The City has adopted a Reasonable Accommodations Policy that provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. Please visit yubacity.net ADA & Accessibility Resources page. If you need assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the City Council, the City is happy to help. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation; 72 hours in advance is suggested. Please contact City offices at (530) 822-4817 or (TTY: 530-822-4732), so such aids or services can be arranged. Requests may also be made by email at [email protected] or [email protected] or mail City Clerk, 1201 Civic Center Blvd, Yuba City, CA 95993.
AGENDA
MARCH 19, 2024
REGULAR MEETING
CITY COUNCIL
CITY OF YUBA CITY
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Shon Harris
VICE MAYOR ● Dave Shaw
COUNCILMEMBER ● Marc Boomgaarden
COUNCILMEMBER ● Wade Kirchner
COUNCILMEMBER ● Michael Pasquale
CITY MANAGER ● Diana Langley
CITY ATTORNEY ● Shannon L. Chaffin
1201 Civic Center Blvd
Yuba City CA 95993
Wheelchair Accessible
AGENDA
REGULAR MEETING
CITY COUNCIL - CITY OF YUBA CITY
MARCH 19, 2024
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s office at 1201 Civic Center Blvd., Yuba City, during normal business hours. Such documents are also available on the City of Yuba City’s website at www.yubacity.net, subject to staff’s availability to post the documents before the meeting.
The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link:
https://yubacity-net.zoom.us/webinar/register/WN_MaGy2XzSScSeqGpx_c8eFQ. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.
Regular Meeting
Call to Order
Roll Call
__ Mayor Harris
__ Vice Mayor Shaw
__ Councilmember Boomgaarden
__ Councilmember Kirchner
__ Councilmember Pasquale
Invocation/Inspiration
Pledge of Allegiance to the Flag
Agenda Modifications/Approval of Agenda
Ceremonial Presentations
1. The Acting Company 40th Year Anniversary Proclamation
2. Quarterly Development Update Presentation by Ashley Potocnik, Development Liaison
Public Communication
3. Appearance of Interested Citizens
You are welcome and encouraged to participate in this meeting. Public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction,
including items not listed on the Agenda will be considered at this time. Public comment is limited to three minutes per speaker. Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted five minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.
Consent Calendar
All matters listed under Consent Calendar are considered to be routine and can be enacted in one motion. There will be no separate discussion of these items prior to the time that Council votes on the motion unless members of the City Council request specific items to be discussed or removed from the Consent Calendar for individual action.
4. Minutes from the Regular Meeting of the City Council on March 5, 2024 Recommendation: Approve minutes from the March 5, 2024 Regular Meeting of the City Council
5. Receive the 2023 Housing Element Annual Progress Report and authorize its submission to the State Department of Housing and Community Development and the Governor’s Office of Planning and Research
Recommendation: A. Receive the 2023 Housing Element Annual Progress Report; and
B. Direct staff to file the report for calendar year 2023 with the State Department of Housing and Community Development
(HCD) and the Governor’s Office of Planning and Research (OPR)
6. 2024 City Hall Holiday Closures
Recommendation: Adopt a Resolution authorizing the closure of City Hall for Thursday, July 4, 2024 through Friday, July 5, 2024, Monday, November 25, 2024 through Friday, November 29, 2024,
Monday, December 23, 2024 through Friday, December 27,
2024, and Wednesday, January 1, 2025
7. Sale of the Southwest Corner of Darrough Drive and Youngs Lane to Erik Mercado
Recommendation: Adopt a Resolution that:
A. Authorizes the City Manager to execute an Agreement for Purchase and Sale of Real Property located at the southwest corner of Darrough Drive and Youngs Lane (APN 051-516-006), and all other necessary documents, in the amount of $23,000 to Erik Mercado, subject to approval of the City Attorney as to legal terms
B. Authorizes the Finance Director to place sale proceeds in the Water Fund
8. West Railroad Village Tentative Subdivision Map (TSM) 23-02 Development Agreement
Recommendation: Adopt an Uncodified Ordinance of the City Council of the City of Yuba City approving Environmental Assessment 23-07 by
Adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map (TSM) 23-02, West Railroad Village Subdivision
and approving a Development Agreement between the City of Yuba City and Junior S. Thiara, an individual, for the West Railroad Village Subdivision (TSM 23-02), on 4.8 acres located on the west side of Railroad Avenue approximately 200 feet south of the intersection of Railroad Avenue and Bogue Road.
Assessor’s Parcel Number 55-240-002, by title only, and waive the second reading
9. Harter Marketplace – Improvement Agreement and Final Map Approval Recommendation: Adopt a Resolution approving the execution of an Improvement Agreement with Harter Packing Group, LLC, a California Limited Liability Company and Dharni Lada Yuba City, LLC, a California Limited Liability Company providing for public improvements associated with the Harter Marketplace Parcel Map, approving the Harter Marketplace Final Map, accepting dedication of rightsof-way and easements shown thereon, and authorizing the filing of the map. [Development is located on the west side of Harter Parkway and north of State Route 20]
10. Water Treatment Plant Alum Storage Tanks Replacement Project Recommendation: Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption, approving the plans and specifications for the Water Treatment Plant (WTP) Alum Storage Tanks Replacement
Project and authorizing advertisement for bids on the project
11. Bridge Street Widening - Contingency Increase
Recommendation: Adopt a Resolution which takes the following actions:
A. Authorizes an increase in the construction contingency of $392,350.11 with a finding that it is in the best interest of the City B. Authorizes the Finance Director to make the necessary related budget transfers and supplemental appropriations to fund the contingency increase
Business Items
12. Yuba-Sutter Economic Development Corporation
2023 CEDS Annual Performance Evaluation and CEDS Appendices I, IV, and V updates
Recommendation: Adopt a Resolution approving the 2023 Comprehensive Economic Development Annual Performance Report and the
updated Appendices I, IV, and V as prepared by the Yuba-Sutter Economic Development Corporation and authorize its submittal to the United States Department of Commerce, Economic
Development Administration
13. Tierra Buena Community Workshop – Council Update
Recommendation: Receive presentation, discuss, and provide staff direction
14. Sutter Heritage Development Agreement Amendment
Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Uncodified Ordinance of the City Council of the
City of Yuba City Adopting a Second Amended and Restated Development Agreement between the City of Yuba City and Chohan & Sons, Inc., Harnek Singh and Navjot Bala and
Paramdeep K. Chohan for the Sutter Heritage Subdivisions (SM 05-05 and SM 08-01) Within the Sutter Heritage Master Plan Area (Assessor’s Parcel 56-030-065), including associated CEQA Findings, by title only and waive the first reading
15. Water System Consolidation - Wildwood East Mutual Water Company Recommendation: Adopt a Resolution approving consolidation of the Wildwood East Mutual Water Company’s water system with the City’s water system and authorizing the Public Works Director to sign a letter of intent to work towards said consolidation
16. Bridge Street – Remnant Property Alternatives
Recommendation: A. Discuss and provide direction to staff regarding preferred development alternatives
B. Temporarily add properties to the City’s weed abatement program and direct staff to initiate feasibility and implementation of preferred alternatives, including actions to initiate disposal / sale of surplus parcels located at 670 Brown Avenue and 977 Bridge Street.
Future Agenda Items
17. Future Agenda Items
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
18. City Manager's Report
19. City Council Reports
Adjournment
Proclamation
of the City Council
The Acting Company
In Honor of The Acting Company’s 40 Year
Anniversary
Proclamation to be presented at the Council Meeting
Ashley Potočnik, Development Liaison, will present a quarterly development update. apotoč[email protected] | 530-822-5195
CITY OF YUBA CITY
Public Communication
Members of the public may address the City Council on items of interest that are within the City’s jurisdiction. Individuals addressing general comments are encouraged to limit their statements.
Procedure
You are welcome and encouraged to participate in this meeting. Complete a Speaker Card located in the lobby and give to the Clerk, public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda, will be considered at this time.
When a matter is announced, wait to be recognized by the Mayor to provide your comments to the Council. Comments should begin by providing your name and place of residence. A three minute limit is requested when addressing Council.
Request for additional time to address Council
Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted 5 minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.
Procedure
When requesting to comment, please indicate your name and the topic and mail to:
City of Yuba City
Attn: City Clerk
1201 Civic Center Blvd
Yuba City CA 95993
Or email to:
Jackie Sillman, City Clerk
[email protected]
Agenda Item 4
CITY OF YUBA CITY
STAFF REPORT
Date: March 19, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes from the Regular Meeting of the City Council on March 5, 2024 Recommendation: Approve minutes from the March 5, 2024 Regular Meeting of the City Council Fiscal Impact: None
Approve the minutes from the Regular Meeting of the City Council on March 5, 2024 Attachments:
1. 03-05-2024 Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:
Ciara Wakefield
CIty Clerk Administrator
Diana Langley
City Manager
ATTACHMENT 1
MINUTES (DRAFT)
REGULAR MEETING
CITY COUNCIL - CITY OF YUBA CITY
MARCH 5, 2024
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
Regular Meeting
The Regular Meeting of the City Council was called to order by Mayor Harris at 6:00 PM Roll Call
Present: Mayor Harris and Councilmembers Boomgaarden, Kirchner, Shaw, and Pasquale
Absent: None
Invocation/Inspiration
Councilmember Wade Kirchner
Pledge of Allegiance to the Flag
Mayor Shon Harris
City Attorney's Report on Closed Session Items
No Closed Session held
Agenda Modifications/Approval of Agenda
No changes were made
Ceremonial Presentations
1. Yuba City Downtown Business Association President Sandee Drown Proclamation
Mayor Harris presented a proclamation to Sandee Drown.
Public Communication
2. Appearance of Interested Citizens
No public comment
Consent Calendar
Councilmember Vice-Mayor Shaw moved and Councilmember Kirchner seconded the motion to
approve Consent Calendar items 3-9:
3. Minutes from the Regular Meeting of the City Council on February 20, 2024 Approve minutes from the February 20, 2024 Regular Meeting of the City Council
4. Adoption of updated District Boundaries to include property annexed into the City
Adopt Ordinance 004-24 of the City Council of the City of Yuba City amending Section 2-9.05 of the Yuba City Municipal Code and adopting revised district boundaries; by title only and waive the second reading
5. Sale of 1488 Royo Ranchero Drive to Stewart Gibbs
Adopt Resolution 24-020 that:
A. Authorizes the City Manager to execute and Agreement for Purchase and Sale of Real Property located at 1488 Royo Ranchero Drive (APN 062- 210-002), and all other necessary documents, in the amount of $18,000 to Stewart Gibbs, subject to approval of the City Attorney as to legal terms B. Authorizes the Finance Director to place sale proceeds in the Water Fund
6. Appointments to the City of Yuba City Parks & Recreation and Senior Commissions
Approve the Recommendations for the appointment of one (1) new member to the Parks & Recreation Commission and the reappointment of two (2) members to the Senior Commission
7. FEMA Letter of Concurrence
Adopt Resolution 24-021 authorizing the Public Works Director to submit a Letter of Concurrence to the Federal Emergency Management Agency supporting a Letter of Map Revision request
8. Presentation of Investment Report – Quarter Ended December 31, 2023 Note & File Quarterly Investment Report
9. Merriment Village - Cooperative Agreement for Grant Application Adopt Resolution 24-022 authorizing the Mayor to enter into a Cooperative Agreement with Habitat for Humanity Yuba/Sutter, Inc. for the Affordable Housing and Sustainable Communities Program, subject to review and approval by the City Attorney
The motion was passed unanimously
Business Items
10. Consideration of a Development Agreement for the West Railroad Village Tentative Subdivision Map (TSM) 23-02
Mayor Harris opened a Public Hearing
Sean Minard spoke
Mayor Harris closed the Public Hearing
Councilmember Boomgaarden moved and Vice-Mayor Shaw seconded the motion to:
Introduce an Uncodified Ordinance of the City Council of the City of Yuba City approving Environmental Assessment 23-07 by Adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map (TSM) 23-02, West Railroad Village Subdivision and approving a Development Agreement between the City of Yuba City and Junior S. Thiara, an individual, for the West Railroad Village Subdivision (TSM 23-02), on 4.8 acres located on the west side of Railroad Avenue approximately 200 feet south of the intersection of Railroad Avenue and Bogue Road (Assessor’s Parcel Number 55-240-002) by title only and waive the first reading
The motion was passed unanimously
Future Agenda Items
11. Future Agenda Items
No suggestions were made
Reports and Communications
12. City Manager's Report
13. City Council Reports
- Councilmember Boomgaarden
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Shaw
- Mayor Harris
Adjournment
Mayor Harris adjourned the Regular Meeting of the City Council at 6:25 PM _____________________________
Shon Harris, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk
Agenda Item 5
CITY OF YUBA CITY
STAFF REPORT
Date: March 19, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Receive the 2023 Housing Element Annual Progress Report and authorize its submission to the State Department of Housing and Community Development and the Governor’s Office of Planning and Research
Recommendation: A. Receive the 2023 Housing Element Annual Progress Report; and B. Direct staff to file the report for calendar year 2023 with the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR)
Fiscal Impact: None. Existing budgeted monies are being used to prepare this item Purpose:
Authorize submittal of the Housing Element Annual Progress Report to HCD and OPR as required by State Housing law.
Council’s Strategic Goal:
This item addresses City Council’s overall goal of maintaining and enhancing our quality of life.
Background:
State Housing Law, commencing at Government Code Section 65400, requires cities and counties to annually report on the status of their General Plan Housing Elements and progress in its implementation using forms adopted by HCD. State Housing law also requires that prior to submitting the annual progress report, the City Council must hold a public meeting. Housing Element Annual Progress Reports are required to be submitted to HCD by April 1st of each year.
Analysis:
The Housing Element Annual Progress Report covers housing related activity for the preceding calendar year and includes the following key HCD required sections:
• Table A – Housing development applications submitted; • Table A2 – Annual building activity report summary – new construction, entitled, permits, and completed units;
• Table B – Regional Housing Needs Allocation (RHNA) progress – permitted units issued by affordability;
• Table D – Program implementation status pursuant to Government Code section 65583; • Table F – Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code Section 65583.1(c)
• Summary Table
• Local Early Action Planning (LEAP) Reporting
Fiscal Impact:
There is no additional fiscal impact because of this project. Existing budgeted monies are being used to prepare this documentation.
Alternatives:
No viable alternative recommendations are available because the filing of the Housing Element Annual Progress Report is a statutory requirement.
Recommendations:
1. Receive the 2023 Housing Element Annual Progress Report; and
2. Direct staff to file the report for calendar year 2023 with the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).
Attachments:
1. 2023 Housing Element Annual Progress Report
Prepared By: Submitted By:
Doug Libby, AICP
Deputy Development Services Director
Diana Langley
City Manager
ATTACHMENT 1
2023 YUBA CITY Housing Element Annual Progress Report
General InformationFirst Name Jaspreet Street Address 1201 Civic Center Blvd Phone 5308223233Last Name Kaur City Yuba City Email [email protected] Associate Planner Zip Code 95993Comments: Include any additional information or explanation for the information provided in the following tables.
YUBA CITY - 2023 1
2023 YUBA CITY Housing Element Annual Progress Report
TABLE A - Housing Development Applications SubmittedUnit Information Project Identifier Proposed Units Affordability by Household Incomes Current APN Street
Address
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total
Proposed
Units by
Project
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
58-020-001 400 North
Walton Avenue
0 0 0 0 0 65 0 65 65 0
055-240-002 W Railroad
Avenue
0 0 0 0 0 48 0 48 48 0
062-082-004
and 062-082-
012
1112 El
Margarita
0 0 0 0 0 4 0 4 0 0
058-120-001 428 N Walton
Avenue
0 0 218 0 0 0 0 218 218 0
Totals 0 0 218 0 0 117 0 335 331 0
YUBA CITY - 2023 2
Project Information
Project Identifier Unit Types Density Bonus Applications Prior APN Current APN Street
Address
Project Name Local
Jurisdiction
Tracking ID
Unit
Category
Tenure Date
Application
Submitted
Was
Application
Submitted
Pursuant to
SB 35
Streamlining?
Was a Density
Bonus
requested for
this housing
development?
Was a Density
Bonus
approved for
this housing
development?
Please
indicate the
status of the
application
Notes
58-020-001 400 North
Walton Avenue
West Walton
Village
TSM 23-01 2 to 4 Owner 01/03/2023 NONE No N/A Approved
055-240-002 W Railroad
Avenue
West Railroad
Village
TSM 23-02 2 to 4 Owner 04/03/2023 NONE No N/A Approved
062-082-004
and 062-082-
012
1112 El
Margarita
Gorsi
Subdivision
TSM 23-03 SFD Owner 08/29/2023 NONE No N/A Pending Pending PlanningCommissionapproval
058-120-001 428 N Walton
Avenue
Merriment
Village
Apartments
DP 23-02 5+ Renter 04/19/2023 NONE No N/A Approved
YUBA CITY - 2023 3
2023 YUBA CITY Housing Element Annual Progress Report
TABLE A2 - Annual Building Activity Report Summary - New ConstructionEntitlements Project Identifier Affordability by Household Income - Entitlements Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date
Approved
# of Units
Issued
Entitlements
52-081-001 655 GRAY
AVE, Yuba
City, CA 95991
BLD23-00520 0 0 0 0 0 0 1 01/01/2022 1
52-216-014 719 OLIVE ST,
Yuba City, CA
95991
BLD23-01266 0 0 0 0 0 0 1 01/01/2022 1
56-281-017 1237 JOSEPH
ST, Yuba City,
CA 95993
BLD22-01244 0 0 0 0 0 0 1 01/01/2022 1
55-030-009 1990 RAPID
FALLS DR,
Yuba City, CA
95991
BLD22-00241 0 0 0 0 0 0 1 01/01/2022 1
52-081-001 655 GRAY
AVE, Yuba
City, CA 95991
BLD23-01803 0 0 0 0 0 0 1 01/01/2022 1
57-213-024 1670
SANDPIPER
DR, Yuba City,
CA 95993
BLD22-01536 0 0 0 0 0 0 1 01/01/2022 1
53-416-002 206 MOORE
AVE, Yuba
City, CA 95991
BLD23-01783 0 0 0 0 0 0 1 01/01/2022 1
52-520-013 348 B ST,
Yuba City, CA
95991
BLD22-01813 0 0 0 0 0 0 6 01/01/2022 6
YUBA CITY - 2023 4
52-520-012 350 B ST,
Yuba City, CA
95991
BLD22-01814 0 0 0 0 0 0 6 01/01/2022 6
52-265-004 813 SHASTA
ST, Yuba City,
CA 95991
BLD22-02797 0 0 0 0 0 0 1 01/01/2022 1
59-410-049 2496
STABLER LN,
Yuba City, CA
95993
BLD23-00349 0 0 0 0 0 0 1 01/01/2022 1
62-440-072 1108 BILLIE
KEITH WAY,
Yuba City, CA
95993
BLD23-01391 0 0 0 0 0 0 1 01/01/2022 1
62-440-073 1096 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01392 0 0 0 0 0 0 1 01/01/2022 1
62-420-000 1137 AMBER
CT, YUBA
CITY, CA
95993
BLD23-01140 0 0 0 0 0 0 1 01/01/2022 1
62-420-059 1132 SYDNEY
CT, YUBA
CITY, CA
95993
BLD23-01039 0 0 0 0 0 0 1 01/01/2022 1
62-440-069 1144 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01379 0 0 0 0 0 0 1 01/01/2022 1
62-440-070 1132 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01380 0 0 0 0 0 0 1 01/01/2022 1
62-440-075 1083 BILLIE
KEITH WAY,
Yuba City, CA
95993
BLD23-01387 0 0 0 0 0 0 1 01/01/2022 1
YUBA CITY - 2023 5
62-420-065 1100 SYDNEY
CT, YUBA
CITY, CA
95993
BLD23-00665 0 0 0 0 0 0 1 01/01/2022 1
62-440-077 1107 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01388 0 0 0 0 0 0 1 01/01/2022 1
62-440-079 1131 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01390 0 0 0 0 0 0 1 01/01/2022 1
62-440-055 2740 ETHEL
DR, YUBA
CITY, CA
95993
BLD23-01383 0 0 0 0 0 0 1 01/01/2022 1
62-440-078 1119 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01384 0 0 0 0 0 0 1 01/01/2022 1
62-440-076 1095 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01389 0 0 0 0 0 0 1 01/01/2022 1
62-420-049 3311 SAM
BRANNAN
WAY, YUBA
CITY, CA
95993
BLD23-01761 0 0 0 0 0 0 1 01/01/2022 1
62-045-014 1277 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02242 0 0 0 0 0 0 1 01/01/2022 1
62-045-021 1221 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02246 0 0 0 0 0 0 1 01/01/2022 1
YUBA CITY - 2023 6
62-045-019 1237 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02248 0 0 0 0 0 0 1 01/01/2022 1
62-045-023 1205 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02249 0 0 0 0 0 0 1 01/01/2022 1
62-045-022 1213 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02253 0 0 0 0 0 0 1 01/01/2022 1
62-420-040 3314 JOHN
FREMONT
WAY, YUBA
CITY, CA
95993
BLD23-01762 0 0 0 0 0 0 1 01/01/2022 1
62-045-020 1229 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02251 0 0 0 0 0 0 1 01/01/2022 1
62-450-001 1214
JEFFERSON
AVE, YUBA
CITY, CA
95993
BLD23-01989 0 0 0 0 0 0 1 01/01/2022 1
62-045-017 1253 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02250 0 0 0 0 0 0 1 01/01/2022 1
62-045-018 1245 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02245 0 0 0 0 0 0 1 01/01/2022 1
62-045-015 1269 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02247 0 0 0 0 0 0 1 01/01/2022 1
YUBA CITY - 2023 7
62-420-061 3342 SAM
BRANNAN
WAY, YUBA
CITY, CA
95993
BLD23-02378 0 0 0 0 0 0 1 01/01/2022 1
62-440-071 1120 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01381 0 0 0 0 0 0 1 01/01/2022 1
62-420-066 1108 SYDNEY
CT, YUBA
CITY, CA
95993
BLD23-02377 0 0 0 0 0 0 1 01/01/2022 1
62-045-016 1261 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02244 0 0 0 0 0 0 1 01/01/2022 1
62-450-002 1202
JEFFERSON
AVE, YUBA
CITY, CA
95993
BLD23-01990 0 0 0 0 0 0 1 01/01/2022 1
Totals 0 0 0 0 0 0 51 51
YUBA CITY - 2023 8
Building Permits
Project Identifier Affordability by Household Income - Building Permits Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units
Issued
Building
Permits
52-081-001 655 GRAY
AVE, Yuba
City, CA 95991
BLD23-00520 0 0 0 0 0 0 1 04/26/2023 1
52-216-014 719 OLIVE ST,
Yuba City, CA
95991
BLD23-01266 0 0 0 0 0 0 1 08/25/2023 1
56-281-017 1237 JOSEPH
ST, Yuba City,
CA 95993
BLD22-01244 0 0 0 0 0 0 1 01/11/2023 1
55-030-009 1990 RAPID
FALLS DR,
Yuba City, CA
95991
BLD22-00241 0 0 0 0 0 0 1 05/15/2023 1
52-081-001 655 GRAY
AVE, Yuba
City, CA 95991
BLD23-01803 0 0 0 0 0 0 1 10/10/2023 1
57-213-024 1670
SANDPIPER
DR, Yuba City,
CA 95993
BLD22-01536 0 0 0 0 0 0 1 01/03/2023 1
53-416-002 206 MOORE
AVE, Yuba
City, CA 95991
BLD23-01783 0 0 0 0 0 0 1 09/15/2023 1
52-520-013 348 B ST,
Yuba City, CA
95991
BLD22-01813 0 0 0 0 0 0 6 07/26/2023 6
52-520-012 350 B ST,
Yuba City, CA
95991
BLD22-01814 0 0 0 0 0 0 6 07/26/2023 6
52-265-004 813 SHASTA
ST, Yuba City,
CA 95991
BLD22-02797 0 0 0 0 0 0 1 01/23/2023 1
YUBA CITY - 2023 9
59-410-049 2496
STABLER LN,
Yuba City, CA
95993
BLD23-00349 0 0 0 0 0 0 1 06/01/2023 1
62-440-072 1108 BILLIE
KEITH WAY,
Yuba City, CA
95993
BLD23-01391 0 0 0 0 0 0 1 06/29/2023 1
62-440-073 1096 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01392 0 0 0 0 0 0 1 06/29/2023 1
62-420-000 1137 AMBER
CT, YUBA
CITY, CA
95993
BLD23-01140 0 0 0 0 0 0 1 06/29/2023 1
62-420-059 1132 SYDNEY
CT, YUBA
CITY, CA
95993
BLD23-01039 0 0 0 0 0 0 1 05/05/2023 1
62-440-069 1144 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01379 0 0 0 0 0 0 1 06/29/2023 1
62-440-070 1132 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01380 0 0 0 0 0 0 1 06/29/2023 1
62-440-075 1083 BILLIE
KEITH WAY,
Yuba City, CA
95993
BLD23-01387 0 0 0 0 0 0 1 08/04/2023 1
62-420-065 1100 SYDNEY
CT, YUBA
CITY, CA
95993
BLD23-00665 0 0 0 0 0 0 1 04/28/2023 1
YUBA CITY - 2023 10
62-440-077 1107 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01388 0 0 0 0 0 0 1 06/29/2023 1
62-440-079 1131 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01390 0 0 0 0 0 0 1 08/04/2023 1
62-440-055 2740 ETHEL
DR, YUBA
CITY, CA
95993
BLD23-01383 0 0 0 0 0 0 1 06/29/2023 1
62-440-078 1119 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01384 0 0 0 0 0 0 1 06/29/2023 1
62-440-076 1095 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01389 0 0 0 0 0 0 1 06/29/2023 1
62-420-049 3311 SAM
BRANNAN
WAY, YUBA
CITY, CA
95993
BLD23-01761 0 0 0 0 0 0 1 08/25/2023 1
62-045-014 1277 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02242 0 0 0 0 0 0 1 12/07/2023 1
62-045-021 1221 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02246 0 0 0 0 0 0 1 12/07/2023 1
62-045-019 1237 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02248 0 0 0 0 0 0 1 12/07/2023 1
YUBA CITY - 2023 11
62-045-023 1205 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02249 0 0 0 0 0 0 1 12/07/2023 1
62-045-022 1213 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02253 0 0 0 0 0 0 1 12/07/2023 1
62-420-040 3314 JOHN
FREMONT
WAY, YUBA
CITY, CA
95993
BLD23-01762 0 0 0 0 0 0 1 08/25/2023 1
62-045-020 1229 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02251 0 0 0 0 0 0 1 12/07/2023 1
62-450-001 1214
JEFFERSON
AVE, YUBA
CITY, CA
95993
BLD23-01989 0 0 0 0 0 0 1 11/01/2023 1
62-045-017 1253 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02250 0 0 0 0 0 0 1 12/07/2023 1
62-045-018 1245 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02245 0 0 0 0 0 0 1 12/07/2023 1
62-045-015 1269 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02247 0 0 0 0 0 0 1 12/07/2023 1
62-420-061 3342 SAM
BRANNAN
WAY, YUBA
CITY, CA
95993
BLD23-02378 0 0 0 0 0 0 1 12/13/2023 1
YUBA CITY - 2023 12
62-440-071 1120 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01381 0 0 0 0 0 0 1 06/29/2023 1
62-420-066 1108 SYDNEY
CT, YUBA
CITY, CA
95993
BLD23-02377 0 0 0 0 0 0 1 12/13/2023 1
62-045-016 1261 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02244 0 0 0 0 0 0 1 12/07/2023 1
62-450-002 1202
JEFFERSON
AVE, YUBA
CITY, CA
95993
BLD23-01990 0 0 0 0 0 0 1 11/01/2023 1
Totals 0 0 0 0 0 0 51 51
YUBA CITY - 2023 13
Certificate of Occupancy
Project Identifier Affordability by Household Income - Certificate of Occupancy Current APN Street
Address
Local
Jurisdiction
Tracking ID
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or
other forms of
readiness
Date Issued
# of Units
Issued
Certificates ofOccupancy or
other forms of
readiness
52-081-001 655 GRAY
AVE, Yuba
City, CA 95991
BLD23-00520 0 0 0 0 0 0 1 04/26/2023 1
52-216-014 719 OLIVE ST,
Yuba City, CA
95991
BLD23-01266 0 0 0 0 0 0 1 08/25/2023 1
56-281-017 1237 JOSEPH
ST, Yuba City,
CA 95993
BLD22-01244 0 0 0 0 0 0 1 01/11/2023 1
55-030-009 1990 RAPID
FALLS DR,
Yuba City, CA
95991
BLD22-00241 0 0 0 0 0 0 0 0
52-081-001 655 GRAY
AVE, Yuba
City, CA 95991
BLD23-01803 0 0 0 0 0 0 0 0
57-213-024 1670
SANDPIPER
DR, Yuba City,
CA 95993
BLD22-01536 0 0 0 0 0 0 0 0
53-416-002 206 MOORE
AVE, Yuba
City, CA 95991
BLD23-01783 0 0 0 0 0 0 1 11/15/2023 1
52-520-013 348 B ST,
Yuba City, CA
95991
BLD22-01813 0 0 0 0 0 0 0 0
52-520-012 350 B ST,
Yuba City, CA
95991
BLD22-01814 0 0 0 0 0 0 0 0
YUBA CITY - 2023 14
52-265-004 813 SHASTA
ST, Yuba City,
CA 95991
BLD22-02797 0 0 0 0 0 0 1 12/12/2023 1
59-410-049 2496
STABLER LN,
Yuba City, CA
95993
BLD23-00349 0 0 0 0 0 0 0 0
62-440-072 1108 BILLIE
KEITH WAY,
Yuba City, CA
95993
BLD23-01391 0 0 0 0 0 0 1 06/29/2023 1
62-440-073 1096 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01392 0 0 0 0 0 0 0 0
62-420-000 1137 AMBER
CT, YUBA
CITY, CA
95993
BLD23-01140 0 0 0 0 0 0 0 0
62-420-059 1132 SYDNEY
CT, YUBA
CITY, CA
95993
BLD23-01039 0 0 0 0 0 0 0 0
62-440-069 1144 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01379 0 0 0 0 0 0 1 06/29/2023 1
62-440-070 1132 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01380 0 0 0 0 0 0 0 0
62-440-075 1083 BILLIE
KEITH WAY,
Yuba City, CA
95993
BLD23-01387 0 0 0 0 0 0 0 0
62-420-065 1100 SYDNEY
CT, YUBA
CITY, CA
95993
BLD23-00665 0 0 0 0 0 0 1 11/09/2023 1
YUBA CITY - 2023 15
62-440-077 1107 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01388 0 0 0 0 0 0 0 0
62-440-079 1131 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01390 0 0 0 0 0 0 0 0
62-440-055 2740 ETHEL
DR, YUBA
CITY, CA
95993
BLD23-01383 0 0 0 0 0 0 0 0
62-440-078 1119 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01384 0 0 0 0 0 0 0 0
62-440-076 1095 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01389 0 0 0 0 0 0 0 0
62-420-049 3311 SAM
BRANNAN
WAY, YUBA
CITY, CA
95993
BLD23-01761 0 0 0 0 0 0 0 0
62-045-014 1277 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02242 0 0 0 0 0 0 0 0
62-045-021 1221 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02246 0 0 0 0 0 0 0 0
62-045-019 1237 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02248 0 0 0 0 0 0 0 0
YUBA CITY - 2023 16
62-045-023 1205 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02249 0 0 0 0 0 0 0 0
62-045-022 1213 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02253 0 0 0 0 0 0 0 0
62-420-040 3314 JOHN
FREMONT
WAY, YUBA
CITY, CA
95993
BLD23-01762 0 0 0 0 0 0 0 0
62-045-020 1229 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02251 0 0 0 0 0 0 0 0
62-450-001 1214
JEFFERSON
AVE, YUBA
CITY, CA
95993
BLD23-01989 0 0 0 0 0 0 0 0
62-045-017 1253 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02250 0 0 0 0 0 0 0 0
62-045-018 1245 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02245 0 0 0 0 0 0 0 0
62-045-015 1269 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02247 0 0 0 0 0 0 0 0
62-420-061 3342 SAM
BRANNAN
WAY, YUBA
CITY, CA
95993
BLD23-02378 0 0 0 0 0 0 0 0
YUBA CITY - 2023 17
62-440-071 1120 BILLIE
KEITH WAY,
YUBA CITY,
CA 95993
BLD23-01381 0 0 0 0 0 0 0 0
62-420-066 1108 SYDNEY
CT, YUBA
CITY, CA
95993
BLD23-02377 0 0 0 0 0 0 0 0
62-045-016 1261 RUTH
AVENUE,
YUBA CITY,
CA 95993
BLD23-02244 0 0 0 0 0 0 0 0
62-450-002 1202
JEFFERSON
AVE, YUBA
CITY, CA
95993
BLD23-01990 0 0 0 0 0 0 0 0
Totals 0 0 0 0 0 0 8 8
YUBA CITY - 2023 18
Project Information
Project Identifier Unit Types Housing with
Financial
Assistance and/or
Deed Restrictions
Demolished/Destroyed Units
Units?
Prior
APN
Current
APN
Street
Address
Project
Name
Local
Jurisdicti
on
Tracking
ID
Unit
Category
Tenure Extremel
y Low
Income
Units
Was
Project
Approve
d using
SB 35
Streamli
ning?
Infill
Units?
Assistan
ce
Program
s for
each
Develop
ment
Deed
Restricti
on Type
Housing
without
Financial
Assistan
ce or
Deed
Restricti
ons
Term of
Affordabi
lity or
Deed
Restricti
on
Number
of
Demolish
ed/
Destroye
d Units
Demolish
ed or
Destroye
d Units?
Demolish
ed/ or
Destroye
d Units
Owner or
Renter
Notes
52-081-
001
655
GRAY
AVE,
Yuba
City, CA
95991
BLD23-
00520
ADU Owner 0 NONE N 0
52-216-
014
719
OLIVE
ST, Yuba
City, CA
95991
BLD23-
01266
ADU Owner 0 NONE N 0
56-281-
017
1237
JOSEPH
ST, Yuba
City, CA
95993
BLD22-
01244
ADU Owner 0 NONE N 0
55-030-
009
1990
RAPIDFALLS
DR, Yuba
City, CA
95991
BLD22-
00241
ADU Owner 0 NONE N 0
YUBA CITY - 2023 19
52-081-
001
655
GRAY
AVE,
Yuba
City, CA
95991
BLD23-
01803
ADU Owner 0 NONE N 0
57-213-
024
1670
SANDPIP
ER DR,
Yuba
City, CA
95993
BLD22-
01536
ADU Owner 0 NONE N 0
53-416-
002
206
MOORE
AVE,
Yuba
City, CA
95991
BLD23-
01783
ADU Owner 0 NONE N 0
52-520-
013
348 B ST,
Yuba
City, CA
95991
BLD22-
01813
5+ Renter 0 NONE N 0
52-520-
012
350 B ST,
Yuba
City, CA
95991
BLD22-
01814
5+ Renter 0 NONE N 0
52-265-
004
813
SHASTA
ST, Yuba
City, CA
95991
BLD22-
02797
SFD Owner 0 NONE N 0
59-410-
049
2496
STABLE
R LN,
Yuba
City, CA
95993
BLD23-
00349
SFD Owner 0 NONE N 0
YUBA CITY - 2023 20
62-440-
072
1108
BILLIE
KEITH
WAY,
Yuba
City, CA
95993
BLD23-
01391
SFD Owner 0 NONE N 0
62-440-
073
1096
BILLIE
KEITH
WAY,
YUBA
CITY, CA
95993
BLD23-
01392
SFD Owner 0 NONE N 0
62-420-
000
1137
AMBER
CT,
YUBA
CITY, CA
95993
BLD23-
01140
SFD Owner 0 NONE N 0
62-420-
059
1132
SYDNEY
CT,
YUBA
CITY, CA
95993
BLD23-
01039
SFD Owner 0 NONE N 0
62-440-
069
1144
BILLIE
KEITH
WAY,
YUBA
CITY, CA
95993
BLD23-
01379
SFD Owner 0 NONE N 0
62-440-
070
1132
BILLIE
KEITH
WAY,
YUBA
CITY, CA
95993
BLD23-
01380
SFD Owner 0 NONE N 0
YUBA CITY - 2023 21
62-440-
075
1083
BILLIE
KEITH
WAY,
Yuba
City, CA
95993
BLD23-
01387
SFD Owner 0 NONE N 0
62-420-
065
1100
SYDNEY
CT,
YUBA
CITY, CA
95993
BLD23-
00665
SFD Owner 0 NONE N 0
62-440-
077
1107
BILLIE
KEITH
WAY,
YUBA
CITY, CA
95993
BLD23-
01388
SFD Owner 0 NONE N 0
62-440-
079
1131
BILLIE
KEITH
WAY,
YUBA
CITY, CA
95993
BLD23-
01390
SFD Owner 0 NONE N 0
62-440-
055
2740
ETHEL
DR,
YUBA
CITY, CA
95993
BLD23-
01383
SFD Owner 0 NONE N 0
62-440-
078
1119
BILLIE
KEITH
WAY,
YUBA
CITY, CA
95993
BLD23-
01384
SFD Owner 0 NONE N 0
YUBA CITY - 2023 22
62-440-
076
1095
BILLIE
KEITH
WAY,
YUBA
CITY, CA
95993
BLD23-
01389
SFD Owner 0 NONE N 0
62-420-
049
3311
SAM
BRANNA
N WAY,
YUBA
CITY, CA
95993
BLD23-
01761
SFD Owner 0 NONE N 0
62-045-
014
1277
RUTH
AVENUE,
YUBA
CITY, CA
95993
BLD23-
02242
SFD Owner 0 NONE N 0
62-045-
021
1221
RUTH
AVENUE,
YUBA
CITY, CA
95993
BLD23-
02246
SFD Owner 0 NONE N 0
62-045-
019
1237
RUTH
AVENUE,
YUBA
CITY, CA
95993
BLD23-
02248
SFD Owner 0 NONE N 0
62-045-
023
1205
RUTH
AVENUE,
YUBA
CITY, CA
95993
BLD23-
02249
SFD Owner 0 NONE N 0
YUBA CITY - 2023 23
62-045-
022
1213
RUTH
AVENUE,
YUBA
CITY, CA
95993
BLD23-
02253
SFD Owner 0 NONE N 0
62-420-
040
3314
JOHN
FREMON
T WAY,
YUBA
CITY, CA
95993
BLD23-
01762
SFD Owner 0 NONE N 0
62-045-
020
1229
RUTH
AVENUE,
YUBA
CITY, CA
95993
BLD23-
02251
SFD Owner 0 NONE N 0
62-450-
001
1214
JEFFERS
ON AVE,
YUBA
CITY, CA
95993
BLD23-
01989
SFD Owner 0 NONE N 0
62-045-
017
1253
RUTH
AVENUE,
YUBA
CITY, CA
95993
BLD23-
02250
SFD Owner 0 NONE N 0
62-045-
018
1245
RUTH
AVENUE,
YUBA
CITY, CA
95993
BLD23-
02245
SFD Owner 0 NONE N 0
YUBA CITY - 2023 24
62-045-
015
1269
RUTH
AVENUE,
YUBA
CITY, CA
95993
BLD23-
02247
SFD Owner 0 NONE N 0
62-420-
061
3342
SAM
BRANNA
N WAY,
YUBA
CITY, CA
95993
BLD23-
02378
SFD Owner 0 NONE N 0
62-440-
071
1120
BILLIE
KEITH
WAY,
YUBA
CITY, CA
95993
BLD23-
01381
SFD Owner 0 NONE N 0
62-420-
066
1108
SYDNEY
CT,
YUBA
CITY, CA
95993
BLD23-
02377
SFD Owner 0 NONE N 0
62-045-
016
1261
RUTH
AVENUE,
YUBA
CITY, CA
95993
BLD23-
02244
SFD Owner 0 NONE N 0
62-450-
002
1202
JEFFERS
ON AVE,
YUBA
CITY, CA
95993
BLD23-
01990
SFD Owner 0 NONE N 0
YUBA CITY - 2023 25
Density Bonus
Project Identifier Density Bonus
Current APN Street Address Local Jurisdiction
Tracking ID
Deed Restriction Type Total Density Bonus
Applied to the Project
(Percentage Increase
in Total Allowable
Units or Total
Maximum Allowable
Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given to
the Project (Excluding
Parking Waivers or
Parking Reductions)
List the incentives,
concessions, waivers,
and modifications
(Excluding ParkingWaivers or Parking
Modifications)
Did the project receive
a reduction or waiver
of parking standards?
(Y/N)
YUBA CITY - 2023 26
Very Low* 756
Deed
restricted
0 0 0 0 0 0 0 0 0 0
0 756
NonRestricted 0 0 0 0 0 0 0 0 0 0
Low 455
Deed
restricted
0 0 0 0 0 0 0 0 0 0
0 455
NonRestricted 0 0 0 0 0 0 0 0 0 0
Moderate 622
Deed
restricted
0 0 0 0 0 0 0 0 0 0
0 622
NonRestricted 0 0 0 0 0 0 0 0 0 0
Above
Moderate
1,475 0 30 50 51 0 0 0 0 0 0 131 1,344
Total Units 0 30 50 51 0 0 0 0 0 0 131
Total
RHNA
3,308 Total Remaining Need for RHNA Period 3,177
Extremely Low-Income
Units**
378 0 0 0 0 0 0 0 0 0 0 378
For the last year of the 5th cycle planning period, Table B will only include units that were permitted before the end date of the 5th cycle planning period.For the first year of the 6th cycle planning period, Table B will only include units that were permitted since the start date of the 6th cycle planning period. 2023 YUBA CITY Housing Element Annual Progress Report
TABLE B - Regional Housing Needs Allocation ProgressPermitted Units Issued by Affordability Income
Level
RHNA
Allocation
Restriction
s
Projection
Period
Year 1 -
2021
Year 2 -
2022
Year 3 -
2023
Year 4 -
2024
Year 5 -
2025
Year 6 -
2026
Year 7 -
2027
Year 8 -
2028
Year 9 -
2029
Total Units
to Date (all
years)
Total
Remaining
RHNA by
Income
Level
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1) Extremely
Low-Income
Need
Year 1 -
2021
Year 2 -
2022
Year 3 -
2023
Year 4 -
2024
Year 5 -
2025
Year 6 -
2026
Year 7 -
2027
Year 8 -
2028
Year 9 -
2029
Total Units
to Date
Total
Remaining
ELI Need
YUBA CITY - 2023 27
Projection Period units are included in a separate column. *Units serving extremely low-income households must be included in the very low-income permitted totals in order to be credited toward the RHNA.**Extremely low-income units determined pursuant to Government Code 65583(a)(1). Default value is half of the very low-income RHNA. May be overwritten.
YUBA CITY - 2023 28
2023 YUBA CITY Housing Element Annual Progress Report
TABLE C - Sites Identified or Rezoned to Accommodate Shortfall Housing Need Project Identifier RHNA Shortfall by Income Density Allowed APN Street
Address
Project
Name
Local
Jurisdicti
on
Tracking
ID
Date of
Rezone
Very Low
-Income
LowIncome Moderate -Income Above Moderate
-Income
Type of
Shortfall
Parcel
Size
(Acres)
General
Plan
Designati
on
Zoning Minimum Maximu
m
Realistic
Capacity
Vacant
Non
Vacant
Descripti
on of
Existing
Uses
59-020-
017
1835
BUTTE
HOUSE
RD
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 12 0 Shortfall
of Sites
0.9 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 12 NonVacant Single family
residence
59-020-
015
1851
BUTTE
HOUSE
RD
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 5 0 Shortfall
of Sites
0.39 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 5 Vacant
59-530-
034
0 BUTTE
HOUSE
RD
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 50 0 Shortfall
of Sites
3.98 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 50 Vacant
59-020-
018
1821
BUTTE
HOUSE
RD
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 12 0 Shortfall
of Sites
1.0 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 12 NonVacant Single family
residence
59-020-
016
1851
BUTTE
HOUSE
RD
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 6 0 Shortfall
of Sites
0.45 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 6 Vacant
YUBA CITY - 2023 29
51-393-
003
0 MARKET
ST
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 6 0 Shortfall
of Sites
0.48 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 6 Vacant
51-393-
002
0 MARKET
ST
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 8 0 Shortfall
of Sites
0.74 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 8 Vacant
57-150-
078
247 S
WALTON
AVE
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 8 0 Shortfall
of Sites
0.77 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 8 NonVacant Single family
residence
57-150-
004
217 S
WALTON
AVE
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 6 0 Shortfall
of Sites
0.47 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 6 Vacant
57-150-
050
211 S
WALTON
AVE
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 12 0 Shortfall
of Sites
1.0 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 12 Vacant
58-120-
001
428 N
WALTON
AVE
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 150 0 Shortfall
of Sites
7.38 MediumHigh
Density
Residenti
al
(MHDR)
R-3 X29 20 36 150 Vacant
YUBA CITY - 2023 30
57-220-
065
0 WALTON
AVE
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 2 0 Shortfall
of Sites
0.11 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 2 Vacant
53-470-
088
0 MILES
AVE
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 18 0 Shortfall
of Sites
1.41 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 18 NonVacant Housing
53-470-
079
344
SAMUEL
DR
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 24 0 Shortfall
of Sites
2.05 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 24 NonVacant Housing
53-470-
083
0 JAMES
LN
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 29 0 Shortfall
of Sites
2.43 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 29 Vacant
53-470-
087
0 MC
KEEHAN
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 65 0 Shortfall
of Sites
2.86 MediumHigh
Density
Residenti
al
(MHDR)
R-3 X29 20 36 65 Vacant
53-470-
076
448
GARDEN
HWY
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 10 0 Shortfall
of Sites
0.67 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 10 NonVacant Housing
YUBA CITY - 2023 31
53-470-
085
0 MILES
AVE
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 1 0 Shortfall
of Sites
0.2 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 1 NonVacant Housing
53-470-
078
363
MILES
AVE
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 42 0 Shortfall
of Sites
3.25 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 42 NonVacant Housing
53-470-
077
363
ATWOOD
DR
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 20 0 Shortfall
of Sites
1.55 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 20 NonVacant Housing
53-470-
081
0 SAMUEL
DR
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 12 0 Shortfall
of Sites
1.05 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 12 NonVacant Housing
53-470-
086
420
MILES
AVE
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 105 0 Shortfall
of Sites
8.21 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 105 Vacant
53-470-
095
0 MILES
AVE
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 6 0 Shortfall
of Sites
0.41 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 6 Vacant
YUBA CITY - 2023 32
53-470-
082
456
GARDEN
HWY
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 23 0 Shortfall
of Sites
1.91 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 23 NonVacant Housing
53-470-
092
380 MC
KEEHAN
DR
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 23 0 Shortfall
of Sites
1.88 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 23 NonVacant Housing
53-470-
080
334
SAMUEL
DR
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 7 0 Shortfall
of Sites
0.63 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 7 NonVacant Housing
53-470-
090
352
BERNAR
D DR
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 75 0 Shortfall
of Sites
6.14 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 75 NonVacant Housing
53-470-
096
479
BERNAR
D DR
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 2 0 Shortfall
of Sites
0.3 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 2 Vacant
53-470-
089
0 BERNAR
D DR
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 24 0 Shortfall
of Sites
1.95 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 24 NonVacant Housing
YUBA CITY - 2023 33
53-470-
093
0 MC
KEEHAN
DR
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 20 0 Shortfall
of Sites
1.64 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 20 Vacant
53-470-
084
415
MILES
AVE
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 4 0 Shortfall
of Sites
0.37 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 4 NonVacant Housing
53-470-
094
479
BERNAR
D DR
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 75 0 Shortfall
of Sites
5.19 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 75 NonVacant Housing
53-470-
098
470
BERNAR
D DR
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 100 0 Shortfall
of Sites
4.71 MediumHigh
Density
Residenti
al
(MHDR)
R-3 X29 20 36 100 NonVacant Housing
53-470-
097
470
BERNAR
D DR
GPA 23-
03 GPA 23-
03 05/02/202
3 0 0 20 0 Shortfall
of Sites
1.53 MediumHigh
Density
Residenti
al
(MHDR)
R-3 12 36 20 NonVacant Housing
Totals 0 0 982 0 982
YUBA CITY - 2023 34
2023 YUBA CITY Housing Element Annual Progress Report
TABLE D - Program Implementation Status
Program Description Housing Programs Progress Report - Government Code Section 65583 Name of Housing Element
Program
Objective Timeframe in H.E. Status of Program Implementation H-A-1 Rehabilitation of stressed homes on-going Meet annually with rehabilitation consultant to target efforts
H-A-2 Allow second dwelling units 44621 CompletedH-A-3 Diversity of housing type on-going Code provides for density bonusH-A-4 Infrastructure provisions and financing on-going Meet annually to evaluate and apply for fundingH-A-5 SM 35 Permit Streamlining on-going Update streamlining processH-A-6 Density Bonus Ordinance on-going Code provides for density bonusH-A-7 General Plan Update (SB 2) 44743 Continue to work with consultant on updateH-A-8 Objective Design Standards 44743 Coordinating with staff / consultants to initiate updateH-B-1 Funding for housing assistance on-going Continue to apply for HOME, CalHome, fundingH-B-2 Housing for extremely, very low on-going Continue to work with Regional Housing AuthorityH-B-3 Monitor at-risk conversion units on-going Update lists, contact owners, work with non-profitsH-C-1 Regional Affordable Housing 44805 Coordinate with Sutter CountyH-C-2 Lot Consolidation on-going Identify small lots as candidates for consolidationH-C-3 Residential Demos on-going Coordinate with Building on residential demosH-C-4 Utilities for Lower-Income Housing on-going Deliver adopted copy of Housing Element to PW Director
H-C-5 Residential in Commercial Zones 45078 Update Code to encourage mix-use housing / 100% residential in commercial zones
H-C-6 Residential By-Right 45413 Update Code to include by-right overlay on identified parcels
H-C-7 Shortfall Sites - Rezone 44696 Actively coordinating with Consultant and moving forward with CEQA requirements for rezone program
H-D-1 Housing Advocate Partnerships 44621 Reach out to local/regional partnersH-D-2 Farmworker Housing on-going Coordinate with Sutter CountyH-D-3 Special-Needs Housing Terms on-going Update the Code to include new definitions for specialneed housing types YUBA CITY - 2023 35
H-D-4 Residential Care Facilities on-going Continue to offer incentives for group home developments
H-D-5 Special Needs Groups on-going Seek out funding opportunities annuallyH-D-6 Energy Efficiency on-going Continue to encourage, educated, and participate in energy efficient housing objectives
H-F-1 Affirmatively Furthering Fair Housing on-going Strategize ways to take specific actions to affirmatively further fair housing throughout the City
YUBA CITY - 2023 36
2023 YUBA CITY Housing Element Annual Progress Report
TABLE E - Commercial Development Bonus Approved pursuant to GC Section 65915.7 No Data Available
YUBA CITY - 2023 37
2023 YUBA CITY Housing Element Annual Progress Report
TABLE F - Annual Building Activity Report Summary - Units Rehabilitated, Preserved and Acquired pursuant to GC Section 65583.1(c)(2) Affordability by Household Incomes
(Units that DO NOT count towards RHNA)
Activity Type Extremely Low-Income Very Low-Income Low-Income Total Units Description of Activity Rehabilitation Activity 0 14 0 14Preservation of Units At-Risk 0 0 0 0Acquisition of Units 0 0 0 0Mobilehome Park Preservation 0 0 0 0Total Units by Income 0 14 0 14 Affordability by Household Incomes
(Units that DO count towards RHNA)
Activity Type Extremely Low-Income Very Low-Income Low-Income Total Units Description of Activity Rehabilitation Activity 0 0 0 0Preservation of Units At-Risk 0 0 0 0Acquisition of Units 0 0 0 0Mobilehome Park Preservation 0 0 0 0Total Units by Income 0 0 0 0 YUBA CITY - 2023 38
2023 YUBA CITY Housing Element Annual Progress Report
TABLE G - Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of (CCR Title 256202) No Data Available
YUBA CITY - 2023 39
2023 YUBA CITY Housing Element Annual Progress Report
TABLE H - Locally Owned Surplus Sites (CCR Title 25 6202) No Data Available
YUBA CITY - 2023 40
2023 YUBA CITY Housing Element Annual Progress Report
LEAP Reporting (CCR Title 25 6202)
Total Award Amount 310,000.00
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Task Status Other Funding Notes
General Plan Update (Eligible
elements)
310,000.00 .00 In Progress None
YUBA CITY - 2023 41
Agenda Item 6
CITY OF YUBA CITY
STAFF REPORT
Date: March 19, 2024
To: Honorable Mayor & Members of the City Council;
From: Human Resources Department
Presentation By: Natalie Springer, Human Resources Director Summary
Subject: 2024 City Hall Holiday Closures
Recommendation: Adopt a Resolution authorizing the closure of City Hall for Thursday, July 4, 2024 through Friday, July 5, 2024, Monday, November 25, 2024 through Friday, November 29, 2024, Monday, December 23, 2024 through Friday, December 27, 2024, and Wednesday, January 1, 2025
Fiscal Impact: None.
Purpose:
To provide advance notice for the public and City staff to plan for the holiday periods:
1. Independence Day: Thursday, July 4, 2024 through Friday, July 5, 2024
2. Thanksgiving: Monday, November 25, 2024 through Friday, November 29, 2024
3. Christmas: Monday, December 23, 2024 through Friday, December 27, 2024
4. New Year’s Day: Wednesday, January 1, 2025
Council's Strategic Goal:
The Council's Strategic Goal of being business friendly by providing advanced notice of closures to the public.
Background:
Historically, the numbers of City Hall routine counter service requests or utility bill payments around Thanksgiving and between Christmas and New Year’s Day are low. Since 2011, City Hall has been closed for a week around the Christmas/New Year’s Day holidays. Since 2020, the holiday closure was expanded to include the Thanksgiving week.
For the first time this year, the full week of Thanksgiving is being recognized as a holiday for the following bargaining units: Local 1, First Level Managers, Confidentials, and Mid-Managers.
Employees required to work during the week of Thanksgiving will be allowed to take those holiday hours off during the months of October, November, or December.
As of last year, Staff expanded the holiday closure to include the day before Independence Day due to the holiday occurring on a Tuesday. This year, Staff is proposing to expand the closure to include
Friday, July 5, 2024, due to Independence Day occurring on a Thursday.
The proposed time periods to close City Hall are:
1. Independence Day: Thursday, July 4, 2024 through Friday, July 5, 2024.
2. Thanksgiving Week: Monday, November 25, 2024 through Friday, November 29, 2024.
3. Christmas Week: Monday December 23, 2024 through Friday, December 27, 2024.
4. New Year’s Day: Wednesday, January 1, 2025.
Independence Day falls on Thursday, July 4, 2024. City Hall will be closed on Thursday, July 4, 2024 through Friday, July 5, 2024 and re-open on Monday, July 8, 2024.
Mon.
July
1 Tues.
July
2 Wed.
July
3 Thurs.
July 4
Fri.
July 5
Sat.
July
6 Sun.
July
7 Mon.
July
8 Open Open Open
Holiday
Closure Closure Open
The full week of Thanksgiving is being recognized as a holiday for the following bargaining units: Local 1, First Level Managers, Confidentials, and Mid-Managers. City Hall will be closed on Monday, November 25, 2024 through November 29, 2024 and re-open on Monday, December 2, 2024.
Employees required to work during the week of Thanksgiving will be allowed to take those holiday hours off during the months of October, November, or December.
Mon.
Nov. 25
Tues.
Nov. 26
Wed.
Nov. 27
Thurs.
Nov.
28 Fri.
Nov.
29 Sat.
Nov.
30 Sun.
Dec.
1 Mon.
Dec.
2 Holiday
Closure
Holiday
Closure
Holiday
Closure
Holiday
Closure
Holiday
Closure Open
For the 2024 Christmas and New Year’s Holiday Schedule, City Hall will be closed on Monday, December 23, 2024 through Friday, December 27, 2024 and re-open on Monday, December 30, 2024.
The Christmas Float Holiday is on Tuesday, December 24, 2024 and the New Year's Eve Float Holiday is on Tuesday, December 31, 2024.
Mon.
Dec. 23
Tues.
Dec. 24
Wed.
Dec. 25
Thurs.
Dec. 26
Fri.
Dec. 27
Sat.
Dec.
Sun.
Dec.
Mon.
Dec.
Tues.
Dec. 31
Wed.
28 29 30 Jan. 1
Closure
Float
Holiday
Closure
Obs.
Holiday
Closure Closure Closure
Open
Float
Holiday
Open
Obs.
Holiday
Closure
This Holiday Closure provides a good opportunity for employees to take extra time off before the end of the calendar year while customer service demands are low.
Administratively, the Thanksgiving holiday will operate differently than the other holidays. Prior to this year, for Thanksgiving, two days were holidays. For this year's Thanksgiving, five days is recognized as time off that could be flexed to other days in the designated months depending on operational need. For the other holidays, employee discretionary leave bank time will need to be utilized if the employee chooses to take the time off.
These Holiday Closures do not impact emergency services or other facilities such as the Corporation Yard, Water Treatment Facility or Wastewater Treatment Facility. Also, inspection services will remain available.
Analysis:
The bargaining units: Local 1, First Level Managers, Confidentials, and Mid-Managers have been notified of the recommended closures.
The Holiday Closures will be well advertised to the public to ensure advance and thorough notification.
If approved, news releases would be sent out to the local newspapers, radio stations, and news stations. Notices of the closure would be posted at City Hall as well as on the City’s website and social media accounts.
Fiscal Impact:
None.
Alternatives:
Do not close City Hall for Independence Day, Thanksgiving week, Christmas week, or New Year’s Day.
Recommendation:
Adopt a Resolution authorizing the closure of City Hall for Thursday, July 4, 2024 through Friday, July 5, 2024, Monday, November 25, 2024 through Friday, November 29, 2024, Monday, December 23, 2024 through Friday, December 27, 2024, and for Wednesday, January 1, 2025.
Attachments:
1. Resolution
Prepared By: Submitted By:
Aricka Espinoza
Administrative Analyst
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE CITY HALL HOLIDAY CLOSURES FOR JULY 4, 2024 – JULY 5, 2024, NOVEMBER 25, 2024 – NOVEMBER 29, 2024, DECEMBER 23, 2024 – DECEMBER 27, 2024, AND JANUARY 1, 2025
WHEREAS, given reduced City Hall public service needs during holiday periods, the City is providing employees at City Hall the opportunity to take time off over the below described holiday periods with minimal impact to the public;
WHEREAS, the City Hall Holiday Closures have been successful and well received by the public since 2011;
WHEREAS, non-City Hall operations function during the holiday periods in accordance with normal operational schedules and time off policies;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yuba City as follows:
City Hall shall be closed to the public from Thursday, July 4, 2024 through Friday, July 5, 2024, Monday, November 25, 2024 through Friday, November 29, 2024, Monday, December 23, 2024 through Friday, December 27, 2024, and Wednesday, January 1, 2025. The Christmas Float Holiday is on Tuesday, December 24, 2024 and the New Year's Eve Float Holiday is on Tuesday, December 31, 2024.
For the July 4th and December holidays, employees are able to work their regular hours (performing duties as assigned) or utilize accrued discretionary time off. For the Thanksgiving holiday, impacted employees will comply their bargaining unit’s Memorandum of Understanding.
The forgoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 19th day of March 2024.
AYES:
NOES:
ABSENT:
________________________
Shon Harris, Mayor
ATTEST:
_______________________
Ciara Wakefield, Deputy City Clerk
__________________________
Stacey Sheston
Special Counsel
Agenda Item 7
CITY OF YUBA CITY
STAFF REPORT
Date: March 19, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Sale of the Southwest Corner of Darrough Drive and Youngs Lane to Erik Mercado
Recommendation: Adopt a Resolution that:
A. Authorizes the City Manager to execute an Agreement for Purchase and Sale of Real Property located at the southwest corner of Darrough Drive and Youngs Lane (APN 051-516-006), and all other necessary documents, in the amount of $23,000 to Erik Mercado, subject to approval of the City Attorney as to legal terms
B. Authorizes the Finance Director to place sale proceeds in the Water Fund Fiscal Impact: Sale Price - $23,000 plus savings associated with no longer maintaining the property
Purpose:
To sell the southwest corner of Darrough Drive and Youngs Lane, which has been deemed a surplus property by the City Council.
Council's Strategic Goal:
This item supports the Council's goal of fiscal responsibility as the disposition of the property will generate funds to place in the Water Fund and reduce maintenance costs.
Background:
The southwest corner of Darrough Drive and Youngs Lane is a former groundwater well site that was abandoned when the area transitioned to surface water years ago. On September 1, 2020, City Council formally declared the property to be surplus and staff initiated the Surplus Land Act (SLA) process. Through the SLA process, no housing sponsors or developers submitted a letter of interest to purchase the property and the California Department of Housing and Community Development (HCD) cleared the property for sale.
Analysis:
The property is not currently developable as city sewer is available approximately 700' to the west on Clark Avenue or over 900' to the east on Lorel Way. An appraisal was prepared by Owen & Associates, and the appraised value is $23,000. The adjacent property owner, Erik Mercado, agreed to purchase the property at the appraised value. The attached Agreement for Purchase and Sale details the terms of the transaction.
Fiscal Impact:
The sale price is $23,000 with net proceeds being slightly less due to title and escrow fees. Staff recommends that the proceeds be placed in the Water Fund as the site was originally purchased with Water Funds. In addition, the City will no longer be required to maintain the site.
Alternatives:
Do not sell the property and provide direction to staff.
Recommendation:
Adopt a Resolution that:
A. Authorizes the City Manager to execute an Agreement for Purchase and Sale of Real Property located at the southwest corner of Darrough Drive and Youngs Lane (APN 051-516-006), and all other necessary documents, in the amount of $23,000 to Erik Mercado, subject to approval of the City Attorney as to legal terms.
B. Authorizes the Finance Director to place sale proceeds in the Water Fund.
Attachments:
1. Resolution - Darrough Youngs Property
2. Exhibit A - Purchase and Sale Agreement - Darrough Drive-Youngs Lane Property Prepared By: Submitted By:
Diana Langley
City Manager
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PURCHASE
AND SALE OF REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF DARROUGH DRIVE AND YOUNGS LANE (APN 051-516-006), AND ALL OTHER NECESSARY DOCUMENTS, IN THE AMOUNT OF $23,000 TO ERIK MERCADO, AND
AUTHORIZE THE FINANCE DIRECTOR TO PLACE SALE PROCEEDS IN THE WATER FUND
WHEREAS, on September 1, 2020, the City Council declared the southwest corner of Darrough Drive and Youngs Lane to be a surplus property; and
WHEREAS, in accordance with the Surplus Land Act, staff issued a notice of availability and did not receive any interest from any housing sponsors; and WHEREAS, the Department of Housing and Community Development has determined that staff met all of the requirements under the Surplus Land Act and the Successor Housing Agency is permitted to proceed with the sale or lease of the property; and WHEREAS, an appraisal was prepared by Owen & Associates and the appraised value is $23,000; and
WHEREAS, the adjacent property owner, Erik Mercado, submitted an offer to purchase the property at the appraised value; and
WHEREAS, staff recommends that the City Council accept the offer and authorize the City Manager to execute an Agreement for Purchase and Sale; and WHEREAS, the site was originally purchased with Water Funds.
NOW, THEREFORE, the City Council of the City of Yuba City does hereby resolve as follows:
1. The City Manager is authorized to execute an Agreement for Purchase and Sale of Real Property located at the southwest corner of Darrough Drive and Youngs Lane (APN 051- 516-006), and all other necessary documents, in the amount of $23,000 to Erik Mercado.
2. The Finance Director is authorized to place sale proceeds in the Water Fund.
The forgoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 19th day of March, 2024.
AYES:
NOES:
ABSENT:
Shon Harris, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
________________________
Shannon Chaffin
City Attorney
Exhibit A: Purchase and Sale Agreement
01248.0012/919634.1 1
EXHIBIT A
01248.0012/919634.1 2
AGREEMENT FOR PURCHASE AND SALE
OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made this 19th day of March, 2024 (“Agreement Date”) by and among Erik Mercado (the “Buyer”), City of Yuba City, a public agency (“Seller”) and OLD REPUBLIC TITLE COMPANY, a corporation (“Escrow Holder” and “Title Company”).
R E C I T A L S:
A. Seller owns that certain residential real property located at the southwest corner of Darrough Drive and Youngs Lane in Yuba City, State of California (APN 051-516-006) legally described as set forth on Exhibit A ("Property").
B. Buyer is willing to purchase the Property in AS-IS condition pursuant to the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and incorporating the recitals above, the parties hereto agree as follows:
TERMS AND CONDITIONS:
1. PURCHASE AND SALE OF PROPERTY. Buyer hereby agrees to purchase from Seller, and Seller agrees to sell to Buyer, the Property in AS-IS condition.
2. OPENING OF ESCROW. Within five (5) days after the execution of this Agreement by both Buyer and Seller, the parties shall open an escrow (“Escrow”) with Old Republic Title Company (Escrow Holder) by causing an executed copy of this Agreement to be deposited with Jayne Silveira, escrow officer (“Escrow Officer”) at Old Republic Title Company, 855 Harter Parkway, Suite 130, Yuba City [email protected] (530) 673-8841 (“Escrow”) together with the Deposit (as defined in Section 3.2(a)) (“Opening of Escrow”).
3. PURCHASE PRICE.
3.1 Purchase Price. The Purchase Price for the Property is Twenty-Three Thousand Dollars ($23,000) (“Purchase Price”).
3.2 Payment of Purchase Price. The Purchase Price shall be paid as follows:
(a) Deposit. At Opening of Escrow, Buyer shall deposit the sum of One Thousand Dollars ($1,000) with Escrow Holder (“Deposit”). (b) Balance of Funds. At least one (1) business day prior to the Closing, Buyer shall deposit balance of the Purchase Price with Escrow Holder in Good Funds (as defined below).
3.3 Disbursement of Seller’s Net Proceeds. At the Closing, the net proceeds (as
01248.0012/919634.1 3
determined by the Seller settlement statement) shall be disbursed to Seller.
3.4 Good Funds. All funds deposited in Escrow shall be in “Good Funds” which means a wire transfer of funds, cashier's or certified check drawn on or issued by the offices of a financial institution located in the State of California.
4. ADDITIONAL FUNDS AND DOCUMENTS REQUIRED FROM BUYER AND SELLER.
4.1 Seller. Seller agrees that on or before 12:00 noon on the day preceding the Closing Date, Seller will deposit with Escrow Holder such funds and other items and instruments (executed and acknowledged, if appropriate) as may be necessary in order for the Escrow Holder to comply with this Agreement, including without limitation:
a. Executed and acknowledged grant deed in the form of Exhibit B (“Grant Deed”). b. A Non-Foreign Affidavit as required by federal law.
c. Such funds and other items and instruments as may be necessary in order for Escrow Holder and the Title Company to comply with this Agreement. d. Executed and acknowledged Deed Restriction in the form of Exhibit C (“Deed Restriction”).
4.2 Buyer. Buyer agrees that on or before 12:00 noon on the date preceding the Closing Date, Buyer will deposit with Escrow Holder all additional funds and/or documents (executed and acknowledged, if appropriate) which are necessary to comply with the terms of this Agreement, including without limitation:
a. A Preliminary Change of Ownership Statement completed in the manner required in Sutter County.
b. Such funds and other items and instruments as may be necessary in order for Escrow Holder and the Title Company to comply with this Agreement.
4.3 Recordation, Completion and Distribution of Documents. Escrow Holder will cause Grant Deed and Deed Restriction to be recorded when it can issue the Owner’s Title Policy in accordance with Section 6, and holds for the account of Buyer and Seller, respectively, the funds and items described above to be delivered to Buyer and Seller, respectively, through Escrow, less costs, expenses and disbursements chargeable to Seller pursuant to the terms hereof.
5. CLOSING DATE; TIME IS OF ESSENCE.
5.1 Closing Date. Escrow shall close within ten (10) days after Buyer has provided the Buyer's Due Diligence Approval Notice by the Outside Due Diligence Date (pursuant to Section 7), but no later than thirty (30) days after the Opening of Escrow (“Closing Date”) unless extended as evidenced by a writing signed by both parties. The terms “Close of Escrow” and/or “Closing” are used herein to mean the time Grant Deed is filed for recording by the Escrow Holder in the Office of the County Recorder of Sutter County, California.
5.2 Possession. Upon the Close of Escrow, exclusive possession and occupancy of
01248.0012/919634.1 4
the Property shall be delivered to Buyer free and clear of all claims of possession and all debris.
5.3 Time is of Essence. Buyer and Seller specifically agree that time is of the essence.
5.4 City Manager’s Authority. Seller by its execution of this Agreement hereby agrees that its City Manager or designee (who has been designated by City Manager’s written notice delivered to Buyer and Escrow Holder) shall, in City Manager’s sole and exclusive discretion, have authority:
(i) to execute documents on behalf of Seller including, but not limited to, issuing approvals, disapprovals and extensions. Any such approval, disapproval or extension executed by the City Manager or their designee shall be binding on Seller. (ii) make minor modifications to this Agreement in order to fulfill the direction of the City Council, provided that such minor modifications are approved by the City Attorney.
6. TITLE POLICY.
6.1 Approval of Title.
(a) Promptly following execution of this Agreement but in no event later than five (5) days following Opening of Escrow, a preliminary title report shall be issued by Old Republic Title Company (“Title Company”), describing the state of title of the Property, together with copies of all exceptions specified therein and a map plotting all easements specified therein (“Preliminary Title Report”). Within five (5) days after Buyer's receipt of the Preliminary Title Report, Buyer shall notify Seller in writing (“Buyer's Title Notice”) of Buyer's disapproval of any matters contained in the Preliminary Title Report (“Disapproved Exceptions”). (b) In the event Buyer delivers Buyer's Title Notice within said period, Seller shall have a period of five (5) days after receipt of Buyer's Title Notice in which to notify Buyer of Seller's election to either (i) agree to attempt to remove the Disapproved Exceptions prior to the Close of Escrow; or (ii) decline to remove any such Disapproved Exceptions (“Seller's Notice”).
If Seller notifies Buyer of its election to decline to remove the Disapproved Exceptions, or if Seller is unable to remove the Disapproved Exceptions, Buyer may elect either to terminate this Agreement and the Escrow or to accept title to the Property subject to the Disapproved Exception(s). Buyer shall exercise such election by delivery of written notice to Seller and Escrow Holder within five (5) days following the earlier of (i) the date of written advice from Seller that such Disapproved Exception(s) cannot be removed; or (ii) the date Seller declines to remove such Disapproved Exception(s).
(c) Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement, provided, however, that Buyer's initial period of review and approval or disapproval of any such additional exceptions shall be limited to ten (10) days following receipt of notice of such additional exceptions. (d) Nothing to the contrary herein withstanding, Buyer shall be deemed to have automatically objected to all leases, deeds of trust, mortgages, judgment liens, federal and state income tax liens, delinquent general and special real property taxes and assessments and
01248.0012/919634.1 5
similar monetary encumbrances affecting the Property, and Seller shall discharge any such nonpermitted title matter of record prior to or concurrently with the Close of Escrow.
6.2 Title Policy. At the Close of Escrow, Escrow Holder shall furnish Buyer with an ALTA/CLTA Homeowner’s Owner's Policy of title insurance (“Owner’s Title Policy”) insuring title to the Property vested in Buyer in the amount of the Purchase Price, containing only exceptions approved or waived by Buyer in accordance with this Section. The cost of the Owner’s Title Policy to Seller shall be paid by Buyer.
7. TRANSFER DISCLOSURE STATEMENT, STATUTORY DISCLOSURES & DUE DILIGENCE.
7.1 Transfer Disclosure Statement. Within two (2) days after the Opening of Escrow, Seller shall provide a completed and executed Transfer Disclosure Statement (as specified in Civil Code Section 1102) (“TDS”) for Buyer’s review and approval. If Buyer disapproves the completed TDS, Buyer shall notify Seller with a copy to Escrow Holder within the Due Diligence Period (as defined in Section 7.6). If Buyer does not disapprove the TDS within the Due Diligence Period, Buyer shall be deemed to have approved it. Buyer and any Buyer’s agent shall execute the TDS and deliver a copy to Seller.
7.2 Natural Hazard Disclosure Report with Tax Disclosures. Within two (2) days after the Opening of Escrow, Escrow Holder shall order and deliver to Buyer a comprehensive natural hazard disclosure and tax report from Disclosure Source (“NHD Report”) for Buyer’s review and approval. If Buyer disapproves the NHD Report, Buyer shall notify Seller with a copy to Escrow Holder within the Due Diligence Period. If Buyer does not disapprove the NHD Report within the Due Diligence Period, Buyer shall be deemed to have approved it. Buyer shall execute the acknowledgement statement that accompanies the NHD Report and deliver a copy to Seller.
7.3 Lead-Based Paint Disclosures. Within two (2) days of Opening of Escrow, Seller shall deliver to Buyer the statutory Lead-Based Paint Disclosure and pamphlet as required by federal law (“Lead Paint Disclosure”) for Buyer’s review and approval. If Buyer disapproves the Lead Paint Disclosure, Buyer shall notify Seller with a copy to Escrow Holder within the Due Diligence Period. If Buyer does not disapprove the Lead Paint Disclosure within the Due Diligence Period, Buyer shall be deemed to have approved it. Waiver of the Lead Paint Disclosure is prohibited by law. Buyer shall execute the Lead Paint Disclosure and deliver same to Seller.
7.4 Material Facts & Insurance Claims. Within two (2) days of the Opening of Escrow, Seller shall disclose to Buyer in writing all known material facts and defects including known insurance claims within the last five (5) years preceding the Agreement Date
7.5 Other Statutory Disclosures. Within two (2) days of Opening of Escrow, Seller shall deliver to Buyer all other applicable statutory disclosures (including, but not limited to, notice or actual knowledge of release of illegal controlled substance, etc.) as required by law for Buyer’s review and approval. If Buyer disapproves any such disclosures, Buyer shall notify Seller with a copy to Escrow Holder within the Due Diligence Period. If Buyer does not disapprove a statutory disclosure within the Due Diligence Period, Buyer shall be deemed to have approved it and Buyer shall execute any documents reasonably required by Seller to evidence same and deliver same to Seller.
01248.0012/919634.1 6
7.6 Due Diligence. For a period of up to thirty (30) days following the Opening of Escrow ("Due Diligence Period"), Buyer shall have the right to review and inspect the Property and conduct such tests as reasonably determined by Buyer. Buyer shall use reasonable efforts to expediate any and all investigations provide same does not involve additional cost to Seller.
Seller grants to Buyer, its agents and employees, upon reasonable notice to Seller, a limited license to enter the Property for the purpose of conducting such due diligence as reasonably required by Buyer at Buyer's sole cost and expense. As a condition to Buyer's entry and inspection, Buyer shall keep the Property free and clear of all materialmen's liens, lis pendens or any other liens arising out of the entry and any work performed under this Agreement. Buyer shall notify Seller in writing ("Buyer's Due Diligence Notice") on or before the expiration of the Due Diligence Period of Buyer's approval of the condition of the Property as well as the TDS, NHD Report, Lead Paint Disclosure and all other disclosures and notices delivered to Buyer under this Agreement, which approval may be withheld in Buyer's sole discretion. Failure of Seller to provide access to the Property to inspect the Property at a day and time requested by Buyer shall be a material breach of this Agreement and Buyer shall have the right to immediately terminate this Agreement and the escrow.
7.7 Indemnity. Buyer agrees to defend and indemnify Seller for any claims that arise out of Buyer’s inspection or testing of the Property.
7.8 Statutory Disclosures. As required by law, Seller makes the following disclosures to Buyer:
a. No HOA. The Property is subject to certain covenants, conditions and restrictions.
However, there is no homeowner association and there are no HOA assessments to which the Property is subject.
b. Megan’s Law. “Notice: Pursuant to Section 290.46 of the Penal Code information about specified registered sex offenders is made available to the public via an internet website maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on a sex offender’s criminal history, this information will include either an address at which the offender resides or the community of residence and ZIP code in which he or she resides. (Neither Seller or Broker are required to check this website).”
c. Gas and Hazardous Liquid Transmission Pipelines. “This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public at the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/.
To seek further information about possible transmission lines near the Property, you may contact your local gas utility or other pipeline operators in the area.
Contact information for pipeline operators is searchable by ZIP code and county on the NPMS Internet Web site.”
8. CONDITIONS PRECEDENT TO CLOSE OF ESCROW.
8.1 Conditions to Buyer's Obligations. The obligations of Buyer under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Buyer of each of the following conditions precedent (“Buyer’s Conditions Precedent”):
01248.0012/919634.1 7
(a) Title Company will issue the Owner’s Title Policy as specified in Section 6.2. (b) Escrow Holder holds and will deliver to Buyer the instruments accruing to Buyer pursuant to this Agreement.
(c) Seller is not in default of its obligations under this Agreement.
8.2 Conditions to Seller's Obligations. The obligations of Seller under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Seller of the following conditions precedent:
(a) Escrow Holder holds and will deliver to Seller the instruments and funds accruing to Seller pursuant to this Agreement.
(b) Buyer shall have executed all documents required under this Agreement and delivered same to Seller.
(c) Buyer is not in default of its obligations under this Agreement.
9. LIMITED REPRESENTATIONS AND WARRANTIES.
9.1 Limited Representations and Warranties. Seller hereby makes the following representations and warranties to Buyer to the best of its knowledge and without the duty to investigate, each of which is true in all respects as of the Agreement Date and the Opening of Escrow and shall be true in all respects on the date of Close of Escrow on the Property:
a. Seller has received no notice and/or has no knowledge that any governmental authority or any employee or agent thereof considers the present or proposed operation, use or ownership of the Property to violate or have violated any ordinance, rule, law, regulation or order of any government or agency, body or subdivision thereof, or that any investigation has been commenced or is contemplated respecting such possible violations. b. There are no pending or threatened lawsuits or claims which would affect the Property.
c. The Property is not subject to a homeowner’s association nor any such association assessments.
d. The Property is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Property including, but not limited to, soil and ground water conditions. e. Seller has received no written notice from any third parties, prior owners of the Property, or any federal, state or local governmental agency indicating that any hazardous waste remedial or clean-up work will be required on the Property. There are no environmental, health or safety hazards on, under or about the Property, including but not limited to soil and groundwater conditions.
f. There are no contracts, leases, claims or rights affecting the Property and no agreements entered into by or under Seller that shall survive the Close of Escrow.
01248.0012/919634.1 8
g. Until the Closing, Seller shall not do anything which would impair Seller’s title to any of the Property.
h. Seller is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code Section 1445 or an out-of-state seller under California Revenue and Tax Code Section 18805 and that it will deliver to Buyer through Escrow a nonforeign affidavit on Escrow Holder's standard form pursuant to Internal Revenue Code Section 1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE (“Nonforeign Affidavit”). i. Until the Closing, if Seller learns of any fact or condition which would cause any of the warranties and representations in this Section not to be true as of the Closing, Seller shall immediately give written notice of such fact or condition to Buyer. j. No construction or repair work has been done on the Property within the six (6) months prior to the Opening of Escrow.
9.2 Breach; Indemnification. If a breach of a representation, warranty or covenants occurs before Closing and Buyer is aware that such a breach has occurred, the breach shall be grounds to terminate this Agreement in Buyer’s sole discretion. If Buyer does not elect to terminate this Agreement, Buyer shall be deemed to have waived any such breach.
10. ESCROW PROVISIONS.
10.1 Escrow Instructions. Sections 1; 2 through 6 inclusive, 8, 10, 12 and 13 constitute the escrow instructions to Escrow Holder. If required by Escrow Holder, Buyer and Seller agree to execute Escrow Holder's standard escrow instructions, provided that the same are consistent with and do not conflict with the provisions of this Agreement. In the event of any such conflict, the provisions of this Agreement shall prevail. The terms and conditions in sections of this Agreement not specifically referenced above are additional matters for information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder’s general provisions directly from Escrow Holder and will execute such provision upon Escrow Holder’s request. To the extent that the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller agree to execute additional instructions, documents and forms provide by Escrow Holder that are reasonably necessary to close Escrow.
10.2 General Escrow Provisions. Escrow Holder shall deliver the Owner’s Title Policy to Buyer and instruct the Sutter County Recorder to mail the Grant Deed to Buyer at the address set forth in Section 12 after recordation. All funds received in this Escrow shall be deposited in one or more general escrow accounts of the Escrow Holder with any bank doing business in Sutter County, California, and may be disbursed to any other general escrow account or accounts. All disbursements shall be according to that party's instructions.
10.3 Utilities. Buyer and Seller shall cause all utilities which are in the name of Seller to be transferred to the name of Buyer as of the Close of Escrow or as soon thereafter as practicable. Utilities shall be prorated to the Close of Escrow. In the event final amounts with respect to said prorations are not available as of Close of Escrow, the proration shall be done on an estimated basis and the parties shall prepare a final proration within sixty (60) days following Close of Escrow. Any party who is obligated to pay net amounts based on said final
01248.0012/919634.1 9
proration shall reimburse the other party said amount within thirty (30) days after completion of the final proration.
10.4 Real Property Taxes. Seller is a public agency and exempt from real property taxes so no prorations will be required at Closing.
10.5 Payment of Costs.
a. Cost Allocation. Buyer shall pay the costs for the Owner’s Title Policy, onehalf of escrow costs and recording fees (“Buyer’s Charges”). Seller shall pay the cost of the NHD Report, documentary transfer taxes, one-half of the escrow costs and any fees and costs charged by any lender to obtain releases or consents or otherwise put title in the condition described in Section 6 (“Seller’s Charges”). All other costs of Escrow not otherwise specifically allocated by this Agreement shall be apportioned between the parties in a manner consistent with the custom and usage of Escrow Holder. b. Closing Statement. At least three (3) business days prior to the Closing Date, Escrow Holder shall furnish Buyer and Seller with a preliminary Escrow closing statement which shall include each party’s respective shares of costs.
The preliminary closing statement shall be approved in writing by the parties.
As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to the Parties.
10.6 Termination and Cancellation of Escrow. If Escrow fails to close as provided above, either party may elect to cancel this Escrow upon written notice to the other party and Escrow Holder. Upon cancellation, Escrow Holder is instructed to return all funds and documents then in Escrow to the respective depositor of the same with Escrow Holder.
Cancellation of Escrow, as provided herein, shall be without prejudice to whatever legal rights Buyer or Seller may have against each other arising from the Escrow or this Agreement.
10.7 Information Report. Escrow Holder shall file and Buyer and Seller agree to cooperate with Escrow Holder and with each other in completing any report (“Information Report”) and/or other information required to be delivered to the Internal Revenue Service pursuant to Internal Revenue Code § 6045(e) regarding the real estate sales transaction contemplated by this Agreement, including without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant to any regulation now or hereinafter promulgated by the Treasury Department with respect thereto. Buyer and Seller also agree that Buyer and Seller, their respective employees and attorneys, and escrow Holder and its employees, may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transactions contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by such party pursuant to Internal Revenue Code Section 6045(e), and further agree that neither Buyer nor Seller shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information.
10.8 No Withholding as Foreign Seller. Seller represents and warrants to Buyer that Seller is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code § 1445 or an out-of-state seller under California Revenue and Tax Code § 18805 and that it will deliver to Buyer on or before the Close of Escrow a non-foreign affidavit
01248.0012/919634.1 10
on Escrow Holder's standard form pursuant to Internal Revenue Code §1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE.
10.9 Brokerage Commissions. Neither party is represented by a broker. Buyer and Seller each agree to indemnify and hold the other parties harmless from and against all liabilities, costs, damages and expenses, including, without limitation, attorneys' fees, resulting from any claims or fees or commissions, based upon agreements by it, if any, to pay a broker's commission and/or finder's fee except as specified above.
11. LIQUIDATED DAMAGES.
IF BUYER SHOULD MATERIALLY DEFAULT UNDER THIS AGREEMENT, BUYER AND
SELLER AGREE THAT SELLER WILL INCUR DAMAGES BY REASON OF SUCH
DEFAULT WHICH DAMAGES SHALL BE IMPRACTICAL AND EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO ASCERTAIN. THEREFORE, BUYER AND SELLER, IN A REASONABLE EFFORT TO ASCERTAIN WHAT SELLER’S DAMAGES
WOULD BE IN THE EVENT OF SUCH DEFAULT BY BUYER HAVE AGREED BY
PLACING THEIR INITIALS BELOW THAT THE DEPOSIT SHALL CONSTITUTE A REASONABLE ESTIMATE OF SELLER’S DAMAGES UNDER THE PROVISIONS OF SECTIONS 1671 AND 1677 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE FOR A BREACH PRIOR TO THE CLOSING. IF BUYER FAILS TO PROMPTLY DELIVER THE
SUM SPECIFIED ABOVE TO SELLER, SUCH FAILURE SHALL CONSTITUTE A
MATERIAL BREACH OF THIS PROVISION AND SELLER MAY ELECT TO SUE BUYER
UNDER THIS PROVISION OR TO WAIVE THIS PROVISION AND PROCEED AGAINST BUYER FOR ALL APPLICABLE DAMAGES RESULTING FROM BUYER’S DEFAULT. ___________________ ___________________
Seller’s Initials Buyer’s Initials
12. NOTICES. Any notices, demands or communications under this Agreement between the parties shall be in writing, and may be given by (i) personal service, (ii) overnight delivery, or (iii) mailing via United States mail, certified mail, postage prepaid, return receipt requested (“US Mail”), addressed to each party as set forth below or such other address as may be furnished in writing by a party, and such notice or communication shall, if properly addressed, be deemed to have been given (a) as of the date so delivered under delivery methods (i) or (ii) above, or (b) three (3) business days after deposit into the U.S. Mail.
To Seller: City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
Attn: Diana Langley, City Manager
With a Copy to: Aleshire & Wynder, LLP
2440 Tulare Street Suite 410
Fresno, CA 93721
Attn: Shannon Chaffin, City Attorney
To Buyer: Erik Mercado
948 Marlin Court
Yuba City, CA 95991
01248.0012/919634.1 11
To Escrow Holder: Old Republic Title Company
855 Harter Parkway, Suite 130
Yuba City, CA 95993
Jayne Silveira, Escrow Officer
13. GENERAL PROVISIONS.
13.1 Assignment. Neither party shall have the right to assign this Agreement or any interest or right hereunder or under the Escrow without the prior written consent of the other party. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, personal representatives, successors and assigns.
13.2 Attorney’s Fees. In any action between the parties hereto, seeking enforcement of any of the terms and provisions of this Agreement or the Escrow, or in connection with the Property, the prevailing party in such action shall be entitled, to have and to recover from the other party its reasonable attorneys' fees and other reasonable expenses in connection with such action or proceeding, in addition to its recoverable court costs.
13.3 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates.
13.4 No Waiver. No delay or omission by either party in exercising any right or power accruing upon the compliance or failure of performance by the other party under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of a breach of any of the covenants, conditions or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof.
13.5 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto.
13.6 Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provisions, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
13.7 Merger. This Agreement and other documents incorporated herein by reference contain the entire understanding between the parties relating to the transaction contemplated hereby and all prior to contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect.
13.8 Execution in Counterparts. This Agreement may be executed in several
01248.0012/919634.1 12
counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart.
13.9 Exhibits. Exhibits A, B, and C are attached hereto are incorporated herein by reference.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Purchase and Sale of Real Property and Escrow Instructions as of the date set forth above.
Note: Section 11 needs to be separately initialed by the parties.
BUYER: SELLER:
__________________________
Erik Mercado
Accepted and agreed to:
ESCROW HOLDER:
OLD REPUBLIC TITLE
By: _________________________
Jayne Silveira, Escrow Officer
Dated: ________________, 2024
CITY OF YUBA CITY
By: _______________________________
Diana Langley, City Manager
_________________, 2024
ATTEST:
__________________________________
Jackie Sillman, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: ___________________________
Shannon Chaffin, City Attorney
01248.0012/919634.1 1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
That certain real property in the City of Yuba City, County of Sutter, State of California legally described as follows:
LOT 46, AS SHOWN ON THAT CERTAIN MAP ENTITLED, “PLAT OF NEW HELVETIA TERRACE”, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SUTTER COUNTY CALIFORNIA ON JULY 22, 1955 IN BOOK 8 OF SURVEYS, AT PAGE 67.
APN: 051-516-006
01248.0012/919634.1 1
EXHIBIT B
GRANT DEED
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Erik Mercado
948 Marlin Court
Yuba City, CA 95991
____________________________________________________________________________
GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, CITY OF YUBA CITY, a public agency (“Grantor”), hereby grants to Erik Mercado as __________________ (“Grantee”), that certain real property in the City of Yuba City, County of Sutter, State of California, legally described on Exhibit A attached hereto and incorporated herein by reference (“Property”).
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on its behalf by its respective officers or agents hereunto as of the date below.
GRANTOR:
DATED: _______________, 2024
CITY OF YUBA CITY, a public agency
By: _____________________________
Diana Langley,
City Manager
ATTEST:
__________________________________
Jackie Sillman, City Clerk
APN 051-516-006-000 (Space Above This Line for Recorder’s Office Use Only) THE UNDERSIGNED GRANTOR DECLARES:
Documentary Transfer Tax is: $___
(Exempt from Recording Fee per Gov. Code §6103)
Not to be executed until closing
01248.0012/919634.1 1
EXHIBIT A TO GRANT DEED
LEGAL DESCRIPTION OF PROPERTY
That certain real property in the City of Yuba City, County of Sutter, State of California legally described as follows:
LOT 46, AS SHOWN ON THAT CERTAIN MAP ENTITLED, “PLAT OF NEW HELVETIA TERRACE”, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SUTTER COUNTY CALIFORNIA ON JULY 22, 1955 IN BOOK 8 OF SURVEYS, AT PAGE 67.
APN: 051-516-006
01248.0012/919634.1 1
STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On _________________, 2024 before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01248.0012/919634.1 2
EXHIBIT C
DEED RESTRICTION
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
Attn: City Manager
____________________________________________________________________________
DEED RESTRICTION
If ten (10) or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision © of 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on its behalf by its respective officers or agents hereunto as of the date below.
GRANTOR:
DATED: _______________, 2024
CITY OF YUBA CITY, a public agency
By: _____________________________
Diana Langley
City Manager
ATTEST:
__________________________________
Jackie Sillman, City Clerk
APN 051-516-006-000 (Space Above This Line for Recorder’s Office Use Only) THE UNDERSIGNED GRANTOR DECLARES:
Documentary Transfer Tax is: $___
(Exempt from Recording Fee per Gov. Code §6103)
Not to be executed until closing
01248.0012/919634.1 1
EXHIBIT A TO DEED RESTRICTION
LEGAL DESCRIPTION OF PROPERTY
That certain real property in the City of Yuba City, County of Sutter, State of California legally described as follows:
LOT 46, AS SHOWN ON THAT CERTAIN MAP ENTITLED, “PLAT OF NEW HELVETIA TERRACE”, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SUTTER COUNTY CALIFORNIA ON JULY 22, 1955 IN BOOK 8 OF SURVEYS, AT PAGE 67.
APN: 051-516-006
01248.0012/919634.1 1
STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On _________________, 2024 before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
Agenda Item 8
CITY OF YUBA CITY
STAFF REPORT
Date: March 19, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: West Railroad Village Tentative Subdivision Map (TSM) 23-02 Development Agreement
Recommendation: Adopt an Uncodified Ordinance of the City Council of the City of Yuba City approving Environmental Assessment 23-07 by Adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map (TSM) 23-02, West Railroad Village Subdivision and approving a Development Agreement between the City of Yuba City and Junior S. Thiara, an individual, for the West Railroad Village Subdivision (TSM 23-02), on 4.8 acres located on the west side of Railroad Avenue approximately 200 feet south of the intersection of Railroad Avenue and Bogue Road. Assessor’s Parcel Number 55-240-002, by title only, and waive the second reading
Fiscal Impact: Costs for processing land use entitlements are offset by the project applicant through the payment of application fees.
Purpose:
To adopt an Uncodified Ordinance and approving a Development Agreement for the West Railroad Subdivision (TSM) 23-02 and the associated Mitigated Negative Declaration.
Council’s Strategic Goal:
This item meets the City Council’s strategic goal of business friendly.
Background:
The applicant, Junior Thiara, filed an application for Tentative Subdivision Map SM 23-02, West Railroad Subdivision.
On January 24, 2024, the Yuba City Planning Commission conducted a Public Hearing, and the Planning Commission voted to:
1. Adopt Resolution PC 24-01 contingently approving TSM 23-02; and
2. Adopt Resolution PC 24-02 recommending approval of Environmental Assessment 23-07 and the associated Development Agreement.
On March 5, 2024, the City Council introduced an Uncodified Ordinance of the City Council of the City of Yuba City approving Environmental Assessment 23-07 by Adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map (TSM) 23-02, West Railroad Village Subdivision and approving a Development Agreement between the City of Yuba City and Junior S. Thiara, an individual, for the West Railroad Village Subdivision (TSM 23-02), on 4.8 acres located on the west side of Railroad Avenue approximately 200 feet south of the intersection of Railroad Avenue and Bogue Road (Assessor’s Parcel Number 55-240-002) by title only and waived the first reading.
Analysis:
Tentative Subdivision Map (TSM) 23-02, West Railroad Village, divides 4.8-acres into 27 total lots (21 duplex lots and 6 single-family residential lots, for a total of 48 new residences. The site, which is currently developed with an orchard, is located within the approved Bogue-Steward Master Plan (BSMP) area. The subdivision will be served by an internal road system that will access Railroad Avenue and is designed to connect with property to the south when it urbanizes at some point in the future to provide additional connectivity.
Variations to the BSMP Residential Development Standards The BSMP detailed development standards for all types of uses ensure consistent quality and predictable framework for residential development. The Plan includes a provision for the Development Services Director to make minor modifications to the standards as long as the resulting neighborhood is in substantial conformance with the overall intent of the ordinance. The applicant proposes to make several minor lot modifications to the BSMP residential development standards as follows:
These changes are considered minor, designed to fit the characteristics of this property, and should not generate any issues for the development of neighboring properties.
Availability of City services:
As this property is within the City limits, all City services will be extended to the property to serve future residents. Infrastructure is not currently in place for development to commence immediately. It is hoped that with the revisions made to the Newkom Ranch Development Agreement that were recently approved by the City Council, this will facilitate bringing needed infrastructure to allow development to commence. A full detail of the work necessary to allow development to commence can be found in the Planning Commission staff report included as an attachment to this report.
Development Agreement
The proposed Development Agreement that accompanies this subdivision is beneficial to both the developer and the City. The agreement provides the developer with an approved tentative subdivision map that has 10 years to allow infrastructure to be extended to allow development and the 10-year term may be extended upon mutual consent of both parties.
For the City the Development Agreement’s public benefit is the developer will pay an additional neighborhood park development impact fee in the amount of $2,300 per multiple-family residence and $3,200 per single-family residence. This is in addition to the standard Park and Recreation development impact fee. This fee is subject to increase, due to inflation, and will allow the City to provide more neighborhood parks throughout the City than would otherwise not be available.
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 comments from other responsible and affected agencies and interested organizations.
Environmental Assessment 23-07 was prepared for this project with reliance on the previously adopted environmental impact report prepared for the BSMP. The list of identified mitigation measures relevant to this project were taken from the BSMP EIR, staff has determined there is no evidence in the record the project will generate any new significant effects on the environment not previously discussed and analyzed in the BSMP EIR and recommends adoption of a mitigated negative declaration for the proposed development agreement. The findings of the mitigated negative declaration are that, with the relevant mitigations adopted from the BSMP EIR for Air Quality, Biological Resources, Cultural Resources, Greenhouse Gases, Hazards and Hazardous Materials, Noise, Transportation/Traffic, Tribal Cultural Resources, and Utilities and Services, the proposed subdivision and development agreement will not create new significant impacts to the neighborhood or vicinity that were not previously addressed in the BSMP EIR. As a result, the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA.
A complete copy of Environmental Assessment 23-07 can be accessed on the City website at:
https://www.yubacity.net/cms/One.aspx?portalId=239258&pageId=18737559&action=view Fiscal Impact:
The cost for processing land use entitlements is funded by the project applicant fees as adopted by the City Council.
Alternatives:
1. Deny the proposed Development Agreement associated with West Railroad Village Subdivision.
2. Provide staff with alternate direction.
Recommendations:
Adopt an Uncodified Ordinance of the City Council of the City of Yuba City approving Environmental Assessment 23-07 by Adopting a Mitigated Negative Declaration prepared for Tentative Subdivision Map (TSM) 23-02, West Railroad Village Subdivision and approving a Development Agreement between the City of Yuba City and Junior S. Thiara, an individual, for the West Railroad Village Subdivision (TSM 23-02), on 4.8 acres located on the west side of Railroad Avenue approximately 200 feet south of the intersection of Railroad Avenue and Bogue Road. Assessor’s Parcel Number 55-240-
002 and waive the second reading.
Attachments:
1. Uncodified City Council Ordinance
Prepared By: Submitted By:
Doug Libby, AICP
Deputy Development Services Director
Diana Langley
City Manager
1 ATTACHMENT 1
2 ORDINANCE NO.____________
AN UNCODIFIED ORDINANCE OF THE CITY OF YUBA CITY APPROVING A
DEVELOPMENT AGREEMENT FOR THE WEST RAILROAD VILLAGE TENTATIVE SUBDIVISION MAP (TSM 23-02) BETWEEN THE CITY OF YUBA CITY AND JUNIOR S. THIARA, AN INDIVIDUAL, TO DEVELOP 27 LOTS ON 4.8-ACRES LOCATED ON THE WEST SIDE OF RAILROAD AVENUE APPROXIMATELY 200 FEET SOUTH OF BOGUE ROAD; ASSESSORS PARCEL NUMBER 055-240-002
WHEREAS, Government Code Section 65864 et seq. 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, 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, the City received an application from Junior S. Thiara for TSM 23-02 to divide approximately 4.8 acres into 21 duplex lots and six single-family residential lots which would be at a density of approximately 10 residences per acre, and an associated Development Agreement (collectively “Project”). All of the new residential lots 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 23-07 which was prepared for TSM 23- 02 and this Development Agreement, resulting in a determination of 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 Bogue-Stewart Master Plan (BSMP), will not generate any new significant environmental impacts not previously considered and analyzed in the BSMP EIR; and
WHEREAS, a review of the General Plan, BSMP, and Zoning Regulations determined that the proposed subdivision and development agreement are consistent with all General Plan Elements and meets all policies and programs established by the BSMP and the Zoning Regulations; and
WHEREAS, on January 24, 2024, the Planning Commission conducted a duly noticed public hearing and considered Environmental Assessment (EA) 23-07 considering a Mitigated Negative Declaration (MND) prepared for the project, which provides mitigations that reduce potentially significant impacts to a less than significant level on TSM 23-02 and the Development Agreement. All interested parties were given an opportunity to be heard and present evidence regarding the proposed project, including the development agreement; and WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission adopted Resolution No. PC 24-01, approving TSM 23-02 contingent upon the City
3 Council adopting an uncodified ordinance approving the Development Agreement. Additionally, the Planning Commission adopted Resolution No. PC 24-02, recommending approval of a development agreement between Junior S. Thiara, an individual, and the City of Yuba City.
Additionally, the Planning Commission recommended 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.
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. CEQA Finding. The City Council finds and determines, that there is no substantial evidence in the record that TSM 23-02 and the associated Development Agreement may have a significant effect on the environment beyond what was considered and analyzed in the BogueStewart Master Plan (BSMP) EIR as identified by the MND prepared in Environmental Assessment 23-07. The City Council finds and determines that an environmental assessment/initial study was prepared for this Project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines and reflects the City Council’s independent judgment and analysis. The process included the distribution of requests for comments from other responsible or affected agencies and interested organizations.
Preparation of Environmental Assessment 23-07 necessitated a thorough review of the proposed Project and relevant environmental issues and considered the previously prepared BSMP EIR. While the proposed Project could have a potentially significant effect on the environment, based on its independent judgment and analysis the City Council 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 beyond those determined in the EIR prepared for the BSMP. The Project-specific mitigation measures included in the Project to avoid potentially significant effects are set forth in the Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the Project specific mitigations imposed, there is no substantial evidence in the record that this Project may have significant direct, indirect, or cumulative effects on the environment beyond those which were identified and analyzed in the BSMP EIR.
3. Adoption of the Mitigated Negative Declaration 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 beyond those identified and analyzed in the BSMP EIR. 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
4 and testimony provided in connection with the entitlements for the West Railroad Village 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 21 duplex lots and six single-family residential lots is consistent with the land use pattern adopted as part of the BSMP. The Project’s overall density of approximately 10 residences per acre is consistent with the General Plan Land Use Element and BSMP that provides for a density range of 6-14 dwellings per acre for the Medium-Density Residential (MDR) land use designation.
Consistent with the General Plan and BSMP policies, this development will pay development impact fees to contribute to the City’s Park system. The proposed Project is consistent with the intent of the BSMP, and 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 MDR 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 BSMP R-2 development standards.
Overall, the Project proposed by the Development Agreement represents a productive use of site that will be compatible with surrounding anticipated 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 required by California Government Code Section 66473.7 (a) (1) was prepared as part of the BSMP EIR and determined that between the use of water withdrawn from the Feather River and city operated wells, there will be a need for additional City water well(s) for which a mitigation measure is applied that requires all BSMP development to pay a fair-share towards the well’s cost. With implementation of that mitigation measure there will be an adequate long term water supply.
5. Approval of Development Agreement. For the foregoing reasons and based on the information contained in the Planning Commission and City Council staff reports, supporting documentation, minutes and other records of proceedings, all of which are incorporated herein by this reference, the City Council hereby adopts this ordinance and approves the proposed Development Agreement which is attached hereto as Exhibit “A” and incorporated herein by this reference.
5 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published, in accordance with Government Code Section 36933, or as otherwise required by law.
8. Effective Date. This ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage and adoption.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 5 th day of March 2024,
and adopted the Ordinance after the second reading at a regular meeting held on the day of March 19, 2024, by the following roll call vote:
Ayes:
Noes:
Absent:
Recused:
Shon Harris, Mayor
ATTEST:
Ciara Wakefield, City Clerk Administrator
APPROVED AS TO FORM:
6 ___________________________________
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit A: Development Agreement
I, ______________________________, City Clerk of the City of Yuba City, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Yuba City on the date and by the vote indicated herein.
7 EXHIBIT A
A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF YUBA CITY AND JUNIOR S. THIARA, AN INDIVIDUAL, RELATIVE TO THE DEVELOPMENT KNOWN AS THE WEST RAILROAD VILLAGE SUBDIVISION, TSM 23-02
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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
JUNIOR S. THIARA
An Individual
and
CITY OF YUBA CITY
A General Law City
(West Railroad Village Development Agreement)
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DEVELOPMENT AGREEMENT
by and between
JUNIOR S. THIARA
An Individual
and
CITY OF YUBA CITY,
A General Law City
(West Railroad Village Development Agreement)
THIS DEVELOPMENT AGREEMENT dated _______________, 2024 (Effective Date), at Yuba City, California (hereinafter referred to as "Agreement"), is entered into by and between Junior S Thiara, a married man, as his sole and separate property (hereinafter referred to as "West Railroad Village 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 through 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 Junior S. Thiara, a married man, as his sole and separate property.
D. Property. The subject of this Agreement is the development of that certain property commonly known as West Railroad Village, consisting of approximately
15.84 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.
E. Bogue Stewart Master Plan herein after referred to as (“BSMP”). The Property is located within the area that is part of the Bogue Stewart Master Plan.
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F. Project. The development of the Property is in accordance with the City's General Plan, as amended, and the Development Approvals shall be 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. 2024010060) prepared pursuant to the California Environmental Quality Act (CEQA). The City Council reviewed and certified 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 West Railroad Village 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 West Railroad Village pursuant to the proposed Tentative Subdivision Map 2023-002 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 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 2023-002 (approvals may occur after adoption of the Development Agreement).
• Environmental Assessment 2023-07 (Certification 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 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 is a community benefit. The City and Developer have determined that the project is a development for which this Agreement is appropriate. This Agreement
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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’s 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. The 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 through 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:
AGREEMENT
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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 Planned Development, 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 Agreement shall constitute covenants which shall run with the Property and the benefits
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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 ten (10) years thereafter; provided, however, that the initial term may be extended, upon Developer’s application therefore and upon the mutual agreement of both parties, by an amendment to this Agreement and after approval by the City Council after first receiving a recommendation by the Planning Commission.
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 The City has adopted certain approvals in connection with the Property, including the adoption of the Bogue Stewart Master Plan, the tentative map and Certification of the EIR (SCH #2017012009) for the Bogue Stewart Master Plan. To the extent the provisions of this Agreement conflicts with the General Plan and Bogue-Stewart Master Plan, those plans shall take precedence.
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
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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 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, 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.
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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 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 Park and Recreation Development Impact Fee to cover development of neighborhood park per Section 4.2.5 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 Bogue-Stewart Master Plan 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 For purposes of this Agreement, "area wide" shall cover not only the Property, but also at least all parcels zoned and/or developed in a manner similar to the Property and located in the combined area of the Master Plan. 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 development without abridging the right of the City to act in accordance with its powers, duties and obligations.
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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 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 lands non-developed portion of the property.
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4. Developer Obligations
4.1 Public Improvements: Developer shall be responsible for constructing and financing the public infrastructure improvements necessary to serve the Project and as provided in this Agreement and the Development Approvals including the BSMP Public Facilities Financing Plan. 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 Project conditions of approval, the BSMP, 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 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 and the BSMP. 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.
4.2.3 Sewer. Developer shall construct sewer lines consistent with the BSMP and Project conditions of approval of the tentative map 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.
4.2.4 Water. Developer shall construct water line improvements consistent with the BSMP 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.
4.2.5 Neighborhood Park Impact Fee. Developer shall pay to City a supplement to the Park and Recreation Development Impact Fee to cover development of neighborhood parks in the amount of $3,200 per single-family residential unit and $2,300 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 3.4.7 of this Agreement. This fee is subject to inflation utilizing the
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Engineering News and Record Construction Index beginning January 2020. This fee 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. The Project shall then be required to pay the comprehensive Park and Recreation Development Impact fee. 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
4.3 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.
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
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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 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, 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 Agreement, which shall specify the reimbursement calculations and amounts as determined by the City. The Reimbursement 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 twenty (20) 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 twenty (20) 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 Agreement on behalf of the City subject to approval as to legal form by the City Attorney.
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 Support 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
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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 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 and shall reimburse the City for any processing under Section 6.
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
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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.
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
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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.
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:
8.2.1 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.
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
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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, 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
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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.
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.
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
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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 contained in this Agreement shall be deemed to permit or authorize any Mortgagee to undertake any new construction or improvement in the West Railroad Village 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
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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.
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
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City of Yuba City
1201 Civic Center Blvd.
Yuba City, CA 95993
Landowners: Junior S. Thiara
P.O. Box 3546
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.
19.1 Third Party Actions. To the furthest extent allowed by law, Developer shall indemnify, hold harmless and immediately defend, with counsel of City’s choosing, 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 West Railroad Village 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 West Railroad Village 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
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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 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
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$1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal injury, $1,000,000 general aggregate and $1,000,000 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 $1,000,000 per accident for bodily injury and property damage.
20.3 Workers Compensation. Insurance as required under the California Labor Code.
20.4 Employers Liability. 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).
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
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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, $1,000,000 aggregate for products and completed operations and $1,000,000 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.
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 therefore 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 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
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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.
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.
21.5 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, and Subsection 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.
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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.
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: West Railroad Village 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
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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.
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:
Shon Harris, Mayor
Date:
"Landowner"
Junior S. Thiara,
an Individual
By:
Junior S. Thiara
Date:
Attest:
City Clerk
Approved as to Form:
Shannon Chaffin, City Attorney
Attachments:
A-1 Property Legal Description
A-2 West Railroad Village Subdivision Map
EXHIBIT A-1
PROPERTY LEGAL DESCRIPTION
28 THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SUTTER, UNINCORPORATED AREA, DESCRIBED AS FOLLOWS:
PARCEL 1, AS SHOWN ON PARCEL MAP NO. 1011, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SUTTER COUNTY, CALIFORNIA, ON SEPTEMBER 5, 2002, IN BOOK 6 OF PARCEL MAPS, PAGE 91
PARCEL ONE (APN 055-240-002-000):
EXHIBIT A-2
WEST RAILROAD VILLAGE – TENTATIVE SUBDIVISION MAP
29
Agenda Item 9
CITY OF YUBA CITY
STAFF REPORT
Date: March 19, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Harter Marketplace – Improvement Agreement and Final Map Approval Recommendation: Adopt a Resolution approving the execution of an Improvement Agreement with Harter Packing Group, LLC, a California Limited Liability Company and Dharni Lada Yuba City, LLC, a California Limited Liability Company providing for public improvements associated with the Harter Marketplace Parcel Map, approving the Harter Marketplace Final Map, accepting dedication of rights-of-way and easements shown thereon, and authorizing the filing of the map. [Development is located on the west side of Harter Parkway and north of State Route 20] Fiscal Impact: Costs and reimbursements in accordance with proposed Improvement Agreement
Purpose:
To approve the necessary agreement and final subdivision map that specify the terms for the Harter Marketplace development.
Council’s Strategic Goal:
This supports multiple Council strategic goals as the development provides for public safety and new infrastructure in a fiscally responsible and business friendly manner.
Background:
On April 28, 2021, the Planning Commission approved Tentative Map PM 19-03, Harter Marketplace, to subdivide 13.12 acres into 12 commercial parcels, with a Designated Remainder of
6.64 acres, all of which is located on the west side of Harter Parkway and north of State Route 20 (Attachment 2). The proposed lot sizes range from 25,265 square feet to 73,133 square feet.
Since Planning Commission approval, the developer and its representatives have coordinated with City staff to develop the necessary improvement plans and determine the terms of the Improvement Agreement in accordance with the conditions of approval for the development and City policy.
Analysis:
The procedure for approval of a Final Map is outlined in Title 8, Chapter 2, Article 8 of the Municipal Code. The process is summarized as follows:
• Tentative Map – The applicant submits a tentative map to the Development Services Department, which is then routed to all City Departments and other agencies for review, comment, and establishment of the Conditions of Approval. Upon preparation of the Conditions of Approval and the environmental document, the map is taken to the Planning Commission for approval. The tentative map for the subject project was approved by the Planning Commission on April 28, 2021.
• Final Map – Upon approval of the tentative map, the applicant submits a Final Map package which includes the Final Map and public improvement plans. If the applicant chooses to file the map prior to the construction of the public improvements, the City requires the execution of an Improvement Agreement guaranteeing that the improvements will be constructed through the collection of security, such as bonds or a letter of credit.
• Council Approval – Once it is determined that the Final Map is correct and the Conditions of Approval have been met, the map is taken to the City Council for consideration and approval.
• Recordation of the Final Map – Upon Council approval, the City Clerk certifies the action on the map, and it is submitted to the Sutter County Recorder for recordation.
In order to proceed with the development, the property owners are to enter into an Improvement Agreement (Agreement) with the City to ensure the construction of the required public improvements. The Agreement specifies the obligations of the property owner regarding the fees, dedications, and improvements that are required as a condition of the development, and guarantees that the required public improvements will be constructed.
With the recordation of the Final Map, the determined right-of-way and utility easements will be dedicated to the City. Road dedications include Currant Drive and Harter Marketplace Way.
Fiscal Impact:
Costs and reimbursements for the public improvements are specified in the proposed Agreement.
Exhibit B of the Agreement identifies the fees owed by the Developer to the City at the time of execution of the Agreement. Those fees include plan check and inspection totaling $89,382.41.
Fees that have already been paid were paid on Building Permit BLD22-00112. Fee credits are as outlined in Exhibit C of the Improvement Agreement.
Alternatives:
Delay or modify the recommended actions of approving an Improvement Agreement or Final Map for Harter Marketplace.
Recommendation:
Adopt a Resolution approving the execution of an Improvement Agreement with Harter Packing Group, LLC, a California Limited Liability Company and Dharni Lada Yuba City, LLC, a California Limited Liability Company providing for public improvements associated with the Harter Marketplace Parcel Map, approving the Harter Marketplace Final Map, accepting dedication of rights-of-way and easements shown thereon, and authorizing the filing of the map. [Development is located on the west side of Harter Parkway and north of State Route 20.] Attachments:
1. Resolution approving Improvement Agreement, Final Map, Accepting for Dedication the Public Right-of-Way and Utility Easements, and A
2. Location Map
Prepared By: Submitted By:
Kevin Bradford
Deputy P.W. Director – Engineering
Diana Langley
City Manager
ATTACHMENT “1”
WHEN RECORDED MAIL TO:
City Clerk
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
NO FEE-Government Code §6103
RESOLUTION NO. _______
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
APPROVING AN IMPROVEMENT AGREEMENT WITH HARTER PACKING GROUP, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY AND DHARNI LADA YUBA CITY, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY PROVIDING FOR PUBLIC IMPROVEMENTS
ASSOCIATED WITH THE HARTER MARKETPLACE PARCEL MAP, APPROVING THE HARTER MARKETPLACE FINAL MAP SUBDIVIDING LAND INTO 12 PARCELS TO
CONSTRUCT A COMMERCAL DEVELOPMENT, ACCEPTING FOR DEDICATION THE
PUBLIC RIGHT-OF-WAY AND UTILITY EASEMENTS SHOWN THEREON, AND AUTHORIZING THE FILING OF THE MAP.
WHEREAS, Harter Packing Group, LLC, a California Limited Liability Company and Dharni Lada Yuba City, LLC, a California Limited Liability Company (“Developer”) owns certain property as identified on Exhibit “B” and has offered for approval a Final Map designated as “Harter Marketplace” ("final map"), pursuant to approved Tentative Map for Harter Marketplace ("tentative map"); and
WHEREAS, the development lies within the boundaries of the City of Yuba City; and WHEREAS, the Planning Commission of the City of Yuba City, by formal resolution, approved said tentative map; and
WHEREAS, the City Engineer has subsequently reviewed the final map and has determined that the conditions of approval associated with the final map have been satisfied, that the final map is in substantial conformance with the tentative map, and that the final map is ready for City Council approval; and
WHEREAS, all the certificates which appear on the final map (except the approval certificate of the Council of the City of Yuba City and the recording certificate of the Recorder of the County of Sutter) have been signed and acknowledged and said final map has been filed for approval; and
WHEREAS, the final map conforms to all of the requirements of the Subdivision Map Act of the State of California, and City ordinances, resolutions and standards, except that Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having previously filed with the Clerk of the Board of Supervisors of Sutter County a Tax Compliance Certificate Request along with copies of the final map considered herewith by the Council; and,
WHEREAS, the proposed development, together with the provisions for its design and improvement, is consistent with all applicable general and specific plans of the City; and,
WHEREAS, the owner, whose signature(s) appear on the final map, and others have offered for dedication certain streets, public utility easements, access rights and other public properties and uses as shown and delineated upon said final map; and
WHEREAS, required public improvements have not been completed by the developer as of the filing of the final map, and all required public improvements shall be required to be completed in accordance with an Improvement Agreement approved by and between the City and the Developer; and
WHEREAS, the City Council now desires to approve the Improvement Agreement with Developer, approve the final map, accept all dedications thereunder, and authorizes the filing of the map.
NOW, THEREFORE, the City Council of the City of Yuba City does resolve as follows:
1. Improvement Agreement: The City Council approves the Improvement Agreement with Harter Packing Group, LLC, a California Limited Liability Company and Dharni Lada Yuba City, LLC, a California Limited Liability Company, attached hereto as Exhibit “A,” and authorizes the City Manager or designee to execute the same on behalf of the City of Yuba City.
2. Findings for Final Map: The City Council finds that:
a. The final map is in substantial compliance with the tentative map, any deviations therefrom being deemed to be approved by the Council.
b. The requisite conditions associated with the tentative map have been satisfied, subject to the terms of the Improvement Agreement approved concurrently herewith. c. The final map is in conformance with the General Plan and any applicable specific plan(s).
d. The final map conforms to all applicable requirements of the Subdivision Map Act of the State of California.
3. Approval of Final Map and Acceptance of Dedications: The City Council approves the final map attached hereto as Exhibit “B”, subject to the terms of the Improvement Agreement approved concurrently herewith, and subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the final map for recordation.
The City Council accepts any and all of the streets, public utility easements, public utility facilities, access rights and all parcels of land and easements offered for dedication on the final map, unless it is stated on the final map that said dedications are subject to City acceptance of developer-installed improvements, in which case acceptance shall be subject to improvement in accordance with Section 66477.1 of the California Government Code. In addition, the City Council authorizes the filing of the map.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 19th day of March, 2024.
AYES:
NOES:
ABSENT:
Shon Harris, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit “A” – Improvement Agreement
Exhibit “B” – Final Map (Harter Marketplace, City of Yuba City)
01248.0006/967039.2
EXHIBIT “A”
Improvement Agreement
Final Map of Harter Marketplace
Phase 1 and Phase 2
WHEN RECORDED MAIL TO:
City Clerk
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
NO FEE-Government Code §6103
Public Works Department
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
IMPROVEMENT AGREEMENT
FINAL MAP OF HARTER MARKETPLACE
Phase 1 and Phase 2
(Regarding Tentative Map No. 19-03, Harter Marketplace)
Improvement Agreement
Final Map of Harter Marketplace
Phase 1 and Phase 2
THIS AGREEMENT is made this ______ day of _____________________ 2024, by and between the City of Yuba City, a general law city, hereinafter referred to as "City"; and Harter Packing Company, LLC, a California Limited Liability Company, hereinafter referred to as “Harter” and Dharni Lada Yuba City, LLC, a California Limited Liability Company, hereinafter referred to as “Dharni.” Harter and Dharni are hereinafter collectively referred to as "Subdividers" without regard for number or gender. This Agreement is effective the date first appearing on the Clerk’s Attestation and signature for the City of Yuba City.
RECITALS
A. Subdividers have filed with City Final Maps proposing the subdivision of land owned by Subdividers, situated in the City of Yuba City, County of Sutter, State of California, hereinafter referred to as the “Subject Property”, dividing the real property more particularly described as follows:
Lots 1 through 8, inclusive, of the Final Map of Harter Marketplace Parcel Map (Phase 1) according to the map thereof recorded on
_______________________, 20____ in Book ________ of Parcel Maps at Page(s) , Sutter County Records; and
Lots 1 through 4, inclusive, of the Final Map of Harter Marketplace Parcel Map (Phase 2) according to the map thereof recorded on
_______________________, 20____ in Book ________ of Parcel Maps at Page(s) , Sutter County Records
B. City requires as a condition precedent to the acceptance and approval of the Final Maps the dedication of such streets, highways and public places and easements as are delineated and shown on the Final Maps, and deems the same as necessary for the public use, and also requires any and all streets delineated and shown on the Final Maps shall be improved by the construction and the installation of the improvements hereinafter specified.
C. Section 8-2.809 of the Yuba City Municipal Code (“City Code”) requires Subdividers to enter into this Agreement with City whereby Subdividers agree to do, perform and complete the work and matters required as Conditions of Approval for Tentative Map No. 19-03 dated April 28, 2021 issued by City and any amendments thereto, hereinafter referred to as “Conditions of Approval”, within the time hereinafter specified.
D. Subdividers desire to construct the improvements and develop the Subject Property.
E. Subdividers hereby warrant that any and all parties having record title interest in
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Final Map of Harter Marketplace
Phase 1 and Phase 2
the Final Maps which may ripen into a fee have subordinated to this instrument and all such instruments of subordination, if any, are attached hereto and made a part of this instrument.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways, public ways, easements and facilities as shown and delineated on the Final Maps, and in consideration of finding of substantial compliance with said Tentative Map, it is mutually agreed and understood by and between Subdividers and City, and Subdividers and City do hereby mutually agree as follows:
1. The Subject Property is subject to the following:
a. Time for Performance. The work and improvements required by the Conditions of Approval shall be performed on or before 24 months of the effective date of this Agreement, except as otherwise specifically set forth in this Agreement. If Subdividers fail to complete such work within such period, City may (but is not required to) complete the same and recover the full cost and expense thereof from Subdividers. b. Conditions of Approval. The Subject Property shall comply with all Conditions of Approval required by Planning Commission Resolution No. PC 21-11, dated April 28, 2021 attached as Exhibit A and incorporated by reference. c. Unforeseen Delays and Extension Process. When a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of Subdividers, the time of completion may be extended for a period justified by the effect of such delay on the completion of the work. As a prerequisite for obtaining an extension, Subdividers must file a written request for a time extension with the City’s Public Works Director within 24 months of the effective date of this Agreement. The written request should set forth the facts and unforeseen causes giving rise to the delay, and must be accompanied by an updated Cost Estimate approved by the City Engineer. Subdividers must also pay an extension fee, if any, established by the most recent City Fee Schedule (“Fee Schedule”) based upon the higher of the initial or revised estimated total improvement cost for the Final Maps. The Public Works Director, in said Director’s sole and exclusive discretion, may grant an extension of time for completion of improvements by Subdividers. The Public Works Director may also re-assess Performance Security, Payment Security and any other improvement security to increase the amount based upon the updated Cost Estimate
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Phase 1 and Phase 2
and pursuant to the types and percentage amounts set forth in Paragraph 5 of this Agreement. The Public Works Director shall give Subdividers written notice of the Director’s determination in writing, including any additional Performance Security, Payment Security or other improvement security amounts. The Director’s determination shall be final and conclusive. No extension of this Agreement shall be valid unless Subdividers shall provide City any additional improvement security within 20 business days after written notice of the Director’s determination. If no extension of time is granted, City shall refund the extension fee, less the cost of any staff time for processing the application, paid by Subdividers at the time of submittal of the request for extension.
2. Scope of Improvements. Subdividers agree to construct and install, at Subdividers’ sole cost and expense, all of the streets, sidewalks, curbs, gutters, storm drainage facilities, water distribution facilities, sewer collection facilities, street lighting facilities, fire hydrants, landscaping and irrigation, and all other work and improvements depicted or required on the Improvement Plans for the Construction on Harter Marketplace (City Drawing No. 5549-D), as approved by the City Engineer, and any approved amendments thereto, any Conditions of Approval required by Planning Commission Resolution No. PC 21-11, dated April 28, 2021, and in compliance with Chapter 2 of Title 8 of the City Municipal Code and the Subdivision Map Act (hereinafter collectively referred to as “Improvements”), which are incorporated by reference and made a part of this Agreement. Improvements shall be done in accordance with the construction standards contained in the most current edition of the City Standard Specifications and Details and, to the extent not addressed therein, in accordance with the State of California Department of Transportation Standard Plans and Specifications as amended by special provisions approved by the City Engineer.
3. Impact and other Fees. Subdividers shall pay to City the total fees and charges due as a condition of Final Map approvals, including those required by City Code Section 8-2.803 and 8-2.1515, and Chapter 10 of Title 8 of the City Code, as they may be amended. The total fees and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit B, which is incorporated by reference.
4. Estimated Reimbursements for Certain Improvements. City shall pay to Harter or Dharni, respectively, and only as agreed upon by Subdividers, those amounts, if any, shown in Exhibit C, which is incorporated by reference, at such time and only at such time as City has accepted those Improvements. Exhibit C represents City’s participation and contribution to the
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Final Map of Harter Marketplace
Phase 1 and Phase 2
Improvements which City recognizes will ultimately inure to the overall benefit of City, both in connection with the subject development and in connection with future developments. In connection with the amounts set forth in Exhibit C, City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements that will benefit other properties as contemplated by City Code Section 8-2.1501. The parties acknowledge since the subject Improvements have not been completed at the time of execution of this Agreement, the actual cost of construction is not yet known. Some degree of reasonable estimation is incorporated into the calculations, including the amount of fee credits, if any. Subdividers agree these figures represent City’s best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. Calculations of costs are also based on information submitted by Subdividers to City. Payment of fees and any reimbursements shall be made at the rates and amounts established by the City Code, including pertinent provisions contained in City’s Fee Schedule.
5. Fee Credit Adjustments. With regard to fee credits including those referenced above and herein, Harter and Dharni, together or separately, may receive designated fee credits from City as offsets toward a development impact fee for construction of certain required infrastructure improvements either as a part of this Agreement or at some future date. With regard to the amounts to be credited as referenced above, Subdividers acknowledge and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completely installed by Subdividers. Until then, and notwithstanding any other provision, Subdividers expressly agree Subdividers have no right to any portion of any fee credit and the Public Works Director for City, in the Director’s sole discretion, may unilaterally amend this Agreement effective upon mailed notice to Subdividers to adjust (including adding, reducing or removing) credits at any time prior to acceptance of all required infrastructure improvements by City. Upon adjustment, Subdividers shall pay in full any development impact fees, due from modification of the fee credit, prior to approval of the parcel map or as may be deferred by a fee deferral covenant. If the parcel map has already been approved, all such fees shall be promptly paid by Subdividers. City may enforce recovery of such fees in any manner available at law or in equity, including but not limited to private foreclosure and sale of the property in the manner provided in Section 2924 of the California Civil Code or successor statute.
6. Inspections. City shall inspect all Improvements. All Improvements and materials
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shall be done, performed and installed in strict accordance with the approved construction plans for said work on file with the City Engineer and the Public Works Standards, which said construction plans and Public Works Standards are hereby referred to and adopted and made a part of this Agreement. In the event there are not any Public Works Standards for any of said Improvements, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of Highways. All of said Improvements and materials shall be done, performed and installed under the inspection of and to the satisfaction of the City Engineer.
7. Security. Prior to the approval by the City Council of the Final Maps, Dharni shall furnish to City the following improvement securities set forth in this paragraph. Improvement security shall be of the type as provided for in Government Code §66499 subject to review by the City Attorney and approval of the City Council. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City and Certificates of Deposit must be in a form acceptable to the City Attorney.
a. Performance Security. The total amount shall equal 100% of the final Engineer’s Estimate of Probable Cost of Remaining Items of Work, as approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement.
Performance Security shall be in the amount of $722,000.00 and in the form of a bond naming the City of Yuba City as obligee, or a certificate of deposit made payable only to the City of Yuba City, or cash.
b. Payment Security. The total amount shall equal 100% of the final Engineer’s Estimate of Probable Cost of Remaining Items of Work, except if such securities is in the form of a cash deposit or deposit or instrument of credit, the amount shall be equal to 50% of the total estimated cost of the improvements, as approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Payment Security shall be in the amount of $722,000.00 and in the form of a bond naming the City of Yuba City as obligee, or in the amount of $386,000.00 in the form of a certificate of deposit made payable only to the City of Yuba City, or cash.
8. Damage Prior to Final Acceptance. Any damage to the work or Improvements
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constructed pursuant to this Agreement occurring after installation shall be made good to the satisfaction of the City Engineer by Subdividers before any securities are released or the final acceptance of the completed work.
9. Remedy of Defects. Subdividers shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one year from the date of acceptance of the Improvements by City.
10. Warranty Security. To ensure Subdivider complies with its obligations set forth in paragraph 7, on acceptance of the required work by the City Engineer, a maintenance bond serving as warranty security shall be furnished to the City in the minimum amount of $206,800.00 which represents ten (10) percent of the total Engineer’s Estimate of Probable Cost, including portions of improvements already completed. The warranty security shall serve as a guarantee and warranty of the work for a period of one year following acceptance against any defective work, labor or materials. The warranty security shall be released, less any amount required to be used for fulfillment of the warranty, one year after final acceptance of the subdivision Improvements.
11. No Right of Trespass. This Agreement shall in no way be construed as a grant by City of any rights to Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned.
12. Indemnification. Subdividers shall be obligated as follows:
a. To the furthest extent allowed by law, Subdividers shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents 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, Subdividers or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the work or Improvements by Subdividers and Subdividers’ employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or
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maintenance of the work and Improvements; (v) Subdividers and Subdividers’ employees, officers, agents, contractors or subcontractor’s failure to provide prevailing wages as may be required by law; or (vi) City’s granting, issuing or approving use of this Agreement. b. Subdividers’ obligations under the preceding sentence shall apply regardless of whether or not City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. c. If Subdividers should subcontract all or any portion of the work to be performed under this Agreement, Subdividers shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs “a” and “b” of this Section. Notwithstanding the preceding sentence, any subcontractor who is a "design professional" as defined in Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in paragraphs “a” and “b” of this Section, 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 (including Section 2782.8 of the California Civil Code), 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), 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.
d. Subdividers further agree that the use for any purpose and by any person of any and all of the streets and works and Improvements hereinbefore specified, shall be at the sole and exclusive risk of Subdividers at all times prior to final acceptance by City of the completed street and other improvements thereon and therein. This Section shall survive termination or expiration of this Agreement.
13. Insurance. Throughout the life of this Agreement, Subdividers 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
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State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Risk Manager. The following policies of insurance are required:
a. 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 and advertising 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 $1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $1,000,000 aggregate for products and completed operations, and $1,000,000 general aggregate.
b. 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 (Section 1, subsection A.1 entitled “Any Auto”), with combined single limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
c. PROFESSIONAL LIABILITY (Errors and Omissions) insurance appropriate to the respective person's profession (applicable only to those subcontractors who are providing Professional Services to Subdividers), with limits of liability of not less than $1,000,000 per claim/occurrence and $1,000,000 policy aggregate. d. WORKERS' COMPENSATION insurance as required under the California Labor Code. If the Subdividers do not have any employees on the offsite portion of the project, please sign the attached form of waiver (Exhibit D). e. EMPLOYERS’ LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. If the Subdividers do not have any employees on the offsite portion of the project, then this section is not applicable.
Subdividers shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Subdividers shall also be responsible for payment of any selfinsured retentions.
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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 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, Subdividers shall provide a new certificate evidencing renewal of such policy(ies) not less than 15 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, Subdividers 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, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Subdividers’ insurance shall be primary and no contribution shall be required of City. In the event claims-made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a five (5) year discovery period, or (ii) the coverage shall be maintained for a minimum of five (5) years following the termination of this Agreement and the requirements of this Section relating to such coverage shall survive termination or expiration of this Agreement.
Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers.
Subdividers shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
Subdividers shall furnish City with copies of the actual policies upon the request of City Attorney or the City Clerk at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement.
The fact that insurance is obtained by Subdividers or their subcontractors shall not be deemed to release or diminish the liability of Subdividers or their subcontractors including without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Subdividers or their subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Subdividers, their principals, officers, agents, employees, persons under the supervision of Subdividers, vendors, suppliers, invitees, subcontractors,
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consultants or anyone employed directly or indirectly by any of them.
If at any time during the life of the Agreement or any extension, Subdividers fail to maintain the required insurance in full force and effect, the Director of Public Works for City, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments or credits due or that become due to Subdividers 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. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement.
If Subdividers should subcontract all or any portion of the services to be performed under this Agreement, Subdividers shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Subdividers and City prior to the commencement of any work by the subcontractor.
14. Payment for Materials and Supplies. Subdividers and Subdividers’ subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the Improvements contracted to be done, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor and shall file with City pursuant to Section 3800 of the California Labor Code, as may be amended, a Certificate of Workers Compensation and shall maintain a valid policy of Workers Compensation Insurance for the duration of the period of construction.
15. Compaction and Materials Testing. Compaction and other materials testing performed for determination of compliance with the Public Works Standards shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdividers.
16. Work by Subdivider. It shall be the responsibility of Subdividers to coordinate all work done by Subdividers’ contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of City be placed in the position of making decisions that are the responsibility of
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Subdividers. It shall further be the responsibility of Subdividers to give the City Engineer written notice not less than two working days in advance of the actual date on which work is to be started.
Failure on the part of Subdividers to notify the City Engineer may cause delay for which Subdividers shall be solely responsible.
17. Inspections. Whenever Subdividers vary the period during which work is carried on each day, Subdividers shall give due notice to the City Engineer so that proper inspection may be provided. If Subdividers fail to duly notify City as herein required, any work done in the absence of the City Engineer will be subject to rejection. Inspection of the Improvements by City shall not relieve Subdividers of any obligation to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or City Inspector and accepted.
18. Street Surfacing and Underground Facilities. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains, gas mains, and their respective service connections, and all other facilities required to be installed underground shall be completed in the streets and alleys before installation of street and alley surfacing.
19. Compliance with Conditions of Approval; Easements. In addition to the Covenants affecting land development, if any, Subdividers shall comply with all Conditions of Approval set forth in the Conditions of Approval for Tentative Map No. 19-03 dated April 28, 2021, and any amendments thereto, not already fully completed or performed as of the date of the approval of the Final Maps and which are not otherwise set forth in this Agreement. Compliance shall include, but is not limited to, any condition to convey to a specific party a fee interest or easement in any parcels in the Subject Property upon Subdividers’ completion of all required improvements to said parcels. Subdividers’ compliance with such conditions shall be completed within a reasonable time as determined by City, in City’s sole discretion, commencing upon the City Engineer sending written notice to Subdividers of the outstanding condition and time in which Subdividers are required to comply, and Subdividers shall timely comply.
20. Compliance with Law. In performing obligations set forth in this Agreement, Subdividers shall comply with all applicable laws, ordinances, codes, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. It shall be the sole responsibility of Subdividers to determine whether to pay prevailing wages for any or all
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work required by this Agreement. As a material part of this Agreement, Subdividers agree to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement. Subdividers shall indemnify, defend, and hold harmless City and its officials and employees against any failure to comply with such laws, ordinances, codes, regulations, and rules. Subdividers shall comply with the codes or ordinances of City including the City Code and Building Codes.
21. Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage.
22. Limitations of Legal Acts. Except as provided by the Section entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdividers’ sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
23. Attorney’s Fees and Legal Expenses. If any party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Agreement, “attorneys’ fees” and “legal expenses” include, without limitation, paralegals’ fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party’s attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as “attorneys’ fees” or as “costs” under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys’ fees.
24. Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land in favor of and for the benefit of City shall be binding upon the successors, transferees, and heirs of Subdivider. Subdividers consent to the recordation of this Agreement with the Sutter County Recorder.
25. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one
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provision herein shall not be deemed to be a waiver of any other provision herein.
26. Successor Statutes Incorporated. All references to a statue 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 Subdividers under this Agreement.
27. Incorporation of Attachments: All recitals and attachments to this Agreement, including all Exhibits referenced herein, and all subparts thereto, are incorporated herein by this reference.
28. Time is of the Essence. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns.
29. No Assignment. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by Subdividers without the written consent of City.
30. Captions. Section, paragraph and other captions or headings contained in this Agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or otherwise describe the scope or intent of the Agreement or any provision hereof and shall not affect in any way the meaning or interpretation of this Agreement.
31. Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist.
32. Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect.
33. Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City’s Director of the Department of Public Works issues a written release finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such
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release with the Sutter County Recorder.
34. Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Sutter County, California.
35. Joint and Several. Harter and Dharni each hereby agree to be jointly and severally liable for any and all debts, liabilities, and obligations arising from or relating to the performance of this Agreement.
36. Acknowledgement of Content. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Subdivider. ****
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement
CITY OF YUBA CITY,
a General Law City
By:
Diana Langley, City Manager
ATTEST
By:
Ciara Wakefield, Deputy City Clerk
Dated: ______________________
APPROVED AS TO FORM:
By:
Shannon L. Chaffin,
City Attorney
SUBDIVIDER
Harter Packing Company, LLC, A California Limited Liability Company LOMO COLD STORAGE, a California Limited Liability Company, as Member By:
Justin Micheli, II
Its: Manager
Dated:___________
RICHLAND RANCHES, LTD, OF CALIFORNIA, a California Corporation, as Member By:
Karmdeep S. Bains
Its: President
Dated:___________
SUTTER LAND PROPERTIES, LLC, a California Limited Liability Company, as Member By:
Surjit S. Tut
Its: Manager
Dated:___________
Dharni Lada Yuba City, LLC, A California Limited Liability Company By:
Name:
Title:
Dated:__________
*(Attach Notary Acknowledgments)
Attachments:
Exhibit A: Planning Commission Resolution No. PC 21-11 – Conditions of Approval Exhibit B: Impact Fees and Other Fees Due Payable by Subdivider Exhibit C: Fee Credits and Reimbursements Payable by City Exhibit D: Workers’ Compensation Insurance Exemption Form
EXHIBIT A
PLANNING COMMISSION RESOLUTION NO. PC 21-11
CONDITIONS OF APPROVAL
mh
X
XX
X
X X
XX
mh X X
X
X
X
X
X
STATE ROUTE 20
73+00 73+84.33
62-062-029
HUSTON
BLACKBERRY DRIVE
KIMBERLY DRIVE
62-121-024
BILICICH
62-121-010
62-121-011
RAMIREZ
ZERKOVICH
62-121-012
LIN
62-121-013
WOODS
62-061-018
PUREWALL
62-061-002
PINKSTON
62-172-007
REYNOLDS
62-172-008
ALLISON
62-172-009
USSERY
62-172-010
MYBURGH
17-172-017
MASERA
17-212-003
JAEGER
17-212-011
CHRISTOPHER
17-212-018
JORDAN
17-212-019
TUCKER
62-171-001
PEACOCK
17-211-005
TAYLOR
62-121-014
WISEMAN
62-121-015
LOCKE
62-121-016
DECKER
62-121-017
HELVEY
62-121-018
MONROE
62-121-019
LEON
62-121-020
62-121-021
62-061-006
BRUCE
62-121-023CORNELL
62-062-004
KARWAL
62-062-003
CROSS
92.00' 92.00'
VINE AVENUE
RASPBERRY WAY
RUTH AVENUE
CRANBERRY WAY
JEFFERSON BLVD.
COLUSA FRONTAGE ROAD
HARTER PACKING
62-310-006
YUBA CITY
62-310-005
KIMBERLY DRIVE
17-211-004
PAGE
17-212-006
COWDIN
62-171-002
62-062-028
62-061-004
62-122-007 62-122-00862-122-006 62-122-009
62-122-005 62-122-010
62-122-004 62-122-011
62-122-003 62-122-012
62-122-002 62-122-013
62-122-001 62-122-014
62-121-00762-121-00662-121-00562-121-025
62-121-003
62-121-002
62-121-001
62-062-023
62-062-02762-062-026
J&D HARTER ROAD
59-010-100
PATEL
59-010-098 59-010-097
WAL MART
HARTER PARKWAY
STRAWBERRY DRIVE
92.00' 92.00'
92.00'
55.00'
92.00' 92.00'
82.00' 62.00' 80.00'
47.97' 55.00' 55.00' 55.00' 55.00' 55.00'
70.90'
92.06'
62.06' 62.00' 59.94'
112.00'
91.94'
48.03' 55.00' 55.00' 16.06'
38.93' 55.00' 55.00' 43.39'
28.2'
118.3'
79.4'
X X
16"WM
(E)36"WM
24"SS
24"SS
HARTER PACKING
62-310-010
(E)48"SD
(E)18"SD
(E)30"SD
(E)30"SD
(E)18"SD
(E)12"SD
(E)12"SD
(E)24"SD
(E)18"SD
(E)12"SD
(E)12"SD
(E)12"SD REMOVE
(E)48"SD
(E)18"SD
(E)48"SD (E)48"SD
(E)48"SD (E)48"SD
(E)84"SD
(E)84"SD
(E)54"SD
34 32 33
34 35
36 37
38 4
3 5
6 8 7
2 1
1 3
2 25,196.4 S.F.
(0.58 ACRES)
4 35,057.9 S.F.
(0.80 ACRES)
6 27,503.0 S.F.
(0.63 ACRES)
5 28,286.3 S.F.
(0.65 ACRES)
112.0'
112.0'
112.0'
112.0'
112.0'
110.0'
23.1'
9 1 11 10 23 22 21
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.0'
112.1'
112.1'
112.1'
112.1'
112.2'
112.2'
101.7'
128.0'
113.0'
113.0'
113.0'
113.0'
113.0'
113.0'
105.2'
59.8' 55.0' 55.0' 55.0' 55.0' 55.0' 33.0'
55.0' 55.0' 55.0' 55.0' 70.0' 65.0' 55.0' 55.0' 55.0'
45.0'
57.4' 55.0'
55.0'
55.0'
55.0' 57.0'
55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 70.0'
55.0' 50.0'
50.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0' 55.0'
55.0' 55.0' 55.0' 55.0' 55.0'
70.0' 43.0'
31.2'
75.6'
75.6'
63.2'
50.0'
84.2'
75.0' 60.0' 60.0' 60.0' 60.0' 60.0' 60.0' 72.0' 130.0'
112.0'
112.0'
111.1'
111.2'
111.4'
131.6'
131.7'
131.9'
129.7'
117.4'
117.1'
66.6'
78.6'
126.9'
2 3
4 5
6 7
8 9
10 12
1314
1516
17 18
19 20
26 27
28 29
30 31
32 33
18 17
16 15
14 1312
11 25
24 20
19 35 36 37 38 39 21
30 29
28 27
26 25
24 23
22 31
5 31,797.3 S.F.
(0.73 ACRES)
3 19,873.2 S.F.
(0.46 ACRES)
40.0'
HARTER PACKING
59-010-104
62-310-005
112.0' 57.7' 55.0' 55.0'
45.0' 55.0' 55.0'
55.0' 55.0' 55.0' 55.0' 55.0'
55.0' 55.0' 55.0' 55.0'
55.0' 50.0'
50.0' 55.0'
60.0' 60.0' 60.0' 60.0' 60.0' 60.0'
114.5' 55.0' 55.0' 56.0' 59.8'
113.0'
55.0' 55.0' 55.0' 55.0'
59.4'
20.0' 20.0'
56.8'
59.2'
10.9'
86.2'
90.0'
50.0'
50.0'
50.0'
50.0'
50.0'
50.0'
CONDITIONAL RIGHT-IN, LEFT-IN,
AND RIGHT-OUT TURNING
MOVEMENTS (PER KD ANDERSON
STUDY - NO LEFT OUT ALLOWED)
RIGHT-IN AND
RIGHT-OUT ONLY
(E)18"SS
(E)18"SS (E)18"SS
(E)18"SS
(E)18"SS
(E)8"SS
(E)10"SS (E)8"SS
(E)8"SS STUB
(E)12"SS (E)10"SS
2 HARTER MARKETPLACE WAY
210.3'
238.9'
152.5' 140.0' 98.2'
251.9'
168.0' 156.6'
101.2'
71.0'
132.6'
24.8'
216.1' 43.3' 105.0' 83.6' 230.4' 114.4'
201.9'
64.5'
29.9'
16.6' 28.1'
103.4'
NOT PART OF
(HARTER ESTATE SOUTH
- TSTM 19-004)
3 37,828.5 S.F.
(0.87 ACRES)
2 23,797.1 S.F.
(0.55 ACRES)
1 24,555.2 S.F.
(0.56 ACRES)
8 28,295.8 S.F.
(0.65 ACRES)
7 25,317.2 S.F.
(0.58 ACRES)
6 37,544.6 S.F.
(0.86 ACRES)
5 20,003.9 S.F.
(0.46 ACRES)
4 18,477.2 S.F.
(0.42 ACRES)
11 100,959.0 S.F.(2.32 ACRES)
10 41,370.6 S.F.
(0.95 ACRES)
9 40,662.3 S.F.
(0.93 ACRES)
1 54,235.2 S.F.
(1.25 ACRES)
2 41,109.4 S.F.
(0.94 ACRES)
3 41,115.5 S.F.
(0.94 ACRES)
4 59,343.3 S.F.
(1.36 ACRES)
1 26,279.9 S.F.
(0.60 ACRES)
ACCESS EASEMENT SHALL BE
RESERVED IN DEED OR A JOINT
PARKING LOT/CROSS ACCESS
EASEMENT SHALL BE RESERVED
282.6'
170.5'
326.2'
171.2'
118.0'
204.5'
120.8'
EXISTING FRONTAGE ROAD ROW
SHALL BE ABANDONED AS PART OF
THE PARCEL FINAL MAP
211.8'
192.5' 126.0' 326.3'
326.3' 162.5'
126.0'
345.3'
19.0' 19.0'
210.0'
265.9' 345.3'
119.7'
142.1' 140.0' 140.8'
142.0'
129.6'
167.8'
51.1'
298.4'
140.7' 130.6' 221.1'
282.1'
113.7' 28.3' 140.1' 270.5'
140.9' 125.0'
119.9' 49.2'
79.3' 103.2'
19.0' 19.0'
103.3' 126.0' 126.0' 162.5' 238.8' 29.0' 64.5'
39.0'
110.0'
20.0'
SIGHT DISTANCE
TRIANGLE
STATE ROUTE 20
X X
KIMBERLY DRIVE
KIMBERLY DRIVE
TENTATIVE PARCEL MAP 2019-0003
HARTER MARKETPLACE
YUBA CITY, CALIFORNIA
FEBRUARY 27, 2020 REVISED APRIL 14, 2021
ENGINEERS & SURVEYORS SINCE 1892
1204 E STREET, P.O. BOX B
MARYSVILLE, CA 95901
TEL: 530.742.6485
FAX: 530.742.5639
0 30' 60' 120' 240'0 1"
IF NOT ONE INCH ON THIS SHEET , ADJUST SCALE ACCORDINGLY
RUTH AVENUE
BUTTE HOUSE BLVD.
HARTER PARKWAY
STATE ROUTE 99
INDICATES PROPOSED SMALL LOT
PHASE AND LARGE LOT PARCEL
SCALE 1' = 1000'
LOCATION MAP
EL MARGARITA ROAD
CITY OF YUBA CITY APPROVAL:
THE CITY OF YUBA CITY PLANNING COMMISSION
HAS CONSIDERED AND APPROVED RESOLUTION
21-XXX APPROVING TENTATIVE PARCEL MAP NO.2019-0003 DURING THE PLANNING COMMISSION MEETING ON __________, 2021. ______________________________________________ CITY OF YUBA CITY DATE:
FIRE PROTECTION
CITY OF YUBA CITY
LAW ENFORCEMENT
CITY OF YUBA CITY
SANITARY SEWER
CITY OF YUBA CITY
DOMESTIC WATER
CITY OF YUBA CITY
STORM DRAINAGE
CITY OF YUBA CITY AND
SUTTER COUNTY
ELECTRICITYPACIFIC GAS AND ELECTRICNATURAL GAS (OPTIONAL)PACIFIC GAS AND ELECTRIC
COMMUNICATION
AT&T AND COMCAST
CABLE (OPTIONAL)
COMCAST
IRRIGATION DISTRICT
NONE
PROJECT NOTES
GENERAL NOTES:
1. SUBDIVIDER RESERVES THE RIGHT TO PHASE DEVELOPMENT AND FILE MULTIPLE FINAL PARCEL MAPS PURSUANT TO SECTION 66456.1 (A) OF THE SUBDIVISION MAP ACT.2. A 12.0 FOOT PUBLIC UTILITY EASEMENT SHALL BE LOCATED ADJACENT SIDEWALK TO ALL PUBLICRIGHT OF WAYS WITH A 2 FEET OVERLAP UNDER SIDEWALK.
3. THIS EXHIBIT IS FOR TENTATIVE PARCEL MAP PURPOSES ONLY, ACTUAL DIMENSIONS, ROAD ALIGNMENTS, ACREAGE, AND YIELDS ARE TO BE VERIFIED PRIOR TO FINAL PARCEL MAP.
4. THIS IS AN APPLICATION FOR A DEVELOPMENT PERMIT.
5. VILLAGE NUMBERING IS FOR IDENTIFICATION PURPOSES ONLY AND DOES NOT INDICATE PHASING ORDER OF DEVELOPMENT. ULTIMATE DEVELOPMENT PHASING WILL BE ORDERLY AND WILL BE DETERMINED AT FINAL PARCEL MAP AND/OR IMPROVEMENT PLAN STAGE.
6. ALL EXISTING STRUCTURES AND WELLS TO BE REMOVED PRIOR TO CONSTRUCTION.
7. ALL SEPTIC TANKS SHALL BE REMOVED PRIOR TO OR AS PART OF CONSTRUCTION.
8. OWNERS, APPLICANT, ENGINEER, AND SURVEYOR SHALL RECEIVE ANY COMMUNICATIONS AND/OR NOTICES RELATED TO THIS PROJECT.
AREA OF TENTATIVE MAP
19.36 GROSS ACRES
EXISTING USE
AGRICULTURAL
EXISTING GENERAL PLAN DESIGNATION
COMMERCIAL AND OFFICE PARK
PROPOSED GENERAL PLAN DESIGNATION
COMMERCIAL AND OFFICE PARK
EXISTING ZONING
C-2 AND C-M
PROPOSED ZONING
C-2 (19.36 AC)
LEVEE PROTECTION
LEVEE DISTRICT NO. 9 OF SUTTER COUNTYELEMENTARY SCHOOL DISTRICT
YUBA CITY UNIFIED SCHOOL DISTRICT
HIGH SCHOOL DISTRICT
YUBA CITY UNIFIED SCHOOL DISTRICTAIR QUALITY MANAGEMENT DISTRICTFEATHER RIVER AIR QUALITY MANAGEMENTDISTRICTLIGHTING AND LANDSCAPE DISTRICT
CITY OF YUBA CITY
OWNER
HARTER PACKING CO. LLCP.O. BOX 1789
YUBA CITY, CA 95992
CONTACT: TOM TUCKER
PHONE: (530) 673-8330
APPLICANT
HARTER PACKING CO. LLCP.O. BOX 1789
YUBA CITY, CA 95992
CONTACT: TOM TUCKER
PHONE: (530) 673-8330
ATTORNEY
PIONEER LAW GROUP, LLP
1122 S STREET
SACRAMENTO, CA 95811
CONTACT: JAY HARRIS
PHONE: (916) 287-9500ENGINEER/SURVEYORMHM INCORPORATED
1204 E STREET, P.O. BOX B
MARYSVILLE, CA 95901
CONTACT: SEAN MINARD
PHONE: (530) 742-6485
ASSESSOR'S PARCEL NO.
62-310-01162-310-012
SURVEYORS STATEMENT:
I HEREBY STATE THAT ALL EASEMENTS OFRECORD ARE SHOWN AND LABELED PERPRELIMINARY TITLE REPORT BY FIRST
AMERICAN TITLE COMPANY ORDER NUMBER
12023-4760237 DATED OCTOBER 17, 2014
SEAN MINARD, P.E. 52593, P.L.S. 8397
PARCEL SUMMARY*
COMMERCIAL - VILLAGE 1 = 11 PARCELS 8.81 ACCOMMERCIAL - VILLAGE 2 = 5 PARCELS 5.14 ACCOMMERCIAL - VILLAGE 3 = 6 PARCELS 4.14 AC ROADWAYS** 1.27 AC
SUBTOTAL = 19.36 AC (NON-RESIDENTIAL)
*ALL ACREAGES AND DENSITIES EXCLUDE ARTERIAL AND COLLECTOR STREETS.**JEFFERSON AND HARTER PARKWAY WHERE DEDICATED AS PART OF PREVIOUS MAP OR AGREEMENTS WITH CITY OF YUBA CITY. THE 1.24 ACRES ON THISTENTATIVE PARCEL MAP INCLUDE HARTER MARKETPLACE WAY FEE DEDICATION. ***THE PORTION OF THE ONSTOTT FRONTAGE ROAD WITHIN THE PROJECT BOUNDARIES SHALL BE ABANDONED AS PART OF THE HARTER MARKETPLACE WAYDEDICATION. ****THERE SHALL BE CROSS EASEMENT ACROSS THE PARKING AREAS OF ALL
PARCELS
LAND USE SUMMARY
2 THARP ROAD
CL
NOT TO SCALE
B JEFFERSON AVENUE COLLECTOR - 54.0' R/W
20.5'
PSE
PL
0.5' 12.0'
PUE 5.0' 2.5'
27.0' ROADWAY
SIDEWALK
TYPE "A" ASPHALT
24.0' @ 2%
CLASS 2 A.B.
6.0'
12.0'
PUE
27.5'
PSE 0.5'
PL
2.5' 10.0'
27.0' ROADWAY
BARRIER CURB& GUTTER
SIDEWALK
TYPE "A" ASPHALT
24.0' @ 2%
CLASS 2 A.B.
8.0'
2.5' 6.0'
37.0' ROADWAY
BARRIER CURB
& GUTTER
TYPE "A" ASPHALT
27.0' @ 2%
CLASS 2 A.B.
L
7.0'
14.0'
TURN LANEOR MEDIAN
11.0'
TRAVEL
LANE
6.0'
BIKE
LANE
11.0'
TRAVEL
LANE
SIDEWALK
PARKWAY - 74.0' R/W
C NOT TO SCALE HARTER PARKWAY
7.0'
C
11.0'
TRAVEL
LANE
6.0'
BIKE
LANE
11.0'
TRAVEL
LANE
IN AREAS ADJACENT TO THE MULTI-FAMILY AND INDUSTRIAL,NO MASONRY BLOCK WALL SHALL BE REQUIRED. THEPROPERTY LINE SHALL BE LOCATED ONE-HALF (1/2) FOOTBEHIND CURB SIMILAR TO TYPICAL INTERIOR STREET ROAD SECTION.
BARRIER CURB
& GUTTER
6.0'
BIKE
LANE
12.0'
TRAVEL
LANE
8.0'
PARKING
6.0'
BIKE
LANE
12.0'
TRAVEL
LANE
8.0'
PARKING
PL
0.5'
22.5'
PSE 12.0'
PUE 10.0' 2.5'
37.0' ROADWAY
BARRIER CURB
& GUTTER
TYPE "A" ASPHALT
27.0' @ 2%
CLASS 2 A.B.
8.0'
SHARED PATH/SIDEWALK(CONCRETE SURFACE)
7.0'
PL
0.5'
27.5'
12.0' PSE
PUE
4.0'
CLASS 2 A.B.
16.0' @ 2%
TYPE "A" ASPHALT
SIDEWALK
ROLLED CURB
& GUTTER
23.0' ROADWAY
2.5'
0.5'
12.0'
TRAVEL
LANE
12.0'
TRAVEL
LANE
6.0'
BIKE
LANE
6.0'
BIKE
LANE
PL CL
CLASS 2 A.B.
16.0' @ 2%
TYPE "A" ASPHALT
BARRIER CURB& GUTTER
19.0' ROADWAY
2.5'
PL
0.5'
NOT TO SCALE
A HARTER MARKETPLACE WAY PARKING LOT ROAD - 42.0' R/W
01248.0005/712742.1 1
CITY OF YUBA CITY
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 2019-03
APRIL 28, 2021
HARTER MARKETPLACE
APNs: 62-310-011 & 62-310-012
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 parcel 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 15 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 parcel map, and references to “developer” or “applicant” herein also include any applicant, property owner, owner, lessee, operator, or any other person or entity making use of this tentative parcel map.
CONDITIONS OF APPROVAL
1. The applicant/property owner agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, damages, liability or actions arising out of or connected with this approval, except to the extent such liabilities are caused by actions of the City.
2. The final lot design of the parcel map shall be designed in conformance with TPM 19-03, in accordance with City Standards, and as approved by the Planning Commission.
01248.0005/712742.1 2
3. The development and operation of the project shall comply with all CEQA Mitigation measures identified in the EIR and supplemental environmental documents.
PUBLIC WORKS
4. The parcel is to be subdivided and developed in accordance with the Harter Specific Plan, associated technical reports, and as amended or approved by the Public Works Director.
5. Prior to abandonment of the existing frontage road that passes through Phases 2 and 3, Developer shall provide one traffic lane in each direction, at least eleven feet (11’) wide, unless a road closure and detour plan is approved by the Public Works Director. The road construction is to be adequate for travel during all weather, with a hot mix asphalt paved surface. The design of the interim roadway is to be approved, prior to construction, by the Yuba City Fire Department and Public Works.
6. To help contain fugitive dust, construction sites shall be watered down by the Developer during the construction phase of the project or as directed by the Public Works Department.
7. Paved streets shall be swept frequently by the Developer during the construction phase (water sweeper with reclaimed water recommended; wet broom) if soil material has been carried onto adjacent paved, public thoroughfares from the project site.
8. The Developer 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.
9. Storage of construction material is not allowed in the travel way.
10. A Transportation Technical Report / Traffic Impact Analysis dated April 8th 2020 by KD Anderson & Associates has been incorporated into the updated environmental analysis for this project. All determined improvements and/or mitigation measures from the traffic study shall be met.
11. A Parcel Map Agreement outlining the obligations of the Developer regarding any costs (hot tap, connection fee, fair share contribution, etc.), dedications, and improvements associated with the development shall be accepted by the City prior to recordation of map.
12. The Post Construction Statement of Responsibility shall be recorded at the Sutter County Recorder’s Office prior to recordation of map.
13. The contractor shall obtain an Encroachment Permit from the City prior to performing any work within public rights of way.
PRIOR TO ISSUANCE OF A GRADING PERMIT
14. The improvement plans for the development of the subject property shall include all measures required to ensure that no drainage runoff resulting from the development of the property flow onto the adjacent residential or agricultural lands or that the Development will not impede the drainage from those properties. The grading plans 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, brick, or masonry block.