects or mitigate the effects to a point where no significant effect on the environment will occur, and there is no substantial evidence in the record that this project may have any direct, indirect or cumulative effects on the environment that are potentially significant and adverse. The proposed project will not result in any adverse effects which fall within the “Mandatory Findings of Significance” contained in Section 15065 of the State CEQA Guidelines. The project-specific mitigation measures included in the project to avoid potentially significant effects are set forth in the Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the project specific mitigations imposed, there is no substantial evidence in the record that this project may have significant direct, indirect, or cumulative effects on the environment. As such, the City Council also finds and determines that in light of the entire administrative record and the substantial evidence before it, the project has been adequately environmentally assessed as required by CEQA per EA 17-10.
3. Adoption of MND and Mitigation Monitoring and Reporting Program. Based on the foregoing, the City Council approves Environmental Assessment 22-03 and adopts a Mitigated Negative Declaration for the project, included the associated Mitigation Monitoring and Reporting Program, as the project will not result in any significant, adverse, environmental impacts with the mitigation imposed. The Yuba City Development Services Department located at 1201 Civic Center Blvd., Yuba City, CA 95993, is designated as the custodian of the documents and other materials that constitute the record of proceedings upon which the decision is based. The City Council authorizes the Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for approval of the project.
4. Development Plan Findings. The City Council finds and determines that there is substantial evidence in the entire administrative record that DP 22-01, as conditioned, is consistent with the requirements of the Municipal Code requirements applicable to DP 22-01. The City Council further approves, accepts as its own, incorporates as if set forth in full herein, and makes each and every one of the findings, based on the evidence in the record, as follows:
i. The site for the proposed use is adequate in size and shape to accommodate said use, public access, parking and loading, yards, landscaping, and other features required by this chapter.
Basis for Finding: The proposed approximately 200,000 square feet of self-storage facility will fit within the 9.52-acre site and meet all City standards. This includes offstreet parking, lighting, landscaping, and other City adopted standards. All City services are available to the site, and adequate public access is provided by Colusa Frontage Road.
ii. The streets serving the site are adequate to carry the quantity of traffic generated by the proposed use.
Basis for Finding: The site is served by Colusa Frontage Road. Both the City Public Works Department and Caltrans determined that the street would adequately serve the site. With the proposed condition that prohibits commercial truck parking on this project site, the nearest intersection at Colusa Frontage Road and George Washington Boulevard will not be impacted.
iii. The site design, design of the buildings, and the scale of the project will complement neighboring facilities.
Basis for Finding: Based on the analysis provided in the staff report, the design of the project combined with the condition added for further review of the two-story portion of the project, adequately addresses the City’s desire for a high-quality building design.
The project’s design and enhanced street frontage landscaping, both being modified by the recommended conditions of approval, will complement the neighboring properties.
iv. The application satisfies at least one of the findings found in Title 6, Chapter 9, Article 6 of the Municipal Code.
Basis for Finding: This project complies with this finding as the Sutter Butte Flood Control Agency (SBFCA) is the “Local Flood Management Agency” for the Sutter-Butte Basin and as such, has the responsibility to prepare an annual report demonstrating adequate progress as defined in California Government Code Section 645007 (a).
SBFCA has prepared Adequate Progress Report Updates for ULOP and transmitted them to the Central Valley Flood Protection Board. As such this site has adequate flood protection. Additionally, the City has imposed conditions on the Development Plan that will protect property within the area to the urban level in urban areas and urbanizing areas.
5. Development Plan Approved. For all the foregoing reasons, and each of them, the City Council approves Development Plan 22-01, as shown in Exhibit A, and as modified by the conditions of approval provided in Exhibit B.
6. Effective Date. This Resolution shall become effective immediately.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 16th day of August, 2022.
AYES:
NOES:
ABSENT:
_____________________________
Dave Shaw, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
_______________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachments:
Exhibit A: Development Plan 22-01
Exhibit B: Conditions of Approval and Mitigation Measures
EXHIBIT A
1234 567 8 9 NO PARKING
ELEC
F.R.
TRASH
F.R.
F.R.
KEYPAD
SLIDING GATE
ICE
AIR/WATER
F.R. F.R. F.R. F.R. F.R. F.R.
FAUX UNITS FAUX UNITS
FAUX UNITS FAUX UNITS
COLUSA ROAD
28'
28'
28'
28'
28'
28'
28'
30'
35' DRIVE AISLE
32' DRIVE AISLE
32' DRIVE AISLE
35' DRIVE AISLE
35' DRIVE AISLE
35' DRIVE AISLE
(E) SEPTIC
(E) ELEC. BOX
(E) ELEC. BOX
RELOCATE
BEHIND SIDEWALK
(E) ELEC. BOX
(E) COMMS BOX
(E) COMMS RISER
RELOCATE
BEHIND SIDEWALK
(E) BOLLARD (TYP.)
COLUSA RD EP
(E) FENCE TO BE
REMOVED ALONG
FRONTAGE
(E) BOLLARD (TYP.)
(E) BUILDING (NOT A PART)
(E) FENCE
(E) FENCE
STORAGE BUILDING 'B'
8,000 S.F.
1-STORY
STORAGE BUILDING 'C'
9,000 S.F.
1-STORY
STORAGE BUILDING 'D'
27,000 S.F.
1-STORY
STORAGE BUILDING 'E'
5,625 S.F.
1-STORY
STORAGE BUILDING 'F'
9,000 S.F.
1-STORY
STORAGE BUILDING 'F'
9,000 S.F.
1-STORY
STORAGE BUILDING 'H'
9,000 S.F.
1-STORY
STORAGE BUILDING 'I' - 4,800 S.F. -1-STORY
STORAGE BUILDING 'A'
12,620 S.F.
1-STORY
OFFICE/RESIDENCE
2,200 S.F.2-STORY
46 - 12'X35' PAVED
RV PARKING SPACES
46 - 12'X35' PAVED
RV PARKING SPACES
46 - 12'X35' PAVED
RV PARKING SPACES
23 - 12'X20' PAVED RV PARKING SPACES
(FUTURE PHASE II 1-STORY BUILDING "R" - 8,900 S.F.)
18 - 12'X30' PAVED RV PARKING SPACES
(FUTURE PHASE II 1-STORY BUILDING "J" - 9,900 S.F.)
13 - 12'X30' PAVED RV PARKING SPACES
(FUTURE PHASE II 1-STORY BUILDING "Q" - 6,700 S.F.)
WATER QUALITY / DETENTION POND AREA
KEYPAD
SLIDING
GATESMUSDA
10,000 S.F.
(P) PUMP TANK
(P) SEPTIC TANK
TRASH ENCLOSURE
F.R.
F.R.
F.R.
F.R.
F.R.
F.R.
F.R.
F.R.
AIR/WATER
ICE
POSSIBLE FUTURE STORAGE
10,400 S.F.
(P) LEECH LINES
(E) PROPERTY LINE
(E) PROPERTY LINE
45.00' ±
(P) 15.5' PUE
(E) MUSDA
10,000 S.F.
12"W
(E) 12" WATER
MAIN STUB
(E) 20' SD EASEMENT
S 00°33'25" E 751.76'
N 00°34'30" W 750.80'
S 89°25'30" W 551.76'
S 89°19'31" W 552.00'
GSELL
63-020-134
GSELL
63-020-135
JOHN TAYLOR
FERTILIZERS CO
63-020-041
JLKB & CIH
ENTERPRISES INC
63-020-139
JLKB & CIH
ENTERPRISES INC
63-020-139
W
W
W
W
W
W
W
W
W
W
W
W
W
(P) FIRE HYDRANT
(P) FIRE HYDRANT
(P) FIRE HYDRANT
& FIRE SERVICE
(P) STREET LIGHT
(P) STREET LIGHT
(P) STREET LIGHT
FUTURE PHASE II 1-STORY BUILDING "K" - 10,400 S.F.
FUTURE PHASE II 1-STORY BUILDING "L" - 31,200 S.F.
FUTURE PHASE II 1-STORY BUILDING "N" - 10,400 S.F.
FUTURE PHASE II 1-STORY BUILDING "O" - 10,400 S.F.
FUTURE PHASE II 1-STORY BUILDING "P" - 10,400 S.F.
FUTURE PHASE II 1-STORY
BUILDING "M" - 6,500 S.F.
(P) 12" SD
(E) 12" SD
(P) SD OUTFALL 48"X48" BOX
AND 12" SLIDE GATE WITH
2" ORIFICE HOLE
0 20' 40' 80' 160'
SCALE 1" = 40'
DATE:________________ _________________________________________ JOHN S. MALLENPLS 8457 R
S
A
ND
S. L L A M A U
E
OY
R I A
NE
OR
4 LIF
S . L
F C
8 A
5 7N
LL V
O SS I
OJ P FOR
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TAT S N
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O
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O
LEGAL DESCRIPTION:
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SUTTER, CITY OF YUBA CITY, DESCRIBED AS FOLLOWS:
BEING PARCEL C-2 OF LOT LINE ADJUSTMENT NO. 06-13, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF YUBA CITY, COUNTY OF SUTTER, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 19, T15N, R3E, M.D.M., AND BEING MORE PARTICULARLY DESCRIBED ASFOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF PARCEL 1 OF PARCEL MAP NO. 524, AS FILED IN BOOK 3 OF PARCEL MAPS, AT PAGE74, SUTTER COUNTY RECORDS, SAID POINT ALSO LYING ON THE SOUTHERLY RIGHT OF WAY BOUNDARY OF CALIFORNIA STATE HIGHWAY 20; THENCE EASTERLY ALONG SAID HIGHWAY RIGHT OF WAY, NORTH 89° 19’ 31" EAST, 108.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID HIGHWAY RIGHT OF WAY BOUNDARY, NORTH 89° 19’ 31 ” EAST, 552.00 FEET, MORE OR LESS , TO A POINT ON THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN DOCUMENT NO. 199814471,
SUTTER COUNTY RECORDS, TO JAMES ORLANDO SMITH AND MARY COLLEN BARDELU, AS CO-EXECUTORS OF THE ESTATE OF GEORGE SMITH; THENCE SOUTHERLY ALONG SAID EAST LINE OF SMITH PARCEL, SOUTH 00° 33’ 25" EAST, 751.76 FEET; THENCE LEAVING SAID EAST LINE OF SMITH PARCEL, SOUTH 89° 25’ 30" WEST, 551.76 FEET; THENCE NORTH 00° 34' 30” WEST, PARALLELWITH THE EAST LINE OF NOTED PARCEL 1, A DISTANCE OF 750.80 FEET TO THE SAID SOUTH LINE OF HIGHWAY 20, SAID POINTBEING THE TRUE POINT OF BEGINNING.
APN: 63-020-140
LOCATION MAP
FIRE PROTECTION
CITY OF YUBA CITY FIRE DEPARTMENT
LAW ENFORCEMENT
CITY OF YUBA CITY POLICE
SANITARY SEWER
CITY OF YUBA CITY PUBLIC WORKS
DOMESTIC WATER
CITY OF YUBA CITY PUBLIC WORKS
STORM DRAINAGE
CITY OF YUBA CITY PUBLIC WORKS
AND SUTTER WATER AGENCY
ELECTRICITYPACIFIC GAS AND ELECTRICNATURAL GAS (OPTIONAL)PACIFIC GAS AND ELECTRIC
COMMUNICATION
AT&T AND COMCAST
CABLE (OPTIONAL)COMCAST
PROJECT NOTES
GENERAL NOTES:
1. THE APPLICANT RESERVES THE RIGHT TO PHASE CONSTRUCTION OF PROPOSED STRUCTURES.
2. THIS EXHIBIT IS FOR DEVELOPMENT PLAN REVIEW ONLY, ACTUAL DIMENSIONS AND ACREAGE ARE TO BE VERIFIED PRIOR TO ACCEPTANCE OF PLANS.
3. THIS IS AN APPLICATION FOR A DEVELOPMENT PERMIT.
4. OWNERS, APPLICANT, ATTORNEY, ENGINEER, AND SURVEYOR SHALL RECEIVE ANY COMMUNICATIONS AND/OR NOTICES RELATED TO THIS PROJECT.
EXISTING USE
VACANT
EXISTING GENERAL PLAN DESIGNATION
REGIONAL COMMERCIAL
PROPOSED GENERAL PLAN DESIGNATION
REGIONAL COMMERCIAL
EXISTING ZONING
M-1
PROPOSED ZONING
M-1LEVEE PROTECTION
LEVEE DISTRICT NO. 9 OF SUTTER COUNTYELEMENTARTY SCHOOL DISTRICT
YUBA CITY UNIFIED SCHOOL DISTRICT
HIGH SCHOOL DISTRICT
YUBA CITY UNIFIED SCHOOL DISTRICT
IRRIGATION DISTRICT
NONE
OWNER
HWY 20 COMMERCIAL INDUSTRIAL, LLC4624 DUCKHORN DRIVE
SACRAMENTO, CA 95834
CONTACT: MIKE SINGH
PHONE: (530) 682-6686APPLICANTWESTMARK PARTNERS, L.P.4624 DUCKHORN DRIVE SACRAMENTO, CA 95834
CONTACT: MIKE SINGH
PHONE: (530) 682-6686
ENGINEER/SURVEYOR
MHM INCORPORATED
1204 E STREET, P.O. BOX B
MARYSVILLE, CA 95901
CONTACT: JOHN MALLEN, P.E., P.L.S.
PHONE: (530) 742-6485ASSESSOR'S PARCEL NO.APN 63-020-140
PARCEL AREA
9.52 ACRE
SCALE 1' = 1000'
HOOPER ROAD
MILLER ROAD
N. GEO WASH BLVD.
ROYO RANCHERO
SURVEYORS STATEMENT:
I HEREBY STATE THAT ALL EASEMENTS OF RECORD
ARE SHOWN AND LABELED PER PRELIMINARY TITLEREPORT BY PLACER TITLE COMPANY ORDER NUMBERP-380785 DATED JANUARY 27, 2020.
JOHN MALLEN, P.E. 62315, P.L.S. 8457
TEL: 530.742.6485
FAX: 530.742.5639
1204 E STREET, P.O. BOX B
MARYSVILLE, CA 95901
ENGINEERS & SURVEYORS SINCE 1892
CL
A NOT TO SCALE FRONTAGE ROAD - 20.0' R/W
TYPE "A" ASPHALT
12.0' @ 2%
CLASS 2 A.B.
PL
2.5'
(E) 20.0' R/W
BARRIER CURB
& GUTTER
SIDEWALK
TYPE "A" ASPHALT
18.0' @ 2%
CLASS 2 A.B.
5.0'
12.0'
TRAVEL
LANE
12.0' @ 2%
FEBRUARY 01, 2022
YUBA CITY, CALIFORNIA
DEVELOPMENT PLAN REVIEW
HIGHWAY 20 SELF STORAGE
STATE ROUTE 20
DESCRIPTION
PRIMARY LAND USE
FLOOR AREA RATIO
LANDSCAPEPARKING REQUIREDMAXIMUM LOT
COVERAGE
MAXIMUM BUILDING
HEIGHT
SITE DATA
REQUIRED
BUSINESS / LIGHT
INDUSTRIAL
PROPOSED
SELF-STORAGE
N/A
TBD
1 SPACE / 300 SF
OFFICE
4 FOR CUSTOMERS
N/A
45'
20,004 SQ. FT.
REGULAR - 6
ADA - 1
RV - 192
23%
1 STORY
0.233 (96,615 SQ.
FT.)
FRONT
SIDE
REAR
10'
0'0'
27'
0'50'
SETBACK REQUIREMENTS
DESCRIPTION REQUIRED PROPOSED
STATE ROUTE 20
(P) 15.5' PUE
SCALE: SCHEME B SITE PLAN - PHASE I 1" = 40' THIS DRAWING AND ITS CONTENTS ARE INSTRUMENTS OF SERVICE AND ARE THE COPYRIGHTED PROPERTY OF JORDAN ARCHITECTS, INC. THE USE IS EXPRESSLY INTENDED FOR THE PROJECT NOTED ABOVE AND MAY NOT BE REUSED OR REPRODUCED IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF JORDAN ARCHITECTS, INC. "COPYRIGHT" YEAR OF FIRST PUBLICATION 2020 JORDAN ARCHITECTS, INC. 05/10/2022 JOB NUMBER: DATE: YUBA CITY SELF STORAGE YUBA CITY, CA 21-706 JORDAN A R C H I T E C T S 131 CALLE IGLESIA, SUITE 100 SAN CLEMENTE, CA 92672 949.388.8090 NORTH BUILDING AREA TABULATION ( Square Feet ) BUILDING SELF- STORAGE OFFICE / RESIDENCE GROSS BUILDING AREA OFFICE / RESIDENCE 2200 2,200 BUILDING A 12,990 12,990 BUILDING B 8,000 8,000 BUILDING C 9,000 9,000 BUILDING D 27,000 27,000 BUILDING E 5,625 5,625 BUILDING F 9,000 9,000 BUILDING G 9,000 9,000 BUILDING H 9,000 9,000 BUILDING I 4,800 4,800 SELF STORAGE GROSS SQ. FT. TOTAL 94,415 96,615 ESTIMATED NET RENTABLE @ 95% = 89,694 SQ. FT. SITE DATA DESCRIPTION REQUIRED PROPOSED ZONING DESIGNATION M-1 M-1 PRIMARY LAND USE BUSINESS / LIGHT INDUSTRIAL SELF-STORAGE SITE AREA 414,691 SQ. FT. (9.52 ACRES) FLOOR AREA RATIO N/A 0.233 (96,615 SQ. FT.) LANDSCAPE TBD 4.8% (20,004 SQ. FT.) PARKING REQUIRED 1 SPACE / 300 SF OFFICE 4 FOR CUSTOMERS REGULAR - 8 ADA - 1 RV PARKING N/A RV SPACES - 192 105,060 SQ. FT. MAXIMUM LOT COVERAGE N/A 23% (95,515 SQ. FT.) MAXIMUM BUILDING HEIGHT 45' 1 STORY MINIMUM SETBACKS FRONT 10' 27' SIDE 0' 0' REAR 0' 0' EP EP EP EP EP 46 12x35 RV PARKING SPACES 27,040 SF 23 12x20 RV PARKING SPACES 8,280 SF 18 12x30
RV PARKING SPACES
8,640 SF
13 12x30
RV PARKING SPACES
7,020 SF
10,000 S.F. OF MUSDA COLUSA RDSTORAGE BLDG. 'A' 12,990 S.F. - 1-STORY STORAGE BLDG. 'I' - 4,800 S.F. - 1-STORY
STORAGE BLDG. 'C'
9,000 S.F.
1-STORY
STORAGE BLDG. 'D'
27,000 S.F.
1-STORY
STORAGE BLDG. 'B'
8,000 S.F. 1-STORY
STORAGE BLDG. 'E'
5,625 S.F. 1-STORY
STORAGE BLDG. 'F'
9,000 S.F.
1-STORY
STORAGE BLDG. 'G'
9,000 S.F.
1-STORY
STORAGE BLDG. 'H'
9,000 S.F.
1-STORY OFFICE/RESIDENCE 2,200 S.F. 2-STORY 1234 567 8 9 NO
PARKING ELEC F.R. TRASH
F.R. F.R. KEYPAD38'-0" ENTRY DRIVE 17'-6" 18'-6" SLIDING GATE ICE AIR/WATER 28'-0" 28'-0" 28'-0" 28'-0" 28'-0" 28'-0" 28'-0" 30'-0"
35'-0"
DRIVE AISLE
32'-0"
DRIVE AISLE
32'-0"
DRIVE AISLE
35'-0"
DRIVE AISLE 35'-0" DRIVE AISLE 35'-0" DRIVE AISLE 25'-0" 44'-0"
30'-0"
30'-0" 433'-0" 25'-0"
20'-0"
250'-0" 30'-0"
270'-0" 40'-0"
225'-0" 40'-0"
225'-0" 40'-0"
225'-0" 40'-0"
225'-0"
225'-0"
225'-0" 120'-0" 25'-0" 20'-0"
240'-0" RETENTION AREA F.R. F.R. F.R. F.R. F.R. F.R. FAUX UNITS FAUX UNITS FAUX UNITS FAUX UNITS 46 12x35 RV PARKING SPACES 27,040 SF 46 12x35 RV PARKING SPACES 27,040 SF
SCALE: SCHEME B SITE PLAN - PHASE II 1" = 40' THIS DRAWING AND ITS CONTENTS ARE INSTRUMENTS OF SERVICE AND ARE THE COPYRIGHTED PROPERTY OF JORDAN ARCHITECTS, INC. THE USE IS EXPRESSLY INTENDED FOR THE PROJECT NOTED ABOVE AND MAY NOT BE REUSED OR REPRODUCED IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF JORDAN ARCHITECTS, INC. "COPYRIGHT" YEAR OF FIRST PUBLICATION 2020 JORDAN ARCHITECTS, INC. 05/09/2022 JOB NUMBER: DATE: YUBA CITY SELF STORAGE YUBA CITY, CA 21-706 J
O
R
D
A
N
A
R
C
H I T
E
C
T
S
131 C
A
L
L
E IG
L
E
SIA, S
UIT
E 10
0 S
A
N
C
L
E
M
E
N
T
E, C
A
9 2
6 7
2 949.388.8090 NORTH BUILDING AREA TABULATION ( Square Feet ) BUILDING SELF- STORAGE OFFICE / RESIDENCE GROSS BUILDING AREA PHASE I TOTAL 94415 2200 96,615 BUILDING J 9,900 9,900 BUILDING K 10,400 10,400 BUILDING L 31,200 31,200 BUILDING M 6,500 6,500 BUILDING N 10,400 10,400 BUILDING O 10,400 10,400 BUILDING P 10,400 10,400 BUILDING Q 6,700 6,700 BUILDING R 8,900 8,900 SELF STORAGE GROSS SQ. FT. PHASE I TOTAL 94,415 96,615 PHASE II TOTAL 104,800 104,800 PROJECT TOTAL 199,215 201,415 ESTIMATED NET RENTABLE @ 95% = 189,254 SQ. FT. SITE DATA DESCRIPTION REQUIRED PROPOSED ZONING DESIGNATION M-1 M-1 PRIMARY LAND USE BUSINESS / LIGHT INDUSTRIAL SELF-STORAGE SITE AREA 414,691 SQ. FT. (9.52 ACRES) FLOOR AREA RATIO N/A 0.486 (201,415 SQ. FT.) LANDSCAPE TBD 4.8% (20,004 SQ. FT.) PARKING REQUIRED 1 SPACE / 300 SF OFFICE 4 FOR CUSTOMERS REGULAR - 8 ADA - 1 MAXIMUM LOT COVERAGE N/A 48.3% (200,315 SQ. FT.) MAXIMUM BUILDING HEIGHT 45' 1 STORY MINIMUM SETBACKS FRONT 10' 27' SIDE 0' 0' REAR 0' 0' EP EP EP EP EP
PHASE II STORAGE
BLDG 'J' 9,900 S.F. 1-STORY
PHASE II STORAGE BLDG 'Q' 6,700 S.F. 1-STORY
PHASE II STORAGE
BLDG 'K' 10,400 S.F.
1-STORY
PHASE II STORAGE
BLDG 'L' 31,200 S.F.
1-STORY
PHASE II STORAGE
BLDG 'M' 6,500 S.F. 1-STORY
PHASE II STORAGE
BLDG 'N' 10,400 S.F.
1-STORY
PHASE II STORAGE BLDG 'R' 8,900 S.F. 1-STORY
PHASE II STORAGE
BLDG 'O' 10,400 S.F.
1-STORY
PHASE II STORAGE
BLDG 'P' 10,400 S.F.
1-STORY
10,000 S.F. OF MUSDA COLUSA RD PHASE I STORAGE BLDG. 'A' 12,990 S.F. - 1-STORY PHASE I STORAGE BLDG. 'I' - 4,800 S.F. - 1-STORY
PHASE I STORAGE BLDG. 'C'
9,000 S.F.
1-STORY
PHASE I STORAGE BLDG. 'D'
27,000 S.F.
1-STORY
PHASE I STORAGE BLDG. 'E'
5,625 S.F. 1-STORY
PHASE I STORAGE BLDG. 'B'
8,000 S.F. 1-STORY
PHASE I STORAGE BLDG. 'F'
9,000 S.F.
1-STORY
PHASE I STORAGE BLDG. 'G'
9,000 S.F.
1-STORY
PHASE I STORAGE BLDG. 'H'
9,000 S.F.
1-STORY OFFICE/RESIDENCE 2,200 S.F. 2-STORY
1 2
3 4
5 6
7 8 9
NO
PARKING ELEC F.R. TRASH
F.R. F.R. KEYPAD38'-0" ENTRY DRIVE 17'-6" 18'-6" SLIDING GATE ICE AIR/WATER 28'-0" 28'-0" 28'-0" 28'-0" 28'-0" 28'-0" 28'-0" 30'-0"
35'-0"
DRIVE AISLE
36'-0"
DRIVE AISLE 25'-0"
44'-0"
30'-0"
30'-0" 433'-0" 25'-0"
20'-0"
250'-0" 30'-0"
270'-0" 40'-0"
225'-0" 40'-0"
225'-0" 40'-0"
225'-0" 40'-0"
225'-0"
225'-0"
225'-0" 120'-0" 25'-0" 20'-0"
240'-0" RETENTION AREA F.R. F.R. F.R. F.R. F.R. F.R. FAUX UNITS FAUX UNITS FAUX UNITS FAUX UNITS F.R. F.R. F.R. F.R. F.R. F.R. F.R. F.R. F.R. 28'-0" 28'-0" 28'-0" 28'-0" 28'-0" 28'-0" 28'-0" 30'-0" 330'-0" 40'-0" 120'-0" 25'-0" 40'-0" 40'-0" 40'-0" 20'-0" 260'-0"
260'-0"
260'-0"
260'-0"
260'-0"
260'-0"
335'-0"
20'-0"445'-0"
SCALE: SCHEME B OFFICE FLOORPLAN1/4" = 1' THIS DRAWING AND ITS CONTENTS ARE INSTRUMENTS OF SERVICE AND ARE THE COPYRIGHTED PROPERTY OF JORDAN ARCHITECTS, INC. THE USE IS EXPRESSLY INTENDED FOR THE PROJECT NOTED ABOVE AND MAY NOT BE REUSED OR REPRODUCED IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF JORDAN ARCHITECTS, INC. "COPYRIGHT" YEAR OF FIRST PUBLICATION 2020 JORDAN ARCHITECTS, INC. 05/09/2022 JOB NUMBER: DATE: YUBA CITY SELF STORAGE YUBA CITY, CA 21-706 JORDAN A R C H I T E C T S 131 CALLE IGLESIA, SUITE 100 SAN CLEMENTE, CA 92672 949.388.8090 NORTH 1/4"=1' 1 FIRST FLOOR 1/4"=1' 2 SECOND FLOOR 23'-8" UP 10'-4"
6'-0"
10'-4" 6'-4" 10'-4" 15'-4"
6'-0" 6'-0"
26'-0"
42'-8" 18'-4"
7'-6" 7'-6" 9'-0" 9'-0" 5'-0" 18'-8" 5'-0" 23'-8" DOWN
42'-8" FAUX UNITS BEDROOM KITCHEN DINING HOME OFFICE LIVING CLOSET R.R. 18'-4" 5'-0" 1'-6" 9'-10" 5'-0" 25'-2"
SCALE: SCHEME B UNIT MIX1" = 20' THIS DRAWING AND ITS CONTENTS ARE INSTRUMENTS OF SERVICE AND ARE THE COPYRIGHTED PROPERTY OF JORDAN ARCHITECTS, INC. THE USE IS EXPRESSLY INTENDED FOR THE PROJECT NOTED ABOVE AND MAY NOT BE REUSED OR REPRODUCED IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF JORDAN ARCHITECTS, INC. "COPYRIGHT" YEAR OF FIRST PUBLICATION 2020 JORDAN ARCHITECTS, INC. 05/09/2022 JOB NUMBER: DATE: YUBA CITY SELF STORAGE YUBA CITY, CA 21-706 JORDAN A R C H I T E C T S 131 CALLE IGLESIA, SUITE 100 SAN CLEMENTE, CA 92672 949.388.8090 NORTH FAUX UNITS 12X30 ELEC F.R. OFFICE
F.R. F.R. TRASH 10X20 10X25 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X30 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X10 10X10 5X10 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X10 10X30 10X10 10X10 10X10 10X10 5X10 10X10 10X30 10X10 10X30 10X10 10X30 10X10 10X30 10X10 10X30 10X10 10X30 10X10 10X30 10X10 10X30 10X10 10X30 10X10 10X30 10X10 10X30 10X10 10X30 10X10 10X30 10X10 10X30 10X10 10X30 10X10 10X30 10X10 10X30 10X10 10X30 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 10X10 10X15 F.R. 10X10 10X10 10X10 5X1010X10 10X10 10X10
5X10 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 10X20 F.R. 12X30
7X10
12X35
12X35
12X35
12X35
12X35
12X35
12X35
12X35
12X35
12X35 10X10 10X10 10X20 10X20 10X10 10X10 10X10 10X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10 10X20 10X20 10X20 10X20 10X10 10X30 10X20 10X20 10X10 10X15 10X20 10X10 10X10 10X10 10X10 10X10 10X10 5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10 10X10 10X10 10X10 10X10 10X10 10X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10
5X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X20 10X20 10X20 10X20 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
15X30 5X12 5X12 10X10 10X10 10X10 10X10 10X10 10X20 10X10 10X10 10X10 10X10 10X10 10X20 5X55X55X5 F.R. F.R. F.R. F.R. 12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 5X12 5X12 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X10 10X20 10X20 10X20 10X20 10X20 10X20 5X55X55X55X55X55X55X55X5 10X10 10X30 5X55X55X55X55X55X55X55X5 10X20 10X20 5X55X55X55X55X55X55X55X5 5X10
5X10
5X10 10X20 10X20 5X55X55X55X55X55X55X55X5 5X10 5X10 5X105X5 5X5 5X5 5X5 5X5 5X5 5X5 5X5 FAUX UNITS FAUX UNITS FAUX UNITS 12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
12X30
THIS DRAWING AND ITS CONTENTS ARE INSTRUMENTS OF SERVICE AND ARE THE COPYRIGHTED PROPERTY OF JORDAN ARCHITECTS, INC. THE USE IS EXPRESSLY INTENDED FOR THE PROJECT NOTED ABOVE AND MAY NOT BE REUSED OR REPRODUCED IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF JORDAN ARCHITECTS, INC. "COPYRIGHT" YEAR OF FIRST PUBLICATION 2020 JORDAN ARCHITECTS, INC. 05/09/2022 JOB NUMBER: DATE: YUBA CITY SELF STORAGE YUBA CITY, CA 21-706 JORDAN A R C H I T E C T S 131 CALLE IGLESIA, SUITE 100 SAN CLEMENTE, CA 92672 949.388.8090 SCALE: SCHEME B ELEVATIONS1/8" = 1'-0" 1/8"=1'-0" 1 NORTH ELEVATION 1 NORTH 1/8"=1'-0" 2 NORTH ELEVATION KEYPLAN 2 A BCDEFGHI +28'-0" T.O.C. PREFINISHED METAL CORNICE ACCENT EYEBROW CORRUGATED METAL SIGNAGE BUILDING BEYOND AWNING CORRUGATED METAL FAUX UNITS CUBESMART self storage SIGNAGE AROUND CORNER OFFICE PED. ENTRY SLIDING GATE RESIDENCE ABOVE INSULATED METAL PANELS CORRUGATED METAL INSULATED METAL PANELS CORRUGATED METAL climate controlled PAINTED TRIM PAINTED TRIM +18'-0" T.O.P. +18'-0" T.O.P. +18'-0" T.O.P. +18'-0" T.O.P. STORAGE BUILDING 'A' +16'-0" T.O.P. ±0'-0" A.F.F. INSULATED METAL PANELS CORRUGATED METAL INSULATED METAL PANELS CORRUGATED METAL RV & boat parking +18'-0" T.O.P. PAINTED TRIM PAINTED TRIM +18'-0" T.O.P. +18'-0" T.O.P. +18'-0" T.O.P.
EP EP EP EP EP
EP EP EP EP EP 4321 765
8 9 NO PARKING
FAUX UNITS FAUX UNITS FAUX UNITS FAUX UNITS
THIS DRAWING AND ITS CONTENTS ARE INSTRUMENTS OF SERVICE AND ARE THE COPYRIGHTED PROPERTY OF JORDAN ARCHITECTS, INC. THE USE IS EXPRESSLY INTENDED FOR THE PROJECT NOTED ABOVE AND MAY NOT BE REUSED OR REPRODUCED IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF JORDAN ARCHITECTS, INC. "COPYRIGHT" YEAR OF FIRST PUBLICATION 2020 JORDAN ARCHITECTS, INC. 05/13/2022 JOB NUMBER: DATE: YUBA CITY SELF STORAGE YUBA CITY, CA 21-706 JORDAN A R C H I T E C T S 131 CALLE IGLESIA, SUITE 100 SAN CLEMENTE, CA 92672 949.388.8090 SCALE: SCHEME B - OPTION 2 ELEVATIONS1/8" = 1'-0" 1/8"=1'-0" 1 NORTH ELEVATION 1 NORTH 1/8"=1'-0" 2 NORTH ELEVATION KEYPLAN 2 A BCDEFGHI +28'-0" T.O.C. PREFINISHED METAL CORNICE ACCENT EYEBROW CORRUGATED METAL SIGNAGE BUILDING BEYOND AWNING CORRUGATED METAL FAUX UNITS CUBESMART self storage SIGNAGE AROUND CORNER OFFICE PED. ENTRY SLIDING GATE RESIDENCE ABOVE CORRUGATED METAL PAINTED STUCCO CORRUGATED METAL PAINTED STUCCO climate controlled PAINTED TRIM PAINTED TRIM +18'-0" T.O.P. +18'-0" T.O.P. +18'-0" T.O.P. +18'-0" T.O.P. STORAGE BUILDING 'A' +16'-0" T.O.P. ±0'-0" A.F.F. CORRUGATED METAL PAINTED STUCCO CORRUGATED METAL PAINTED STUCCO RV & boat parking +18'-0" T.O.P. PAINTED TRIM PAINTED TRIM +18'-0" T.O.P. +18'-0" T.O.P. +18'-0" T.O.P.
EP EP EP EP EP
EP EP EP EP EP 4321 765
8 9 NO PARKING
FAUX UNITS FAUX UNITS FAUX UNITS FAUX UNITS
Lf N CP N BC 1234 567 8 9
NO
PARKING BC BC BC BC BC P P P P P P P P LF LF LF P P LF PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PM PT PT PT PT PT PT PT PT PT BC W W W W W W W W W W W W W W W W W W W W WPT V V V V V V E E E E V V V V V W L L L L W L L N N N N N N N L E V PM PT PT PT PT PT E E E E E BC BC BC BC BC PT PT PT E PT PT E E E E EE E E A AA A A AA A A A A A A A A A L W W WW W W C LF N N NNN N N L L L L L L L L L L L L LA A A A A A N AA A N AA A A BCBC LF LF LF A A A A A A BCBC A A A L L L L L L L L L L L L L L L L L L L L L L L L L 10,000 S.F. OF MUSDA L L FAUX UNITS FAUX UNITS FAUX UNITS C C C C C C C C C C C C C FAUX UNITS N 1234 567 8 9 NO
PARKING 10,000 S.F. OF MUSDA FAUX UNITS FAUX UNITS FAUX UNITS FAUX UNITS 0 20' 40' L1SHEET OF 1 3
SHADE CALCULATIONS TABLE VARIETY FULL 3/4 HALF 1/4 TOTAL PISTACIA CHINENSIS x1 1x800 800 TOTAL TREE SHADE: 800 TOTAL PARKING AREA 1290 PERCENT SHADE 62% WATER CALCULATIONS TABLE HYDROZONE #/PLANTING DESCRIPTION PLANT FACTOR (PF) IRRIGATION METHOD IRRIGATION EFFICIENCY (IE) ETAF (PF/IE) LANDSCAPE AREA (sq.ft.) ETAF x AREA ESTIMATED TOTAL WATER USE (ETWU) IN GALLONS PER YEAR HZ #1 0.30 DRIP 0.81 0.37 29,182 10,797 312,616 HZ#2 0.30 DRIP 0.81 0.37 1,068 395 12,274 TOTALS 29,983 2,096 324,890 MAWA 324,890 L2SHEET OF 2 3
L3SHEET OF
3 3
EXHIBIT B
CITY OF YUBA CITY
CONDITIONS OF APPROVAL
DEVELOPMENT PLAN 22-01
August 16, 2022
YUBA CITY SELF STORAGE
APN: 63-020-140
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
IMPORTANT: PLEASE READ CAREFULLY
Please note that this project is subject to a variety of discretionary conditions of approval.
These include conditions based on adopted City plans and policies, those determined through the development plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.
Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings can be made.
Approval of this development plan shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development.
Approval of this development plan may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this development plan, the zoning ordinance, and all City standards and specifications. This development plan is granted, and the conditions imposed, based upon the application submittal provided by the applicant, including any operational statement. The application is material to the issuance of this development plan. Unless the conditions of approval specifically require operation inconsistent with the application, a new or revised development plan is required if the operation of this establishment changes or becomes inconsistent with the application. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the development plan or any other enforcement remedy available under the law. The City shall not assume responsibility for any deletions or omissions resulting from the development plan review process or for additions or alterations to any construction or building plans not specifically submitted and reviewed and approved pursuant to this development plan or subsequent amendments or revisions. These
conditions are conditions imposed solely upon the development plan, and are not conditions imposed on the City or any third party. Likewise, imposition of conditions to ensure compliance with federal, state, or local laws and regulations does not preclude any other type of compliance enforcement.
These conditions are applicable to any person or entity making use of this development plan, and references to “developer” or “applicant” herein also include any applicant, property owner, owner, leasee, operator, or any other person or entity making use of this development plan.
CONDITIONS OF APPROVAL
1. To the furthest extent allowed by law, applicant/property owner shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative record preparation costs) arising from, resulting from, or in connection with any ThirdParty Action (as hereinafter defined). The term “Third Party Action” collectively means any legal action or other proceeding instituted by (i) a third party or parties, or (ii) a governmental body, agency or official other than the City, that: (a) challenges or contests any or all of these Conditions of Approval or any approval associated with entitlements associated with the project (collectively “Approvals”); or (b) claims or alleges a violation of CEQA or another law in connection with the Approvals by the City, or the grant, issuance or approval by the City of any or all Approvals. Applicant’s/property owner’s obligations under this paragraph shall apply regardless of whether City or any of its officers, officials, employees, consultants, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this section shall survive any termination, revocation, overturn, or expiration of an approval.
Nothing in this section shall obligate the City to defend any claim and the City shall not be required to pay or perform any settlement arising from any such claim not defended by the City, unless the City approves the settlement in writing. Nor shall the City be prohibited from independently defending any claim, and if the City does decide to independently defend a claim, the applicant/property owner shall be responsible for City’s attorneys’ fees, expenses of litigation, and costs for that independent defense, including the costs of preparing any required administrative record. Applicant/property owner shall submit all documents filed in the Third-Party Action for review and approval of the City Attorney prior to filing of said documents on behalf of the City.
The City may, at any time, require the applicant to reimburse the City for costs that have been, or which the City reasonably anticipates will be, incurred by the City during the course of processing or defending any Third-Party Actions. The City shall provide applicant/property owner with an invoice detailing all reasonable costs incurred. Applicant/property owner shall tender to the City payment-in-full of all reasonable and necessary costs within thirty (30) days from the date upon the invoice. Applicant/property owner shall contact the City within a reasonable time to arrange any extension of the thirty (30) day time period for payment-in-full of the invoiced amount. Applicant/property owner further acknowledges and agrees, failure to timely tender payment-in-full to the City shall be considered a breach and nonPage 178 of 403 compliance with the conditions of approval for the project. Applicant/property owner shall also be required, upon request of the City, to deposit two month’s estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a positive balance pending tender of payment by Applicant/property owner as noted herein.
2. The development and operation of the project shall comply with all CEQA mitigation measures identified in Environmental Assessment 22-03 dated July 7, 2022.
3. To help contain fugitive dust, construction sites shall be watered down during the construction phase of the project or as directed by the Public Works Department.
4. Paved streets shall be swept frequently (water sweeper with reclaimed water recommended; wet broom) if soil material has been carried onto adjacent paved, public thoroughfares from the project site.
5. The Developer, at their expense, shall be solely responsible for all quality control associated with the project. The quality control shall include, but is not limited to, the following: survey work, potholing existing utilities, all geotechnical testing, soil reports, concrete testing, asphalt testing, and any other required special testing/inspections.
The City will only perform necessary testing to assure compliance.
6. Storage of construction material is not allowed in the travel way.
7. An Improvement Agreement outlining any costs (hot tap, connection fee, fair share contribution, etc.) associated with the development shall be accepted by the City prior to approval of the Improvement Plans.
PRIOR TO ISSUANCE OF A GRADING PERMIT
8. The improvement plans for the development of the subject property shall include all measures required to ensure that no increased drainage runoff resulting from the development of the property flow onto the adjacent lands or that the development will not impede the drainage from those properties. The land of this development shall have the same finish grade elevation as the adjacent parcels or are within tolerances as approved by the Public Works Department. If retaining walls are required they shall be constructed of concrete or masonry block.
9. A master grading plan shall be submitted to the Public Works Department as part of the improvement plans with the first subdivision phase.
PRIOR TO APPROVAL OF THE IMPROVEMENT PLANS
10. Obtain all necessary approvals from City, State, and Federal agencies, utilities and other effected parties that are required for the project including, but not limited to, the preparation of drawings, studies, reports and permit applications, and payment of fees. Prior to City approval of the Improvement Plans, the Developer shall provide evidence, to the satisfaction of the Public Works Department, that all such obligations have been met.
11. The contractor shall obtain an Encroachment Permit from the City prior to performing any work within public rights of way.
12. South Colusa Frontage Road shall be widened to a half-width (centerline to back of curb) of 15.5 feet. Right-of-way shall be dedicated to a width of 20.0 feet. A 12.0- foot-wide Public Utility Easement (PUE) shall be located adjacent to the curb, or as otherwise determined by the Public Works Director. Frontage improvements shall include street section, gutter, barrier curb, landscaping, street trees, and streetlights.
Work scope is to include the necessary work items to install a 0.2’ asphalt overlay over the existing roadway, adjacent to the property, and shall be feathered 3.0’ north past the centerline of the road.
13. All service laterals (water, sewer, irrigation, fire suppression), along with required meters, are to be shown on the civil improvement plans.
14. The water main shall be extended to the east along the entire parcel frontage.
15. The septic system and replacement area shall be designed in accordance with, and comply with the Sutter County Development Services Environmental Health Division requirements. A set of septic improvement plans shall be submitted to the Department for approval. A copy of the County’s approval letter and plans shall be submitted to City.
16. Drainage improvements shall be designed in accordance with current City and County design standards. The design is to take into consideration existing infrastructure and needed improvements to facilitate drainage to the Live Oak Canal.
17. The Developer shall comply with all City requirements related to drainage, including submittal of a drainage plan for any drainage improvements for the proposed development. A drainage analysis, along with calculations, shall be submitted to the City Engineer for approval. The analysis shall include, but is not limited to:
a. Grading and drainage plan showing the proposed drainage conveyance and storage system.
b. Supporting calculations demonstrating adequacy of conveyance capacity and storage volume. The calculation analysis shall meet the requirements of the Yuba City Basin Drainage Area.
c. Storm Drain Collection Systems - For the design of all pipeline conveyance facilities, the Hydraulic Grade Line (HGL) shall be maintained a minimum of one foot below the gutter flow line of all drain inlets and at least one foot below all maintenance hole rims during a 10-year, 24-hour storm event. The storm drain minimum pipe size shall be 12 inches. The minimum velocity shall be 2 fps.
d. Street Flow -The street system shall be designed to convey the 100-year, 24- hour runoff while maintaining a water surface at least 1 foot below the adjacent building pad elevations (or alternatively, the building pad elevations shall be at least 1 foot above the 100-year water level). The grading plan shall ensure that the 100-year, 24-hour runoff can be conveyed through the development and to the receiving drainage facility.
e. Drainage systems (pipes and street systems) shall be designed to accommodate the runoff from the ultimate development of the entire upstream watershed.
f. Water Quality – Water quality basin(s) shall meet State Water Resource Board requirements for water quality. The water quality basin can be
incorporated into a detention pond, designed as an individual pond, included in a water quality manhole system, or as approved by the Public Works Director.
g. Detention Basins - A 100-year, 4-day storm shall be used for sizing detention storage facilities. The detention basin release rate from a 100-year, 24-hour storm after development must be equal to or lower than the runoff rate from the detention basin's tributary area before development. The Developer can provide a drainage study addressing storm water mitigation through onsite storage (Phase 2 State Water Resources Control Plan – 80% of two-year storm), perforated pipes, and oversizing storm drainage pipes upon approval of the Public Works Director to eliminate need for a detention pond. h. The Drainage Study shall be completed and stamped by a Professional Engineer and determined by the City Engineer and the Sutter County Water Agency Engineer to be comprehensive, accurate, and adequate.
18. The development shall comply with Yuba City’s stormwater requirements and PostConstruction Standards Plan. The Post Construction information can be found here:
https://www.yubacity.net/city_hall/departments/public_works/engineering/stormwate r_management
19. The Developer shall comply with all Sutter County requirements related to drainage, including submittal of a drainage plan for any drainage improvements that utilize County facilities for approval by the Sutter County Development Services Director.
20. All development shall be designed to local, state, and federal flood standards.
21. The structural section of all road improvements shall be designed using the Caltrans empirical R-value method. A geotechnical investigation shall determine the R-value of the existing soil in accordance with the Caltrans Highway Design Manual. The structural section shall be designed to the following standards:
a. Use 3” minimum for residential, 4” minimum for collectors and 5” minimum for arterials, of ‘Type A’ asphaltic concrete over Class 2 aggregate base (the thickness of the base shall be designed to the R-value of the soil) b. Use a traffic index of 6 for residential streets
c. Use a traffic index of 7 for collector streets
d. Use a traffic index of 10 for arterial streets
A copy of the geotechnical investigation, including R-value determination, test locations and structural section calculations, shall be submitted with the first improvement plan check.
22. Striping, pavement markings and traffic signage shall be provided on the Frontage Road as necessary and as required by the Public Works Department. Signage restricting parking and red painted curbing shall be installed where appropriate.
Speed limit signs shall be installed at locations determined by the Public Works Department. All required speed limit signs shall be shown on the Improvement Plans.
23. The street lighting is a public improvement which shall meet the City Standard Details and be included in the Improvement Plans and Specifications for the subdivision when the improvement plans are submitted for the first improvement plan check.
Placement of two street lights shall be approved by the Public Works Director.
24. Required Improvement Plan Notes:
a. "Any excess materials shall be considered the property of the contractor/owner and shall be disposed of away from the job site in accordance with applicable local, state and federal regulations."
b. "During construction, the Contractor shall be responsible for controlling noise, odors, dust and debris to minimize impacts on surrounding properties and roadways. The Contractor shall be responsible for all construction equipment to be equipped with manufacturers approved muffler baffles. Failure to do so may result in the issuance of an order to stop work.”
c. “If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Sutter County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.”
d. "The Contractor(s) shall be required to maintain traffic flow on affected roadways during non-working hours, and to minimize traffic restriction during construction.
The Contractor shall be required to follow traffic safety measures in accordance with the “California Manual of Uniform Traffic Control Devices, latest edition.” The City of Yuba City emergency service providers shall be notified, at least two working days in advance, of proposed construction scheduled by the contractor(s).”
e. “Soil shall not be treated with lime or other cementitious material without prior express permission by the Public Works Department.”
f. “Where an excavation for a trench and/or structure is five (5) feet deep or more, the contractor shall conform to O.S.H.A. requirements. The contractor shall provide a copy of the approved O.S.H.A. permit, and shoring details and calculations prepared by California licensed structural engineer to the Public Works Department, prior to beginning construction.”
g. “Should any field conditions, conflicts, errors, and/or omissions be overlooked during the design review process, or during construction of the development, then any additional work identified during construction shall be implemented by the Developer at the Developer’s expense.”
PRIOR TO ACCEPTANCE OF THE PUBLIC IMPROVEMENTS
25. Prior to final paving, the Developer shall vacuum test all manholes to ensure no leakage will occur.
26.The contractor shall maintain record drawings of the improvements and keep them on site at all times. When the project is complete, the contractor shall deliver a marked set of plans to the Engineer of Record. The Engineer of Record shall update the improvement plans with the record information. Once the changes have been added to the plans, the Engineer of Record shall submit both an electronic copy (Civil 3D version 2017 or newer) and a hard copy to the City. The City will not accept the completion of the improvements until the electronic copy and hard copy have been submitted.
27.The property shall petition for formation of a Zone of Benefit of the Yuba City Lighting and Maintenance District for the purpose of maintaining the street lights. The
Engineering Division shall be reimbursed actual costs associated with the formation of the district.
28. All public street lighting shall be dedicated to the City of Yuba City.
29. The Post Construction Statement of Responsibility shall be recorded at the Sutter County Recorders Office.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
30. The Developer’s Superintendent/Representative shall submit three (3) sets of Pacific Gas and Electric approved utility plans showing joint trench locations and distribution lines prior to issuance of first building permit for each phase of construction.
31. The applicant shall be required to pay all applicable Sutter County Water Agency connection fees and maintenance and operation fees. Fees are payable at the Sutter County Development Services Counter located at 1130 Civic Center Blvd., Yuba City. Phone: (530) 822-7400.
32. The applicant shall provide a revised landscaping plan to the City and approved by the Development Services Director that provides a 20-foot-wide landscape strip along the Colusa Frontage Road, as required by Section 8-5.6003(b)(1) and City approved shade trees along the Colusa Frontage Road Frontage at an average of one tree per 30 linear feet of frontage, but spaced all along the frontage, as required by Section 8-5.6004(a)(3). The landscape strip shall be exclusive of minimum usable sewage disposal areas required by Sutter County.
33. The design of the two-story office/caretaker’s residence shall be enhanced to meet the "high quality" design standard that is required by the X27 Zone District that is applied to the property, and shall include eliminating from public view all storage unit access doors. This condition shall be completed to the satisfaction of the Development Services Director.
34. The onsite private sewage shall comply with Yuba City Municipal Code Section 6-
5.207 – Private Sewage Disposal Systems.
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
35. The curb and gutter, and lot drainage shall be inspected and approved by the City.
Any curb and gutter which is not in accord with City standards or is damaged before or during construction, shall be replaced. In addition, any concrete with cracks, chips, blemishes, and spalling greater than an inch in diameter shall be replaced from control joint to control joint.
36. Prior to the issuance of a certificate of occupancy, all reduced pressure backflow preventers shall be tested and a backflow preventer certification performed by an AWWA licensed tester shall be submitted to the Public Works Department.
37. All street lighting shall be constructed per the Improvement Plans and energized prior to the issuance of any certificate of occupancy or as approved by the Development Services Director.
38.Prior to issuance of any certificate of occupancy, all underground utilities, public improvements, and site improvements, including rough grading, shall be completed in accordance with City requirements.
39. The property shall be developed, used and maintained in accordance with the application, project description and development plan except as may be modified in the project conditions.
MITIGATION MEASURES
Impact Mitigation Measure Responsible
Party Timing
3.7 Geology
and Soils
Paleontological Mitigation Measure 1:
This Mitigation Measure shall be placed as
a note on the Demolition and Grading
Plans. If paleontological resources are
found, the construction manager shall halt
all activity and immediately contact the
Development Services Department at 530-
822-4700.
Mitigation shall be conducted as follows:
1. Identify and evaluate paleontological
resources by intense field survey
where impacts are considered high;
2. Assess effects on identified sites;
3. Consult with the
institutional/academic
paleontologists conducting
research investigations within the
geological formations that are
slated to be impacted;
4. Obtain comments from the
researchers;
5. Comply with researchers’
recommendations to address any
significant adverse effects where
determined by the City to be
feasible.
In considering any suggested mitigation
proposed by the consulting paleontologist,
the City’s Community Development
Department Staff shall determine whether
avoidance is necessary and feasible in
light of factors such as the nature of the
find, project design, costs, Specific or
General Plan policies and land use
assumptions, and other considerations. If
avoidance is unnecessary or infeasible,
other appropriate measures (e.g., data
recovery) shall be instituted. Work may
Developer,
Public Works
Dept.,
Development
Services Dept.
During
construction
phase
proceed on other parts of the project site
while mitigation for paleontological
resources is carried out.
3.8. Greenhouse
Gases
Greenhouse Gas Mitigation 1: The site
grading and construction of the selfstorage facility shall comply with the GHG Reduction Measures provided in
the adopted Yuba City Resource
Efficiency Plan.
Development
Services Dept. Prior to
issuance of
building
permits.
3.18. Tribal
Cultural
Resources
Tribal Cultural Resources Mitigation 1:
Post Ground Disturbance A minimum of
seven days prior to beginning earthwork,
clearing, and grubbing, or other soil
disturbing activities, the applicant shall
notify lead agency of the proposed
earthwork start-date. The lead agency
shall contact the United Auburn Indian
Community (UAIC) with the proposed
earthwork start-date and a UAIC Tribal
Representative or Tribal Monitor shall be
invited to inspect the project site, including
any soil piles, trenches, or other disturbed
areas, within the first five days of
groundbreaking activity, or as appropriate
for the type and size of the project. During
this inspection, a UAIC Tribal
Representative or Tribal Monitor may
provide an on-site meeting for construction
personnel information on TCRs and
workers awareness brochure.
If any TCRs are encountered during this
initial inspection, or during any subsequent
construction activities, work shall be
suspended within 100 feet of the find and
measures included in the Unanticipated
Discoveries Mitigation Measure 2 shall
be implemented. Preservation in place is
the preferred alternative under CEQA and
UAIC protocols, and every effort must be
made to preserve the resources in place,
including through project redesign.
The contractor shall implement any
measures deemed by CEQA lead agency
to be necessary and feasible to preserve
in place, avoid, or minimize significant
effects to the resources, including the use
of paid Native American Monitor during
ground disturbing activities.
Developer,
Public Works
Dept.,
Development
Services Dept.
During
construction
phase
Tribal Cultural Resources Mitigation 2:
Unanticipated Discoveries: If any
suspected TCRs are discovered during
ground disturbing construction activities,
all work shall cease within 100 feet of the
find, or an agreed upon distance based on
the project area and nature of the find. A
Tribal Representative from a California
Native American Tribe that is traditionally
and culturally affiliated with a geographic
area shall be immediately notified and
shall determine if the find is a TCR (PRC
21074). The Tribal Representative will
make recommendations for further
evaluation and treatment as necessary.
Preservation in place is the preferred
alternative under CEQA and UAIC
protocols, and every effort must be made
to preserve the resources in place,
including through project redesign.
Culturally appropriate treatment may be,
but is not limited to, processing materials
for reburial, minimizing handling of cultural
objects, leaving objects in place within the
landscape, returning objects to a location
within the project area where they will not
be subject to future impacts. The Tribe
does not consider curation of TCR’s to be
appropriate or respectful and request that
materials not be permanently curated,
unless approved by the Tribe.
The contractor shall implement any
measures deemed by the CEQA lead
agency to be necessary and feasible to
preserve in place, avoid, or minimize
impacts to the resource, including but
limited to, facilitating the appropriate tribal
treatment of the find, as necessary.
Treatment that preserves or restores the
cultural character and integrity of a Tribal
Cultural Resource may include Tribal
monitoring, culturally appropriate recovery
of cultural objects, and reburial of cultural
objects or cultural soil.
Work at the discovery location cannot
resume until all necessary investigation
and evaluation of the discovery under the
requirements of CEQA, including AB 523
has been satisfied.
ATTACHMENT 2
CITY OF YUBA CITY
PLANNING COMMISSION
STAFF REPORT
Date: July 27, 2022
To: Chair and Members of the Planning Commission
From: Development Services Department
Presentation by: Jaspreet Kaur, Associate Planner
Subject: Development Plan 22-01: consideration for the development of Yuba City Self-Storage on 9.52 acres located along the south side of Colusa Highway Frontage Road, approximately 720 feet west of the intersection of Colusa Frontage Road and George Washington Boulevard.
Recommendation: A. Conduct a Public Hearing; and
B. Adopt a Resolution recommending the City Council of the City of Yuba City approve Environmental Assessment 22-03 by adopting a Mitigated Negative Declaration, subject to the Conditions of Approval and Mitigation Measures, and approve Development Plan 22-01, Yuba City Self-Storage, on 9.52 acres, located along the south side of Colusa Highway Frontage Road approximately 720 feet west of the intersection of Colusa Frontage Road and George Washington Boulevard (Assessor’s Parcel Number 63- 020-140).
Applicant/Owner: Applicant: Highway 20 Commercial Industrial, LLC.
Owner: Westmark Partners, L.P.
Project Location: The property is located on the south side of State Route 20 and Colusa Frontage Road approximately 720 feet west of George Washington Blvd.
Assessor’s Parcel Number 63-020-140 (See Figure 1).
General Plan: The site is designated in the General Plan as Business, Technology & Light Industrial (B, T, & LI). Self storage units are consistent with that designation.
Specific Plan: None
Zoning: The property is within a Light Industrial Zone District together with an X27 Combining District (M-1 X27). The M-1 Zone District allows self-storage units by-right; the X27 Combining District provides for specific criteria that development of the property must meet (a copy of the X27 Zone District is attached). In particular to this project, the location is near the gateway to the City and the X27 Combining District requires a high-quality design.
Planning Commission
July 27, 2022
2 Purpose:
Consideration of a Resolution to recommend approval to the City Council Development Pan (DP) 22-01, allowing for the development of Yuba City Self Storage. This proposal will establish a self-storage facility in two phases on 9.52 acres. Phase 1 consists of nine self-storage unit buildings and a graveled outdoor storage area for 192 vehicles. Phase 2 is the conversion of the outdoor vehicle storage area to nine additional self-storage buildings.
Project Description:
This proposal is a request to construct Yuba City Self-Storage on 9.52 acres consisting of two phases. Phase 1 consists of nine buildings totaling approximately 94,045 square feet, along with a 74,640 square foot graveled outdoor area for storage of 192 vehicles. Building “D” differs from the others as it will be a 27,000 square foot climate-controlled building for storage of items that may be temperature sensitive. Also included is a 2,200 square foot two-story building near the facility entrance for a first-floor office and second floor care-taker residence. Seven public parking spaces will be provided just outside the entrance gate. The outdoor vehicle storage area will be for RV parking only; no commercial semi-trucks will be stored onsite.
Phase 2 is the conversion of the outdoor RV storage area to add nine more self-storage buildings totaling approximately 104,800 additional square feet. The fully developed facility will consist of 199,215 square feet of self-storage units, a 2,200 square foot two-story building with an office on the first floor and a caretaker’s residence on the second floor.
Due to the low amount of wastewater generated by the project, the facility is proposed to utilize an individual onsite septic system in lieu of the City wastewater collection system. At the back of the property, there will be a pond for detention and metering the flow from the site indirectly into Live Oak Canal.
This review considers both project phases so future construction of Phase 2 will not require further City discretionary review.
This level property is vacant with no history of being built on. Although self-storage facilities are a permitted use in the M-1 Zone District, due to its large size the Zoning Regulations Sec. 8-
5.7001(d) requires Planning Commission review and recommendation to the City Council.
Analysis
Compatibility with neighboring uses:
The project is located in west Yuba City surrounded by light industrial uses, including another selfstorage facility on the west and south. There are no nearby residences or other types of uses that would be sensitive to being near a self-storage and outdoor vehicle parking facility. As such, it is not expected that there will be any compatibility issues with neighboring uses. Adjacent land uses include: