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.
AMENDED AGENDA
SEPTEMBER 16, 2025
REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
CITY COUNCIL
CITY OF YUBA CITY
5:30 P.M. CLOSED SESSION
SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Dave Shaw
VICE MAYOR ● Marc Boomgaarden
COUNCILMEMBER ● Toni Cole
COUNCILMEMBER ● Michael Pasquale
COUNCILMEMBER ● Wade Kirchner
CITY MANAGER ● Robert Bendorf
CITY ATTORNEY ● Shannon L. Chaffin
1201 Civic Center Blvd
Yuba City CA 95993
Wheelchair Accessible
AMENDED AGENDA
REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY AND
CITY COUNCIL - CITY OF YUBA CITY
SEPTEMBER 16, 2025
5:30 P.M. CLOSED SESSION
SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
Materials related to an item on this Agenda submitted to the Successor Agency to the Redevelopment Agency and City 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_rA7RgFyjRxmcxzmT64E89Q. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the Successor Agency to the Redevelopment Agency and City Council prior to the meeting.
Please identify the Agenda item(s) addressed by the comments.
Public Comment:
Any member of the public wishing to address the City Council on any item listed on the closed session agenda, if any, will have an opportunity to present testimony to the City Council in the Council Chamber prior to the City Council convening into closed session. Comments from the public will be limited to three minutes. No member of the public will be allowed to be present once the City Council convenes into closed session.
Closed Session
A. Liability Claim:
Claimant: Khushwant Randhawa, Claim number: CL2496600338 Agency Claimed Against: City of Yuba City
B. Conference with Legal Counsel – Pending Litigation Pursuant to Government Code Section 54956.9(d)(1).
Case: Hoetger v. City of Yuba City, et al., Sutter County Superior Court Case No.
CVCS24-0002392 (complaint for personnel injuries – motor vehicle) C. Liability Claim:
Claimant: Justin Rossiter, Claim 25-26
Agency Claimed Against: City of Yuba City
D. Liability Claim:
Claimant: Jordan McClelland, Claim 25-27
Agency Claimed Against: City of Yuba City
Regular Meeting
Call to Order
Roll Call
__ Mayor Shaw
__ Vice Mayor Boomgaarden
__ Councilmember Kirchner
__ Councilmember Pasquale
__ Councilmember Cole
Invocation/Inspiration
Pledge of Allegiance to the Flag
City Attorney's Report on Closed Session Items, City Attorney Shannon Chaffin Agenda Modifications
Presentations
1. 2025 Sikh Parade Status Update - Chief Jim Runyen
Public Communication
2. 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.
3. Minutes of the September 2, 2025 Regular Meeting of the City Council Recommendation: Approve the Minutes of the September 2, 2025 Regular Meeting of the City Council
4. Chima Ranch – Subdivision Agreement and Final Map Approval Recommendation: Adopt a Resolution approving the execution of a Subdivision Agreement with LGI Homes – California, LLC, a California Limited Liability Company providing for public improvements associated with the Chima Ranch Subdivision Map, approving the Chima Ranch Final Map, accepting dedication of rights-ofway and easements shown thereon, and authorizing the filing of the map [Subdivision is located on the west side of
Sanborn Road immediately west of the intersection of Pebble Beach Drive and Sanborn Road]
5. Agreement for Purchase and Sale of Real Property – 433 Plumas Boulevard Recommendation: Adopt a Resolution authorizing the City Manager, as Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City, to execute an Agreement for Purchase and Sale of Real Property located at the northeast corner of Plumas Boulevard and Franklin Avenue (APN 052-380-025), and all other necessary documents, in the amount of $645,000 to Sutter Valley Medical Foundation, dba Sutter Medical
Foundation, and authorize the Finance Director to remit the proceeds to the Sutter County Auditor-Controller for distribution to the taxing entities per the Long Range Property Management Plan
Business Items
6. 2024 Consolidated Annual Performance and Evaluation Report (CAPER) Recommendation: A. Conduct a Public Hearing to receive comments on the draft 2024 CAPER and after consideration;
B. Adopt a Resolution Approving the 2024 CAPER and
authorizing staff to submit all necessary documents to the U.S.
Department of Housing and Urban Development (HUD)
7. Merriment Village Apartments, Development Plan 25-02 Recommendation: A. Conduct a Public Hearing, and;
B. Adopt a Resolution of the City Council of the City of Yuba City rescinding the City Council’s approval of Development Plan 23-02, determining the Merriment Village Apartments meets the requirements of a Homekey project and that pursuant to Health & Safety Code Section 50675.1.3(i), Development Plan 25-02 is a ministerial project and that pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15268(a) and 15002(i), CEQA does not apply to ministerial projects, and approve Development Plan 25-02, Merriment Village Apartments, for the development of a 218-unit income-based (affordable) apartment complex, located on a 7.7-acre parcel at 428 North Walton Avenue (Assessor’s Parcel Number 58-120-001)
8. Appointment of Health Care Committee
Recommendation: Consider amending the current Health Care Ad Hoc Committee or establishing an alternative to address health care issues with regional providers
9. Adoption of an Ordinance updating the City’s procedures for filing claims against the City
Recommendation: Introduce an Ordinance of the City Council of the City of Yuba City repealing and adding Section 3-3.04 of Chapter 3 of Title 3 of the Municipal Code regarding special claims procedures by title only and waive the first reading
10. Merriment Village Apartments Homekey Grant Funding
Recommendation:
For the State-awarded Homekey grant funds currently held in a Yuba City account at US Bank for the Merriment Village
apartment project, staff recommends:
A. The City Council of the City of Yuba City direct the City Manager and Finance Director, within 30 days, to transfer the total amount of Homekey funds on account at US Bank, including accrued interest, to Five Star Community Bank into an account opened by and solely in control by the City of Yuba City and its officers, including the City Council, City Manager and Director of Finance, consistent with HCD Policy and City Policy; and B. The City Council of the City of Yuba City stipulates the transfer of funds to Five Star Community Bank is contingent upon Habitat for Humanity successfully securing gap funding for the Merriment Village Apartment project with Five Star Community Bank Future Agenda Items
11. 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
12. City Manager's Report
13. City Council Reports
Adjournment
2025 Sikh Parade
Status Update
Presentation by:
Chief Jim Runyen
Yuba City Police Department
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:
Ciara Wakefield, City Clerk
[email protected]
Agenda Item 3
CITY OF YUBA CITY
STAFF REPORT
Date: September 16, 2025
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Kristi Morales , Administrative Analyst Summary
Subject: Minutes of the September 2, 2025 Regular Meeting of the City Council Recommendation: Approve the Minutes of the September 2, 2025 Regular Meeting of the City Council
Fiscal Impact: None
Attachments:
1. 09-02-2025 Regular Meeting Minutes DRAFT
Prepared By: Submitted By:
Kristi Morales
Administrative Analyst
Robert Bendorf
Interim City Manager
ATTACHMENT 1
MINUTES (DRAFT)
REGULAR MEETING
CITY COUNCIL - CITY OF YUBA CITY
SEPTEMBER 2, 2025
5:30 P.M. CLOSED SESSION
SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
Closed Session
Call to Order
The Closed Session Meeting of the City Council was called to order by Vice-Mayor Boomgaarden at 5:33 PM
Roll Call
Present: Councilmembers Cole, Kirchner, Pasquale, and Vice-Mayor Boomgaarden
Absent: Mayor Shaw
Closed Session
A. Liability Claim:
Claimant: Jose Esquivel, Claim No. 25-23
Agency claimed against: City of Yuba City
B. Liability Claim:
Claimant: Joseph Griesa, Claim No. 25-24
Agency claimed against: City of Yuba City
C. Liability Claim:
Claimant: John Brandstetter and Family, Claim 25-25
Agency Claimed Against: City of Yuba City
No public comment received
The City Council moved into the Sutter Room for the Special Closed Session Meeting Regular Meeting
Call to Order
The Regular Meeting of the City Council was called to order by Vice-Mayor Boomgaarden at 6:00PM
Roll Call:
Present: Councilmembers Cole, Kirchner, Pasquale, and Vice-Mayor Boomgaarden
Absent: Mayor Shaw
Invocation/Inspiration
Pastor Greg Mansuer - Adventure Church of Yuba City
Pledge of Allegiance to the Flag
Councilmember Cole
City Attorney's Report on Closed Session Items
Shannon Chaffin, City Attorney (Remote):
A. Esquivel (Claim 25-23) City Council authorized approval of the claim B. Griesa (Claim 25-24) City Council authorized denial of the claim C. Brandstetter (Claim 25-25) City Council authorized denial of the claim Agenda Modifications
None
Public Communication
1. Appearance of Interested Citizens
No public comment
Consent Calendar
Councilmember Pasquale moved and Councilmember Kirchner seconded the motion to approve Consent Calendar items 2-11:
2. Minutes of the August 19, 2025 Regular Meeting of the City Council; Minutes of the August 19, 2025 Special Closed Session Meeting of the City Council
Approve the Minutes of the August 19, 2025 Regular Meeting of the City Council, and the Minutes of the August 19, 2025 Special Closed Session Meeting of the City Council
3. Proposed Amendment to AB 481 Military Equipment Use Policy A. Adopt Resolution 25-103 Approving an amendment to the AB 481 Military Equipment Use Policy to remove one (1) DJI Matrice 350 RTK Unmanned Aircraft System (UAS) and replace it with two (2) Autel Evo Max 4T UAS devices B. Approve the use of COPS Grant funding previously allocated by the City Council for the DJI Matrice 350 RTK to instead be used for the purchase of two (2) Autel Evo Max 4T UAS devices
4. Citywide Network Switch Upgrade
Adopt Resolution 25-104 awarding the purchase to ePlus Technology, Inc. for the procurement of HPE/Aruba network switches and Wi- Fi access points in the amount of $211,593 utilizing the NCPA contract #01-170 with the finding that it is in the best interest of the City
5. Lighting & Landscape Maintenance District No. 2 Zone A Budget Allocation Adopt Resolution 25-105 authorizing the Finance Director to appropriate $26,840 from available reserves to Lighting and Landscape No. 2, Zone A (Fund 242), Account No. 6130-63684 (Spec O&M Landscape)
6. City Welcome Signs Final Design, Fabrication, and Installation (Contingency Increase)
Adopt Resolution 25-106 authorizing an increase in the contingency of $31,949.82 with a finding that it is in the best interest of the City
7. 2024-2025 Grand Jury Report Response
Approve the response to the 2024-2025 Sutter County Grand Jury Final Report regarding school zone safety
8. Chima Ranch Subdivision (Annexation #9 of property in CFD 2021-1) Adopt Resolution 25-107 annexing a certain area, Chima Ranch Subdivision, within the City Limits into an existing Community Facilities District (CFD No. 2021- 1) to fund municipal services, and filing said Resolution, along with the Ninth Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter
9. West Sanborn Unit 2 Subdivision (Annexation #10 of property in CFD 2021-1) Adopt Resolution 25-108 annexing a certain area, West Sanborn Unit 2 Subdivision, within the City Limits into an existing Community Facilities District (CFD No. 2021-1) to fund municipal services, and filing said Resolution, along with the Tenth Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter
10. Zoning Code Amendment (ZC) 25-01, Rezoning 25-02; Plumas Street Overlay District
Adopt Ordinance 009-25 of the City Council of the City of Yuba City finding that Zoning Code Amendment ZC 25-01 and Rezoning 25- 02 is not subject to environmental review and approving Zoning Code 25-01 and Rezoning 25-02, revising Title 8, Chapter 5, Article 38 of the Municipal Code to provide for Overlay Districts, adoption of an X28 District establishing the Downtown Plumas Street Overlay District, to prohibit new tobacco and vape retailers as well as retail stores authorized to sell beer, wine, and distilled spirits for consumption off premise consistent with a California Department of Alcoholic Beverage Control Type 20 or 21 License but excluding a wine tasting business where customers can sample wines that may be paired with food and have the ability to purchase sampled wines, and rezoning certain properties among Plumas Street, Forbes Avenue, Scoot Street and Center Street from Community Commercial District (C-2)
Specific Plan to C-2-X28-SP, and waive the second reading
11. Utilities Department Recruitment Request – WWTF Operator III Authorize the Interim Human Resources Director to conduct an open recruitment for a full-time permanent Wastewater Treatment Facility Operator III to fill a vacancy in the Utilities Department
The motion was passed with 4 votes [Mayor Shaw absent]
Business Items
12. Downtown Business Assessments
Vice Mayor Boomgaarden opened a Public Hearing
No public comment
Vice Mayor Boomgaarden closed the Public Hearing
Councilmember Cole moved and Councilmember Pasquale seconded the motion to:
Adopt Resolution 25-109 for the inclusion of unpaid Downtown Business Assessments on the secured tax roll in the same manner as the general taxes and directing that a lien also be placed on the subject properties The motion was passed with 4 votes [Mayor Shaw absent]
13. Community Sponsorship Request - Casa de Esperanza
Councilmember Kirchner moved and Councilmember Pasquale seconded the motion to:
Adopt Resolution 25-110 to approve a monetary sponsorship request from Casa de Esperanza
The motion was passed with 4 votes [Mayor Shaw absent]
Future Agenda Items
14. Future Agenda Items
No suggestions were made
Reports and Communications
15. City Manager's Report
16. City Council Reports
- Councilmember Cole
- Councilmember Kirchner
- Councilmember Pasquale
- Vice-Mayor Boomgaarden
Adjournment
Vice-Mayor Boomgaarden adjourned the Regular Meeting of the City Council at 6:31 PM. ________________________________________
Marc Boomgaarden, Vice-Mayor
ATTEST:
Kristi Morales, Deputy City Clerk
Agenda Item 4
CITY OF YUBA CITY
STAFF REPORT
Date: September 16, 2025
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Joshua Wolffe, Public Works Director
Summary
Subject: Chima Ranch – Subdivision Agreement and Final Map Approval Recommendation: Adopt a Resolution approving the execution of a Subdivision Agreement with LGI Homes – California, LLC, a California Limited Liability Company providing for public improvements associated with the Chima Ranch Subdivision Map, approving the Chima Ranch Final Map, accepting dedication of rights-of-way and easements shown thereon, and authorizing the filing of the map [Subdivision is located on the west side of Sanborn Road immediately west of the intersection of Pebble Beach Drive and Sanborn Road]
Fiscal Impact: Costs and reimbursements in accordance with proposed Subdivision Agreement
Purpose:
To approve the necessary agreement and final subdivision map that specify the terms for the Chima Ranch 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 December 14, 2022, the Planning Commission approved Tentative Map SM 22-07, Chima Ranch, to subdivide 14.98 acres into 82 single family residential parcels, including 2 multi-family parcels, located on the west side of Sanborn Road immediately west of the intersection of Pebble Beach Drive and Sanborn Road (Attachment 2). The proposed lot sizes range from 5,150 square feet to 12,234 square feet.
Since Planning Commission approval, the developer and its representatives have been coordinating with City staff to develop the necessary improvement plans and determine the terms of the Subdivision Agreement in accordance with the conditions of approval for the development
and City policy.
Analysis:
The procedure for approval of a Final Map is outlined in Title 8, Chapter 2, Article 8 of the Municipal Code. The process is summarized as follows:
• Tentative Map – The applicant submits a tentative map to the Development Services Department, which is then routed to all City Departments and other agencies for review, comment, and establishment of the Conditions of Approval. Upon preparation of the Conditions of Approval and the environmental document, the map is taken to the Planning Commission for approval. The tentative map for the subject project was approved by the Planning Commission on December 14, 2022. • Final Map – Upon approval of the tentative map, the applicant submits a Final Map package which includes the Final Map and public improvement plans. If the applicant chooses to file the map prior to the construction of the public improvements, the City requires the execution of a Subdivision Agreement guaranteeing that the improvements will be constructed through the collection of security, such as bonds or a letter of credit. • Council Approval – Once it is determined that the Final Map is correct and the Conditions of Approval have been met, the map is taken to the City Council for consideration and approval.
• Recordation of the Final Map – Upon Council approval, the City Clerk certifies the action on the map and it is submitted to the Sutter County Recorder for recordation.
In order to proceed with the development, the property owner is to enter into a Subdivision Agreement (Agreement) with the City to ensure the construction of the required public improvements. The Agreement specifies the obligations of the property owner regarding the fees, dedications, and improvements that are required as a condition of the subdivision, and guarantees that the required public improvements will be constructed.
With the recordation of the Final Map, the determined right-of-way and utility easements will be dedicated to the City. Road dedications include Brianna Way, Karinna Court, Saila Way, Kiko Drive, a portion of Pebble Beach Drive, and a portion of Sanborn Road.
Fiscal Impact:
Costs and reimbursements for the public improvements are specified through the proposed Agreement. Exhibit B of the Agreement identifies the fees owed by the Developer to the City at the time of execution of the Agreement. Those fees include plan check, inspection, water extension fees, and water hot tap fees, totaling $277,758.90. A portion of the fees have already been paid on Building Permit BLD23-02379.
Alternatives:
Delay or modify the recommended actions of approving a Subdivision Agreement or Final Map for Chima Ranch.
Recommendation:
Adopt a Resolution approving the execution of a Subdivision Agreement with LGI Homes – California, LLC, a California Limited Liability Company, providing for public improvements associated with the Chima Ranch Subdivision Map, approving the Chima Ranch Final Map, accepting dedication of rights-of-way and easements shown thereon, and authorizing the filing of the map. [Subdivision is located on the west side of Sanborn Road immediately west of the intersection of Pebble Beach Drive and Sanborn Road.]
Attachments:
1. Resolution approving Subdivision Agreement, Final Map, Dedication Public Right-of-Way and Easements, and Authorizing the filing of the map
2. Exhibits A and B for Attachment 1
3. Location Map
Prepared By: Submitted By:
Kevin Bradford
Deputy P.W. Director – Engineering
Robert Bendorf
Interim City Manager
ATTACHMENT 1
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING A SUBDIVISION AGREEMENT WITH LGI HOMES – CALIFORNIA, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, FOR THE CHIMA RANCH SUBDIVISION, APPROVING THE CHIMA RANCH SUBDIVISION FINAL MAP SUBDIVIDING LAND INTO 82
PARCELS TO CONSTRUCT SINGLE-FAMILY RESIDENTIAL BUILDINGS, ACCEPTING
FOR DEDICATION THE PUBLIC RIGHT-OF-WAY AND UTILITY EASEMENTS SHOWN THEREON, AND AUTHORIZING THE FILING OF THE MAP.
WHEREAS, LGI Homes – California, LLC, a California Limited Liability Company (“subdivider”) owns certain property as identified on Exhibit “B” and has offered for approval a Final Map designated as “Chima Ranch” ("final map"), pursuant to approved Tentative Map for Chima Ranch Subdivision ("tentative map"); and
WHEREAS, the subdivision lies within the boundaries of the City of Yuba City; and WHEREAS, the Planning Commission of the City of Yuba City, by formal resolution, approved said tentative map; and
WHEREAS, the City Engineer has subsequently reviewed the final map and has determined that the conditions of approval associated with the final map have been satisfied, that the final map is in substantial conformance with the tentative map, and that the final map is ready for City Council approval; and
WHEREAS, all the certificates which appear on the final map (except the approval certificate of the Council of the City of Yuba City and the recording certificate of the Recorder of the County of Sutter) have been signed and acknowledged and said final map has been filed for approval; and
WHEREAS, the final map conforms to all of the requirements of the Subdivision Map Act of the State of California, and City ordinances, resolutions and standards, except that Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having previously filed with the Clerk of the Board of Supervisors of Sutter County a Tax Compliance Certificate Request along with copies of the final map considered herewith by the Council; and,
WHEREAS, the proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable general and specific plans of the City; and, WHEREAS, the owner, whose signature(s) appear on the final map, and others have offered for dedication certain streets, public utility easements, access rights and other public properties and uses as shown and delineated upon said final map; and
WHEREAS, required public improvements have not been completed by the subdivider as of the filing of the final map, and all required public improvements shall be required to be completed in accordance with a Subdivision Improvement Agreement approved by and between the City and the Subdivider; and
WHEREAS, the City Council now desires to approve the Subdivision Agreement with Subdivider, approve the final map, 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. Subdivision Agreement: The City Council approves the Subdivision Agreement with LGI Homes – California, LLC, a California Limited Liability Company, attached hereto as Exhibit “A,” and authorizes the City Manager or designee to execute the same on behalf of the City of Yuba City.
2. Findings for Final Map: The City Council finds that:
a. The final map is in substantial compliance with the tentative map, any deviations therefrom being deemed to be approved by the Council.
b. The requisite conditions associated with the tentative map have been satisfied, subject to the terms of the Subdivision Agreement approved concurrently herewith. c. The final map is in conformance with the General Plan and any applicable specific plan(s).
d. The final map conforms to all applicable requirements of the Subdivision Map Act of the State of California.
3. Approval of Final Map and Acceptance of Dedications: The City Council approves the final map attached hereto as Exhibit “B”, subject to the terms of the Subdivision Agreement approved concurrently herewith, and subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the final map for recordation.
The City Council accepts any and all of the streets, public utility easements, public utility facilities, access rights and all parcels of land and easements offered for dedication on the final map, unless it is stated on the final map that said dedications are subject to City acceptance of subdivider-installed improvements, in which case acceptance shall be subject to improvement in accordance with Section 66477.1 of the California Government Code. In addition, the City Council authorizes the filing of the map.
4. This Resolution is not effective until Subdivider submits Payment and Performance Bonds for approval as to legal form by the City Attorney prior to recordation of the Final Map and Subdivision Improvement Agreement.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 16th day of September, 2025.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit “A” – Subdivision Agreement
Exhibit “B” – Final Map (Chima Ranch Subdivision, City of Yuba City)
01248.0005/696485.2 SLC
EXHIBIT “A”
Subdivision Agreement
Final Map of Chima Ranch
Subdivision
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
SUBDIVISION AGREEMENT
FINAL MAP OF CHIMA RANCH SUBDIVISION
(Regarding Tentative Map No. 22-07, Chima Ranch Subdivision)
Subdivision Agreement
Final Map of Chima Ranch
Subdivision
THIS AGREEMENT is made this ______ day of _____________________ 2025, by and between the City of Yuba City, a general law city, hereinafter referred to as "City," and LGI Homes – California, LLC, a California Limited Liability Company, hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk’s Attestation and signature for the City of Yuba City.
RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider, 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 82, inclusive, of the Final Map of Chima Ranch Subdivision according to the map thereof recorded on _______________________, 20____ in Book ________ of Surveys at Page(s) , Sutter
County Records.
B. City requires as a condition precedent to the acceptance and approval of the Final Map the dedication of such streets, highways and public places and easements as are delineated and shown on the Final Map, and deems the same as necessary for the public use, and also requires any and all streets delineated and shown on the Final Map 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 Subdivider to enter into this Agreement with City whereby Subdivider agrees to do, perform and complete the work and matters required as Conditions of Approval for Tentative Map No. 22-07 dated December 14, 2022 issued by City and any amendments thereto, hereinafter referred to as “Conditions of Approval”, within the time hereinafter specified.
D. Subdivider desires to construct the improvements and develop the Subject Property.
E. Subdivider hereby warrants that any and all parties having record title interest in the Final Map 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 Map, and in
Subdivision Agreement
Final Map of Chima Ranch
Subdivision
consideration of finding of substantial compliance with said Tentative Map, it is mutually agreed and understood by and between Subdivider and City, and Subdivider 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 Subdivider fails 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 Subdivider. b. Conditions of Approval. The Subject Property shall comply with all Conditions of Approval required by Planning Commission Resolution No. PC 22-12, dated December 14, 2022 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 Subdivider, 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, Subdivider 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. Subdivider 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 Map. The Public Works Director, in said Director’s sole and exclusive discretion, may grant an extension of time for completion of improvements by Subdivider. 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 and pursuant to the types and percentage amounts set forth in Paragraph 5 of this Agreement.
The Public Works Director shall give Subdivider 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 Subdivider shall provide City any additional improvement security within 20 business days after written notice of
Subdivision Agreement
Final Map of Chima Ranch
Subdivision
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 Subdivider at the time of submittal of the request for extension.
2. Scope of Improvements. Subdivider agrees to construct and install, at Subdivider’s 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 Chima Ranch Subdivision (City Drawing No. 5573-D), as approved by the City Engineer, and any approved amendments thereto, any Conditions of Approval required by Planning Commission Resolution No. PC 22-12, dated December 14, 2022, 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. Subdivider shall pay to City the total fees and charges due as a condition of Final Map approval, 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 Subdivider 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 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
Subdivision Agreement
Final Map of Chima Ranch
Subdivision
is incorporated into the calculations, including the amount of fee credits, if any. Subdivider agrees 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 Subdivider 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, Subdivider 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, Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completely installed by Subdivider. Until then, and notwithstanding any other provision, Subdivider expressly agrees Subdivider has 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 Subdivider to adjust (including adding, reducing or removing) credits at any time prior to acceptance of all required infrastructure improvements by City. Upon adjustment, Subdivider shall pay in full any development impact fees, due from modification of the fee credit, prior to approval of the subdivision map or as may be deferred by a fee deferral covenant. If the subdivision map has already been approved, all such fees shall be promptly paid by Subdivider.
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 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
Subdivision Agreement
Final Map of Chima Ranch
Subdivision
the satisfaction of the City Engineer.
7. Security. Prior to the approval by the City Council of the Final Map, Subdivider 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 $1,601,061.50 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 $1,601,061.50 and in the form of a bond naming the City of Yuba City as obligee, or in the amount of $800,530.75 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 constructed pursuant to this Agreement occurring after installation shall be made good to the satisfaction of the City Engineer by Subdivider before any securities are released or the final acceptance of the completed work.
9. Remedy of Defects. Subdivider 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.
Subdivision Agreement
Final Map of Chima Ranch
Subdivision
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 $395,424.50 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. Subdivider shall be obligated as follows:
a. To the furthest extent allowed by law, Subdivider 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, Subdivider 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 Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work and Improvements; (v) Subdivider and Subdivider’s 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. Subdivider’s obligations under the preceding sentence shall apply regardless whether 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
Subdivision Agreement
Final Map of Chima Ranch
Subdivision
of its officers, officials, employees, agents or volunteers. c. If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdividershall 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. Subdivider further agrees 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 Subdivider 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, Subdivider 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 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
Subdivision Agreement
Final Map of Chima Ranch
Subdivision
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 Subdivider), 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.
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.
Subdivider shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Subdivider 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 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, Subdivider 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, Subdivider 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
Subdivision Agreement
Final Map of Chima Ranch
Subdivision
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 Subdivider’s 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.
Subdivider shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
Subdivider 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 Subdivider or his/her/its subcontractors shall not be deemed to release or diminish the liability of Subdivider or his/her/its 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 Subdivider or his/her/its subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Subdivider, its principals, officers, agents, employees, persons under the supervision of Subdivider, vendors, suppliers, invitees, subcontractors, consultants or anyone employed directly or indirectly by any of them.
If at any time during the life of the Agreement or any extension, Subdivider fails 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 due or that become due to Subdivider 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
Subdivision Agreement
Final Map of Chima Ranch
Subdivision
City to terminate this Agreement.
If Subdivider should subcontract all or any portion of the services to be performed under this Agreement, Subdivider 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 Subdivider and City prior to the commencement of any work by the subcontractor.
14. Payment for Materials and Supplies. Subdivider and Subdivider’s 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 Subdivider.
16. Work by Subdivider. It shall be the responsibility of Subdivider to coordinate all work done by Subdivider’s 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 Subdivider. It shall further be the responsibility of Subdivider 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 Subdivider to notify the City Engineer may cause delay for which Subdivider shall be solely responsible.
17. Inspections. Whenever Subdivider varies the period during which work is carried on each day, Subdivider shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails 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 Subdivider of any obligation to fulfill the Agreement as prescribed. Defective
Subdivision Agreement
Final Map of Chima Ranch
Subdivision
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, Subdivider shall comply with all Conditions of Approval set forth in the Conditions of Approval for Tentative Map No. 22-07 dated July 22, 2022 and Revised on September 12, 2022, and any amendments thereto, not already fully completed or performed as of the date of the approval of the Final Map 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 Subdivider’s completion of all required improvements to said parcels. Subdivider’s 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 Subdivider of the outstanding condition and time in which Subdivider is required to comply, and Subdivider shall timely comply.
20. Compliance with Law. In performing obligations set forth in this Agreement, Subdivider 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 Subdivider to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, Subdivider agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement. Subdivider 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. Subdivider 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.
Subdivision Agreement
Final Map of Chima Ranch
Subdivision
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 Subdivider’s 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 either 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. Subdivider consents 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 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 Subdivider 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
Subdivision Agreement
Final Map of Chima Ranch
Subdivision
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 Subdivider 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 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. Acknowledgement of Content. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and
Subdivision Agreement
Final Map of Chima Ranch
Subdivision
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. ****
[Signatures on Next Page]
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement
CITY OF YUBA CITY,
a General Law City
By:
Robert Bendorf, Interim City Manager
ATTEST
By:
Ciara Wakefield, City Clerk
Dated: ______________________
APPROVED AS TO FORM:
By:
Shannon L. Chaffin,
SUBDIVIDER
LGI Homes – California, LLC, a
California Limited Liability Company
By:
Evan Licht
Authorized Signatory
Dated:_________________________
*(Attach Notary Acknowledgments)
City Attorney
Attachments:
Exhibit A: Planning Commission Resolution No. PC 22-12 – Conditions of Approval Exhibit B: Impact Fees and Other Fees Due Payable by Subdivider Exhibit C: Fee Credits and Reimbursements Payable by City
EXHIBIT A
PLANNING COMMISSION RESOLUTION NO. PC 22-12
CONDITIONS OF APPROVAL
is on file in
the City of Yuba City’s Development Services Department located at 1201 Civic Center Blvd.
EXHIBIT B
IMPACT FEES AND OTHER FEES PAYABLE BY SUBDIVIDER
In accordance with this Agreement, and also in accordance with applicable provisions of the Yuba City Municipal Code, it has been determined that Subdivider shall pay the following fees a minimum of ten (10) calendar days prior to the date of Council action on the Agreement, and prior to issuance of any building permits for the subject development.
(1) Public Improvement Plan Check and Inspection Fee (Fees to be paid on Building Permit BLD23-02379):
(a) 4% of the estimated total construction cost to $2,000,000.00 $2,000,000.00 x .04 = $80,000.00
(b) 3% of the estimated total construction cost above $2,000,000.00 $1,835,280.00 x .03 = $55,058.40
[Fees already paid on Building Permit BLD23-02379 $142,700.50]
SUBTOTAL (A) $135,058.40
(2) Sewer Extension Fees
Developer constructing onsite sewer main. $0.00
(3) Sewer Connection Fees (per Section 6-5.504 Municipal Code) Deferred until application for building permits are filed. $0.00 (4) Water Extension Fees
Developer constructing onsite water main. $0.00
(5) Water Connection Fees (per Section 6-6.05 Municipal Code) Deferred until application for building permits are filed. $0.00 SUBTOTAL (B) $0.00
TOTAL FEES PAYABLE BY SUBDIVIDER
SUBTOTAL (A) + SUBTOTAL (B) = $135,058.40
EXHIBIT C
FEE CREDITS AND REIMBURSEMENTS PAYABLE BY CITY
None
EXHIBIT “B”
ATTACHMENT 2
S
A
N
B
O
R
N
R
D
B
AY
D
R
NAND DR
T
U
S
C
A
N
Y
D
R
B
U
R
G
A
N
D
Y
D
R
JO
DI D
R
B
AY
C
T
PEBBLE BEACH DR
MORGAN WAY
LA RABYN WAY
FALLS DR
JO
DI D
R
¶
Location Map: Chima Ranch
Tentative Subdivision Map 22-07
Chima
Ranch
1 inch = 300 feet
Agenda Item 5
CITY OF YUBA CITY
STAFF REPORT
Date: September 16, 2025
To: Honorable Mayor & Members of the City Council;Honorable Chairperson and Directors of the Successor Agency to the Redevelopment Agency of the City of Yuba City
From: Administration Department
Presentation By: Robert Bendorf, City Manager
Summary
Subject: Agreement for Purchase and Sale of Real Property – 433 Plumas Boulevard Recommendation: Adopt a Resolution authorizing the City Manager, as Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City, to execute an Agreement for Purchase and Sale of Real Property located at the northeast corner of Plumas Boulevard and Franklin Avenue (APN 052-380-025), and all other necessary documents, in the amount of $645,000 to Sutter Valley Medical Foundation, dba Sutter Medical Foundation, and authorize the Finance Director to remit the proceeds to the Sutter County Auditor-Controller for distribution to the taxing entities per the Long Range Property Management Plan Fiscal Impact: Sale Price – $645,000
Purpose:
To facilitate and encourage the development of infill property located in the Town Center area.
Council’s Strategic Goal:
This project addresses multiple City Council Strategic Goals, primarily maintaining the financial stability and sustainability of the City and enhancing the business-friendly environment for the City.
Background:
The northeast corner of Plumas Boulevard and Franklin Avenue (433 Plumas Boulevard) (the “Site”) is a 2.46-acre vacant parcel, currently owned by the Successor Agency to the Redevelopment Agency of the City of Yuba City (Successor Agency). Based on a 2011 California Supreme Court decision, all redevelopment agencies in California were dissolved as of February 1, 2012. As a result, all redevelopment agencies were required to dissolve and transfer any assets and liabilities to “Successor Agencies” that would bring to a close the redevelopment agencies’ business matters. On January 10, 2012, the City Council elected to become the Successor Agency, and in November 2014, the Site was transferred to the Successor Agency.
In 2015, a Long Range Property Management Plan was prepared by Fraser & Associates. The plan recommended the Site be sold for private development. On August 16, 2022, the City Council, acting
as the Successor Agency, declared the Site to be surplus land and directed the City Manager to follow procedures set forth in the Surplus Land Act (SLA) for the sale of the property. 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:
Sutter Medical Foundation approached the City with an interest in developing the Site as a medical facility to serve the community. The purchaser agrees to the following conditions:
1. Development must consist of a medical facility serving the community.
2. Promptly commence applications for governmental approvals to begin construction within 4 years.
3. City reserves the right to reclaim title to the property at the purchase price if development does not meet agreed upon timelines.
4. All obligations run with the land.
In March 2025, an appraisal was prepared by BEC Appraisal & Consulting, Inc., in which the appraised amount was $645,000. Sutter Medical Foundation is agreeable to purchasing the Site “as is” for this price. The attached Agreement for Purchase and Sale details the terms of the transaction.
Fiscal Impact:
The proposed purchase price is $645,000 with net proceeds being less due to title and escrow fees.
Per the Long Range Property Management Plan, the City will remit the net proceeds to the Sutter County Auditor-Controller for distribution to the taxing agencies, of which the City will receive approximately 16% back.
Alternatives:
Do not authorize the City Manager to sign the Agreement and provide direction for the disposition of the property.
Recommendation:
Adopt a Resolution authorizing the City Manager, as Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City, to execute an Agreement for Purchase and Sale of Real Property located at the northeast corner of Plumas Boulevard and Franklin Avenue (APN 052- 380-025), and all other necessary documents, in the amount of $645,000 to Sutter Valley Medical Foundation, dba Sutter Medical Foundation, and authorize the Finance Director to remit the proceeds to the Sutter County Auditor-Controller for distribution to the taxing entities per the Long Range Property Management Plan.
Attachments:
1. Attachment 1 - Resolution
2. Attachment 1 - Exhibit A - Purchase and Sale Agreement
3. Attachment 2 - Vicinity Map
Prepared By: Submitted By:
Kevin Bradford
Deputy Public Works Director - Engineering
Robert Bendorf
Interim City Manager
ATTACHMENT 1
RESOLUTION NO. _________
RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF
THE CITY OF YUBA CITY AUTHORIZING THE CITY MANAGER AS THE EXECUTIVE
DIRECTOR TO THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF YUBA CITY TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE OF
REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF PLUMAS BOULEVARD AND FRANKLIN AVENUE (APN 052-380-025), AND ALL OTHER NECESSARY DOCUMENTS, IN THE AMOUNT OF $645,000 TO SUTTER VALLEY MEDICAL
FOUNDATION, DBA SUTTER MEDICAL FOUNDATION, AND AUTHORIZE THE FINANCE DIRECTOR TO REMIT THE PROCEEDS TO THE SUTTER COUNTY AUDITORCONTROLLER FOR DISTRIBUTION TO THE TAXING ENTITIES PER THE LONG RANGE
PROPERTY MANAGEMENT PLAN
WHEREAS, in January 2012, the City Council elected to become the Successor Agency to the Redevelopment Agency of the City of Yuba City (Successor Agency); and WHEREAS, in November 2014, ownership of the Site was transferred by grant deed to the Successor Agency; and
WHEREAS, in 2015, a Long Range Property Management Plan was prepared by Fraser & Associates and recommended the Site be sold for private development; and WHEREAS, in August 2022, the Successor Agency declared the Site to be surplus and directed the City Manager/Executive Director to follow procedures set forth in the Surplus Land Act for the sale of the 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 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 BEC Appraisal & Consulting, Inc., and the appraised value is $645,000; and
WHEREAS, the City received an offer from Sutter Valley Medical Foundation, dba Sutter Medical Foundation, to purchase the property for $645,000 in “as is” condition; and WHEREAS, staff recommend that the Successor Agency accept the offer and authorize the City Manager to execute an Agreement for Purchase and Sale; and WHEREAS, per the Long Range Property Management Plan, the net proceeds from the sale of the property are to be remitted to the Sutter County Auditor-Controller for distribution to the taxing agencies.
NOW, THEREFORE, the Successor Agency of the Yuba City Redevelopment Agency, California, does hereby resolve as follows:
1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
2. The City Manager as the Executive Director to the Successor Agency to the Redevelopment Agency of the City of Yuba City is authorized to execute an Agreement for Purchase and Sale of Real Property located at the northeast corner of Plumas Boulevard and Franklin Avenue (APN 052-380-025), and all other necessary documents, in the amount of $645,000 to Sutter Valley Medical Foundation, dba Sutter Medical Foundation.
3. The Finance Director is authorized to remit the net proceeds to the Sutter County AuditorController.
The foregoing resolution was duly and regularly introduced, passed, and adopted by the Successor Agency to the Yuba City Redevelopment Agency at a regular meeting thereof held on the 16th day of September, 2025.
AYES:
NOES:
ABSENT:
_____________________________
Dave Shaw, Chair of Successor Agency
ATTEST:
Ciara Wakefield, Deputy Agency Secretary
APPROVED AS TO FORM
COUNSEL FOR SUCCESSOR AGENCY:
Shannon Chaffin, Agency Counsel
Aleshire & Wynder, LLP
Exhibit A – Purchase and Sale Agreement
{01809467 v.6} 01248.0012 2012524.5 1
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 ___ day of ________, 2025 by and between SUTTER VALLEY MEDICAL FOUNDATION, a California nonprofit public benefit corporation, dba Sutter Medical Foundation (“Buyer”), and CITY OF YUBA CITY AS
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF YUBA CITY, a public agency (“Seller”). First American Title Company, a California corporation, shall act as escrow (“Escrow Holder” and “Title Company”).
R E C I T A L S:
A. Seller is the owner of that certain real property commonly known as 433 Plumas Boulevard, in the City of Yuba City, County of Sutter, State of California (APN 052-380-025) legally described in Exhibit A attached hereto (“Property”).
B. In order to sell the Property, Seller was required and Seller attests that it did comply with the provisions of the Surplus Land Act (Government Code Section 54220 et seq) and the applicable regulations (“SLA”). Pursuant to the SLA, a covenant agreement is mandated to be recorded with respect to any future residential development of the Property.
C. Seller desires to sell to Buyer and Buyer agrees to buy, the Property upon the terms and conditions set forth in this Agreement which includes limitations on the future use of the Property by Buyer.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and incorporating the Recitals, the parties hereto agree as follows:
TERMS AND CONDITIONS:
1. PURCHASE AND SALE OF PROPERTY.
1.1 Sale. Pursuant to the terms and subject to the conditions of this Agreement, Buyer agrees to purchase from Seller and Seller agrees to sell to Buyer, the Property (i) in AS-IS condition without representations or warranties; (ii) subject to the covenants in the Grant Deed (defined in Section 1.2); and (iii) the HCD Covenant (as defined in Section 1.3). Following the Effective Date until the Closing, Seller shall not do anything which would impair Seller’s title or the condition of the Property.
1.2 Grant Deed. At Closing, Seller shall transfer the Property to Buyer in the form of the Grant Deed attached hereto as Exhibit B (“Grant Deed”).
1.3 HCD Covenant. At Closing, the Covenant Agreement in the form attached as Exhibit C is to be recorded against the Property (“HCD Covenant”).
2. EFFECTIVE DATE; OPENING OF ESCROW.
2.1 Effective Date. This Agreement shall be deemed effective upon execution of the Agreement by Seller after the approval by the City Council of the City of Yuba City (“Effective Date”).
{01809467 v.6} 01248.0012 2012524.5 2
2.2 Opening of Escrow. Within five (5) days after the mutual execution of this Agreement by both Buyer and Seller, Seller shall open an escrow (“Escrow”) with Escrow Holder by causing a fully executed copy of this Agreement to be deposited with Lesley Kaufman, escrow officer (“Escrow Officer”) at First American Title Company, 1 Parkcenter Drive, Suite 120, Sacramento, California 95825, [email protected] , (916) 490-4512 (“Escrow”). Escrow shall be deemed opened upon the date that Buyer and Seller (i) deliver a fully executed copy of this Agreement to Escrow Holder; and (ii) Buyer delivers the Deposit (defined in Section 3.2 below).
Upon such receipt of both this Agreement and the Deposit, Escrow Holder shall open escrow for the transaction contemplated hereunder and, then, execute and deliver to Buyer and Seller the Joinder and Acceptance by Escrow Holder in the form attached hereto (“Opening of Escrow”).
If Escrow is not opened within six (6) business days after the Effective Date, Seller shall have the right to terminate this Agreement upon written notice to Buyer and Escrow Holder.
3. CONSIDERATION; PURCHASE PRICE; PAYMENT OF PURCHASE PRICE.
3.1 Consideration. All of the following is material consideration to Seller for the sale of the Property to Buyer: (i) payment of the Purchase Price (defined in Section 3.1.a); (ii) the Covenants (defined in Section 3.1.b); and (iii) the HCD Covenant. a. Purchase Price. The term “Purchase Price” means the sum of Six Hundred Forty-Five Thousand Dollars ($645,000).
b. Covenant. The covenant of Buyer with respect to the use and development of the Property as set forth in the Grant Deed are material consideration to Seller for the sale of the Property to Buyer (“Grant Deed Covenant”). The Grant Deed Covenant shall run with the Property and provide additional controls and rights in Seller with respect to the uses and development of the Property notwithstanding uses otherwise authorized by applicable zoning.
c. HCD Covenant. The HCD Covenant shall be executed by Buyer and recorded following the Grant Deed.
3.2 Payment of Purchase Price.
a. Deposit. Within five (5) business days of the Effective Date, Buyer shall deliver the Deposit to Escrow Holder in the amount of Seventy-Five Thousand Dollars ($75,000) (“Deposit”).
b. Balance of Purchase Price. Buyer shall deposit the balance of the Purchase Price with Escrow Holder in Good Funds (as defined below) at least one (1) business day prior to the Closing Date.
c. Refundability; Applicability to Price. The Deposit held by Escrow Holder shall be refunded to Buyer, if Buyer elects to either terminate this Agreement at any time prior to the end of the Due Diligence Period (as defined below) or if Buyer fails to provide the Buyer’s Due Diligence Approval Notice (as defined below), pursuant to Section 7.5 below, prior to the expiration of the Due Diligence Period or Buyer’s Title Approval Notice, pursuant to Section 6.1, prior to the expiration of the Buyer’s Title Review Period, in which case, Escrow Holder shall return the Deposit to Buyer (excluding the Independent Consideration (as defined below)), and neither Buyer nor Seller shall have any further rights or obligations under this Agreement, except as otherwise expressly provided herein. If Buyer
{01809467 v.6} 01248.0012 2012524.5 3
approves its feasibility studies and provides the Buyer’s Due Diligence Approval Notice, pursuant to Section 7.5 below, and delivers Buyer’s Title Approval Notice, pursuant to Section 6.1, the Deposit shall be refundable consideration and shall be applicable to the Purchase Price. The Deposit shall remain in Escrow until the termination of this Agreement or the Close of Escrow (as defined below), in which event the Deposit shall be distributed in accordance with the terms of this Agreement or otherwise applied to the Purchase Price.
3.3 Disbursement of Seller’s Net Proceeds. At the Closing Date, the net proceeds (as determined by the Seller’s 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. FUNDS AND DOCUMENTS REQUIRED FROM BUYER AND SELLER.
4.1 Seller. Seller agrees that on or before 12:00 noon at least one (1) business day prior to 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:
i. Executed and acknowledged Grant Deed.
ii. Executed and acknowledged HCD Covenant.
iii. A Non-Foreign Affidavit as required by federal law. iv. 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.
4.2 Buyer. Buyer agrees that on or before at least one (1) business day prior to 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:
i. Executed copy of the Acceptance executed by Buyer to be attached to the Grant Deed prior to recordation.
ii. Executed and acknowledged HCD Covenant.
iii. A Preliminary Change of Ownership Statement completed in the manner required in Sutter County (“PCOR”).
iv. 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, Filing, Completion and Distribution of Document. Escrow Holder shall confirm that any documents signed in counterpart are matching documents and shall combine the signature pages thereof so as to create fully executed documents. Escrow Holder will cause the Grant Deed (with the executed Acceptance attached) followed by the HCD Covenant (to be recorded in that specific order) in the official records of the county recorder of the Sutter of County, State of California (“Official Records”) so it can issue the Title Policy in
{01809467 v.6} 01248.0012 2012524.5 4
accordance with Section 6.2 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 pursuant to the terms hereof. Promptly following Close of Escrow, Escrow Holder shall distribute Escrow Holder's final closing statement and conformed copies of all recorded documents to the parties.
5. CLOSING DATE; TIME IS OF ESSENCE.
5.1 Closing Date. Escrow shall close within seven (7) business days after Buyer has provided the Buyer's Due Diligence Approval Notice by the Outside Due Diligence Date (pursuant to Section 7), but, in no event, later than ninety (90) 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 Official Records.
5.2 Possession. Upon the Close of Escrow, Seller shall deliver exclusive possession and occupancy of the Property 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 under this Agreement.
5.4 Executive Director’s Authority. Seller by its execution of this Agreement hereby agrees that its Executive Director or designee (who has been designated by Executive Director’s written notice delivered to Buyer and Escrow Holder) shall, in Executive Director’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 Executive Director or their designee shall be binding on Seller. (ii) make minor modifications to this Agreement in order to fulfill the direction of the Successor Agency Board, provided that such minor modifications are approved by the Agency’s legal counsel.
6. TITLE POLICY.
6.1 Approval of Title.
Promptly following execution of this Agreement but in no event later than five (5) business days following Opening of Escrow, a preliminary title report shall be issued by First American Title Company (“Title Company”), describing the state of title for the Property, together with copies of all exceptions listed therein and a map plotting all easements specified therein (“Preliminary Title Report”). Within thirty (30) days after the Opening of Escrow (“Buyer’s Title Review Period”), Buyer shall notify Seller in writing (“Buyer's Title Notice”) of Buyer's approval or disapproval of any matters contained in the Preliminary Title Report (“Disapproved Exceptions”).
In the event Buyer delivers Buyer’s Title Notice within said period specifying any Disapproved Exceptions, Seller shall have a period of ten (10) 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
{01809467 v.6} 01248.0012 2012524.5 5
remove the Disapproved Exceptions, fails to timely respond to Buyer's Title Notice, 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 Exceptions. Buyer shall exercise such election by delivery of written notice to Seller and Escrow Holder within ten (10) days following the earlier of: (i) the date of written advice from Seller that such Disapproved Exceptions cannot be removed; or (ii) the date Seller declines or is deemed to decline to remove such Disapproved Exceptions.
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.
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 similar monetary encumbrances affecting the Property, and Seller shall discharge any such non-permitted title matter of record prior to or concurrently with the Close of Escrow.
Notwithstanding the foregoing, Buyer accepts any exceptions related to the (i) covenants in the Grant Deed; (ii) the HCD Covenant; and (iii) any exceptions resulting from Buyer’s entry onto the Property pursuant to Section 7.
6.2 Title Policy. At the Close of Escrow, Escrow Holder shall furnish Buyer with an ALTA standard (non-extended) owner's policy of title insurance insuring title to the Property vested in Buyer in the amount of the Purchase Price, containing only (i) exceptions approved or waived by Buyer in accordance with Section 6.1; (ii) the covenant in the Grant Deed; (iii) the HCD Covenant; and (iv) any exceptions resulting from Buyer’s entry onto the Property pursuant to Section 7 (“Title Policy”). The cost of the Title Policy shall be paid by Seller, but Buyer shall be obligated pay for any endorsements or any extended coverage. If Buyer desires to obtain an ALTA extended coverage owner’s title policy, Buyer shall deliver an ALTA survey, at Buyer’s cost, to Title Company at least ten (10) days prior to the Closing Date and Buyer shall pay the additional cost for the extended coverage.
7. DUE DILIGENCE.
7.1 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. Buyer shall execute the acknowledgement statement that accompanies the NHD Report and deliver a copy to Escrow and Seller.
7.2 Documents and Materials. Within five (5) days following the Opening of Escrow, Seller shall deliver to Buyer copies of any engineering reports and drawings, soils reports, geotechnical studies, site history investigations, copies of all lease, copies of all contracts, copies of all correspondence with tenants and any governmental or quasi-governmental agency and all other documents, studies and materials related to physical condition of the , toxics reports and Phase 1 environmental studies, agreements, and any other materials and documents related to the physical condition of the Property which are in Seller’s possession and control (collectively, "Documents”). Seller makes no representation regarding the existence of any Documents nor the adequacy or accuracy of any of the Documents. The Documents are intended to be a starting
{01809467 v.6} 01248.0012 2012524.5 6
point for Buyer to begin its own independent investigation of the Property and not an analysis of or representation as to the physical, economic, land use or other issues or matters involved in the development of the Property. Seller has not attempted to update the Documents, and no one is entitled to rely on the information contained therein, except as otherwise provided in this Agreement. Buyer, as a part of its due diligence, shall make an independent determination as to the reliability and completeness of the information contained in the Documents
7.5 Due Diligence. For a period of up to sixty (60) days following the Opening of Escrow ("Due Diligence Period"), Buyer shall have the right to review and inspect the Documents and the Property and conduct such tests as reasonably determined by Buyer. Buyer shall make reasonable efforts to expediate any and all investigations provided the same does not involve additional out-of-pocket cost to Seller.
7.6 Approval of Due Diligence Matters. Prior to expiration of the Due Diligence Period (“Due Diligence Expiration Date”), Buyer shall, in its sole and absolute discretion, notify Seller in writing (with a copy to Escrow Holder) of (i) its approval of the due diligence matters (excluding title matters which are to be approved or disapproved pursuant to Section 6), and (ii) its election not to terminate this Agreement and Escrow (“Buyer’s Due Diligence Approval Notice”). Notwithstanding any contrary provision herein, if Buyer does not deliver Buyer’s Due Diligence Approval Notice in the time and manner specified above, Buyer shall conclusively be deemed to have disapproved due diligence matters, this Agreement shall terminate, and Escrow Holder shall immediately refund the Deposit to Buyer with no further instructions from Buyer or Seller. Upon written request by Buyer, Seller may, in its discretion, agree in writing to extend the Due Diligence Expiration Date.
7.7 Right to Enter the Property. Commencing upon Opening of Escrow, Seller grants Buyer, its agents, and employees a limited license to enter upon the Property for the purpose of conducting engineering surveys, soil tests, investigations, or other studies as determined by Buyer, in Buyer’s sole and absolute discretion, to evaluate the condition of the Property, which studies, surveys, reports, investigations, and tests shall be done at Buyer’s sole cost and expense. The Property is not fenced or otherwise restricted as to access, and notwithstanding the foregoing, Seller shall not prohibit or object to Buyer’s or Buyer’s agents’ access to the Property, provided Buyer and its agents have complied with the insurance requirements set forth herein. If Seller prevents or unreasonably delays Buyer’s or Buyer’s agents’ or employees’ access to the Property to inspect the Property at a day and time requested by Buyer shall be a material breach of this Agreement.
Prior to entry onto the Property, Buyer shall (i) notify Seller the date and purpose of each intended entry together with the names and affiliations of the persons entering the Property; (ii) conduct all studies in a diligent, expeditious and safe manner and not allow any dangerous or hazardous conditions to occur on the Property during or after such investigation; (iii) comply with all applicable laws and governmental regulations; (iv) allow an employee of Seller to be present at Seller’s election, provided, however, Buyer shall have no obligation to unreasonably delay its scheduled entry onto the Property to accommodate Seller so that Seller’s agent or employee may be present during such Buyer’s entry; (v) keep the Property free and clear of all materialmen’s liens, lis pendens and other liens arising out of the entry and work performed under this provision; (vi) maintain or assure maintenance of workers’ compensation insurance (or state approved selfinsurance) on all persons entering the Property in the amounts required by the State of California; (vii) provide to Seller prior to initial entry a certificate of insurance evidencing that Buyer has procured and paid premiums for an all-risk public liability insurance policy written on a per occurrence and not claims made basis in a combined single limit of not less than TWO MILLION
{01809467 v.6} 01248.0012 2012524.5 7
DOLLARS ($2,000,000) which insurance names Seller as additional insured; (vii) return the Property to substantially its original condition following Buyer’s entry; (viii) provide Seller copies of all studies, surveys, reports, investigations and other tests derived from any with the right to subsequently use same; (collectively “Reports”); and (ix) to take the Property at closing subject to any title exceptions exclusively caused by Buyer exercising this right to enter.
With respect to insurance certificate as specified above, Buyer may, at its option, use a program of self-insurance or cause the insurance required to be carried hereunder to be issued by a duly licensed captive insurance company owned by or under common ownership or control with Buyer (the “Captive Insurer”) rather than a third party insurer, if and so long as the Captive Insurer complies with applicable regulatory requirements of and is in good standing with the state in which it is domiciled. If the Captive Insurer fails to comply with applicable regulatory requirements and maintain such good standing with the state in which it is domiciled, Buyer shall promptly procure the insurance coverages required in this Agreement in a manner otherwise permissible herein until the Captive Insurer complies with applicable regulatory requirements of and is in good standing with the state in which it is domiciled. With respect to (and only to the extent of) any insurance issued by the Captive Insurer or otherwise through a self-insurance program, any requirement pertaining to a rating or admission of the insurance company shall not apply and the insured Buyer shall not be required to name any person or entity (including, without limitation, Seller) as an additional insured or loss payee as long as the Captive Insurer or selfinsurance program provides a certificate of insurance evidencing the insured Buyer’s coverage in accordance with the requirements of this section and that: (A) includes wording that the Captive Insurer or self-insurance program will respond to the indemnification and hold-harmless provisions of this Agreement, and defend Seller, subject to the insurance policy terms, limitations, and exclusions; and (B) provides the same insurance protection that would be provided to Seller if the insurance was provided by a third party insurer with coverage satisfying all of the requirements of this Agreement (except the additional insured requirement).
Buyer agrees to indemnify and hold Seller free and harmless from and against any and all losses, damages (whether general, punitive or otherwise), liabilities, claims, causes of action (whether legal, equitable, or administrative), judgments, court costs, and legal or other expenses (including reasonable attorneys’ fees) which Seller may suffer or incur as a consequence of Buyer’s exercise of the license granted pursuant to this Section or any act or omission by Buyer, any contractor, subcontractor or material supplier, engineer, architect, or other person or entity acting by or under Buyer (except Seller and its agents or employees) with respect to the Property, excepting any and all losses, damages (whether general, punitive, or otherwise, except consequential damages), liabilities, claims, causes of action (whether legal, equitable or administrative), judgments, court costs, and legal or other expenses (including reasonable attorneys’ fees) arising from the mere discovery by Buyer of any hazardous materials or conditions and excepting to the extent such claims arise out of the negligence or misconduct of Seller. Buyer’s obligations under this Section are independent of any insurance and shall survive termination of this Agreement for any reason.
The parties agree that breach of any Property entry or restoration conditions in this Section shall constitute a material breach of this Agreement.
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”):
{01809467 v.6} 01248.0012 2012524.5 8
i. Title Company will issue the Title Policy as specified in Section 6.2. ii. Seller has executed and delivered all the documents specified in Section 4.1 to Escrow Holder.
iii. Escrow Holder holds and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement.
iv. Buyer has issued the Buyer’s Due Diligence Approval Notice pursuant to Section 7. v. Seller is not in material default of its obligations under this Agreement. vi. After the Due Diligence period, there shall have occurred no material adverse change in the condition of the Property.
vii. Each and every one of Seller’s limited representations and warranties contained in this Agreement shall be true and correct in every material respect as further described and set forth in Section 9.
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:
i. Buyer has delivered the balance of the Purchase Price to Escrow Holder. ii. Buyer has executed and delivered all documents specified in Section 4.2 to Escrow Holder.
iii. Buyer has issued Buyer’s Due Diligence Approval Notice pursuant to Section 7. iv. Title Company will issue the Title Policy as specified in Section 6.2. v. Escrow Holder holds and will deliver to Seller the instruments and funds accruing to Seller pursuant to this Agreement.
vi. Buyer is not in material default of its obligations under this Agreement.
8.3 Failure of Conditions. If any condition set forth in this Article 8 is not satisfied, or waived in writing by Buyer or Seller, as applicable, at or prior to the times prescribed therein, for a reason other than the default of Buyer or Seller, as applicable, then the applicable benefited party shall have the option, exercisable by written notice to the other party on or prior to the date of Closing, to terminate this Agreement, in which event all rights, obligations and liabilities of Seller and Buyer under and pursuant to this Agreement shall terminate except for any such rights, obligations and liabilities which expressly survive the termination of this Agreement, and the parties shall mutually execute such documents as Escrow Holder may require to cancel and terminate this Escrow, return the Deposit to Buyer (less applicable cancellation charges) and return any other funds or documents to the party depositing same.
9. LIMITED REPRESENTATIONS AND WARRANTIES
9.1 Limited Representations. 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 Opening of Escrow and shall be true in all material respects on the
{01809467 v.6} 01248.0012 2012524.5 9
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 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 in violation of any federal, state, or local law, ordinance or regulation relating to the environmental conditions on, under or about the Property including, but not limited to, soil and ground water conditions.
d. 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.
e. 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. f. No construction or repair work has been done on the Property within the six (6) months prior to the Opening of Escrow.
g. 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.
h. Seller is a public agency and the Property is not subject to general or special real property taxes or assessments.
9.2 Seller Covenant. Prior to 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.
9.3 Right to Cancel. 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. LIQUIDATED DAMAGES. IF BUYER SHOULD DEFAULT UNDER THIS AGREEMENT,
THEN BUYER AND SELLER AGREE THAT SELLER WILL INCUR DAMAGES BY REASON
OF SUCH DEFAULT BY BUYER OR FAILURE OF ESCROW TO CLOSE ON OR BEFORE
THE CLOSING DATE, WHICH DAMAGES SHALL BE IMPRACTICAL AND EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO ASCERTAIN. BUYER AND SELLER, IN A
REASONABLE EFFORT TO ASCERTAIN WHAT SELLER'S DAMAGES WOULD BE IN THE
{01809467 v.6} 01248.0012 2012524.5 10
EVENT OF SUCH DEFAULT BY BUYER HAVE AGREED BY PLACING THEIR INITIALS
BELOW THAT THE DEPOSIT SHALL BE DEEMED TO CONSTITUTE A REASONABLE ESTIMATE OF SELLER'S DAMAGES UNDER THE PROVISIONS OF SECTION 1671 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. IN THE EVENT OF AND FOR SUCH DEFAULT
BY BUYER, THE DEPOSIT SHALL BE SELLER'S SOLE MONETARY REMEDY THEREFOR,
UNLESS BUYER WRONGFULLY REFUSES TO CAUSE ESCROW HOLDER TO CANCEL
THE ESCROW, IN WHICH INSTANCE SELLER SHALL ALSO BE ENTITLED TO ALL
ACTUAL THIRD-PARTY COSTS AND EXPENSES, INCLUDING REASONABLE
ATTORNEYS' FEES INCURRED BY SELLER WHICH MAY RESULT FROM BUYER'S WRONGFUL FAILURE TO CANCEL THE ESCROW AND THIS AGREEMENT. THE FOREGOING LIMITATION OF DAMAGES SHALL NOT APPLY TO BUYER’S INDEMNITY
OBLIGATIONS NOR THE OBLIGATIONS OF BUYER TO DELIVER THE DOCUMENTS PURSUANT TO SECTION 7.5.
___________________
Seller’s Initials
___________________
Buyer’s Initials
11. CONDITION OF THE PROPERTY.
11.1 Disclaimer of Warranties. Upon the Close of Escrow, Buyer shall acquire the Property in its “AS-IS” condition without any representations and warranties, except as otherwise stated herein, and Buyer shall be responsible for any defects in the Property, whether patent or latent, including, without limitation, the physical, environmental, and geotechnical condition of the Property, and the existence of any contamination, Hazardous Materials, vaults, debris, pipelines, or other structures located on, under or about the Property, and Seller makes no other representation or warranty concerning the physical, environmental, geotechnical, or other condition of the Property, and Seller specifically disclaims all representations or warranties of any nature concerning the Property made by it, except as otherwise stated herein. The foregoing disclaimer includes, without limitation, topography, climate, air, water rights, utilities, soil, subsoil, existence of Hazardous Materials, or similar substances, the purpose for which the Property is suited, or drainage.
11.2 Hazardous Materials. Buyer understands and agrees that, in the event Buyer incurs any loss or liability concerning Hazardous Materials (as hereinafter defined) and/or underground storage tanks whether attributable to events occurring prior to or following the Closing, then Buyer may look to current or prior owners of the Property, but in no event shall Buyer look to Seller for any liability or indemnification regarding Hazardous Materials and/or underground storage tanks. Buyer, from and after the Closing, hereby waives, releases, remises, acquits and forever discharges Seller, and each of the entities constituting Seller, if any, of and from any and all Environmental Claims, Environmental Cleanup Liability and Environmental Compliance Costs, as those terms are defined below, and from any and all actions, suits, legal or administrative orders or proceedings, demands, actual damages, punitive damages, loss, costs, liabilities and expenses, which concern or in any way relate to the physical or environmental conditions of the Property, the existence of any Hazardous Material thereon, or the release or threatened release of Hazardous Materials there from, whether existing prior to, at or after the Closing. It is the intention of the parties pursuant to this release that, except as otherwise stated herein, any and all responsibilities and obligations of Seller, and any and all rights, claims, rights of action, causes of action, demands or legal rights of any kind of Buyer, its successors, assigns or any affiliated entity of Buyer, against the Seller, arising by virtue of the physical or environmental condition of the Property, the existence of any Hazardous Materials thereon, or
{01809467 v.6} 01248.0012 2012524.5 11
any release or threatened release of Hazardous Material there from, whether existing prior to, at or after the Closing, are by this release provision declared null and void and of no present or future force and effect as to the parties; provided, however, that no parties other than the Indemnified Parties (defined below) shall be deemed third party beneficiaries of such release.
In connection therewith, Buyer and each of the entities constituting Buyer, expressly agree to waive any and all rights which said party may have with respect to such released claims under Section 1542 of the California Civil Code which provides as follows:
“A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with debtor or releasing party.”
Buyer Initials___________ Seller Initials __________
Buyer and each of the entities constituting Buyer, shall, from and after the Closing, defend, indemnify and hold harmless Seller and each of the entities constituting Seller (collectively, the “Indemnified Parties”) from and against any and all Environmental Claims, Environmental Cleanup Liability, Environmental Compliance Costs, and any other claims, actions, suits, legal or administrative orders or proceedings, demands or other liabilities resulting at any time from the physical and/or environmental conditions of the Property whether before or after the Closing or from the existence of any Hazardous Materials or the release or threatened release of any Hazardous Materials of any kind whatsoever, in, on or under the Property occurring at any time whether before or after the Closing, including, but not limited to, all foreseeable and unforeseeable damages, fees, costs, losses, and expenses, including any and reasonable attorneys’ fees and environmental consultant fees and investigation costs and expenses, directly or indirectly arising there from, and including fines and penalties of any nature whatsoever, assessed, levied, or asserted against any Indemnified Parties to the extent that the fines and/or penalties are the result of a violation or an alleged violation of any Environmental Law.
For purposes of this Agreement, the following terms shall have the following meanings:
“Environmental Claim” means any claim for personal injury, death and/or property damage made, asserted, or prosecuted by or on behalf of any third party, including, without limitation, any governmental entity, relating to the Property or its operations and arising or alleged to arise under any Environmental Law.
“Environmental Cleanup Liability” means any cost or expense of any nature whatsoever incurred to contain, remove, remedy, clean up, or abate any contamination or any Hazardous Materials on or under all or any part of the Property, including the ground water hereunder, including, without limitation, (i) any direct costs or expenses for investigation, study, assessment, legal representation, cost recovery by governmental agencies, or ongoing monitoring in connection therewith and (ii) any cost, expense, loss, or damage incurred with respect to the Property or its operation as a result of actions or measures necessary to implement or effectuate any such containment, removal, remediation, treatment, cleanup, or abatement. “Environmental Compliance Cost” means any cost or expense of any nature whatsoever necessary to enable the Property to comply with all applicable Environmental Laws in effect. “Environmental Compliance Cost” shall include all costs necessary to demonstrate that the Property is capable of such compliance.
{01809467 v.6} 01248.0012 2012524.5 12
“Environmental Law” means any federal, state, or local statute, ordinance, rule, regulation, order, consent decree, judgment, or common-law doctrine, and provisions and conditions of permits, licenses, and other operating authorizations relating to (i) pollution or protection of the environment, including natural resources, (ii) exposure of persons, including employees, to Hazardous Materials or other products, raw materials, chemicals, or other substances, (iii) protection of the public health or welfare from the effects of by-products, wastes, emissions, discharges, or releases of chemical sub-stances from industrial or commercial activities, or (iv) regulation of the manufacture, use, or introduction into commerce of chemical substances, including, without limitation, their manufacture, formulation, labeling, distribution, transportation, handling, storage, and disposal.
“Hazardous Material” is defined to include any hazardous or toxic substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government. The term “Hazardous Material” includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code; (iii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code; (iv) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Sections 25501(o) and (p) and 25501.1 of the California Health and Safety Code (Hazardous Materials Release Response Plans and Inventory); (v) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code (Underground Storage of Hazardous Substances); (vi) “used oil” as defined under Section 25250.1 of the California Health and Safety Code; (vii) asbestos; (viii) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 1 of Title 22 of the California Code of Regulations, Division 4, Chapter 30; (ix) defined as “waste” or a “hazardous substance” pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (x) designated as a “toxic pollutant” pursuant to the Federal Water Pollution Control Act, 33 U.S.C. §1317; (xi) defined as a “hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq. (42 U.S.C. §6903); (xii) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601, et seq. (42 U.S.C. §9601); (xiii) defined as “Hazardous Material” or a “Hazardous Substance” pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; or (xiv) defined as such or regulated by any “Superfund” or “Superlien” law, or any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials, oil wells, underground storage tanks, and/or pipelines, as now, or at any time hereafter, in effect.
Notwithstanding any other provision of this Agreement, Buyer’s release and indemnification as set forth in the provisions of this Section, as well as all other provisions of this Section, shall survive the termination of this Agreement and shall continue in perpetuity.
12. ESCROW PROVISIONS.
12.1 Escrow Instructions. Sections 1 through 6, inclusive, 8, 12, 14 & 15 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
{01809467 v.6} 01248.0012 2012524.5 13
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.
12.2 General Escrow Provisions. Escrow Holder shall deliver the Title Policy to Buyer and instruct the county recorder of the County of Sutter to mail the Grant Deed to Buyer at the address set forth in Section 14 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 the State of California, and may be disbursed to any other general escrow account or accounts. All disbursements shall be according to that party’s instructions.
12.3 Utilities. Buyer and Seller shall cause any 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 proration shall reimburse the other party said amount within thirty (30) days after completion of the final proration
12.4 Proration of Real Property Taxes. As a public agency, Seller is not subject to real property taxes. According, Buyer shall take the Property subject to all taxes accruing from and after the Closing.
12.5 Payment of Costs.
a. Cost Allocation. Seller shall pay the costs for the Title Policy (non-extended ALTA owner’s policy), the cost of the NHD report, documentary transfer taxes, one-half (1/2) of the escrow costs and any recording fee applicable to the Covenant Agreement (although there should be no recording fees for the Covenant Agreement) (“Seller’s Charges”). Buyer shall pay the cost of any additional endorsements to the Title Policy requested by Buyer or for any ALTA extended coverage owner’s policy (as provided in Section 6.1), and one-half (1/2) of the escrow fees and recording fees for the Grant Deed, and any charges incurred by Buyer’s acts (“Buyer’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 each party.
12.6 Termination and Cancellation of Escrow. If Escrow fails to close due to a failure of a condition precedent, then the party in whose favor the condition precedent runs may elect to cancel this Escrow upon written notice to the other party and Escrow Holder. Upon cancellation, Escrow Holder is instructed to return (i) the funds in accordance with the foregoing provisions of
{01809467 v.6} 01248.0012 2012524.5 14
this Agreement, and (ii) all 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.
12.7 Information Report. Escrow Holder shall file and Buyer and Seller agree to cooperate with Escrow Holder and with each other (so long as neither incurs any out-of-pocket costs) in completing any report (“Information Report”) and/or other information required to be delivered to the Internal Revenue Service pursuant to Internal Revenue Code Section 6045I 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 6045I, 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.
12.8 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 Section 1445 or an out-of-state seller under California Revenue and Tax Code Section 18805 and that it will deliver to Buyer on or before the Close of 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.
12.9 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.
13. INTENTIONALLY DELETED.
14. 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 as Successor Agency
1201 Civic Center Boulevard
Yuba City, CA 95993
Attn: Robert Bendorf, Interim Executive Director
With a Copy to: Aleshire & Wynder, LLP
2440 Tulare Street Suite 410
Fresno, CA 93721
{01809467 v.6} 01248.0012 2012524.5 15
Attn: Shannon Chaffin, Agency Counsel
To Buyer: Sutter Valley Medical Foundation
c/o Sutter Health Facility & Property Services
Attn: Director of Real Estate
2200 River Plaza Drive, Floor 2
Sacramento, CA 95833
With a copy to:
Without obligation a
courtesy copy is
requested to:
Sutter Health Office of General Counsel
Attn: Cindy Condos, Esq.
2200 River Plaza Drive, Floor 3
Sacramento, CA 95833
[email protected]
To Escrow Holder: First American Title Company
1 Parkcenter Drive, Suite 120
Sacramento, CA 95825
Attn: Lesley Kaufman, Escrow Officer
Email: [email protected]
15. 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.
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. Notwithstanding the foregoing, Buyer shall have the right to assign its interests under this Agreement, with notice, but without Seller's consent: (1) to any entity controlled by, or under common control with, Buyer or any principal of Buyer; or (2) in connection with a merger, reorganization, transfer, sale of assets, or change of control or ownership of Buyer. Buyer shall provide evidence to Seller confirming the assignee complies with the foregoing requirements. Any such assignment shall be in a form reasonably acceptable to Seller which shall provide that assignee assumes all obligations under this Agreement and that assignor is not released from liability under this Agreement.
15.1 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.
15.2 Interpretation; Governing Law; Venue. 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
{01809467 v.6} 01248.0012 2012524.5 16
whenever the context so dictates. The venue for any dispute shall be County of Sutter.
15.3 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.
15.4 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
15.5 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.
15.6 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.
15.7 Construction. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, no uncertainty or ambiguity shall be construed or resolved against a party under any rule of construction, including the party primarily responsible for the drafting and preparation of this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. 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.
15.8 Qualification and Authority. Each individual executing this Agreement on behalf of Buyer represents, warrants, and covenants to the Seller that (a) such person is duly authorized to execute and deliver this Agreement on behalf of Buyer in accordance with authority granted under the organizational documents of such entity, and (b) Buyer is bound under the terms of this Agreement.
15.9 No Third Party Beneficiaries. This Agreement is only between the parties, and is not intended to be nor shall it be construed as being for the benefit of any third party.
15.10 Calculation of Time Periods; Business Days. If any date for performance under this Agreement falls on a day that is not a Business Day, then the date of performance shall be the next day which is a Business Day, and the next time period shall be calculated from and after the date of such actual date for performance. "Business Day" shall mean any day which is not any one or more of the following: (a) a Saturday, Sunday, national or state holiday, (b) a day on which Escrow Holder is not open for business, or (c) a day on which the Office of the County Recorder of Sutter County is closed or otherwise not accepting documents for recording. Where a time for performance is set forth herein, the applicable time zone shall be the time zone in the County in which the Purchase Property is located.
{01809467 v.6} 01248.0012 2012524.5 17
15.11 Execution in Counterparts. This Agreement may be executed in several 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
15.12 Electronic Execution. This Agreement may be electronically executed by the Parties in accordance with UETA and ESIGN using qualified third party service providers such as AdobeSign and DocuSign. The parties understand that any documents to be recorded in the Official Records must be executed in ink and cannot be electronically executed.
15.13 Exhibits. Exhibits A, B, and C attached hereto are incorporated herein by reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
REMINDER TO PARTIES: Sections 10 and 11.2 must be initialed by both parties.
BUYER: SELLER:
SUTTER VALLEY MEDICAL FOUNDATION,
a California nonprofit public benefit
corporation, dba Sutter Medical Foundation
By: ____
Rachael McKinney,
President, Sacramento Division
Dated: ________________, 2025
CITY OF YUBA CITY AS SUCCESSOR
AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF YUBA CITY, a
public agency
By: _______________________________
Robert Bendorf, Interim Executive Director
Dated: _________________, 2025
ATTEST:
__________________________________
Ciara Wakefield, Agency Secretary
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: ___________________________
Shannon Chaffin, Agency Counsel
{01809467 v.6} 01248.0012 2012524.5 18
JOINDER AND ACCEPTANCE BY ESCROW HOLDER
The undersigned Escrow Holder hereby acknowledges that on ________________, 2025, which, pursuant to Section 2.2 of this Agreement, the “Opening of Escrow," the undersigned received a fully executed duplicate original (with the Sections 10 and 11.2 separately initialed) of the foregoing Agreement of Purchase and Sale and Joint Escrow Instructions by and between Sutter Valley Medical Foundation, dba Sutter Medical Foundation, as “Buyer”, and the City of Yuba City as Successor Agency to the Redevelopment Agency of the City of Yuba City, as “Seller” together with the Deposit (as defined in Section 3.2.a. Subject to Escrow Holder's receipt of any supplemental escrow instructions as reasonably required, Escrow Holder agrees to act as the Escrow Holder under this Agreement, and to comply with the Escrow Instructions set forth in Section 12. Escrow Holder has assigned Escrow No. _______________ to this transaction for that purpose.
FIRST AMERICAN TITLE INSURANCE
BY: _________________________
Lesley Kaufman, Escrow Officer
DATE: _____________, 2025
{01809467 v.6} 1
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
That certain real property in the City of Yuba City, County of Sutter, State of California legally described as follows:
{01809467 v.6} 01248.0012 2012524.5 1
EXHIBIT B
GRANT DEED
Recording requested by and
When Recorded Return to:
Sutter Valley Medical Foundation,
c/o Sutter Health Facility &
Property Services
PO Box 619051
Roseville, CA 95661
GRANT DEED
(with Option to Repurchase)
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, CITY OF YUBA CITY AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF CITY OF YUBA CITY, a public agency (“Grantor”), hereby grants to SUTTER VALLEY MEDICAL FOUNDATION, a California nonprofit public benefit corporation, dba Sutter Medical Foundation (“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”).
Grantee acknowledges that Grantor sold the Property to Grantee for development and not for speculation in undeveloped land. As material consideration for this conveyance, Grantee covenants for itself and any successors in interest for the benefit of Grantor and the City of Yuba City (“City”), as follows:
1. Development Covenant.
1.1. Covenant. Upon recordation of this Grant Deed in the official records of the county recorder (“Official Records”) of the County of Sutter, State of California (“Recordation Date”), Grantee covenants to promptly commence and diligently process all applicable governmental approvals to commence construction of a medical facility or medical office building on the Property (“Medical Building”).
In addition to the Medical Building, the project will include the following components (“Project”):
• Continuation of the existing sidewalk and landscape design from the adjacent properties.
• Pedestrian and vehicle emergency access to adjacent office building and surgical hospital, in existence as of the date hereof.
APN 052-380-025 (Space Above This Line for Recorder’s Office Use Only) THE UNDERSIGNED GRANTOR DECLARES that the
documentary transfer tax (computer on full value) is
$709.50.
{01809467 v.6} 01248.0012 2012524.5 2
• New landscaping and irrigation substantially consistent with the adjacent office building and surgical hospital.
• Parking as required by City’s municipal code.
1.2. Compliance Date. Within four (4) years from the Recordation Date (“Deadline Date”), Grantee shall commence the construction of the Medical Building consistent with the applicable governmental approvals. Prior to the Deadline Date, Grantee may request an extension of the Deadline Date in writing and Grantee’s executive director shall have the authority (but not the obligation) to grant an extension of the Deadline Date by a maximum of six (6) months. The Medical Building will be deemed completed upon issuance of a certificate of occupancy by the City.
1.3. Termination. If Grantee reasonably believes that the covenants under Sections
1.1 and 1.2 have been satisfied (as evidenced by the issuance of a Certificate of Occupancy by City), Grantee may send a written notice requesting Grantor to confirm such compliance by execution of an appropriate document concurrently submitted with the notice which document shall be recorded in the Official Records of the County of Sutter. Without charge to Grantee, Grantor shall review and promptly execute, acknowledge, and return an original copy of the same to Grantee or otherwise specify in reasonable detail in writing what remains to be completed. Without limiting the foregoing, Grantor and Grantee hereby expressly agree that the issuance of a certificate of occupancy by City with respect to the Medical Building shall be deemed to terminate the covenants set forth in Sections 1.1 and 1.2 hereof.
1.4. City as Separate Legal Entity from Grantor. City is a separate legal entity from Grantor. Grantor has no authority to bind City in any discretionary matter, including, but not limited to, any land use or planning entitlements or the approvals required for the Project. Grantee acknowledges that the terms of the Covenants in this Section 1 do not pre-approve any land use or planning entitlements or approvals Grantee may be required to obtain from City for the Project or any other purpose.
1.5. Obligations Run With the Land. Grantee’s obligations in this Section 1 constitute covenants, equitable servitudes, restrictions, and easements in gross in favor of Grantor and City which, without regard to technical classification and designation, run with the land and shall be binding on the Grantee and all successors.
1.6. Discretion Retained by City. Grantee understands and agrees that this Grant Deed does not constitute any project approval or other approval by City and in no way limits the discretion of City in the environmental review or the permit and approval process in connection with development, construction, or operation of the project or otherwise commit City’s discretionary powers in any particular manner including, but not limited to, issuing entitlements. Nothing in this Grant Deed shall in any way limit the discretion of City in acting in its lawful regulatory
{01809467 v.6} 01248.0012 2012524.5 3
capacity, and no action or inaction by City acting in its lawful regulatory capacity shall be a breach or default under this Grant Deed under any legal theory.
Without limiting the preceding sentence, and notwithstanding the title of this Grant Deed or that City is a beneficiary of covenant in this Grant Deed, neither this Grant Deed nor any provision thereof shall be deemed under any circumstance to render the covenant in this Grant Deed or to constitute a development agreement as set forth in California Government Code Sections 65864 et seq.
2. REPURCHASE OPTION. If Grantee is in default of its obligations under Section 1 prior to termination of Section 1 as provided in Section 1.3, Grantor shall have the option to repurchase the Property (“Option”) from Grantee for the original purchase price (“Purchase Price”) paid by Grantee to the Grantor, provided Grantor provides Grantee with written notice of the Option in accordance with the terms herein. Grantor’s right to exercise the Option shall terminate within one (1) year of the expiration of the Deadline Date as may have been extended. Upon exercise of the Option, the parties shall cooperate with executing documents to reflect the repurchase and opening escrow to facilitate the transfer of the Property to Grantor for the Purchase Price with other commercially reasonable standard terms including an ALTA non extended owner’s title policy (without showing any mechanic liens or trust deeds) to be issued to Grantor, costs allocated as is custom in the County of Sutter and the delivery of possession of the Property to Grantor at closing free of any claims or rights of possession.
3. COVENANT OF NON-DISCRIMINATION. Grantee agrees to refrain from restricting the rental, sale, or lease of any portion of the Property on the basis of race, color, creed, religion, sex, marital status, age, ancestry, or national origin of any person.
All such deeds, leases, or contracts shall be subject to such nondiscrimination or nonsegregation covenant. This covenant shall remain in effect in perpetuity.
4. NOTICE. All notices shall be in writing and delivered personally, by overnight air courier service, by facsimile transmission or email, or by U.S. certified or registered mail, return receipt requested, postage prepaid, to the parties at their respective addresses set forth below, and the same shall be effective upon receipt if delivered personally, one (1) business day after depositing with an overnight air courier, or three (3) business days after depositing in the mail immediately:
To Grantor & City: City of Yuba City as Successor Agency 1201 Civic Center Boulevard
Yuba City, CA 95993
Attn: Robert Bendorf, Interim Executive Director
With a Copy to: Aleshire & Wynder, LLP
2440 Tulare Street Suite 410
Fresno, CA 93721
Attn: Shannon Chaffin, Agency Counsel
To Grantee: Sutter Valley Medical Foundation
{01809467 v.6} 01248.0012 2012524.5 4
c/o Sutter Health Facility & Property Services
Attn: Director, Real Estate
2300 River Plaza Drive
Sacramento, CA 95833
With a copy to: Sutter Health Legal and Risk Services Department Attn: Cindy Condos, Esq.
2200 River Plaza Drive, Floor 3
Sacramento, CA 95833
Email: [email protected]
5. CALIFORNIA LAW. The Covenants contained in this Grant Deed shall be construed in accordance with the laws of the State of California.
6. SEVERABILITY. If any provision of this Grant Deed or portion thereof, or the application to any person or circumstances, shall to any extent be held invalid, inoperative or unenforceable, the remainder of the covenants contained in this Grant Deed, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby.
7. ATTORNEY’S FEES. In the event any action or suit is brought by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Grant Deed, then in that event the prevailing party shall be entitled to have and recover from the other party all costs and expenses of the action or suit, including reasonable attorneys’ fees, expert witness fees, accounting and engineering fees, and any other professional fees resulting therefrom.
IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed on its behalf by its respective officers or agents hereunto as of the date written below.
GRANTOR:
CITY OF YUBA CITY AS SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY OF THE
CITY OF YUBA CITY, a public agency
By: ___________________________
Robert Bendorf, Interim Executive Director
Dated: _________________, 2025
ATTEST:
__________________________________
Ciara Wakefield, Agency Secretary
APPROVED AS TO FORM:
NOT TO BE EXECUTED UNTIL CLOSING
{01809467 v.6} 01248.0012 2012524.5 5
ALESHIRE & WYNDER, LLP
By: ___________________________
Shannon Chaffin, Agency Counsel
{01809467 v.6} 01248.0012 2012524.5 6
ACCEPTANCE BY GRANTEE
By its acceptance of this Grant Deed, Grantee hereby agrees as follows:
1. Grantee expressly understands and agrees that the terms of this Grant Deed shall be deemed to be covenants running with the land and shall apply to all of the Grantee’s successors and assigns.
2. The provisions of this Grant Deed are hereby approved and accepted.
Dated: _______________, 202_
SUTTER VALLEY MEDICAL FOUNDATION,
a California nonprofit public benefit corporation,
dba Sutter Medical Foundation
By: ____
Rachael McKinney,
President, Sacramento Division
{01809467 v.6} 01248.0012 2012524.5 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:
{01809467 v.6} 01248.0012 2012524.5 1
STATE OF CALIFORNIA )
) ss.
COUNTY OF SUTTER )
On _________________, 202_ 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.
{01809467 v.6} 01248.0012 2012524.5 1
STATE OF CALIFORNIA )
) ss.
COUNTY OF ________________ )
On ___________________, 202_ 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.
{01809467 v.6} 01248.0012 2012524.5 2
EXHIBIT C
HCD COVENANT
FREE RECORDING REQUESTED AND
WHEN RECORDED, RETURN TO:
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
Attention: City Clerk
APN: 052-380-025 (Space above This Line for Recorder’s Office Use Only) (Exempt from Recording Fee per Gov. Code § 6103)
COVENANT AGREEMENT
THIS COVENANT AGREEMENT RESTRICTIONS (this “Covenant Agreement”) is made and entered into this _____ day of _____________, 202__, by SUTTER VALLEY MEDICAL FOUNDATION, a California nonprofit public benefit corporation, dba Sutter Medical Foundation (“Owner”), in favor of the CITY OF YUBA CITY AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF YUBA CITY, a public agency (“Successor Agency”). Owner and City are occasionally referred to herein each as a “party” and jointly as the “parties”. Both the Department of Housing and Community Development (“HCD”) and the City of Yuba City (“City”) are third party beneficiaries of this Covenant Agreement.
R E C I T A L S:
A. Owner owns that certain real property located in the City of Yuba City, County of Sutter, State of California, more particularly described in Exhibit A attached hereto and incorporated herein by this reference (“Property”).
B. Owner acquired the Property from the Successor Agency pursuant to that certain Grant Deed recorded immediately prior to this Covenant (“Grant Deed”) in the official records of the county recorder of the County of Sutter, State of California (“Official Records”).
C. In order to sell the Property to Owner for non-residential development, the Successor Agency was required and it attests that it did comply with the provisions of the Surplus Land Act (Government Code Section 54220 et seq) and the applicable regulations (“SLA”).
D. This Covenant Agreement is mandated under the SLA with respect to any future residential development of the Property.
E. Accordingly, Owner, and Successor Agency now desire to place a covenant
{01809467 v.6} 01248.0012 2012524.5 3
regarding any future residential development of the Property.
NOW, THEREFORE, Owner declares, covenants, and agrees, by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through it, that the Property shall be burdened, held, transferred, encumbered, used, sold, conveyed, leased, and occupied, subject to the covenant hereinafter set forth.
1. EFFECTIVE DATE; TERM. This Covenant Agreement shall be effective as of the date it is recorded in the Official Records (“Effective Date”) and continue for a period of Fifty-Five (55) years (“Term”).
2. COVENANT. Nothing herein shall be construed to require the Property to be developed for residential. However, if, at any time during the Term, ten (10) or more residential units are developed on the Property, not less than fifteen percent (15%) 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. Thereafter, rental units shall remain affordable to and occupied by lower income households for a period of fifty-five (55) years for rental housing and forty-five (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 (c) of 65915 of the California Government Code. These requirements are covenants running with the land and shall be enforceable against any owner who violates a covenant 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.
3. COVENANT TO RUN WITH THE LAND. Owner hereby subjects and burdens the Property to the covenant set forth in Section 2. Owner understands that the covenant runs with the land and shall pass to and be binding upon Owner’s successors in title to the Property for the Term. Each and every contract, deed, or other instrument hereafter executed covering or conveying the Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to this Covenant Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument.
5. AMENDMENTS, MODIFICATIONS OR TERMINATION. This Covenant Agreement may not be amended, modified, or terminated except in writing, executed by the Successor Agency (if still in existence), the then owner of the Property, City, and HCD and recorded in the Official Records.
6. MISCELLANEOUS.
6.1. Notices. All notices, demands, requests, elections, approvals, disapprovals, consents or other communications given under this Covenant Agreement shall be in writing and shall be given by personal delivery, certified mail, return
{01809467 v.6} 01248.0012 2012524.5 4
receipt requested, or overnight guaranteed delivery service and addressed as follows:
To Successor
Agency & City:
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
Attention: City Manager
With a Copy to: City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
Attention: City Attorney
To Owner: Sutter Valley Medical Foundation
c/o Sutter Health Facility & Property Services
Attn: Director, Real Estate
2300 River Plaza Drive
Sacramento, CA 95833
With Copy To: Sutter Health Legal and Risk Services Department Attn: Cindy Condos, Esq.
2200 River Plaza Drive, Floor 3
Sacramento, CA 95833
Email: [email protected]
Notices shall be effective upon the earlier of receipt or refusal of delivery. Each party shall promptly notify the other party of any change(s) of address to which notice shall be sent pursuant to this section.
6.2. Governing Law. This Covenant Agreement shall be construed and enforced in accordance with the laws of the State of California and any legal action shall be brought in a court of competent jurisdiction in the County of Sutter.
6.3. Attorney’s Fees. In the event of any litigation or other legal proceeding arising from this Covenant Agreement, the prevailing party will be entitled to recover, in addition to any other relief awarded or granted, its reasonable costs and expenses, including attorney’s fees, incurred in the proceeding.
6.4. Construction. This Covenant Agreement shall be construed according to its fair meaning as if prepared by both parties and in favor of full enforcement.
Headings used in this Covenant Agreement are provided for convenience only.
6.5. No Waiver. The failure to enforce any term, covenant, or condition of this Covenant Agreement shall not be construed as a waiver of the right to enforce this, or any other, term, covenant, or condition of this Covenant Agreement.
{01809467 v.6} 01248.0012 2012524.5 5
6.6. Successor Agency. Upon termination of the Successor Agency, City is the successor of all rights of Successor Agency under this Covenant Agreement.
6.7. Incorporation of Recitals. The Recitals set forth above are hereby incorporated into this Covenant Agreement.
IN WITNESS WHEREOF, the parties have executed this Covenant Agreement as of the dates specified below.
OWNER: CITY:
SUTTER VALLEY MEDICAL
FOUNDATION, a California nonprofit
public benefit corporation, dba Sutter
Medical Foundation
By: ____
Rachael McKinney,
President, Sacramento Division
Dated: ________________, 2025
CITY OF YUBA CITY AS SUCCESSOR
AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF YUBA CITY, a
public agency
By: _______________________________
Robert Bendorf, Interim Executive Director
Dated: _________________, 2025
ATTEST:
__________________________________
Ciara Wakefield, Agency Secretary
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: ___________________________
Shannon Chaffin, Agency Counsel
NOT TO BE EXECUTED UNTIL NOT TO BE EXECUTED UNTIL CLOSING
CLOSING
{01809467 v.6} 01248.0012 2012524.5
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
That certain real property in the City of Yuba City, County of Sutter, State of California legally described as follows:
{01809467 v.6} 01248.0012 2012524.5
STATE OF CALIFORNIA )
) ss.
COUNTY OF ______________ )
On ___________________, 202__ 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.
{01809467 v.6} 01248.0012 2012524.1
STATE OF CALIFORNIA )
) ss.
COUNTY OF ______________ )
On ___________________, 202__ 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.
ATTACHMENT 2
52-380-019
52-380-025
52-380-017
53-194-013
52-401-014
53-220-030
52-401-009
B
C
WILBUR
PLUMAS
PERCY
FRANKLIN
A
MOORE
NIELSON
ELM
DEL MONTE
WOODBRIDGE
PALM
DORMAN
TABER
MORTON
ROWE
JEWELL
WILLOW
SPRUCE
BROOKS
EMERSON
MAIN
CAMPBELL
BOYD
BENNETT
TOWN SQUARE
STEVENS
PERCY
DEL MONTE
C
TABER
1 inch = 300 feet
Legend
City owned parcels
Successor Agency owned parcels
Parcels
VICINITY MAP
Agenda Item 6
CITY OF YUBA CITY
STAFF REPORT
Date: September 16, 2025
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Shannon Sardo, Administrative Analyst
Summary
Subject: 2024 Consolidated Annual Performance and Evaluation Report (CAPER) Recommendation: A. Conduct a Public Hearing to receive comments on the draft 2024 CAPER and after consideration;
B. Adopt a Resolution Approving the 2024 CAPER and authorizing staff to submit all necessary documents to the U.S. Department of Housing and Urban Development (HUD)
Fiscal Impact: No direct fiscal impact would result from approving the 2024 CAPER Purpose:
To solicit public input on the City’s Community Development Block Grant (CDBG) program and approve submission of the 2024 Consolidated Annual Performance and Evaluation Report.
Council’s Strategic Goal:
This item address Council’s goal of infrastructure in that the City receives funding from the federal U.S.
Department of Housing and Urban Development to address housing and community development within the City.
Background:
The Consolidated Annual Performance and Evaluation Report (CAPER) is required of all jurisdictions that receive CDBG entitlement funds from the U.S. Department of Housing and Urban Development (HUD). The purpose of the CAPER is to evaluate the City’s progress in using CDBG funds to meet the housing and community development goals contained in the City’s five-year Consolidated Plan. The City’s grant allocation for the 2024 Program Year (PY) was $567,725. An additional $95,993 was utilized from previous years' unexpended funds. Per HUD guidelines, these funds must be used to further the overall goals of the CDBG program to provide decent, safe, sanitary housing; a suitable living environment; and to expand economic opportunities for low and moderate-income persons. The PY covers the period from July 1, 2024 to June 30, 2025.
Analysis:
The purpose of the hearing is to solicit community feedback on the City’s efforts in utilizing its CDBG funding to meet the housing and community development goals outlined in the City’s Five-Year Consolidated Plan. It also provides the public an opportunity to identify community housing needs.
In addition to this public hearing, the City is holding a public comment period, which commenced on
September 3, 2025 and will end on September 19, 2025. Citizens and organizations are encouraged to submit comments regarding the report during this time. To date, no public comments have been received.
2024 Program Year Accomplishments
A total of $295,355.20 was expended within the 2024 Program Year. The following accomplishments were made:
- Sutter Yuba Homeless Assistance: A total of $30,799.41 was expended to provide public and homeless services; a combined total of 744 low-income persons were assisted through the combined efforts of the Sutter-Yuba Homeless Consortium and six (6) non-profit agencies who serve the City’s homeless population.
- Yuba-Sutter Gleaner’s Foodbank Food Recovery: A total of 443,916 pounds of food recovered from this program with $16,322.38 expended
- New Day Training Center – Therapy for low-income couples: $5,000 was expended and helped 6 couples receive therapy services.
- Playzeum – Play-for-All Initiative: $7,700 expended and the program completed, providing scholarships to 51 low-income youth.
- FREED Center for Independent Living – Home Repair Program: A total of $15,969.75 was expended and assistance provided to 40 households during the PY. - ADA Public Facility Improvements Project: The City set aside a total of $186,554.97 for the installation of new curb, gutter and ADA compliant sidewalks/ramps to provide accessibility and safe passage for individuals with disabilities. The project is still in the planning stages. - Casa de Esperanza – ADA Ramp Replacement: $57,575 expended and ADA ramp constructed for emergency shelter.
- Patriot Park Playground Replacement: $60,225.94 expended for deposit to contractor for materials to replace playground equipment.
- Yuba City PD - 2nd Street Overnight Camping Improvements: $15,000 awarded for the purchase of secure storage for those utilizing the camping site.
In addition to the above expenditures during the program year, the following 2024 projects and programs have since been completed: FREED Home Repair/Modifications, Sutter Yuba Homeless Services, and Yuba-Sutter Foodbank Food Recovery.
Fiscal Impact:
A total of $295,355.20 in CDBG funding was expended during the 2024 PY from designated 2024 activities to fund community development projects throughout the City.
Alternative:
Direct staff to modify the proposed 2024 CAPER. Some modifications will result in a required 15-day public comment period and may potentially cause the deadline to submit the CAPER to HUD to be missed.
Recommendation:
A. Conduct a Public Hearing and after consideration;
B. Approve the 2024 CAPER and adopt a Resolution authorizing staff to submit all necessary documents to the U.S. Department of Housing and Urban Development (HUD) Attachments:
1. Resolution to Approve 2024 CAPER
2. Draft 2024 CAPER
Prepared By: Submitted By:
Shannon Sardo Robert Bendorf
Administrative Analyst II Interim City Manager
ATTACHMENT 1
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE 2024 CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION
REPORT, CERTIFYING COMPLIANCE WITH THE REQUIREMENTS OF THE CDBG
PROGRAM, AND AUTHORIZING STAFF TO SUBMIT ALL APPROVED DOCUMENTS TO
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, the Department of Housing and Urban Development determined that the City of Yuba City received $567,725 under program year 2024 of the Housing and Community Development Act of 1974, as amended; and
WHEREAS, the City of Yuba City held a public hearing on September 16, 2025, to consider public comments and evaluation regarding the 2024 Consolidated Annual Performance & Evaluation Report (CAPER), the community development accomplishments and the actual use of CDBG funds contained therein; and
WHEREAS, the City of Yuba City has provided the citizens with an opportunity to review and comment on concerns involving the accomplishments of spent funds for proposed community development and housing activities, the range of activities that may be undertaken and other important program requirements, and provided citizens with adequate opportunity to participate in the review of the 2024 CAPER, including any revisions, changes or amendments thereto for public comment period commencing on September 3, 2025 and ending on September 19, 2025.
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City that the 2024 CAPER is hereby approved, that the City Manager is authorized to execute all documents related thereto, and that staff is authorized to submit all documents to the United States Department of Housing and Urban Development.
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 September 16, 2025, by the following vote:
AYES:
NOES:
ABSENT:
_______________________
Dave Shaw, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
______________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
The City of Yuba City’s Development Services Department is responsible for the administration of the Community Development Block Grant (CDBG) funds, including facilitating project/program implementation, monitoring project activities and outcomes, and ensuring compliance with all the U.S. Department of Housing and Urban Development (HUD) requirements and regulations, such as fair housing, Davis-Bacon requirements (prevailing wages), environmental reviews, affirmative action, competitive bidding procedures, and fiscal and contract administration. CDBG activities are carried out by both internal City Departments, as well as external Subrecipients.
The Consolidated Annual Performance and Evaluation Report (CAPER) is a report mandated for all communities that receive CDBG entitlement funds from HUD. The 2024 CAPER covers the period from July 1, 2024 through June 30, 2025 and reports on the City’s progress in using CDBG funds to meet the housing and community development goals contained in the 2020 Consolidated Plan (Con Plan), a five-year comprehensive planning document that covers the period of July 1, 2020 through June 30, 2025. The Con Plan also identifies the City’s overall need for affordable and supportive housing as well as non-housing community development needs. It is comprised of several components, including a five-year Strategic Plan that outlines the strategy for use of available resources to meet identified needs and an Annual Action Plan (AAP) that describes the activities the City plans to undertake to meet the goals set forth in the Strategic Plan. The CAPER evaluates the City’s overall progress in carrying out priorities of assistance identified in the Con Plan and Annual Action Plan for the 2024-2025 Program Year.
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) CDBG entitlement funds are the main Community Planning and Development (CPD) funding source the City receives to accomplish the goals and objectives outlined in the Con Plan. While other funding sources like State HOME and CalHome funds are available, CDBG funding is tailored to meet the highest priority needs and other funding sources are leveraged to assist with filling in the gaps. In addition, several community development activities are funded with CDBG to specifically target the need to provide a suitable living environment for low and moderate-income households.
The 2024 CAPER reports on the fifth and final year in the 2020 Con Plan. The following sections provide a more detailed analysis of the City’s performance for the 2024 Program Year
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual
CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Homeless Assistance Homeless
CDBG:
$44,500
Public service
activities other
than
Low/Moderate
Income
Housing Benefit
Persons
Assisted
684 744
108.77%
419 744
177.99%
Housing Rehabilitation
Affordable
Housing
CDBG:
$20,000
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
15 40
266.67%
30 40
133.33%
Infrastructure
Improvements/ADA
Modifications
Non-Housing
Community
Development
CDBG:
$246,518.82
Public Facility
or
Infrastructure
Activities other
than
Low/Moderate
Income
Housing Benefit
Persons
Assisted
8500
12,936*
Census data
used
152.18%
13000 799
6.15%
Non-Homeless Supportive
Services
NonHomeless
Special Needs
CDBG:
$40,663.85
Public service
activities other
than
Low/Moderate
Income
Housing Benefit
Persons
Assisted
100 51
51.00%
5000 148
33.78%
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Public Facilities
Construction/Rehabilitation
Non-Housing
Community
Development
CDBG:
$175,000
Public Facility
or
Infrastructure
Activities other
than
Low/Moderate
Income
Housing Benefit
Persons
Assisted
4000
12,936*
census data
used
323.4%
2625 0
0.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
During the 2024 Program Year (PY) the City continued to address the high priority needs identified in the Con Plan, including preservation of existing units; homeless housing and supportive services; housing and supportive services for special needs; and public improvements and infrastructure, including ADA improvements. Recognizing there are limited resources available, the City actively supported efforts by other entities to acquire funding for priority needs, identified in the Con Plan, that benefit low- and moderate-income residents.
The Sutter-Yuba Homeless Consortium (SYHC) was designated to act as the lead agency and fiscal agent in providing services and programs to the City’s homeless population. These programs and services were provided in conjunction with five (5) other non-profit agencies, Hands of Hope, Bridges to Housing, The Salvation Army, Central Valley Homeless Veterans Assistance Program, Regional Emergency Shelter Team (REST) and the Sutter County Homeless Shelter.
• Sutter Yuba Homeless Assistance: A total of $30,799.41 was expended to provide public and homeless services; a combined total of 744 low-income persons were assisted through the combined efforts of the Sutter-Yuba Homeless Consortium and six (6) non-profit agencies who serve the City’s homeless population.
• Non-Homeless Supportive Services:
o Yuba-Sutter Gleaner’s Foodbank Food Recovery: A total of 443,916 pounds of food recovered from this program with $16,322.38 expended
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
o New Day Training Center – Therapy for low-income couples: $5,000 was expended and helped 6 couples receive therapy services. o Playzeum – Play-for-All Initiative: $7,700 expended and the program completed, providing scholarships to 51 low-income youth. • Housing Rehabilitation:
o FREED Center for Independent Living – Home Repair Program: A total of $15,969.75 was expended and assistance provided to 40 households during the PY, projects included modification to improve mobility/accessibility and upgrades/replacements to critical appliances for senior and/or disabled individuals.
• Infrastructure Improvements/ADA Modifications:
o ADA Public Facility Improvements Project: The City set aside a total of $186,554.97 for the installation of new curb, gutter and ADA compliant sidewalks/ramps to provide accessibility and safe passage for individuals with disabilities. The project is still in the planning stages.
o Casa de Esperanza – ADA Ramp Replacement: $57,575 expended and ADA ramp constructed for emergency shelter. • Public Facilities Construction/Rehabilitation:
o Patriot Park Playground Replacement: $60,225.94 expended for deposit to contractor for materials to replace playground equipment.
o Yuba City PD - 2nd Street Overnight Camping Improvements: $15,000 awarded for the purchase of secure storage for those utilizing the camping site.
In addition to the above expenditures during the program year, the following 2024 projects and programs have since been completed: FREED Home Repair/Modifications, Sutter Yuba Homeless Services, and Yuba-Sutter Foodbank Food Recovery.
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 1,023
Black or African American 107
Asian 43
American Indian or American Native 36
Native Hawaiian or Other Pacific Islander 21
Total 1,230
Hispanic 398
Not Hispanic 832
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
A total of 1,230 people were assisted with CDBG funding during the 2024 Program Year. Approximately 32% identified as Hispanic. Many residents who identify as Hispanic, do not also identify as another race, therefore, this often leaves a discrepancy in reporting numbers.
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 663,718.82 295,355.20
Other public - federal 0 0
Table 3 - Resources Made Available
Narrative
The City received Community Development Block Grant (CDBG) Entitlement funds through the United States Department of Housing and Urban Development (HUD). Below is a breakdown of the total “Resources Made Available” as identified in table 3 above; all of which are CDBG funds:
The City’s CDBG allocation for the 2024 Program Year (PY) was $567,725; $95,993.82 was transferred from previous years’ unexpended funds.
Identify the geographic distribution and location of investments Target Area Planned Percentage
of Allocation
Actual Percentage of
Allocation
Narrative Description
Citywide 64 64 Other
Qualified Low/Mod Census
Tracts 34 34 Low/Mod Areas
Table 4 – Identify the geographic distribution and location of investments Narrative
In general, the City allocated investment of resources on a city-wide basis. The distribution of funding is predicated somewhat on the nature of the activities funded. Resources targeted to preservation of existing housing were allocated on a city-wide basis. Resources targeted to special needs populations, including homeless, were allocated on a city-wide basis, where needs are identified and/or where resources could be coordinated with existing facilities and services. Activities such as public facilities and improvements were targeted to the City’s Qualified Low/Mod Census Tracts most in need of assistance.
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
Community Development Block Grant (CDBG) funds are not sufficient to fully fund activities; as a result, activities undertaken are leveraged with a variety of Federal, State funds, charitable organizations and private donations. Subrecipients identify additional funding sources in their budgets included with their applications for CDBG funding. The CDBG funds do not require matching funds. The City continues to struggle to meet any matching requirements when applying for other Federal or State funding sources.
There is no publicly owned land or properties located within the City that were used to address needs identified in the 2020 Con Plan or 2024 Action Plan.
The City pursued and supported applications by other entities who applied for Federal and State funding during the 2024 Program Year to address priority needs. The City’s application for Permanent Local Housing Allocation (PLHA) funding from HCD was approved; as a result, the City received grant funding in the amount of approximately $1.28 million over three funding years. The City has committed PLHA funds to Habitat for Humanity to aid in the construction of an affordable housing project. The City has also committed funding from the City’s Low-Mod Income Asset fund to the Regional Housing Authority to aid in their construction of a low-income housing project as well
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
The City continued offering and/or providing funding for affordable housing activities which includes the single-family Owner Occupied Housing Rehabilitation, First-Time Homebuyer Down Payment Assistance, and the Exterior Home Repair Programs. The City worked in partnership with local non-profit agencies and the to preserve affordable housing units.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 30 40
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 30 40
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 30 40
Number of households supported through
Acquisition of Existing Units 0 0
Total 30 40
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The transition of housing loan administrators, housing market prices, and specific guidelines from the State on how loan program funds can be spent have created issues in meeting the City’s goals for affordable housing.
Although the City does not operate a rental assistance program, the RHA administers the Housing Choice Voucher (HCV) Section 8 Rental Assistance Program. A total of 744 households were assisted during this Program Year (PY). The RHA also administers the United States Department of Agriculture (USDA) – Rural
CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
Development Housing Program; it assisted a total of 188 families this PY.
In addition, CDBG funding awarded to the SYHC is used for rental assistance. Funding awarded to FREED and Habitat for Humanity is used for rehabilitation of existing affordable units and some special-nees households.
Discuss how these outcomes will impact future annual action plans.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Despite the issues described above, the City will be able to adjust goals and meet objectives set forth in the new 2025 Consolidated Plan.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 713 0
Low-income 601 0
Moderate-income 118 0
Total 1,432 0
Table 7 – Number of Households Served
Narrative Information
The low-income persons listed above were served through the Sutter Yuba Homeless Consortium, FREED Home Repair, Playzeum, Yuba Sutter Gleaner’s Foodbank, and Casa de Esperanza’s emergency shelter.
CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Many persons experiencing homelessness, require specialized or intensive assistance in order to get back into permanent housing and be linked with services needed for on-going stability. Often, homeless persons suffer from mental health conditions, drug or alcohol addiction, chronic physical illnesses, and many experience more than one of these conditions, which may contribute to their homelessness.
The City relies on the Sutter-Yuba Homeless Consortium (SYHC), our area’s Continuum of Care (CoC), to coordinate services for the homeless. The SYHC is a regional, non-profit organization that brings together public and private agencies and organizations to address the full scope of housing and supportive services needed by the varying homeless population. During the 2024 Program Year (PY), SYHC has implemented its Coordinated Entry System (CES). Coordinated Entry is a HUD-mandated requirement to prioritize services to the most vulnerable within the community. In Yuba City, the CES is located at Hands of Hope’s day services center. Upon entering the CES, homeless individuals have their needs assessed to determine which services they are eligible for and are assigned a case manager to assist them in obtaining permanent housing. Additionally, Hands of Hope offers several life skills classes to help facilitate a client’s move toward self-sufficiency.
Annually the SYHC, along with volunteers, conduct a Point-in-Time (PIT) count of the homeless. The information is limited since it cannot count every person that is homeless or count people that are at risk of homelessness. It does however provide an estimate of the homeless population, helps to assess the needs of the various sub-populations, and helps to assess the progress in ending homelessness. In 2023, the most recent unsheltered count, SYHC identified a total of 963 individuals experiencing homelessness in Sutter and Yuba Counties, and 252 precariously housed individuals.
All agencies that received CDBG funding during this Program Year utilize intake forms to collect data and assess the needs of homeless individuals and families. They assess for chronic homelessness, physical, mental, or behavioral issues as well as any financial difficulties these individuals may have. Once their individual needs are assessed, they construct a case plan specific to their needs and assist them in achieving their individual goals and milestones. Their assistance can include classes that address specific barriers that each client may have that affect them maintaining housing stability. These classes may include; Seeking Safety, Anger Management, Relapse Prevention, Life Skills, Budgeting, Co-dependency, Kitchen class, Health Classes, Grief Counseling, One-on-Ones with case managers and Parenting classes.
Addressing the emergency shelter and transitional housing needs of homeless persons The City works within the framework of and relies on the SYHC and member agencies to address the emergency shelter and transitional housing needs of homeless individuals and families.
CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
Some of the funding awarded to SYHC goes towards the Regional Emergency Shelter Team, which provides emergency shelter for homeless individuals and families and ramps up operation during the winter months.
The City took the following actions during this PY to address the needs of homeless persons: 1) The City’s zoning code allows for emergency shelter and transitional shelter sites in accordance with State Law; and 2) the City continued to support applications for emergency shelter and/or transitional housing funding by the SYHC and member agencies, consistent with City policy.
Better Way shelter, Sutter County’s homeless shelter opened in doors in the City of Yuba City in 2019.
Better Way has a 40-bed capacity, and offers a temporary place to stay for up to 3 months for single individuals age 18 and above. The City has committed some of it’s PLHA funding to Better Way to support operations.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Low-income households overpaying for rent and utilities are constantly at risk of becoming homeless. The City’s objectives for helping low-income individuals and families avoid homelessness include maintain and increasing the supply of affordable housing as well as supporting the efforts of SYHC and its member agencies.
During this PY the City provided CDBG funds to the SYHC. The SYHC provides a forum for its member agencies who assist low-income households and individuals receiving assistance from public and private agencies to develop comprehensive, coordinated services that address the underlying reasons for homelessness helping those individuals and families avoid becoming homeless. The SYHC allocates funding to non-profit agencies who provide programs and services to the City’s homeless population.
These agencies are: The Bridges to Housing, Central Valley Homeless Veterans Assistance Program, and the Salvation Army; these agencies provide assistance with security deposits, one-time rental assistance, utility assistance, on-going supportive services and/or case management to individuals and families that are formerly homeless or at risk of becoming homeless.
Bridges to Housing provides financial assistance to low income individuals and families in the form of security deposits to prevent them from becoming homeless. The deposit assistance provided by Bridges to Housing is sometimes the financial assistance needed to help those at risk of being homeless moving forward in a positive direction. Providing security deposit assistance to homeless individuals or families give them a fresh start placing them in a stable and safe environment and moving them from the uncertainty of being homeless. Bridges to Housing also provides everyone with a list of additional resources and referrals to such organizations as Hands of Hope while they are going through this transition
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
period giving them the additional hope and resources they need avoid becoming homeless again.
The Central Valley Homeless Veterans Assistance Program provides assistance to veterans with one-time rent assistance and utility assistance to create or maintain stable housing. They also provide additional supportive services and participate and support the Sutter-Yuba Veterans Stand Down event held annually during which veterans and their families receive a variety of services.
The City’s efforts during this PY to help low-income individuals and families avoid becoming homeless included continuing its Housing Rehabilitation Program that maintains the City’s existing affordable housing stock as well as continuing to work in cooperation with the Regional Housing Authority (RHA).
The RHA provides a variety of housing options to low and very low-income households. To date the Department of Housing and Community Development (HCD) has yet to respond to the City’s request for a housing price waiver. This is crucial in order to effectively operate and expend HOME funds with the high housing prices within the City. HCD is the State Agency that oversees and provides HOME funding opportunities, (on a competitive basis), for the City’s First-Time Homebuyer and Owner Occupied Rehabilitation programs.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City does not provide supportive services or case management to homeless or formerly homeless persons. The City relies on the SYHC and its member service providers to address the supportive services and case management needed to help homeless people’s transition to permanent housing, independent living, secure permanent affordable housing and prevent recurring homelessness.
CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City does not own or operate public housing units, but works in collaboration with the Regional Housing Authority, who manages the City’s Neighborhood Stabilization and Homes2Families housing units.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
Since the City does not own, operate public housing or have oversight over Housing Authority operations, there are no City strategies directed at public housing tenants; however, the City encourages all residents to be active participants in their community.
The RHA has continued to work with residents to provide an environment in which they are able to accumulate adequate resources in order to move into non-subsidized housing and homeownership.
Actions taken to provide assistance to troubled PHAs
The RHA is not identified as a troubled Housing Authority; therefore, this section does not apply.
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City’s 2021-2029 Housing Element establishes specific goals, policies, and objectives relative to the provision of housing for all economic segments of the community and to adopt an action plan. The plan outlines policies and actions that will provide a systematic program for achieving the City’s fair share of regional housing needs, maintaining the existing housing stock, providing affordable housing, facilitating the production of a wide range of housing types, and facilitating the incorporation of energy-efficient materials and technology in new and existing housing units. These policies include: allowing for accessory dwelling units in all zones where residential structures are allowed in accordance with AB 2299; allowing for single room occupancy (SRO) housing without a use permit in commercial zones; continuing to ensure zoning standards and development of housing at higher density ranges through exploration of creative options such as shared-parking, mixed-use development, encouragement of additional building floors, etc. Also, developing regulations for condominium conversions that minimize displacement of low-income residents and prevent the loss of affordable housing units, a density bonus which will offer incentives for developers who submit projects for multi-unit affordable housing, the requirement for developers to replace all affordable housing units lost to new development, and allowing residential use in nonresidential land use designations. In addition, the City permits rotating cold weather shelters in religious institutions in each of the Residential Districts by-right, providing housing opportunities, albeit on a limited basis.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) During the 2024 Program Year, the City continued its efforts to identify alternate funding sources, supported funding applications by service providers that expanded the availability of affordable housing, and supported applications for homeless assistance and supportive services. The City continued to implement zoning and land use policies that encourages the development of affordable housing. The City also continued to encourage partnerships with other local government entities and service providers so that underserved needs may be better met by coordinated and collaborative uses of resources.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City continues to implement HUD’s lead-based paint regulations. Efforts by the City in this regard include the disclosure of possible lead hazards and implementation of lead risk assessment, clearance testing procedures and supervision of lead-related work performed in conjunction with any of its housing programs. Any mitigation or removal of lead-based paint hazard is in accordance with HUD guidelines.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) Poverty has many causes. Among the causes are disabilities (physical and developmental disabilities,
CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
chronic diseases, mental illness, etc.), a lack of adequate education or vocational training, a lack of sufficient spousal support and substance abuse problems. According to the 2021 U.S. Census Bureau American Community Survey data, 13% of Yuba City's population resides in poverty.
During this Program Year, the City has continued its efforts to forge relationships with public and private organizations that share a common mission for improving the quality of life for lower income individuals through housing, social services, employment and skills training, neighborhood revitalization and economic development.
The City is also a member of the Yuba-Sutter Economic Development Corporation (YSEDC) which offers economic development programs and partners with local lending institutions to make loans available to businesses creating and/or retaining jobs for low income residents.
Sutter County offers residents and businesses assistance through their Human Services Department, Employment Services offered include: Job Fairs, Hiring Assistance, Advertising and Recruitment Services, Employment Counseling, Job Search Programs and Strategies, Resume Design and a Resource Center.
The Regional Housing Authority, through the Family Self Sufficiency (FSS) Program, a voluntary 5-year program, provides rental assistance and support programs in order to allow households on the Housing Choice Voucher (HCV) Section 8 Rental Assistance Program to become free of public assistance.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City’s Development Services Department is responsible for the administration of the City’s Housing Programs, including the CDBG Program. The Development Services Department also oversees the City’s Community Development and Economic Development activities. As an entitlement jurisdiction, the City receives an annual allocation of CDBG funds directly from the Department of Housing and Urban Development (HUD); both internal City departments and external agencies implement the programs and projects identified in the Annual Action Plan. The Development Services Department has continued to collaborate with other City Departments, the City Council, City Commissions, as well as local agencies, organizations and residents to develop programs and activities that serve low and moderate-income individuals and families within the jurisdiction.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City will continue to meet with and maintain a dialogue with non-profit agencies and organizations that serve low and moderate-income persons. The City will work to enhance and improve the organizational capacity and foster a collective planning process.
The City will continue to work closely with the Regional Housing Authority to develop, preserve and
CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
improve the supply of affordable housing in the City.
During the 2024 PY, he City has also committed PLHA funding, as well as funding from their Low-Mod Asset Fund (formerly redevelopment agency funds) to Habitat for Humanity and Regional Housing Authority for two affordable housing projects, that will total over 300 affordable units.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City includes HUD brochures on sub-prime lending practices in the City’s First Time Homebuyers and Housing Rehabilitation Programs.
To the extent that impediments pertain to private sector activities, the City carefully monitors any complaints received and, if necessary, refers fair housing matters to California Rural Legal Assistance. The City also encouraged applications for boards and commissions from all classes of citizens in order to promote adequate citizen representation.
CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City monitors its performance through the Consolidated Annual Performance and Evaluation Report (CAPER). Each year the City reviews and reports progress it has made in carrying out its Con Plan and Action Plan. The 2024 CAPER includes a description of resources made available, investment of available resources, geographic distribution and location of investments, results/outcomes, actions taken to affirmatively further fair housing and any other actions taken during the 2024 Program Year (PY) as outlined in the 2024 Action Plan.
Throughout the 2023 PY, the City utilized the Integrated Disbursement and Information System (IDIS) for setting up, funding, drawing down and reporting CDBG and other funds as required. IDIS reports are incorporated into the 2024 CAPER and made available to the public as required.
The City utilized a performance measurement system to ensure accurate reporting of results in IDIS and in the 2024 CAPER for the programs and projects undertaken by the City during this PY.
In addition to the HUD monitoring and reporting requirements, the City completed the following monitoring program for its housing and community development programs and projects:
• The City reviewed and reported to the State Department of Housing and Community Development on the progress the City made during this PY implementing its 2021-2029 Housing Element.
• The City monitored its Sub-Recipients to ensure compliance with federal and local requirements outlined in Sub-Recipient Aagreements. The level of Sub-Recipient monitoring conducted by City staff is determined through a Risk Assessment (RA), utilizing a variety of factors i.e., SubRecipients new to CDBG funding, Sub-Recipients with higher staff turnover, etc. The RA determines which Sub-Recipients have a higher level of risk of non-compliance with CDBG Program regulations and requirements. For Sub-Recipients determined to have a higher risk of non-compliance, City staff will conduct an on-site monitoring and may be provided technical assistance, training, or additional oversite by City staff throughout the year. For those SubRecipients that are determined to have a low risk of non-compliance, City staff may determine a desk review is sufficient to ensure on-going compliance with CDBG requirements. The RA conducted for the monitoring during this PY determined that two interanal subrecipients were at risk of non-compliance due to lack of timelieness expenditure of funding. These subrecipients were given guidance on how to maintain a timeline for expenditures and the most efficient pathway to getting the funding expended. The DSD will continue to monitor these departments to ensure funds are expended within given timeline. The City utilizes quarterly reporting to
CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
monitor Sub-Recipient progress and financials, and to provide feedback moving forward based on those reports to ensure funds are being expended successfully.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The City’s Citizen Participation Plan (CPP) details the public noticing requirements for CDBG activities, sets threshold requirements for Annual Action Plan amendments, and also provides a detailed description of the CDBG Program Year cycle. In addition to carrying out the actions set forth in the City’s Citizen Participation Plan, the following actions were taken during the 2023 Program Year:
1. Public Notice Requirements
The Public Notice for Public Review and Comment for the 2024 CAPER was published on September 2, 2025. The comment period began on September 3, 2025 and will end on September 19, 2025. The Public Notice and 2024 CAPER were also posted on the City’s website, where translation services were available.
The notice provided 15 days for citizens to comment on the report as required by 24 CFR 91.105(d). This report and all CDBG public information files are available for public review at City Hall and the Public Library.
The City maintains a list of organizations and agencies that advocate on behalf of special needs groups and in addition to the publishing the Public Notice in the local newspaper and on the City’s website, the City provides notice to all entities on this list, inviting them and their clients to participate in the CAPER process, including the Public Hearing.
2. Reporting and Recordkeeping
The City maintains all CDBG programs and financial records. All CDBG program reports will be submitted to HUD as required. A citizen information file is maintained and available for public review.
3. Citizen Comments
Copies of the 2024 CAPER were made available to the public during the 15-day comment period. A public hearing for public review and comment for the 2024 CAPER will be held on September 16, 2025 before the City Council.
RESERVED FOR PUBLIC COMMENTS.
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
The City does not have any plans to change its program objectives at this time. With the requirement of the new Consolidated Plan for the 2025 Program Year, objectives largely remained the same.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No; the City does not have any BEDI grants.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not applicable to the City.
CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 1 0 0 0 0
Total Labor Hours 0
Total Section 3 Worker Hours 0
Total Targeted Section 3 Worker Hours 0
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.
Direct, on-the job training (including apprenticeships).
Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
Outreach efforts to identify and secure bids from Section 3 business concerns.
Technical assistance to help Section 3 business concerns understand and bid on contracts.
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.
Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services.
Held one or more job fairs.
Provided or connected residents with supportive services that can provide direct services or referrals.
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.
Assisted residents with finding child care.
Assisted residents to apply for, or attend community college or a four year educational institution.
Assisted residents to apply for, or attend vocational/technical training.
Assisted residents to obtain financial literacy training and/or coaching.
Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Provided or connected residents with training on computer use or online technologies.
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.
Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
Other.
Table 9 – Qualitative Efforts - Number of Activities by Program
CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
Narrative
The City had one Section 3 activity during the 2024 PY, but progress has not yet been made on that activity.
Agenda Item 7
CITY OF YUBA CITY
STAFF REPORT
Date: September 16, 2025
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Development Services Director Summary
Subject: Merriment Village Apartments, Development Plan 25-02 Recommendation: A. Conduct a Public Hearing, and;
B. Adopt a Resolution of the City Council of the City of Yuba City rescinding the City Council’s approval of Development Plan 23-02, determining the Merriment Village Apartments meets the requirements of a Homekey project and that pursuant to Health & Safety Code Section 50675.1.3(i), Development Plan 25-02 is a ministerial project and that pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15268(a) and 15002(i), CEQA does not apply to ministerial projects, and approve Development Plan 25-02, Merriment Village Apartments, for the development of a 218-unit income-based (affordable) apartment complex, located on a 7.7-acre parcel at 428 North Walton Avenue (Assessor’s Parcel Number 58-120-001)
Fiscal Impact: On May 2, 2023, the City Council approved a Funding Commitment letter to contribute $1,787,922 in the form of development fee waivers and $155,000 annually of available Permanent Local Housing Allocation (PLHA) Funding for ongoing annual operations costs
Purpose:
To consider rescinding the City Council’s approval of Development Plan 23-02 and approving Development Plan 25-02 for the Merriment Village Apartments project.
Council’s Strategic Goal:
This item meets the City Council’s strategic goals of quality infrastructure (housing), business friendly, and quality of life.
Background:
On September 19, 2023, the City Council approved Development Plan 23-02 for the Merriment Village Apartment project located at 428 North Walton Avenue. The project provides for a 218-unit incomebased apartment complex at 428 North Walton Avenue.
Since project approval, the applicant, Habitat for Humanity, has been working to secure project
financing to construct the project.
The project has received significant funding from the State Department of Housing and Community Development Department (HCD) through a joint application between the City and Habitat in the form of a Homekey 3.0 Grant in the amount of $24,632,331 consisting of $22,632,331 for construction of capital improvements and $2,615,425 for operating expenses.
It has been almost two years since the City Council’s approval. To update project conditions and to utilize a newer exemption for affordable housing projects under CEQA, Habitat for Humanity has submitted a new application for approval, Development Plan 25-02.
On August 27, 2025, the Planning Commission unanimously recommended the City Council rescind its approval of Development Plan 23-02, determining the Merriment Village Apartments meets the requirements of a Homekey project and that pursuant to Health & Safety Code Section 50675.1.3(i), newly filed Development Plan No. 25-02 is a ministerial project and that pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15268(a) and 15002(i), CEQA does not apply to ministerial projects, and approve Development Plan 25-02, Merriment Village Apartments, for the development of a 218-unit income-based (affordable) apartment complex, located on a 7.7-acre parcel at 428 North Walton Avenue (Assessor’s Parcel Number 58-120-001).
Analysis:
The submittal of Development Plan application DP 25-02 necessitates the City to rescind its approval of Development Plan 23-02.
Although a new application has been submitted, the project elements remain the same. The Merriment Village Apartments project proposes to develop a 218-unit income-based (affordable) apartment complex on 7.7 acres, which will include five multifamily buildings, a facility building, a clubhouse, and a fitness/multipurpose building. The project density is approximately 28 dwelling units per acre, and is proposed to be developed in two phases.
Due to the project exceeding 100 dwelling units, final approval by the City Council is required pursuant to Municipal Code Section 8-5.7001 (a).
An important distinction about this new application and utilizing a new CEQA exemption is this new application is considered a ministerial act under the law, which means the City does not have discretion to deny this new application. The role of the City Council in this matter is to evaluate whether this Project meets the requirements of a Homekey Project Pursuant to Health & Safety Code Section 50675.1.3. Additional discussion about this is explained in the “Environmental Determination” section of this staff report.
Finally, Habitat for Humanity has agreed to comply with the previously approved Conditions of Approval from Development Plan 23-02, as part of the City’s approval of Development Plan 25-02, except for a Condition that pertains to the CEQA exemption used.
General Plan Consistency
An analysis of this project’s consistency with the General Plan concludes that the project is consistent with the General Plan. This is reflected in the Resolution prepared for the project.
Compatibility with neighboring uses:
TABLE 1: BORDERING LAND USES
North: Multifamily housing units (duplex and four-plexes) South: A vacant commercial lot is located directly south of the proposal with a Chevron fuel station and Mini Mart south of the vacant parcel.
East: Single Family residences
West: North Walton Avenue is directly west of the property, west of the street is a vacant parcel with an approved Tentative Subdivision Map (TSM 23-01), West Walton Village. The tentative map proposes duplex and half-plex development.
The project is located on the east side of North Walton Avenue, between Bridge Street and Franklin Road. There are several existing housing units (single-family and multifamily) on the north and east sides of the proposed development. Along the south side of the proposal there is a vacant commercial parcel (1.3-acres), with a Chevron fuel station and Mini Mart farther south at the northeast corner of North Walton Avenue and Franklin Road.
There is often a perception from residents of single-family homes to not be near apartments for perceived issues of crime and economics (property values). However, from a land use planning perspective, apartments near single-family residences (homes adjacent to homes) is not a compatibility issue.
Design Review
The primary view of the project is from North Walton Avenue. The proposal will place the buildings along street frontages with parking on the sides and in the rear, which offers passersby a view of the nicely designed buildings instead of a parking lot. This is enhanced with street trees along North Walton Avenue, behind the sidewalk, at a minimum of 30’ on center which will further soften the views of the apartment complex. The amenities including a community building, offices, play structure, swimming pool, outdoor patio areas, etc. are centrally located. The architectural design is of a high quality and, with the incorporated Conditions of Approval, comply with the Yuba City Municipal Code Development Standards and Design Guidelines.
Traffic
The proposed development is bounded by existing development. In addition, the location is identified by Sacramento Area Council of Governments (SACOG) as being in an area having a 50 percent or more Vehicle Miles Traveled (VMT) reduction and is compliant with Senate Bill 743, meaning VMT is not identified as an impact due to the project’s location within the City.
Ingress and egress to the project is provided from Walton Avenue. Walton Avenue and the nearest intersections, Walton Avenue/Bridge Street and Walton Avenue/Franklin Road intersections are within acceptable City adopted level of service standards which is not expected to deteriorate from the traffic generated by this proposal. This Project will provide pedestrian and bicycle improvements to access Walton Avenue.
North Walton Avenue, Franklin Road and Bridge Street are existing arterial roadways, built for high traffic volumes, that will be impacted by the proposed development. The Public Works Department reviewed the proposal and found that combined with the on-site road improvements to North Walton Avenue, adequate levels of service will be maintained.
Parking
The proposed project includes a minimum of one parking space per residential unit. The California Density Bonus Law states that local governments are no longer allowed to impose any parking requirements for 100% affordable housing projects located within ½ mile from an accessible major
transit stop. The developer has included 243 off-street parking spaces including ADA and EV spaces.
The Yuba City Municipal Code would require 281 off-street parking spaces for this development if the California Density Bonus Law did not apply.
Noise
The Municipal Code requires the construction of a 6-foot-tall masonry wall to help mitigate potential noise between multifamily development and single-family residences. As discussed, this proposal includes a perimeter wall on the north, east, and south sides of the project. Additionally, construction will be required to comply with existing City standards regarding time of construction, noise mitigation, etc.
Availability of City services:
City water and wastewater collection are available to the property. A stormwater drainage system is nearby that will be operated and maintained by the City and which drains to the Gilsizer Slough.
Environmental Determination:
Development Plan 25-02 is for a Homekey-funded project. Homekey funds are authorized pursuant to Health & Safety Code Section 50675.1.3. Health & Safety Code Section 50675.1.3(a) lists the authorized uses for the Homekey funds, which include new construction of dwelling units.
Health & Safety Code Section 50675.1.3(i) provides that Homekey projects shall not be subject to a conditional use permit, discretionary permit, or any other discretionary review or approval.
CEQA Guidelines Sections 15268(a) and 15002(i) state that CEQA applies only to discretionary actions and "whether an agency has discretionary or ministerial controls over a project depends on the authority granted by the law providing the controls over the activity." Based on the language of Health & Safety Code Section 50675.1.3(i) that Homekey projects may not be subject to discretionary approvals, Homekey projects are ministerial and CEQA does not apply to Development Plan 25-02.
Fiscal Impact:
This project does not have a direct General Fund impact. The City Council previously approved a Funding Commitment letter on May 2, 2023, to contribute $1,787,922 toward the City of Yuba City development fees and $155,000 annually of Permanent Local Housing Allocation (PLHA) Funding for ongoing annual operation costs. From the May 2, 2023, City Council staff report, the City’s contribution is in the form of fee waivers as follows:
City Fee Fee Estimate
Development Impact Fees $780,147.91
Building Permit Fees $199,594.72
Sewer Connection & Extension Fees $495,956.07
Water Connection Fees $312,223.08
Total Estimated City Fees: $1,787,921.78
Alternatives:
Staff do not see any alternatives available regarding Development Plan 25-02. As a Homekey project meeting the requirements for grant funding, this is a ministerial action and with its approval, the City
acknowledges such.
Recommendations:
1. Conduct a Public Hearing, and;
2. Adopt a Resolution of the City Council of the City of Yuba City rescinding the City Council’s approval of Development Plan 23-02, determining the Merriment Village Apartments meets the requirements of a Homekey project and that pursuant to Health & Safety Code Section 50675.1.3(i), Development Plan 25-02 is a ministerial project and that pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15268(a) and 15002(i), CEQA does not apply to ministerial projects, and approve Development Plan 25-02, Merriment Village Apartments, for the development of a 218-unit income-based (affordable) apartment complex, located on a 7.7-acre parcel at 428 North Walton Avenue (Assessor’s Parcel Number 58-120- 001).
Attachments:
1. Proposed Resolution
2. Location Map
3. Development Plan
Prepared By: Submitted By:
Doug Libby, AICP
Director of Development Services
Robert Bendorf
Interim City Manager
ATTACHMENT 1
1 RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY RESCINDING THE CITY COUNCIL’S APPROVAL OF DEVELOPMENT PLAN 23-02, DETERMINING THE MERRIMENT VILLAGE APARTMENT PROJECT
MEETS THE REQUIREMENTS OF A HOMEKEY PROJECT AND THAT
PURSUANT TO HEALTH & SAFETY CODE SECTION 50675.1.3(I),
DEVELOPMENT PLAN 25-02 IS A MINISTERIAL PROJECT AND THAT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15268(A) AND 15002(I), CEQA DOES NOT APPLY TO MINISTERIAL PROJECTS, AND APPROVE DEVELOPMENT PLAN 25-02, MERRIMENT VILLAGE APARTMENTS, FOR THE DEVELOPMENT OF A 218-
UNIT INCOME-BASED (AFFORDABLE) APARTMENT COMPLEX, LOCATED ON A 7.7-ACRE PARCEL AT 428 NORTH WALTON AVENUE (ASSESSOR’S PARCEL NUMBER 58-120-001)
WHEREAS, the City received an application in April 2023 for Development Plan (DP) 23- 02, to construct a 218-unit income-based (affordable) apartment complex on 7.7 acres, located at 428 North Walton Avenue; and
WHEREAS, on September 19, 2023, the City Council conducted a Public Hearing to consider Developmetn Plan (DP) DP 23-02, and after conducting a public hearing approved Resolution 23-118, thereby approving the Merriment Village Apartment project at 428 North Walton Avenue, Assessor’s Parcel 58-120-001.
WHEREAS, the applicant for the Merriment Village Apartment project, Habitat for Humanity Yuba-Sutter, desires to update project conditions and to utilize a newer exemption for affordable housing projects under the California Environmental Quality Act (CEQA), therefore Habitat for Humanity Yuba-Sutter has submitted a new application for approval, DP 25-02; and WHEREAS, all project elements remain the same under DP 25-02 and the project continues to provide for 218 income-based affordable housing units; and WHEREAS, DP 25-02 is a Homekey funded project. Homekey funds are authorized pursuant to Health & Safety Code Section 50675.1.3. Health & Safety Code Section 50675.1.3(a) lists the authorized uses for the Homekey funds, which include new construction of dwelling units; and
WHEREAS, Health & Safety Code Section 50675.1.3(i) provides that Homekey projects shall not be subject to a conditional use permit, discretionary permit, or any other discretionary review or approval. As a result, DP 25-02, is considered a ministerial project; and WHEREAS, CEQA Guidelines Sections 15268(a) and 15002(i) state that CEQA applies only to discretionary actions and "whether an agency has discretionary or ministerial controls over a project depends on the authority granted by the law providing the controls over the activity." Based on the language of Health & Safety Code Section 50675.1.3(i) that Homekey projects may not be subject to discretionary approvals, Homekey projects are ministerial and CEQA does not apply to DP 25-02; and
WHEREAS, although DP 25-02 is a ministerial project, Habitat for Humanity Yuba-Sutter has agreed to continue to comply with the conditions of approval adopted as part of DP 23-02,
2 except for conditions that the City and applicant mutually agree to revise; and WHEREAS, due to the filing of a new application (DP 25-02), it is desirable for the City Council to rescind its previous approval of DP 23-02 as reflected in Resolution No. 23-118; and WHEREAS, the City Council has reviewed all associated documents prepared for DP 25- 02, including those related to the previous approval of DP 23-02 and all the evidence received by the Planning Commission; and
WHEREAS, On September 16, 2025, the City Council conducted a public hearing to consider DP 25-02, and received both oral testimony and written information presented at the hearing regarding the same; and
WHEREAS, the City Council of the City of Yuba City considered said recommendations of the Planning Commission on the matter and after review and consideration of the environmental determination, the City Council now desires to approve the project; and WHEREAS, the City Council of the City of Yuba City now desires approve DP 25-02 and the associated environmental determination; and
NOW, THEREFORE, the City Council of the City of Yuba City resolves as follows:
1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
CEQA Finding. A preliminary environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). The City Council finds and determines that the project is a Homekey funded affordable housing project.
Health & Safety Code Section 50675.1.3(i) provides that Homekey projects shall not be subject to a conditional use permit, discretionary permit, or any other discretionary review or approval. As a result, DP 25-02, is considered a ministerial project. CEQA Guidelines Sections 15268(a) and 15002(i) state that CEQA applies only to discretionary actions and "whether an agency has discretionary or ministerial controls over a project depends on the authority granted by the law providing the controls over the activity." Based on the language of Health & Safety Code Section 50675.1.3(i) that Homekey projects may not be subject to discretionary approvals, Homekey projects are ministerial and CEQA does not apply to DP 25-02.
2. Development Plan 25-02 Findings: The City Council finds the following required findings of Section 8-5.7001(C) of the Municipal Code that must be made prior to approving the project (the required findings are in italics):
a. The site for the proposed use is adequate in size and shape to accommodate said use, public access, parking and loading, yards, landscaping, and other features required by this chapter.
Evidence. The site is of adequate size to accommodate the project. The proposed residential density of 28 residences per acre is within the Medium High Density Residential (HDR) permitted density range of 12-36 residences per acre. Adequate public access is provided from two access points on North Walton Avenue. The apartment project will provide 243 offstreet vehicle parking spaces, which greatly exceeds the requirements under the California Density Bonus Law (Assembly Bill 2345) for parking spaces of 100% affordable housing projects. Landscaping and open space/recreation area standards are also met. All City
3 services are available to the site.
b. The streets serving the site are adequate to carry the quantity of traffic generated by the proposed use.
Evidence. North Walton Avenue, Franklin Road and Bridge Street are existing arterial roadways, built for high traffic volumes, that will be impacted by the proposed development.
The Public Works Department reviewed the proposal and found that combined with the onsite road improvements to North Walton Avenue, and the payment of the development impact fees for roads, the nearby streets will maintain adequate levels of service. c. The site design, design of the buildings, and the scale of the project will complement neighboring facilities.
Evidence. Based on the analysis provided in the staff report and the conditions of approval, the site design of the project adequately considered the impacts on neighboring properties.
The project’s design provides adequate building setbacks from the property lines, and there is adequate perimeter landscaping that improves the project’s exterior appearance.
The proposed building design includes various materials, including stucco and stone accents.
Combined with the landscaping which includes trees planted along the perimeter and throughout the site that will ensure that to the extent feasible the facility will be compatible with neighboring properties.
d. The application satisfies at least one of the findings found in Title 6, Chapter 9, Article 6 of the Municipal Code.
Evidence. This project complies with this finding as the Sutter Butte Flood Control Agency (SBFCA) is the “Local Flood Management Agency” for the Sutter-Butte Basin and as such, has the responsibility to prepare an annual report demonstrating adequate progress as defined in California Government Code Section 645007 (a). SBFCA has prepared Adequate Progress Report Updates for ULOP and transmitted them to the Central Valley Flood Protection Board. As such this site has adequate flood protection. Additionally, the City has imposed conditions on the Development Plan that will protect property within the area to the urban level in urban areas and urbanizing areas.
3. Recinding approval of Development Plan 23-02: Based on the information contained in this resolution, the City Council of the City of Yuba City rescinds its approval of DP 23-02 as reflected in Resolution 23-118.
4. Approval of the Development Plan 25-02: Based on the information provided, the City Council of the City of Yuba City determines this Project meets the requirements of a Homekey Project Pursuant to Health & Safety Code Section 50675.1.3 and approves DP 25-02, a ministerial project, subject to the mutually agreed upon Conditions of Approval attached hereto as Exhibit A.
5. Effective: This Resolution shall become effective immediately.
4 The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 16th day of September, 2025.
AYES:
NOES:
ABSENT:
CITY OF YUBA CITY
_____________________________
Dave Shaw, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
_________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit A: Conditions of Approval
5 EXHIBIT A
1 CITY OF YUBA CITY
CONDITIONS OF APPROVAL
DEVELOPMENT PLAN 25-02
SEPTEMBER16, 2025
MERRIMENT VILLAGE APARTMENTS
APN: 058-120-001-000
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
IMPORTANT: PLEASE READ CAREFULLY
Please note that this project is subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through the development plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.
Approval of this development plan shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development.
Approval of this development plan may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this development plan, the zoning ordinance, and all City standards and specifications. This development plan is granted, and the conditions imposed, based upon the application submittal provided by the applicant, including any operational statement. The application is material to the issuance of this development plan. Unless the conditions of approval specifically require operation inconsistent with the application, a new or revised development plan is required if the operation of this establishment changes or becomes inconsistent with the application. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the development plan or any other enforcement remedy available under the law. The City shall not assume responsibility for any deletions or omissions resulting from the development plan review process or for additions or alterations to any construction or building plans not specifically submitted and reviewed and approved pursuant to this development plan or subsequent amendments or revisions. These conditions are conditions imposed solely upon the development plan, and are not conditions imposed on the City or any third party. Likewise, imposition of conditions
2 to ensure compliance with federal, state, or local laws and regulations does not preclude any other type of compliance enforcement.
These conditions are applicable to any person or entity making use of this development plan, and references to “developer” or “applicant” herein also include any applicant, property owner, owner, leasee, operator, or any other person or entity making use of this development plan.
CONDITIONS OF APPROVAL
1. To the furthest extent allowed by law, applicant/property owner shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative record preparation costs) arising from, resulting from, or in connection with any ThirdParty Action (as hereinafter defined). The term “Third Party Action” collectively means any legal action or other proceeding instituted by (i) a third party or parties, or (ii) a governmental body, agency or official other than the City, that: (a) challenges or contests any or all of these Conditions of Approval or any approval associated with entitlements associated with the project (collectively “Approvals”); or (b) claims or alleges a violation of CEQA or another law in connection with the Approvals by the City, or the grant, issuance or approval by the City of any or all Approvals. Applicant’s/property owner’s obligations under this paragraph shall apply regardless of whether City or any of its officers, officials, employees, consultants, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this section shall survive any termination, revocation, overturn, or expiration of an approval.
Nothing in this section shall obligate the City to defend any claim and the City shall not be required to pay or perform any settlement arising from any such claim not defended by the City, unless the City approves the settlement in writing. Nor shall the City be prohibited from independently defending any claim, and if the City does decide to independently defend a claim, the applicant/property owner shall be responsible for City’s attorneys’ fees, expenses of litigation, and costs for that independent defense, including the costs of preparing any required administrative record. Applicant/property owner shall submit all documents filed in the Third-Party Action for review and approval of the City Attorney prior to filing of said documents on behalf of the City.
The City may, at any time, require the applicant to reimburse the City for costs that have been, or which the City reasonably anticipates will be, incurred by the City during the course of processing or defending any Third-Party Actions. The City shall provide applicant/property owner with an invoice detailing all reasonable costs incurred. Applicant/property owner shall tender to the City payment-in-full of all reasonable and necessary costs within thirty (30) days from the date upon the invoice. Applicant/property owner shall contact the City within a reasonable time to arrange any extension of the thirty (30) day time period for payment-in-full of the invoiced amount. Applicant/property owner further acknowledges and agrees, failure to timely tender payment-in-full to the City shall be considered a breach and noncompliance with the conditions of approval for the project. Applicant/property owner
3 shall also be required, upon request of the City, to deposit two month’s estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a positive balance pending tender of payment by Applicant/property owner as noted herein.
2. The site design shall be designed in conformance with the Site Plan, dated April 14, 2023, as appropriate, and as approved by the Planning Commission.
3. Approval of Development Plan (DP) 23-02 shall be null and void without further action if either 1) the project has not been substantially commenced within two years of the approval date of Development Plan 23-02; or 2) that a request for an extension of time, pursuant to Section 8-5.7106 of the Yuba City Municipal Code has not been submitted to the City.
4. The development and operation of the project shall comply with all local, state, and federal codes (including Building and Fire codes) and local development standards. a. The Developer or Representative shall obtain an Encroachment Permit from the City prior to performing any work within public right of way.
5. The Developer shall, prior to the issuance of the first certificate of occupancy of the first building, construct a 6-foot-high masonry wall along all interior property lines in accordance with Yuba City Municipal Code Sec. 8-5. 5905.
6. The Developer shall, prior to the issuance of the first certificate of occupancy of the first building, install landscaping along North Walton Avenue, on all sides of Building 4, and in the parking area for the area required with the development of Phase One, or as approved by the Development Services Director.
7. All exterior lighting shall be decorative in nature. No wall packs are permitted.
8. Decorative window treatment shall be installed, such as an inset of three inches or adding framing or trim around the windows, as approved by the Development Services Director.
9. To help contain fugitive dust, construction sites shall be watered down during the construction phase of the project or as directed by the Public Works Department.
10. Paved streets shall be swept frequently (water sweeper with reclaimed water recommended; wet broom) if soil material has been carried onto adjacent paved, public thoroughfares from the project site.
11. The Developer, at their expense, shall be solely responsible for all quality control associated with the project. The quality control shall include, but is not limited to, the following: survey work, potholing existing utilities, all geotechnical testing, soil reports, concrete testing, asphalt testing, and any other required special testing/inspections. The City will only perform necessary testing to insure compliance.
12. Storage of construction material is not allowed in the travel way.
4 PRIOR TO ISSUANCE OF A GRADING PERMIT
13. 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 lands or impede the drainage from those lands.
At first submittal of the improvement plans, provide existing / proposed grades at the perimeter of the proposed development, and existing grades at the adjacent lands.
If retaining walls are required they shall be constructed of concrete or masonry block.
PRIOR TO APPROVAL OF THE IMPROVEMENT/BUILDING PLANS
14. The plans shall indicate the locations of all septic and leach field areas, and all wells.
All existing facilities shall be destroyed in accordance with the requirements of the Sutter County Environmental Health and Yuba City Building Departments.
15. The Developer shall comply with all City requirements related to drainage, including submittal of a drainage plan for any drainage improvements for the proposed development. A drainage analysis, along with calculations, shall be submitted to the City Engineer for approval. The analysis shall include, but is not limited to:
a. Grading and drainage plan showing the proposed drainage conveyance and storage system.
b. Supporting calculations demonstrating adequacy of conveyance capacity and storage volume. The calculation analysis shall meet the requirements of the Yuba City Basin Drainage Study.
c. Storm Drain Collection Systems- For the design of all pipeline conveyance facilities, the Hydraulic Grade Line (HGL) shall be maintained a minimum of one foot below the gutter flow line of all drain inlets and at least one foot below all maintenance hole rims during a 10-year, 24-hour storm event. The storm drain minimum pipe size shall be 12 inches. The minimum velocity shall be 2 fps.
d. Street Flow-The street system shall be designed to convey the 100-year, 24- hour runoff while maintaining a water surface at least 1 foot below the adjacent building pad elevations (or alternatively, the building pad elevations shall be at least 1 foot above the 100-year water level).The grading plan shall ensure that the 100-year, 24-hour runoff can be conveyed through the development and to the receiving drainage facility.
e. Drainage systems (pipes and street systems) shall be designed to accommodate the runoff from the ultimate development of the entire upstream watershed.
f. Detention Basins - A 100-year, 4-day storm shall be used for sizing detention storage facilities. The detention basin release rate from a 100-year, 24-hour storm after development must be equal to or lower than the runoff rate from the detention basin's tributary area before development. g. The drainage analysis shall be completed and stamped by a Professional Engineer and determined by the City Engineer, if necessary, to be comprehensive, accurate, and adequate.
16. The development shall comply with Yuba City’s stormwater requirements and PostConstruction Standards Plan. The Post Construction information can be found here:
https://www.yubacity.net/city_hall/departments/public_works/engineering/stormwate r_management
5 17. All development shall be designed to local, state, and federal flood standards.
18. Developer is to construct street lights along the east side of North Walton Avenue.
Placement of the street lights shall be approximately 250 feet apart, or as approved by the Public Works Director.
19. Any street lighting is a public improvement which shall meet the City Standard Details and be included in the Improvement Plans and Specifications for the development when the improvement plans are submitted for the first improvement plan check.
20. The existing power poles along the property on North Walton Avenue shall be placed underground, or addressed in accordance with the City’s Overhead Utility Policy adopted March 17, 2020, or as otherwise determined by the Public Works Director.
The total lineal foot length of overhead lines along North Walton Avenue is determined to be 693 lineal feet.
21. Any proposed drive gates, and associated hardware locks, shall comply with Municipal Code Section 4-5.02 – Revisions to the 2021 International Fire Code; Security Gates; and be approved by the Fire Department. Said drive gates shall be placed at a distance from North Walton Avenue that allows for safe ingress/egress, as approved by the Public Works Director.
22. Required Improvement Plan Notes:
a. "Any excess materials shall be considered the property of the contractor/owner and shall be disposed of away from the job site in accordance with applicable local, state and federal regulations." b. "During construction, the Contractor shall be responsible for controlling noise, odors, dust and debris to minimize impacts on surrounding properties and roadways. The Contractor shall be responsible for all construction equipment to be equipped with manufacturers approved muffler baffles. Failure to do so may result in the issuance of an order to stop work.”
c. “If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Sutter County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.”
d. "The Contractor(s) shall be required to maintain traffic flow on affected roadways during non-working hours, and to minimize traffic restriction during construction. The Contractor shall be required to follow traffic safety measures in accordance with the CalTrans “Manual of Traffic Safety Controls for Construction and Maintenance Work Zones.” The City of Yuba City emergency service providers shall be notified, at least two working days in advance, of proposed construction scheduled by the contractor(s).” e. “Soil shall not be treated with lime or other cementitious material without prior express permission by the Public Works Department.”
f. “Where an excavation for a trench and/or structure is five (5) feet deep or more, the contractor shall conform to O.S.H.A. requirements. The contractor shall provide a copy of the approved O.S.H.A. permit, and shoring details and
6 calculations prepared by California licensed structural engineer to the Public Works Department.”
g. “Should any field conditions, conflicts, errors, and/or omissions be overlooked during the design review process, or during construction of the development, then any additional work identified during construction shall be implemented by the Developer at the Developer’s expense.”
PRIOR TO ISSUANCE OF A BUILDING PERMIT
23. The property shall petition for formation of a Zone of Benefit of the Yuba City Lighting and Maintenance District for the purpose of maintaining the street lights. The Engineering Division shall be reimbursed actual costs associated with the formation of the district.
24. All applicable fees associated with using the Gilsizer District drainage system shall be paid, or as otherwise determined by the Public Works Director.
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
25. All street lighting shall be constructed in accordance with the improvement plans, dedicated to the City of Yuba City, and energized prior to the issuance of any certificate of occupancy, unless otherwise approved by the Public Works Director.
26. All sidewalks along the City right-of-way shall be free of any non-control joint cracking. In addition, any concrete with cracks, chips, blemishes, and spalling greater than an inch in diameter shall be replaced from control joint to control joint.
27. Prior to issuance of any certificate of occupancy, all underground utilities, public improvements, and site improvements, including rough grading, shall be completed in accordance with City requirements.
ATTACHMENT 2
FRANKLIN RD
N
WA
LT
O
N
AV
E
ANNEKA LN
NEIL DR
P
O
P
P
Y
L
N
WILDFLOWER CIR
H
E
T
H
E
R
NI G
T
O
N
C
RI Merriment Village Apartments
Project Site
Location Map | DP 23-02
I!
ATTACHMENT 3
APRIL 14 , 2023| MR220585.00
2023 BSB Design, Inc.
SHEET INDEX
A-0.0 COVER SHEET/SHEET INDEXA-0.1 SITE PLANA-0.1 PROJECT SUMMARYA-0.2 SITE AERIAL VIEWSA-0.3 SITE VIGNETTES G-01 PRELIMINARY GRADING PLAN
L-1 CONCEPTUAL SITE PLANL-2 CONCEPTUAL SITE PLANL-3 CONCEPTUAL SITE PLAN A-1.0 BUILDING A - EXTERIOR ELEVATIONS - 36 PLEXA-1.1 BUILDING A - EXTERIOR ELEVATIONS - 36 PLEXA-1.2 BUILDING A - LEVEL 1 FLOOR PLAN - 36 PLEXA-1.3 BUILDING A - LEVEL 2 & 3 FLOOR PLAN - 36 PLEXA-1.4 BUILDING A - BUILDING SECTIONSA-2.0 BUILDING B - EXTERIOR ELEVATIONS - 24 PLEXA-2.1 BUILDING B - EXTERIOR ELEVATIONS - 24 PLEXA-2.2 BUILDING B - LEVEL 1 FLOOR PLAN - 24 PLEXA-2.3 BUILDING B - LEVEL 2 & 3 FLOOR PLAN - 24 PLEXA-2.4 BUILDING B - BUILDING SECTIONSA-3.0 BUILDING D - EXTERIOR ELEVATIONS - 44 PLEXA-3.1 BUILDING D - EXTERIOR ELEVATIONS - 44 PLEXA-3.2 BUILDING D - LEVEL 1 FLOOR PLAN - 44 PLEXA-3.3 BUILDING D - LEVEL 2 & 3 FLOOR PLAN - 44 PLEXA-3.4 BUILDING D - BUILDING SECTIONS A-4.0 BUILDING E - EXTERIOR ELEVATIONS - 79 PLEXA-4.1 BUILDING E - EXTERIOR ELEVATIONS - 79 PLEXA-4.2 BUILDING E - COMPOSITE BUILDING PLAN - 79 PLEXA-4.3 BUILDING E - LEVEL 1 FLOOR PLAN - PART PLAN 1A-4.4 BUILDING E - LEVEL 1 FLOOR PLAN - PART PLAN 2A-4.5 BUILDING E - LEVEL 2 to LEVEL 4 FLOOR PLAN - PART PLAN 1A-4.6 BUILDING E - LEVEL 2 to LEVEL 4 FLOOR PLAN - PART PLAN 2A-4.7 BUILDING E - BUILDING SECTIONSA-5.0 UNIT PLANA-6.0 FACILITIES BUILDING - EXTERIOR ELEVATIONSA-6.1 FACILITIES BUILDING - EXTERIOR ELEVATIONSA-6.2 FACILITIES BUILDING - FLOOR PLANA-7.0 COMMUNITY CENTER - EXTERIOR ELEVATIONSA-7.1 COMMUNITY CENTER - EXTERIOR ELEVATIONSA-7.2 COMMUNITY CENTER - FLOOR PLANA-7.3 COMMUNITY CENTER - BUILDING SECTIONSA-8.0 TRASH ENCLOSURE - PLAN & ELEVATIONSA-9.0 MATERIAL AND COLOR BOARD
MECHANICAL SCREENING DIAGRAM
A-1.0 BUILDING A - EXTERIOR ELEVATIONS - 36 PLEXA-1.1 BUILDING A - EXTERIOR ELEVATIONS - 36 PLEXA-1.2 BUILDING A - LEVEL 1 FLOOR PLAN - 36 PLEXA-1.3 BUILDING A - LEVEL 2 & 3 FLOOR PLAN - 36 PLEXA-1.4 BUILDING A - BUILDING SECTIONSA-2.0 BUILDING B - EXTERIOR ELEVATIONS - 24 PLEXA-2.1 BUILDING B - EXTERIOR ELEVATIONS - 24 PLEXA-2.2 BUILDING B - LEVEL 1 FLOOR PLAN - 24 PLEXA-2.3 BUILDING B - LEVEL 2 & 3 FLOOR PLAN - 24 PLEXA-2.4 BUILDING B - BUILDING SECTIONSA-3.0 BUILDING D - EXTERIOR ELEVATIONS - 44 PLEXA-3.1 BUILDING D - EXTERIOR ELEVATIONS - 44 PLEXA-3.2 BUILDING D - LEVEL 1 FLOOR PLAN - 44 PLEXA-3.3 BUILDING D - LEVEL 2 & 3 FLOOR PLAN - 44 PLEXA-3.4 BUILDING D - BUILDING SECTIONS A-0.3 SITE VIGNETTES
G-01 PRELIMINARY GRADING PLAN
L-1 CONCEPTUAL SITE PLANL-2 CONCEPTUAL SITE PLANL-3 CONCEPTUAL SITE PLAN L-4 CONCEPTUAL WALL PLAN
CONCEPT SITE PLAN
A-0.2 PROJECT DATA
A-0.3 SITE AERIAL VIEWSA-0.4 SITE VIGNETTESA-0.5 SITE VIGNETTES A0.02-1 PHASING PLAN - PHASE 1A0.02-2 PHASING PLAN - PHASE 2
34 20
54 26
11 5
15 8 8 15
2 11
12 7 5 1
A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
STAIR 1
STAIR 2
STORAGE
LOBBY
MECH RM.
ELEV.
BIKE CAFE
LAUNDRY RM.
ELECTRICAL
FIRE RISER
UTILITY
23956 SF
Area
GROSS AREA: 5,798 SQ FT
2803 SF
WORK AREA
303 SF
STOR.
165 SF
CHRM. STOR.
281 SF
TOOL ROOM
107 SF
ELEC.
36 SFF.R.
162 SF
OFFICE 2
227 SF
OPEN OFFICES
233 SF
LOCKER ROOM
107 SF
RR
74 SF
RR
32 SF
J.RM
234 SF
BREAK ROOM
212 SF
CONFRENCE ROOM
TRASH
TRASH
TRASH
PEDESTRIANS ACCESS
PROPERTY LINE
PROPERTY LINE
18.0' 28.0' 18.0' 15.0'
3.6'
18.0' 28.0' 18.0'
5.0'
4.8'
8.2'
26.6'
24.9'
18.0'
26.6'
11.3'
7.0'
18.0' 28.0' 18.0' 15.0' 18.0' 28.0' 18.0' 5.0' 10.6'
17.9'
17.5'
21.0'
32.4'
19.4'
13.4'
HC HC
HC HC
HC HC
SIDEWALK
SIDEWALK
R35.0' R35.0' R35.0'
R35.0'
R35.0'
R35.0'
R35.0' R35.0' R35.0'
R55.0'
R35.0'
28.0'
28.0'
GATE
GATE
37.6'
18.0'
20.3'
54.0'
15.4'
18.7'
R55.0'
HC HC
HC HC
VAN
6 EVSE
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
CAPABLE
EV
CAPABLE EVSE EVSE EVSE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE EVSE EVSE EVSE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EVSE EVSE
EVSE EVSE
EVSE EVSE
EVSE EVSE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
HC HC
HC HC HC HC HC HC
HC HC
HC HC
HC HC
HC HC
HC HC
HC HC HC HC
HC HC
EV
CAPABLE
31.6' 24.0'
3 7.0'
COURTYARD
OPEN SPACE
19.4'
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
1 A5.02
B1
STAIR 1
STAIR 2
STORAGE
LOBBY
MECH RM.
ELEV.
BIKE CAFE
LAUNDRY RM.
ELECTRICAL
FIRE RISER
UTILITY
23956 SF
Area
North
0 60'
Scale: 1" = 30' (on 24x36 sheet)
30' 120'
BLDG TYPE B -24 PLEX Apartment, All 1 BR/ 1BA
A
Club house/Supportive Services
- +/-5,000 sf.- Pool
BLDG TYPE A -36 PLEX Apartment, All Studios
BLDG TYPE D -32 PLEX Apartment, All 1 BR/ 1BA
BLDG TYPE E -79 PLEX Apartment, All 2 BR/1 BA
B
A
E
D
Building Type D
- 44 Plex,- All 1 Bedroom/ 1 Bath Unit Type- Office at Ground Level Faculties Building
- +/-7,750 sf.
Building Type B
- 24 Plex- All 1 Bedroom/ 1 Bath- 3 Stories
Building Type E
- 79 Plex
- All 2 Bedrooms/ 1 Bath
- 4 Stories
Building Type A
- 35 Plex- All Studios- 3 Stories
CONCEPT SITE PLAN
APRIL 14 , 2023| MR220585.00
2023 BSB Design, Inc.
A-0.1
BLDG 1A
BLDG 2
BLDG 3
BLDG 4
BLDG 1B
BLDG 5
BLDG 6
PROJECT DATA
APRIL 14 , 2023| MR220585.00
2023 BSB Design, Inc.
A-0.2
POOL
TRASH
ENCLOSURE
1 OF 4
TRASH
ENCLOSURE
2 OF 4
TRASH
ENCLOSURE
4 OF 4
TRASH
ENCLOSURE
3 OF 4
TOT LOT
PHASE 1:
- BUILDING 4- ALL ROADS AND CURBS- ALL UNDERGROUND UTILITIES- (4) TRASH ENCLOSURES
-1
POOL
TRASH
ENCLOSURE
1 OF 4
TRASH
ENCLOSURE
2 OF 4
TRASH
ENCLOSURE
4 OF 4
TRASH
ENCLOSURE
3 OF 4
TOT LOT
PHASE 2:
- BUILDINGS 1A, 1B, 2, 3, 5, 6- LANDSCAPING / POOL / TOT LOT
-2
APRIL 14 , 2023| MR220585.00
2023 BSB Design, Inc.
SITE AERIAL VIEWS
A-0.3
NORTH - EAST NORTH - WEST
SOUTH - EAST SOUTH - WEST
APRIL 14 , 2023| MR220585.00
2023 BSB Design, Inc.
SITE VIGNETTES
A-0.4
APRIL 14 , 2023| MR220585.00
2023 BSB Design, Inc.
SITE VIGNETTES
A-0.5
APRIL 4 , 2023| MR000000.00
2023 BSB Design, Inc.
PLANNING
PRELIMINARY GRADING PLAN
G-01
X
X
X
< SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SS
W
W
< SS
< SD
X
W W W W W W W W W W W W W W W W W W W
W
X X X X X X X X X X X
X X
X X
X X
X
X X X X X X
X X
X X X X
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
X X X X X X X X X X X
X X X X
E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH)
E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH)
E(OH)
HC HC
HC HC
HC HC
HC HC
HC HC
VAN
EVSE
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
CAPABLE
EV
CAPABLE EVSE EVSE EVSE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE EVSE EVSE EVSE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EVSE EVSE
EVSE EVSE
EVSE EVSE
EVSE EVSE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
HC HC
HC HC HC HC HC HC
HC HC
HC HC
HC HC
HC HC HC HC
HC HC
HC HC
HC HC HC HC
HC HC
EV
CAPABLE
Walton Avenue
Existing
Residential
Existing
Residential
Undeveloped
Existing
Residential
SHADE TREE 67
Trees in pedestrian and parking areas to provide shade
Acer rubrum 'Autumn Flame' / Autumn Flame Red Maple 15 gal.
Cinnamomum camphora / Camphor Tree 15 gal.
Pistacia chinensis 'Keith Davey' / Keith Davey Chinese Pistache 15 gal.
Quercus shumardii / Shumard Oak 15 gal.
Ulmus parvifolia 'Allee' TM / Allee Lacebark Elm 15 gal.
STREET TREE 17
Match existing species for continuityGinkgo biloba 'Autumn Gold' TM / Autumn Gold Maidenhair Tree 15 gal.
Platanus x acerifolia / London Plane Tree 15 gal.
Quercus suber / Cork Oak 15 gal.
Zelkova serrata 'Village Green' / Village Green Sawleaf Zelkova 15 gal.
ACCENT TREE 42
Tree with interesting form or flowers
Acer palmatum / Japanese Maple 15 gal.
Cercis occidentalis / Western Redbud 15 gal.
Lagerstroemia indica / Crape Myrtle 15 gal.
Prunus cerasifera 'Krauter Vesuvius' / Krauter Vesuvius Purple-leaf Plum 15 gal.Pyrus calleryana 'Chanticleer' / Chanticleer Callery Pear 15 gal.
EVERGREEN/SCREEN TREE 21
Broadleaf and coniferous evergreen trees to provide screening and year around green trees
Laurus x `Saratoga` / Saratoga Hybrid Laurel 15 gal.
Podocarpus gracilior / Fern Pine 15 gal.NARROW UPRIGHT TREE 40 Tree with upright growth habit for use in narrow spaces and against buildingsBrachychiton populneus / Kurrajong 15 gal.
Quercus x 'Crimschmidt' / Crimson Spire™ Oak 15 gal.
UPRIGHT EVERGREEN 193Evergreen with narrow, upright form to accentuate the building facade Cupressus sempervirens 'Monshel' TM / Tiny Tower Italian Cypress 15 gal.
Juniperus virginiana 'Skyrocket' / Skyrocket Eastern Redcedar 15 gal.Thuja occidentalis 'Smaragd' / Emerald Green Arborvitae 15 gal.
EVERGREEN SHRUB / HEDGE 795
Small to medium hedge, 30"-42" high, may be informal or formal (sheared) hedge, depending on space and locationLigustrum japonicum 'Texanum' / Texanum Privet 5 gal.
Olea europaea 'Little Ollie' TM / Little Ollie Olive 5 gal.
Rhaphiolepis umbellata 'Minor' / Yedda Hawthorn 5 gal.
ACCENT SHRUB 146
Shrub with intersting form, texture or flowers, 30-42" tall.
Hesperaloe parviflora / Red Yucca 5 gal.Perovskia atriplicifolia / Russian Sage 5 gal.Phormium tenax spp. / New Zealand Flax, med/sm varieties 5 gal.Rosa x 'Noaschnee' TM / Flower Carpet White Groundcover Rose 5 gal.
Salvia leucantha / Mexican Bush Sage 5 gal.
INFILL SHRUB 546Evergreen shrub, 30-42" high, for mid ground and mass planting.
Callistemon viminalis 'Little John' / Little John Weeping Bottlebrush 5 gal.Cistus x purpureus / Orchid Rockrose 5 gal.
Dietes iridioides / Fortnight Lily 5 gal.Nandina domestica 'Gulf Stream' TM / Gulf Stream Heavenly Bamboo 5 gal.Pittosporum tobira 'Wheeler's Dwarf' / Wheeler's Dwarf Pittosporum 5 gal.Rhaphiolepis indica / Indian Hawthorn 5 gal.
SMALL ACCENT SHRUBS 427Small shrub with interesting texture or flowers, for mass planting and borders at high visibility locations and entries
Dianella revoluta 'DR5000' TM / Little Rev Flax Lily 1 gal.Dianella revoluta 'Variegated' / Variegated Flax Lily 1 gal.
Liriope muscari 'Majestic' / Majestic Lilyturf 1 gal.Liriope muscari 'Silvery Sunproof' / Silvery Sunproof Lilyturf 1 gal.
Salvia microphylla / Graham Sage 1 gal.
Zauschneria californica / California Fuchsia 1 gal.
VINE 9
Clinging vine at walls to provide screening and deter graffiti Ficus pumila / Creeping Fig 5 gal.Parthenocissus tricuspidata / Boston Ivy 5 gal.
ORNAMENTAL GRASS 3,931 sf
Bouteloua gracilis / Blue Grama Grass 1,816 1 gal. 18" oc Calamagrostis x acutiflora `Karl Foerster` / Feather Reed Grass 334 5 gal. 42" ocCarex tumulicola / Foothill Sedge 1,022 1 gal. 24" ocChondropetalum tectorum / Cape Rush 454 5 gal. 36" oc Muhlenbergia capillaris / Pink Muhly Grass 164 5 gal. 60" ocMuhlenbergia dubia / Pine Muhly 454 1 gal. 36" ocMuhlenbergia rigens / Deer Grass 164 5 gal. 60" oc
CONCEPT PLANT SCHEDULE
BIO-FILTRATION PLANTING 5,623 sfGrasses and grasslike plants suitable for use in areas of potentialinundation. Plant species shall conform to any local guidelines of plantlists for these types of facilities.
Carex tumulicola / Foothill Sedge 1,462 1 gal. 24" oc
Juncus patens `Carman`s Grey` / Spreading Rush 936 1 gal. 30" oc Muhlenbergia rigens / Deer Grass 234 5 gal. 60" oc
SPREADING GROUND COVER 18,087 sf
Low ground cover, 6"-24", for mass planting
Arctostaphylos x 'Emerald Carpet' / Emerald Carpet Manzanita 2,089 1 gal. 36" oc Baccharis pilularis 'Twin Peaks#2' / Twin Peaks #2 Coyote Brush 752 1 gal. 60" oc Coprosma petriei 'Verde Vista' / Verde Vista Mirror Plant 1,535 1 gal. 42" ocCotoneaster dammeri 'Lowfast' / Lowfast Bearberry Cotoneaster 752 1 gal. 60" oc Juniperus horizontalis 'Blue Chip' / Blue Chip Juniper 1,175 1 gal. 48" oc Myoporum parvifolium 'Prostratum' / Prostrate Trailing Myoporum 752 1 gal. 60" oc Rosmarinus officinalis 'Huntington Carpet' / Huntington Carpet Rosemary 752 1 gal. 60" oc ACCENT GROUND COVER 12,655 sf
Low planting, 6"-30", with interesting form, texture or flowers.
Hemerocallis spp. / Daylily species 1,462 1 gal. 36" oc Lomandra longifolia 'Breeze' TM / Breeze Mat Rush 1,462 1 gal. 36" oc Trachelospermum jasminoides / Chinese Star Jasmine 822 1 gal. 48" ocVerbena x hybrida / Verbena 2,105 1 gal. 30" oc LAWN 14,870 sf
Natural turf/sod for passive recreation
-
SYNTHETIC TURF 288 sfSynLawn or equal-
DECOMPOSED GRANITE 1,277 sf
May include stabilizer, min. 3" depth
-
MULCH 1,769 sfBark mulch area, for ease of maintenace and lessening of water demand, used at low visibility areas/back of building
NORTH
Sheet L1 - Conceptual Site Plan
Merriment Apartments - Yuba City, CA
0' 20' 40' 80'scale: 1" = 40'-0"
25 May 2023
C:\Users\User\Dropbox\SHLA\Projects\2023\23-04-Habitat for Humanity Yuba City\Tasks-CAD\Prelim\23-04-LSPrelim.dwg
VICINITY MAP
ProjectLocation
Picnic
Picnic
See enlarged
plan on
Sheet L2
See enlarged
plan on
Sheet L3
LANDSCAPE AREA CALCULATIONSTotal Site Area: 343,592 sfTotal Landscape Area: 94,713 sf Irrigated planter: 70,155 sf
Bio-swale: 6,354 sfLawn: 14,870 sf
Inert: 3,334 sf
Percentage of Total Site as Landscape: 28 %
PRELIMINARY WELO CALCULATIONS
Plant Type
The calculations provided below are an initial estimate of water usage for the planting and irrigation design being proposed with this plan. Hydrozones are approximated and may change with the final design, but the overall intent will remain and compliance with WELO will be achieved.
Shrubs
Water Use (perWUCOLS)
Moderate
Type of
Irrigation (IE)Drip (0.81)
Hydrozone
Area (sf)
10,938 sf
PlantFactor
0.5 Shrubs Low Drip (0.81) 59,217 sf 0.3
Total:
Estimated Total Water Use (ETWU):Maximum Applied Water Allowance (MAWA): 1,464,545 gal. 1,316,859 gal.
City (ETo): Yuba City (46.5)
Estimated Average ETAF:Maximum Allowable ETAF: 0.45
0.39 Bio-swale Low Drip (0.81) 6,354 sf 0.3
91,379 sf
WELO COMPLIANCE
This project has been designed to conform with the State's Model Water Efficient Landscape Ordinance (MWELO).
IRRIGATION DESIGN
The irrigation on the site will use drip irrigation, will meet the City's requirements, and will comply with the requirements of WELO. Equipment will include dedicated irrigation meter, smart controller, weather sensor, and efficient irrigation emitters, nozzles, and other equipment.
PLANTING DESIGN
The landscape design uses water-wise plant species suitable for this region and that are low maintenance and durable, uses trees to shade paved areas, and plants have been grouped intohydro-zones. References used for the landscape design include published information from the local jurisdiction, Sunset Western Garden Book and WUCOLS.
SLA (lawn) 14,870 sf
ETWU (gal.)
194,656632,306428,702
67,847
1,323,511
Note: hatch symbols in legend are at 20-scale; trees and shrub symbols are not to scale Pool
DogRun
Open
Lawn
Community
Garden
Play
Area
Community
Building
Leasing and
Community
Use
Building
A
Building D
Building E
Building B Building C
Planter area - see
enlarged plans
included this plan set
for planting detail
Facilities
Building
PARKING LOT SHADE CALCULATIONS
Shade area on plans is identified with the hatch symbol shown here and conforms to the municipality's guidelines. Tree diameters per species is based on published City documentation or the Sunset Western Garden Book.
Tree Type Area at
100%
(sf)
100% 75% 50% 25% Subtotal
sf qty. sf qty. sf qty. sf qty.
Parking Lot Shade Tree 962 16354 17 4329 6 14911 31 0 0 35594 sf Evergreen / Screen Tree 706 0 0 0 0 6707 19 530 3 7237 sf Total shade provided: 42831 sf
Parking area: 83945 sf
Percentage of shade provided (0.5 min. req'd): 0.51
MINIMUM OPEN SPACE / RECREATION TABLE
Calculations to show compliance with YCMC Sec. 8-5.703. Area included in calculationsincludes the central amenity area, see outline above. Additional recreational areas, such asprivate balconies and recreation room(s) are not included in this calculation.
Total number of units: 217
Required Min. Open Space (200 sf/unit): 43,400 sfProvided Open Space Area: 48,988 sf. (226 sf/unit) Area used to
determine Codecompliance for
recreation spaceprovided per unit
30'-0" Cont.
100%
100%
100%
100%
100%
100%
100%
100%
50%
50%
50%
50% 50% 50% 50%
50%
50% 50%
50% 50% 50% 50% 50% 50% 50%
50%
50%
50%
50%
50%
50%
50%
50%
50%
50% 50% 50%
75%
75%
X
< SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD W
W W
< SS
< SD < SD < SD
W W W W W W W W W W W W W W W W W W
X X X X X X X X X X X X X X X X X X X X X X X
X X X
X
X
X
X
X X
X X X
X X
X X X X X X X X X X X X X
X X X X X
X X X X
X X X X X X X X
X X X X X X X X X X X X X X X X X X X X X X X X
X X
X X X X X X X X X E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH)
E(OH) E(OH) E(OH) E(OH)
E( E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) W
E(OH) E(OH)
E(OH)
HC HC
HC EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
EADY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EVSE
EVSE EVSE
EVSE EVSE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
HC HC
HC HC HC HC
HC HC
HC HC HC HC
HC HC
Pool
Open Lawn
Walton Avenue
Existing
Residential
Existing
Residential
Play Area
Community
Building
Leasing and
Community Use
Building E
Building D
DogRun
NORTH
Sheet L2 - Conceptual Site Plan
Merriment Apartments - Yuba City, CA
Trash enclosure, see
architect's plan
0' 10' 20' 40'scale: 1" = 20'-0"
25 May 2023
C:\Users\User\Dropbox\SHLA\Projects\2023\23-04-Habitat for Humanity Yuba City\Tasks-CAD\Prelim\23-04-LSPrelim.dwg Clinging vines on walls to
trash enclosure to deter graffiti
Evergreen screen trees
along project edge atexisting residential uses
Evergreen hedge alongproperty line
Low ground cover at car
overhang area
Parking lot shade tree with lowplanting beneath to keep views open through parking area
Masses of shrubs, grasses,
and ground cover of differentcolors, textures and sizescreate a cohesive andaesthetic landscape theme throughout the site
Evergreen shrubs with an
upright growth habit to
accentuate the building design
Medium height evergreenhedge (fence height) atperimeter of dog runParking lot area for minimum shade requirement calculations,see table on Sheet L1
Accent plants at building
corner
Evergreen plants along
building footprint
Accent tree and low accent
planting at building entry
Evergreen hedge alongproperty line
Parking lot shade tree with low
planting beneath to keep views
open through parking area
Flowering accent tree and
planting at corner of building
Seat wall planter with accent
tree
Accent plants with spiky
texture in narrow planter
between walkway and patio
Picnic pavilion with shade
structure
Seating area with shade tree
near play area
Turf area within pool fence
with pool furniture
Seating area at dog run
Vinyl-coated chain link fence
at perimeter of dog run
Synthetic area for flex spaceoutside multi-use room
Benches with shade tree atplay area
Concrete pool deck
Multi-age play area
Open lawn for passive
recreation
Trees with narrow growth
habit at narrow planters and
against buildings
Bio-swale with plants that can
handle infrequent inundation;
final limits of swale per civil
engineer's design
Street trees spaced at regular
intervals along Walton Avenue
frontage
Accent trees and
planting at entry
Evergreen hedge to
screen parked cars
30'-0" 30'-0" 30'-0" Cont.
100%
100%
100%
100%
100%
100% 100%
100%
100%
50%
50%
50%
50% 50%
50% 50%
50%
50%
50%
50% 50%
50%
50%
50%
50%
50%
50%
50%
50%
50%
75%
75%
75%
75%
S < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD
< SD < SD
< SS < SS
< SD
W W W W W W W W W W W W W W W W W W W W
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
X X X X X X X
X X X X X X X X X X X X X X X X X X X X X X X
X X X X
E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH
E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH)
E(OH) E(OH)
HC HC
HC HC
HC HC
HC
VAN
EVSE
EV
CAPABLE
EV
CAPABLE EVSE EVSE EVSE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE EVSE EVSE EVSE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READ
EVSE EVSE
EVSE
EV
CAPABLE
EV
CAPABLE
HC HC
HC HC HC HC
HC HC
HC HC
HC HC HC HC
EV
CAPABLE
Community
Garden
Walton Avenue
Existing
Residential
Existing
Residential Undeveloped
Building A
Building B Building C Building E
Leasing and
Community Use
Pool
Facilities
Building
NORTH
Sheet L3 - Conceptual Site Plan
Merriment Apartments - Yuba City, CA
0' 10' 20' 40'scale: 1" = 20'-0"
25 May 2023
C:\Users\User\Dropbox\SHLA\Projects\2023\23-04-Habitat for Humanity Yuba City\Tasks-CAD\Prelim\23-04-LSPrelim.dwg Trash enclosure, see
architect's plan
Clinging vines on walls to
trash enclosure to deter graffiti
Masses of shrubs, grasses,
and ground cover of differentcolors, textures and sizescreate a cohesive andaesthetic landscape themethroughout the site Evergreen shrubs with an
upright growth habit to
accentuate the building design
Trees with narrow growth
habit at narrow planters and
against buildings
Evergreen plants along
building footprint
Accent tree at corner of
community building and main
pedestrian walkway
Parking lot shade tree with lowplanting beneath to keep views open through parking area
Picnic pavilion with shade
structure
Concrete pool deck
Trees with narrow growth
habit at narrow planters and
against buildings
Bio-swale with plants that can
handle infrequent inundation;
final limits of swale per civil
engineer's design
Street trees spaced at regular
intervals along Walton Avenue
frontage
Accent trees and
planting at entry
Evergreen hedge to
screen parked cars
Masses of shrubs, grasses, and ground
cover of different colors, textures and
sizes create a cohesive and aesthetic
landscape theme throughout the site
Parking lot shade tree with lowplanting beneath to keep views open through parking area
Trash enclosure, seearchitect's plan
Clinging vines on walls
to trash enclosure todeter graffiti
Street trees spaced at regularintervals along Walton Avenue frontage
Community garden with
raised planters, compostbins, and decomposed
granite pavingShade structure
with picnic table
Tool shed
Evergreen screen trees
along project edge atexisting residential uses
Evergreen hedge along
property line
Evergreen hedge along
property line
Parking lot shade tree with lowplanting beneath to keep views open through parking area
Accent tree and planting at main
entry to building
Mulch ground cover at the back
side of the building for ease of
maintenance and to lessen
water demand for the site
Accent planting at
entry
Low planting along
edge of walkway
Evergreen shrubs with
an upright growth habit
to accentuate the
building design
Parking lot area for minimum
shade requirement calculations,see table on Sheet L1, typ.
X
X
X
< SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SS < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SD < SS
W
W
< SS
< SD
X
W W W W W W W W W W W W W W W W W W W
W
X X X X X X X X X X X
X X
X X
X X
X
X X X X X X
X X
X X X X
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
X X X X X X X X X X X
X X X X
E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH)
E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH) E(OH)
E(OH)
HC HC
HC HC
HC HC
HC HC
HC HC
VAN
EVSE
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
CAPABLE
EV
CAPABLE EVSE EVSE EVSE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE EVSE EVSE EVSE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EV
READY
EVSE EVSE
EVSE EVSE
EVSE EVSE
EVSE EVSE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
EV
CAPABLE
HC HC
HC HC HC HC HC HC
HC HC
HC HC
HC HC
HC HC HC HC
HC HC
HC HC
HC HC HC HC
HC HC
EV
CAPABLE
Walton Avenue
Existing
Residential
Existing
Residential
Undeveloped
Existing
Residential
NORTH
Sheet L4 - Conceptual Wall Plan
Merriment Apartments - Yuba City, CA
0' 20' 40' 80'scale: 1" = 40'-0"
28 June 2023
C:\Users\User\Dropbox\SHLA\Projects\2023\23-04-Habitat for Humanity Yuba City\Tasks-CAD\Prelim\23-04-LSPrelim_rev01.dwg Picnic
Picnic
WALL AND FENCE LEGEND
Perimeter wall, solid precast concrete, 6'-0" height
Pool
DogRun
Open
Lawn
Community
Garden
Play
Area
Community
Building
Leasing and
Community
Use
Building
A
Building D
Building E
Building B Building C
Planter area - see
enlarged plans
included this plan set
for planting detail
Facilities
Building
Provide solid screen
fence/wall along project
perimeter. See image this
sheet.
Scale: 3/4" = 1'-0"
FN-TubeSteel_1.dwg
Tube Steel Fence
Notes:
1. Submit shop drawings for
approval.
2. Powder-coat finish, U.O.N.
Color to be selected.
3. Maintain fence min.
2"/max4" from finish face of
buildings or built elements,U.O.N.
Ht. varies, per callout
5'-0" min. at pool enclosure
24"
embed.
8"Ø
2"
30" 1 1/2"
2"
8"
30" Ht. varies 1-1/2"
4" oc
(max), typ.
Sq. post cap 1x2 TS rail, center
on post, cont.
weld at post, top,
mid and bottom
Center picket on rails,
cont. weld all sides
3 4" square TS
picket
2" sq. TS post at6'-0" oc max., atcorners and changes
in direction
Concrete footing
Slope top of
footing to drain
Top rail
Post cap
Picket,
center on
rails
Post
Bottom rail
Concrete
footing
FG FG
8" o.c.
Mid rail
Scale: none
Perimeter Wall
Perimeter Wall
Tube steel fence, see detail this sheet. Fence height per location as called out on the plan
Chain link fence with vinyl coating at dog run area, 48" height 6'-0" high tube steel fence,sliding vehicle gate in this location
6'-0" high tube steel
fence
6'-0" high tube steel fence,
swinging vehicle gate in this
location (2 leaves each
opening in direction of travel
5'-0" high tube steel fence
for pool enclosure