Agenda packet — Yuba City City Council, October 17, 2023 (part 2 of 3)

8.2 Landowner's Right to Terminate. The Landowner shall have the right to terminate this Agreement only under the following circumstances:

8.2.1 The Landowner has found the City in breach of this Agreement, has given the City notice of such breach and the City has not cured such breach within thirty (30) days of receipt of such notice or, if the breach cannot reasonably be cured within such thirty (30) day period, if the City has not commenced to cure such breach within thirty (30) days of receipt of such notice and is not diligently proceeding to cure such breach.

8.2.2 The Landowner is unable to complete the Project because of supersedure by a subsequent law per Section 7.2 or court action.

8.2.3 The Landowner determines, in its business judgment, that it is not practical or reasonable to pursue development of the Property, however if termination occurs for this reason the City reserves the right to revoke any remaining entitlement to develop the property. However, in such event the Landowner shall remain responsible to comply with Section 4.2.7, to complete the infrastructure necessary to serve the completed residential units in the subdivision as reasonably determined by the City, and to secure and maintain uncompleted buildings and structures within the subdivision to the reasonable satisfaction of the City.

8.3 Mutual Agreement. This Agreement may be terminated upon the mutual Agreement of the Parties.

8.4 Effect of Termination.

8.4.1 General Effect. If this Agreement is terminated for any reason, such termination shall not affect any condition or obligation due to the City from the Landowner prior to the date of termination and such termination shall not otherwise affect any other City entitlement or approval with respect to the Property that has been granted prior to the date of termination.

8.5 Recordation of Termination. In the event of a termination, the City and Landowner agree to cooperate with one another in executing a Memorandum of Termination to record in the Official Records of Sutter County within thirty (30) days of the date of termination.

9. Remedies. Either Party may, in addition to any other rights or remedies, institute legal or equitable action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation or enforce by specific performance the obligations and rights of the Parties hereto.

10. Waiver: Cumulative Remedies. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand strict compliance by such other Party in the future. No waiver by a Party of an event of default shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omission by a Party to take any action with respect to such event of default.

No express written waiver of any event of default shall affect any other event of default,

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or cover any other period of time, other than any event of default and/or period of time specified in such express waiver. Except as provided in this Section all of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy.

11. Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties that the Project is a private development. This Agreement is made and entered into for the sole protection and benefit of the Landowner and the City and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. The City and Landowner hereby renounce the existence of any third-party beneficiary to this Agreement and agree that nothing contained herein shall be construed as giving any other person or entity third-party beneficiary status. No partnership, joint venture or other association of any kind is formed by this Agreement.

12. Cooperation in the Event of Legal Claim. In the event any legal action or proceeding is instituted by any third-party challenging the validity of any provision of this Agreement or any action or decision taken or made hereunder, the Parties shall cooperate in defending such action or proceeding.

13. Estoppel Certificate. Either Party may, at any time, and from time-totime, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party: (i) this Agreement is in full force and effect and a binding obligation of the Parties; ii) this Agreement has not been amended or modified either orally or in writing, and if so amended, identifying the amendments; (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing therein the nature and amount of any such defaults; and (iv) the requesting Party has been found to be in compliance with this Agreement, and the date of the last determination of such compliance. A Party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt thereof. The Director shall have the right to execute any certificate requested by the Landowner hereunder. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.

14. Right to Assign or Transfer. The Landowner's rights and responsibilities hereunder may be sold or assigned in conjunction with the transfer, sale or assignment of the Property at any time during the term of this Agreement subject to the following conditions precedent:

14.1 No default by Developer shall be outstanding and uncured as of the effective date of the proposed transfer, unless the City Council has received adequate assurances satisfactory to the City Council that such default shall be cured in a timely manner either by Developer or the transferee under the transfer.

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that the proposed transferee will assume; and (c) the proposed transferee's acknowledgment that such transferee has reviewed and agrees to be bound by this Agreement. The Assumption Agreement shall also include the name, form of entity, and address of the proposed transferee, and shall provide that the transferee assumes the obligations of Developer to be assumed by the transferee in connection with the proposed transfer. The Assumption Agreement shall be recorded in the official records of the County of Sutter concurrently with the consummation of the transfer.

14.3 Prior to the effective date of the proposed transfer, the Developer must obtain the City’s consent in writing to the transfer, which may be evidenced by the City Council’s approval of an Assumption Agreement. City's consent shall not be unreasonably withheld.

Factors the City may consider in determining whether to consent to the transfer include the financial capacity of the proposed transferee to comply with all of the terms of the Agreement and the history, if any, of compliance of transferee, its principals, officers or owners with the provisions of federal or state law, the Yuba City Municipal Code or agreements with the City relating to development projects within the City.

14.4 Mortgagee as Transferee. No Mortgage (including the execution and delivery thereof to the Mortgagee) shall constitute a transfer. A Mortgagee shall be a transferee only upon: (a) the acquisition by such Mortgagee of the affected interest of Developer encumbered by such Mortgagee's Mortgage; and (b) delivery to the City of an Assumption Agreement executed by the Mortgagee pursuant to which the Mortgagee assumes assuming, from and after the date such Mortgagee so acquires its interest, the applicable rights, duties and obligations of Developer under this Agreement. No further consent of the City shall be required for any such transfer to a Mortgagee.

14.5 Effect of Transfer. A transferee shall become a Party to this Agreement only with respect to the interest transferred to it under the transfer and then only to the extent set forth in the Assumption Agreement. If Developer transfers all of its rights, duties and obligations under this Agreement, Developer shall be released from any and all obligations accruing after the date of the transfer under this Agreement. If Developer effectuates a transfer as to only some but not all of its rights, duties and obligations under this Agreement, Developer shall be released only from its obligations accruing after the date of the transfer which the transferee assumes in the Assumption Agreement.
15 Financing. Mortgages, deeds of trust, sales and leasebacks, or other forms of conveyance required for any reasonable method of financing requiring a security arrangement with respect to the Property (“Mortgages”) are permitted without the consent of the City, provided the Landowner complies with the following:

15.1 Mortgagee Protection. This Agreement and any covenants entered into between the Developer and City shall be superior and senior to the conveyance of any Mortgage encumbering any interest in the Property. No default shall defeat, render invalid, diminish or impair the conveyance of any Mortgage made for value, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against any person (including any Mortgagee) who acquires title to the Property or any portion thereof or interest therein or improvement thereon, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise.

15.2 Mortgagee Not Obligated; Mortgagee as Transferee. No Mortgagee shall have any obligation or duty under this Agreement whatsoever, except that nothing

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contained in this Agreement shall be deemed to permit or authorize any Mortgagee to undertake any new construction or improvement in the Sohal Ranch Project Area, or to otherwise have the benefit of any rights of Developer, or to enforce any obligation of the City, under this Agreement, unless and until such Mortgagee elects to become a Transferee in the manner specified in this Agreement. Any Mortgagee that affirmatively elects to become a Transferee shall be later released from all obligations and liabilities under this Agreement upon the subsequent Transfer by the Mortgagee of its interest as a transferee to another person.

15.3 Entitlement to Written Notice of Default. The Mortgagee of a Mortgage or beneficiary of a deed of trust encumbering the Property, or any part thereof, and their successors and assigns shall, upon written request to the City, be entitled to receive from the City written notification of any default by Landowner of the performance of Landowner’s obligations under this Agreement which has not been cured within sixty (60) days following the date of default. Landowner shall reimburse the City for its actual costs, reasonably and necessarily incurred, to prepare this notice of default.

15.4 Priority of Mortgages and Subordination. Landowner shall ensure that all Mortgages subordinate to this Agreement. For purposes of exercising any remedy of a Mortgagee or for becoming a Transferee, the applicable laws of the State of California shall govern the rights, remedies and priorities of each Mortgagee, absent a written agreement between Mortgagees otherwise providing.

15.5 Collateral Assignment. As additional security to a Mortgagee under a Mortgage on the Property or any portion thereof, Developer shall have the right, without the consent of the City, to execute a collateral assignment of Developer’s rights, benefits and remedies under this Agreement in favor of the Mortgagee (a “Collateral Assignment”) on the standard form provided by the Mortgagee.

16. Covenants to Run with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants, and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors, assignees, devises, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the Parties and their respective heirs, successors and assignees. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder: (i) is for the benefit of such properties and is a burden upon such properties; (ii) runs with such properties; and (iii) is binding upon each Party and each successive owner during its ownership of such properties or any portion thereof, and each person having any interest therein derived in any manner through any owner of such properties, or any portion thereof, and shall benefit each Party and its property hereunder, and each other person succeeding to an interest in such properties; provided that no liability or obligation shall accrue to any person, if this Agreement terminates pursuant to Section 8 of this Agreement.

17. Amendment.

17.1 Amendment or Cancellation. Except as otherwise provided in this Agreement, this Agreement may be canceled, modified or amended only by mutual

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consent of the Parties in writing, and then only in the manner provided for in Government Code Section 65868. Minor amendments to this Agreement may be made without a public hearing upon approval of the Development Services Director. "Minor Amendments" shall mean amendments which are similar in significance to the type of minor amendments to land use entitlements that may be made without a full public hearing or approval of the Planning Commission or City Council pursuant to the Yuba City Municipal Code.

17.2 Recordation. Any amendment, termination or cancellation of this Agreement shall be recorded by the City Clerk not later than ten (10) days after the effective date of the action effecting such amendment, termination or cancellation; however, a failure to record shall not affect the validity of the amendment, termination or cancellation.

18. Notices.

18.1 Procedure. Any notice to either Party shall be in writing and given by delivering the notice in person or by sending the notice by registered or certified mail, or Express Mail, return receipt requested, with postage prepaid, to the Party's mailing address.

18.2 Mailing Addresses. The respective mailing addresses of the Parties are, until changed as hereinafter provided, the following:

City: Development Services Director
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
With a copy to: City Manager
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
Landowners: Balbir Sohal Family 2016 Trust
Attn: Narjit Sohal and Balbir Sohal, Trustees
P.O. Box 1651
Yuba City, CA 95992
With a copy to: MHM Incorporated
Attn: Sean Minard
P.O. Box B
Marysville, CA 95901
Either Party may change its mailing address at any time by giving ten (10) days’ notice of such change in the manner provided for in this section. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. Nothing in

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this provision shall be construed to prohibit communication by facsimile transmission, so long as an original is sent by first class mail, commercial carrier or is hand-delivered.

19. Indemnification.

19.1 Third Party Actions. To the furthest extent allowed by law, Developer shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, attorneys, and volunteers from any and all loss, liability, fines, penalties, forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative record preparation costs) arising from, resulting from, or in connection with any Third-Party 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 or a City Agency, that: (a) challenges or contests any or all of this Agreement, the Sohal Ranch Subdivision Map Applications and Approvals, or the Development Approvals; or (b) claims or alleges a violation of CEQA or another law in connection with the certification of the EIR by the City Council or the grant, issuance or approval by the City of any or all of this Agreement, the Sohal Ranch Subdivision Map Applications and Approvals, and the Development Approvals. Developer’s obligations under this Section shall apply regardless of whether City or any of its officers, officials, employees, 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 the termination of this Agreement.

19.2 Damage Claims. The nature and extent of Developer’s obligations to indemnify, defend and hold harmless the City with regard to events or circumstances not addressed in Section 19.1 shall be governed by this Section 19.2. To the furthest extent allowed by law, Developer shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, attorneys, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Developer or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement or the performance of any or all work to be done by Developer or its contractors, agents, successors and assigns pursuant to this Agreement (including, but not limited to design, construction and/or ongoing operation and maintenance of off-site improvements unless and until such off-site improvements are dedicated to and officially accepted by the City). Developer's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, attorneys, or agents are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents, attorneys, or volunteers.

If Developer should subcontract all or any portion of the services to be performed under this Agreement, Developer shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, attorneys, and volunteers in accordance with the terms of the preceding paragraph. The Developer further agrees that the use for any purpose and by any person of any and all of the streets and improvements required under this Agreement, shall be at the sole and exclusive risk of the Developer, at all times prior to final acceptance by the City of the completed street and other improvements, unless any loss, liability, fines, penalties, forfeitures, costs or damages arising from said use were caused by the

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active or sole negligence, or the willful misconduct, of the City or any of its officers, officials, employees, agents or volunteers.

Notwithstanding the preceding paragraph, to the extent that Subcontractor is a “design professional” as defined in Section 2782.8 of the California Civil Code and performing work hereunder as a “design professional” shall, in lieu of the preceding paragraph, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Agreement, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement.

This Section shall survive termination or expiration of this Agreement.

20. Insurance. Prior to starting construction of any phase of the project through the date of City’s final formal acceptance of off-site improvements constructed pursuant to the terms of this Agreement (the “Insurance Period”), Developer shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Public Work’s Director. The following policies of insurance are required:

20.1 Commercial General Liability. Insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage and personal injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement),with limits of liability of not less than $5,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal injury, $5,000,000 general aggregate and $5,000,000 aggregate for products and completed operations and $5,000,000 general aggregate.

20.2 Commercial Automobile Liability. insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 B Any Auto), with combined single limits of liability of not less than $5,000,000 per accident for bodily injury and property damage.

20.3 Workers Compensation. insurance as required under the California Labor Code.

20.4 Employers Liability. with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 policy limit and $1,000,000 for each employee.

In the event Developer purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

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Developer shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Developer shall also be responsible for payment of any selfinsured retentions.

The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers' Compensation policy which shall provide a ten (10) calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Developer shall provide a new certificate evidencing renewal of such policy not less than ten (10) calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Developer shall file with City a new certificate and all applicable endorsements for such policy(ies).

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, attorneys, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Developer's insurance shall be primary, and no contribution shall be required of City. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers. Developer shall have furnished City with the certificate(s) and applicable endorsements for all required insurance prior to start of construction of any phase of development. Developer shall furnish City with copies of the actual policies upon the request of City's Director of Public Works at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement.

If at any time during the Insurance Period, Developer fails to maintain the required insurance in full force and effect, the Director of Public Works, or designee, may order that the Developer, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to ensure that public health and safety is protected. All payments due or that become due to Developer shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. The insurance requirements set forth in this Section are material terms of this Agreement.

If Developer should hire a general contractor to provide all or any portion of the services or work to be performed under this Agreement, Developer shall require the general contractor to provide insurance protection in favor of City, its officers, officials, employees, attorneys, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the general contractor’s certificates and endorsements shall be on file with Developer and City prior to the commencement of any work by the general contractor.

If the general contractor should subcontract all or a portion of the services or work to be performed under this Agreement to one or more subcontractors, Developer shall require the general contractor to require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees, attorneys, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that each subcontractor shall be required to pay for and maintain Commercial General Liability insurance with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal injury, $2,000,000 aggregate for products and completed operations and $2,000,000 general aggregate and Commercial Automobile Liability insurance with limits of liability of not less than less than $1,000,000 per accident for bodily injury and property damage.

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Subcontractors’ certificates and endorsements shall be on file with the general contractor, Developer and City prior to the commencement of any work by the subcontractor. Developer’s failure to comply with these requirements shall constitute a default of this Agreement.

21. Miscellaneous.

21.1 Approvals. Unless otherwise provided herein, whenever approval, consent or satisfaction (herein collectively referred to as an "approval") is required of a Party pursuant to this Agreement, such approval shall not be unreasonably withheld. If a Party shall disapprove, the reasons therefor shall be stated in reasonable detail in writing. Approval by a Party to or of any act or request by the other Party shall not be deemed to waive or render unnecessary approval to or of any similar or subsequent acts or requests. The Parties acknowledge and agree that the intent of the Parties is that this Agreement be construed in a manner that protects the rights granted to Landowner herein to the as allowed by law. Except for the limitations on the exercise by the City of its police power which are provided in this Agreement or which are construed in accordance with the immediately preceding sentence, the Parties further acknowledge and agree that: (a) the City reserves all of its police power and/or statutory or other legal powers or responsibilities; and (b) this Agreement shall not be construed to limit the authority or obligation of the City to hold necessary public hearings, to limit the discretion of the City or any of its officers or officials with regard to rules, regulations, ordinances, laws, and entitlement of use which require the exercise of discretion by the City or any of its officers or officials. This Agreement shall not be construed to limit the obligations of the City to comply with CEQA or any other federal or state law.

21.2 Project Approvals Independent. All approvals that may be granted pursuant to this Agreement, and all approvals or other land use approvals which have been or may be issued or granted by the City with respect to the Property, constitute independent actions and approvals by the City. If any provisions of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if the City terminates this Agreement for any reason, such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any approvals or other land use approvals. In such cases, such approvals will remain in effect pursuant to their own terms, provisions and conditions.

21.3 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of the Property, or of the Project, or any portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever. This proscription does not extend to any portion of the Property that may be dedicated in compliance with any conditions of approval. The Landowner shall have the right to prevent or prohibit the use of the Property, or any portion thereof, including common areas and buildings and improvements located thereon; by any person for any purposes inimical to the operation of a private, integrated Project as contemplated by this Agreement.

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enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

21.5 Construction of Agreement. The provisions of this Agreement and the Exhibits shall be construed as a whole according to their common meaning and not strictly for or against any Party in order to achieve the objectives and purpose of the Parties. The captions preceding the text of each Article, Section, Subsection and the Table of Contents are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. All references to "person" shall include, without limitation, any and all corporations, partnerships or other legal entities.

21.6 Other Necessary Acts. Each Party covenants, on behalf of itself and its successors, heirs and assigns, to take all actions and do all things, and to execute, with acknowledgment or affidavit if required, any and all further instruments, documents and writings as may be reasonably necessary or proper to achieve the purposes and objectives of this Agreement and to secure the other party the full and complete enjoyment of its rights and privileges hereunder.

21.7 Applicable Law. This Agreement, and the rights and obligations of the Parties, shall be construed by and enforced in accordance with the laws of the State of California.

21.8 Equal Authorship. This Agreement has been reviewed by legal counsel for both the Landowner and City, and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this Agreement.

21.9 Time. Time is of the essence of this Agreement and of each and every term and condition hereof. In particular, the City agrees to act in a timely fashion in accepting, processing, checking and approving all maps, documents, plans, permit applications and any other matters requiring the City's review or approval relating to the Project or Property. Subject to extensions of time by mutual consent in writing, unreasonable delay by either party to perform any term or provision of this Agreement shall constitute a default.

21.10 Subsequent Projects. After the effective date of this Agreement, the City may approve other projects that place a burden on the City's infrastructure; however, it is the intent and agreement of the Parties that Landowner's right to build and occupy the Project, as described in this Agreement, shall not be diminished despite the increased burden of future approved development on public facilities.

21.11 Entire Agreement. This written Agreement and the Exhibits contain all the representations and the entire agreement between the Parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits.

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21.12 Form of Agreement: Exhibits. This Agreement is executed in three duplicate originals, each of which is deemed to be an original. This Agreement constitutes the entire understanding and agreement of the parties. Said exhibits are identified as follows:

Exhibit A-1: Property legal description
Exhibit A-2: Sohal Ranch Subdivision
All attachments to this Agreement, including all exhibits referenced herein, and all subparts thereto, are incorporated herein by this reference.

21.13 Attorneys’ Fees. If either Party commences any action for the interpretation, enforcement, termination, cancellation or rescission hereof, or for specific performance of the breach hereof, the prevailing party shall be entitled to its reasonable attorneys’ fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. Attorneys' fees under this Section shall include attorneys' fees on any appeal and any postjudgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.

21.14 Limitation of Legal Acts. In no event shall the City, or its officers, agents, attorneys, or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed that the Developer's sole legal remedy for a breach or violation of this Agreement by the City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.

21.15 Interpretation and Governing State Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objective and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, both Parties having been represented by counsel in the negotiation and preparation hereof. All legal actions brought to enforce the terms of this Agreement shall be brought and heard in the Superior Court of the State of California, County of Sutter.

21.16 Successor Statutes Incorporated. All references to a statute or ordinance, shall incorporate any, or all, successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein to the extent, however, that incorporation of such successor statute or ordinance does not adversely affect the benefits and protections granted to the Developer under this Agreement.

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21.17 Counterparts. This Agreement may be executed in two or more identical counterparts, each of which shall be deemed to be an original and each of which shall be deemed to be one and the same instrument when each Party signs each such counterpart.

21.18 Signature Pages. For convenience, the signatures of the Parties to this Agreement may be executed and acknowledged on separate pages which, when attached to this Agreement, shall constitute this as one complete Agreement.

21.19 Days. Unless otherwise specified in this Agreement, the term “days” means calendar days.

21.20 Authority. The Parties hereby represent that the person hereby signing this Agreement on behalf of each respective Party has the authority to bind the Party to the Agreement.
[SIGNATURES ARE ON THE FOLLOWING PAGE]

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written.
"City"

CITY OF YUBA CITY,
A General Law City
By:

Wade Kirchner, Mayor
Date:
"Landowner"
Balbir Sohal Family 2016 Trust
By: Balbir Sohal Family 2016 Trust
By:

Balbir S. Sohal, Trustee
By:

Narjit K. Sohal, Trustee
Attest:

City Clerk
Approved as to Form:

Shannon Chaffin, City Attorney
Attachments:

Exhibit A-1: Property legal description
Exhibit A-2: Sohal Ranch Subdivision

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Exhibit A-1

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Legal Description

THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SUTTER, CITY OF YUBA CITY, DESCRIBED AS FOLLOWS:

PARCEL ONE: (APN: 065-010-005)
PARCEL 1, AS SHOWN ON PARCEL MAP NO. 763, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SUTTER COUNTY, CALIFORNIA, ON FEBRUARY 27, 1987, IN BOOK 4 OF PARCEL MAPS, AT PAGE 113.

PARCEL TWO: (APN: 065-010-006)
PARCEL 2 OF PARCEL MAP NO. 763, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SUTTER COUNTY, CALIFORNIA ON FEBRUARY 27, 1987 IN BOOK 4 OF PARCEL MAPS, PAGE 113.

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Exhibit A-2

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ATTACHMENT 2

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CITY OF YUBA CITY

PLANNING COMMISSION

STAFF REPORT
Date: September 27, 2023
To: Chair and Members of the Planning Commission
From: Development Services Department
Presentation by: Doug Libby, AICP, Deputy Development Services Director Subject: Tentative Subdivision Map (TSM) 22-02 and an associated Development Agreement (DA): Sohal Ranch Subdivision
Recommendation: A. Conduct a Public Hearing and make the necessary findings to:

B. Adopt a Resolution of the Planning Commission of the City of Yuba City approving Environmental Assessment 22-06 by Adopting a Mitigated Negative Declaration, subject to the proposed Conditions of Approval and Mitigation Measures, and contingently approving Tentative Subdivision Map (TSM) 22-02, Sohal Subdivision, creating 179 SingleFamily Residential lots on approximately 41.36 acres, located at the southeast corner of Lincoln Road and George Washington Boulevard (Assessor’s Parcel Numbers 065-010-005 and 065-010-006); and C. Adopt a Resolution of the Planning Commission of the City of Yuba City recommending the City Council of the City of Yuba City adopt an Uncodified Ordinance approving a Development Agreement for the Sohal Ranch Subdivision (TSM 22-02) between the City of Yuba City and the Balbir Sohal Family Trust, to develop 179 Single-Family Residential lots on 41.36 Acres, located at the southeast corner of Lincoln Road and George Washington Boulevard (Assessor’s Parcel Numbers 065-010-005 And 065-010-006).

Applicant/Owner: Amar Sohal/Balbir Sohal Family Trust.

Project Location: The 41.36 acres is located at the southeast corner of Lincoln Road and George Washington Boulevard. APNs: 065-010-005 and 065-010-006 General Plan: A majority of the property is Low Density Residential (LDR), 2-8 units per acre, with a portion designated as Parks, Recreation and Open Space.

Specific Plan: The property is located in the Lincoln East Specific Plan area which was previously rescinded by the City Council.

Zoning: One-Family Residential (R-1) Zone District

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Planning Commission Item 7
September 27, 2023
2 Project Description:

Tentative Subdivision Map (TSM) 22-02, Sohal Ranch, proposes to subdivide an approximately

41.36-acre property into 179 single-family residential lots, which will include a 2.63-acre park, a

0.11-acre parcel for a sewer lift station, as well as right-of-way dedications and half street improvements for both George Washington Boulevard and Lincoln Road.

The gross density of the project will be approximately 4.7 residences per acre for the LDR designated area, which is well within the established density range. The subdivision access will be via an internal road network of fully improved public streets, with ingress/egress points onto both Lincoln Road and George Washington Boulevard.

The project includes a Development Agreement with a term of 15 years, plus an option for another five years if approved by the City Council, in exchange for the dedication of parkland and payment of an additional per parcel fee for future neighborhood parks. A development agreement (DA) is a binding agreement between the City and developer spelling out items that go beyond standard planning, zoning, development, and design standards. While development agreements are allowed by State law (Government Code Sections 65864 – 65869.5), there are no established rules or policies regarding required deal points. As a result, each agreement is unique and must be considered on its own merits.

In this case, a DA was requested by the applicant. The proposed terms (Section 2.2) include the following:
• TSM 22-02, Sohal Subdivision, shall have an expiration date 15-years from time of approval, with a possible five (5) year extension if requested by the applicant and approved by the City Council, for a total of 20 years.
• The Developer shall dedicate to the City an approximate 2.63-acre neighborhood park and street frontage adjacent to the parkland (2.96 acres total). o The Developer shall construct the full park frontage road improvements prior to obtaining the ninety-eighth (98) building permit within the subdivision. o The developer is not required to construct any onsite park improvements other than to grade the site to drain consistent with City standards. • The Developer shall pay the City’s Park and Recreation Development Impact fee (DIF), as do all residential projects, plus, as a result of the DA, pay an additional $3,206 per parcel neighborhood park fee and provide all of the necessary street improvements to the new parkland street frontage. In return the City will use this money to reimburse the developer for the value of the parkland and the street improvements. If these costs exceed the amount of the DIF fees the applicant would otherwise be required to pay, the developer Table 1: Land Use Summary
Phase Acres Single-family
residential lots Other use
1 12.52 57 A 0.11-acre site for a sewer lift station.
2 7.77 39
3 14.60 83 A 2.65-acre (net) park / detention pond
Right of way
dedication 3.31 Lincoln Rd. & Geo. Washington Blvd.

Total 41.36 179

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Planning Commission Item 7
September 27, 2023
3 will be reimbursed for those excess costs.

The proposed DA is a draft document and may require final edits prior to presentation to the City Council; however, no significant changes to the deal points are anticipated. Any significant revisions would require returning to the Planning Commission for additional consideration.

Background:

The property has been planned for urban growth at least since the adoption of the 2004 General Plan. The property is also located within the former Lincoln East Specific Plan (LESP), which was rescinded by the City Council in 2021. The LESP covered a larger area that was all unincorporated at the time, although within the City’s Sphere of Influence. The City has more recently annexed into the City this property and neighboring properties to the east and south. As City services are currently not extended to this property, construction of the subdivision includes extending City services at the developer’s expense.

Analysis
Compatibility with neighboring uses:

Regarding how this proposed subdivision fits within its surroundings, this urban project will be located in a predominantly agricultural area, nearly surrounded by orchards. However, it is also an area that has been planned for urban uses for almost 20 years. Considering this area has been within the City’s sphere of influence since the 1980s, this area has been recognized for future urban growth for approximately 34 years.
*Since the properties are within the unincorporated area of Sutter County, the Sutter County General Plan and Zoning is currently in effect. The City G.P. designation and zoning will apply once the property is annexed into the City.

Whenever urban development borders agricultural land there is a potential for incompatibility.

This incompatibility could consist of standard farm operations like plowing and spraying that cause noise, dust or spray residue that may affect the residences, or the residents walking their dogs, taking fruit, or riding dirt bikes, through the orchards, impacting the farm operator. Both the City and Sutter County General Plans have buffer policies that consist of distance separation along Table 2: Bordering Information and Uses
County and City General Plan
Land Use Classifications Zoning Existing Land Use
Project Site Low Density Residential (LDR) and
Park
One-Family
Residential (R-1)
Orchard and a small
office building.

North*
County – AG - 20
City - LDR
Estate Residential
(ER) (County)
Ranchette homes
and orchard
East City - LDR R-1 Orchard.

West*
County General Plan– AG - 20
City General Plan - LDR
Agriculture (AG)
(County) Orchard.

South LDR & Medium High Density
Residential (MDR) R-1 Orchard.

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Planning Commission Item 7
September 27, 2023
4 the agricultural/urban interface that minimize the impacts between the potentially conflicting uses.

But those policies are applicable along the edge of the sphere of influence where the buffer is permanent.

The buffer requirement does not apply in this case since General Plan required buffers consist of providing permanent open space uses along the permanent agricultural/urban interface. The buffering does not apply for interim buffering where, at some point in the future, the neighboring agricultural land will also be urbanized. That is the case for this proposed development. The Yuba City Sphere-of influence extends to Township Road. This impact is recognized in the EIRs prepared for both the 2004 General Plan and the Lincoln East Specific Plan, as it was considered a significant impact that cannot be avoided. Overriding considerations were made by the City Council that determined that there are social and economic reasons that override those concerns.

Traffic
The property is served by two primary roads, Lincoln Road runs east-west along the north side of the property, and George Washington Boulevard which runs north-south along the west side of the property. Both are designated in the General Plan to become major arterials in order to better connect this new neighborhood and other future neighborhoods to the urban area. Both roads are currently two-lane roads originally designed to serve an agricultural area. The subdivision is conditioned to construct their half of Lincoln Road and George Washington Boulevard for the lengths of the property. These half streets include two lanes (creating an interim three lane road until the other side is developed), bike lane, landscape strip sidewalk, another landscape strip and six-foot high masonry wall.

The project will also pay its fair share for future improvements to several other nearby intersections, as determined by the LESP EIR. Most of these roads are now included within the City’s development impact fee program but several are not, including the Sanborn Road/Lincoln Road intersection, the Sanborn Road/Bogue Road intersection and paying a fair share for transit improvements to this growing area. These fair share payments are included as mitigations in the Environmental Document (EA 22-06).

Park
The General Plan designates the southeast portion of the project site for a future park. To fulfill that, the proposal is to dedicate approximately 2.63 acres (2.96 acres gross – including street right-of-way) to the City for the park. The developer’s obligation for the park is laid out in the proposed Development Agreement.

Development Agreement:

The resulting public benefit is that this subdivision will pay for almost three acres of new City parkland with all adjoining street improvements completed. Additionally, the project will pay a supplemental neighborhood park development impact fee in the amount of $3,206 per lot in exchange for a longer life on the tentative subdivision map (15 years with a potential 5-year extension for a total of 20 years).

Availability of City services:

City water and wastewater will be extended to the property. Storm drainage will be collected into the City drainage system (to be constructed) and conveyed to the Live Oak Canal which is

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Planning Commission Item 7
September 27, 2023
5 overseen by the Sutter County Water Agency. City Fire services already serve the area.

Due to the existing Master Property Tax Exchange Agreement that is in effect between Sutter County and Yuba City, the Sutter County Sheriff Department will continue to provide law enforcement services to this area until the thresholds outlined in the agreement are met at which time service will switch to the Yuba City Police Department.

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. On September 8, 2023 a Notice of Intent to Adopt a Mitigated Negative Declaration was distributed to responsible and trustee agencies and published in the Appeal Democrat. This commenced a 20-day comment period that ended on September 27, 2023.

During this comment period the City did not receive comments.

Since the original release of Environmental Assessment 22-06 on September 8, 2023, it has been discovered that the Focused Traffic Impact Analysis for Sohal Ranch Subdivision, dated July 28, 2023, prepared by MHM Engineering, was inadvertently omitted from the Environmental Assessment. The Focused Traffic Impact Analysis for Sohal Ranch Subdivision has now been included as Appendix B of Environmental Assessment 22-06, which is attached in full as a part of this staff report. The City did not receive any comments requesting to the review the Focused Traffic Impact Analysis or have expressed opposition to the project because it was not originally included in Environmental Assessment 22-06.

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 findings of the mitigated negative declaration are that, with the proposed mitigations for Biological Resources, Geology and Soils, Noise, Recreation, Greenhouse Gases, Traffic, and Tribal Cultural Resources the 179 single-family residential lot subdivision will not create any significant impacts to the neighborhood or vicinity that are not already identified in the LESP EIR.

As a result, the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA. The proposed mitigation measures are included in the project conditions of approval.

Recommended Action:

A. Conduct a Public Hearing and make the necessary findings to:

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Planning Commission Item 7
September 27, 2023
6 Development Agreement for the Sohal Ranch Subdivision (TSM 22-02) between the City of Yuba City and the Balbir Sohal Family Trust, to develop 179 Single-Family Residential lots on 41.36 Acres, located at the southeast corner of Lincoln Road and George Washington Boulevard (Assessor’s Parcel Numbers 065-010-005 And 065-010-006).

Attachments:

1. Sohal Subdivision Location Map

2. Planning Commission Resolution (EA 22-06, TSM 22-02) Exhibit A: Tentative Subdivision Map 22-02, Sohal Subdivision Exhibit B: Conditions of Approval & Mitigation Measures

3. Planning Commission Resolution (DA)
Exhibit A: Draft Uncodified Ordinance

4. Environmental Assessment 22-06 and the Mitigation Monitoring and Reporting Program

5. Focused Traffic Impact Analysis, dated July 28, 2023

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ATTACHMENT 1

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Service Layer Credits: Source: Esri, Maxar,
GeoEye, Earthstar Geographics, CNES/Airbus
DS, USDA, USGS, AeroGRID, IGN, and the
GIS User Community

LINCOLN RD
S
G
E
O
R
G
E
WA
S
H
NI G
T
O
N
B
LV
D
Tentative Subdivision Map (SM 22-02)
Location Map - Sohal Ranch
I!
EA 22-06
Project Site

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ATTACHMENT 2

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PC 23-24 1
PLANNING COMMISSION RESOLUTION NO. PC 23-24

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF YUBA CITY APPROVING ENVIRONMENTAL ASSESSMENT 22-06 BY ADOPTING A

MITIGATED NEGATIVE DECLARATION, SUBJECT TO THE PROPOSED

CONDITIONS OF APPROVAL AND MITIGATION MEASURES, AND
CONTINGENTLY APPROVING TENTATIVE SUBDIVISION MAP (TSM) 22-02, SOHAL SUBDIVISION, CREATING 179 SINGLE-FAMILY RESIDENTIAL LOTS ON APPROXIMATELY 41.36 ACRES, LOCATED AT THE SOUTHEAST

CORNER OF LINCOLN ROAD AND GEORGE WASHINGTON BOULEVARD
(ASSESSOR’S PARCEL NUMBERS 065-010-005 AND 065-010-006).

WHEREAS, the City received an application from Balbir Sohal Family for Tentative Subdivision Map (TSM) 22-02, Sohal Subdivision, to subdivide 41.36 acres into 179 single-family residential lots and two public use lots, and to develop the property at an overall project density of approximately 4.5 units per acre; and
WHEREAS, the two public use lots include a 0.11-acre site for a sewer lift station and a

WHEREAS, a review of the General Plan and Zoning Regulations determined that the proposed subdivision is consistent with all General Plan Elements and the Zoning Regulations; and
WHEREAS, on September 27, 2023, the Planning Commission concurrently conducted a duly noticed public hearing on TSM 22-02 and the Development Agreement, at which time it received input from City Staff, the applicant; the 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

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PC 23-24 2
WHEREAS, the Planning Commission has reviewed all associated documents prepared for the Project, including those related to application TSM 22-02 and the Development Agreement, and all of the evidence received by the Planning Commission; and WHEREAS, the Planning Commission now desires to contingently approve TSM 22-02 such that no decision of approval of TSM 22-02 becomes final and effective until immediately after the City Council adopts the MND (EA 22-06) and approves the Development Agreement; and if no such approval occurs within 180 days of the adoption of this Resolution, then the Planning Commission intends that TSM 22-02 be set for further consideration and a final decision by the Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

1. Recitals. The Planning Commission hereby specifically finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA 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. 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 Planning Commission finds 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 Planning Commission adopts the Mitigated Negative Declaration prepared for the project and the associated Mitigation Monitoring and Reporting Program dated September 8, 2023, 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 designated as the custodian of the documents and other materials that constitute the record of the proceedings upon which the decision is based. The Planning Commission further authorizes the Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for approval of the project that complies with the CEQA Guidelines.

4. Subdivision Map 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:

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PC 23-24 3
i. The proposed tentative subdivision map is not consistent with the applicable general plan and specific plan.

Evidence: The majority of the property is designated in the General Plan as Low Density Residential. This designation provides for a gross residential density range of 2 to 8 residences per acre. The Project will have a gross residential density of approximately 4.7 residences per acre, which is well within the General Plan density range provided in the Land Use Element. The General Plan also designates a portion of the property as Park and Open Space. Almost three acres of the site is proposed as a park site, thereby implementing this land use designation.

George Washington Boulevard and Lincoln Road are designated in the General Plan as major arterials. With the traffic generated by the subdivision, considering the improvements that will be made to these roads by the Project, as well as fair share contributions for other nearby intersection improvements, as determined in the traffic study prepared for the Lincoln East Specific Plan, the road network will remain within an acceptable level of service and meets City roadway and intersection standards.

The Project is consistent with the Transportation Element of the General Plan The proposed 179 new residential lots are consistent with the Housing Element’s call for additional housing within the City.

As determined in the mitigated negative declaration prepared for the subdivision and accompanying development agreement, with the proposed mitigation measures, there are no significant impacts on any agricultural land, biological resources, water quality, and air quality. Further, the Project will be paying its fair share (development impact fees, supplemental neighborhood park fee, and dedication of a neighborhood park). Thus, the Project is consistent with the Environmental Conservation Element of the General Plan.

The EIR prepared for the Lincoln East Specific Plan called for masonry walls or large setbacks along George Washington Boulevard and Lincoln Road to mitigate potential noise concerns for the new residences. The proposal includes masonry walls along those roadways, ensuring consistency with the General Plan Noise Element. ii. The design and improvement of the tentative subdivision map is not consistent with applicable general and specific plans or adopted City standards.

Evidence. As discussed in item “a” above, this Project is consistent with the City’s General Plan goals and policies including the established density ranges for the LDR designated land and dedication of parkland for the area designated for park/open space development. The Project is conditioned to meet all City development and improvement standards including water, wastewater, stormwater drainage systems, street cross-sections, streetscape landscaping, and park facilities or applicable in-lieu fees. The proposed Project complies with all R-1 Zone District development standards.
iii. That the site is not physically suited for the density of development.

Evidence. The site is level and will be served by the full range of City services, or in

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PC 23-24 4
the case of stormwater drainage, stormwater runoff will be collected by the City’s stormwater system and conveyed to the Sutter County Water Agency facilities where stormwater will be transported to the Sutter By-Pass. The site will accommodate the proposed residential density with a street pattern that meets all City standards and with public street improvements that also meet all City standards. The environmental document prepared for the Project did not find any inadequacies of the property that would provide concerns for the development of the property. iv. That the site is not physically suited for the type of development.

Evidence. The area where this Project is located is mostly designated by the General Plan and Zoning Regulations for single-family residential uses. All City services will be brought to the property that are adequately sized to serve the proposed residential use of the property. There are no known environmental hazards associated with the Project site that would render the site unsuitable for residential development. A smaller portion of the Project is designated for a park, for which an offer of dedication to the City is proposed.
v. 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.

Evidence: Based on the mitigated negative declaration prepared for this Project and the accompanying mitigation measures, the project will not create any significant environmental impacts, including adverse impacts on fish and wildlife. vi. That the design of the subdivision maps or the type of improvements is likely to cause serious public health problems.

Evidence: Every new residential lot will be connected to City water, wastewater, and stormwater drainage systems, which will avoid public health problems. vii. None of the findings in Section 6-9.601 of the Municipal Code is satisfied.

Evidence: This project complies with this finding as the Sutter Butte Flood Control Agency (SBFCA) is the “Local Flood Management Agency” for the Sutter-Butte Basin and as such, has the responsibility to prepare an annual report demonstrating adequate progress as defined in California Government Code Section 645007 (a).

SBFCA has prepared Adequate Progress Report Updates for ULOP and transmitted them to the Central Valley Flood Protection Board. As such this site has adequate flood protection. Additionally, the City has imposed conditions on the Development Plan that will protect property within the area to the urban level in urban areas and urbanizing areas.
viii. 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. There are no known existing easements that will be adversely affected by this subdivision.

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PC 23-24 5

5. Contingent Approval of TSM 22-02 with Conditions. Based on the aforementioned findings, the Planning Commission hereby approves TSM 22-02, Sohal Subdivision, as shown in Exhibit A, subject to the conditions and mitigation measures as set forth in Exhibit B attached hereto, which approvals are contingent upon the following:
a. The approval of SM 22-02 shall become final and effective immediately only after the City Council of the City of Yuba City i) adopts the Mitigated Negative Declaration (EA 22-06) and ii) approves the associated Development Agreement (collectively “Council Approvals”). If all of the Council Approvals are not made within 180 days of the adoption of this Resolution, then SM 22-02 shall be returned to the Planning Commission for further consideration and a final decision. If Council Approvals are made within 180 days of the adoption of this Resolution, but any change is made by the Council to any of the Council Approvals in a manner that could reasonably affect the findings of the Planning Commission hearing, or require a modification or addition of a condition of approval to be consistent with a Council Approval, then SM 22-02 shall be returned to the Planning Commission for further consideration and a final decision.

6. Final Action and Appeals. This action shall become final and effective 10 days after, and only upon, the Council Approvals including the MND and adoption Planned Development No. 15, unless within such 10 days an appeal is filed with the City Clerk in accordance with the provisions of the Yuba City Zoning Ordinance.

The foregoing resolution was introduced at the regular meeting of the Planning Commission held on September 27, 2023, by Commissioner _______ who moved its adoption, which motion was seconded by Commissioner _______ and carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

By order of the Planning Commission of the City of Yuba City. ___________________________________
Jackie Sillman, Planning Commission Chair
ATTEST:
_____________________________________________
Benjamin Moody, Secretary to the Planning Commission
Attachments:

Exhibit A: Sohal Subdivision, Tentative Subdivision Map 22-02 Exhibit B: Conditions of Approval and Mitigation Measures for TSM 22-02

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EXHIBIT A

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SOHAL PARK

2.63 ACRES (NET)

2.96 ACRES (GROSS)

CYPRESS DRIVE
57 56
53 52 51 50 49 48 54 47 46 55
38 39 40 41 42 43 37 44 45 36
33 32 31 30 29 28 34 27 26 35 23 27 26 25 24 23 25 24 22 15 16 17 18 19 20 13 14 21
12 71
16 17 18 19 20 21 14 15 13
12 11
10 9
8 7
6 5
4 3
28 29 30 31 32 33 34
35 36
37 38
39 A
CARVO
065-010-004
ELLIS
22-040-068
BOYER
22-040-009

BARMANN
22-040-010
BAINS REV 12 TR
22-010-006
BAINS REV 12 TR
065-010-001
1 2
3 PACIFIC GROVE DRIVE

PASATIEMPO DRIVE

SEASCAPE DRIVE

STONE EAGLE WAY

DARKHORSE WAY

OLYMPIC WAY

SOHAL WAY

AMAR COURT

CYPRESS DRIVE

PACIFIC GROVE DRIVE
SO GEORGE WASHINGTON BLVD.

LINCOLN ROAD

55.0' 55.0' 23.1'

PEBBLE WAY

55.0' 55.0' 55.0' 55.0' 55.0' 55.0'
118.0'

55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0'

55.0' 55.0' 55.0'
121.5'
102.6'
111.8'
111.8'
111.9'
CARVO
065-010-003
SANDHU
065-010-008
CHOHAN
22-040-088
BAINS 12 TR
22-020-008
22 55.0' 71.1'

55.0' 55.0'

55.0' 55.0'
159.8'
150.5' 42.4' 37.7' 136.1'
647.2'
110.5'

55.0' 55.0' 55.0' 55.0'

GOLF WAY

56.0' 56.0' 77.4'
A
429.4'

71.7'

40.5'

71.9'

15.0'

83.9' 114.2' 100.4'

29.8'

42.1'

15.0'
120.0'

82.4' 45.5' 18.7'
219.0'
128.0'
128.0'
11 10
9 8
7 6
5 4
3 2
1 60 59 58 57 56 55 54 53 52 51 50 49 48
2 1
23 22
21 20
19 18 17 16 15 14 13
24 25 26 27 28 29 30 31 32 33 34 35 36 37
61 62 63 64 65 66 67 68 69 70 72 73 74 75 76 77 78 79 80 81 82 83

69.4' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0'
38 39 40 41 42
47 46 45 44 43
7 6
5 4
3 2 12 11 10
9 8
113.5'
159.7' 406.3'
118.5'
118.5'
118.2'
118.2'
118.2'
118.3'
118.3'
118.3'
118.3'
118.3'
118.3'
118.3'

50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0'

50.0' 50.0' 50.0' 50.0'
127.1'

68.7' 110.4'
132.1'
112.2'
118.2'

50.0'

74.5' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0'
122.5'

55.0'
102.5'

54.5' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.5'
122.5'
122.5'
122.5'
122.5'
102.5'

75.5'

49.5' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.5' 102.5'
122.5'

70.5'
122.5'

50.0' 50.0'
122.5'
122.5'

50.0' 50.0' 50.0' 50.0'
122.5'
122.5'
122.5'
102.5'

69.5' 50.0' 50.0' 50.0'
122.5'
122.5'
122.5'
102.5'

74.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'

55.0' 55.0' 75.5' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0'
102.5'

54.5' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.5' 102.5' 102.5'

55.0' 55.0' 55.5' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 54.5'

71.2' 217.6'

28.0'
130.5'

90.5'

55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 18.5' 55.0'
130.5'
130.5'
130.5'
130.5'
130.5'
130.5'
130.5'
130.5'

55.0' 55.0' 30.9' 54.0' 55.0' 55.0'

90.5'
130.5'
130.5'
130.5'
130.5'
130.5'

55.0' 55.0' 69.1' 55.0' 55.0' 55.0' 74.5' 55.0' 55.0'
102.5'

54.5' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 49.1'
102.5'

55.0' 55.0' 49.1'
122.5' 122.5'
122.5'
122.5'
122.5'
122.5'
102.5'

55.0' 55.0' 55.0' 54.5' 55.0' 55.0'
102.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'

55.0' 55.0' 62.3' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 74.5' 55.0' 55.0' 122.5'
122.5'
122.5'

69.0' 50.0' 50.0'

49.0' 50.0'
102.5' 102.5'

54.5' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 62.1' 122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'

50.0' 55.0' 19.9' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'

50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 55.0' 55.0' 57.8' 121.7'
121.7'
121.6'

55.0' 24.3' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 56.0' 121.4' 121.5' 121.5' 121.5' 121.6' 122.5'
122.5'
122.5'
122.5'
122.5'

69.5' 50.0' 50.0'
102.5'

50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0'

50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'

49.5' 50.0'

50.0' 50.0' 50.0' 50.0' 50.0' 50.5'

50.0' 50.0' 70.5' 50.0' 50.0' 50.0'
122.5'
122.5'
122.5'
122.5'
122.5'
122.5'
102.5' 98.5'

50.5'
118.5'
118.5'
118.5'
118.5'
118.5'

50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0'
118.5'
118.5'
118.5'

50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 50.0' 49.5' 50.0' 118.5'
118.5'
118.5'
118.5'

98.5'
118.5'
118.5'
118.5'
118.5'

50.0' 50.0'

81.3'

56.0' 50.0' 50.0' 26.3' 121.3' 121.2' 121.2'
112.3'
1 299.9'
182.8'
139.1'

50.0' 50.0' 55.0' 50.0' 50.0' 50.0' 60.0'

98.4'

40.0' 50.0' 50.0' 50.0' 50.0' 50.0'
112.1'
118.4'
118.4'
118.4'
118.4'
118.4'
118.4'
STONE EAGLE WAY SOHAL PARK 2.63 ACRES (NET) 2.96 ACRES (GROSS) 5756 54 53 52 51 50 49 48 47 46 55 38 39 40 41 42 43 37 44 45 36 34 33 32 31 30 29 28 27 26 35 24 23 27 26 25 24 23 25 22 15 16 17 18 19 20 13 14 21 1271 14 15 16 17 18 19 20 21 13 121110 9 8
76 54
3 28 29 30 31 32 33 34
35 36
3738
39 A
1 2
3 22
A
11 10 9 8 7 6 5 4 3 2 1
60 59 58 57 56 55 54 53 52 51 50 49 48
21 232221
20 19 18 17 16 15 14 13
24 25 26 27 28 29 30 31 32 33 34 35 36 37
61 62 63 64 65 66 67 68 69 70 72 73 74 75 76 77 78 79 80 81 82 83 38 39 40 41 42
47 46 45 44 43
7 6 5 4 3 2 12 11 10 9 8
1 0 20' 40' 80' 160'
LOT SUMMARY*
VILLAGE NO. 1 = 57 LOTS 12.52 AC 4.55 DU/ACVILLAGE NO. 2 = 39 LOTS 07.77 AC 5.02 DU/ACVILLAGE NO. 3 = 83 LOTS 14.69 AC 5.65 DU/AC SUBTOTAL = 179 LOTS 34.98 AC 5.12 DU/AC
(RESIDENTIAL)
SOHAL PARK 2.96 ACSEWER LIFT STATION (LOT A) 0.11 AC
LINCOLN ROAD 1.72 AC
SO GEORGE WASH BLVD. 1.59 AC
SUBTOTAL = 6.38 AC
(NON-RESIDENTIAL)
TOTAL = 41.36 AC 4.33 DU/AC
*ALL DENSITIES EXCLUDE MAJOR ROADWAYS. THE MAJOR
ROADWAYS ARE LINCOLN ROAD AND GEORGE WASHINGTON BLVD.

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: 065-010-005)PARCEL 1, AS SHOWN ON PARCEL MAP NO. 763, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SUTTER COUNTY,CALIFORNIA, ON FEBRUARY 27, 1987, IN BOOK 4 OF PARCEL MAPS, AT PAGE 113.PARCEL TWO: (APN: 065-010-006)PARCEL 2 OF PARCEL MAP NO. 763, FILED IN THE OFFICE OF

THE COUNTY RECORDER OF SUTTER COUNTY, CALIFORNIA
ON FEBRUARY 27, 1987 IN BOOK 4 OF PARCEL MAPS, PAGE 113.

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

ENGINEER
SCALE 1' = 60'

LOCATION MAP

FIRE PROTECTION

SERVICE AREA G - CITY OF YUBA CITY

FIRE DEPARTMENTLAW ENFORCEMENT

CITY OF YUBA CITY POLICE

SANITARY SEWER

CITY OF YUBA CITY PUBLIC WORKS

DOMESTIC WATER

CITY OF YUBA CITY PUBLIC WORKS

STORM DRAINAGE

CITY OF YUBA CITY PUBLIC WORKS

AND SUTTER WATER AGENCY

ELECTRICITY

PACIFIC 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 TENTATIVE SUBDIVISION MAP.

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 DESTROYED PRIOR TO CONSTRUCTION.7. STREET TREES SHALL BE PLANTED PURSUANT TO CITY 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 ZONING R-1

PROPOSED ZONING
R-1LEVEE PROTECTION
LEVEE DISTRICT NO. 1 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
BALBIR SOHAL FAMILY TRP.O. BOX 1651
YUBA CITY, CA 95992
CONTACT: AMAR SOHAL
PHONE: (530) 790-5288

APPLICANT
BALBIR SOHAL FAMILY TRP.O. BOX 1651
YUBA CITY, CA 95992
CONTACT: AMAR SOHAL
PHONE: (530) 790-5288ENGINEER/SURVEYORMHM INCORPORATED
1204 E STREET, P.O. BOX B
MARYSVILLE, CA 95901
CONTACT: SEAN MINARD, P.E., P.L.S.

PHONE: (530) 742-6485
ASSESSOR'S PARCEL NO.APN 065-010-005 (20.1 AC)APN 065-010-006 (20.1 AC)AREA OF TENTATIVE MAP

40.2 GROSS ACRE
SURVEYORS STATEMENT:

I HEREBY STATE THAT ALL EASEMENTS OF RECORD

ARE SHOWN AND LABELED PER PRELIMINARY

TITLE REPORT BY PLACER TITLE COMPANY ORDER
NUMBER P-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
MARCH 10, 2022 REVISED JULY 18, 2023

YUBA CITY, CALIFORNIA

TENTATIVE SUBDIVISION TRACT MAP
SM 22-02 (SOHAL RANCH)
2INDICATES PROPOSED PHASE
CITY OF YUBA CITY APPROVAL:

THE CITY OF YUBA CITY PLANNING COMMISSION HAS CONSIDERED AND APPROVED RESOLUTION 23-0XX APPROVING TENTATIVE SUBDIVISION MAP NO. 2022-002 DURING THE PLANNING COMMISSION MEETING ON ______________, 2023. ______________________________________________ CITY OF YUBA CITY DATE:

SCALE 1' = 1000'
SO GEO WASH BLVD.

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

PACIFIC GROVE DRIVE (OPTIONAL)

CYPRESS DRIVE

PASATIEMPO DRIVE

STONE EAGLE WAY (OPTIONAL)

DARKHORSE WAY

SOHAL WAY

AMAR COURT

PEBBLE WAY (OPTIONAL)
B MINOR RESIDENTIAL - 38.0' R/W (DETACHED)

19.5'
PSE
DETACHED SIDEWALK OPTION. THEPLANTER STRIP SHALL ALSO BE USEDFOR STORM WATER MITIGATION.

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 OLYMPIC WAY (OPTIONAL)

SEASCAPE DRIVE (OPTIONAL)

GOLF WAY (OPTIONAL)

ALL CUL-DE-SAC AND KNUCKLES ARE ATTACHED (OPTIONAL)
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 FEET
WITH 10 FEET BEHIND SIDEWALK
AND 2 FEET UNDERSIDEWALK.

OHLEYER ROAD

SANBORN ROAD

10.0'

LANDSCAPE
PUE

2.5' 6.0'

60.5' ROADWAY

BARRIER CURB
& GUTTER
TYPE "A" ASPHALT

34.0' @ 2%
CLASS 2 A.B.

8.0'
FUTURE 6'-8' SOUND WALL PL
(SOLID WALL)

12.0'

TURN LANE

OR MEDIAN

11.0'
TRAVEL
LANE

6.0'
BIKE
LANE

11.0'
TRAVEL
LANE

SIDEWALK
4 LANE ARTERIAL - 121.0' R/W

D NOT TO SCALE LINCOLN ROAD (LOOKING EAST)

10.0'

LANDSCAPE
PUE

6.0' 2.5'
TYPE "A" ASPHALT

34.0' @ 2%
CLASS 2 A.B.

8.0'
PL FUTURE 6'-8' SOUND WALL
(SOLID WALL)

SIDEWALK

11.0'
TRAVEL
LANE

6.0'
BIKE
LANE

11.0'
TRAVEL
LANE

60.5' ROADWAY

ROLLED CURB
& GUTTER
SO GEO WASH BLVD.

RUTH AVENUE

LINCOLN ROAD

SANBORN ROAD
IN AREA ADJACENT TO THE EXISTING ESTATE RESIDENTIAL,THERE SHALL BE NO SOLID WALL REQUIRED. THE PROPERTYLINE SHALL BE LOCATED ONE-HALF (½) FOOT BEHIND CURB SIMILAR TO TYPICAL ATTACHED INTERIOR STREET ROADSECTION.

12.0'

LANDSCAPE
PUE

2.5' 5.0'

55.5' ROADWAY

BARRIER CURB
& GUTTER
TYPE "A" ASPHALT

30.0' @ 2%
CLASS 2 A.B.

6.0'
FUTURE 6'-8' SOUND WALL PL
(SOLID WALL)

12.0'

TURN LANE

OR MEDIAN

SIDEWALK
2 LANE COLLECTOR - 111.0' R/W

C NOT TO SCALE SO GEO WASH BLVD (LOOKING NORTH)

12.0'

LANDSCAPE
PUE

5.0' 2.5'
TYPE "A" ASPHALT

30.0' @ 2%
CLASS 2 A.B.

6.0'
PL FUTURE 6'-8' SOUND WALL
(SOLID WALL)

SIDEWALK

12.0'
TRAVEL
LANE

8.0'

PARKING

55.5' ROADWAY

ROLLED CURB
& GUTTER

6.0'
BIKE
LANE

12.0'
TRAVEL
LANE

8.0'

PARKING

6.0'
BIKE
LANE
EXISTING PARCEL LINE.

SHALL BE REMOVED AS
PART OF FINAL MAP.

GOOD NEIGHBOR WOOD

FENCE, DECORATIVEFENCE, OR SOLID WALL

GOOD NEIGHBOR WOOD

FENCE, DECORATIVE FENCE,

OR SOLID WALL

SEWER LIFT STATION
LOCATION. IF NOT UTILIZED,
THE PARCEL WILL BEINCORPORATED INTO UNIT 2 -
LOT 34 AND 35.

ROAD IMPROVEMENTS INCLUDING ROW,

CURB, GUTTER, AND SIDEWALK SHALL BE
PAID FOR BY THE CITY OF YUBA CITY.

SIDEWALK SHALL BE ATTACHED TO
REDUCE IMPACT ON EXISTING HOMES.

Page 178 of 374 ends

EXHIBIT B

Page 179 of 374 ends

1 CITY OF YUBA CITY

CONDITIONS OF APPROVAL
TENTATIVE SUBDIVISION MAP 22-02
SEPTEMBER 27, 2023

SOHAL RANCH
APNs: 065-010-005 and 065-010-006

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 ten (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,

Page 180 of 374 ends

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 non-compliance with the conditions of approval for the project. Applicant/property owner shall also be required, upon request of the City, to deposit two month’s estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a positive balance pending tender of payment by Applicant/property owner as noted herein.

2. The lot design on the subdivision maps shall be designed in substantial conformance with the TSM 22-02, dated July 18, 2023, as appropriate, and as approved by the Planning Commission.

3. The development and operation of the project shall comply with all CEQA mitigation measures identified in Environmental Assessment 22-06, dated September 8, 2023.

4. Development is to comply with all applicable traffic mitigations and/or improvements determined in the traffic analysis that was conducted for the Lincoln East Specific Plan.

Page 181 of 374 ends

3 5. Development of the neighborhood park shall be consistent with the approved Development Agreement.

6. 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. a) The Developer or Representative shall obtain an Encroachment Permit from the City prior to performing any work within public rights of way.

7. To limit visibility, to provide privacy, and to minimize conflicting views of adjacent properties, the Tentative Map dated July 18, 2023 is restricted as follows: Phase 1, lot 22 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.

8. The Developer shall coordinate with United States Postal Service in regards to relocating the existing mailboxes, adjacent to the subdivision, located along the south side of Lincoln Road, to either a centralized mail delivery unit or to the north side of the road in coordination with applicable property owners. On site mail delivery is to be maintained throughout construction.

9. If any phase develops and a proposed road “dead-ends” into a future phase, then the “dead-end” will need a temporary cul-de-sac constructed at the end. In addition, a fire hydrant will need to be installed near the temporary cul-de-sac if the “dead-end” is located more than 250 feet from the next nearest fire hydrant (in the phase being constructed), or at a location determined by the Yuba City Fire Marshal.

10. Road improvements along Lincoln Road, from the east boundary of the tentative map to the intersection with S. George Washington Blvd, along the south right of way, are to be constructed including road widening, curb and gutter, sidewalk along the entire length of Lincoln Road frontage, and the curb return and ADA ramp at the intersection of S. George Washington Blvd and Lincoln Road or as otherwise determined by the Public Works Director. Necessary right of way and easements are to be dedicated with Phase One and/or Phase Two of the Final Map.
a) Road work adjacent to APN 65-010-003 and APN 65-010-004 (between lot 22 of Phase 1 and lot 28 of Phase 2) is to be constructed. Work is to include a widened travel way, bike lane, curb, gutter, and sidewalk within existing right of way, with a modified road section as approved by the Public Works Director to facilitate construction. The City will reimburse the Developer actual costs upon completion of improvements via Road Impact Fee Credits with terms to be finalized in the subdivision/improvement agreement with Developer prior to construction. The City will coordinate to acquire any necessary right-of-way prior to construction.

Road work shall be constructed prior to the issuance of the first certificate of occupancy in Phase 1 or Phase 2, whichever goes first, or as otherwise determined by the Public Works Director.

11. Road improvements along S. George Washington Blvd, from the south boundary of the tentative map to the intersection with Lincoln Road, along the east right of way, are to be constructed including road widening, curb and gutter, sidewalk along the entire length of S. George Washington Blvd, and the curb return and ADA ramp at the intersection of S.

George Washington Blvd and Lincoln Road or as otherwise determined by the Public

Page 182 of 374 ends

4 Works Director. Necessary right of way and easements are to be dedicated with Phase One and/or Phase Three of the Final Map.

12. The Developer shall, prior to the issuance of the first certificate of occupancy for any phase, construct a solid 6-foot high chain link fence across the right-of-way of the road that “dead-ends” into a future phase. The chain link fence shall connect to 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.

13. 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.

14. 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.

15. 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.

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

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 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. 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.

21. The contractor shall obtain an Encroachment Permit from the City and/or County prior to performing any work within public rights of way.

Page 183 of 374 ends

5 22. 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.

23. The Developer shall dedicate right-of-way to the City as follows, or as approved by the Public Works Director:
a) S. George Washington Blvd: on the east side, shall have right-of-way dedicated to a width of 55.5 feet (centerline to back of new 6.0-foot-high block wall), including a

12.0-foot PUE.
b) Lincoln Road: on the south side, shall have right-of-way dedicated to a width of 60.5 feet (centerline to back of new 6.0-foot-high solid wall), including a 12.0-foot-wide PUE dedicated with 2.0-foot located underneath the sidewalk and 10.0-feet located between sidewalk and property.
c) Dedication is not required as part of this project in front of APN 65-010-003 and 65- 010-004.
d) Interior residential streets:
i) Detached sidewalk (Cypress Drive, Pasatiempo Drive, Amar Court, Darkhorse Way, and Sohal Way) -- 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 (Seascape Drive, Golf Way, and Olympic Way) -- 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) Optional detached or attached (Pacific Grove Drive, Stone Eagle Way, and Pebble Way) -- Design of the optional shall be as required in i) and ii) above. e) All necessary right of way and easements are to be dedicated with the recordation of the Final Map.

24. The Developer shall construct frontage improvements to City standards as follows, or as approved by the Public Works Director:
a) S. George Washington Blvd:
i) 30.0-foot-wide asphalt road section - centerline of S. George Washington Blvd/Lincoln 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) 12.0-foot wide public utility easement adjacent to the sidewalk with landscaping and irrigation
vi) 6.0-foot high solid wall
vii) streetlights
viii)fire hydrants
ix) storm drainage facilities
x) barricade
xi) roadway striping
xii) roadway signage
b) Lincoln Road:
i) 34.0-foot-wide asphalt road section - centerline of S. George Washington Blvd/Lincoln Road to lip of gutter
ii) 2.5-foot wide barrier curb and gutter

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6 iii) 8.0-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) 12.0-foot-wide public utility easement with 2.0-foot located underneath the sidewalk and 10.0-feet located between sidewalk and property vi) 6.0-foot high solid wall
vii) streetlights
viii)fire hydrants
ix) storm drainage facilities
x) barricade
xi) roadway striping
xii) roadway signage
c) Lincoln Road in front of APN 65-010-003 and 65-010-004 (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):
i) 34.0-foot wide asphalt road section - centerline of Lincoln Road to lip of gutter ii) 2.5-foot wide barrier curb and gutter
iii) 6.0-foot wide attached sidewalk
iv) Relocate the existing mailbox to the back of sidewalk or incorporate into the centralized mail delivery unit.
d) Interior residential streets:
i) Detached sidewalk (Cypress Drive, Pasatiempo Drive, Amar Court, Darkhorse Way, and Sohal Way) -- 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.
(3) 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.
ii) Attached sidewalk (Seascape Drive, Golf Way, Olympic Way) -- 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. iii) Optional detached or attached (Pacific Grove Drive, Stone Eagle Way, and Pebble Way) -- Design of the optional shall be as required in i) and ii) above.

25. 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.

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7 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.

26. 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.

27. 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/stormwater_m anagement

28. 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 ditches on the north side of Lincoln Road, and the ditches to the west, are to be utilized as part of the drainage improvements. In addition, any culverts, between the proposed development and the Live Oak Canal that would transport storm water, shall be analyzed to ensure they can handle the additional runoff from the proposed development.

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

30. 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 (Lincoln Road, South George Washington Blvd)
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.

31. 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.

32. 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.

33. 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.

34. 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.”

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9 d. "The Contractor(s) shall be required to maintain traffic flow on affected roadways during non-working hours, and to minimize traffic restriction during construction.

The Contractor shall be required to follow traffic safety measures in accordance with the “California Manual of Uniform Traffic Control Devices, latest edition.” The City of Yuba City emergency service providers shall be notified, at least two working days in advance, of proposed construction scheduled by the contractor(s).”
e. “Soil shall not be treated with lime or other cementitious material without prior express permission by the Public Works Department.”
f. “Where an excavation for a trench and/or structure is five (5) feet deep or more, the contractor shall conform to O.S.H.A. requirements. The contractor shall provide a copy of the approved O.S.H.A. permit, and shoring details and calculations prepared by California licensed structural engineer to the Public Works Department, prior to beginning construction.”
g. “Should any field conditions, conflicts, errors, and/or omissions be overlooked during the design review process, or during construction of the development, then any additional work identified during construction shall be implemented by the Developer at the Developer’s expense.”

PRIOR TO ACCEPTANCE OF THE PUBLIC IMPROVEMENTS

35. 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.

36. In addition to the street lights provided on the interior streets, street lights shall be installed along the east side of S. George Washington Blvd and along the south side of Lincoln Road, the length of the proposed development.

37. Prior to backfilling, the Developer shall vacuum test all manholes to ensure no leakage will occur.

38. Prior to final paving, and/or as directed by the Public Works Director, 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.

39. The contractor shall maintain record drawings of the improvements and keep them on site at all times. When the project is complete, the contractor shall deliver a marked set of plans to the Engineer of Record. The Engineer of Record shall update the improvement plans with the record information. Once the changes have been added to the plans, the Engineer of Record shall submit both an electronic copy (Civil 3D version 2017 or newer) and a hard copy to the City. The City will not accept the completion of the improvements until the electronic copy and hard copy have been submitted.

40. The existing utility poles along the property frontage on S. George Washington Blvd 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 S.

George Washington Blvd is determined to be 960 lineal feet or as otherwise determined by the Public Works Director.

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10 41. The utility poles, and associated overhead utility, within the project boundaries shall be removed as that phase develops.

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

PRIOR TO FINAL MAP RECORDATION

43. Public improvements shall be designed and constructed in accordance with City Standards, including current Water / Wastewater Master Plans and Specific Plan documents, or as approved by the Public Works Director to help coordinate phased development. Costs are to be determined and reflected in the Subdivision Agreement.

44. 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.

45. 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, block walls, any detention / water quality basin(s) or devices, and the neighborhood park. The Engineering Division shall be reimbursed actual costs associated with the formation of the district.

46. The Post Construction Statement of Responsibility shall be recorded at the Sutter County Recorder’s Office.

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

PRIOR TO ISSUANCE OF A BUILDING PERMIT

48. 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.

49. 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.

PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY

50. 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.

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11 51. 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.

52. 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.

53. The Developer shall construct a solid, six-foot-tall, good neighbor style wood fence, installed along the property line(s) adjacent to Assessor Parcel Number 65-010-003 and 65-010-004. Construction of the fence is to be completed prior to issuance of a certificate of occupancy for lots 22, 23, 24, 25, and 26 of Phase 1 and lot 28 of Phase 2, or as approved by the Development Services Director.

MITIGATION MEASURES
Impact Mitigation Measure Responsible
Party
Monitoring
Party Timing

3.4 Biological
Resources
Biological Resource
Mitigation Measure 1: Preconstruction Nesting
Surveys: Pre-construction
surveys for nesting raptors
should be conducted on trees
within the subject property if
construction activities occur
between March 1 and
September 15 pursuant to
California Department of Fish
& Wildlife requirements. These
surveys should be
accomplished no later than 7
days prior to commencement
of tree removals and grading
activities. If nesting raptors are
discovered, the Project
biologist shall identify and
implement appropriate
mitigation, subject to City
review and approval, to ensure
protection of the raptors prior to
any tree removals.

Developer Development
Services
Dept.

Prior to the
construction
phase

3.7 Geology and
Soils
Paleontological Mitigation
Measure 1: This Mitigation
Measure shall be placed as a
note on the Demolition and
Grading Plans. If
paleontological resources are
found, the construction
manager shall halt all activity
and immediately contact the
Development Services
Department at 530-822-4700.

Developer Development
Services
Dept
During
construction
phase

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12 Mitigation shall be conducted
as follows:

1. Identify and evaluate
paleontological resources
by intense field survey
where impacts are
considered high;

2. Assess effects on
identified sites;

3. Consult with the
institutional/academic
paleontologists conducting
research investigations
within the geological
formations that are slated
to be impacted;

4. Obtain comments from the
researchers;

5. Comply with researchers’
recommendations to
address any significant
adverse effects were
determined by the City to
be feasible.

In considering any suggested
mitigation proposed by the
consulting paleontologist, the
City’s Community
Development Department Staff
shall determine whether
avoidance is necessary and
feasible in light of factors such
as the nature of the find,
project design, costs, Specific
or General Plan policies and
land use assumptions, and
other considerations. If
avoidance is unnecessary or
infeasible, other appropriate
measures (e.g., data recovery)
shall be instituted. Work may
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 shall
comply with the GHG
Reduction Measures provided
in the adopted Yuba City
Resource Efficiency Plan.

Developer Development
Services
Dept.

Prior to
issuance of
building
permits.

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13 3.17. Transportation
and Traffic
Traffic Mitigation Measure 1:

The project applicant(s) shall
contribute its fair share of the
cost to provide public transit
service and additional parkand-ride space for the plan area as determined by the City
of Yuba City through
participation in a benefit or
assessment district or through
a separate agreement
between the applicant(s), the
City of Yuba City, and YubaSutter Transit. At a minimum, service is expected to include
the following components.
• Fixed-route bus
service connecting
the plan area to
existing Yuba-Sutter
Transit service with a
minimum of hourly
headways during
normal operating
hours.
• Demand-responsive
service meeting ADA
paratransit
requirements in the
plan area.
• Expansion of peak
period (AM and PM)
weekday commuter
bus service to
downtown
Sacramento.
• Expansion of parkand-ride space.

Costs shall include the capital
costs of transit vehicles and
facilities as well as the
operating and maintenance
cost of the service beyond
what would be paid for through
the transportation
development act (TDA)
funding.

Public Works
Dept.

Prior to
recordation
of the
subdivision
map

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14 development act (TDA)
funding.

Traffic Mitigation Measure 2:

For Bogue Road/Sanborn
Road - until this intersection is
added to the City’s Traffic
Impact Fee Study Program, the
project applicant(s) shall pay a
fair-share to install a traffic
signal at the Bogue
Road/Sanborn Road
intersection. If it is added to
the City’s Fee Study Program
the project applicant(s) shall be
responsible for complying with
the Fee Study Program.

Traffic Mitigation Measure 3:

Lincoln Road Sanborn Road,
until this intersection is added
to the City’s Traffic Impact Fee
Study Program the project
applicant shall pay a fair share
to install a traffic signal and
construct one left-turn lane and
one shared through/right-turn
lane on all approaches at the
Lincoln Road/Sanborn Road
intersection.

3.18. Tribal Cultural
Resources
Tribal Cultural Resources
Mitigation 1: 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
Developer Development
Services
Dept.

During
construction
phase

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15 place, including through
project redesign. Culturally
appropriate treatment may be,
but is not limited to, processing
materials for reburial,
minimizing handling of cultural
objects, leaving objects in
place within the landscape,
returning objects to a location
within the project area where
they will not be subject to future
impacts. The Tribe does not
consider curation of TCR’s to
be appropriate or respectful
and request that materials not
be permanently curated,
unless approved by the Tribe.

The contractor shall implement
any measures deemed by the
CEQA lead agency to be
necessary and feasible to
preserve in place, avoid, or
minimize impacts to the
resource, including but limited
to, facilitating the appropriate
tribal treatment of the find, as
necessary. Treatment that
preserves or restores the
cultural character and integrity
of a Tribal Cultural Resource
may include Tribal monitoring,
culturally appropriate recovery
of cultural objects, and reburial
of cultural objects or cultural
soil.

Work at the discovery location
cannot resume until all
necessary investigation and
evaluation of the discovery
under the requirements of
CEQA, including AB 52 has
been satisfied.

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ATTACHMENT 3

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PC 23-25
1 PLANNING COMMISSION RESOLUTION NO. PC 23-25

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF YUBA CITY (PLANNING COMMISSION) RECOMMENDING THE CITY COUNCIL OF THE

CITY OF YUBA CITY ADOPT AN UNCODIFIED ORDINANCE FOR A

DEVELOPMENT AGREEMENT FOR THE SOHAL RANCH SUBDIVISION (TSM 22-02) BETWEEN THE CITY OF YUBA CITY AND THE BALBIR SOHAL FAMILY TRUST, TO DEVELOP 179 SINGLE-FAMILY LOTS ON 41.36 ACRES,

LOCATED AT THE SOUTHEAST CORNER OF LINCOLN ROAD AND GEORGE WASHINGTON BOULEVARD (ASSESSOR’S PARCEL NUMBERS 065-010-005 and 065-010-006).

2.63-acre (net) parcel for a City park. All of the new lots meet City development standards and will be provided full City services; and
WHEREAS, this property was recently annexed into Yuba City’s city limits and the property owner wished to develop their property to urban levels; and WHEREAS, there is also a requested Development Agreement that accompanies the subdivision, which must be approved by the City Council; and WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), with the City, as the Lead Agency, the Planning Commission reviewed related Environmental Assessment 22-06 which was prepared for this subdivision and the development agreement, (collectively “Project”) considering a Mitigated Negative Declaration (MND) prepared for the Project, which concluded that this Project, with new mitigations as well as mitigations from the previously approved EIR for the Lincoln East Specific Plan (LESP), will not generate any new significant environmental impacts not previously considered by the LESP EIR; and
WHEREAS, a review of the General Plan and Zoning Regulations determined that the proposed subdivision is consistent with all General Plan Elements and the Zoning Regulations; and
WHEREAS, on September 27, 2023, the Planning Commission concurrently conducted a duly noticed public hearing on TSM 22-02 and the Development Agreement, at which time it received input from City Staff, the applicant; the 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, the Planning Commission has reviewed all associated documents prepared for the Project, including those related to application TSM 22-02 and the Development Agreement, and all of the evidence received by the Planning Commission; and

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PC 23-25
2 WHEREAS, the Planning Commission now desires to recommend approval of the Development Agreement associated with TSM 22-02 to the City Council; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

1. Recitals. The Planning Commission hereby specifically finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA Finding. The Planning Commission recommends that the City Council find and determine, that 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 Planning Commission finds 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 Planning Commission recommends the City Council adopt the Mitigated Negative Declaration prepared for the Project, including the associated Mitigation Monitoring and Reporting Program, 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 Planning Commission further recommends the City Council authorize the Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for approval of the Project that complies with the CEQA Guidelines.

4. Development Agreement Findings. Pursuant to the Government Section Code 65864 through 65869.5 and in light of the record before it including the staff report and all attachments, and all evidence and testimony heard at the public hearing for this item, and in light of all evidence and testimony provided in connection with the entitlements for the Sohal Ranch Subdivision, the Planning Commission recommends the City Council make the following findings pertaining to the Development Agreement.
a. The proposed Development Agreement is consistent with the goals and policies of the General Plan, its purposes, and applicable Specific Plan(s).

Evidence: The proposed subdivision creating 179 single-family residential lots is

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PC 23-25
3 consistent with the land use originally adopted as part of the Lincoln East Specific Plan (LESP) but that plan was later vacated; however, the land use pattern remains in effect as part of the General Plan. The Project’s overall density of approximately 4.7 dwelling units per acre are consistent with the General Plan Land Use Element that provides for a density range of 2-8 dwellings per acre for the Low-Density Residential (LDR) designation.

Consistent with General Plan Policy 6.1-I-3, this development will dedicate parkland to the City and pay in-lieu fees toward neighborhood parks in addition to the Park and Recreation development impact fee to contribute to the City’s Park system. Consistent with General Plan Policy 4.4-I-1, the proposed project has designed residential streets with sidewalks, planting strips and traffic calming elements to create a pedestrian-friendly environment. b. The Development Agreement is consistent with and furthers a number of goals and objectives identified in the City’s General Plan.

Evidence: This Project is consistent with the City’s General Plan goals and policies including the established density ranges for LDR designated land. The Project is conditioned to meet all City development and improvement standards including water, wastewater, stormwater drainage systems, street cross-sections, streetscape landscaping, and park facilities or applicable in-lieu fees. The proposed Project will be subject to compliance with R-1 development standards.

Overall, the Project proposed by the Development Agreement represents a productive use of site that is compatible with surrounding anticipate future neighboring uses and offers Yuba City residents new residential opportunities that will support retail, entertainment, and employment uses in the City.
c. Water Supply Assessment.

Evidence: A water supply assessment is not required for this Project because the proposed 179 lot subdivision is less than the 500 dwelling unit threshold required by California Government Code Section 66473.7 (a) (1) and does not meet the definition of a subdivision to require a water supply assessment.
d. The project has adequate flood protection.

Evidence: On August 16, 2022, the City Council of the City of Yuba City adopted Resolution No. 22-121, acting as the land use agency, accepting evidence in support of a finding of 200-year urban level of flood protection due to the facilities of the State Plan of Flood Control have been rehabilitated by the Sutter Buttes Flood Control Agency through the Feather River West Levee Project.

4. Recommendation of Approval of the Development Agreement. Based on the information provided above, the Planning Commission recommends to the City Council of Yuba City adopt and ordinance to approve a development agreement between the City of Yuba City and Balbir Sohal Family Trust, a copy of which is attached hereto as Exhibit A.

5. Effective Date of Resolution. This Resolution shall become effective immediately.

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PC 23-25
4 The foregoing Resolution was duly and regularly introduced, passed and adopted by the Planning Commission at a regular meeting thereof held on September 27, 2023, by the following vote:

Ayes:

Noes:

Absent:

Recused:

By order of the Planning Commission of the City of Yuba City.

Jackie Sillman, Planning Commission Chair
ATTEST:

Benjamin Moody, Secretary to the Planning Commission
Attachments:

Exhibit A: Draft Ordinance to Adopt Development Agreement

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EXHIBIT A

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ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF

YUBA CITY AND BALBIR SOHAL FAMILY TRUST FOR THE SOHAL RANCH SUBDIVISION (SM 22-02), ON 41.36 ACRES LOCATED AT THE SOUTHEAST

CORNER OF LINCOLN ROAD AND GEORGE WASHINGTON BOULEVARD
(ASSESSOR’S PARCEL NUMBERS 065-010-005 and 065-010-006).

2.63-acre (net) parcel for a City park. All of the new lots meet City development standards and will be provided full City services; and
WHEREAS, this property was recently annexed into Yuba City’s city limits and the property owner wished to develop their property to urban levels; and WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), with the City, as the Lead Agency, the Planning Commission reviewed related Environmental Assessment 22-06 which was prepared for this subdivision and the development agreement, (collectively “Project”) considering a Mitigated Negative Declaration (MND) prepared for the Project, which concluded that this Project, with new mitigations as well as mitigations from the previously approved EIR for the Lincoln East Specific Plan (LESP), will not generate any new significant environmental impacts not previously considered by the LESP EIR; and
WHEREAS, a review of the General Plan and Zoning Regulations determined that the proposed subdivision is consistent with the General Plan and Zoning Regulations; and WHEREAS, a development agreement between Balbir Sohal Family Trust and the City of Yuba City, is also proposed to extend the expiry period of the tentative subdivision map to 15- years and may be extended an additional 5-years, subject to City approval. Additionally, the agreement provides for funding for the development of neighborhood parks consistent with existing established land-use; and
WHEREAS, the development agreement was considered in Environmental Assessment (EA) 22-06, where a Mitigated Negative Declaration is proposed; and WHEREAS, on September 27, 2023, the Planning Commission concurrently conducted a duly noticed public hearing on TSM 22-02 and the Development Agreement, at which time it received input from City Staff, the applicant; the 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, by a _______ vote the Planning Commission adopted a Resolution contingently approving TSM 22-02, subject to City Council approval of the Development Agreement and take related action regarding the project; and

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WHEREAS, Sections 65864-65869.5 of the California Government Code authorize the City to enter into development agreements and requires the planning agency of the City to find the proposed Development Agreement to be consistent with the policies and programs of the General Plan and any applicable specific plan, which the Planning Commission has done; and WHEREAS, Government Code Section 65865 authorizes the City to enter into development agreements with any person having a legal or equitable interest in real property, which interest Developer has in the affected property; and WHEREAS, pursuant to California Government Code Sections 65867 and 65090, the City published a legal notice of the public hearing regarding the proposed Development Agreement to be held by the City Council on __________________. In addition, a public hearing notice was mailed to each property owner within at least 300 feet of the project site, indicating the date and time of the public hearing regarding the Development Agreement; and WHEREAS, the City Council considered the provisions of the Development Agreement at a public hearing on ________________, and all interested parties were given an opportunity to be heard regarding the Agreement, and thereafter the City Council introduced this Ordinance; and
WHEREAS, the City Council has adopted a Mitigated Negative Declaration in connection with Tentative Subdivision Map TSM 22-02, related to the Sohal Ranch Subdivision; and WHEREAS, the Development Agreement was assessed by the Mitigated Negative Declaration, which identified that implementation of the proposed Project would require certain approvals, including approval of the Development Agreement by the City, and which Development Agreement was included within the scope of the project and was environmentally assessed in the Initial Study; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred, and the City Council desire to approve a Development Agreement between the City of Yuba City and Balbir Sohal Family Trust by adoption of this Ordinance.

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

1. Recitals: The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. California Environmental Quality Act (CEQA) Findings: The City Council find that an environmental assessment/ initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. 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 Planning Commission recommends the City Council find that feasible mitigation measures or alternatives have been incorporated into the project in order to avoid the effects to a point where clearly no significant effect on the environment will occur. The project-specific mitigation measures

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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 MND and Mitigation Monitoring and Reporting Program. Based on the foregoing, the City Council adopts the Mitigated Negative Declaration prepared for the project, including the associated Mitigation Monitoring and Reporting Program, 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 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 authorizes the Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for approval of the project that complies with the CEQA Guidelines.

4. Development Agreement Findings: Pursuant to the Government Section Code 65864 through 65869.5 and in light of the record before it including the staff report (and all attachments), and all evidence and testimony heard at the public hearing for this item, and in light of all evidence and testimony provided in connection with the entitlements for the Sohal Ranch Subdivision, the City Council makes the following findings pertaining to the Development Agreement.
a. The proposed Development Agreement is consistent with the goals and policies of the General Plan, its purposes, and applicable Specific Plan(s).

Evidence: The proposed subdivision creating 179 single-family residential lots is consistent with the land use originally adopted as part of the Lincoln East Specific Plan (LESP) but that plan was later vacated; however, the land use pattern remains in effect as part of the General Plan. The Project’s overall density of approximately 4.7 dwelling units per acre are consistent with the General Plan Land Use Element that provides for a density range of 2-8 dwellings per acre for the Low-Density Residential (LDR) designation. Consistent with General Plan Policy 6.1-I-3, this development will dedicate parkland to the City and pay in-lieu fees toward neighborhood parks in addition to the Park and Recreation development impact fee to contribute to the City’s Park system. Consistent with General Plan Policy 4.4-I-1, the proposed project has designed residential streets with sidewalks, planting strips and traffic calming elements to create a pedestrianfriendly environment. b. The Development Agreement is consistent with and furthers a number of goals and objectives identified in the City’s General Plan.

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5. Approval of the Development Agreement. Based upon the findings outlined in Sections 2-4 above, the City Council adopts an ordinance to approve a Development Agreement between the City of Yuba City and Balbir Sohal Family Trust, a copy which is attached hereto as Attachment “A.”

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. Effective Date: This ordinance shall be in full force and effect thirty (30) days after its passage. However, the Agreement shall not become operative until the affected property is annexed into the City within the time specified by the Agreement.

8. Certification: The City Clerk shall certify to the adoption of this ordinance, and shall cause the same to be posted and codified in the manner required by law.

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Introduced and read at a regular meeting of the City Council of the City of Yuba City on the _____ day of ___________, 2023 and passed and adopted at a regular meeting held on the ____ day of ______, 2023.

AYES:

NOES:

ABSENT:

___________________________
Wade Kirchner, Mayor
ATTEST:
___________________________
Ciara Wakefield, City Clerk Administrator
APPROVED AS TO FORM:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment “A”: Sohal Ranch Subdivision (TSM 22-02) Development Agreement

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ATTACHMENT “A”

SOHAL RANCH SUBDIVISION

DEVELOPMENT AGREEMENT

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1 Recording Requested by:

Development Services Department
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA
When Recorded Mail To:

City Clerk
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
DOCUMENT WILL BE RETURNED TO NAME &. ADDRESS IDENTIFIED ABOVE [Space Above for Recorder's Use]

DEVELOPMENT AGREEMENT
by and between

BALBIR SOHAL FAMILY TRUST
and

CITY OF YUBA CITY
A General Law City
(Sohal Ranch Development Agreement)

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2 DEVELOPMENT AGREEMENT
by and between

NARJIT SOHAL

AND BALBIR SOHAL AS TRUSTEES OF THE BALBIR
SOHAL FAMILY 2016 TRUST
and

CITY OF YUBA CITY,
A General Law City
(Sohal Ranch Development Agreement)
THIS DEVELOPMENT AGREEMENT dated _______________, 2023 (Effective Date), at Yuba City, California (hereinafter referred to as "Agreement"), is entered into by and between Narjit Sohal And Balbir Sohal As Trustees Of The Balbir Sohal Family 2016 Trust(hereinafter referred to as "Sohal Ranch Landowner,” “Landowner” or “Developer”) and the City of Yuba City, a general law city, created and existing under the laws of the State of California (hereinafter referred to as "the City"), pursuant to the authority of Sections 65864-65869.5 of the Government Code of the State' of California.

RECITALS
A. State Authorization. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the Government Code (the "Development Agreement Statute"), which authorizes the City to enter into a binding property development agreement with any person having a legal or equitable interest in real property for the development associated with such property in order to establish certain development rights in the property which is the subject of the development project application.

B. City Procedure and Requirements. The City has implemented the provisions of Government Code Section 65864 et seq. and is authorized to enter into development agreements with persons having legal or equitable interests in real property located in the City.

C. Landowner. The Landowner is Balbir S. Sohal and Narjit K. Sohal as trustees of the Balbir Sohal Family 2016 Trust, dated June 8, 2016.

D. Property. The subject of this Agreement is the development of that certain property commonly known as Sohal Ranch, consisting of approximately 41.36 acres located in the County of Sutter, as described in Exhibit A-I and depicted in Exhibit A-2, attached hereto and incorporated herein by reference (referred to as "the Property”). Landowner owns the Property in fee and represents that all other persons holding legal or equitable interests in the Property shall be bound by this Agreement.

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3 E. Lincoln East Specific Plan (“Specific Plan” or “LESP”). The Property is located within the area that used to be part of the Lincoln East Specific Plan. The LESP was rescinded by action of the City Council by adoption of Ordinance 009-21 on October 19, 2021.

F. Project. The development of the Property is in accordance with the City's General Plan, as amended, and approval of Tentative Subdivision Map 22-02 and Environmental Assessment 22-06, referred to herein as the "Project.” G. The Mitigated Negative Declaration. The City examined the environmental effects of this Agreement and the Development Approvals in the Mitigated Negative Declaration (the "MND") (SCH No. 2023090155) prepared pursuant to the California Environmental Quality Act (CEQA). The City Council reviewed and approved the MND as adequate and complete as part of the approval of the Development Approvals.

H. Purposes. The Landowner and City desire to enter into an agreement for the purpose of implementing the plan for subdividing and development of Sohal Ranch as set forth herein and Development Approvals and for mitigating the environmental impacts of such development as identified in the environmental document. The City has an expressed interest in ensuring the proper growth of the community by entering into Development Agreements as a method whereby a level of assurance can be achieved to meet that interest. The City has determined that the development of Sohal Ranch pursuant to the proposed Tentative Subdivision Map 22-02 is a development for which a Development Agreement is appropriate. A Development Agreement will provide certain benefits to the City; will eliminate uncertainty in the City's land use planning for and secure orderly development of the Property in accordance with the policies and goals set forth in the City's General Plan. The Landowner has incurred and will incur substantial costs in order to comply with the conditions of approval and to assure development of the Property in accordance with this Agreement. In exchange for these benefits to the City and the public, the Landowner desires to receive assurance that the City shall grant permits and approvals required for the development of the Property in accordance with the Existing City Laws, subject to the terms and conditions contained in this Agreement. In order to effectuate these purposes, the Parties desire to enter into this Agreement.

I. Entitlements Needed Prior to the Development Agreement. The application for approval of this Agreement and the appropriate CEQA documentation required for approval of this Agreement, including:
• Tentative Subdivision Map 22-02 (approvals may occur after adoption of the Development Agreement).
• Environmental Assessment 22-06 (Approval of the Mitigated Negative Declaration).

The entitlements are collectively referred to as “Development Approvals.” J. Reserved.

K. Development Agreement Adoption. After conducting a duly noticed public hearing and making the requisite findings, the City Council, by the adoption of an

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4 Ordinance approved this Agreement and authorized its execution. The City has determined that this Agreement furthers the public health, safety and general welfare, that the provisions of this Agreement are consistent with the goals and policies of the General Plan and the provision of a neighborhood park and payment of fees as specified in Section 4.2.6 and 4.2.7 of this Agreement is a community benefit. The City and Developer have determined that the project is a development for which this Agreement is appropriate. This Agreement will eliminate uncertainty regarding Development Approvals and certain subsequent development approvals, thereby encouraging planning for, investment in and commitment to use and develop the Property. Continued use and development of the Property is anticipated to, in turn, provide the following substantial benefits and contribute to the provision of needed infrastructure for area growth, thereby achieving the goals and purposes for which the Development Agreement laws were enacted, including (1) providing for the development of unused land; (2) providing increased tax revenues for the City; (3) providing for jobs and economic development in the City; and (4) providing for infrastructure improvements that can be utilized by regional users and future users.

L. Consistency with Yuba City General Plan. Development of the Property in accordance with this Agreement will provide for orderly growth and development in accordance with the policies set forth in the City General Plan, as amended and the Development Approvals. Having duly examined and considered this Agreement and having held properly noticed public hearings hereon, the City Council finds and declares that this Agreement is consistent with the General Plan of the City and with the Development Approvals.

M. Landowner Payments for the Costs of Public Infrastructure, Facilities, and Services. Landowner agrees to pay the costs of such City of Yuba City public facilities and services as herein provided to mitigate impacts of the development of the Property, and City agrees to assure that Landowner may proceed and complete development of the Property, in accordance with the terms and conditions of this Agreement. City's approval of development of the Property as provided herein is in reliance upon and in consideration of Landowner's agreement to make such payments toward the costs of public improvements and services as herein provided to mitigate the impacts of development of the Property.

N. Development Agreement Ordinance. City and Landowner have taken all actions mandated by and fulfilled all requirements set forth in the California Government Code Sections 65864 through 65869.5 regulating the use of development agreements.

O. Flood Hazard. The City has imposed conditions on the project that will protect the property to the urban level of flood protection in urban and urbanizing areas. Such conditions may also be implemented as conditions of tentative maps or other entitlements.

NOW THEREFORE, pursuant to the authority contained in Government Code Sections 65864-65869.5, and in consideration of the mutual covenants and promises contained herein, the adequacy and sufficiency of which is hereby acknowledged, the Landowner and the City, each individually referred to as a Party and collectively referred to as the Parties ("Parties"), agree as follows:

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5 AGREEMENT

1. General Provisions.

1.1 Incorporation of Recitals. The Preamble, the Recitals and all defined terms set forth in both, are hereby incorporated in this Agreement as if set forth herein in full.

1.2 Definitions. In addition to the defined terms in the Preamble and the Recitals, each reference in this Agreement to any of the following terms shall have the meaning set forth below for each such term. Certain other terms shall have the meaning set forth for such term in this Agreement.

1.2.1 Approvals. Any and all permits or approvals of any kind or character required under the City Laws in order to develop the Project, including, but not limited to, architectural review approvals, building permits, site clearance and demolition permits, grading permits and utility connection permits.

1.2.2 City Laws. The ordinances, resolutions, codes, rules, regulations and official policies of the City govern the permitted uses of land, density, design, improvements and construction standards and specifications applicable to the development of the Property. Specifically, but without limiting the generality of the foregoing, City Laws shall include the City's General Plan, the Zoning Regulations of the City of Yuba City, and the Subdivision Regulations of the City of Yuba City.

1.2.3 Conditions. All conditions, exactions, fees or payments, dedication or reservation requirements, obligations for on or off-site improvements, services or other conditions of approval called for in connection with the development of or construction on the Property under the existing City Laws, whether such conditions of approval constitute public improvements, or mitigation measures in connection with environmental review of any aspect of the Project.

1.2.4 Director. The Director of the Development Services Department.

1.2.5 Existing City Laws. The City Laws in effect as of the Effective Date of this Agreement.

1.2.6 Laws. The laws and Constitution of the State of California, the laws and Constitution of the United States and any codes, statutes or executive mandates in any court decision, state or federal, thereunder.

1.2.7 Mortgagee. “Mortgagee” means: (a) the holder of the beneficial interest under a Mortgage; (b) the lessor under a sale and leaseback Mortgage; and (c) any successors, assigns and designees of the foregoing.

1.2.8 Party. A signatory to this Agreement: or a successor or assign of a signatory to this Agreement.

1.2.9 Property. The Property is that property described and shown on Exhibits A-I and A-2. It is intended and determined that the provisions of this

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6 Agreement shall constitute covenants which shall run with the Property and the benefits and burdens hereof shall bind and inure to all successors-in-interest to the parties hereto.

2. Effective Date: Term.

2.1 Recordation. Not later than ten (10) days after the Effective Date, the Parties shall cause this Agreement to be recorded in the Official Records of the County of Sutter, State of California, as provided for in Government Code Section 65868.5. However, failure to record this Agreement within ten (10) days shall not affect its validity or enforceability by and between the Parties.

2.2 Term. Except as provided herein, the term of this Agreement shall commence on the Effective Date and terminate fifteen (15) years thereafter; provided, however, that the initial term may be extended for an additional five (5) year term upon approval by the City Council after first receiving a recommendation by the Planning Commission, if the Parties have not completed their obligations pursuant to Section 4 (“Term”), for a total of twenty (20) years. Following the expiration of the Term, this Agreement shall be deemed terminated and be of no further force and effect; provided, however, said termination of the Agreement shall not affect any right or duty emanating from City Entitlements on the Property approved concurrently with or subsequent to the approval of this Agreement.

3. General Development of the Project.

3.1 Project: Vested Entitlements.

3.1.1 Reserved.

3.1.2 Development of the Property shall be governed by this Agreement, and the Development Approvals. This Agreement does not impose affirmative obligations on the Landowner to commence development of the Project, or any phase thereof, in advance of its decision to do so.

3.1.3 The permitted uses of the Property, the density and intensity of use, including, but not limited to, minimum landscape areas, maximum lot coverage, minimum and maximum number of parking spaces, and the allowable floor area ratios), and provisions for public improvements and all mitigation measures and conditions required or imposed in order to minimize or eliminate environmental impacts or any impacts of the Property applicable to development of the Property, are as set forth in ordinances, policies, and standards in effect as of the Effective Date and are hereby vested subject to the provisions of this Agreement ("Vested Entitlements").

3.2 Project Phasing. Landowner and City acknowledge and agree that the Project is designed to be developed in phases. The Parties also acknowledge and agree that presently the Landowner cannot predict the timing of the Project phasing.

Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that failure of the Parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the Parties' agreement, it is the Parties' intent to cure that deficiency by acknowledging and providing that the Landowner shall have the right to

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7 develop the building components of the Project in phases in accordance with the Development Approvals and at such times as the Landowner deems appropriate within the exercise of its subjective business judgment and the provisions of this Agreement.

3.3 Other Government Permits. The Landowner or City (whichever is appropriate) shall apply for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Project (such as public utility districts, Gilsizer County Drainage District, the U.S. Army Corps of Engineers, or Cal Trans) as may be required for the development of, or provision of services to, the Project. The City shall promptly and diligently cooperate, at no cost or damage to the City, with the Landowner in its endeavors to obtain such permits and approvals and, from time-to-time at the request of the Landowner, and shall attempt with due diligence and in good faith to enter into binding agreements with any such entity in order to assume the availability of such permits and approvals of services. To the extent allowed by law, the Landowner shall be a party or third-party beneficiary to any such agreement and shall be entitled to enforce the rights of the Landowner or City thereunder or the duties and obligations of the parties thereto.

3.4 Additional Fees. Except as set forth in this Agreement, the City shall not impose any further or additional fees, taxes or assessments, whether through exercise of the police power, the taxing power, or any other means, other than those required by Existing City Laws and this Agreement, provided that:

3.4.1 Community Facilities District. Prior to the approval of any final map within the area covered by this Agreement, the Developer shall be required to enter into a Community Facilities District ("CFD") or similar funding mechanism acceptable to the City for the purpose of funding on-going operational costs for police, fire, and other government services and for the on-going maintenance costs for road and park facilities.

Developer shall cooperate in the formation or annexation to the CFD or funding mechanism, and irrevocably consents herewith to the levy of such special taxes, establishment of funding mechanisms, or collection of other fees or charges, as are necessary to fund the operational and/or maintenance costs.

3.4.2 The City may charge the Landowner the standard processing fees for land use approvals, building permits and other similar permits, which are in force and effect on a City-wide basis at the time application is submitted for those permits.

3.4.3 City shall have the authority to enact or increase development impact fees provided the fees are consistent with the fees applied to other properties in the City or area wide that is similarly situated.

3.4.4 If the City exercises its taxing power in a manner which will not change any of the conditions applicable to the Project and so long as any taxes are uniformly applied on a City-wide or area-wide basis, as defined below, the Property may be so taxed, which tax shall be consistent with the taxation of other properties in the City or area wide that is similarly situated.

3.4.5 If state or federal laws are adopted which enable cities to impose fees on existing projects and if, consequently, the City adopts enabling legislation and imposes fees on existing projects on a City-wide basis, these fees may be imposed on

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8 the Project, which fees shall be consistent with the fees imposed on other properties in the City similarly situated.

3.4.6 Landowner shall pay the following fees:
i. City-wide development impact fees, which may include but not be limited to:
• Parks and Recreation
• Community Civic Center
• Fire Protection
• Library Services
• Police Protection
• Roadways/Traffic
• Flood Protection/Levee Improvements
• City Corporation Yard
• Drainage
• Administration Component
• Connection and Trunk Line Fees (Water and Sewer)
• Applicable County development impact fees
ii. A supplement to the Park and Recreation Development Impact Fee shall be paid pursuant to Section 4.2.6 of this Agreement. iii. Any fees that Developer is obligated to directly pay to any Federal, State, County or local agency (other than any City Agency) under applicable Federal, State, County or local law.
iv. Any fees the City is legally required to collect for other State or Federal agencies pursuant to State or Federal law or any City agreement or City ordinance that the City is legally mandated or required to adopt or enter into to comply with State or Federal law or a judgment of a court of law, but only to the extent necessary to satisfy such compliance.

Fees shall be paid at the then-applicable rate in effect at the time building permits are obtained. Certain City fees may be deferred to prior to issuance of a certificate of occupancy if otherwise allowed by City ordinance, regulation, or policy.

The parties also acknowledge that the City is currently assessing a publicly administered fee program for the area. If adopted, this program may impose fee(s) applicable to the entire area including the Property. Landowner agrees to pay such fee(s) once adopted by the City. Nothing in this Agreement shall preclude Landowner from objecting to or contesting the adoption of the fees in the same manner as any other member of the public.

3.4.7 The Parties acknowledge that the provisions contained in this Section 3.4 are intended to implement the intent of the Parties that the Landowner has the right to develop the Project pursuant to specified and known criteria and rules, and that the City receives the benefits which will be conferred as a result of such

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9 development without abridging the right of the City to act in accordance with its powers, duties and obligations.

3.5 Applicable Laws and Standards. Notwithstanding any change in any Existing City Law, including but not limited to, any change by means of ordinance, resolution, initiative, referendum, policy or moratorium, and except as otherwise provided in this Agreement, the laws and policies applicable to the Property are set forth in Existing City Laws (regardless of future changes in these by the City), and this Agreement. The Project has vested rights to be built and occupied on the Property, provided that the City may apply and enforce the Uniform Building Code (including the Uniform Mechanical Code, Uniform Electrical Code and Uniform Plumbing Code) and Uniform Fire Code and all applicable hazardous materials regulations in effect at the time the Landowner applies for any particular building permits for any particular building or other development aspect of the Project.

3.6 Application of New Laws. Nothing herein shall prevent the City from applying to the Property new federal, state or City Laws that are not inconsistent or in conflict with the Existing City Laws or the intent, purposes or any of the terms, standards or conditions of this Agreement; and which do not alter the terms, impose any further or additional fees or impose any other conditions requiring additional traffic improvements requirements or additional off-site improvements that are inconsistent with this Agreement or the intent of this Agreement. Any action or proceeding of the City that has any of the following effects on the Project shall be considered to be in conflict with this Agreement and the existing City Laws, and shall not be applied by the City to the Project or this Agreement:

3.6.1 Limiting the uses permitted on the Property;

3.6.2 Limiting or reducing the density or intensity of uses, the maximum height, the allowable floor area ratios, the required number of parking spaces, increasing the amount of required landscaping or reservations and dedications of land for public purposes;

3.6.3 Limiting the timing or phasing of the Project in any manner that is inconsistent with or more restrictive than the provisions of this Agreement;

3.6.4 Limiting the location of building sites, grading or other improvement on the Property in a manner that is inconsistent with or more restrictive than the limitations included in this Agreement; or

3.6.5 Applying to the Project or the Property any law, regulation, or rule restricting or affecting a use or activity otherwise allowed by this Agreement.

3.7 Moratorium, Quotas, Restrictions, or Other Limitations.

Without limiting the City's standard application processing procedures, no moratorium or other limitation affecting building permits or other land use entitlements, or the rate, timing or sequencing thereof shall apply to the Project.

3.8 Easements: Improvements. The City shall cooperate with the Landowner in connection with any arrangements for abandoning existing utility or other easements and facilities and the relocation thereof or creation of any new easements

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10 within the Property necessary or appropriate in connection with the development of the Project.

3.9 Farming Rights. The City shall acknowledge that the Landowner shall have the right to continue to farm the non-developed portion of the property until such time as development becomes feasible.

4. Developer Obligations

4.1 Public Improvements: Developer shall be responsible for constructing and financing the public infrastructure improvements necessary to serve the Project.

Developer agrees to dedicate, construct or acquire the improvements or facilities and to perform the obligations set forth in this Section at its expense, subject only to those reimbursements and credits as specified in this Agreement. Public infrastructure improvements shall be designed and constructed in accordance with the improvement plans approved by City for such improvements, and in accordance with the requirements and regulations pursuant to California State law.

4.2 Developer Obligations. Developer shall be obligated to construct and finance the public infrastructure improvements as called out in the BSMP Public Facilities Finance Plan and as provided below, in accordance with the BSMP and consistent with the City's infrastructure Master Plans. Developer shall be required to post appropriate financial security with City prior to recordation of Final Maps, consistent with Project conditions of approval and as called out in the Public Facilities Financing Plan. The developer may be entitled to fee credits as provided in Section 5.1.

4.2.1 Roads. Roads shall be constructed per the approved phased infrastructure improvement matrix per the tentative map conditions of approval, and as provided in the approved tentative maps or other discretionary City permits. On-site improvements shall be as per project approvals and approved improvement plans.

4.2.2 Lincoln Road Frontage Improvements for 2810 Lincoln Road and 2836 Lincoln Road. Developer agrees to construct roadway improvements along the frontage of 2810 Lincoln Road and 2836 Lincoln Road in accordance to the road section shown on the Sohal Ranch Tentative Map SM 22-02 or as otherwise approved by the Community Development Director. The City agrees to obtain all right-of-way and reimburse Developer for associated roadway construction improvement construction at the time of City acceptance of public improvements. The City shall reimburse the Developer actual costs including surveying, design, construction, permitting, staking, environmental, etc. at the time City acceptance of public improvements. The City shall perform all right-of-way acquisition at their sole cost and expense prior to Developer starting work. If the City is not able to or elects not to obtain additional right-of-way, the City could consider modification of the road section improvements for developer implementation to avoid additional right-of-way needs.

4.2.3 Storm Drainage. Developer shall provide necessary on-site and off-site improvements for storm drainage consistent with Project conditions of approval and as required by the City. Improvements shall be constructed for the approved phased infrastructure improvement per the tentative map conditions of approval and as provided in the approved tentative maps or other discretionary City permits.

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11 4.2.4 Sewer. Developer shall construct sewer lines consistent with the Master Plan and conditions of approval of the tentative maps and other discretionary City permits. Improvements shall be constructed for the approved phased infrastructure improvement per the tentative map conditions of approval, Planned Development, and as provided in the approved tentative maps or other discretionary City permits.

4.2.5 Water. Developer shall construct water line improvements consistent with the Master Plan and conditions of approval of the tentative maps and other discretionary City permits. Developer shall also be responsible for all on-site water line improvements. Improvements shall be constructed for the approved phased infrastructure improvement per the tentative map conditions of approval, Planned Development, and as provided in the approved tentative maps or other discretionary City permits.

4.2.6 Neighborhood Park Impact Fee. Developer shall pay to City a supplement to the Park and Recreation Development Impact Fee to cover development of a neighborhood park in the amount of $3,206 per single-family residential unit and $2,298 per multifamily unit, prior to issuance of a certificate of occupancy for each lot developed. Said fee shall be considered in addition to the City’s existing Park and Recreation development impact fee specified in Section 3.4.6 of this Agreement. This fee is subject to inflation utilizing the Engineering News and Record Construction Index beginning January 2020. This section shall become inoperative should the City adopt a comprehensive Park and Recreation Development Impact fee update where neighborhood parks are incorporated into the City’s fee program. Neighborhood Park Supplement Development Impact Fees acquired or earned prior to a comprehensive Park and Recreation Development Impact fee will remain to be considered Park and Recreation fee credits or reimbursements.

4.2.7 Onsite Neighborhood Park. Developer agrees to dedicate to the City an approximate 2.6-acre neighborhood park as shown on the tentative map and construct adjacent frontage improvements prior to obtaining the ninety-eighth (98) building permit within the subdivision. The dedication shall include the park land, access to the parkland, and frontage adjacent to the parkland. The frontage improvements shall consist of curb, gutter, sidewalk, and roadways improvements consistent with City standards. The Developer will not be obligated to construct any onsite improvements other than to grade the site to drain consistent with City standards. The City agrees to grant Developer fee credits in the value of these improvements in exceedance of developer neighborhood impact fee obligation. The Developer shall be able to use 100 percent of the impact fee credits earned, for Development within the Sohal Ranch Subdivision. Fee Credits will be subject to inflation utilizing the Engineering News and Record Construction Index beginning January 2024. Both the Developer and City acknowledge that the City is considering a comprehensive Park and Recreation Development Impact fee which incorporates neighborhood park development and at such time, the requirement for the supplement to the Park and Recreation Development Impact Fee will become inoperative.

4.3 Reimbursement by Developer to Third Parties. In the event that facilities, including, but not limited to, roadway, sewer, water, drainage, and parks are constructed by third parties which benefit Developer, Developer agrees that it will pay to City for reimbursement to the third parties, Developer's pro-rata share, as reasonably determined by the City, of the cost of construction prior to the issuance of the first building permit in the Project.

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12 Third party reimbursement will include, in addition to construction costs, those costs associated with planning, design and permitting as set forth in Section 4.1 of this Agreement.

4.4 Covenants, Conditions and Restrictions; Enforcement by City. Upon the recordation of each final subdivision map or other development project, Developer shall record against such portion of the Property a master set of covenants, conditions and restrictions ("CC&R's") to require the development and use of the property to be consistent with the Project Entitlement development plan or other appropriate City designation and applicable design guidelines for the Project. The CC&R's shall include the covenants that all structures and landscaping within the Project are to be built, installed and maintained in accordance with the Master Plan and subject to an obligation to obtain design approval from the City prior to any construction or modification of such improvements. The CC&R's shall provide that the City shall be a third-party beneficiary thereof and may not be amended without the City's consent. As a third-party beneficiary, the City shall have the right, but no obligation, to review and/or enforce any covenant under the CC&R's and the City shall not be obligated hereby to respond to any demands or complaints thereunder or otherwise take any action with respect thereto. The CC&R's shall give the City the same rights as any other owner of record and enforce liens to recover the costs of such enforcement, which may include costs to perform maintenance obligations, remove trash or debris, tow any unlawfully parked vehicles, or other such violations, all at the cost of any defaulting party. The form of such CC&R's shall be subject to the review and approval by the City Attorney, which shall not be unreasonably withheld, prior to recordation thereof and prior to any amendment thereof that may affect the City's enforcement rights thereunder. City acknowledges that Developer shall not be obligated by the foregoing to form a homeowner's association.

4.5 Reimbursement for City Costs. Developer shall reimburse City for all of City's costs incurred in the drafting, negotiating, development, and implementation of this Agreement, including, but not limited to, the annual review pursuant to Section 6.1. Said costs shall include, but not be limited to, the full cost recovery of all City's staff time and City's attorney fees. This Agreement shall not take effect until the City costs, as provided for in this section, owed by Developer to City are paid to the City.

4.6 Building and Site Design. Developer shall comply with the design intent in the City-wide adopted Design Guidelines.

5. Reimbursement and Fee Credits, Financing, and Right-of Way

5.1 Reimbursement to Developer for Oversizing

5.1.1 Developer agrees the City may require Developer to construct certain on-site and off-site improvements in a manner that provides for oversize or excess capacity beyond that size or capacity needed to serve the project (collectively “Oversizing”) so that the constructed improvement will be available to serve other development or residences or facilities outside of the Property. The City shall not require any Oversizing from the Developer except in connection with project approvals or in Development Approvals, and in accordance with the provisions of the Subdivision Map Act. Developer may be entitled to a fee credit or reimbursement for Oversizing improvements per Section 5 of this Agreement.

5.1.2 In the event that City requires Developer to install a specific improvement (for example, a traffic signal), Developer's obligation to pay the relevant development impact fees otherwise owed under this Agreement regarding the category

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13 of improvement the Developer is installing shall be satisfied by the installation of such improvement in the manner mutually agreed upon by the City and the Developer so long as the amount of the development impact fees for this category of improvement does not exceed the cost of such improvement. City shall accept Developer's dedication of such improvements, consistent with the terms and conditions of this Agreement.

By entering into this Agreement, City and Developer agree that certain facilities, including, but not limited to, roadway, sewer, water, and drainage will be constructed by Developer pursuant to this Agreement which will benefit third-party landowners. Developer shall be entitled to a fee credit for any such facilities to the extent they benefit third party landowners in an amount as reasonably determined by the City. If Developer's fee credit for a particular facility exceeds the amount of the fee owed, except for Neighborhood Park requirements per 4.2.6 and 4.2.7, then Developer shall be reimbursed for the amount the fee credit exceeds the fee owed by the benefited third-party landowners. Developer shall request the City enter into a Reimbursement/Fee Credit Agreement, which shall specify the reimbursement calculations and amounts as determined by the City. The Reimbursement/Fee Credit Agreement will require future development by third-party landowners benefiting from the Oversizing to reimburse Developer's pro-rata share for a period of up to fifteen (15) years from the installation of the oversizing or other qualifying improvements benefiting third-party landowners, provided, that Developer shall have the right to extend the initial fifteen (15) year period with a single five (5) year extension request. The extension request must be received, by the City, in writing six months prior to the expiration of the Reimbursement Agreement. The City Council is authorized to enter into a Reimbursement/Fee Credit Agreement on behalf of the City subject to approval as to legal form by the City Attorney. The Developer shall have the right to sell or transfer reimbursements/fee credits to other Developer or projects within the City of Yuba City.

5.1.3 Reimbursement Calculations. City will provide Developer with the available documentation showing the basis for the reimbursement amounts pursuant to Section 4.1. The reimbursement obligations provided in this Agreement will be in amounts as reasonably determined by the City.

5.1.4 Reimbursement Personal to Constructing Owner. All rights to reimbursement created pursuant to Section 4.1 shall be personal to the owner installing the improvements and shall not run with the land unless such rights are expressly assigned in writing.

5.2 City's Consideration of Public Financing for Project Improvements.

Development of the Project requires the investment of significant capital to fund the Project's necessary major infrastructure. Developer may, at its discretion, seek public financing mechanism for financing the construction, improvement or acquisition of major infrastructure. At the request of Developer, the City may consider the use of finance districts, special assessment districts, and other similar project-related public financing mechanisms to fund the Project's necessary infrastructure.

5.3 Right-of-Way Acquisition. With respect to the acquisition of any off-site interest in real property required by Developer in order to fulfill any condition required by the Project or the Entitlements, Developer shall make a good faith effort to acquire the necessary interest by private negotiations at the fair market value of such interest. If, after such reasonable efforts, Developer has been unable to acquire such interest and provided that

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14 Developer (i) provides evidence of a good faith effort to acquire the necessary property interest to the reasonable satisfaction of City and (ii) agrees to pay the cost of such acquisition, including reasonable attorney's fees, City shall make an offer to acquire the necessary property interest at its fair market value. If such offer has not been accepted within 60 days, City agrees, to the extent permitted by law, to cooperate and assist Developer in efforts to obtain such necessary property interest. Any such acquisition by City shall be subject to City's good faith discretion, which is expressly reserved by City, to make the necessary findings, including a finding thereby of public necessity, to acquire such interest. Subject to the reservation of such good faith discretion, the City shall schedule the necessary hearings, and if approved by City, thereafter, prosecute to completion the proceedings and action to acquire the necessary property interests by power of eminent domain.

Developer shall fund all costs of the acquisition of such necessary property interests, including reasonable attorney's fees and court costs in the event that such acquisition and/or condemnation is necessary.

6. Annual Review.

6.1 Good Faith Compliance. Developer shall annually provide documentation of good faith compliance with this agreement per Govt. Code Section 65865.1 to the City. The City may, at least every twelve (12) months, during the Term of this Agreement, conduct a public meeting to review the extent of good faith substantial compliance by Landowner with the terms of this Agreement at Landowner’s expense.

Such periodic review shall be limited in scope to compliance with the terms of this Agreement pursuant to Government Code Section 65865.1. Notice of such annual review will be provided by the Development Services Director to Landowner thirty (30) days prior to the date of the public meeting by the Planning Commission and shall include the statement that any review may result in amendment or termination of this Agreement as provided herein. A finding by the City of good faith compliance by the Landowner with the terms of Agreement shall conclusively determine the issue up to and including the date of such review. Nothing in this Section shall be deemed to create a duty of responsibility of City or Landowner or define an event of default that but for such concurrent review would not have been so created or defined.

6.2 Failure to Comply in Good Faith. If the City Council makes a finding that the Landowner has not complied in good faith with the terms and conditions of this Agreement, the City shall provide written notice to the Landowner describing: (i) such failure to comply with the terms and conditions of this Agreement (referenced to herein as a "Default"); (ii) the actions, if any, required by the Landowner to cure such Default; and (iii) the time period within which such Default must be cured. The Landowner shall have, at a minimum, thirty (30) business days after the date of such notice to cure such Default, or in the event that such Default cannot be cured within such thirty (30) day period but can be cured within one (1) year, the Landowner shall have commenced the actions necessary to cure such Default and shall be diligently proceeding to complete such actions necessary to cure such Default within thirty (30) days from the date of notice. If the Default cannot be cured within one (1) year, as determined by the City during periodic or special review, the City Council may modify or terminate this Agreement as provided in Section 6.4 and Section 6.5.

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15 6.3 Failure to Cure Default. If the Landowner fails to cure a Default within the time periods set forth above, the City Council may modify or terminate this Agreement as provided below.

6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.2 and the expiration of the cure period, the City determines to proceed with modification or termination of this Agreement, the City shall give written notice to the Landowner of its intention to do so. The notice shall be given at least fifteen (15) calendar days before the scheduled hearing and shall contain:

6.4.1 The time and place of the hearing;

6.4.2 A statement as to whether or not the City proposes to terminate or to modify the Agreement; and

6.4.3 Such other information as is reasonably necessary to inform the Landowner of the nature of the proceeding.

6.5 Hearings on Modification or Termination. At the time and place set for the hearing on modification or termination, the Landowner shall be given an opportunity to be heard, and the Landowner shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on the issue shall be on the Landowner. If the City Council finds, based upon substantial evidence, that the Landowner has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City.

7. Permitted Delays.

7.1 Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either Party under this Agreement shall not be deemed to be in default where delays or, defaults are due to war, insurrection, strikes, lockouts, walkouts, drought, riots, floods, earthquakes, fire, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, restrictions imposed by governmental or quasigovernmental entities other than the City, unusually severe weather, acts of the other Party, acts or the failure to act of any public or government agency or entity other than the City, or any other causes beyond the control or without the fault of the Party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of cause. If, however, notice by the Party claiming such extension of time is sent to the other Party more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice. Times of performance under this Agreement may also be extended in writing by the joint agreement of the City and Landowner. Litigation attacking the validity of this Agreement, or any permit, ordinance, or entitlement or other action of a governmental agency necessary for the development of the Property pursuant to this Agreement shall also be deemed to create an excusable delay under this Section.

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16 7.2 Supersedure by Subsequent Laws. If any Law made or enacted after the date of this Agreement prevents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with such new Law. Immediately after enactment of any such new Law, the Parties shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. If such modification or suspension is infeasible in the Landowner's reasonable business Judgment, then the Landowner shall have the right to terminate this Agreement by written notice to the City. The Landowner shall also have the right to challenge the new Law preventing compliance with the terms of this Agreement, and, in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect.

8. Termination.

8.1 City's Right to Terminate. The City shall have the right to terminate this Agreement if the Landowner is not in substantial compliance with the terms of this Agreement and this default remains uncured, all as set forth in Section 6.

8.2 Landowner's Right to Terminate. The Landowner shall have the right to terminate this Agreement only under the following circumstances:

8.2.2 The Landowner is unable to complete the Project because of supersedure by a subsequent law per Section 7.2 or court action.

8.3 Mutual Agreement. This Agreement may be terminated upon the mutual Agreement of the Parties.

8.4 Effect of Termination.

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17 shall not otherwise affect any other City entitlement or approval with respect to the Property that has been granted prior to the date of termination.

No express written waiver of any event of default shall affect any other event of default, or cover any other period of time, other than any event of default and/or period of time specified in such express waiver. Except as provided in this Section all of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy.

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18 Agreement, and the date of the last determination of such compliance. A Party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt thereof. The Director shall have the right to execute any certificate requested by the Landowner hereunder. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.

14.2 Prior to the effective date of the proposed transfer, Developer or the proposed transferee has delivered to the City an executed and acknowledged assignment and assumption agreement (the “Assumption Agreement”) in recordable form. Such Assumption Agreement shall include provisions regarding: (a) the rights and interest proposed to be transferred to the proposed transferee; (b) the obligations of Developer under this Agreement that the proposed transferee will assume; and (c) the proposed transferee's acknowledgment that such transferee has reviewed and agrees to be bound by this Agreement. The Assumption Agreement shall also include the name, form of entity, and address of the proposed transferee, and shall provide that the transferee assumes the obligations of Developer to be assumed by the transferee in connection with the proposed transfer. The Assumption Agreement shall be recorded in the official records of the County of Sutter concurrently with the consummation of the transfer.

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19 accruing after the date of the transfer under this Agreement. If Developer effectuates a transfer as to only some but not all of its rights, duties and obligations under this Agreement, Developer shall be released only from its obligations accruing after the date of the transfer which the transferee assumes in the Assumption Agreement.
15 Financing. Mortgages, deeds of trust, sales and leasebacks, or other forms of conveyance required for any reasonable method of financing requiring a security arrangement with respect to the Property (“Mortgages”) are permitted without the consent of the City, provided the Landowner complies with the following:

15.2 Mortgagee Not Obligated; Mortgagee as Transferee. No Mortgagee shall have any obligation or duty under this Agreement whatsoever, except that nothing contained in this Agreement shall be deemed to permit or authorize any Mortgagee to undertake any new construction or improvement in the Sohal Ranch Project Area, or to otherwise have the benefit of any rights of Developer, or to enforce any obligation of the City, under this Agreement, unless and until such Mortgagee elects to become a Transferee in the manner specified in this Agreement. Any Mortgagee that affirmatively elects to become a Transferee shall be later released from all obligations and liabilities under this Agreement upon the subsequent Transfer by the Mortgagee of its interest as a transferee to another person.

16. Covenants to Run with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants, and obligations contained in this

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20 Agreement shall be binding upon the Parties and their respective heirs, successors, assignees, devises, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the Parties and their respective heirs, successors and assignees. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder: (i) is for the benefit of such properties and is a burden upon such properties; (ii) runs with such properties; and (iii) is binding upon each Party and each successive owner during its ownership of such properties or any portion thereof, and each person having any interest therein derived in any manner through any owner of such properties, or any portion thereof, and shall benefit each Party and its property hereunder, and each other person succeeding to an interest in such properties; provided that no liability or obligation shall accrue to any person, if this Agreement terminates pursuant to Section 8 of this Agreement.

17. Amendment.

17.1 Amendment or Cancellation. Except as otherwise provided in this Agreement, this Agreement may be canceled, modified or amended only by mutual consent of the Parties in writing, and then only in the manner provided for in Government Code Section 65868. Minor amendments to this Agreement may be made without a public hearing upon approval of the Development Services Director. "Minor Amendments" shall mean amendments which are similar in significance to the type of minor amendments to land use entitlements that may be made without a full public hearing or approval of the Planning Commission or City Council pursuant to the Yuba City Municipal Code.

18. Notices.

18.2 Mailing Addresses. The respective mailing addresses of the Parties are, until changed as hereinafter provided, the following:

City: Development Services Director
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
With a copy to: City Manager

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21 City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
Landowners: Narjit and Balbir Sohal
Attn: Balbir Sohal
P.O. Box 1651
Yuba City, CA 95992
Landowners: Balbir Sohal Family 2016 Trust
Attn: Balbir Sohal
P.O. Box 1651
Yuba City, CA 95992
With a copy to: MHM Incorporated
Attn: Sean Minard
P.O. Box B
Marysville, CA 95901
Either Party may change its mailing address at any time by giving ten (10) days’ notice of such change in the manner provided for in this section. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. Nothing in this provision shall be construed to prohibit communication by facsimile transmission, so long as an original is sent by first class mail, commercial carrier or is hand-delivered.

19. Indemnification.

19.2 Damage Claims. The nature and extent of Developer’s obligations to indemnify, defend and hold harmless the City with regard to events or circumstances not

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22 addressed in Section 19.1 shall be governed by this Section 19.2. To the furthest extent allowed by law, Developer shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, attorneys, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Developer or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement or the performance of any or all work to be done by Developer or its contractors, agents, successors and assigns pursuant to this Agreement (including, but not limited to design, construction and/or ongoing operation and maintenance of off-site improvements unless and until such off-site improvements are dedicated to and officially accepted by the City). Developer's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, attorneys, or agents are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents, attorneys, or volunteers.

This Section shall survive termination or expiration of this Agreement.

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23 20.1 Commercial General Liability. Insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage and personal injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement),with limits of liability of not less than $5,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal injury, $5,000,000 general aggregate and $5,000,000 aggregate for products and completed operations and $5,000,000 general aggregate.

20.3 Workers Compensation. insurance as required under the California Labor Code.

20.4 Employers Liability. with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 policy limit and $1,000,000 for each employee.

Developer shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Developer shall also be responsible for payment of any selfinsured retentions.

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24 If at any time during the Insurance Period, Developer fails to maintain the required insurance in full force and effect, the Director of Public Works, or designee, may order that the Developer, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to ensure that public health and safety is protected. All payments due or that become due to Developer shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. The insurance requirements set forth in this Section are material terms of this Agreement.

21. Miscellaneous.

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25 21.2 Project Approvals Independent. All approvals that may be granted pursuant to this Agreement, and all approvals or other land use approvals which have been or may be issued or granted by the City with respect to the Property, constitute independent actions and approvals by the City. If any provisions of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if the City terminates this Agreement for any reason, such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any approvals or other land use approvals. In such cases, such approvals will remain in effect pursuant to their own terms, provisions and conditions.

21.4 Severability. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order, shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance and the same shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

21.7 Applicable Law. This Agreement, and the rights and obligations of the Parties, shall be construed by and enforced in accordance with the laws of the State of California.

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26 21.8 Equal Authorship. This Agreement has been reviewed by legal counsel for both the Landowner and City, and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this Agreement.

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27 shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.

21.19 Days. Unless otherwise specified in this Agreement, the term “days” means calendar days.

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28 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written.
"City"

CITY OF YUBA CITY,
A General Law City
By:

Wade Kirchner, Mayor
Date:
"Landowner"
Balbir Sohal Family 2016 Trust
By: Balbir Sohal Family 2016 Trust
By:

Balbir S. Sohal, Trustee
By:

Narjit K. Sohal, Trustee
Attest:

City Clerk
Approved as to Form:

Shannon Chaffin, City Attorney
Attachments:

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ATTACHMENT 4

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MEMO
Date: September 21, 2023
To: For Public Release
From: Development Services
Re: Environmental Assessment 22-06, Sohal Ranch Subdivision Since the original release of Environmental Assessment 22-06 on September 8, 2023, it has been discovered that the Focused Traffic Impact Analysis for Sohal Ranch Subdivision, dated July 28, 2023, prepared by MHM Engineering, was inadvertently omitted from the Environmental Assessment. The Focused Traffic Impact Analysis for Sohal Ranch Subdivision has now been included as Appendix B of Environmental Assessment 22-06.

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Environmental Assessment 22-06
Initial Study and Mitigated Negative Declaration for Sohal Ranch Subdivision, Tentative Subdivision Map (TSM) 22-02, which proposes to create 179 singlefamily residential lots Prepared for:

City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
Prepared By:

Denis Cook
Land Use Planning Consultant
and
City of Yuba City
Development Services Department
Planning Division
September 8, 2023

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1 This page intentionally left blank.

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2 Table of Contents
Table of Contents...............................................................................................................................2

1. Introduction ..............................................................................................................................4 Introduction ..................................................................................................................................4 Regulatory Information.................................................................................................................4 Document Format.........................................................................................................................5 Purpose of Document...................................................................................................................6 Intended Uses of this Document ..................................................................................................6

2. Project Description ....................................................................................................................7 Project Title...................................................................................................................................7 Lead Agency Name and Address...................................................................................................7 Contact Person and Phone Number .............................................................................................7 Project Location ............................................................................................................................7 Project Applicant...........................................................................................................................7 Property Owner ............................................................................................................................7 General Plan Designation..............................................................................................................8 Zoning............................................................................................................................................8 Project Description......................................................................................................................11 Surrounding Land Uses and Setting............................................................................................12 Other Public Agencies Whose Approval May be Required.........................................................12 Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? .......................................12 Environmental Factors Potentially Affected:..............................................................................13 Evaluation of Environmental Impacts:........................................................................................14

3. Environmental Checklist and Impact Evaluation........................................................................16 Aesthetics....................................................................................................................................16 Agricultural and Forestry Resources...........................................................................................20 Air Quality ...................................................................................................................................25 Biological Resources....................................................................................................................33 Cultural Resources......................................................................................................................37

3.6 Energy .........................................................................................................................................39

3.7 Geology and Soils........................................................................................................................41

3.8 Greenhouse Gas Emissions.........................................................................................................47

3.9 Hazards and Hazardous Materials ..............................................................................................51

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3 3.10 Hydrology and Water Quality.........................................................................................................56

3.11 Land Use and Planning................................................................................................................60

3.12 Mineral Resources ......................................................................................................................61

3.13 Noise ...........................................................................................................................................63

3.14 Population and Housing..............................................................................................................71

3.15 Public Services.............................................................................................................................73

3.16 Recreation...................................................................................................................................75

3.17 Transportation/Traffic ................................................................................................................76

3.18 Tribal Cultural Resources............................................................................................................81

3.19 Utilities and Service Systems ......................................................................................................87

3.20 Wildfire........................................................................................................................................90

3.21 Mandatory Findings of Significance............................................................................................92

4. Section References and/or Incorporated by Reference..............................................................94

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4 CITY OF YUBA CITY
Development Services Department
Planning Division
1201 Civic Center Blvd. Yuba City, CA 95993 Phone (530) 822-4700

1. Introduction
Introduction
This Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared to identify any potential environmental impacts in the City of Yuba City, California (City) from the proposed Sohal Ranch subdivision and the associated development agreement (collectively “Project”). The proposal includes:

Tentative Subdivision Map (TSM) 22-02, Sohal Ranch: It proposes to subdivide 41.36 acres into 179 single-family residential lots. Also, part of the subdivision will be a 2.65-acre (net) neighborhood park, which will have a double use for short periods during wet years as a stormwater detention pond, and a 0.11-acre lot for a sewer lift station. Approximately 3.31 acres will be dedicated for additional rightof-way to widen Lincoln Road and George Washington Boulevard along the Project’s frontage, as the Project will construct its half of those streets to ultimately become four lane major arterials.

The 41.36 acres is located at the southeast corner of Lincoln Road and George Washington Boulevard.

There is an existing orchard and a single-family residence on the property, all of which will be removed as part of the construction of the subdivision.

Development Agreement: A development agreement is proposed with this project. This contract between the City and the developer would extend the life of the subdivision to 15 years, with an additional five-year extension if approved by the City Council. In return the subdivision developer would dedicate approximately 2.60 acres plus right-of-way to the City for a future park. The developer will also pay a $3,206 per parcel neighborhood park fee above the standard park development impact fee.

This subdivision is considered a project under the California Environmental Quality Act (CEQA), as the City has discretionary authority over the Project. The proposed subdivision requires discretionary review by the City of Yuba City Planning Commission, as well as the City Council for consideration of a development agreement.

This IS/MND has been prepared in conformance with CEQA Guidelines Section 15070. The purpose of the IS/MND is to determine the potential significant impacts associated with the tentative subdivision map and development agreement and provide an environmental assessment for consideration by the Planning Commission. In addition, this document is intended to provide the basis for input from public agencies, organizations, and interested members of the public.

Regulatory Information
An Initial Study (IS) is an environmental assessment document prepared by a lead agency to determine if a project may have a significant effect on the environment. In accordance with the California Code of Regulations Title 14 (Chapter 3, §15000 et seq.), commonly referred to as the CEQA Guidelines - Section 15064(a)(1) states an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the proposed project under review may have a significant effect on the

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5 environment and should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant. A negative declaration may be prepared instead; if the lead agency finds that there is no substantial evidence, in light of the whole record that the project may have a significant effect on the environment. A negative declaration is a written statement describing the reasons why the proposed project, not exempt from CEQA pursuant to §15300 et seq. of Article 19 of the Guidelines, would not have a significant effect on the environment and, therefore, why it would not require the preparation of an EIR (CEQA Guidelines Section 15371). According to CEQA Guidelines Section 15070, a negative declaration shall be prepared for the project subject to CEQA when either:

A. The IS shows there is no substantial evidence, in light of the whole record before the agency, that the proposed project may have a significant effect on the environment, or B. The IS identified potentially significant effects, but:
a. Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed negative declaration and initial study is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur is prepared, and
b. There is no substantial evidence, in light of the whole record before the agency, that the proposed project as revised may have a significant effect on the environment. If revisions are adopted by the Lead Agency into the proposed project in accordance with the CEQA Guidelines Section 15070(b), a Mitigated Negative Declaration (MND) is prepared.

Also, to be considered is that this proposal is within the boundary of the Lincoln East Specific Plan. While that specific plan was previously rescinded by the City Council, the environmental impact report (EIR) prepared for specific plan was not rescinded. It was the City Council’s intent that CEQA analysis may utilize technical information and findings from the previously certified LESP EIR in helping to complete the CEQA studies for these future projects. The EIR identified various potential significant impacts that would occur as the area develops, for which the City Council adopted overriding considerations.

Even though the specific plan was rescinded this proposal is consistent with most of the land use policies of that specific plan, and as such, this environmental document relies on many of the conclusions of that EIR.

Document Format
This IS/MND contains four chapters and one technical appendix. Chapter 1, Introduction, provides an overview of the proposed Project and the CEQA environmental documentation process. Chapter 2, Project Description, provides a detailed description of proposed Project objectives and components.

Chapter 3, Impact Analysis, presents the CEQA checklist and environmental analysis for all impact areas, mandatory findings of significance, and feasible measures. If the proposed Project does not have the potential to significantly impact a given issue area, the relevant section provides a brief discussion of the reasons why no impacts are expected. If the proposed Project could have a potentially significant impact on a resource, the issue area discussion provides a description of potential impacts, and appropriate mitigation measures and/or permit requirements that would reduce those impacts to a less than

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6 significant level. Chapter 4, List of Preparers, provides a list of key personnel involved in the preparation of the IS/MND.

Purpose of Document
The proposed subdivision will undergo a public review process by the Planning Commission that, if approved as submitted, will ultimately consist of 179 new single-family residences. The Planning Commission’s review is needed to assure that the Project will be compatible with existing or expected neighboring uses and that adequate public facilities are available to serve the Project.

This document has been prepared to satisfy the California Environmental Quality Act (CEQA) (Pub. Res.

Code, Section 21000 et seq.) and the State CEQA Guidelines (Title 14 CCR §15000 et seq.). CEQA requires that all state and local government agencies consider the environmental consequences of developments over which they have discretionary authority before acting on those projects.

The initial study is a public document used by the decision-making lead agency to determine whether a development may have a significant effect on the environment. If the lead agency finds substantial evidence that any aspect of the Project, either individually or cumulatively, may have a significant effect on the environment, regardless of whether the overall effect of the Project is adverse or beneficial, the lead agency is required to use a previously prepared EIR and supplement that EIR, or prepare a subsequent EIR to analyze at hand. If the agency finds no substantial evidence that the Project or any of its aspects may cause a significant effect on the environment, a negative declaration shall be prepared. If in the course of the analysis, it is recognized that the Project may have a significant impact on the environment, but that with specific recommended mitigation measures incorporated into the Project, these impacts shall be reduced to less than significant, a mitigated negative declaration shall be prepared.

In reviewing all of the available information for the above referenced project, the City of Yuba City Planning Division has analyzed the potential environmental impacts created by this Project and a mitigated negative declaration has been prepared.

Intended Uses of this Document
In accordance with CEQA, a good-faith effort has been made during preparation of this IS/MND to contact affected public agencies, organizations, and persons who may have an interest in the proposed Project.

In reviewing the Draft IS/MND, affected and interested parties should focus on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the effects of the proposed Project would be avoided or mitigated.

The Draft IS/ND and associated appendices will be available for review on the City of Yuba City website at www.yubacity.net/environmental. The Draft IS/MND and associated appendixes also will be available for review during regular business hours at the City of Yuba City Development Services Department (1201 Civic Center Boulevard, Yuba City, California 95993). The 20-day review period will commence September 8, 2023 and will end on September 27, 2023 at the conclusion of the Planning Commission hearing.

Written comments on the Draft IS/MND should be sent to the following address:

City of Yuba City
Development Services Department
1201 Civic Center Boulevard
Yuba City, CA 95993
[email protected]

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7 Phone: (530) 822-4700

2. Project Description
Project Title
Tentative Subdivision Maps 22-02: Sohal Ranch Subdivision Lead Agency Name and Address
City of Yuba City
Development Services Department, Planning Division
1201 Civic Center Blvd.

Yuba City, CA 95993
Contact Person and Phone Number
Doug Libby, AICP
Deputy Director of Development Services
(530) 822-3231
[email protected]
Project Location
The property is located on the southeast corner of George Washington Boulevard and Lincoln Road as shown in Figure 1. The property is within the city limits but borders the city limits of Yuba City on two sides, Lincoln Road along the north side and George Washington Boulevard along the west side. The neighboring properties located on the two unincorporated sides of the Project are within the Sutter LAFCo adopted Yuba City Sphere of Influence and are subject to future annexation into the City. The surrounding area is designated by the Yuba City General Plan for similar types of uses. The Assessor’s Parcel Numbers are 065-010-005 and 065-010-006.

Project Applicant
Amar Sohal/Balbir Sohal Family Trust
P.O. Box 1651
Yuba City, CA 95992
Property Owner
Balbir Family Trust
P.O. Box 1651
Yuba City, Ca 95992

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8 General Plan Designation
The site is designated Low Density Residential (LDR) and Parks, Recreation and Open Space. The LDR designation allows a density range between 2 and 8 dwellings per acre. As proposed, the Project will have a density of approximately 4.7 residences per acre (excluding the park). The Parks designation applies to several acres in the southeast corner of the proposed Project for which the appropriate amount of land is offered to the City for parkland purposes.

Zoning
The site is within the One-Family Residential (R-1) Zone District, making the zoning consistent with the LDR General Plan designation.

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9 Figure 1: Location Map

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10 Figure 2: Subdivision Map 22-02

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11 Project Description
Proposed is the Sohal Ranch subdivision and the associated development agreement (collectively “Project”). The proposal includes:

Tentative Subdivision Map (TSM) 22-02, Sohal Ranch: The property owner proposes to subdivide 41.36 acres into 179 single-family residential lots. Also, part of the subdivision will be a 2.65-acre (net) neighborhood park, which will have a double use for short periods during wet years as a stormwater detention pond, and a 0.11-acre lot for a sewer lift station. Approximately 3.31 acres will be dedicated for additional right-of-way to widen Lincoln Road and George Washington Boulevard along the Project’s frontage, as the Project will construct its half of those streets to ultimately become four lane major arterials.

There is an existing orchard and a single-family residence on the property, all of which will be removed as part of the construction of the subdivision.

Development Agreement: This contract between the City and the developer would extend the life of the subdivision to 15 years, with an additional five-year extension if approved by the City Council. In return the subdivision developer would dedicate approximately 2.60 acres plus right-of-way to the City for a future park. Additionally, the developer will pay an additional $3,206 per lot neighborhood park fee. The developer will not build the park but is responsible to fully construct all of the street frontages.

The proposed lots would comply with all R-1 Zone District development standards, including with respect to minimum 50-foot-wide lot widths and lot sizes (5,000 s.f. minimum, 6,000 s.f .for corner lots). Future construction of homes on each of the lots would also be subject compliance with R-1 Zone standards, including building setbacks, percent lot coverage and building heights. Building permits would be required for each new residence.

The subdivision would be accessed via an internal road network of fully improved public streets, with e ingress/egress points onto Lincoln Road and George Washington Boulevard. Both Lincoln Road and George Washington Boulevard are identified in the General Plan and the rescinded Lincoln East Specific Plan as major four-lane arterials. The project will construct their portion of those roads.

There is an existing orchard and a single-family residence on the property, all of which will be removed as part of the construction of the subdivision.

Table 1: Project Land Use Summary
Village Acres Single-family
residential lots Other use
1 12.52 57 A 0.11-acre site for a sewer lift
station.
2 7.77 39
3 14.69 83 A 2.65-acre (net) park/ detention
pond.

3.31 Major Arterial right-of-way
dedications
Total 41.36 179

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12 The property is within the City limits of Yuba City, with unincorporated properties to the north and west.

Water and sewer services would be available through the City of Yuba City. Storm drainage would be coordinated between the City of Yuba City and the Sutter County Water Agency.

Surrounding Land Uses and Setting
Setting: The Project is located on the southeast corner of Lincoln Road and George Washington Boulevard in a recently annexed area in western Yuba City. The area is planned for by the General Plan for urban growth as the City is growing in that direction.

Other Public Agencies Whose Approval May be Required
▪ Feather River Air Quality Management District, Dust Control Plan, Indirect Source Review ▪ Central Valley Regional Water Quality Control Board
Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
All geographically relevant Native American tribes were timely notified of the Project, and consultation was not requested.

Table 2: Bordering Land Uses
On-site Orchard, an area for row-crops and a single-family residence (to be removed as part of the project.

North: Lincoln Road with single-family residences and orchards on the north side of the road.

South: Orchard.

East: Orchard.

West: George Washington Boulevard with orchards across the boulevard.

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14 Evaluation of Environmental Impacts:

A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to a project like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on Project-specific factors as well as general standards (e.g., the Project will not expose sensitive receptors to pollutants, based on a Project-specific screening analysis).

All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as Project-level, indirect as well as direct, and construction as well as operational impacts.

Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
“Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analysis,” as described below, may be cross referenced). A Mitigated Negative Declaration also requires preparation and adoption of a Mitigation Monitoring and Reporting Program (MMRP) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. In this case, a brief discussion should identify the following:

Earlier Analysis Used. Identify and state where they are available for review.

Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.

Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they addressed site-specific conditions for the project.

Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts. Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

Supporting Information Sources: A source list should be attached, and other sources used, or individuals contacted should be cited in the discussion.

It is worth noting again that this Project is within the boundary of the Lincoln East Specific Plan. While that specific plan was previously rescinded by the City Council, the environmental impact report (EIR) prepared for specific plan was not rescinded. It was the City Council’s intent that CEQA analysis on future projects may utilize technical information and findings from the previously certified LESP EIR in helping to complete

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15 the CEQA studies for these future projects. The EIR identified various potential significant impacts that would occur as the area develops, for which the City Council adopted overriding considerations.

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16 3. Environmental Checklist and Impact Evaluation
The following section presents the initial study checklist recommended by the California Environmental Quality Act (CEQA; Appendix G) to determine potential impacts of a project. Explanations of all answers are provided following each question, as necessary.

Aesthetics
Table 3.1: Aesthetics
Except as provided in Public Resources Code Section
21099, would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
X
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views
of the site and its surroundings? (Public views are
those that are experienced from publicly accessible
vantage point). If the project is in an urbanized
area, would the project conflict with applicable
zoning and other regulations governing scenic
quality?
X
d) Create a new source of substantial light or glare,
which would adversely affect day or nighttime
views in the area?
X

3.1.1. Environmental Setting/Affected Environment
Background views are generally considered to be long-range views in excess of 3 to 5 miles from a vantage point. Background views surrounding the Project site are limited due to the flat nature of the site and the surrounding urban landscape. Overall, the vast majority of Sutter County is relatively flat, with the Sutter Buttes being the exception. The Sutter Buttes located several miles northwest of the Project site and are not visibly prominent from this location. The Sutter Buttes comprise the long-range views to the northwest and are visible from the much of the City, except in areas where trees or intervening structures block views of the mountain range.

The City’s General Plan, more specifically the Community Design Element “establishes policies to ensure the creation of public and private improvements that will maintain and enhance the image, livability, and aesthetics of Yuba City in the years to come.”
The following principles and policies are applicable:
▪ Maintain the identity of Yuba City as a small-town community, commercial hub, and residential community, surrounded by agricultural land and convey, through land uses and design amenities, Yuba City’s character and place in the Sacramento Valley.

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17 ▪ Recognizing the livability and beauty of peer communities with highly designed visual landscapes, commit to a focus on the visual landscape of Yuba City. ▪ Maintain, develop, and enhance connections between existing and planned neighborhoods. ▪ Create and build upon a structured open space and parks network, centered on two large urban parks and the Feather River Corridor.
▪ Strive for lush, landscaped public areas marked by extensive tree plantings. ▪ Design commercial and industrial centers to be visually appealing, to serve both pedestrians and automobiles, and to integrate into the adjacent urban fabric.

In addition to the City’s General Plan, the City provides Design Guidelines. The goal of the City’s design guidelines is to ensure the highest quality of building design: designs that are aesthetically pleasing; designs that are compatible with the surroundings in terms of scale, mass, detailing, and building patterns; designs that accommodate the pedestrian, automobile, bicycle, and transit circulation; and designs that consider public safety, public interaction, and historic resources. However, the Design Guidelines do not apply to single-family residences, as is proposed by this subdivision.

3.1.2. Federal Regulatory Setting
Federal regulations relating to aesthetics include: Organic Administration Act (1897), Multiple Use – Sustained Yield Act (1960), Wilderness Act (1964), Federal Lands Policy and Management Act (1976), Wild and Scenic Rivers Act. The proposed Project is not subject to these regulations since there are no federally designated lands or rivers in the vicinity.

3.1.3. State Regulatory Setting
The California State Scenic Highway Program was created by the California Legislature in 1963 to preserve and protect scenic highway corridors from change which would diminish the aesthetic value of lands adjacent to highways. The state laws governing the Scenic Highway Program are found in the Streets and Highways Code, Section 260 et seq. The State Scenic Highway System includes a list of highways that are either eligible for designation as scenic highways or have been so designated. These highways are identified in Section 263 of the Streets and Highways Code.

A highway may be designated scenic depending upon how much of the natural landscape can be seen by travelers, the scenic quality of the landscape, and the extent to which development intrudes upon the traveler’s enjoyment of the view. When a city or county nominates an eligible scenic highway for official designation, it must identify and define the scenic corridor of the highway. A scenic corridor is the land generally adjacent to and visible from the highway. A scenic corridor is identified using a motorist’s line of vision. A reasonable boundary is selected when the view extends to the distant horizon. The corridor protection program does not preclude development but seeks to encourage quality development that does not degrade the scenic value of the corridor. Jurisdictional boundaries of the nominating agency are also considered. The agency must also adopt ordinances to preserve the scenic quality of the corridor or document such regulations that already exist in various portions of local codes. These ordinances make up the scenic corridor protection program. County roads can also become part of the Scenic Highway System. To receive official designation, the county must follow the same process required for official designation of state scenic highways. There are no designated state scenic highways in the view shed of the Project site.

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18 California Building Code Title 24 Outdoor Lighting Standards: The requirements vary according to which “Lighting Zone” the equipment is in. The Standards contain lighting power allowances for newly installed equipment and specific alterations that are dependent on which Lighting Zone the project is located in.

Existing outdoor lighting systems are not required to meet these lighting power allowances. However, alterations that increase the connected load, or replace more than 50 percent of the existing luminaires, for each outdoor lighting application that is regulated by the Standards, must meet the lighting power allowances for newly installed equipment.

An important part of the Standards is to base the lighting power that is allowed on how bright the surrounding conditions are. The eyes adapt to darker surrounding conditions, and less light is needed to properly see; when the surrounding conditions get brighter, more light is needed to see. The least power is allowed in Lighting Zone 1 and increasingly more power is allowed in Lighting Zones 2, 3, and 4. By default, government designated parks, recreation areas and wildlife preserves are Lighting Zone 1; rural areas are Lighting Zone 2; and urban areas are Lighting Zone 3. Lighting Zone 4 is a special use district that may be adopted by a local government. The proposed Project is located in an urban area; thereby, it is in Lighting Zone 3.

3.1.4. Impact Assessment/Environmental Consequences:
a) Have a substantial adverse effect on a scenic vista? This area was a part of the former Lincoln East Specific Plan (LESP) where an Environmental Impact Report (EIR) (SCH#2006082094) was adopted by the City Council. Although the plan was vacated, the environmental analysis that was completed remains. Potential aesthetic impacts were analyzed in the LESP EIR and this proposed project site was a part of that former plan’s boundary. The proposed project has the same land use as that adopted by that former LESP. It was determined regarding build-out of the LESP, that there were no feasible mitigation measures available to ensure the project would not substantially change the existing visual character of the area and the impact was significant and unavoidable and the City adopted Findings of Overriding Consideration for potential aesthetic impacts.

There are no designated scenic vistas within the vicinity of the proposed project. Approval of the subdivision will lead to single-family residential buildings being constructed on the property. The aesthetics associated with new development that may result from this subdivision are expected to be complementary to surrounding uses as new development must be consistent with the general design goals, policies and objectives of the City regarding aesthetics.

The Sutter Buttes are more distant and, to some extent, can be seen over existing development. When these new lots are built upon, the height of the new buildings will be limited by the site’s R-1 zoning (to a maximum of 35 feet in height and 2 stories), similar to the existing residential development in the area, so the impact on views of the Sutter Buttes is considered to be less than significant.

City design objectives are intended to achieve a cohesive design that would complement existing development both adjacent to the project boundaries, as well as within the project area itself. These design objectives will be applied as building plans for new residences are submitted; this may include master building plans for each Village area that include multiple architectural styles and building materials. Potential impacts associated with this are anticipated to be less than significant. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?

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19 The site is unremarkable in that it is flat with no topographic features, rock outcroppings, large heritage type trees. Therefore, this project’s impact is less than significant. c) In non-urbanized areas, substantially degrade the existing visual character of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
This area was a part of the former LESP where an EIR (SCH#2006082094) was adopted by the City Council.

Although the plan was vacated, the environmental analysis that was completed remains. Potential aesthetic impacts were analyzed in the LESP EIR and that included this proposed project site. It was determined that development of the former LESP would alter the visual character of the site by developing a variety of residential, commercial, public, quasi-public, and park uses on formerly agricultural land. This would substantially change the existing visual character or quality of the site and its surroundings. The proposed project has the same land use as that adopted by the former LESP. It was determined regarding build-out of the LESP, that there were no mitigation measures available that could ensure the project would not substantially change the existing visual character of the area and the impact was significant and unavoidable and the City adopted Findings of Overriding Consideration for potential aesthetic impacts.

The publicly visible vantage points of the Project are from Lincoln Avenue and George Washington Boulevard. The Project is nearly surrounded by orchards. Placing a residential subdivision in that area will impact the local aesthetics as the immediate views are of farmland and ranchette homes. However, the property has been planned for and designated by the City for urban uses, as provided in the LESP, and for which overriding considerations were made in the certification of the Lincoln East Specific Plan EIR regarding impacts on public views. As the Project would meet the LESP standards, any further impacts on a scenic vista not previously considered will be less than significant. d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?
The City requires new streets to have streetlights, thereby bringing new lighting within this Project.

However, street lighting does not extend much beyond the immediate vicinity and also street lighting is not typically considered a significant impact unless there are nearby special circumstances, which there is not. Further, the City requires that the lighting be shielded to screen its view from a distance. Lighting in new homes typically does not extend much beyond the property lines. Therefore, since there are no unique circumstances, the impacts from new street and home lighting should be less than significant.

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20 Agricultural and Forestry Resources
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared (1997) by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.

Table 3.2: Agricultural and Forestry Resources
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
X
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X
c) Conflict with existing zoning for, or cause rezoning of, forestland (as defined in Public Resources Code
Section 12220(g)), timberland (as defined by Public
Resources Code Section 4526), or timberland zoned
Timberland Production (as defined by Government
Code Section 51104(g))?
X
d) Result in the loss of forest land or conversion of
forest land to non-forest use? X
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
X

3.2.1. Environmental Setting/Affected Environment
Sutter County is located within the northern portion of California’s Central Valley in the area known as the Sacramento Valley. It contains some of the richest soils in the State. These soils, combined with abundant surface and subsurface water supplies and a long, warm growing season, make Sutter County’s agricultural resources very productive. Sutter County is one of California’s leading agricultural counties, with 83 percent of the County’s total land acreage currently being used for agricultural purposes.

However, while Sutter County provides rich agricultural opportunities, the subject site is within the Yuba City urban area and has been designated for urban uses for many years.

3.2.2. Federal Regulatory Setting
Farmland Protection Policy Act: The Natural Resources Conservation Service (NRCS), a federal agency within the U.S. Department of Agriculture (USDA), is the agency primarily responsible for implementation of the Farmland Protection Policy Act (FPPA). The FPPA was enacted after the 1981 Congressional report, Compact Cities: Energy-Saving Strategies for the Eighties indicated that a great deal of urban sprawl was

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21 the result of programs funded by the federal government. The purpose of the FPPA is to minimize federal programs’ contribution to the conversion of farmland to non-agricultural uses by ensuring that federal programs are administered in a manner that is compatible with state, local, and private programs designed to protect farmland. Federal agencies are required to develop and review their policies and procures to implement the FPPA every two years (USDA-NRCS, 2011). 2014 Farm Bill: The Agricultural Act of 2014 (the Act), also known as the 2014 Farm Bill, was signed by President Obama on Feb. 7, 2014. The Act repeals certain programs, continues some programs with modifications, and authorizes several new programs administered by the Farm Service Agency (FSA).

Most of these programs are authorized and funded through 2018.

The Farm Bill builds on historic economic gains in rural America over the past five years, while achieving meaningful reform and billions of dollars in savings for the taxpayer. It allows USDA to continue record accomplishments on behalf of the American people, while providing new opportunity and creating jobs across rural America. Additionally, it enables the USDA to further expand markets for agricultural products at home and abroad, strengthen conservation efforts, create new opportunities for local and regional food systems and grow the bio-based economy. It provides a dependable safety net for America's farmers, ranchers and growers and maintains important agricultural research, and ensure access to safe and nutritious food for all Americans.

Forestry Resources: Federal regulations regarding forestry resources are not relevant to the proposed Project because no forestry resources exist on the project site or in the vicinity.

3.2.3. State Regulatory Setting
California Environmental Quality Act (CEQA) Definition of Agricultural Lands: Public Resources Code Section 21060.1 defines “agricultural land” for the purposes of assessing environmental impacts using the Farmland Mapping & Monitoring Program (FMMP). The FMMP was established in 1982 to assess the location, quality, and quantity of agricultural lands and the conversion of these lands. The FMMP provides analysis of agricultural land use and land use changes throughout California.

California Department of Conservation, Division of Land Resource Protection: The California Department of Conservation (DOC) applies the NRCS soil classifications to identify agricultural lands, and these agricultural designations are used in planning for the present and future of California’s agricultural land resources. Pursuant to the DOC’s FMMP, these designated agricultural lands are included in the Important Farmland Maps (IFM) used in planning for the present and future of California’s agricultural land resources. The FMMP was established in 1982 to assess the location, quality, and quantity of agricultural lands and the conversion of these lands. The FMMP provides analysis of agricultural land use and land use changes throughout California. The DOC has a minimum mapping unit of 10 acres, with parcels that are smaller than 10 acres being absorbed into the surrounding classifications.

The list below provides a comprehensive description of all the categories mapped by the DOC.

Collectively, lands classified as Prime Farmland, Farmland of Statewide Importance, and Unique Farmland is referred to as Farmland.
▪ Prime Farmland. Farmland that has the best combination of physical and chemical features able to sustain long‐term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date. ▪ Farmland of Statewide Importance. Farmland similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture. Land must have been

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22 used for irrigated agricultural production at some time during the four years prior to the mapping date.
▪ Unique Farmland. Farmland of lesser quality soils used for the production of the State’s leading agricultural crops. This land is usually irrigated but may include non-irrigated orchards or vineyards as found in some climatic zones in California. Land must have been cropped at some time during the four years prior to the mapping date.
▪ Farmland of Local Importance. Land of importance to the local agricultural economy as determined by each county’s board of supervisors and a local advisory committee. ▪ Grazing Land. Land on which the existing vegetation is suited to the grazing of livestock. This category was developed in cooperation with the California Cattlemen’s Association, University of California Cooperative Extension, and other groups interested in the extent of grazing activities.

The minimum mapping unit for Grazing Land is 40 acres.
▪ Urban and Built-up Land. Land occupied by structures with a building density of at least 1 unit to

1.5 acres, or approximately 6 structures to a 10‐acre parcel. This land is used for residential, industrial, commercial, institutional, public administrative purposes, railroad and other transportation yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, water control structures, and other developed purposes. ▪ Other Land. Land not included in any other mapping category. Common examples include low density rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing; confined livestock, poultry, or aquaculture facilities; strip mines and borrow pits; and water bodies smaller than 40 acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land.

California Land Conservation Act (Williamson Act): The California Land Conservation Act of 1965, commonly referred to as the Williamson Act, is promulgated in California Government Code Section 51200‐51297.4, and therefore is applicable only to specific land parcels within the State of California. The Williamson Act enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space uses in return for reduced property tax assessments. Private land within locally designated agricultural preserve areas is eligible for enrollment under Williamson Act contracts. However, an agricultural preserve must consist of no less than 100 acres. In order to meet this requirement two or more parcels may be combined if they are contiguous, or if they are in common ownership.

The Williamson Act program is administered by the Department of Conservation (DOC), in conjunction with local governments, which administer the individual contract arrangements with landowners. The landowner commits the parcel to a 10‐year period, or a 20-year period for property restricted by a Farmland Security Zone Contract, wherein no conversion out of agricultural use is permitted. Each year the contract automatically renews unless a notice of non‐renewal or cancellation is filed. In return, the land is taxed at a rate based on the actual use of the land for agricultural purposes, as opposed to its unrestricted market value. An application for immediate cancellation can also be requested by the landowner, provided that the proposed immediate cancellation application is consistent with the cancellation criteria stated in the California Land Conservation Act and those adopted by the affected county or city. Non‐renewal or immediate cancellation does not change the zoning of the property.

Participation in the Williamson Act program is dependent on county adoption and implementation of the program and is voluntary for landowners.

Page 259 of 374 ends

Yuba City City CouncilOctober 17, 2023

Yuba City City Council
October 17, 2023