Yuba City City Council
April 18, 2023

The City has adopted a Reasonable Accommodations Policy that provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. Please visit yubacity.net ADA & Accessibility Resources page. 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 help. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation; 72 hours in advance is suggested. Please contact City offices at (530) 822-4817 or (TTY: 530-822-4732), so such aids or services can be arranged. Requests may also be made by email at [email protected] or [email protected] or mail City Clerk, 1201 Civic Center Blvd, Yuba City, CA 95993.

AGENDA
APRIL 18, 2023

REGULAR MEETING

CITY COUNCIL

CITY OF YUBA CITY
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Wade Kirchner
VICE MAYOR ● Shon Harris
COUNCILMEMBER ● Marc Boomgaarden
COUNCILMEMBER ● Michael Pasquale
COUNCILMEMBER ● Dave Shaw
CITY MANAGER ● Diana Langley
CITY ATTORNEY ● Shannon L. Chaffin
1201 Civic Center Blvd
Yuba City CA 95993
Wheelchair Accessible
AGENDA

REGULAR MEETING

CITY COUNCIL - CITY OF YUBA CITY
APRIL 18, 2023
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_R0QeScFCRQurOsr_qCEO6g. 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.

Regular Meeting
Call to Order
Roll Call
__ Mayor Kirchner
__ Vice Mayor Harris
__ Councilmember Boomgaarden
__ Councilmember Pasquale
__ Councilmember Shaw
Invocation/Inspiration
Pledge of Allegiance to the Flag
Agenda Modifications/Approval of Agenda
Ceremonial Presentations

1. Child Abuse Prevention Month Proclamation

2. Outgoing Planning Commissioners, Michele Blake and Lorie Adams Proclamation Public Communication

3. 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.

4. Minutes of the April 4, 2023 meeting
Recommendation: Approve the April 4, 2023 minutes

5. Henson Ranch Estates – Phase 1 Subdivision (Subdivision Agreement and Final Map Approval)
Recommendation: Adopt a Resolution approving the execution of a Subdivision Agreement with YC Hooper Ventures, LLC, A California Limited Liability Company providing for public improvements associated with the Henson Ranch Estates – Phase 1 Subdivision Map, approving the Henson Ranch Estates – Phase 1 Subdivision Final Map, accepting dedication of rights-of-way and easements shown thereon and authorizing the filing of the map. (Subdivision is located north of North Colusa Frontage Road, East of Hooper Road, and west of El Margarita Road)

6. Wastewater Treatment Facility Peterbilt Crane Truck Award Recommendation: Adopt a Resolution authorizing the purchase of one (1) Peterbilt Model 537 Crane Truck to Dobbs Heavy Duty Holdings, LLC DBA Dobbs Peterbilt of Federal Way, WA in the amount of $300,000, including tax and a 10% contingency, by piggybacking on Sourcewell Contract No. 060920-PMC, with the finding that it is in the best interest of the City

7. Officer Wellness and Mental Health Grant Program
Recommendation:

A. Adopt a Resolution authorizing the Chief of Police to accept the Officer Wellness and Mental Health Grant and approve expenditure recommendations
B. Authorize the Chief Financial Officer to make budget adjustments as necessary

8. Community Sponsorship Request
Recommendation: Consider the sponsorship request from Shri Guru Ravidass Temple, and if approved:

Adopt a Resolution to approve a monetary sponsorship request from the Shri Guru Ravidass Temple of $2,500.00 to assist in funding the Cultural Community Parade
Business Items

9. Special Event Permit Process
Recommendation: Receive a presentation regarding the proposed Special Event Permit Process and provide direction to staff to modify the process or bring it back to Council for formal adoption

10. Update of Safe and Sane Fireworks Regulations

Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of Yuba City regulating the use of fireworks by adding Section 4-11.02 (Discharge of Fireworks) of Chapter 11, and amending Section 4-

17.20 (Exemptions [Noise Regulations]) of Chapter 17 and Section 5602 of Chapter 5 (Fire Prevention), and adding Section 5602.2 (dangerous fireworks) to Section 4-5.02 of Chapter 5, all of Title 4 of the Yuba City Municipal Code by title only and waive the first reading

11. Station 4 Training Grounds - Drill Tower Purchase
Recommendation: Adopt a Resolution authorizing the sole source purchase of an Affordable Drill Tower from Affordable Drill Towers, LLC, of Austin, TX in the amount of $132,785 and adoption of
Categorical Exemptions

12. Fire Station No. 2 Dorm Room Addition
Recommendation: Adopt a Resolution approving the plans and specifications for the Fire Station No. 2 Expansion Project located at 1641 Gray Avenue and authorizing advertisement for bids on the project

13. Rezone (RZ) 22-07, Pre-annexation Zoning for the Thiara Estates Subdivision (TSM 22-08)
Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of the City of Yuba City approving Environmental Assessment (EA) 22-13 by
adopting a Mitigated Negative Declaration prepared for RZ 22-07 and TSM 22-08 and rezoning Assessor’s Parcels 17-066-003, - 005, and 021 from R-1X20 to R-1, located on the west side of Tuly Parkway across from the terminus of Bradley Estates Drive and bordering the east side of Elmer Avenue, and waive the first reading

14. Water Supply Outlook
Recommendation: Adopt a Resolution declaring that water supply conditions are such that they dictate and justify the reduction of mandatory conservation measures from Stage 3 “Severe Shortage” to Stage 1 “Water Alert” of the Water Shortage Contingency Plan

15. Second Groundwater Well - Award for Construction of Phase 2 and Amend Professional Services Agreement
Recommendation: Adopt a Resolution which takes the following actions:

A. Award a construction contract to Auburn Constructors LLC of Sacramento, CA in the amount of their total bid of $1,994,300 and authorize the City Manager to execute
the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney
B. Authorize Amendment No. 1 to the Professional Services Agreement with West Yost and Associates, Inc. of David, CA for Engineering Services During Construction in the

amount of $270,800, subject to material terms, with the finding that it is in the best interest of the City

16. Merriment Village Apartments - Homekey 3.0 Grant Application Submittal Recommendation: Authorize the City Manager to continue to work with Habitat for Humanity to apply for Homekey 3.0 funds through the State Department of Housing and Community Development for a 79- unit affordable housing project located at 428 North Walton Avenue, which is Phase 1 of the proposed 217-unit Merriment Village Apartments
Future Agenda Items

17. Future Agenda Items
- Councilmember Pasquale
- Councilmember Boomgaarden
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner
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

18. City Manager's Report

19. City Council Reports
Adjournment

Proclamation
of the City Council

CHILD ABUSE PREVENTION AWARENESS MONTH
April 2023
WHEREAS, the tragedy of child abuse and neglect affects every community in California and touches the lives of far too many citizens regardless of cultural, ethnic, religious or socioeconomic level; and
WHEREAS, the threat to our children’s welfare is demonstrated by steady increases in the number and in the seriousness of reported cases of child abuse and neglect; and WHEREAS, if our children are to become productive adults, they should have the right to a childhood free from neglect, physical abuse, sexual molestation and exploitation; and WHEREAS, it is recognized that primary prevention programs designed to work with children themselves, their parents, and care givers within the community are successful in preventing first time abuse situations; and
WHEREAS, early identification and intervention are essential to successfully interrupting the generational cycle of abuse and neglect. Collaboration among professionals, concerned parents, volunteers and policy makers can help to reduce the level of child abuse and neglect in our communities; and WHEREAS, dedicated volunteers and professionals are working to decrease the incidence of child abuse through prevention programs and coordination among agencies delivering services to child abuse victims and their families; and WHEREAS, the observance of Child Abuse Prevention Month provides an excellent opportunity for all citizens to reflect on this tragic crime, while rededicating themselves to taking an active role in child abuse prevention activities in their community.

NOW, THEREFORE, BE IT RESOLVED, that I, Wade Kirchner, Mayor of the Yuba City, and on behalf of the entire City Council of the City of Yuba City, do hereby proclaim April 2023 as CHILD ABUSE PREVENTION AWARENESS MONTH in the City of Yuba City and encourages all residents to join with local community efforts in keeping all children “Safe Strong and Free”.

Done on this 18th day of April, 2023 in the City of Yuba City, County of Sutter, State of California.

Proclamation
of the City Council
Outgoing Planning Commissioners
Michele Blake & Lorie Adams
Proclamation will be presented at the Council
Meeting

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 4

CITY OF YUBA CITY

STAFF REPORT
Date: April 18, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes of the April 4, 2023 meeting
Recommendation: Approve the April 4, 2023 minutes
Fiscal Impact: None
Attachments:

1. 04-04-2023 Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Admininstrator
Diana Langley
City Manager

ATTACHMENT 1

MINUTES (DRAFT)

REGULAR MEETING

CITY COUNCIL, CITY OF YUBA CITY

AND THE BOARD OF DIRECTORS OF THE

TIERRA BUENA COMMUNITY SERVICES DISTRICT

CITY COUNCIL - CITY OF YUBA CITY
APRIL 4, 2023
6:00 P.M. REGULAR MEETING COUNCIL CHAMBERS/VIRTUAL
Regular Meeting
Call to Order
The Regular Meeting of the City Council called to order by Mayor Kirchner at 6:00 PM Roll Call

Present: Mayor Kirchner and Councilmembers Boomgaarden, Harris, and Shaw

Absent: Councilmember Pasquale
Invocation/Inspiration
Reverend Avram Brown from St. Isidore Catholic Church
Pledge of Allegiance to the Flag
Scott Smallwood, Undersheriff – Sutter County
Modifications/Approval of Agenda
Due to the Habitat for Humanity team evaluating other funding program options, the proposed Merriment Village item was postponed to the April 18, 2023 meeting Ceremonial Presentations

1. Ethan Conrad Properties Commendation
Mayor Kirchner presented a proclamation to Conrad, CEO of Ethan Conrad Properties, Inc. and his associates

2. National Public Safety Telecommunications Week Proclamation Mayor Kirchner presented a proclamation to Tawnya Smallwood, Communications Center Supervisor, and Dispatchers Deidra Geddis and Chandra Stubblefield

Public Communication

3. Appearance of Interested Citizens
Heather Esemann spoke
Sandee Drown spoke
Norma Flores spoke
Jose Flores spoke
Consent Calendar
Vice-Mayor Harris moved and Councilmember Shaw seconded to motion to approve Consent Calendar items 4, 5, 7-11:

4. Minutes of the March 21, 2023 meeting
Approve the minutes of the March 21, 2023 meeting

5. Opposition of California Assembly Bill 742 - Use of Police K-9's Adopt Resolution 23-037 opposing proposed California Assembly Bill 742, which if passed, would remove the ability of California law enforcement agencies to utilize Police K-9's as a non-lethal force option [Item 6 pulled and moved to Business Items]

6. Support of California Senate Bill 14 - Human Trafficking - Serious Felony Adopt a Resolution supporting Senate Bill 14, which if passed, would make human trafficking a serious felony

7. Yuba City and Sutter County Planning Commissioner Appointments A. Confirm the appointment of Justine Gill, Yuba City Planning Commissioner, to the Sutter County Planning commission and forward the recommendation to the Sutter County Board of Supervisors.

B. Confirm the anticipated reappointment of Karri Campbell to the Yuba City Planning Commission for a second year subject to confirmation by the Sutter County Board of Supervisors.

8. Tierra Buena Community Services District – Dissolution Adopt Resolution 23-039 of the City Council of the City of Yuba City for itself and in its capacity as the Board of Directors of the Tierra Buena Community Services District requesting the Sutter County Local Agency Formation Commission undertake proceedings for the dissolution of the district

9. 3300 Brandywine Drive Well Demolition – Sale of Surplus Property Adopt Resolution 23-040 authorizing the Public Works Director to execute all documents necessary to transfer real property interest in the City’s former Well #21 property to the owner of the adjacent parcel to the west (3300 Brandywine Drive,

APN 62- 180-046). [no address, APN 62-180-043]

10. Deed Restriction - Didar S. Bains Park
Adopt Resolution 23-041 authorizing the City Manager to execute a Deed Restriction for the Didar S. Bains Park Parcel, APN 62- 310-021 on behalf of the City

11. National Opioid Settlement
A. Approve Settlement Agreements and Participation Forms for the City’s participation in the National Opioid Settlement Agreements with Teva, Allergan, Walmart, Walgreens, and CVS.

B. Approve the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds relating to the National Opioid Settlement Agreements with Teva, Allergan, Walmart, Walgreens, and CVS.

C. Adopt Resolution 23-042 approving and authorizing the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlements with Teva, Allergan, Walmart, Walgreens, and CVS, including signing necessary documents and transmittal thereof as necessary.

D. Authorize the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlements, including, but not limited to, the transmittal of the executed documents in Recommendations A and B and all future settlements (as necessary and applicable) through the National Opioid Settlements process
The motion was passed with four (4) votes
Business Items
[Item 6 moved from Consent Calendar]

6. Support of California Senate Bill 14 - Human Trafficking - Serious Felony Councilmember Boomgaarden moved and Vice-Mayor Harris seconded the motion to:

Adopt Resolution 23-038 supporting Senate Bill 14, which if passed, would make human trafficking a serious felony
The motion was passed with four (4) votes

12. Yuba-Sutter Economic Development Corporation
2022 CEDS Annual Performance Evaluation and CEDS Appendices I, IV, and V updates
Heather Esemann spoke
Tanna Thomas spoke
Councilmember Shaw moved and Councilmember Boomgaarden seconded the motion to:

Adopt Resolution 23-043 approving the 2022 Comprehensive Economic Development Annual Performance Report and the updated Appendices I, IV, and V

as prepared by the Yuba-Sutter Economic Development Corporation and authorize its submittal to the United States Department of Commerce, Economic Development Administration
The motion was passed with four (4) votes

13. Unfunded Accrued Pension Liability Management Policy Councilmember Shaw moved and Vice-Mayor Harris seconded the motion to:

Adopt Resolution 23-044 to approve the Unfunded Accrued Pension Liability Management Policy for the City of Yuba City
The motion was passed with four (4) votes
Future Agenda Items

14. Future Agenda Items
No suggestions were made
Reports and Communications

15. City Manager's Report

16. City Council Reports
- Councilmember Boomgaarden
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner
Adjournment
Mayor Kirchner adjourned the Regular Meeting of the City Council at 7:25 PM _____________________________
Wade Kirchner, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

Agenda Item 5

CITY OF YUBA CITY

STAFF REPORT
Date: April 18, 2023
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 Subdivision (Subdivision Agreement and Final Map Approval)
Recommendation: Adopt a Resolution approving the execution of a Subdivision Agreement with YC Hooper Ventures, LLC, A California Limited Liability Company providing for public improvements associated with the Henson Ranch Estates – Phase 1 Subdivision Map, approving the Henson Ranch Estates – Phase 1 Subdivision Final Map, accepting dedication of rights-of-way and easements shown thereon and authorizing the filing of the map. (Subdivision is located north of North Colusa Frontage Road, East of Hooper Road, and west of El Margarita Road) Fiscal Impact: Costs and reimbursements in accordance with proposed Subdivision Agreement Purpose:

To approve the necessary agreement and final subdivision map that specify the terms for the Henson Ranch Estates – Phase 1 development.

Council’s Strategic Goal:

Executing a subdivision agreement, approving a final map, and accepting dedications does not directly meet one of the Council’s Strategic Goals. These actions are necessary to comply with the Subdivision Map Act and City policy to facilitate the private development project.

Background:

On November 10, 2021, the Planning Commission approved Tentative Map SM 21-01, Henson Ranch Estates – Phase 1 Subdivision, to subdivide 17.98 acres into 96 single family residential parcels located north of North Colusa Frontage Road, east of Hooper Road, and west of El Margarita Road (Attachment 2). The proposed lot sizes range from 5,775 square feet to 8,761 square feet.

Since Planning Commission approval, the developer and its representatives have been coordinating with City staff to develop the necessary improvement plans and determine the terms of the Subdivision Agreement in accordance with the conditions of approval for the development and City policy.

Analysis:

The procedure for approval of a Final Map is outlined in Title 8, Chapter 2, Article 8 of the Municipal Code. The process is summarized as follows:
• Tentative Map – The applicant submits a tentative map to the Development Services Department, which is then routed to all City Departments and other agencies for review, comment, and establishment of the Conditions of Approval. Upon preparation of the Conditions of Approval and the environmental document, the map is taken to the Planning Commission for approval. The tentative map for the subject project was approved by the Planning Commission on November 10, 2021.
• Final Map – Upon approval of the tentative map, the applicant submits a Final Map package which includes the Final Map and public improvement plans. If the applicant chooses to file the map prior to the construction of the public improvements, the City requires the execution of a Subdivision Agreement guaranteeing that the improvements will be constructed through the collection of security, such as bonds or a letter of credit. • Council Approval – Once it is determined that the Final Map is correct and the Conditions of Approval have been met, the map is taken to the City Council for consideration and approval. • Recordation of the Final Map – Upon Council approval, the City Clerk certifies the action on the map and it is submitted to the Sutter County Recorder for recordation.

In order to proceed with the development, the property owner is to enter into a Subdivision Agreement (Agreement) with the City to ensure the construction of the required public improvements. The Agreement specifies the obligations of the property owner regarding the fees, dedications, and improvements that are required as a condition of the subdivision, and guarantees that the required public improvements will be constructed.

With the recordation of the Final Map, the determined right-of-way and utility easements will be dedicated to the City. Road dedications include Millie Drive, Billie Keith Way, Wayne Way, and Ethel Drive, and portions of El Margarita Road and Hooper Road.

Fiscal Impact:

Costs and reimbursements for the public improvements are specified through the proposed Agreement.

Exhibit B of the Agreement identifies the fees owed by the Developer to the City at the time of execution of the Agreement. Those fees include plan check, inspection, and water hot tap fees, and reimbursements totaling $197,075.49.

Alternatives:

Delay or modify the recommended actions of approving a Subdivision Agreement or Final Map for Henson Ranch Estates – Phase 1 Subdivision.

Recommendation:

Adopt a Resolution approving the execution of a Subdivision Agreement with YC Hooper Ventures, LLC, A California Limited Liability Company, providing for public improvements associated with the Henson Ranch Estates – Phase 1 Subdivision Map, approving the Henson Ranch Estates – Phase 1 Subdivision Final Map, accepting dedication of rights-of-way and easements shown thereon and authorizing the filing of the map. (Subdivision is located north of North Colusa Frontage Road, East of Hooper Road, and west of El Margarita Road).

Attachments:

1. Resolution - Henson Ranch Estates – Phase 1 Subdivision (Subdivision Agreement and Final Map Approval)

2. Location Map - Henson Ranch Estates – Phase 1 Subdivision (Subdivision Agreement and Final Map Approval)
Prepared By: Submitted By:

Kevin Bradford
Deputy Public Works Director – Engineering
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

APPROVING A SUBDIVISION AGREEMENT WITH YC HOOPER VENTURES, LLC FOR THE HENSON RANCH ESTATES – PHASE 1 SUBDIVISION, APPROVING THE HENSON RANCH ESTATES – PHASE 1 SUBDIVISION FINAL MAP SUBDIVIDING LAND INTO 96 PARCELS

TO CONSTRUCT SINGLE-FAMILY RESIDENTIAL BUILDINGS, AND ACCEPTING FOR

DEDICATION THE PUBLIC RIGHT-OF-WAY AND UTILITY EASEMENTS SHOWN

THEREON
WHEREAS, YC Hooper Ventures, LLC, a California Limited Liability Company (“subdivider”) owns certain property as identified on Exhibit “B” and has offered for approval a Final Map designated as “Henson Ranch Estates – Phase 1 Subdivision” ("final map"), pursuant to approved Tentative Map for Henson Ranch Estates – Phase 1 Subdivision ("tentative map"); and
WHEREAS, the subdivision lies within the boundaries of the City of Yuba City; and WHEREAS, the Planning Commission of the City of Yuba City, by formal resolution, approved said tentative map; and
WHEREAS, the City Engineer has subsequently reviewed the final map and has determined that the conditions of approval associated with the final map have been satisfied, that the final map is in substantial conformance with the tentative map, and that the final map is ready for City Council approval; and

WHEREAS, all the certificates which appear on the final map (except the approval certificate of the Council of the City of Yuba City and the recording certificate of the Recorder of the County of Sutter) have been signed and acknowledged and said final map has been filed for approval; and

WHEREAS, the final map conforms to all of the requirements of the Subdivision Map Act of the State of California, and City ordinances, resolutions and standards, except that Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having previously filed with the Clerk of the Board of Supervisors of Sutter County a Tax Compliance Certificate Request along with copies of the final map considered herewith by the Council; and,

WHEREAS, the proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable general and specific plans of the City; and,

WHEREAS, the owner, whose signature(s) appear on the final map, and others have offered for dedication certain streets, public utility easements, access rights and other public properties and uses as shown and delineated upon said final map; and
WHEREAS, required public improvements have not been completed by the subdivider as of the filing of the final map, and all required public improvements shall be required to be completed in accordance with a Subdivision Improvement Agreement approved by and between the City and the Subdivider; and
WHEREAS, the City Council now desires to approve the Subdivision Agreement with

subdivider, approve the final map, and accept all dedications thereunder.

NOW, THEREFORE, the City Council of the City of Yuba City does resolve as follows:

1. Subdivision Agreement: The City Council approves the Subdivision Agreement with YC Hooper Ventures, LLC, a California Limited Liability Company attached hereto as Exhibit “A,” and authorizes the City Manager or designee to execute the same on behalf of the City of Yuba City.

2. Findings for Final Map: The City Council finds that:
a. The final map is in substantial compliance with the tentative map, any deviations therefrom being deemed to be approved by the Council.
b. The requisite conditions associated with the tentative map have been satisfied, subject to the terms of the Subdivision Agreement approved concurrently herewith. c. The final map is in conformance with the General Plan and any applicable specific plan(s).
d. The final map conforms to all applicable requirements of the Subdivision Map Act of the State of California.

3. Approval of Final Map and Acceptance of Dedications: The City Council approves the final map attached hereto as Exhibit “B”, subject to the terms of the Subdivision Agreement approved concurrently herewith, and subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the final map for recordation.

The City Council accepts any and all of the streets, public utility easements, public utility facilities, access rights and all parcels of land and easements offered for dedication on the final map, unless it is stated on the final map that said dedications are subject to City acceptance of subdivider-installed improvements, in which case acceptance shall be subject to improvement in accordance with Section 66477.1 of the California Government Code.

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 18th day of April, 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit “A” – Subdivision Agreement
Exhibit “B” – Final Map (Henson Ranch Estates – Phase 1, City of Yuba City)

EXHIBIT “A”

1 PLANNING COMMISSION RESOLUTION NO. PC21-16

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF YUBA CITY APPROVING TENTATIVE SUBDIVISION MAP (TSM) 21-01, HENSON RANCH, ,

SUBJECT TO THE CONDITIONS OF APPROVAL AND MITIGATION MEASURES, CREATING 96 SINGLE-FAMILY RESIDENTIAL LOTS AND A 6.63-ACRE REMAINDER ON 25.14 ACRES, LOCATED ALONG THE NORTH SIDE OF COLUSA HIGHWAY

FRONTAGE ROAD BETWEEN HOOPER ROAD ON THE WEST AND EL MARGARITA ROAD ON THE EAST (ASSESSOR’S PARCEL NUMBERS 62-082-009, 62-082-011, 62- 082-014, 62-082-015), AND ADOPTING THE MITIGATED NEGATIVE DECLARATION PREPARED AS DETAILED IN THE ENVIRONMENTAL ASSESSMENT 21-01.

WHEREAS, the City received a tentative subdivision map application for this property in June 2021 to subdivide the approximately 25.14-acre property. TSM 21-01 would create 96 single-family residential lots, and a 6.63-acre remainder. All of the new lots 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, the Planning Commission reviewed related Environmental Assessment 21- 01 considering a Mitigated Negative Declaration (MND) prepared for the project, which provided mitigations that reduce significant impacts to less than significant; and WHEREAS, a review of the General Plan and Zoning Regulations determined that the proposed subdivision was consistent with the General Plan and Zoning Regulations; and WHEREAS, the City on October 20, 2021, 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 November 10, 2021; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 10, 2021 and considered all of the project and environmental information presented by staff, public testimony and all of the background information.

NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Yuba City resolves and orders as follows:

Environmental finding: The Planning Commission 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. 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, the Commission finds 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 project-specific mitigation measures included in the project to avoid potentially significant effects are set forth in the attached Initial Study/Mitigated Negative

2 Declaration. 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.

Subdivision Findings: None of the findings required by Yuba City Municipal Code Section 8-

2.609, and the California Subdivision Map Act Section 66474 that require the City to deny approval of a tentative map apply to this project:

1. The proposed tentative subdivision map is not consistent with the applicable general plan and specific plan.

2. The design and improvement of the tentative subdivision map is not consistent with applicable general and specific plans or adopted City standards.

3. That the site is not physically suited for the density of development.

4. That the site is not physically suited for the type of development.

5. That the design of the subdivision map or likely improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

6. That the design of the subdivision maps or the type of improvements is likely to cause serious public health problems.

7. None of the findings in Section 6-9.603 of the Municipal Code is satisfied.

8. That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

Evidence:

1. The proposed 96 single-family residential lots on approximately 18.51 acres of the 25.14- acre property are designated in the General Plan as LDR. This designation provides for a gross residential density range of 2 to 8 residences per acre. This proposal is for approximately 5.2 residences per acre, which is well within the General Plan density range standard provided in the Land Use Element.

Hooper Road is designated in the General Plan as a collector street. The on-site portions of the street, including the remainder portions will be improved to a collector standard.

With the increased traffic generated by the subdivision it will remain within the LOS standard of D or better as provided in the General Plan Circulation Element.

The proposed 96 new residences are consistent with the Housing Element’s call for more housing. The project is not within a specific plan.

As determined in the mitigated negative declaration prepared for the subdivision there are no significant impacts on any agricultural land, biological resources, water quality, and air quality; the project will be paying its fair share (development impact fees) for local parks.

Thus, the project is consistent with the Environmental Conservation Element of the General Plan.

2. As discussed above, this single-family residential land division meets all General Plan consistency requirements. Further, the project is conditioned to meet all City

3 development and improvement standards including water, wastewater, stormwater, street cross-sections, and streetscape landscaping. Each new residential lot meets the minimum lot size requirements of the R-1 Zone District.

3. The site is flat and has all City services available to it or, in the case of stormwater drainage, the system will be designed and constructed to be part of a larger drainage system operated by the Sutter County Water Agency. The environmental document prepared for the project did not find any environmental concerns that could not be mitigated to below a level of significance or where the inadequacies of the property that would provide concerns for its proposed development.

4. The site is flat, surrounded by existing development and physically suited to be readily developable. The portion of the property where the proposed residential land division is located is designated by the General Plan for single-family residential development. As previously discussed, all City services will be available to the property.

5. Based on the mitigated negative declaration prepared for this project, the project will not create any significant environmental impacts, including adverse impacts on fish and wildlife.

6. Every new lot will be connected to City water, wastewater, and storm drainage systems, which will avoid public health problems.

7. The facilities of the State plan of flood control or other flood management facilities protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas.

8. The subdivision will be served by public streets that are dedicated to the City for public use. There is no use of private streets or other types of easements that the project would conflict with. There are no known existing easements that will be adversely affected by this subdivision.

AND, BE IT FURTHER RESOLVED, that the Planning Commission, based on Environmental Assessment 21-01 and the list of identified mitigation measures, determines the project will not have a significant impact on the environment and adopts a Mitigated Negative Declaration for the project as well as the associated Mitigation Monitoring Program, and approves Tentative Subdivision Map 21-01 Henson Ranch, as shown in Exhibit A, subject to the Conditions of Approval and Mitigation Measures as provided in Exhibit B.

The foregoing resolution was introduced at the regular meeting of the Planning Commission held on November 10, 2021, by Commissioner Doscher who moved its adoption, which motion was seconded by Commissioner Sillman and carried by the following vote:

Ayes: Chairwoman Blake, Vice Chairwoman Sillman, Commissioner Doscher, Commissioner Adams, Commissioner Brookman, Commissioner Shaffer
Noes:

Absent: Commissioner Dale
Recused:

22+00 23+00 93+00 93+30

SAN GIMIGNANO DRIVE
X X
X X X
X X X
X X X
X X
X
X X X
X X
X

X X X X
X X X

X X X X
X X X
X X
X
X X X
X

X X X X
X X X
X X
X
X X X
X X X
X
X

X X X X X
X X X
X
X X
X
2726
25 28
7 8
9 10
11 12
13 14
15 1617
24 23
22 21
20 19
18 32
33 34
35 36
15 14
13 12
11 10
98 7
6 5
29 30
31 1
22 23
24 25
26 27
28 29
30 31
37 38 39
3 110.0' 102.9' 102.9' 102.9' 105.0' 105.0' 110.0' 110.0' 117.9' 110.0' 117.9' 117.9' 117.9' 125.0'

38.7' 55.0' 55.0' 55.0' 72.0'

55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 72.0' 105.0' 105.0' 56.4'

55.0' 55.0' 55.0'

55.0' 55.0' 55.0' 76.4'

52.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 52.0'

55.0' 55.0' 52.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 52.0' 102.9' 85.0' 85.0' 85.0'

52.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 52.0'

50.0' 50.0' 53.0' 50.0' 52.0' 72.0' 55.0' 55.0' 52.0' 55.0' 55.0'

90.1' 62.1' 105.0' 105.0' 105.0' 105.0' 105.0' 105.0' 105.0' 105.0' 105.3' 122.9' 122.9' 125.0'

55.0' 41.0' 55.0' 55.0'

50.0' 50.0' 50.0' 97.9' 90.0'
110.0'
110.0'

90.0'
132.1' 105.0' 105.0'

55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 52.0' 85.0' 105.0' 105.0' 105.0' 105.0' 105.0' 105.0' 105.0' 105.0' 105.0' 105.0' N.A.P.O. CHURCHILL REV TR 62-082-010

BECERRA
62-072-009
SAMRA
62-082-001

INTERWEST
62-200-026
PANDIT
62-082-017

SOUZA REV TR
62-082-003

BARKLEY
62-082-012

ESPINOZA
62-061-015
HILL 06 TR
62-061-014

CHASTAIN
FLORES 62-061-011
62-082-013
HAASE
62-061-011

IANNIELLO
62-061-016

IANNIELLO
62-061-017
DANIK
62-091-009
GARDNER62-091-010

BAGRHIAY
62-081-008
BATHA
62-081-006
CHECHI
62-081-009
WATSON
62-081-010

MITCHELL
62-081-030
CHAVEZ
62-360-001
CSER 11 TR
62-360-056

ALCANTAR
62-360-039
GALAZ
062-360-038
014-151-011

TERRELL
62-071-034

GUERRERO
014-151-011

BILLIE KEITH WAY

WAYNE WAY

MILLIE DRIVE

ETHEL DRIVE

ETHEL DRIVE

COLUSA FRONTAGE ROAD

HOOPER ROAD

EL MARGARITA ROAD
1 2
3 BARKLEY
62-082-012

PITTMAN
62-200-027

55.0' 55.0' 55.0' 55.0' 55.0' 60.9' 72.0'

55.0' 72.0'

55.0' 69.0' 53.1' 85.1' 105.0' 105.0' 105.0' 105.0' 105.0' 105.0' 105.0' 105.0' 105.0'

15.0' 168.0' 150.0' 150.0'
6 5
4 2
1 7
8 9 40 41 42
4 3
2 1 12 11 10
13 14 15 16 17 18 19 20 21 22 23
2 3
4 5
6 16 17 18 19 20
21 130.3' 62.1' 55.0 55.0' 55.0' 52.3' 55.0' 55.0' ' 55.0' 60.2' 60.6' 60.3' 124.8'
116.8'
111.6'
110.0'
109.8'
110.0'
110.0'
110.0'
110.0'

89.9' 55.0 55.0' 55.0' 73.2' 55.0' ' 55.3' 55.3' 55.3' 55.3' 55.0' 55.0' 55.0' 55.0' 65.0' 70.0' 65.0' 55.0' 55.0' 55.0' 60.0' 60.0' 60.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 71.7' 118.6'
120.4'
119.6'
115.6'
110.0'
110.0'
110.0'
110.0'
110.0' 52.7' 55.1' 55.3' 55.5' 55.2' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 65.0' 70.0' 65.0' 55.0' 85.0' 85.0' 110.0'
110.0'
110.0'
110.0'
110.2'
112.9'
110.0'
110.0'
110.0'
110.0'

72.0'
105.5'
105.7'
105.9'
106.1'
106.2'
106.4'
106.6'
106.8'
106.9' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 63.5' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 63.5' 107.2'

52.0' 85.0' POTENTIAL WATER QUALITY BASIN OR WATER QUALITY MANHOLE PRIOR TO LEAVING SUBDIVISION (PREFERRED SYSTEM IS THE MANHOLE)

NOT PART OF
10112

52.26 PM-C

BILLIE KEITH WAY

WAYNE WAY

MILLIE DRIVE

ETHEL DRIVE

ETHEL DRIVE

COLUSA FRONTAGE ROAD

HOOPER ROAD

EL MARGARITA ROAD
0 20' 40' 80' 160'
LOT SUMMARY*
VILLAGE NO. 1 = 42 LOTS 8.11 AC 5.18 DU/ACVILLAGE NO. 2 = 31 LOTS 5.62 AC 5.52 DU/ACVILLAGE NO. 3 = 23 LOTS 4.23 AC 5.44 DU/AC SUBTOTAL = 96 LOTS 17.96 AC 5.35 DU/AC
(RESIDENTIAL)
NOT PART OF = 03 PARCELS 6.63 AC
LOT 9 - POTENTIAL DETENTION POND 0.55 AC
SUBTOTAL = 7.18 AC
(NON-RESIDENTIAL)
TOTAL = 25.14 AC
*ALL ACREAGES AND DENSITIES EXCLUDE MAJOR ROADWAYS. THERE ARE NO MAJOR ROADWAYS ON THIS PROJECT.

LAND USE SUMMARY
LEGAL DESCRIPTION:HE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SUTTER, CITY OF YUBA CITY, DESCRIBED AS FOLLOWS:PARCEL ONE: (APN: 62-082-009 AND 62-082-014) A PORTION OF LOTS 22 AND 23 OF SUBDIVISION NO. 2 OF THE ELMER TRACT, IN THE CITY OF YUBA CITY, COUNTY OF SUTTER, STATE OF CALIFORNIA,ACCORDING TO THE MAP THEREOF RECORDED FEBRUARY 4, 1908 IN BOOK 1, PAGE 61 OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 23 AND RUNNING THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 23, A DISTANCE OF 156.00 FEET; THENCE NORTHERLY, PARALLEL TO THE EAST LINE OF SAID LOT 23, A DISTANCE OF 340.00 FEET; THENCE EASTERLY PARALLEL TO THE SOUTH LINE OF SAID LOT 23 AND LOT 22, A DISTANCE OF 200 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID LOT 23, A DISTANCE OF 340.00 FEET TO THE SOUTH LINE OF SAID LOT 22; AND THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 22, 44.0 FEET TO THE POINT OF BEGINNING.PARCEL TWO: (APN: 62-082-011)LOT 24 OF SUBDIVISION NO. 2 OF THE ELMER TRACT, IN THE CITY OF YUBA CITY, COUNTY OF SUTTER, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED FEBRUARY 4, 1908 IN BOOK 1, PAGE 61 OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM THAT PORTION CONVEYED TO EARL D. LARSEN AND ROSETTA M. LARSEN, HIS WIFE, AS JOINT TENANTS, IN DEED RECORDEDDECEMBER 13, 1963 IN BOOK 636, PAGE 346 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:BEGINNING AT A POINT IN THE WEST LINE OF LOT 24, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF SUBDIVISION NO. 2 OF THE ELMER TRACT", FILED FEBRUARY 4, 1908 AND RECORDED IN BOOK 1 OF SURVEYS, AT PAGE 61, SUTTER COUNTY RECORDS, DISTANT THEREON NORTH 1° 04' WEST, 145.0 FEET FROM THE SOUTHWEST CORNER OF SAID LOT; THENCE FROM SAID POINT OF BEGINNING, CONTINUING ALONG THE WEST LINE OF SAIDLOT 24, NORTH 1° 04' WEST, 168.0 FEET; THENCE LEAVING SAID WEST LINE, RUNNING EASTERLY AT RIGHT ANGLES TO SAID WEST BOUNDARY LINE, ADISTANCE OF 150.0 FEET; THENCE SOUTHERLY AT RIGHT ANGLES, 168.0 FEET; THENCE WESTERLY AT RIGHT ANGLES 150.0 FEET TO THE POINT OFBEGINNING.PARCEL THREE: (APN: 62-082-015)LOTS 22 AND 23 OF SUBDIVISION NO. 2 OF THE ELMER TRACT, IN THE CITY OF YUBA CITY, COUNTY OF SUTTER, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED FEBRUARY 4, 1908 IN BOOK 1, PAGE 61 OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:

A PORTION OF LOTS 22 AND 23 OF SUBDIVISION NO. 2 OF THE ELMER TRACT, IN THE CITY OF YUBA CITY, COUNTY OF SUTTER, STATE OF CALIFORNIA,ACCORDING TO THE MAP THEREOF RECORDED FEBRUARY 4, 1908 IN BOOK 1, PAGE 61 OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 23 AND RUNNING THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 23, A DISTANCE OF 156.00 FEET; THENCE NORTHERLY, PARALLEL TO THE EAST LINE OF SAID LOT 23, A DISTANCE OF 340.00 FEET; THENCE EASTERLY PARALLEL TO THE SOUTH LINE OF SAID LOT 23 AND LOT 22, A DISTANCE OF 200 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID LOT 23, A DISTANCE OF 340.00 FEET TO THE SOUTH LINE OF SAID LOT 22; AND THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 22, 44.0 FEET TO THE POINT OF BEGINNING.

Exp. 12-31-22
No. C52593
N
A
S
REGIST
M
E
RNAES
STAT
ERED
P
CI V I
. MI

OF COFES
IA
L
RD
A

LI FORN
IONAL

EN GINEER
SCALE 1' = 50'

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

OLIVEHURST PUBLIC UTILITIES DISTRICT

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. SUBDIVIDER RESERVES THE RIGHT TO PHASE DEVELOPMENT AND FILE MULTIPLE FINAL MAPS PURSUANT TO SECTION 66456.1 (A) OF THE SUBDIVISION MAP ACT.

2. A 12.0 FOOT PUBLIC UTILITY EASEMENT SHALL BE LOCATED PROVIDED ON ALL STREETS WITH 10 FEET BEHIND SIDEWALK AND

2.0 FEET LOCATED UNDER SIDEWALK. ADJACENT TO CUL-DE-SAC BULBS THE PUBLIC UTILITY EASEMENT SHALL BE 10 FEETBEHIND SIDEWALK UNLESS OTHERWISE DIRECTED BY THE CITY ENGINEER.

3. THIS EXHIBIT IS FOR TENTATIVE MAP PURPOSES ONLY, ACTUAL DIMENSIONS, ROAD ALIGNMENTS, ACREAGE, AND YIELDS ARE TO BE VERIFIED PRIOR TO FINAL MAP.

4. THIS IS AN APPLICATION FOR A DEVELOPMENT PERMIT.

5. VILLAGE NUMBERING IS FOR IDENTIFICATION PURPOSES ONLY AND DOES NOT INDICATE PHASING ORDER OF DEVELOPMENT.

ULTIMATE DEVELOPMENT PHASING WILL BE ORDERLY AND WILL BE DETERMINED AT FINAL MAP AND/OR IMPROVEMENT PLAN STAGE.

6. ALL EXISTING STRUCTURES, SEPTIC TANKS, AND WELLS TO BE REMOVED OR DESTORYED PRIOR TO CONSTRUCTION.

7. STREET TREES SHALL BE PLANTED PURSUANT TO COUNTY OF YUBA CITY STANDARDS. ADDITIONAL DETAIL SHALL BE PROVIDED ON THE IMPROVEMENT PLANS.

8. OWNERS, APPLICANT, ATTORNEY, ENGINEER, AND SURVEYOR SHALL RECEIVE ANY COMMUNICATIONS AND/OR NOTICES RELATED TO THIS PROJECT.

EXISTING USE
VACANT
EXISTING GENERAL PLAN DESIGNATIONLOW DENSITY RESIDENTIALPROPOSED GENERAL PLAN DESIGNATIONLOW DENSITY RESIDENTIALEXISTING ZONINGR-1PROPOSED ZONINGR-1LEVEE PROTECTIONLEVEE DISTRICT NO. 9 OF SUTTER COUNTYELEMENTARTY SCHOOL DISTRICT

YUBA CITY UNIFIED SCHOOL DISTRICT

HIGH SCHOOL DISTRICT

YUBA CITY UNIFIED SCHOOL DISTRICT

IRRIGATION DISTRICT

NONE - INDIVIDUAL WATER WELLS
OWNER
HENSON FAMILY LIVING TR2689 COLUSA HIGHWAY
YUBA CITY, CA 95991
CONTACT: MARY HENSON
PHONE: (530) XXX-XXXXAPPLICANTWESTMARK 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: SEAN MINARD, P.E., P.L.S.

PHONE: (530) 742-6485ASSESSOR'S PARCEL NO.APN 62-082-009, 011, 014, AND 015AREA OF TENTATIVE MAP

25.14 GROSS ACRE (6.63 ACRES ARE NOT

PART OF THE PROJECT)
SURVEYORS STATEMENT:

I HEREBY STATE THAT ALL EASEMENTS OF RECORD

ARE SHOWN AND LABELED PER PRELIMINARY TITLE
REPORT BY PLACER TITLE COMPANY ORDER NUMBERP-492574 DATED MAY 21, 2021.

SEAN MINARD, P.E. 52593, P.L.S. 8397
TEL: 530.742.6485
FAX: 530.742.5639
1204 E STREET, P.O. BOX B
MARYSVILLE, CA 95901
ENGINEERS & SURVEYORS SINCE 1892
JUNE 14, 2021 REVISED SEPTEMBER 27, 2021

YUBA CITY, CALIFORNIA

TENTATIVE SUBDIVISION TRACT MAP
SM 21-001 (HENSON RANCH)
2INDICATES PROPOSED PHASE
CITY OF YUBA CITY APPROVAL:THE CITY OF YUBA CITY PLANNING COMMISSION HAS CONSIDERED AND APPROVED RESOLUTION 21-0XX APPROVING TENTATIVE SUBDIVISION MAP NO. 2021-001 DURING THE PLANNING COMMISSION MEETING ON ______________, 2021. ______________________________________________ CITY OF YUBA CITY DATE:

SCALE 1' = 1000'

HOOPER ROAD

RUTH AVENUE

HOOPER ROAD

BUTTE HOUSE ROAD
NO GEO WASH BLVD.

ROYO RANCHERO

EL MARGARITA ROAD

HARTER PARKWAY
CL

NOT TO SCALE

HOOPER ROAD (FRONTAGE ONLY)

EL MARGARITA ROAD (FRONTAGE ONLY)
B COLLECTOR - 50.0' R/W

20.5'
PSE
PL

0.5' 10.0'
PUE 5.0' 2.5'

25.0' ROADWAY

SIDEWALK
TYPE "A" ASPHALT

22.0' @ 2%
CLASS 2 A.B.

6.0'

12.0'
PUE

20.5'
PSE 0.5'
PL

2.5' 5.0'

25.0' ROADWAY

BARRIER CURB
& GUTTER

SIDEWALK
TYPE "A" ASPHALT

22.0' @ 2%
CLASS 2 A.B.

6.0'

ROLLED CURB
& GUTTER

5.0'
BIKE
LANE

11.0'
TRAVEL
LANE

8.0'

PARKING

5.0'
BIKE
LANE

11.0'
TRAVEL
LANE

8.0'

PARKING

6.0'
CLASS 2 A.B.

16.0' @ 2%
TYPE "A" ASPHALT

SIDEWALK

ROLLED CURB
& GUTTER

19.0' ROADWAY

4.0' 2.5'

12.0'
PUE

0.5'

10.0'
TRAVEL
LANE

8.0'

PARKING
PL CL

NOT TO SCALE
A ALL INTERIOR ROADS SERVICING 100 OR FEWER LOTS MINOR RESIDENTIAL - 38.0' R/W (DEATTACHED)

19.5'
PSE
DEATTACHED SIDEWALK OPTION. THEPLANTER STRIP SHALL ALSO BE USEDFOR STORM WATER MITIGATION. LOTDIMENSIONS BASED ON ATTACHED SIDEWALK.

PUE SHALL BE A TOTAL OF 12 FEET
WITH 10 FEET BEHIND SIDEWALK
AND 2 FEET UNDERSIDEWALK.

MINOR RESIDENTIAL - 46.0' R/W (ATTACHED)
A NOT TO SCALE ALL INTERIOR ROADS SERVICING 100 OR FEWER LOTS PL CL

8.0'

PARKING

10.0'
TRAVEL
LANE

0.5' 2.5'

23.0' ROADWAY

ROLLED CURB
& GUTTER

SIDEWALK
TYPE "A" ASPHALT

16.0' @ 2%
CLASS 2 A.B.

4.0'

6.0'
CLASS 2 A.B.

16.0' @ 2%
TYPE "A" ASPHALT

SIDEWALK

ROLLED CURB
& GUTTER

19.0' ROADWAY

2.5' 4.0'

12.0'
PUE

0.5'

10.0'
TRAVEL
LANE

8.0'

PARKING

19.5'
PSE
PL

12.0'
PUE
PL

8.0'

PARKING

10.0'
TRAVEL
LANE

0.5' 2.5'

23.0' ROADWAY

ROLLED CURB
& GUTTER

SIDEWALK
TYPE "A" ASPHALT

16.0' @ 2%
CLASS 2 A.B.

4.0'

12.0'
PUE
PUE SHALL BE A TOTAL OF 12 FEETWITH 10 FEET BEHIND SIDEWALK AND 2 FEET UNDERSIDEWALK.

10.0' TO 12.0' @ 2%
PUE SHALL BE A TOTAL OF 12 FEET
WITH 10 FEET BEHIND SIDEWALK
AND 2 FEET UNDERSIDEWALK.

1 CITY OF YUBA CITY

CONDITIONS OF APPROVAL
TENTATIVE SUBDIVISION MAP 21-01
NOVEMBER 10, 2021

HENSON RANCH
APNs: 62-082-009, -011, -014, -015

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 tentative subdivision map 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.

All discretionary conditions of approval will ultimately be deemed mandatory unless appealed by the applicant to the City Council within 10 days after the decision by the Planning Commission. In the event you wish to appeal the Planning Commission’s decision or discretionary conditions of approval, you may do so by filing a written appeal with the City Clerk. The appeal shall state the grounds for the appeal and wherein the Commission failed to conform to the requirements of the zoning ordinance. This should include identification of the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld.

These conditions are applicable to any person or entity making use of this tentative subdivision map, 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 tentative subdivision map.

CONDITIONS OF APPROVAL

1. The applicant/property owner agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, damages, liability

2 or actions arising out of or connected with this Agreement, except to the extent such liabilities are caused by actions of the City.

2. The lands with a current general plan designation of Office and Office Park shown as ‘not a part of’ the project will not have development rights unless a Conditional Certificate of Compliance is processed for the subject area or as approved by the City Surveyor.

3. The lot design on the subdivision maps shall be designed in conformance with the TSM 21-01, as appropriate, and as approved by the Planning Commission.

4. The development and operation of the project shall comply with all CEQA mitigation measures identified in Environmental Assessment 21-02 dated October 20, 2021.

5. To limit visibility to provide privacy and to minimize conflicting views of adjacent properties, the Tentative Map dated June 14, 2021 Revised September 27, 2021 is restricted as follows:
a. Phase 1 lots – 2, 3 and 4 are to be restricted to single story construction or any back-facing window sills on the upper floor of a two-story residence are to be a minimum of 6.0 feet above the floor, or as otherwise approved by the Development Services Director
b. Phase 1 lots - 23 and 24 are to be restricted to single story construction. c. Phase 2 lot - 26 is to be restricted to single story construction or any back-facing window sills on the upper floor of a two-story residence are to be a minimum of

6.0 feet above the floor, or as otherwise approved by the Development Services Director.
d. Phase 3 lots – 22 and 23 are to be restricted to single story construction or any back-facing window sills on the upper floor of a two-story residence are to be a minimum of 6.0 feet above the floor, or as otherwise approved by the Development Services Director.

6. The Developer shall coordinate with United States Postal Service in regard to relocating the existing mailboxes, adjacent to the subdivision, located along the west side of El Margarita Road, to either a centralized mail delivery unit or to the east side of the road in coordination with applicable property owners. On site mail delivery is to be maintained throughout construction.

7. If Phase 3 develops prior to Phases 1 or 2, then Ethel Drive will need a temporary cul-de-sac at the west end (located in Phase 2). In addition, a fire hydrant will need to be installed midway down the length of Ethel Drive, or at a location determined by the Yuba City Fire Marshal.

8. Road improvements along Hooper Road, from the north boundary of the tentative map to the intersection with North Colusa Frontage Road, along the east right of way, are to be constructed including road widening, curb, and gutter, along the entire length of Hooper Road, including the curb return and ADA ramp at the intersection of Hooper Road and North Colusa Frontage Road or as otherwise determined by the Public Works Director. Sidewalk improvements shall be provided from north boundary line to the southern boundary of Phase 1 Lot 37. No sidewalk shall be

3 required on the “Not Part Of” lands. Necessary right of way and easements are to be dedicated with Phase One of the Final Map.

9. Road work adjacent to APN 62-082-010 (between lots 31 and 32 of Phase 1) is to be constructed. Work is to include a widened bike lane, curb, gutter, and sidewalk within the existing right of way, with a modified road section as approved by the Public Works Director to facilitate construction. Reimbursement fee credits for qualifying work will be determined in the applicable subdivision/improvement agreement with Developer prior to construction.

Road work shall be constructed prior to the issuance of the first certificate of occupancy in Phase 1, or as otherwise determined by the Public Works Director.

10. Road improvements along El Margarita Road, from the north boundary of the tentative map to the intersection with North Colusa Frontage Road, along the west right of way, are to be constructed including road widening, curb, and gutter, along the entire length of El Margarita Road, including the curb return and ADA ramp at the intersection of El Margarita Road and North Colusa Frontage Road or as otherwise determined by the Public Works Director. Sidewalk improvements shall be provided from north boundary line to the southern boundary of Phase 3 Lot 1. No sidewalk shall be required on the “Not Part Of” lands. Necessary right of way and easements are to be dedicated with Phase One of the Final Map.

11. The Developer shall, prior to the issuance of the first certificate of occupancy of the first residence in Phase 2 (as said Phase is shown on Tentative Subdivision Map dated June 14, 2021 Revised September 27, 2021), construct a solid 6-foot high chain link fence across the right-of-way of Ethel Drive and Millie Drive connecting with the adjoining six-foot high private fences. This fencing shall be constructed in addition to the standard dead-end barricade. The fence and barricade shall be maintained by the City via the lighting and landscape maintenance district.

12. 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.

13. 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.

14. 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.

15. Storage of construction material is not allowed in the travel way.

16. The only hard surface (concrete or pavers) that can be placed in the street planter area other than the standard driveway serving the residence is 18” wide strips to accommodate the wheel path of vehicles unless authorized/approved by the Public Works Director.

17. A Subdivision Agreement outlining any costs (hot tap, connection fee, fair share contribution, etc.) associated with the development shall be accepted by the City prior

4 to recordation of map, or prior to approval of the Improvement Plans, whichever comes first.

PRIOR TO ISSUANCE OF A GRADING PERMIT

18. 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 rear yards and/or side yards of the lots that are created by this subdivision that are adjacent to existing residential development shall have the same finish grade elevation as those lots within tolerances as approved by the Public Works Department. If retaining walls are required they shall be constructed of concrete or masonry block.

19. A master grading plan for all phases of the subdivision 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

20. A fair share analysis shall be prepared by a traffic engineer. The analysis should determine fair share amounts related to mitigations in previous traffic studies as approved by the Public Works Director, with a focus primarily on the following intersections:
• State Route 20 / N. Colusa Frontage Road and N. George Washington Blvd. • North Colusa Frontage Road and Hooper Road
• North Colusa Frontage Road and El Margarita Road
• Hooper Road and Jefferson Avenue
• Any other locations deemed appropriate by the traffic engineer or Public Works Director
Developer is to construct and/or pay all determined proportional share amounts of required improvements and/or fees related to mitigating identified traffic impacts that are in addition to the City’s impact fee program.

21. Final Improvement Plans are to incorporate traffic calming measures along Ethel Drive, including curb extensions (bulb-outs / chokers) at determined locations to be approved by the Development Services Director.

22. 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 Improvement Plans the Developer shall provide evidence, to the satisfaction of the Public Works Department, that all such obligations have been met.

23. The contractor shall obtain an Encroachment Permit from the City prior to performing any work within public rights of way.

24. The plans shall indicate the locations of all prior hull deposit pits, detention pond(s), all septic and leach field areas, and all wells. All pits and ponds are to be filled with engineered fill.

5 25. Hooper Road shall be widened to a half-width (centerline to back of curb) of 24.5 feet.

Right-of-way shall be dedicated to a width of 25.0 feet together with a 20.5-foot Public Service Easement (PSE) behind the right-of-way. Frontage improvements shall include street section, barrier curb, gutter, 6.0-foot landscaped parkway strip (measured from back of curb), 5.0-foot wide sidewalk, street trees, and streetlights.

A 12.0 foot wide Public Utility Easement (PUE) shall be located adjacent to the sidewalk with 2.0 foot located underneath the sidewalk, or as otherwise determined by the Public Works Director. Adjacent to APN 62-082-010, the road section width and specifications can be modified as approved by the Public Works Director to facilitate construction within the existing right of way. The sidewalk can be attached and there shall be no requirement for a PSE, street trees, street lights, or landscaped parkway strip. Work is to include relocating the existing mailbox to the back of sidewalk or incorporated into the centralized mail delivery unit.

26. El Margarita Road shall be widened to a half-width (centerline to back of curb) of 24.5 feet. Right-of-way shall be dedicated to a width of 25.0 feet together with a 20.5-foot PSE behind the right-of-way. Frontage improvements shall include street section, barrier curb, gutter, 6.0-foot landscaped parkway strip (measured from back of curb), 5.0-foot wide sidewalk, street trees, and streetlights. A 12.0-foot wide PUE shall be located adjacent to the sidewalk with 2.0 foot located underneath the sidewalk, or as otherwise determined by the Public Works Director.

27. The Developer has two roadway design options for of the interior residential streets:
a. Detached sidewalk -- Streets shall be designed/constructed to a width of 37.0 feet back of curb to back of curb with parking permitted on both sides. Rightof-way shall be dedicated to a width of 38.0 feet together with a 19.5-foot PSE behind the right-of-way. Frontage improvements shall include street section, curb, gutter, 6.0-foot wide landscape parkway strip (measured from back of curb), 4.0-foot wide sidewalk, street trees, and streetlights. A 12.0-foot wide PUE shall be located adjacent to the sidewalk with 2.0-foot located underneath the sidewalk.
i. The landscape plan for the front yard, including the area between the sidewalk and curb, shall be handled by each individual lot improvement. The irrigation system shall be designed to accommodate the street tree and shall meet the City’s Model Water Efficient Landscape Ordinance.
ii. The landscaping in the parkway strip is to have a coordinated theme referenced on the public improvement plans, or as approved by the Development Service Director.
b. Attached sidewalk -- Streets shall be designed/constructed to a width of 37.0 feet back of curb to back of curb with parking permitted on both sides. Rightof-way shall be dedicated to a width of 46.0 feet. Frontage improvements shall include street section, curb, gutter, a 4.0-foot wide attached sidewalk, and streetlights. A 12.0-foot wide PUE shall be located adjacent to the sidewalk with 2.0 foot located underneath the sidewalk. i. At minimum one City approved street tree shall be planted in the front yard of each lot. Any variation as to location of tree and/or type of tree shall be approved by the Development Services Director.

6 ii. The landscape plan for the front yard shall be handled by each individual lot improvement.

28. 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 Study.
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. 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.

29. Only one detention pond and/or water quality basin shall be utilized if required to meet stormwater requirements throughout the entire subdivision. Mechanical water quality devices and/or oversized pipes are preferred. Should a basin be necessary it is to include, but not be limited to a vehicle pull out area, solid masonry wall adjacent to residential, decorative perimeter fencing with accessible sized gate, landscaping, and access to the inlet and outlet in the basin as approved by the Public Works Director. Maintenance costs associated with the basin and/or mechanical water quality device(s) are to be included in the applicable Lighting and Landscape Maintenance District.

7 30. 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

31. 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 Sutter County Public Works Director. The Developer shall coordinate with the County if the storm drain under Hooper Road, and the ditches to the west, are to be utilized as part of the drainage improvements.

32. All development shall be designed to local, state, and federal flood standards.

33. 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.

34. Striping, pavement markings and traffic signage shall be provided on all streets 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.

35. The street trees and street lighting are public improvements which shall meet the Parks Division Planting Standards and 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. Only one tree species shall be planted on any street.

36. The Improvement Plans shall show provisions for the placement of centralized mail delivery units in the PUE. Developer shall provide a concrete base for placement of the centralized mail delivery unit. Specifications and location of such base shall be determined pursuant to the applicable requirements of the Postal Service and the City Public Works Department, with due consideration for street light location, traffic safety, security and consumer convenience.

37. 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."

8 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.”

PRIOR TO ACCEPTANCE OF THE PUBLIC IMPROVEMENTS

38. All existing well(s), septic tank(s), and service lines shall be destroyed in accordance with the requirements of the Sutter County Environmental Health and Yuba City Building Departments, respectively. Connections shall be made to public sewer and water. The Developer shall pay all applicable fees.

39. In addition to the street lights provided on the interior streets, street lights shall be installed along the east side of Hooper Road (except adjacent to APN 62-082-010), in front of the commercial property on the north side of North Colusa Frontage Road, and along the west side of El Margarita Road. Where there are existing lights on the opposite side of Hooper Road and/or El Margarita Road, the new light locations should be staggered between them.

40. Prior to final paving, the Developer shall vacuum test all manholes to ensure no leakage will occur.

41. Prior to final paving, the Developer shall hydroflush, and televise, all storm drain mains and all sewer mains. In addition, prior to the City’s acceptance of the subdivision improvements, and at the Public Works Department’s discretion, the storm sewer and sewer mains shall be re-hydroflushed.

42. 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

9 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.

43. The existing power poles along the property on Hooper Road shall be placed underground, or addressed in accordance with the City’s Overhead Utility Policy adopted March 17, 2020. The total lineal foot length of overhead lines along Hooper Road is determined to be 1,006 lineal feet or as otherwise determined by the Public Works Director.

44. All public street lighting shall be dedicated to the City of Yuba City.

PRIOR TO FINAL MAP RECORDATION

45. The residential portion of the development shall pay for operations and/or maintenance for police, fire, parks, drainage, and ongoing street maintenance costs.

This condition may be satisfied through participation in a Mello-Roos CFD, by payment of cash in an amount agreed to by the City, by another secure funding mechanism acceptable to the City, or by some combination of those mechanisms.

The City shall be reimbursed actual costs associated with the formation of, or annexation to, the district. The property shall annex in to an existing CFD.

46. The property shall petition for formation of a Zone of Benefit of the Yuba City Lighting and Landscaping Maintenance District for the purpose of maintaining; street trees which are to be planted along all streets, street lights, fencing, and any detention / water quality basin(s) or devices. The Engineering Division shall be reimbursed actual costs associated with the formation of the district.

47. Should a detention pond or water quality basin be utilized, the basin parcel(s) shall be dedicated to the City of Yuba City.

48. All public street lighting shall be dedicated to the City of Yuba City.

PRIOR TO ISSUANCE OF A BUILDING PERMIT

49. 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.

50. The Developer shall pay all applicable Sutter County Water Agency connection fees and maintenance and operation fees, and entering into an agreement with Sutter County providing participation in a zone of benefit, drainage district, agency, service area or any other public entity for the financing of construction and maintenance of a drainage system, as determined applicable by Sutter County.

51. At the commercial properties, cross access easements shall be reserved in deeds or other acceptable format to facilitate all shared underground utilities, ingress and egress, parking, drainage, refuse collection, landscaping, and the maintenance thereof to the benefit of all parcels involved in the division. The document is to be recorded and tied to the divided parcels.

PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY

10 52. The curb, gutter, sidewalk, and lot drainage shall be inspected and approved by the City. Any curb, gutter and sidewalk which is not in accord with City standards or is damaged before or during construction, shall be replaced. All sidewalks along the City right-of-way shall be free of any non-control joint cracking. 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.

53. 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.

54. 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.

MITIGATION MEASURES
Impact Mitigation Measure Responsible
Party Timing

3.7 Geology
and Soils
Paleontological Mitigation Measure 1:

Mitigation Measure # 1 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-
822-5145.

Mitigation shall be conducted as follows:

1. Identify and evaluate
paleontological resources by
intense field survey in the vicinity
that potential paleontological
resource was found, as
determined by the paleontologist;

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
Developer,
Public Works
Dept.,
Development
Services Dept.

During
construction
phase

11 Impact Mitigation Measure Responsible
Party Timing
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 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 process 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 Cultural Resources
Mitigation Measure 2, below:

Unanticipated Discoveries shall be
implemented. Preservation in place is the
preferred alternative under CEQA and
Developer,
Public Works
Dept.,
Development
Services Dept.

During
construction
phase

12 Impact Mitigation Measure Responsible
Party Timing
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.

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.

13 Impact Mitigation Measure Responsible
Party Timing
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.

Project CO. RCVD. BY DATE
Henson Ranch Phase 1 Offsite Improvements - APN 62-082-010 Frontage Sutter S.M. Minard 29-Aug-22 MHM PROJECT NO. QTY. BY IN CONST. INDEX
S. Mallen 25-Aug-22
96 Lots QTY. CHK. OUT BLDG. INDEX
J. Mallen 29-Aug-22
Item
No. Item Description Estimated
Quantity
Unit Unit Price
($/Unit)
Amount
($)
Bid Schedule A - Henson Ranch Phase 1 Offsite Improvements - APN 62-082-010 Frontage 1 Mobilization/Demobilization 1 LS 600.00 $ 600.00 $ Road 2 Class 2 Aggregate Base (14-Inch- Road Section) 170 TON 30.00 $ 5,100.00 $ Road 3 Asphalt Concrete (Type A) (4-Inch - Road Section) 40 TON 123.25 $ 4,930.00 $ Road 4 Minor Concrete (Sidewalks YC ST8 /ST9) (4-Inch) 840 SF 6.10 $ 5,124.00 $ Road 5 Class 2 Aggregate Base (4 Inch under sidewalk) 20 TON 40.00 $ 800.00 $ Road 6 Minor Concrete (YC ST4 Barrier Curb) 170 LF $ 4,505.00 26.50 $ Road 7 Standard Driveway (Extra Forming Cost) 2 EA 1,500.00 $ 3,000.00 $ Road 8 Pavement Delineation (Restriping) 170 LF 4.00 $ 680.00 $ Road $ 24,739.00 9 Project SWPPP & Erosion Control (Street Sweeping) 1 LS 500.00 $ 500.00 $ SWPPP 500.00 $ Subtotal Contract Items A = $ 25,239.00
Subtotal Contract Item A = $ 25,239.00
Project Manager @ 0.5% = 126.20
City Plan Check @ 1.5% = 378.59
City Inspection @ 2.0% = 504.78
Preliminary Engineering @ 0.5% = 126.20
Design Engineering and Surveying @ 3.0% = 757.17
Construction Surveying @ 2.5% = 630.98
Grand Total = $27,762.90
*** For Budget Purposes = $27,800.00
21-154
21154Estimate.xlsx\62‐082‐010 Improvements Page 1 Page 61 of 418 EXHIBIT “B”

ATTACHMENT 2

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Figure 1: Location Map: Henson Ranch
Tentative Subdivision Map 21-01
Project Site
1 inch = 300 feet

Agenda Item 6

CITY OF YUBA CITY

STAFF REPORT
Date: April 18, 2023
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 Peterbilt Crane Truck Award Recommendation: Adopt a Resolution authorizing the purchase of one (1) Peterbilt Model 537 Crane Truck to Dobbs Heavy Duty Holdings, LLC DBA Dobbs Peterbilt of Federal Way, WA in the amount of $300,000, including tax and a 10% contingency, by piggybacking on Sourcewell Contract No. 060920-PMC, with the finding that it is in the best interest of the City
Fiscal Impact: $300,000 – Account No. 6610-69415 (Vehicle Replacement Fund) Purpose:

To purchase one (1) crane truck for the Wastewater Treatment Facility (WWTF), as approved in the Fiscal Year 22/23 budget.

Council’s Strategic Goal:

This item supports Council’s Strategic Goals of Infrastructure and Public Safety by providing for the safe and responsible operation and maintenance of the WWTF.

Background:

The WWTF maintenance team operates one of two crane trucks within the City’s fleet, Equipment No. 01-11, which was purchased in 2000 and is operated about two-to-four hours each day. Equipment No. 01-11 has developed many issues due to its age and high use, and the WWTF is unable to utilize the second crane truck, located at the Water Treatment Plant, due to cross-contamination protocols.

Additionally, the City received notice from the Feather River Air Quality Management District that 01-11 will be inoperable due to air-quality violation in 2023 or 2024. In response to the impending regulatory deadline and operational issues, City Council approved the purchase of a replacement crane truck in the Fiscal Year 22/23 budget.

Analysis:

Staff located a crane truck chassis meeting the WWTF’s specifications at regional authorized Peterbilt dealer Dobbs Heavy Duty Holdings, LLC DBA Dobbs Peterbilt of Federal Way, WA, a Peterbilt Model 537 Crane Truck. Dobbs Peterbilt utilizes Lodi Truck and Equipment of West Sacramento, CA to

provide the body and assembly to place Model 537 trucks into service.

Sourcewell Cooperative Program, which negotiates cooperative purchasing for local governments nationwide, conducted a formal bid for crane truck models of this type that was awarded to Peterbilt via Contract No. 060920-PMC, to be fulfilled by its regional dealers. Staff’s recommendation is to “piggyback” on Sourcewell’s formal bid, as is allowed under the City’s Purchasing Policies and Procedures Section 9-8, to capitalize on the cost savings of the nationwide contract and the current availability of a suitable vehicle replacement.

Fiscal Impact:

The total cost of the Peterbilt Model 537 Crane Truck chassis and body meeting the City’s specifications, including assembly, sales tax, and a 10% contingency, is $300,000. The Fiscal Year 22/23 budget included $250,000 for this purchase in Account No. 6610-69415 (Vehicle Replacement Fund). There are sufficient wastewater savings in the Vehicle Replacement Fund to fund the additional cost.

Alternatives:

Direct staff to conduct a formal bid process, which will significantly delay the acquisition of the crane truck.

Recommendation:

Adopt a Resolution authorizing the purchase of one (1) Peterbilt Model 537 Crane Truck to Dobbs Heavy Duty Holdings, LLC DBA Dobbs Peterbilt of Federal Way, WA in the amount of $300,000, including tax and a 10% contingency, by piggybacking on Sourcewell Contract No. 060920-PMC, with the finding that it is in the best interest of the City.

Attachments:

1. Resolution - WWTF Peterbilt Crane Truck Award Attachment 1

2. Exhibit 1A - Sourcewell Peterbilt Contract Worksheet

3. Exhibit 1B - Lodi Truck and Equipment Quotation
Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst II
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING THE PURCHASE OF ONE (1) PETERBILT MODEL 537 CRANE TRUCK TO DOBBS

HEAVY DUTY HOLDINGS, LLC DBA DOBBS PETERBILT OF FEDERAL WAY, WA IN THE AMOUNT OF $300,000
WHEREAS, the City of Yuba City desires to piggyback on Sourcewell Cooperative Contract No. 060920-PMC to purchase one (1) Peterbilt Model 537 Crane Truck for the Wastewater Treatment Facility (WWTF) at a competitively bid price, as authorized in the City’s Purchasing Policies and Procedures Section 9-8; and WHEREAS, Sourcewell Cooperative awarded Contract No. 060920-PMC to Peterbilt regional dealers for Class 5-8 Chassis with Related Equipment following a nationwide competitive Request for Quotation process; and WHEREAS, City Public Works Department staff has reviewed the Peterbilt Model 537 Crane Truck and Sourcewell Cooperative pricing and determined them to be fair, reasonable, and appropriate for WWTF maintenance operations; and WHEREAS, the regional Peterbilt dealer to fulfill Sourcewell Cooperative Contract No. 060920-PMC for the City is Dobbs Heavy Duty Holdings, LLC DBA Dobbs Peterbilt of Federal Way, WA, with the body and assembly provided by Lodi Truck and Equipment of West Sacramento, CA; and
WHEREAS, the City desires to award the purchase of one (1) Peterbilt Model 537 Crane Truck to Dobbs Heavy Duty Holdings, LLC DBA Dobbs Peterbilt of Federal Way, WA in the amount of $300,000, including tax and a 10% contingency, by piggybacking on the Sourcewell Cooperative Contract No. 060920-PMC.

NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:

1. The Recitals are incorporated herein as if set forth in full.

2. The City Council finds that the Peterbilt Model 537 Crane Truck and Sourcewell Cooperative pricing are fair, reasonable, and appropriate for Wastewater Treatment Facility maintenance operations.

3. The City Council awards the purchase of one (1) Peterbilt Model 537 Crane Truck to Dobbs Heavy Duty Holdings, LLC DBA Dobbs Peterbilt of Federal Way, WA in the amount of $300,000, including tax and a 10% contingency, by piggybacking on Sourcewell Cooperative Contract No. 060920-PMC, with the finding that it is in the best interest of the City.

4. 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 18th day of April, 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit(s):

A. Sourcewell Peterbilt Contract Worksheet
B. Lodi Truck and Equipment Quotation

EXHIBIT 1A

Notes:

TOTAL PRICE FOR ALL SOURCED GOODS/SERVICES
(other than body) $0

37.00%

35.00%

35.00%

37.00%
520EV
520
389
579EV TOTAL PRICE FOR CAB & CHASSIS, BODY, AND ALL

SOURCED GOODS/SERVICES
(automatically calculated)
$272,430

34.00%
579 35.00%
567
Peterbilt Motors Company
SOURCEWELL CONTRACT #060920-PMC - CY2021-2024
$25,748
$125,708

PETERBILT MODEL

SOURCEWELL DISCOUNT

10.00%

CAB & CHASSIS PRICE

17.00%
CAB & CHASSIS LIST PRICE (do not factor in list discounts) $151,456 PETERBILT MODEL Dobbs Peterbilt
***FILL IN ALL BLUE CELLS***
SOURCEWELL DISCOUNT % MEDIUM DUTY
BODY SUPPLIER (if applicable) OEMname only (not distributor/dealer) Lodi Truck & Eq

17.00%
CLASS 8
325 17.00%
348
535
536
537
BODY PRICE (if applicable) 146722

20.00%
337 19.00%

34.00%

26.00%
548

15.00%

16.00%
365
367

31.00%
220

BODY SUPPLIER SOURCEWELL CONTRACT
NUMBER (if applicable)
INSERT CUSTOMER SOURCEWELL NUMBER BELOW - LOOK UP AT: (https://www.sourcewell-mn.gov/member-lookup) Yuba City CA
84769
Yuba City
537 CHASSIS # TBA
220EV 14.00%
330 18.00%
SOURCEWELL DISCOUNT $

EXHIBIT 1B

2/3/2023
www.lodiequipment.com Quotation: IMT 14FT FRONT RAISED - 40CFM HYDRAULIC COMPRESSOR ________________________________________________________________________________________________________________________________________________________ 916-742-3979 BYER MATHIAS 714-586-6831
[email protected]

CITY YUBA CITY
IMT Dominator III Series III Body Features – 14FT Crane Body- • 81,000 ft-lb crane body rating
• 167" long x 96" wide x 60” raised right two front – Left front raised – 52” rear and crane compartment • 50" wide cargo floor
• 22" deep compartments
• 210.7 cubic feet total compartment capacity
• Over size 30" workbench / step bumper including through compartment • 10-gauge galvanneal body structure - 1/8” deckplate steel • 14-gauge door construction with 3-point rotary T-handle latches / stainless steel hinges • Inverted A-Frame understructure with integral crane box receptacles and rear outrigger housings • Recess for pintle hitch – 30,000lb max trailer capacity including 2” receiver • Fully integrated and sealed electrical system incorporating an automotive style harness system • Power and function distribution box, multiplex wiring with programmable logic • Wiring harness is protected by an overbraid that is heat and cut resistant • Interior compartments Zolatone coated
• (6) recessed cargo tie-downs
• Gas shock door retainers
• Single 3 point access grab handle street side – Slide out entry step below • 10" fold down tailgate with single hand latch
• Back-up alarm
• Fully undercoated
• Lights, LED stop/ turn/ tail lights and incandescent backup lights • 12v master power switch mounted on dash
• Master lock single point lock each side
• Stabilizers - Hydraulic power out – power up / down
Compartment Content and Details
• Left vertical 1st compartment: HD mechanic drawer unit (1) 7” (2) 5” (5) 3” – 300lb slides – lift out design – white - shelf • Left vertical 2nd compartment: (3) adjustable / removable shelves • Left vertical 3rd compartment: HD bolt bin (18) drawer side by side bins (3) dividers per drawer – powder coated white - shelf • Left horizontal compartment: (2) adjustable / removable shelves • Left rear vertical compartment: (3) adjustable / removable shelves • Right vertical 1st compartment: (2) oxy/act rack (1) hook (1) Divider with (3) adjustable / removable shelves • Right vertical 2nd compartment: (3) adjustable / removable shelves • Right vertical 3rd compartment: (3) adjustable / removable shelves • Right horizontal compartment: (1) adjustable / removable shelf • Right rear vertical compartment: crane controls / outrigger controls IMT 12000 hydraulic crane
• 81,000 ft-lb capacity
• 12,000 lb max. capacity
• 12000lb @ 6’ 6,380lb @ 15’ 3,400lb @ 20’ 2400lb @30’1” • (2) hydraulic extensions to 30FT
• 400 degree power rotation – speed rotation is 30 seconds • Single proportional radio remote control pendent with engine start/stop including radio elimination cable • Flip sheave boom tip
• Air shift direct mount PTO
• Direct mount hydraulic pump
• 35 gallon bulkhead hydraulic reservoir
• Return line filter
• Hydraulic overload shut down system
• Anti-two-block device - Snatch block with hook
• HD Custom Cradle Style Boom support
• (2) 50W LED boom tip lights
Invertor:
• 600 watt invertor pure sine wave output - temperature controlled cooling fan • Electrical power strip with (6) 110v outlets installed next to invertor Wilton Vise:
• Wilton 1780 tradesman vise – 8 “ jaw – 3 1/2"” throat – 3 ½” max pipe jaws - 360 degree rotation • Installed CBSD outer edge of workbench
Lodi safety light package:
• Custom Alum Headache rack with alum mesh center
• Ecco 5585 LED low profile beacon w/ clear cover
• Wired to up fitter in-cab switch

2/3/2023
www.lodiequipment.com Quotation: IMT 14FT FRONT RAISED - 40CFM HYDRAULIC COMPRESSOR ________________________________________________________________________________________________________________________________________________________ 916-742-3979 BYER MATHIAS 714-586-6831
[email protected]
40 CFM hydraulic air compressor:
• 40 CFM @ 100 psi
• 125-150 psi operating pressure
• Electronic throttle control to raise engine RPM to 1,250 • 22 gallon ASME air tanks mounted under cab (note cable air drain installed below RR compartment) • Reelcraft ½” hose reel installed in curbside rear compartment with coupler above workbench • ½” Filter/Regulator/Lubricator installed in curbside rear compartment Electric reel:
• Reelcraft 120V electric reel L4545
• 35FT electric spring rewind reel installed LR at the top with fairlane above workbench Oxygen / Acetylene reel:
• Reelcraft TW745OLP
• ¼” x 50FT Oxy/Act spring rewind reel
3/8” Reelcraft air reel:
• Reelcraft TW765OLP
• 3/8” x 50FT Oxy/Act spring rewind reel
Line X cargo protector:
• Line x installed
• Cargo floor/walls – inside block storage – inside of tailgate • Work bench
Lighting and Safety Features:
• Control panel
Main control panel installed in curbside rear compartment with an additional control box in street side 1St compartment • Work Light Package
o (4) 50W LED flood lights mounted on each corner of body package • Compartment Light Package
o (10) Compartment lights all vertical compartments
• Fire Extinguisher
o ABC dry type fire extinguisher installed in cab
• DOT Safety Kit
o Triangle reflector kit and first aid kit installed in cab • Back Up Alarm
o Electric alarm 94 db at 10’
• Supply Crane Certificate & Stability Test Prior To Delivery Miller Trailblazer 325 Excell – gasoline fired welder installed (907798004) • Output range 30-325A
• Output range AC//DC Stick Tig 40-325A – FCAW/Mig 17-28V • 12V / 24V jump start – charger
• 25’ Miller jump start cables – 460lbs
•
IMT BODY PACKAGE INSTALLED PRICE.......................................................................................................... .……………….…………………….$146,722.00 Terms and Conditions:
▪ Tax and License not included unless shown
▪ FOB West Sacramento
CUSTOMER ACCEPTANCE _________________________________________________________________________

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: April 18, 2023
To: Honorable Mayor & Members of the City Council;
From: Police Department
Presentation By: Stephan Thornton, Police Lieutenant
Summary
Subject: Officer Wellness and Mental Health Grant Program Recommendation:

A. Adopt a Resolution authorizing the Chief of Police to accept the Officer Wellness and Mental Health Grant and approve expenditure recommendations
B. Authorize the Chief Financial Officer to make budget adjustments as necessary
Fiscal Impact: $41,422.88 - Officer Wellness and Mental Health Grant. There is no matching funds requirement.

Purpose:

To utilize funding in developing and expanding existing elements of the Police Department’s Wellness Program.

Council's Strategic Goal:

This item supports the City Council's Strategic Goal of Public Safety.

Background:

In 2022, the Governor of California, through the Board of State and Community Corrections, awarded law enforcement agencies a one-time grant to start and/or expand existing wellness programs within law enforcement agencies. The Yuba City Police Department was awarded $41,422.88, and the grant starts in fiscal year 2023/2024 and ends December 2025. The grant limits expenditures to a wellness program within the Police Department itself and covers the areas of physical, mental and financial wellness of department members.

Analysis:

The Police Department has started the development of a wellness program that includes the physical, mental and financial well-being of its members. To date, the department has developed a steering committee to help determine the needs of all personnel. The funding obtained in this grant will be utilized to develop programs to assist personnel in obtaining and maintaining more positive mental,

physical and financial health.

The Wellness Committee is developing exercise programs that benefit the overall health needs of department members, which include stress-related yoga and stretching programs. The committee is exploring the possibility of having a financial expert come to the police department to provide guidance and training for long-term financial stability to help reduce home stress. This funding will also help expand the current Peer Support Program and the Critical Incident Stress Debrief Team.

Fiscal Impact:
$41,422.88 Officer Wellness and Mental Health Grant. There is no matching funds requirement.

Recommendations:

A. Adopt a Resolution authorizing the Chief of Police to accept the Officer Wellness and Mental Health Grant starting in fiscal year 2023/2024 and ending in December 2025 funding and approve expenditure recommendations.

B. Authorize the Chief Financial Officer to make budget adjustments as necessary.

Attachments:

1. Wellness Grant Resolution
Prepared By: Submitted By:

Stephan Thornton
Lieutenant
Diana Langley
City Manager

RESOLUTION NO. ______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AUTHORIZING RECEIPT, ALLOCATION AND EXPENDITURE, OF THE FY 2023/2024 THROUGH DECEMBER 2025 OFFICER WELLNESS AND MENTAL HEALTH GRANT
WHEREAS, The Yuba City Police Department received a grant award of $41,422.88 from the California Board of Community Corrections.

Whereas, the goal of the grant is to establish or expand officer wellness units, establish or expand peer support units, provide funding for services provided by a licensed mental health professional, counselor or other professional that works with law enforcement, expand multiagency mutual aid programs focused on officer wellness and mental health, and other programs and services that are evidence-based or have a successful track record of enhancing officer wellness.

Whereas, the grant will expand the wellness program by helping provide mental health services, by licensed professionals, training for staff in the areas of Peer Support and Critical Stress Management and other programs consistent with enhancing officer wellness.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:

1. The Chief of Police of the City of Yuba City is authorized, on its behalf, to execute the expenditures of said grant, including any extensions or amendments thereof.

2. The City agrees that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency.

3. Grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

I hereby certify that the foregoing is a true copy of the resolution adopted by the Yuba City Council of Yuba City in a meeting thereof held on April 18, 2023, by the following vote:

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
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: April 18, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: George Barlow, Management Analyst
Summary
Subject: Community Sponsorship Request
Recommendation: Consider the sponsorship request from Shri Guru Ravidass Temple, and if approved:

Adopt a Resolution to approve a monetary sponsorship request from the Shri Guru Ravidass Temple of $2,500.00 to assist in funding the Cultural Community Parade
Fiscal Impact: Monetary sponsorship in the amount of $2,500.00 - Community Contribution Purpose:

City sponsorships reflect support of specific programs or events by an organization. The intent is that the public will receive some intrinsic cultural, economic, educational, or entertainment value from the program or event.

Council's Strategic Goal:

The overarching strategic goal of "Quality of Life."
Background:

The Shri Guru Ravidass Temple organizes the event yearly to commemorate the birth of Shri Guru Ravidass, and the Sikh culture. And while the Shri Guru Ravidass Temple parade is only in its second year, the event is among the largest in the Pacific Northwest, attendees said last year. Sikhs from across the West Coast participate, ensuring that the annual celebration does not go unnoticed with a colorful and vibrant cultural parade.

The parade began around 12:00 pm on April 9, 2023, and follows an approximate 1-mile route from the Shri Guru Ravidass Temple on Hayne Avenue to Littlejohn Road, to Countryside Drive, to Berkshire Drive, to Countryside Drive, to Littlejohn Road and then returning to the temple on Hayne Avenue.

Analysis:

The Amended Community Sponsorship Policy states, "The budget for the Community Sponsorship Program shall be established by City Council each year during the annual budget process," and

"applications will be presented to Council Quarterly on a first-come, first-serve basis." Through the FY 22/23 Budget, Council established the following.

Account Number Description Funding Budgeted Funding
Available
4220-66010 Community
Contributions
$15,000 $5,000
4220-66015 Community Events $10,000 $6,500
As noted above, the budgeted funds are to be considered and allocated quarterly, which provides $3,750 quarterly for Community Contributions and $2,500 quarterly for Community Events. To date, the Council has authorized the following:
• July - September 2022 Quarter

1. Community Contribution - Alliance for Hispanic Advancement - $3,750

2. Community Events - Yuba Sutter Arts & Culture - $2,500

3. 4th of July Fireworks Event - Council Approved During Budget Approval - $5,000 • October - December 2022 Quarter

1. Community Event - Sutter County Memorial Museum Association Trees & Traditions Fundraiser Event - $1,000

2. Community Contribution - Cotton Rosser Memorial Bronze Statue - $5,000 (Funds were designated from a different account so this contribution does not impact the amount of funds available for Community Contributions.)
• January - March 2023 Quarter

1. Community Contribution - Yuba Sutter Chamber of Commerce (Film Yuba-Sutter Film Commission) - $6,250
Alternatives:

1. Do not authorize the contribution.

2. Authorize a different contribution amount.

Recommendation:

Adopt a Resolution to approve a monetary sponsorship request from the Shri Guru Ravidass Temple of $2,500 to assist in funding the Cultural Community Parade.

Attachments:

1. RESOLUTION - Community Sponsorship Request For Shri Guru Ravidass Temple

2. Shri Guru Ravidass Temple Sponsorship Application_Redacted

Prepared By: Submitted By:

George Barlow
Analyst
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO._______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING

COMMUNITY SPONSORSHIP REQUEST FOR, SHRI GURU RAVIDASS TEMPLE WHEREAS, The Shri Guru Ravidass Temple a 501(c)(3) non-profit organization, is requesting community sponsorship funds for their second annual cultural community parade; and, WHEREAS, the City Council of the City of Yuba City (“City Council”) finds that the Shri Guru Ravidass Temple, a nonprofit organizations that serves an important public purpose to the community insofar as the public will receive cultural, and educational enrichment from their efforts; and
NOW, THEREFORE, the City Council of the City of Yuba City does hereby resolve as follows:

Section 1. That the City Council finds the above recitals true and correct.

Section 2. The City Council finds that the Shri Guru Ravidass Temple will benefit Yuba City residents. The requested sponsorship is for a qualified non-profit organization that primarily serves Yuba Sutter residents, and will contribute positively to the recognition and image of the city. Accordingly, the City Council approves the sponsorship request of $2,500 for the Shri Guru Ravidass Temple Cultural Community Parade.

Section 3. This Resolution shall take effect immediately and that the Deputy City Clerk shall certify the adoption of this Resolution.

The foregoing Resolution of the City Council of the City of Yuba City is duly introduced, PASSED AND ADOPTED at a regular meeting thereof held on this 18th day of April, 2023 by the following vote:

AYES:

NOES:

ABSENT:
____________________________
Wade Kirchner, Mayor
ATTEST:
_____________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
___________________________
Shannon L. Chaffin, City Attorney

ATTACHMENT 2

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: April 18, 2023
To: Honorable Mayor & Members of the City Council;
From: Fire Department
Presentation By: Jesse Alexander, Fire Chief
Summary
Subject: Special Event Permit Process
Recommendation: Receive a presentation regarding the proposed Special Event Permit Process and provide direction to staff to modify the process or bring it back to Council for formal adoption
Fiscal Impact: An application deposit will be required based on the anticipated number of participants of the event, and fees will be set and collected based on the size and scope of the proposed special event. Penalty fees will also be established to encourage compliance with the permit process.

Purpose:

To create a formalized permit process for special events.

Council's Strategic Goal:

Implementing a Special Event Permit process supports Council's goal of Public Safety.

Background:

The City does not have a formalized special event permitting process, though there are many special events programmed throughout the year that range in size from just a few participants to thousands of participants. Currently, event planners may contact the City about a special event, in which they may be directed to contact multiple departments for authorization, depending on the size and scope of the event. For large events, like the annual Sikh Parade, the Police Department and Fire Department take the lead roles for the City to coordinate with other agencies that have jurisdiction as well. Also, even though the event planners may have the best of intentions, there are times where things are changed last minute, or paperwork is not submitted in a timely manner to staff, which can impact the City's ability to respond to an emergency situation effectively.

Nationwide, over the last few years, there have been multiple tragic stories of incidents occurring at special events. An outcome of the tragedies has been an increased focus on best practices for planning for, managing, and responding to critical incidents. A special event permit process provides for:

• Consistency
• Clarity
• Planning
• Multi-Agency Coordination
• Establishing and Controlling Liability
Over the last few months, staff attended trainings and researched the special event permit processes for other agencies to develop a proposed Special Event Permit process for Yuba City.

Analysis:

Under the proposed Special Event Permit process, events will be broken down into three tiers based on the anticipated number of participants.

Anticipated Participants Tier
100-1,000 people Tier III Event
1,001-24,999 people Tier II Event
25,000 people or greater Tier I Event
With the tier concept, there will be different application submission dates, City review timelines, and liability insurance minimums. Also, the permit application will be broken into modules with a screening questionnaire so that applicants only need to fill out the modules that are necessary for their event.

The screening questionnaire and modules will address:
• Food & Product Concessions
• Alcohol Management Plan
• Street Closures
• Tents/Canopies/Temporary Structures
• Entertainment/Amplified Sound
• Fencing
• Marketing/Advertising/Promotion
• Stages/Platforms
• Portable Restrooms
• Safety & Security
• Site Plan
• Waste Management & Recycling
Implementation of a formal Special Event Permit Process will be a significant change in how the City has handled special events. Staff is requesting feedback from Council regarding the proposed process, so that staff can finalize the process, bring it back for formal Council adoption, and begin implementation with upcoming events such as the Downtown Business Association's Summer Stroll and the Annual Sikh Parade.

Fiscal Impact:

As part of the Special Event Permit Process, staff is requesting that Council consider adopting a fee schedule based upon the tier level of the event. The proposed fee schedule is included in Attachment

1. A deposit will be required with the submission of the application, and then dependent on the size and scope of event, additional fees will be charged to assist with cost recovery.

Alternatives:

1. Modify the proposed permit process and direct staff to bring it back to Council again for review.

2. Do not implement a Special Event Permit Process and direct staff to continue with the current practice for special events.

Recommendation:

Receive a presentation regarding the proposed Special Event Permit Process and provide direction to staff to modify the process or bring it back to Council for formal adoption.

Attachments:

1. Attachment 1 - Special Event Permit Process
Prepared By: Submitted By:

Jesse Alexander
Fire Chief
Diana Langley
City Manager

ATTACHMENT 1

City of Yuba City
Special Event Application

Table of Contents
Special Event Information…………………………………………………………………………………………….…………1‐2 Accessibility/ADA Compliance……………………………………………………………………………………………..……2 Insurance Certification Requirement………………………………………………………………………………………3‐4 Special Event Screening Questionnaire………………………………………………………………………………………5 Special Event Master Application……………………………………………………………………………………………….6 Special Event Permit Application Fee Schedule………………………………………………………………………….7 Module A: Food & Product Concessions…………………………………………………………………………………….8 Mobile Food Vendor Safety Checklist…………………………………………………….……………………….9‐11 Module B: Alcohol Management Plan………………………………………………………………………………………12 Module C: Street Closures……………………………………………………………………………………………………….13 Module D: Tents/Canopies/Temporary Structures……………………………………………………………….….14 Special Event Tent/Canopy Inspection Checklist…………………………………………………….………15‐16 Module E: Entertainment/Amplified Sound……………………………………………………………………………..17 Module F: Fencing……………………………………………………………………………………………………………………18 Module G: Marketing/Advertising/Promotion…………………………………………………………………….19‐20 Module H: Stages/Platforms…………………………………………………………………………………………………….21 Module I: Portable Restrooms………………………………………………………………………………………………….22 Module J: Safety & Security…………………………………………………………………………………………..…...23‐24 Module L: Site Plan………………………………………………………………………………………………………………….25 Module M: Waste Management & Recycling…………………………………………………………………………..26

CITY OF YUBA CITY SPECIAL EVENT INFORMATION
Large special events often require City issued permits and other requirements to ensure the safety of participants and to minimize impacts to the surrounding neighborhoods.  This application has been developed to help facilitate the planning of your special event. This application is also intended to help you understand the City’s permitting process and the deadlines for submitting required documents.

The submission of a Special Event Permit Application does not constitute approval of your special event.  The application must be submitted by the established deadlines listed below, based upon anticipated participants, prior to your event in order to have adequate time to distribute to City departments for their review and/or approval.

Anticipated Participants                           Tier                                                   Application Submission 100‐1,000 people                                  Tier III Event                            No less than 60 days prior to the event 1,001‐24,999 people                             Tier II Event                            No less than 90 days prior to the event 25,000 people or greater                     Tier I Event                              No less than 120 days prior to the event

Special Event Permit Applications that are conditionally approved will provide the applicant with specific information on any applicable fees for required services and/or any additional conditions of use.

Payment of fees for any additional services required by the City must be made before the City will issue a Special Event Permit.  The applicant shall ensure the Permit is available on‐site throughout the duration of the entire event.

Payment of the Special Event deposit and application fee is due when the application is initially submitted.  The City will review your application and either approve, conditionally approve, or deny the application:
 within 30 days of receipt of a Tier III event
 within 45 days of receipt of a Tier II event
 within 60 days of receipt of a Tier I event

Uses that require equipment set‐up in a park, beyond a typical picnic reservation or bounce house use, require a Special Event Permit, or uses that meet the following criteria:

Area Type  Criteria
Facilities/Buildings  100 or more people participating in an organized gathering that is open to the public and/or a community‐wide philanthropic event.

Public Roadway  100 or more people participating in an event that requires the closure of a public roadway.

Community Parks  100 or more people participating in an organized gathering that is not as part of a reservable area such as a picnic or athletic field use.

The City may cancel the event(s) described herein if in the City’s sole discretion, circumstances beyond its control including but not limited to acts of state and/or federal government, earthquakes, epidemics, pandemics, fires, floods, unusual weather conditions, incidents that result in a fatality, Mass Casualty Incident (MCI), public safety power shutoffs (PSPS) or riots that necessitate such a cancellation. The City shall provide notice of cancellation under this provision as soon as is practicable and will provide a refund of any costs, if applicable. The City will cancel your permit if any of the following occurs:
• The application is found to contain false or misleading information. • The proposed use would be detrimental to the health, safety, general welfare, or efficient operation of the City facility.
• Should any individual, group, member, or guest willfully or through gross negligence, mistreat the staff, equipment, facility, or violate any federal, state, or local law, ordinance, or resolution. • Failure to make rental payment or obtain permits or insurance by required due dates. • If applicant defaults on or has not completed all conditions and requirements for use of the facility or roadway closure.
• Insufficient notice:  Staff not able to be scheduled, park area not able to be prepared, or other conditions cannot be completed in the time between the date of request and the date of proposed event.

ACCESSIBILITY / ADA COMPLIANCE
Even organizers are required to comply with all Federal, State, County, and City accessibility laws (ADA).

All event venues, structures and activities shall be accessible to persons with disabilities.  If a portion of your event cannot be made accessible, an alternate area must be provided with the same activities that are in an accessible area.  This area must include signage indicating that it is an ADA accessible area.

You need to consider access to the following as you plan your event:
• First Aid
• Information Center
• Parking
• Paths of Travel (to and from and inside event)
• Restrooms (see “Restrooms” for requirements)
• Seating
• Signage
• Drinking Fountains
• Telephones
• Transportation
• Access to vendors (food/beverage/merchandise and information) If all areas are not accessible, directional signage or a map or program must be provided to attendees indicating the location of accessible restrooms, parking, drinking fountains, phones, etc.

Compliance with all Federal, State, County, and City accessibility laws shall be the sole responsibility of the applicant.

For more information about the Americans with Disabilities Act and compliance at events please visit www.ada.gov.

INSURANCE CERTIFICATION REQUIREMENT
As a condition of use your organization must provide, at your sole expense, proof of insurance coverage including the required Additional Endorsement within 30 days prior to the start of your event/program.

Insurance coverage and the Additional Endorsement shall be subject to approval by the City of Yuba City as to form and as to insurance company.

Proof of insurance comprised of certificates of insurance and original endorsements of comprehensive general liability insurance written by one or more responsible insurance companies licensed to do business in California must include:

1.Name the City of Yuba City, its officials, officers, directors, employees, agents and volunteers as additional insured against liability for injury to persons, damage to property and for the death of a person or persons arising or resulting from any act or omission on the part of your organization, its agents or employees.

2.Include liability coverage for claims made by participants of your event/program. You are advised that any and all exclusions pertaining to athletic or recreational events/programs must be disclosed in the endorsement and failure to do so will not necessarily insulate your organization from individual liability for claims made as a result of the use of the facilities and your event/program.

3.Be PRIMARY insurance with respect to the additional insured named above. Any other insurance available to the City of Yuba City, its officials, officers, directors, employees, agents and volunteers shall be excess and noncontributing.

4. Tier III Event:

The comprehensive general liability insurance policy limits of such insurance shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage.  All events/rentals that include the consumption of alcohol must include Liquor Liability coverage with the minimum $1,000,000 per occurrence.   Any deductible or self‐insured retentions must be identified and approved by the City. In the event the deductible is deemed to be too great, the City may require you to have your insurer eliminate the deductible or reduce it.

Tier II Event:

The comprehensive general liability insurance policy limits of such insurance shall not be less than $4,000,000 per occurrence for bodily injury, personal injury and property damage.  All events/rentals that include the consumption of alcohol must include Liquor Liability coverage with the minimum $4,000,000 per occurrence.   Any deductible or self‐insured retentions must be identified and approved by the City. In the event the deductible is deemed to be too great, the City may require you to have your insurer eliminate the deductible or reduce it.

Tier I Event:

The comprehensive general liability insurance policy limits of such insurance shall not be less than $6,000,000 per occurrence for bodily injury, personal injury and property damage.  All events/rentals that include the consumption of alcohol must include Liquor Liability coverage with the minimum $6,000,000 per occurrence.   Any deductible or self‐insured retentions must be identified and approved by the City. In the event the deductible is deemed to be too great, the City may require you to have your insurer eliminate the deductible or reduce it.

5.Fireworks vendors must carry a minimum of $5,000,000 in general liability coverage and name the City of Yuba City, its officials, officers, directors, employees, agents and volunteers as additional insured against liability for injury to persons, damage to property and for the death of a person or persons arising or resulting from any act or omission on the part of your organization, its agents or employees.

6.You must satisfy these requirements by furnishing the City with certificates of insurance and original endorsements affecting the required coverage. The certificates and endorsements are to be on ISO‐approved forms. The City will not accept a Certificate of Insurance alone as proof of insurance coverage. The original endorsement must specifically list the following:
"The City of Yuba City, its officials, officers, directors, employees, agents, and volunteers are additionally insured against liability for injury to persons, damage to property and for the death of a person or persons arising or resulting from any act or omission on the part of your organization, its agents or employees.  This insurance is primary with respect to the additional insured. Any other insurance available to the City of Yuba City, its officials, officers, directors, employees, agents, and volunteers shall be excess and noncontributing." You are strongly urged to show this Notice of Conditions (including the precise wording of these requirements) to your insurance agent or broker to assist you, your agent, and the City process the proper documents in a timelier manner.

If you are not able to obtain this insurance on your own you may be able to purchase insurance through the City’s insurance carrier.   Please ask your city staff point‐of‐contact to request a quote.

Your signature below indicates your receipt and understanding of each of the conditions listed above:

Printed Name of Authorized Representative:                     ________________ Title (if applicable):

Signature of Authorized Representative:                                                                      Date:

Name of Group/Organization (if applicable):

S P E C I A L E V E N T P E R M I T A P P L I C A T I O N

E V E N T S C R E E N I N G Q U E S T I O N N A I R E
The following questions will determine the correct application supplements that will be required for your event to be fully permitted. Any permit or license may be revoked if there has been misrepresentation in the permit application. If you answer "yes" to any questions next to a supplement, that supplement must be submitted with this application.

Sales
Does your event include any vendors? Yes No Module A
Will any alcohol be sold at your event?
Streets/Traffic
Yes No Module B
Will your event require the closure of a street?
Will your event delay or alter the movement of traffic on any street, highway, sidewalk, public parking lot, or alley?
Yes No Module C
Yes No Module C
Tents
Will your event include tents or canopies? Yes No Module D Amplified Sound
Will your event include amplified sound? Yes No Module E Fencing
Will your event include the installation of fencing? Yes No Module F Marketing
Will you market, advertise, or promote your event? Yes No Module G Will affected residents need to be notified? Yes No Module G Stages
Will your event include the installation of stages or platforms? Yes No Module H Portable Restrooms
Will your event have over 250 people? Yes No Module I
Safety/Security
Do you anticipate having the need for event security to assist you with crowd control and/or traffic control (dependent upon crowd and traffic control)? Site Plan
All events are required to have a complete site plan submitted with application.

Yes No Module J
Module K
Waste Management
All events are required to have a waste management plan. Module L

S P E C I A L E V E N T P E R M I T A P P L I C A T I O N

M A S T E R A P P L I C A T I O N
Event Information
Event Name ______________________________________________________________________________________ Event Location
Number of Expected Attendees
Event Set Up Date Event Set Up Time AM PM
Event Start Date Time AM AM
PM Event End Date Time PM
Event Break Down Date Event Break Down Time AM PM
Event Description Provide a narrative description of the full scope of your event with as much detail as possible in the box below.

Applicant Information
Name_____________________________________________ Phone Number Company or Organization Name (if applicable)
Mailing Address______________________________________________________________________________________ City State Zip Code Email
Primary Contact Information Same as Applicant
Name _____________________________________________ Phone Number Mailing Address______________________________________________________________________________________ City State Zip Code Email
Location Owner Information Same as Applicant
Name _______________________________________________ Phone Number Mailing Address______________________________________________________________________________________ City State Zip Code Email
Acknowledgements
I certify that the above information is true and correct to the best of my knowledge. I understand that the City of Yuba City is authorized to suspend or revoke a permit or license issued under the provisions of its Municipal Code wherever a permit or license is issued in error or on the basis of incorrect, inaccurate or any false statement or misrepresentation, or in violation of any ordinance or regulation or any of the provisions of the City of Yuba City Municipal Code. The applicant agrees to defend and hold harmless the City from any expense or liability arising from the applicant’s non-compliance.

Applicant Signature_________________________________________________ Date___________________________

City of Yuba City
Special Event Permit Application Fee Schedule
Fee Type  Tier III  Tier II  Tier I
Application Deposit  $200  $600  $1,000
Late Processing Fee  $50  $150  $250
Cancellation Within 3
Days
No Refund  No Refund  No Refund
Cancellation Within 4
to 10 Days
Full Refund  No Refund  No Refund
Cancellation Within 11
to 60 Days
Full Refund  Full Refund  No Refund
YCPD Fees –
Personnel/Equipment
Actual Costs  Actual Costs  Actual Costs
YCFD Fees –
Personnel/Equipment
Actual Costs per
OES Rates
Actual Costs per
OES Rates
Actual Costs per
OES Rates
Fire Prevention –
Fireworks Permit
$465  $465  $465
Fire Prevention – Tent
Permit
$200/tent site  $200/tent site  $200/tent site
Fire Prevention –
Inspection
$0/Hour  $100/Hour, three‐hour
minimum per inspector
$100/Hour, three‐hour
minimum per inspector
Fire Prevention‐
Carnival Permit
$380  $380  $380
Special Event Fee  $87  $87  $87

MODULE A: FOOD & PRODUCT CONCESSIONS (VENDORS)
A “vendor” is defined as an organization or business that sells or advertises products/or services to event attendees.

Generally, there are three (3) categories of vendors: 1) food/ beverage, 2) merchandise and 3) information.  A City of Yuba City business license is required for vendors who wish to sell, expose for sale, or offer for sale any food/beverage or merchandise in the City of Yuba City.  You should require each vendor to provide you, the event organizer, with a copy of their City of Yuba City Business License and general liability insurance.

Attached is the Mobile Food Vendor Checklist. Please review the checklist for any applicable items that apply to your event.

Have you reviewed the Mobile Food Vendor Checklist?     Yes     No Does your event include food vendors?             Yes     No       How many? __________ A Sutter County Health permit may be required from the Sutter County Health Department. Please contact the Sutter County Health Department at (530) 822‐7215 for more information What method(s) will be used? (check all that apply)    Gas     Electric     Charcoal     Other What is your plan for disposing of grease, charcoal and/ or waste water?

Does your event include merchandise vendors?      Yes      No            How many? ______________ Contact the State Board of Equalization at (916) 445‐2918 to determine the requirements necessary as the Event sponsor.

Vendors who plan on selling products and/or services may be required to have a valid California seller’s permit, and as the event sponsor, you may be required to maintain a record of each vendor’s permit number.   More detailed information on Special Event seller’s permit requirements may be found online at the State of California Board of Equalization’s web site:  www.boe.ca.gov
Does your event include information vendors?      Yes      No             How many? _____________ Will any items or services sold at your event present any unique liability issues? (massage, pony rides, tattooing/piercing, etc.)             Yes     No                  If yes, explain:

A complete listing of all vendors may be required prior to the event date.  The listing must include the vendor(s) business name, address, city, state, zip code, telephone number, business license number California seller’s permit number.

9 FIRE DEPARTMENT
(530) 822‐4714   |   824 CLARK AVENUE, YUBA CITY, CALIFORNIA 95991   |   WWW.YUBACITY.NET Mobile Food Vendor Safety Checklist
Below are guidelines to be used for the Yuba City Fire Department (YCFD) portion of the Mobile Food Vending Unit safety inspections. This list does not cover every possible item that will be inspected, nor does meeting all the guidelines listed below guarantee that a unit will pass inspection.

The YCFD inspection is an operational safety inspection only of the MFVU on the date that it is inspected. It is not an approval of the MFVU’s design, construction, road worthiness or an indication of the long term safety of its combined elements.

YCFD reserves the right to modify these guidelines as needed.

NFPA code references are provided at the end of each item. The red keys correspond to the NFPA food truck safety diagram. For more detailed information, see NFPA 1 and Chapter 17 in NFPA 96.

Mobile Food Vendor Safety Checklist (continued)
10 General Safety Checklist
 Obtain license or permit from the local authorities. (G1)  Ensure there is no public seating within the mobile food truck. (G2)  Check that there is a clearance of at least 10 ft away from buildings, structures, vehicles, and any combustible materials. [96:17.2] (G3)
 Verify fire department vehicular access is provided for fire lanes and access roads. (G4)  Ensure clearance is provided for the fire department to access fire hydrants and access fire department connections. (G5)
 Check that appliances using combustible media are protected by an approved fire extinguishing system. [96:10.1.2] (G6)
 Verify portable fire extinguishers have been selected and installed in kitchen cooking areas in accordance with NFPA 10. [96:10.9] (G7)
 Where cooking appliances that use solid fuel, such as charcoal or wood, produce grease‐laden vapors, make sure the appliances are protected by listed fire‐extinguishing equipment. [96:15.7.1] (G7b)
 Ensure that workers are trained in the following: [96:17.10] (G8)  Proper use of portable fire extinguishers and extinguishing systems [96:17.10.1(1)] (G8a)  Proper method of shutting off fuel sources [96:17.10.1(2)] (G8b)  Proper procedure for notifying the local fire department [96:17.10.1(1)] (G8c)  Proper procedure for how to perform simple leak test on gas connections [96:17.10.1(5)] (G8d) Fuel & Power Sources Checklist
 Ensure that all electrical appliances, fixtures, equipment, and wiring complies with the NFPA 70®. [96:17.8.1] (F5)
 Ensure that refueling is conducted only during non‐operating hours. [96:B.18.3] (F1b)  Check that any engine‐driven source of power is separated from the public by barriers, such as physical guards, fencing, or enclosures. [96:B.16.2.2] (F2)  Ensure that any engine‐driven source of power is shut down prior to refueling from a portable container. (F3)
 Check that surfaces of engine‐driven source of power are cool to the touch prior to refueling from a portable container. (F3a)
 Verify that fuel tanks are filled to the capacity needed for uninterrupted operation during normal operating hours. (F1a)
 Make sure that exhaust from engine‐driven source of power complies with the following: (F4)  At least 12 ft in all directions from openings and air intakes [96:17.5.2.3(1)] (F4a)  At least 12 ft from every means of egress [96:B.13] (F4b)  Directed away from all buildings [96:17.5.2.3(2)] (F4c)  Directed away from all other cooking vehicles and operations [96:17.5.2.3(3)] (F4d)

Mobile Food Vendor Safety Checklist (continued)
11 Propane System Integrity Checklist
 Check that the main shutoff valve on all gas containers is readily accessible. [58:6.26.4.1(3)] (P1)  Ensure that portable gas containers are in the upright position and secured to prevent tipping over. [58:6.26.3.4] (P2)
 Inspect gas systems prior to each use. [96:17.7.2.3] (P3)  Perform leak testing on all new gas connections of the gas system. [58:6.16; 58:6.17] (P4)  Perform leak testing on all gas connections affected by replacement of an exchangeable container. [58:6.16; 58:6.17] (P5)
 Document leak testing and make documentation available for review by the authorized official. [58:6.26.5.1(M)] (P6)
 Ensure that on gas system piping, a flexible connector is installed between the regulator outlet and the fixed piping system. [58:6.26.5.1(B)] (P7)
 Where a gas detection system is installed, ensure that it is tested monthly. [96:17.7.2.2] (P8) Operational Safety Checklist
 Do not leave cooking equipment unattended while it is still hot. (This is the leading cause of home structure fires and home fire injuries.) (OA)
 Operate cooking equipment only when all windows, service hatches, and ventilation sources are fully opened. [96:12.1.1] (OB)
 Close gas supply piping valves and gas container valves when equipment is not in use. [58:6.26.8.3] (OC)
 Keep cooking equipment, including the cooking ventilation system, clean by regularly removing grease. [96:12.4] (OD)
Solid Fuel Checklist(Where Wood, Charcoal, or Other Solid Fuel Is Used)  Fuel is not stored above any heat‐producing appliance or vent. [96:15.9.2.2] (SA)  Fuel is not stored closer than 3 ft to any cooking appliance. [96:15.9.2.2] (SB)  Fuel is not stored near any combustible flammable liquids, ignition sources, chemicals, and food supplies and packaged goods. [96:15.9.2.7] (SC)
 Fuel is not stored in the path of the ash removal or near removed ashes. [96:15.9.2.4] (SD)  Ash, cinders, and other fire debris should be removed from the firebox at regular intervals and at least once a day. [96:15.9.3.6.1] (SE)
 Removed ashes, cinders, and otherremoved fire debris should be placed in a closed, metal container. [96:15.9.3.8.1] (SF)

MODULE B: ALCOHOL MANAGEMENT PLAN
If you are interested in serving or selling alcohol at your event you will need to obtain the appropriate licenses from the Yuba City Police Department and the California Department of Alcoholic Beverage Control (ABC) and abide by the following rules:
• All alcohol must be sold and consumed within a fenced venue (ABC license type will dictate the size and type of fencing).
• If the alcohol area is accessible to all ages, anyone wishing to purchase or consume alcohol must present a current ID, and if attendees are 21 years of age or older, they must be issued a non‐ transferable wristband.
• All attendees must present their wristband to be served or consume alcohol. • Servers must be 21 years of age or older.
• Servers may not consume alcoholic beverages while serving. • Attendees may be served no more than two (2) standard drinks at a time.  The City defines one (1) standard drink size as:
o 12 oz beer, 5 oz wine, and/or 1 oz distilled spirit/hard alcohol in a mixed drink • Shots are not permitted.
• Alcohol cups must be marked paper or plastic and be distinguishable from soda cups. • Service must end a minimum of 30 minutes before the scheduled event end time. • Non‐alcoholic beverages, water, and food must be available at the event.

A copy of your license/permit is required at the time of your Special Event Application.

MODULE C: STREET CLOSURES
Street closures requests must be approved if the applicant will be closing or blocking any street, delaying or altering the movement of any traffic  (including pedestrian) on any street, highway, sidewalk, public parking lot or structure or alley.

Applicants are responsible for providing and properly placing the necessary traffic control equipment such as  barriers,  barricades,  cones,  delineators,  and  advisory/detour  signage.  All  traffic  control  equipment must be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) where applicable.

List street(s) requested below:

Street  Begin  End  Closure Date(s)

Will you require the Public Works Department to drop off traffic control devices?  Yes   No Will you require the Public Works Department to deploy traffic control devices?  Yes   No Will you require the Police Department to assist in traffic to facilitate street closures?  Yes   No Will you require the Police Department to maintain or staff traffic control points?  Yes   No If yes to any of the questions above, City services will need to be contracted for in advance of the event and the applicant will be contacted with additional information to initiate the process.

MODULE D: TENTS / CANOPIES / TEMPORARY STRUCTURES
Tents larger than 200 square feet and canopies that are larger than 400 square feet must be inspected by the Yuba Fire Department, (530) 822‐4689.  The City does not permit the use of any type of stakes or in‐ground securement for tents, canopies, or temporary structures. The following California State Fire Code regulations apply to tents/canopies of this size:

Location:
• Must be placed at least 20 feet from any property line, building or other tent/canopy/ temporary structure.
• A fire access roadway, at least 20 feet wide must be posted on the premises. • All vehicles with an internal combustion engine must be at least 30 feet from any tent/ canopy/ temporary structure.

Tent/Canopy Material:
• All tent materials must be either fire retardant or made to be fire retardant in a Fire Department approved manor.
• Proof that materials are fire retardant must be posted on the premises. • All weeds, vegetation and combustible waste must be removed from the area occupied by the tent/ temporary structure, as well as from a 30 feet area surrounding the tent/ canopy/ temporary structure.

Seating:
• Chair rows must be no longer than 15 seats and have 18 inches of clearance front to back.
• Aisles must be at least 44 inches wide.

Exits:
• Exits must be evenly spaced at lease every 100 feet around the perimeter. • Exit signs must be hung when the occupancy exceeds 50 attendees.

Will your event include tents or canopies?     Yes    No If yes, a Yuba City Special Event Tent/Canopy Inspection Checklist will need to be completed.

If yes, indicate on the site map and explain:

Number of tents/canopies: ____________           Tent/canopy size(s) ________________ If you have multiple tents/canopies with varying sizes, indicate the number with the corresponding size:

Please review the attached checklist for any applicable items that apply to your event.Have you reviewed the Special Event Tent/Canopy Checklist?      Yes    No

Revised 10/12/22 JH P2 Page 15

FIRE DEPARTMENT
(530) 822-4714 | 824 CLARK AVENUE, YUBA CITY, CALIFORNIA 95991 WWW.YUBACITY.NET

SPECIAL EVENT TENT/CANOPY INSPECTION CHECKLIST
Below are guidelines to be used for the Yuba City Fire Department (YCFD) portion of the Special Events safety inspections. This list does not cover every possible item that will be inspected, nor does meeting all the guidelines listed below guarantee that a unit will pass inspection.

SITE PLAN DIAGRAM & DETAILS
☐ Provide a detailed scale drawing of tent dimensions, location of tent(s), egress, interior layout of tables & chairs, size of exits, location of fire extinguishers, proposed occupant load, and distances from structures & traffic. (2019 CFC 3103.6)
☐ A permit shall be required when the membrane structure has an area in excess of 400 sq. ft (2019 CFC 3103.2)
☐ For uses where several smaller tents (10 ft. X 10 ft.) are used and these are located directly adjacent to one another, a permit may be required subject to the review of the Fire Marshal. In no case shall more than seven 10 ft. X 10 ft. tents be located adjacent to each other. (2019 CFC 3103.2)

TENT/CANOPIES REQUIREMENTS
☐ Fire apparatus access roads shall be provided. (2019 CFC 3103.8.1) ☐ Fire lanes and fire hydrants shall remain unobstructed at all times. ☐ The structure shall not be located within a fire lane or public street, unless approved during the permitting process.
☐ A minimum of 20 ft. clear width shall be provided around the tent, and shall be no closer than 20 ft. to lot-lines, buildings, other temporary structures, or vehicles. Support ropes and guy wires are not included. (2019 CFC 3103.8.2)
☐ Hay, straw, shavings or similar combustible materials shall not be located within any tent or airsupported structure. (2019 CFC 3107.2) ☐ A minimum of one 2A-10BC fire extinguisher shall be provided every 150 feet (maximum travel distance to fire extinguishers is 75 feet). (2019 CFC 3107.9) ☐ A minimum of a 12 foot “fire break” shall be provided around the exterior of the tent/membrane structure that is free of guy ropes or other obstructions. (2019 CFC 3103.8.6) ☐ All vehicle parking and other internal combustion engines shall be at least twenty feet (20’) from any tent/canopy. (Title 19, Division 1, Sec. 312)

Revised 10/12/22 JH P2 Page 16

SAFETY AND STABILITY FOR ALL TENTS
☐ All tents must meet approved flame propagation test method NFPA 701 (CPAI 84 alone does not meet the standard). (2019 CFC 3104.2)
☐ Gates & barriers shall not obstruct exits from tent. (2019 CFC 3103.12) ☐ No smoking allowed under the tent. (2019 CFC 3107.3)
☐ Tent legs must be secured per manufactures recommendation. ☐ Fireworks, open flames and devices capable of igniting combustible materials shall not be used in or adjacent to a temporary membrane structure, tent or canopy, unless otherwise approved. (2019 CFC 3107.4)
☐ Generators and other internal combustion power sources shall be separated from temporary membrane structures, tents and canopies by a minimum of 20 feet and be isolated from contact with the public by fencing, enclosure or other approved means. (2019 CFC 3107.16) ☐ Refueling shall be performed in an approved location not less than 20 feet from temporary membrane structures, tents and canopies. (2019 CFC 3107.14.3)

COOKING TENTS
☐ Tents where cooking is performed shall be separated from other tents, canopies or membrane structures by a minimum of 20 ft. (3107.12.5)
☐ Outdoor cooking that produces sparks or grease-laden vapors shall not be performed within 20 ft. of a tent, canopy or membrane structure. (2019 CFC 3107.12.6) ☐ LP-gas containers (Propane) shall not be located within the tent and shall be a minimum of 10 ft. from all tents, canopies or membrane structures. (2019 CFC 3107.13.2) ☐ Warming of foods and similar operations using solid flammables or other similar devices that do not pose a fire hazard, shall be permitted. (2019 CFC 3107.12.4) ☐ Flammable or combustible liquids shall not be located within a tent, canopy or membrane structure, and shall be located a minimum of 50 ft. away. (2019 CFC 3107.14.2) ☐ Cooking and heating equipment shall not be located within 10 ft. of an exit. (2019 CFC 3107.12.3) ☐ Electrical cooking and heating equipment shall comply with the California Electrical Code & NFPA 70.

OPEN FLAME HEATING NOT ALLOWED
☐ Portable outdoor fuel-fired appliances are prohibited inside tents/canopies. (2019 CFC 3107.14.1) ☐ Open flame devices emitting flame, fire, or heat (e.g. candles, propane heater, kerosene heaters, fire pits, cooking devices etc.) are not allowed inside or within 20 ft of tents/canopies. (2019 CFC 3107.12)

ELECTIRICAL
☐ All cords must be plugged directly into an approved receptacle and shall only serve one (1) appliance unless approved by the Fire Code Official. Extension cords must be of the grounded type when serving grounded appliances or fixtures. (2019 CFC 604.5) ☐ Extension cords must be located in a manner so as not to create a safety hazard by people walking and tripping on the cord.

MODULE E: ENTERTAINMENT / AMPLIFIED SOUND
Will your event include amplified sound?                           Yes      No What times are you requesting amplified sound?  Start time: ________    Finish time: ________ Will sound checks be conducted prior to the start time?    Yes    No    If yes, what time: _________

Describe the sound equipment that will be used at your event:

Are there any musical entertainment features related to your event?               Yes     No If yes, please attach a performance schedule including performers/ bands/ DJ’s, types of music and performance schedule.

Does the entertainment include inflatables?                       Yes    No If yes, explain:

Does the entertainment include carnival rides or live animals?              Yes    No If yes, explain:

Have the carnival rides had their state required inspection?                         Yes    No Does the entertainment include vehicles?                        Yes    No If yes, explain:

MODULE F: FENCING
Fenced area refers to any event or area within the event that is closed off by temporary fencing.  The Yuba City Fire Department will review your site map and set an occupancy load for the fenced area.

When developing your fence plan, please keep in mind the following rules:

• The City does not permit the use of stakes of any type or other in‐ground securement for fencing.
• The minimum number of emergency exits shall be determined by the occupant load; less than 500, two exits required; 501‐1000, three exits required; more than 1000, four exits required. These can include the main entrance.
• Exits shall be equally spaced along the perimeter of the fence and shall be spaced so that no exit is greater than a distance of 400 feet of travel from the next exit.  Maximum travel distance to any exit is 200 feet.
• Exit widths shall be understood to be a panel’s width of temporary fencing, to provide an opening of no less than 48 inches.
• Each exit shall have a security guard or volunteer assigned to it. • Each emergency exit shall be indicated by a sign with a white background and contrasting red letters; sign shall measure 18x24 inches, sign lettering shall measure 12 inches in height; and signs shall be placed at the top center of the exit panel. • In some cases, a Fire Department inspection may be required to set the occupancy load and check access and exits.  For questions about fencing or to make arrangements for an inspection, please Yuba City Fire Department at (530) 822‐4689.

Will your event include the installation of fencing?    Yes   No If yes, indicate on the site map and explain:

MODULE G: MARKETING / ADVERTISING / PROMOTION
Please ensure that you have conditional approval before you begin to market, advertise or promote your event.

Acceptance of the Special Event Permit Application is not a guarantee of the date, location, or automatic approval of your event.  Once you have conditional approval you may proceed to market, advertise or promote your event at your own risk.  However, if the permit is not granted and the event is therefore canceled you may not hold the City of Yuba City responsible or liable for any costs incurred from your marketing, advertising, or promotions.

Describe how you will market, advertise or promote this event or invite attendees to the event (include event website and social networking sites if applicable; attach additional pages as needed):

Do you plan to advertise and promote your event beyond Sutter and Yuba Counties?       Yes     No If yes, explain:

Do you plan to include radio or television promotions?       Yes     No If yes, explain:

Do you expect a live broadcast or feed from the event?      Yes     No If yes, explain:

Do you expect media coverage?      Yes     No
If yes, explain:

How do you plan to notify affected residents?
Do you plan on using signs, banners, and/or searchlights as a source of advertisement? (See Municipal Code Section 40.26.020 for specific information on searchlights)      Yes    No   If yes, explain:

Note: Temporary off‐site signs such as banners, A‐frames, or other signage within the public right of way are not permitted.

MODULE H: STAGES / PLATFORMS
Any temporary stage/platform set up shall not interfere with egress from a building or encroach on fire apparatus access roads. Portable fire extinguishers shall be provided.

Will your event include the installation of stages or platforms?     Yes    No If yes, indicate on the site map.

How many stages? ________________   What are the dimensions? _____________________________

If you are installing stages or platforms, you are required to submit the required construction documents per 2022 CA Fire Code Section 3105.5 below:

1. Construction documents: Construction documents shall be prepared by a registered design professional in  accordance  with  the California  Building  Code and ANSI  E1.21 where  applicable.  Construction documents shall include:

1.1. A summary sheet showing the building code used, design criteria, loads and support reactions.

1.2. Detailed construction and installation drawings.

1.3. Design calculations.

1.4. Operating limits of the structure explicitly outlined by the registered design professional including environmental conditions and physical forces.

1.5. Effects of additive elements such as video walls, supported scenery, audio equipment, vertical and horizontal coverings.

1.6. Means for adequate stability including specific requirements for guying and cross‐bracing, ground anchors or ballast for different ground conditions.

2. Designation of responsible party: The owner of the temporary special event structure shall designate in writing  a  person  to  have  responsibility  for  the  temporary  special  event  structure  on  the  site.  The designated  person  shall  have  sufficient  knowledge  of  the  construction  documents,  manufacturer’s recommendations  and  operations  plan  to  make  judgments  regarding  the  structure’s  safety  and  to coordinate with the fire code official.

3. Operations plan: The operations plan shall reflect manufacturer’s operational guidelines, procedures for environmental  monitoring  and  actions  to  be  taken  under  specified  conditions  consistent  with  the construction documents.

You will also be required to submit an independent agency report indicating that the temporary special event structure was inspected and was installed in accordance with the approved construction documents.

MODULE I: PORTABLE RESTROOMS
To ensure there are adequate restroom facilities for your event participants/attendees, 2 portable toilets are required for every 250 people attending your event.  This requirement may be modified at the sole discretion of the Parks staff if there are adjacent restroom facilities to the rented area that are adequate to serve the rented area.

Number of expected participants / attendees:

Note:   If only 2 portable toilets are required, 1 must be fully ADA accessible.  Otherwise, a minimum of 10% of the total number of portable restrooms provided must be fully ADA accessible.

Setup Date: ________________   Time: __________________  Pickup Date: ____________   Time:
______________

Portable Toilet Company Name:  _______________________    Contact Information:
__________________________

MODULE J: SAFETY & SECURITY
You may be required to hire City of Yuba City Police Department officers, City of Yuba City Fire Department staff, a professional security company, professional emergency medical staff, or a combination to obtain your Special Event Permit.  The number and type of security personnel and/or safety personnel required will depend on expected attendance, location of the event, presence of alcohol, history of the event, nature of the event, street closures and the amount and type of advertising used to promote your event.

Do you anticipate having the need for event security to assist you with crowd control and/or traffic control?
Yes   No   If no, explain why you do not feel the need for security? If yes, what form of security will you be using? (check all that apply) City of Yuba City Police Officers
Licensed professional security company   Other: __________________________ If using a licensed professional security company, please complete the following:

Name of Company:
________________________________________________________________________________ Address:
____________________________________________________________________________________ City: ______________________________________  State: ______________  Zip: ___________ Daytime Telephone: ________ ________________  Evening: ___________________________________ Fax: _____________________________________  Cell: ______________________________________ Private  Patrol  Operators  License  Number:
_______________________________________________________________ Yuba  City  Business  License  Number:
_________________________________________________________________ License to carry firearms:      Yes   No
Do you anticipate having the need for event Fire Department or EMS services? Yes   No   If no, explain why you do not feel the need for Fire/EMS services?

If yes, what form of Fire/EMS service will you be using? (check all that apply) City of Yuba City Fire Department
Licensed professional EMS company   Other: __________________________ If using a licensed professional EMS company, please complete the following:

Name of Company:
________________________________________________________________________________ Address:
_____________________________________________________________________________________ City: ______________________________________  State: ______________  Zip: __________________ Daytime Telephone: ________ ________________  Evening: __________________________________ Fax: _____________________________________  Cell: _______________________________________ Private  Operators  License  Number:
_______________________________________________________________ Have you made provisions for on‐site medical services?                    Yes    No

If yes, please describe your medical plan:

MODULE L: SITE PLAN
A scaled and complete site plan is required to be submitted with your application. Your site plan must include the following:
☐   An outline of the entire event venue including the names of all streets or areas that are part of the venue.
☐   Location of existing structures with the event site.  ☐ N/A Location of all temporary structures (stages, bleachers, grandstands, other seating areas, tents, portable restrooms, booths, trash containers, dumpsters, etc.).  ☐ N/A ☐   Location of proposed street closures, and any temporary fencing, barriers, or barricades.  ☐ N/A ☐   Location of City owned and private parking lots that will be utilized. ☐ N/A ☐   Location of cooking and food service areas; alcohol service areas; and any other vendor areas. ☐ N/A
☐   Location of vendors/information booth(s)/entertainment.  ☐ N/A ☐   Location of generators and/or source of electricity.  ☐ N/A ☐   Location of existing and portable restrooms.  ☐ N/A ☐   Placement of vehicles and trailers. ☐ N/A
☐   Entrance/exit locations for outdoor events that are fenced, and entrance/exit locations within tents or temporary structures.  ☐ N/A
☐   Identification of all event components that meet Americans with Disabilities Act accessibility requirements (including, but not limited to accessible parking, passenger loading/unloading areas, restrooms, seating, and path of travel) if your event is open to the public.  ☐ N/A ☐   A route map for parades or other moving components to the event.   ☐ N/A ☐   Location of Staff/Information booths/office, first aid stations, lost and found stations, etc.  ☐ N/A

Will your event include a parade or other moving components?  Yes   No If yes, a route map is required to be submitted.

Applicants will be responsible for complying with the following when marking routes:
 No permanent route markings may be used.
 When using chalk, only white chalk may be used.
 All route markings must be removed on the day of the event.  White chalk markings on any surfaces must be washed/brushed off on the day of the event.  Route markings should be placed in a manner not to block the view of traffic.  A cleaning fee will be assessed after the event for non‐removal of chalk markings the day of event or markings not authorized for use.

MODULE M: WASTE MANAGEMENT & RECYCLING
You are responsible for properly managing all trash, recycling and organic waste throughout the term of your event.

Immediately upon conclusion of the event the area must be returned to a clean condition and all waste produced from your event must be removed. State and local law requires all waste to be properly sorted into trash, recycling and organic waste bins.  Recyclable materials (plastic, glass and metal containers) and organic wastes (food scraps, paper plates, napkins, cups and other food‐soiled papers) must be separated from the trash for recycling/composting.

Recology Yuba Sutter can provide you with trash, recycling and organic waste service for your event.

Applicants must contact Recology at 530‐743‐6933 at least 2 weeks in advance to request service.

Will you be obtaining additional waste collection service from Recology?  Yes*   No    If yes, please identify the following:

Total number of trash carts/dumpsters: ____________   Size of trash carts/dumpsters:____________ Total number of organics carts: ____________   Total number of recycling carts:____________ Delivery Date:_______________________    Time:_______________________ Pickup Date:________________________    Time:_______________________

There may not be sufficient trash, recycling and/or organic waste bins onsite to properly manage waste from your event.

Please note that per state law (Senate Bill 1383), some events will be required to have recycling and organic waste bins next to each trash bin. You are responsible for providing the necessary number of trash, recycling and organic waste bins at your event for event attendees to use.

 There are enough waste bins already onsite to collect all waste from my event and ensure that recyclables and organics are properly sorted.

 I plan to rent additional  trash   recycling   organic waste bins from  the City /  Recology Please explain your plan for ensuring that all waste is removed and recycling and organic waste collection takes place at your event.

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: April 18, 2023
To: Honorable Mayor & Members of the City Council;
From: Fire Department
Presentation By: Jesse Alexander, Fire Chief
Summary
Subject: Update of Safe and Sane Fireworks Regulations
Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of Yuba City regulating the use of fireworks by adding Section 4-11.02 (Discharge of Fireworks) of Chapter 11, and amending Section 4-17.20 (Exemptions [Noise Regulations]) of Chapter 17 and Section 5602 of Chapter 5 (Fire Prevention), and adding Section 5602.2 (dangerous fireworks) to Section 4-5.02 of Chapter 5, all of Title 4 of the Yuba City Municipal Code by title only and waive the first reading Fiscal Impact: None
Purpose:

To update the Municipal Code to modify the period of time to sell and discharge “safe and sane fireworks,” regulate dangerous fireworks, and ensure that lawful use of fireworks does not constitute a noise violation during lawful periods of discharge.

Council's Strategic Goal:

Business Friendly and Community Risk Reduction.

Background:

In previous years, there have been significant issues surrounding the use of fireworks in our community. Fireworks pose a serious fire hazard which have resulted in injuries and/or property damage. Noise from fireworks can have negative impacts, especially for infants, small children, the infirm, and persons with post-traumatic stress disorder. Animals, such as house pets and wildlife, are often terrified by fireworks. Pets are prone to panic and commonly escape from their owners because of this noise. Complaints about fireworks place a strain on public safety resources, especially on the Independence Day holiday, when there is an excess of fireworks disturbance calls.

While the current Municipal Code does have some regulations in place to address fireworks, community feedback indicates that refinements may be necessary. The City Council has reviewed options regarding this issue and discussed potential approaches during a day-long public workshop

held on January 26, 2023. As a result of this guidance, staff has returned with a draft Ordinance for Council consideration.

Analysis:

The draft Ordinance would update the Municipal Code to:
• Reduce the time to sell/purchase “safe and sane fireworks”. • From: Beginning at 12:00 noon on June 28 and ending at 12:00 noon on July 6. • To: Beginning at 12:00 noon on June 28 and ending at 11:00 p.m., and beginning at 8:00 a.m. and ending at 11:00 p.m. on June 29 through July 4.
• Reduce the time to discharge “safe and sane fireworks”. • From: Begin June 28th from noon each day with no end date defined. • To: Between June 29th and July 4th from noon to 11:00 p.m. each day. • Prohibit discharge of “safe and sane fireworks” within 10 feet of a residence. • Provide a specific time frame to exempt the discharge of “safe and sane fireworks” from the City’s noise ordinance, as well as those with a special permit (such as would be required for a community-wide fireworks event).

Staff does not recommend any change to the Administrative citation (up to $500 per violation) structure.

As community groups often use the sale of fireworks for fundraisers, the Fire Department has reached out to vendors of “safe and sane fireworks,” who have generally confirmed that the proposed refinements are feasible.

Finally, when reviewing the most recent version of the City’s Municipal Code, it appeared that the latest updates did not include certain fireworks regulations that had previously been adopted by the City Council. These include prohibitions against the use of “dangerous” fireworks as defined by state law, as well as “social host” enforcement. As a result, these regulations are also proposed to be added back into the Fire Prevention Code. Violations of the section are a misdemeanor, and penalties are a fine of $1,000 per violation.

Fiscal Impact:

No direct fiscal impact will result from the adoption of the Ordinance.

Alternatives:

1. The Council may amend the draft ordinance to address issues associated with the sale and use of fireworks. The Council may also choose to take no action, which will leave the current regulations in effect.

Recommendation:

A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of Yuba City regulating the use of fireworks by adding Section 4-11.02 (Discharge of Fireworks) of Chapter 11, and amending Section 4-17.20 (Exemptions [Noise Regulations]) of Chapter 17 and Section 5602 of Chapter 5 (Fire Prevention), and adding Section 5602.2 (dangerous fireworks) to Section 4-5.02 of Chapter 5, all of Title 4 of the Yuba City Municipal Code by title only and waive the first reading.

Attachments:

1. 2023 Fireworks Ordinance
Prepared By: Submitted By:

Jesse Frias
Fire Marshal
Diana Langley
City Manager

01248.0001/866675.3 1
ATTACHMENT 1

01248.0001/866675.3 2
AORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY REGULATING THE USE OF FIREWORKS BY ADDING SECTION 4-11.02 (DISCHARGE OF FIREWORKS) OF CHAPTER 11, AMENDING SECTION 4-17.20 (EXEMPTIONS [NOISE REGULATIONS]) OF CHAPTER 17 AND SUBSECTION 5602 OF SECTION 4-5.02 OF CHAPTER 5 (FIRE PREVENTION), AND ADDING SECTION 5602.2 (DANGEROUS FIREWORKS) TO SECTION 4-5.02 OF CHAPTER 5, ALL OF TITLE 4 OF THE YUBA CITY MUNICIPAL CODE
WHEREAS, the City of Yuba City has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the city, Cal. Const. Art. XI, section 7; and WHEREAS, the City Council of the City of Yuba City finds that certain conditions constitute a public nuisance and are a threat to the public peace, safety and welfare of the City; and WHEREAS, Health and Safety Code Section 12541 authorizes the City Council to establish local fireworks regulations; and
WHEREAS, the use or possession of dangerous or illegal fireworks continues to increase within the City limits; and,
WHEREAS, dangerous fireworks pose a serious risk to the public’s safety, given the potential for personal bodily injury and property damage and loss, and the unknown material composition of these fireworks and lack of safeguards; and WHEREAS, fireworks pose a serious fire hazard which can result in injuries and/or property damage; and
WHEREAS, apart from fire hazards, the noise from fireworks has negative impacts upon the quality of life including infants and small children, the infirm, and persons with post-traumatic stress disorder. Animals, such as house pets and wildlife, are easily terrified by fireworks. Pets are prone to panic, and commonly escape from their owners because of this noise; and WHEREAS, complaints about fireworks place a strain on public safety resources, especially on the Independence Day holiday when there is an excess of fireworks disturbance calls; and
WHEREAS, the City recognizes the need to adopt further restrictions and increase penalties for the possession, sale, use or discharge of dangerous fireworks; and WHEREAS, it is the intent of the City Council to reasonably regulate the possession, sale, use or discharge of dangerous fireworks within the City to protect the public health, safety, and general welfare of its residents.

WHEREAS, the City periodically updates its ordinances to ensure that they are achieving their aims, while continuing to adhere to legal requirements; and

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WHEREAS, the City Council now desires to update the Municipal Code to modify the period of time to sell and discharge “safe and sane fireworks,” to ensure that the same do not constitute a noise violation during lawful periods of discharge, and to hold parties responsible for illegal discharge and possession.

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

SECTION 1. The above recitals are incorporated are hereby by reference.

SECTION 2. Section 5602 of Section 4-5.02 of Chapter 5 of Title 4 of the Yuba City Municipal Code is amended to read as follows:

Section 5602.

Fireworks - Prohibition.

Except as otherwise provided in this chapter, no person shall possess, sell, use, display or explode within the City any kind of fireworks as defined in Section 12511 of the Health and Safety Code, including, but not limited to, any rocket, firecracker, roman candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge or other combustible device or explosive substance. Discharge, igniting, exploding, projecting, or otherwise firing or using any kind of fireworks is prohibited except as otherwise authorized in Section 4-11.02 or Section 5602.2 of this Section 4-

5.02. Fireworks - Exception.

It shall not be unlawful to sell within the City those fireworks as are defined and classified as “safe and sane fireworks” in the State Fireworks Law (Sections 12500, et seq. of the Health and Safety Code) during that time period beginning at 12:00 noon on June 28 and ending at 12:00 noon on July 6 of that same yearas follows:

June 28: Beginning at 12:00 noon and ending at 11:00 p.m.

June 29 through July 4: Beginning at 8:00 a.m. and ending at 11:00 p.m.

Permit required.

It shall be unlawful for any person to sell “safe and sane fireworks” within the City without having first applied for and receiving a City permit.

Prerequisite for permit issuance.
(a) No permit to sell fireworks shall be issued to any person, except nonprofit organizations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes.

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(b) Each such organization shall have its principal and permanent meeting place within Sutter County limits and shall have been organized and established in an area which is presently within the limits for a minimum of one (1) year continuously preceding the filing of the application for the permit.
(c) No organization shall submit more than one (1) application for permit to sell fireworks within the City of Yuba City. Submittal of more than one (1) application shall be grounds for denial of all applications. Fireworks permit.

The number of available permits which includes any permits issued pursuant will be limited to one (1) per two thousand (2,000) population based on the latest survey available to the City of Yuba City. If necessary, a lottery system will be used to fill permit vacancies. Only one (1) permit to sell fireworks pursuant to this chapter shall be issued to an eligible applicant.

Permit application.
(a) All applications for permits to sell fireworks shall be in writing to the Fire Marshal.

Applications may be filed beginning March 1 of each year up to and including March 31 of same year, at which time the filing period for that year will close. Applications shall set forth the proposed location of the fireworks stand being applied for, and other information as may be required by the Fire Marshal. (b) Any person, firm, corporation, or organization applying for a permit to sell fireworks shall furnish to the Yuba City Fire Department a policy of public liability and property damage insurance. This policy shall have no deductible, with a limit of bodily injury of not less than one million ($1,000,000) dollars and a limit of property damage not less than one million ($1,000,000) dollars. The City of Yuba City and its agents and employees shall be named as coinsured on the policy. (c) Applicants for such permits shall be notified by April 15 of each calendar year by the Fire Marshal of the approval or disapproval of such applications for such permit. All organizations whose permits have been approved shall have up to and including July 1st of that year to pick up such permit.
(d) Every application for a permit shall be accompanied by the established permit fee for the sales of fireworks. The permit fee will be refunded if the application is not approved.

Fireworks stand.

All retail sales of “safe and sane” fireworks shall be permitted only from within a temporary firework stand, and the sale from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following provisions:
(a) No fireworks stand shall be located within fifty (50’) feet of any other building or within one hundred (100’) feet of any gasoline pump or distribution point or within

01248.0001/866675.3 5
one hundred (100') feet of any other fireworks booth, unless separated by a roadway four (4) lanes wide or greater.
(b) Fireworks stands need not comply with the provisions of the Building Code of the City; provided, however, that all stands shall be erected under the supervision of the Fire Inspector, who shall require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons; and provided further that any electrical installations shall comply with all applicable codes. (c) Each stand shall be provided with two (2) two and one-half (2 1/2) gallon “water type” (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.
(d) No stand shall have a floor area in excess of seven hundred fifty (750) square feet. (e) Each stand shall have at least two (2) exits. Each stand in excess of forty (40') feet in length shall have at least three (3) exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty four (24') feet. Exit doors shall be not less than twenty-four (24'') inches wide and six feet and two (6'2'') inches in height and shall swing in the direction of exit travel.

Operation of stand.
(a) No person shall sell fireworks to any person under the age of eighteen (18). (b) Sale of fireworks shall begin no earlier than 12:00 noon on June 28th and shall not continue after 12:00 noon11 p.m. on July 4th 6th of the same year. (c) No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.
(d) No person other than the individuals who are members of the permittee organization or the wives, husbands, parents or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand. (e) No person under the age of eighteen (18) shall sell or participate in the sale of fireworks.
(f) Each stand shall have an adult watchperson in attendance while the stand is being used for the sale, display or storage of fireworks. In lieu of a night watchperson, a Class IV magazine or equivalent, as approved by the Fire Marshal, may be used to store fireworks.
(g) All fireworks shall be retained at the approved location. In no event shall unsold fireworks be removed from the approved location to any other place without written approval of the Fire Marshal.

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(h) Stands may not be located on public or residential property.

General requirements for permittees.

All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty-five (25') feet surrounding the stand. “NO SMOKING” signs shall be prominently displayed on and in the fireworks stand.

No fuel-powered generator or similar equipment shall be allowed within fifty (50’) feet of a fireworks stand.

SECTION 3. Subsection 5602.2 of Section 4-5.02 of Chapter 5 of Title 4 of the Yuba City Municipal Code is amended to read as follows:

Section 5602.2.

Dangerous Fireworks – Prohibition.
(a) For purposes of this section, dangerous fireworks are those fireworks specified as such in the State Fireworks Law, Section 12505 of the California Health and Safety Code, and such other fireworks as may be determined to be dangerous by the State Fire Marshal. All other types of fireworks are regulated by Section 5602 of Section 4-5.02 of this chapter, and Section 4-11.02.
(b) It shall be unlawful for any person or responsible party to possess, sell, use or discharge dangerous fireworks unless a permit authorizing such possession, sale, use or discharge has been issued by the Fire Chief or Fire Marshal to the person or responsible party using, selling, discharging or found in possession of said fireworks, and unless such person is in possession of a valid pyrotechnic operator’s license issued by the Office of the State Fire Marshal and obtain a fireworks permit for use or discharge from the Fire Chief or Fire Marshal. The Fire Chief or Fire Marshal may establish reasonable rules and regulations for governing issuance of a firework permit and may issue the same subject to payment of a fee as established by the City Council from time to time.

Definitions.

For the purposes of this section, the following definitions shall apply:
(a) “Enforcement officer” means any City officer, employee, or law enforcement officer of the City designated by the Municipal Code or the City Manager to enforce any provision of the Municipal Code or any Code adopted by the City, and includes the City’s Fire Chief, Fire Marshal, Building Official, Development Services Director, enforcement officer, and their respective designees. Whenever an enforcement officer charged with the enforcement of any provision of this code determines that a violation has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.

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(b) “Property” means private property, rented residential premises, or rented commercial residences; including, but not limited to, a home, yard, or field, whether occupied on a temporary or permanent basis, whether or not occupied as a dwelling and whether owned, leased, rented, or used with or without compensation. (c) “Residence or other private property” means a home, yard, apartment, condominium, hotel or motel room, other dwelling unit, a hall or meeting room, or commercial property, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation.
(d) “Responsible party” includes, but is not limited to:

1. The person(s) who owns, rents, leases, or otherwise has possession of the residence or other private property;

2. The person(s) in immediate control of the residence or other private property; and

3. The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the illegal discharge or illegal storage of fireworks.

If the residence or other private property is rented or leased, the landlord or lessor is not covered by this section unless they fall within the category of persons described under paragraph 2 or 3 of this definition. A landlord or lessor can only be held responsible under paragraph 3 of this definition if he or she has knowledge that fireworks are being discharged or illegally stored on the property without obtaining a permit therefor from the Fire Chief or Fire Marshal.

Violations and Penalties.
(a) Misdemeanor. Any person or responsible party who violates any of the provisions of this section shall be guilty of a misdemeanor.
(b) Administrative Citation. An administrative citation may be issued by an enforcement officer to any person or responsible party who violates any of the provisions of this section pursuant to the procedures as set forth in Chapter 6, Title 1 of the Yuba City Municipal Code.

1. Notwithstanding Section 1-6.040, all violators and responsible parties shall be subject to an administrative fine in an amount not to exceed $1,000 for the first violation; and a fine in an amount not to exceed $1,000 for any subsequent violation.

2. The imposition of administrative fines shall be limited to persons or responsible parties who possess, sell, use or discharge or seizure of 25 pounds or less of dangerous fireworks.

01248.0001/866675.3 8

3. Administrative fines collected pursuant to this section shall not be subject to Health and Safety Code Section 12706.

Penalties Not Exclusive.

Nothing in this section shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks. The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in the Yuba City Municipal Code or any other law, statute, ordinance or regulation, including those regulating nuisances.

SECTION 4. Section 4-11.02 of Chapter 11 of Title 4 of the Yuba City Municipal Code is added to read in its entirety as follows:

Sec. 4-11.02. – Discharge of Fireworks
It is unlawful for any person to discharge, ignite, explode, project, or otherwise fire or use any fireworks, or permit the discharge, ignition, explosion or projection thereof, unless having first obtained a special permit in writing from the Fire Chief or Fire Marshal. Such unlawful use is an infraction, is also deemed a nuisance pursuant to chapter 8, title 4, and is subject to enforcement remedies identified in Section 4-8.501.

Notwithstanding the foregoing, discharge and use of “safe and sane fireworks” as classified and defined in the State Fireworks Law (Sections 12500, et seq. of the Health and Safety Code) is authorized between June 29th and July 4th from noon to 11:00 p.m. each day.

However, “safe and sane fireworks” shall not be discharged, ignited, exploded, projected, or otherwise fired or used within ten feet of any residence dwelling or other structure used as a place of habitation by human beings, which shall constitute a nuisance.

SECTION 5. Section 4-17.20 of Chapter 17 of Title 4 of the Yuba City Municipal Code is amended to read in its entirety as follows:

Sec. 4-17.20. Exemptions.

The term "loud and raucous noise" as used in this chapter does not include noise or sound generated by the following:
(a) Cries for emergency assistance and warning calls.
(b) Radios, sirens, horns and bells on police, fire and other emergency response vehicles. (c) Parades, fireworks displays and other special events for which a permit has been obtained from the City are exempted provided there is compliance with all conditions which have been noted in writing on the permit. That loud and raucous noise produced as a result of noncompliance with any condition specified on the permit is not exempted from the requirements of this chapter.

01248.0001/866675.3 9
(d) Activities on or in publicly owned property and facilities, or by public employees while in the authorized discharge of their responsibilities, are exempt provided that such activities have been authorized by the owner of such property or facilities or its agent or by the employing authority.
(e) Religious worship activities, including but not limited to, bells, organs, singing and preaching.
(f) Locomotives and other railroad equipment and aircraft. (g) The collection of solid waste by employees of a company engaged in the waste disposal business.
(h) Organized activities at the Yuba Sutter Fair.
(i) Organized sports events.
(j) The discharge of “safe and sane fireworks” during the times authorized in Section 4-11.02, and the discharge of fireworks for which a special permit has been issued per Section 5602 of Section 4-5.02 of this chapter or Section 4-11.02.

SECTION 6: SEVERABILITY. If any article, section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The Council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 7: EFFECTIVE DATE. This ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.\
Introduced and read at a regular meeting of the City Council of the City of Yuba City on the ___ day of April, 2023, and passed and adopted at a regular meeting held on the ____ day of _____, 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________
Wade Kirchner, Mayor
City of Yuba City

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ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Ciara Wakefield, Deputy City Clerk Shannon Chaffin, City Attorney Aleshire & Wynder, LLP

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: April 18, 2023
To: Honorable Mayor & Members of the City Council;
From: Fire Department
Presentation By: Josh Hubbard, Division Chief
Summary
Subject: Station 4 Training Grounds - Drill Tower Purchase Recommendation: Adopt a Resolution authorizing the sole source purchase of an Affordable Drill Tower from Affordable Drill Towers, LLC, of Austin, TX in the amount of $132,785 and adoption of Categorical Exemptions
Fiscal Impact: $132,785 - Training Tower Purchasing and Construction Estimate $50,000 - Engineered Design and Concrete Pad Construction Estimate $190,000 has been allocated to the City’s Capital Improvement Project Account No. 1280-65501 (Fire Station 4 Training Grounds) Purpose:

To develop, maintain, grow and support a comprehensive training program for all Fire Department personnel, current and future, and ensure compliance with national, state and local training requirements and standards.

The Affordable Drill Tower will serve as the centerpiece of the Fire Department training grounds and provide a cost-effective, no-maintenance option for training personnel in multiple emergency response disciplines. The Drill Tower meets all NFPA, CAL-OSHA and I.S.O. components for serving as a training facility and is customizable and adaptable to challenge and grow our Fire Department personnel by investing in their training growth and future.

Council's Strategic Goal:

Public Safety: This item addresses the Council’s goal of Public Safety by supporting and growing Fire Department operations through enhancement of training through an approved training site.

Background:

Since July 2021, the Yuba City Fire Department has been working to plan, design, develop and build a realistic and versatile training ground facility adjacent to Fire Station 4 in west Yuba City.

The project began with acquiring land to the north of the existing fire station and with the approval from City Council, and a financial investment from the City’s Capital Improvement Project, the Fire Department has been able to remove one acre of orchard trees and provide a foundational ground

base on which to build several training facilities and acquire and purchase training props. The training grounds are secured with a perimeter fence and gate through these previous funds.

The fenced-in training grounds will host two key and required I.S.O. components that are necessary to be approved as a training site. These key components are in the planning and production phase and are as follows: the Training Drill Tower (Phase 1) and an Enhanced Burn Building (Phase 2). In addition to these elements, several other Conex box structures are being developed and will be implemented to create a multi-use and multi-functional training facility.

The Affordable Drill Tower (Phase 1) is a cost-effective option compared to building a traditional enclosed tower structure. Made from high strength galvanized steel, and requiring no maintenance or upkeep, the drill tower can be custom designed and adaptable to today’s training standards and demands. Having a drill tower will keep fire units available in the city while training is conducted and is professionally engineered to meet California standards and requirements while also fulfilling NFPA requirements. The Affordable Drill Tower is delivered, installed, and anchored by a professional crew in a short timeframe. Within 3-6 weeks of purchasing, the Drill Tower can be functioning and in use by fire department personnel. The Affordable Drill Tower is unique in its design and is the sole supplier of this configuration and quality training requirements which are essential to department operations. There is no comparable product option on the market that offers the level of training that is all encompassing. This specific Drill Tower is used and in place at many of the largest fire training conferences in the United States. The design, permitting, and buildout of a traditional training tower ranges from $500,000 to $1,000,000 and requires continuous upkeep and a delayed completion timeframe and therefore, the Affordable Drill Tower will serve as an immediate training addition to the Fire Department while meeting all standards and requirements.

PhaseTwo (Enhanced Burn Building) will consist of the use of shipping containers (Connex Boxes) to build versatile, customizable and economical training buildings adjacent to the Training Drill Tower.

Utilizing these portable storage containers will be the ideal method to simulate and conduct fire training for crews, while keeping them available within the City response area. The Fire Department will be able to stack these shipping containers to create a number of unique building designs that allow customized interior layouts that simulate residential and commercial applications. These buildings will be designed for live fire burn operations that complete the required I.S.O requirements of a training site. Currently, the Fire Department has shipping containers reserved, utilizing a P.O. from a different account, and has plans for purchasing more containers utilizing CAL-JAC training funds. The delivery and purchase completion process will occur once the training tower is completed and space is available.

Analysis:

The Fire Department, in conjunction with the City’s Building Department, have worked closely with the owners and engineers of the Affordable Drill Towers, LLC, to ensure the plans, specifications, and design meet the intended use of fire department training and building department safety requirements and standards. The finalized and approved quote estimate is $132,785.

With Council approval and authorization to finalize the purchase, Fire Department staff proposes the following schedule:

Pour 50x50 concrete pad to meet engineering requirements: May 2023 Contract and Purchase Affordable Drill Tower: May 2023
Construction: June 2023
Completion: July 2023

Environmental Determination:

A preliminary environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). The project is exempt under Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) as the project consists of minor alteration of the City’s existing Fire Station 4, including consisting of less than 50% of the floor area of the structure or 2,500 additional square feet in area. Furthermore, none of the exceptions under Section 15300.2 of the CEQA Guidelines are applicable to this project.

Fiscal Impact:

The Drill Tower purchase cost is quoted at $132,785. The project will be funded through the City’s Capital Improvement Project Account No. 1280-65501 (Fire Station 4 Training Grounds). As an element working in conjunction with the purchase of the Drill Tower, an engineered and approved 50x50 concrete pad will be constructed. This concrete pad will serve as the base of the training tower and is quoted at $50,000 and will meet all specifications and engineering standards required by the City's building department and California standards.

The training grounds were authorized for $190,000 as part of the Capital Improvement Project, and the Drill Tower is the central element offering a vast array of training options for years to come.

Alternatives:

1. Direct staff to modify the purchase details or explore other options.

2. Do not approve of the purchase of the Affordable Drill Tower.

Recommendation:

Adopt a Resolution authorizing the sole source purchase of the Affordable Drill Tower from Affordable Drill Towers, LLC, of Austin, TX in the amount of $132,785, with the finding that it is in the best interest of the City, and adoption of Categorical Exemptions.

Attachments:

1. Training Tower Resolution

2. Exhibit A - Training Tower Location Map

3. Exhibit B - Drill Tower Overview Pamphlets

4. EXHIBIT C - Drill Tower Quote
Prepared By: Submitted By:

Josh Hubbard
Division Chief
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION AUTHORIZING THE SOLE SOURCE PURCHASE OF AN AFFORDABLE

DRILL TOWER FROM AFFORDABLE DRILL TOWERS, LLC, OF AUSTIN, TEXAS IN THE AMOUNT OF $132,785, AND ADOPTION OF CATEGORICAL EXEMPTIONS WHEREAS, the efficiency of governmental operations is of paramount concern to the City Council, City Management, Fire Management and taxpayers alike; and WHEREAS, the City periodically evaluates changes and needs of City Departments in developing, maintaining and growing comprehensive training programs that enhance service and support of employees and residents; and
WHEREAS, the Fire Chief, with approval from the City Council and City Manager, has determined the need to build a training ground facility that meets and exceeds all local, state and national training mandates; and
WHEREAS, the City, has determined the need to support professional development, succession planning and increasing the expertise and effectiveness of Fire Department personnel, and WHEREAS, the Affordable Drill Towers, LLC, is the sole supplier of this configuration, unique design, and quality training requirements which are essential to department operations and not available in comparable products; and
WHEREAS, the established quote from Affordable Drill Towers, LLC, is reasonable and on par with previous projects of similar size undertaken by other public agencies; and WHEREAS, the City has met the requirements to sole source purchase the equipment pursuant to Public Contract Code section 3400 and City Purchasing Policies section 9-3.1; and WHEREAS, the City Council authorizes the sole source purchase of the Affordable Drill Tower from Affordable Drill Towers, LLC,
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:

1. A preliminary environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). The City Councils finds and determines that the project is exempt under Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) as the project consists of the minor alteration of the City’s existing Fire Station 4, including consisting of less than 50% of the floor area of the structure or 2,500 additional square feet in area.

Furthermore, none of the exceptions under Section 15300.2 of the CEQA Guidelines are applicable to this project. As such, the City Councils adopts a finding of a Categorical Exemption under CEQA Guidelines Sections 15301 and 15303 for this project.

2. The City Council finds that a sole source award is appropriate on grounds including that Affordable Drill Towers, LLC, of Austin, Texas is the sole manufacturer of drill towers in the required configurations and specifications required by the Fire Department. The requested product has unique performance and quality specifications which are essential to Department operations, and which are not available in comparable products. The City Council further finds that the proposed prices for the equipment are reasonable and on par with previous projects of a similar size undertaken by other public agencies, and the purchase of the equipment is in the best interests of the City. As such, the City Council hereby approves the sole source purchase of a drill tower and associated accessories through Affordable Drill Towers, LLC, of Austin, Texas. The City Manager is authorized to enter into an agreement for the same, in an amount not to exceed $132,785, subject as to approval as to legal form by the City Attorney.

The foregoing Resolution of the City Council of the City of Yuba City was duly introduced, passed, and adopted at a regular meeting thereof held on the 18th day of April 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP

EXHIBIT A

EXHIBIT B

EXHIBIT C

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: April 18, 2023
To: Honorable Mayor & Members of the City Council;
From: Fire Department
Presentation By: Ali Williams, Division Chief
Summary
Subject: Fire Station No. 2 Dorm Room Addition
Recommendation: Adopt a Resolution approving the plans and specifications for the Fire Station No. 2 Expansion Project located at 1641 Gray Avenue and authorizing advertisement for bids on the project
Fiscal Impact: $800,000 Engineer's Estimate. $1,300,000 is allocated in the Capital Improvement Project Account No. 901236 (Fire Station 2 Expansion) Purpose:

To improve Fire Department facilities by upgrading and expanding the working and living conditions for personnel assigned to Fire Station No. 2.

Council's Strategic Goal:

Public Safety: This item addresses the Council’s goal of Public Safety by supporting the Fire Departments operations through enhancement of current Adopt afire department facilities.

Background:

The Yuba City Fire Department has been working on renovating and remodeling Fire Station No. 2 with a new dormitory addition. The subject station was constructed 41 years ago to protect the northern part of the community. At its occupancy, the station was staffed with a two-person crew.

In 2005, daily staffing at the station increased to a three-person crew, which created space challenges that adversely impacted working and living conditions. In addition, the structure configuration created some operational issues related to Americans with Disabilities Act (ADA) compliance, physical fitness equipment competing for space in the dayroom/work area, no separate bathroom/shower facility for female personnel, and power limitations.

The Fire Department began the renovation of Fire Station No. 2 in 2013. Realizing that funds needed for the renovation were limited, the Department started a phased facility improvement. Using Community Development Block Grant funds, exterior ADA accessibility improvements (walkways and public parking) were completed. In 2015, the Department addressed ADA accessibility issues at the back of the station and prepared a pad for the future construction of a dormitory addition.

In addition to the work mentioned above, the Department recently renovated the kitchen, dayroom, and office areas. The work included new cabinetry, appliances, flooring, LED lighting upgrades, paint, and other associated work.

This project's proposed plans and specifications will complete the renovation of Fire Station No. 2 by adding a 1,330-square-foot dormitory, which includes three private dorm rooms with separate men's and women's restrooms, laundry, and physical fitness areas. Once the dorm renovation is complete, Station 2 may require future work to include new apparatus bay doors, a potential HVAC replacement, and the possibility of placing a Convault fuel tank at the station for fueling apparatus.

Analysis:

The Fire Department, in conjunction with Estrada Engineering & Design, has prepared the plans, specifications, and cost estimate for the renovation of Fire Station No. 2. The engineer's estimate is $800,000.

With Council approval of the plans and specifications and authorization to advertise for bids, staff proposes the following schedule:

Advertise for Bid: April 2023
Award Contract: May 2023
Construction: Spring 2023
Completion: Fall 2023
The plans and specifications for the project are on file at the Yuba City Fire Department for review. The Public Works Department and Estrada Engineering & Design will administer construction management and inspection.

Environmental Determination:

A preliminary environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). The project is consistent with all applicable general plan designation and zoning regulations, the proposed development occurs within city limits on a project site of substantially less than five acres, the project site has no value as habitat for endangered, rare or threatened species, the approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services. Therefore, this project is exempt under Section 15332 (Infill Development) of the CEQA Guidelines. Additionally, the project is also exempt under Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) as the project consists of the minor alteration of the City's existing Fire Station 2, including consisting of less than 50% of the floor area of the structure or 2,500 additional square feet in area. Furthermore, none of the exceptions under Section 15300.2 of the CEQA Guidelines are applicable to this project.

Fiscal Impact:
$800,000 Engineer's Estimate. $1,300,000 is allocated to the Capital Improvement Project Account No. 901236 (Fire Station 2 Expansion).

The total project cost is estimated at $800,000, including contingency and construction management.

The City's Capital Improvement Project Account No. 901236 (Fire Station 2 Remodel) will fund the project.

The specified account currently holds a balance of $1,082,736.52. Thus far, funds have been utilized to cover the potential expansion work drawings, plans, and engineering costs. The remaining funds will cover the dorm renovation and related equipment, such as furniture and laundry equipment.

At the time of award, staff will present a detailed analysis of project costs and funding information based on actual bid results to assist the City Council in decision-making.

Alternatives:

1. Direct staff to modify the plans and specifications

2. Do not approve the plans and specifications

3. Direct staff to go to bid for the project

4. Do not approve staff to go to bid for the project
Recommendation:

Adopt a Resolution approving the plans and specifications for the Fire Station No. 2 Expansion Project and authorizing advertisement for bids on the project.

Attachments:

1. RESOLUTION Station 2

2. Fire Station No 2 Dorm Room Addition Attachment 2
Prepared By: Submitted By:

Ali Williams
Division Chief
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 FIRE STATION NO. 2

EXPANSION PROJECT AND AUTHORIZING ADVERTISEMENT FOR BIDS ON THE PROJECT LOCATED AT 1641 GRAY AVENUE.

WHEREAS, the efficiency and functionality of Fire Station 2 is instrumental to the overall functions of the City of Yuba City and the service provided to its citizens; and WHEREAS, the City periodically evaluates changes and needs of City Departments in assuring that city buildings including fire stations meet the needs of the City, employees and citizens; and WHEREAS, the Fire Chief, with approval from the City Council and City Manager, has determined the need for an expansion of Fire Station 2; and
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:

1. Environmental Finding: A preliminary environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). The City Councils finds and determines that the project is exempt under Section 15332 (Infill Development) of the State CEQA Guidelines because the project is consistent with all applicable general plan designation and zoning regulations, the proposed development occurs within city limits on a project site of substantially less than five acres, the project site has no value as habitat for endangered, rare or threatened species, the approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services. Therefore, this project is exempt under Section 15332 (Infill Development) of the CEQA Guidelines. Additionally, the project is also exempt under Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) as the project consists of the minor alteration of the City’s existing Fire Station 2, including consisting of less than 50% of the floor area of the structure or 2,500 additional square feet in area.

Furthermore, none of the exceptions under Section 15300.2 of the CEQA Guidelines are applicable to this project. As such, the City Councils adopts a finding of a Categorical Exemption under CEQA Guidelines Sections 15301, 15303, and 15332 for this project.

2. Approval of Plans and Specifications: The City Council approves the plans and specifications for the Fire Station No.2 Project and authorizes the advertising of bids for the same.

The foregoing Resolution of the City Council of the City of Yuba City was duly introduced, passed, and adopted at a regular meeting thereof held on the 18th day of April 2023.

AYES:

NOES:

ABSENT:

Wade Kirchner, 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
Fire Station No. 2 Dorm Room Addition.

Click on the below link to view the attachment:
https://www.yubacity.net/cms/One.aspx?portalId=239258&pageId =19474046&action=view

Agenda Item 13

CITY OF YUBA CITY

STAFF REPORT
Date: April 18, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Rezone (RZ) 22-07, Pre-annexation Zoning for the Thiara Estates Subdivision (TSM 22-08)
Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of the City of Yuba City approving Environmental Assessment (EA) 22-13 by adopting a Mitigated Negative Declaration prepared for RZ 22-07 and TSM 22-08 and rezoning Assessor’s Parcels 17-066-003, -005, and 021 from R-1X20 to R-1, located on the west side of Tuly Parkway across from the terminus of Bradley Estates Drive and bordering the east side of Elmer Avenue, and waive the first reading Fiscal Impact: The cost for processing land use entitlements is funded by the project applicant through the payment of application fees
Purpose:

To rezone 8.19 acres removing the X20 Overlay District for the Thiara Estates Subdivision Map (TSM 22-08) that was contingently approved by the Planning Commission.

Council’s Strategic Goal:

This item meets the City Council’s strategic goal of business friendly. Establishing appropriate preannexation zoning for this subdivision will facilitate its build-out going forward.

Background:

The applicant/owner, Sarbjit Thiara Jr., filed applications RZ 22-07 and Tentative Subdivision Map TSM 22-08, Thiara Estates.

On March 22, 2023, the Yuba City Planning Commission conducted a public hearing. Concerns expressed by the public included potential increased traffic on Elmer Avenue, Bradley Estates Drive and the existing traffic issues with drop-off and pick-up at the nearby Butte Vista Elementary School.

Finally, impacts of two-story homes on existing adjacent development was discussed.

After closing the Public Hearing, the Planning Commission unanimously:

1. Adopted Resolution PC 23-07 recommending approval of RZ 22-07 to the City Council together with Environmental Assessment 22-13; and

2. Adopted Resolution PC 23-08 contingently approving TSM 22-08 Analysis:

TSM 22-08 is a 34 single-family residential lot subdivision located on approximately 8.19 acres. Lot sizes range from 6,457 square feet up to 9,834 square feet. The gross density of the project is approximately 4.3 residences per acre, and an existing single-family residence will be removed as part of project development. The subdivision will connect with Tuly Parkway on the east and Elmer Avenue on the west.

Pre-annexation Rezone 22-07 will remove the X20 Combining District from this property. The X20 District provides specific development criteria to this and neighboring properties and provides 12 development related criteria that must be met in order to develop the property (a copy of that criteria is attached to this staff report). Nine of the criteria have since been incorporated into ordinance, practices, or procedures, rendering them unnecessary today. There are three criteria that are not incorporated into today’s practices that would affect the viability of the project if left intact. These include:
• A requirement that a Development Agreement between the developer and the City be approved as part of any project;
• The project must provide an affordable housing component (to be negotiated as part of the Development Agreement); and
• The minimum lot size is one-acre (compared to 5,000 square feet for the R-1 District).

The removal of the X20 Combining District from this property is consistent with the Council’s decision in May of 2021 to rescind the 2005 Growth Policies which contained similar provisions. The resulting zoning of this proposal would be R-1, Single Family Residential.

The subject property is currently in an unincorporated area of Sutter County but is within the City’s longestablished sphere of influence. If this project is approved, the project will not be able to develop until annexation is approved by the Sutter County Local Agency Formation Commission (Sutter LAFCo).

The applicant intends to apply to LAFCo following the City’s application process.

Background:

Although the property has been utilized as an orchard, it has been designated for single-family residential development for many years. The Sutter County General Plan has designated the property in this area for single-family residential development (at up to 8 residences per acre) since at least 1996. The Yuba City General Plan has designated the property as Low Density Residential (2-8 residences per acre) since at least 2004. This proposal is consistent with both Sutter County and Yuba City General Plans, and it is consistent with the R-1 pre-annexation zoning that was previously applied to the property. There have been several other similar subdivisions in this area in previous years, as City services are available to this urbanizing area within Yuba City’s existing sphere of influence.

Analysis:

Compatibility with neighboring uses:

The project is located on the western edge of the City. As growth in this part of the urban area has in recent years been moving west, there has been new residential development. As such, the area has

been transitioning from agricultural uses (primarily small orchards) to single-family residential development. The interface between farming and residential development is often times difficult for both farming and the nearby residents. But as this transition in this area is temporary, requiring buffers, like distance and separation of use requirements, is not effective. Agricultural buffers are only effective for establishing more permanent boundaries. Better long-term planning is to separate the uses. That is, let this urbanizing area build-out, and protect agricultural lands in more rural locations along the perimeter of the Yuba City sphere of influence.

This new subdivision will also be located next to existing single-family residential development.

Historically, the City has been respectful of existing single-story homes by limiting neighboring new homes to a single story. As has been the standard with other developments with similar issues, a condition has been included for the proposed new homes that will abut existing single-story residences.

They are limited to single-story construction, or some residences may have a second story with no overlooking windows. The condition limits lots 1 through 8, 22, 23, 24, 25, 26 and 27 to single-story construction or any back-facing windowsills on the upper floor of a two-story residence are to be a minimum of 6.0 feet above the floor, and prohibits second story balconies, or as otherwise approved by the Development Services Director.

Logical path of growth
Although this property is currently utilized as an orchard, and this development means the loss of that 8-acre orchard, this property is in a logical growth area for the City within the City’s long-established sphere of influence. As discussed above, the area has been planned by both Sutter County and Yuba City for this growth for at least 30 years. The construction of Tuly Parkway that adjoins this property further increases the viability of this site for urban growth. The agricultural use of this site, with increasing urban development around it, will become more and more difficult to conduct as this area grows.

Traffic
The project will create new internal roadways with access to the surrounding streets. It will connect Elmer Avenue to Tuly Parkway/Bradley Estates Drive which connect with Blevin Road and other points east. Per the proposed Conditions of Approval, the developer will dedicate appropriate right-of-way and construct and/or pay for their portions of Elmer Avenue and Tuly Parkway as well as the internal streets. This includes curbs, gutters, sidewalks, and decorative masonry walls and landscaping, as Table 1: Bordering Information and Uses
General Plan
Land Use
Classification
Zoning Existing
Land Use
Project Site Low Density
Residential
(LDR)
One-Family Residential
(R-1)
Orchard and a boardedup single-family
residence.

North LDR R-1 Single-family
residences.

East LDR R-1 Tuly Parkway and
single-family residences
across the parkway.

West LDR R-1 Estate sized singlefamily residences and
orchard.

South LDR R-1 Estate sized singlefamily residence.

appropriate.

To analyze the effects on the existing street system from this additional traffic, a traffic study was prepared (Wood Rodgers, Thiara Estates Traffic Operation Memorandum, November 30, 2022) (Study). The Study estimates that the subdivision will generate approximately 374 new daily vehicle trips (a trip is one-way), most of which will utilize the Tuly Parkway/Bradley Estates Drive intersection. (A copy of the full traffic study is attached to the Environmental Assessment attached to this staff report).

Tuly Parkway/Bradley Estates Drive: Upon completion of the subdivision the Study provides that most project related traffic will utilize Tuly Parkway, but until the Parkway is opened to Butte House Road, much of the traffic will utilize Tuly Parkway and Bradley Estates Drive to access Blevin Road. As Tuly Parkway and Bradley Estates Drive are not used to a level that effect capacity, the Study concludes that there is adequate capacity in both of those roadways for the additional trips.

Elmer Avenue and Blevin Road: Of concern were the project’s potential effects on the Elmer Avenue/Butte House Road intersection and the Blevin Road/Butte House Road intersection. Both the Yuba City and Sutter County General Plans (Elmer Ave.) consider the standard for acceptable street and intersection flows to be LOS D or better. As can be seen in Table 2 below, the existing LOS at those intersections are currently acceptable and construction of these 34 homes will not alter that, with changes to the intersection delays not likely to be noticeable. Per the Study, signalization of those intersections is not recommended at this time.

Even under the cumulative scenario, which projects traffic levels on these roadways to 2035, the traffic flow remains at an acceptable level of service. The Study also considered the effects on Elmer Avenue if Tuly Parkway is not completed. It concluded that the traffic levels would not be significantly affected by the removal of Tuly Parkway.

Table 2: Elmer Way and Blevins Road Operations
Intersection LOS Criteria Peak Existing Existing Plus Project hour Delay (sec) LOS Delay
(sec)
LOS
Elmer Ave./Butte AM 17.1 C 17.2 C
House Road
D or better
PM 22.1 C 22.6 C
Blevin Rd./Butte AM 14.3 B 14.7 B
House Road
D or better
PM 27.1 D 28.9 D
Other conclusions of the traffic study are:
• Emergency access is considered adequate.
• The project will provide adequate connectivity to existing bicycle and pedestrian facilities.

Another consideration not discussed in the traffic study is the potential benefit to existing Elmer Avenue residents. This subdivision will provide an additional southerly exit for Elmer Avenue residents other than the Elmer Avenue/Butte House Road intersection, via the new connection through the subdivision to Tuly Road and Bradley Estates Drive.

New development will be required to pay City wide traffic impact fees and the development will construct the west portion of Tuly Parkway from Bradley Estates Drive to the north property line of this project area, which aids the ultimate General Plan goal of connecting Tuly Parkway to Butte House Rd

to alleviate traffic impact at Blevin/Butte House and Elmer/Butte House.

Availability of City services:

City water, wastewater and stormwater drainage will be extended to the property.

Eliminating the X20 Combining District:

As discussed in the Background section above, the X20 Combining District was adopted in 2004 to implement the new General Plan. It contains 12 criteria that is to be required of new development.

Since that time there have been other ordinances adopted and programs established that accomplish many of those items, making them duplicative today. That includes nine of the criteria to pay sewer, water, park, school, and other development impact fees, make proper drainage improvements, pay a fair share of upgraded or new collector and arterial streets, and levee improvements, and entry into a Community Facilities District to fund police/fire operations, and park maintenance.

Other criterion that seemed justified at that time, but is no longer needed, is that the project must participate in an affordable housing program that was anticipated to be implemented. Since that time, the City has developed other strategies for affordable housing, as most recently contained in the 2021- 2029 Housing Element so this criterion has been superseded by the new Housing Element.

There is a criterion to enter into a Development Agreement between the property owner and the City.

The stated need is to implement the City’s Housing program. As stated above, the housing problem has otherwise been addressed, negating the need for a development agreement.

A criterion requires a one-acre minimum lot size. One-acre minimum lot size would be inconsistent with the General Plan. The Low-Density Residential land use designation in which this property lies has an allowed density range of 2-6 residences/acre. The one-acre minimum translates to a density of 1 residence/acre – outside of the permitted density range. Also, if the one-acre minimum lot size is implemented for this subdivision the project would be reduced to eight lots instead of the 34 that are proposed. This raises a major concern. At this reduced density, to accommodate new growth, it would be an inefficient use of land, causing considerable sprawl, and a waste of much more agricultural land.

Further, the cost of providing City services to those properties at this low density would be prohibitive to all but the wealthiest.

Map Approval Prior to Annexation
Pursuant to Government Code Section 66454 (the State Subdivision Map Act), a city may process and approve a proposed subdivision of unincorporated territory adjacent to a city but must condition its approval that the subdivision cannot be built until annexation is approved. This requirement has been reflected as proposed Condition No. 6.

Environmental Considerations:

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 project. The finding of the mitigated negative declaration is that, with the proposed mitigations for Greenhouse Gases Geology and Soils, and Tribal Cultural Resources mitigation, this 34 single-family residential lot

subdivision 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 attached Mitigation Monitoring Program.

Fiscal Impact:

The cost for processing land use entitlements is funded by the project applicant fees as adopted by the City Council.

Alternatives:

1. Deny the application to approve Environmental Assessment 22-13, Rezone 22-07 and the associated Tentative Subdivision Map 22-08.

2. Provide staff with alternate direction.

Recommendations:

1. Conduct a Public Hearing; then

2. Introduce an Ordinance of the City Council of the City of Yuba City approving Environmental Assessment (EA) 22-13 by adopting a Mitigated Negative Declaration prepared for RZ 22-07 and TSM 22-08 and rezoning Assessor’s Parcels 17-066-003, -005, and 021 from R-1X20 to R1, located on the west side of Tuly Parkway across from the terminus of Bradley Estates Drive and bordering the east side of Elmer Avenue, and waive the first reading.

Attachments:

1. City Council Ordinance approving Environmental Assessment 22-13 and Rezone 22-07

2. X20 Overlay District

3. Tentative Subdivision Map (TSM) 22-08, Thiara Estates, and Conditions of Approval

4. Environmental Assessment 22-13
Prepared By: Submitted By:

Doug Libby, AICP
Deputy Director of Development Services
Diana Langley
City Manager

ATTACHMENT 1

1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING ENVIRONMENTAL ASSESSMENT (EA) 22-13 BY ADOPTING A MITIGATED NEGATIVE DECLARATION PREPARED FOR RZ 22-07 AND TSM 22-08 AND REZONING ASSESSOR’S PARCELS 17-066-003, -005, AND 021 FROM R-1X20 TO R-1, LOCATED ON THE WEST SIDE OF TULY PARKWAY

ACROSS FROM THE TERMINUS OF BRADLEY ESTATES DRIVE AND
BORDERING THE EAST SIDE OF ELMER AVENUE.

WHEREAS, the City received a tentative subdivision map application for this property in July 2022 to subdivide the approximately 8.19-acre property into 34 single-family residential lots, and a rezoning of the property (RZ 22-07) to delete the X20 Combining District from the existing R-1X20 zoning located on the west side of Tuly Parkway across from the terminus of Bradley Estates Drive; and
WHEREAS, as a result the following entitlements are being considered for approval:
• Rezone (RZ) 22-07: which proposes to amend the zone district from a One Family Residence combined with the X20 Combining District (R-1X20) to a One Family Residence District (R-1)
• Tentative Parcel Map (TSM) 22-08: which proposes to subdivide 8.19 acres into 34 single family residential lots
• Environmental Assessment (EA) 22-13
(collectively “Project”); and
WHEREAS, the X20 Combining District was added to this and nearby properties in 2004 as part of a potential annexation into the City. At that time the new General Plan had been recently adopted and this zoning was added to ensure that the new policies and programs in the General Plan be implemented. Since that time many of the criteria have been incorporated into standard practice; and
WHEREAS, a review of the X20 zoning concluded that its twelve criteria of development were no longer necessary due to more recent actions to implement these standards citywide or that they are no longer needed (Exhibit “A”); and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared an Initial Study proposing a Mitigated Negative Declaration (EA 22-13) for the Project; and
WHEREAS, on March 22, 2023, the Planning Commission concurrently conducted a duly noticed public hearing on Environmental Assessment 22-13, Rezone 22-07, and Tentative Subdivision Map 22-08, at which time it received input from City Staff, public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission, after which public testimony was closed; and WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission unanimously recommended the City Council adopt an Ordinance approving

2 Environmental Assessment 22-13 and Rezone 22-07 and contingently approved Tentative Subdivision Map 22-08.

WHEREAS, on April 18, 2023, the Yuba the City Council conducted a duly noticed public hearing on the project, at which time it received input from City Staff; public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the City Council, after which public testimony was closed and this ordinance introduced; and WHEREAS, the City Council of Yuba City considered said recommendations of the Planning Commission on the matter and after review and consideration of the Environmental Assessment, the City Council desires to approve Rezone 22-07 and the associated Environmental Assessment (EA) 22-13 adopting a Mitigated Negative Declaration for the project.

NOW, THEREFORE, the City Council of the City of Yuba City does ordain 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 of the City of Yuba City 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. The process included the distribution of requests for comments 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 City Council find that feasible mitigation measures or alternatives have been incorporated into the project in order to avoid the effects to a point where clearly no significant effect on the environment will occur. The project-specific 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.

3. Adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Based on the foregoing, the City Council of the City of Yuba City adopt the Mitigated Negative Declaration prepared for the project, including the associated Mitigation Monitoring and Reporting Program as updated, as the project will not result in any significant, adverse environmental impacts with the mitigations proposed. The Yuba City Development Services Department is located at 1201 Civic Center Boulevard, Yuba City, CA 95993, and is recommended to be designated as the custodian of the documents and other materials that constitute the record of the proceedings upon which the decision is based. 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.

4. Rezone Findings. The City Council finds that Rezone 22-07 is consistent with the General Plan and the General Plan goals and policies as amended and as further described above; ii) is consistent with the purpose of the zoning ordinance to promote and protect the public’s health, safety, peace, comfort, convenience and general welfare; iii) the project would provide open space, light, air, privacy, convenience, access, aesthetic values, protection of environmental values, and protection of public and private improvements; and iv) the project

3 will allow for the creation of quality balanced neighborhoods that provide housing options for the City.

5. Approval of Rezone 22-07. The City Council approves Rezone 22-07 and reclassifies the zone districts for those districts as depicted in Exhibit A shown on the zoning map of the City of Yuba City from One-Family Residence District, X20 Combining District (R-1X20) to OneFamily Residence District (R-1).

6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published, in accordance with Government Code, Section 36933, or as otherwise required by law.

8. Effective Date of Resolution. This ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage and adoption.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 18th day of April 2023, and adopted the Ordinance after the second reading at a regular meeting held on the ______day of _____2023, by the following roll call vote:

Ayes:

Noes:

Absent:

Recused:

4 CITY OF YUBA CITY
_____________________________
Wade Kirchner, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
_________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit A: Rezone 22-07
I, ______________________________, Deputy City Clerk of the City of Yuba City, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Yuba City on the date and by the vote indicated herein.

5 EXHIBIT A

6

ATTACHMENT 2

YUBA CITY
X Districts
Updated | August 2022
X20 Area: West side of Elmer Road, south of the westerly extension of Lizanne Drive, and the area lying between Tuly Parkway right of way and the section of Tierra Buena which as annexed to the City in April of 2004 along with the area lying between Vine Avenue and the westerly extension of Lizanne Drive.

Conditions of Preannexation Zoning
The preannexation zoning of the Property is approved subject to the following conditions.

These conditions shall only apply to divisions of land requiring a subdivision map or to any multifamily development of five residences or more.

1. Prior to the approval of any subdivision map for said Property, or prior to any multi-family development of five residences or more of said Property, a Development Agreement must be entered into with the City. At a minimum, the Development Agreement shall address conditions of development and the financing of roads, parks, public facilities, sewer, water, drainage, and surrounding infrastructure as established in the General Plan.

The approval of said preannexation zoning in no way obligates the City to enter into a Development Agreement. The City shall have complete discretion whether to approve a Development Agreement and in approving the terms and conditions of the Development Agreement.

2. Prior to the City finalizing a Development Agreement, the developer of the Property shall provide written documentation from the affected school district that the developer has satisfied said school district's requirements for school infrastructure. This would generally apply to any developments over 4 residential units. The School District would expect, at a minimum, that all residential developments enter into a Mello Roos District and that depending on the size of development, land dedication and school development may be an alternative, subject to negotiation with the District.

3. Drainage plans shall be provided for all subdivisions of land within the Property and shall comply with the City and County's master drainage plans.

4. All residential subdivisions within the Property shall include an affordable housing component that meets the minimum production standard of affordable housing outlined in the regional compact with SACOG adopted by the City of Yuba City in November 2004. There are a variety of options of how best to meet the affordable housing requirement. These options would be subject to negotiations between the City and developer and shall be part of the Development Agreement.

5. All residential subdivisions within the Property shall meet the minimum standards for residential design as established by the City Council.

6. Sewer and water fees, including connection fees and the installation of major trunk lines from both plants, shall be incorporated into the cost of development and shall be part of the Development Agreement.

7. Development within the Property shall be required to pay its fair share of major roadwork as part of the development and, may require construction of collector and arterial roads that will adequately address infrastructure concurrent with the proposed development.

This will be negotiated as part of the Development Agreement.

8. Payment of impact fees, which incorporate the public improvements necessary to implement the General Plan, shall be required and will be part of the Development Agreement. These fees will be estimates and final payment will be based on a formally adopted impact fee study approved by the City Council. In addition to the park impact fee, the Quimby Act shall also apply.

9. Payment of a fee to address levee improvements and potential flood issues shall be required as part of the Development Agreement.

10. Any development within the Property shall require the Property entering into a Community Facilities District to assist in funding police, fire and park maintenance.

11. Any development within the Property shall address the community design policies in the General Plan including walkable, livable concepts and address the village concept as provided for in the General Plan.

12. The minimum lot size for the lots shown as R-1-X20a shall be one acre as shown on Exhibit A.

ATTACHMENT 3

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1 CITY OF YUBA CITY

CONDITIONS OF APPROVAL
TENTATIVE SUBDIVISION MAP 22-08
MARCH 22, 2023

THIARA ESTATES
APNs: 17-066-003, -005, -021

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 tentative subdivision map 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.

All discretionary conditions of approval will ultimately be deemed mandatory unless appealed by the applicant to the City Council within 10 days after the decision by the Planning Commission. In the event you wish to appeal the Planning Commission’s decision or discretionary conditions of approval, you may do so by filing a written appeal with the City Clerk. The appeal shall state the grounds for the appeal and wherein the Commission failed to conform to the requirements of the zoning ordinance. This should include identification of the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld.

These conditions are applicable to any person or entity making use of this tentative subdivision map, 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 tentative subdivision map.

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,

2 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 noncompliance 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. Standard Cultural Resource: The following cultural resource COA are applicable to all approved applications associated with TSM 22-08.
• Prior to and during construction of each phase or individual construction activity undertaken as part of the project and to mitigate potential impacts to cultural resources, the following steps shall be taken:
• Prior to excavation and construction on the project site, the prime construction contractor and any subcontractor(s) shall be cautioned on the legal and/or regulatory implications of knowingly destroying historic or prehistoric cultural resources or

3 removing artifacts such as, but not limited to, prehistoric ground stone, projectile points, shell middens, or debitage, human remains, historic materials such as, but not limited to, bottles or cans and other cultural materials from the project site.

Responsibility: Project Applicant, Prime Construction Contractor, Subcontractors
Timing: Prior to excavation and construction
Funding: Project Applicant
• Prior to any demolition, excavation, or construction, the project applicant shall identify a qualified archaeologist to be on call if any cultural resources are identified, or if required by the City. The City shall approve the selected archaeologist prior to issuance of the any permit that includes soil disturbance, if any cultural resources are identified and/or required by the City. When excavation of greater than four (4’) feet is anticipated, a Tribal Monitor may be required.

Responsibility: Project Applicant, City
Timing: Prior to any demolition, excavation or construction.

Funding: Project Applicant
• In the event of a find, reasonable time shall be allowed for the qualified archaeologist to conduct additional subsurface testing, analysis, and reporting, if warranted. During this time, excavation and construction shall not be allowed in the immediate vicinity of the find (within a 50-meter radius, or approximately 164- feet, or within a larger area as determined by the qualified archaeologist), However, activities may continue in other areas of the project site if so, determined by the qualified archaeologist.
• If any find is determined to be significant by the qualified archaeologist, representatives of the project developer or construction contractor and the City, and the qualified archaeologist, shall meet to determine the appropriate course of action.

Responsibility: Project Archaeologist, Project Applicant, Construction Contractor, City
Timing: Prior to any work within a 50-meter radius, or approximately 164-feet, of the find
Funding: Project Applicant
• All cultural materials recovered as part of the testing or monitoring program shall be subject to scientific analysis, professional museum curation, and reporting prepared according to current professional standards. A copy of the report and analysis shall be provided to the California Historical Resources Information System Northwest Information Center for recordation.

Responsibility: Project Archaeologist, City
Timing: After Report and Analyses is completed
Funding: Project Applicant
In accordance with State CEQA Guidelines, Section 15064.5 (e)(1)(A)(B), in the event of the discovery or recognition of any human remains on the project site during development, the following steps shall be taken:

4 • There shall be no further excavation or disturbance of the site or any area reasonably suspected to overlie adjacent human remains until the Monterey County coroner is contacted to determine that no investigation of the cause of death is required. Possible indications of burials could include a layer of shells placed over the burial. • If the coroner determines the remains to be Native American, then the coroner shall contact the Native American Heritage Commission (“Commission”) within twentyfour (24) hours. The Commission shall identify the person or persons it believes to be the most likely descendent (“MLD”) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98.

Responsibility: Project Contract, Project Applicant, City Timing: In Event of Discovery or Recognition of any Human Remains Funding: Project Applicant
• Where the following conditions occur, the landowner or their authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if the:
a) Commission is unable to identify an MLD or the MLD failed to make a recommendation within forty-eight (48) hours after being notified by the Commission;
b) Descendent identified fails to make a recommendation; or c) Landowner or their authorized representative rejects the recommendation of the descendent, and the mediation by the Commission fails to provide measures acceptable to the landowner.

Responsibility: Project Applicant, NAHC, MLD, City
Timing: After Discovery of Human Remains
Funding: Project Applicant

3. The lot design on the subdivision maps shall be designed in substantial conformance with the TSM 22-08, as appropriate, and as approved by the Planning Commission.

4. The project development shall comply with all CEQA mitigation measures identified in Environmental Assessment 22-13 dated March 22, 2023.

5. The development and operation of the project shall comply with all local, state, and federal codes (including Building and Fire codes) and local development standards. o The Developer or Representative shall obtain an Encroachment Permit from the City prior to performing any work within public rights of way.

6. Pursuant to Government Code Section 66454, prior to recording of a final map, annexation of the project site to the City of Yuba City is required through the Sutter County Local Area Formation Commission (Sutter LAFCO).

5 7. Approval of TSM 22-08 is shall be null and void without annexation of the affected lands into the City’s jurisdictional boundary within the timeframe permitted by Yuba City Municipal Code Section 8-2.610.

8. Lot 1, 23, and 24 and along Elmer Avenue shall be constructed with six-foot decorative masonry block wall.

9. To limit visibility, provide privacy and to minimize conflicting views of adjacent properties, the Tentative Map dated January 2022 (filed with the City on August 8, 2022) is restricted as follows:
o Lots 1 through 8, 22, 23, 24, 25, 26 and 27 are to be restricted to single story construction or any back-facing window sills on the upper floor of a two-story residence are to be a minimum of 6.0 feet above the floor, and additionally, shall not establish second floor balconies facing single-story homes, or as otherwise approved by the Development Services Director.

10. The development and operation of the project shall comply with all local, state, and federal codes (including Building and Fire codes) and local development standards. o The Developer or Representative shall obtain an Encroachment Permit from the City prior to performing any work within public rights of way.

11. Storage of construction material is not allowed in the travel way.

12. 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.

13. 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.

14. 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.

15. A Subdivision/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 recordation of map, or prior to approval of the Improvement Plans, whichever comes first.

16. The applicant shall be required to pay all applicable fees, including but not limited to, Sutter County, and/or Yuba City determined fees.

PRIOR TO ISSUANCE OF A GRADING PERMIT

17. 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 rear yards and/or side yards of the lots that are created by this subdivision that are adjacent to existing residential development shall have the same finish grade elevation as those lots within

6 tolerances as approved by the Public Works Department. If retaining walls are required they shall be constructed of concrete or masonry block.

18. A master grading plan of the subdivision shall be submitted to the Public Works Department as part of the improvement plans.

PRIOR TO APPROVAL OF THE IMPROVEMENT PLANS

19. Fire hydrants shall be included throughout the project as approved by the Yuba City Fire Marshal.

20. 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, permit applications, and payment of fees.

The Developer shall provide evidence, to the satisfaction of the Public Works Department, that all such obligations have been met.

21. The Developer shall dedicate right-of-way to the City as follows, or as approved by the Public Works Director:
o Tuly Parkway: a total width of 101.0 feet, including a 12.0-foot public utility easement.
o Elmer Avenue: on the east side, shall have right-of-way dedicated to a width of 45.5 feet (centerline to back of new 6.0-foot-high block wall), including a

10.0-foot PUE (35.5 feet east of centerline of roadway to back of new 6.0- foot-high block wall).
o Interior residential streets (Bradley Estates Drive, Rumi Street, easterly portion of Ameera Street, and Rohin Court):
i. Detached sidewalk option -- Right-of-way shall be dedicated to a width of 38.0 feet together with a 19.5-foot PSE behind the right-of-way. A

12.0-foot wide PUE shall be dedicated along the sidewalk with 2.0- foot located underneath the sidewalk along each side of the roadway. ii. Attached sidewalk option -- Right-of-way shall be dedicated to a width of 46.0 feet. A 12.0-foot wide PUE shall be dedicated adjacent to the right-of-way with 2.0-foot located underneath the sidewalk along each side of the roadway.
iii. A combination of the attached and detached sidewalk options to provide street trees and meeting City design standards (westerly portion of Ameera Street -- Right-of-way shall be dedicated to a width of 45.0 feet (back of sidewalk at the north side of Ameera Street to the north property line of APN 17-066-044). A 12.0-foot wide PUE shall be dedicated adjacent to the right-of-way with 2.0-foot located underneath the sidewalk.
o All necessary right of way and easements are to be dedicated with the recordation of the Final Map.

22. The Developer shall construct frontage improvements to City standards as follows, or as approved by the Public Works Director:
o Tuly Parkway:
i. 6.0-foot high masonry block wall
ii. 12.0-foot wide public utility easement area with landscaping and irrigation
iii. 6.0-foot wide sidewalk

7 iv. 6.0-foot wide landscaped parkway strip (measured from face of sidewalk to back of curb) with City approved street trees, landscaping, and irrigation
v. 2.5-foot wide barrier curb and gutter
vi. 18.0-foot wide asphalt road section
vii. 12.0-foot wide landscaped median including a 6” barrier curb at the perimeter. The median shall include City-approved street trees, landscaping, and irrigation
viii. Streetlights
o Elmer Avenue:
i. 22.0-foot-wide asphalt road section - centerline of Elmer Road to lip of gutter
ii. 2.5-foot wide barrier curb and gutter
iii. 6.0-foot wide landscaped parkway strip (measured from back of curb to face of sidewalk) with City approved street trees, landscaping, and irrigation
iv. 5.0-foot wide detached sidewalk
v. 10.0-foot wide public utility easement adjacent to the sidewalk with landscaping and irrigation
vi. 6.0-foot high masonry block wall
vii. Streetlights
viii. fire hydrants
ix. storm drainage facilities
x. barricade
xi. roadway striping
xii. roadway signage
o Interior residential streets (Bradley Estates Drive, Rumi Street, Ameera Street [east of APN 17-066-004], and Rohin Court):
i. Detached sidewalk option -- Streets shall be designed/constructed to a width of 37.0 feet back of curb to back of curb with parking permitted on both sides. Frontage improvements shall include street section, curb, gutter, 6.0-foot wide landscape parkway strip (measured from back of curb), 4.0-foot wide sidewalk, street trees, and streetlights.

1. The landscape plan for the front yard, including the area between the sidewalk and curb, shall be handled by each individual lot improvement. The irrigation system shall be designed to accommodate the street tree and shall meet the City’s Model Water Efficient Landscape Ordinance.

2. The landscaping in the parkway strip is to have a coordinated theme referenced on the public improvement plans, or as approved by the Development Services Director.
ii. Attached sidewalk option -- Streets shall be designed/constructed to a width of 37.0 feet back of curb to back of curb with parking permitted on both sides. Frontage improvements shall include street section, curb, gutter, a 4.0-foot wide attached sidewalk, and streetlights.

1. Curb bulb-outs (a contained area for the street trees) shall be installed with the following characteristics, or as otherwise determined by the Public Works Director:
a. 8.0-feet long by the width of the parking lane
b. Spaced between 30-feet and 45-feet apart, alternating sides of the street through the street length
c. Shall not be placed over any service laterals
d. Detached from the standard curb and gutter adjacent
6” barrier curb to the curb and gutter

8 e. Planted with City approved trees prior to the Certificate of Occupancy of the adjacent residence.

2. The landscape plan for the front yard is required and shall be handled by each individual lot improvement.
iii. A combination of the attached and detached sidewalk options to provide street trees and meeting City design standards, or as approved by the Public Works Director.
o Interior residential street (Ameera Street [north of APN 17-066-004], north to south):
i. 4.0-foot sidewalk
ii. 6.0-foot wide landscaped parkway strip (measured from face of sidewalk to back of curb) with City approved street trees, landscaping, and irrigation
iii. 2.5-foot wide rolled curb and gutter
iv. 26.0-foot wide asphalt road section
v. 2.5-foot wide barrier curb and gutter
vi. 4.0-foot wide landscaped strip (measured from back of curb to north property line of 17-066-004) with City approved street trees, landscaping, and irrigation

23. Road work on Tuly Parkway shall be constructed prior to the issuance of the first certificate of occupancy, up to and including the following, or as otherwise determined by the Public Works Director:
a) The existing storm drain main and water main shall be extended in Tuly Parkway south of Bradley Estates Drive to the south property line of the proposed subdivision.
b) South of Bradley Estates Drive, the pavement shall stop at the existing street barricades, unless otherwise determined by the Public Works Director. c) An off-site transition of the paved roadway, curb, gutter, sidewalk and striping/pavement markings shall be constructed from the north property line of the proposed subdivision to, at a minimum, Nick Ct (Valencia Estates). The Developer shall receive fee credits for this off-site work as determined by the Public Works Director.
d) Provisions for northbound and southbound left turn pockets, from Tuly Parkway to Bradley Estates Drive shall be incorporated in the design of the landscaped median. The stacking portion of the left turn pocket shall be a minimum of 65.0 feet, or as otherwise determined by the Public Works Director. Pavement delineation at the turn pockets shall be part of the improvements.

24. Road work on Elmer Avenue shall be constructed prior to the issuance of the first certificate of occupancy, up to and including the following, or as otherwise determined by the Public Works Director:
a) North of Ameera Street, Elmer Avenue shall have a full street section constructed, unless otherwise determined by the Public Works Director.

There shall be a “stepped” block wall installed along the west property line of Lot 1 (as said Lot 1 is shown on the Tentative Map 22-08, dated January 2022). A street barricade shall be installed at the north end of the paved shoulder.
b) A street light shall be installed at the intersection of Ameera Street and Elmer Avenue.

9 c) Adjacent to APN 17-066-004, the road section width and specifications can be modified as approved by the Public Works Director to facilitate construction within the existing right of way. The sidewalk can be attached and there shall be no requirement for a PUE, street trees, street lights, or landscaped parkway strip.
d) Between the north side of the walkway at Rohin Court and APN 17-066-004, Elmer Avenue shall have a full street section constructed, unless otherwise determined by the Public Works Director.
e) The construction of the street section on Elmer Avenue, between the south side of the walkway at Rohin Court and the westerly prolongation of the southerly property line of the proposed subdivision, may be deferred, unless otherwise determined by the Public Works Director.

25. An access point through the block wall, between Rohin Court and Elmer Avenue shall be provided and have the following design characteristics:
a) The distance between the pilasters (at the ends of the masonry block walls) shall be wide enough to allow emergency vehicle access. b) A concrete walkway not less than 6.0 feet wide shall be provided. c) The area shall be illuminated with a decorative light, unless a street light is nearby, and/or as approved by the Public Works Director. d) A fold down/hinged bollard shall be placed in the walkway to prevent vehicular access. The walkway shall be widened at the bollard, as necessary to comply with safety requirements, as approved by the Public Works Director.

26. The Developer shall comply with all City requirements related to drainage, including design, construction, and payment of fees in accordance with the Northwest Drainage Study. Any modifications and/or required updates shall require a 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 Study.
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.

10 f. Detention Basins - A 100-year, 24-hour storm shall be used for sizing any detention basin(s) included in the approved drainage plan detention storage facilities. The detention basin release rate from any such detention basin(s) during 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.
g. The Drainage Study shall be completed and stamped by a Professional Engineer and determined by the City Engineer and/or the Sutter County Water Agency Engineer to be comprehensive, accurate, and adequate.

27. Only one detention pond and/or water quality basin shall be utilized if required to meet stormwater requirements throughout the entire subdivision. Mechanical water quality devices and/or oversized pipes are preferred. Should a basin be necessary it is to include, but not be limited to a vehicle pull out area, solid masonry wall adjacent to residential, decorative perimeter fencing with accessible sized gate, landscaping, and access to the inlet and outlet in the basin as approved by the Public Works Director. Maintenance costs associated with the basin and/or mechanical water quality device(s) are to be included in the applicable Lighting and Landscape Maintenance District.

28. 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

29. All development shall be designed to local, state, and federal flood standards.

30. The proposed waterline that is part of this subdivision shall loop through the subdivision and through Elmer Avenue with provisions for future north and south extensions in Elmer Avenue. The proposed main that is to be constructed in Elmer Avenue shall be a 12” main as outlined in the Water Treatment Plant and Distribution System Master Plan dated January 2019.

31. 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 6” 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.

11 32. Striping, pavement markings and traffic signage shall be provided on all streets 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.

33. The street trees and street lighting are public improvements which shall meet the Parks Division Planting Standards and 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.

34. The Improvement Plans shall show provisions for the placement of centralized mail delivery units in the PUE. Developer shall provide a concrete base for placement of the centralized mail delivery unit. Specifications and location of such base shall be determined pursuant to the applicable requirements of the Postal Service and the City Public Works Department, with due consideration for street light location, traffic safety, security and consumer convenience.

35. 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.”