City of Yuba City –2021-2029 Housing Element Update 132 The City has two COVID-19 related programs:
1. Mortgage Assistance: Provides up to 90 days of mortgage assistance to qualified residents who are behind in mortgage. Funded by the Federal Cares Act – CDBG-CV. Approximately 30-40 households will be assisted.
2. Emergency Winter Shelter Program: Provided funding in winter 20/21 that allowed the emergency winter shelter to be open for additional days and nights. Provided funding to the shelter to cover the COVID-19 costs that have increased operation costs. The program may be used in winder 21/22. Funded by CDBG-CV. Approximate number of people assisted are a nightly average of 23 guests and a total of 110 individual people during the winter season.
Section 8 Housing Choice Voucher Program
The Section 8 Housing Choice Voucher Program is intended to assist very low-income families in renting safe and sanitary housing. Under the Housing Choice Voucher Program, the very low-income household is responsible for finding appropriate housing within the private market. Families who receive vouchers can select units with rents that are either below or above market rate. HUD mandates that voucher recipients must pay 30 percent of their monthly adjusted gross income for rent and utilities. If the household chooses a unit where costs are greater than market rate, the voucher recipient is expected to pay the additional amount. Fiscal year 2020 HUD-established fair-market monthly rents for Sutter County are $838 for studios, $844 for one-bedroom units, $1,087 for two-bedroom units, $1,568 for threebedroom units, and $1,908 for four-bedroom units.
The Regional Housing Authority oversees Yuba, Sutter, Colusa, and Nevada Counties with one waitlist for housing vouchers (Section 8). According to an Occupancy Manager for the Voucher Program at the Regional Housing Authority, the waitlist is closed (January 2021). The waitlist is not sorted by current place of residence, so it is impossible to know how many current Yuba City residents are on it. There are 1,751 total vouchers for Yuba, Sutter, Colusa, and Nevada Counties. The Housing Authority does not allocate a specific number of vouchers per county. As of January 2021, 576 vouchers were in use in Yuba City.
Table 7-2 indicates the properties available for rental voucher housing assistance as of December 2020.
According to the Regional Housing Authority, there were approximately nine properties participating in Section 8 rental voucher housing assistance in Yuba City. The available properties provide affordable housing to various special-needs groups, including seniors, disabled, and developmentally disabled individuals, and agricultural families/individuals. In addition to the properties listed in Table 7-2, the Regional Housing Authority owns multiple properties in Yuba City for affordable housing opportunities through the Neighborhood Stabilization and Homes2Families programs.
Table 7-2: Properties Available for Rental Voucher Housing (2020) Kingwood Commons 64
Office of Migrant Services 75
Percy Avenue 8
Richland Public Housing 99
Richland Rural Development 190
River City Manor 24
Teesdale Housing 2
Town Center Senior Manor 28
Yolo Heiken 5
Total 495
Source: Regional Housing Authority, December 2020
City of Yuba City –2021-2029 Housing Element Update 133 Additional Funding Sources for Affordable Housing
In addition to the funding programs available through the City and County, there are several state and federal funding programs that assist first-time homebuyers, build affordable housing, and help specialneeds groups, such as seniors and large households, as listed in Table 7-3. In most cases, other entities, including for-profit and nonprofit developers, apply for funds or other program benefits. For example, developers apply directly for Section 202 grants. In general, the City relies upon the private sector to develop new affordable units.
Table 7-3: Federal, State, and Private Housing Funding Programs Program Name Description Eligible Activities
Federal Programs
Community
Development Block
Grant (CDBG)
Program
The Department of Housing and Urban Development
(HUD) awards Community Development Block
Grants annually to entitlement jurisdictions and states for general activities, including housing, and
economic development activities. HUD also offers
various other programs that can be use by the City
and nonprofit and for-profit agencies for the
preservation of low-income housing units, such as
Section 202 and Section 108 loan guarantees.
The annual appropriation for CDBG is split between
states and local jurisdictions called “entitlement
communities.”
Acquisition
Rehabilitation
Homebuyer Assistance
Economic Development
Assistance
Homeless Assistance
Public Services
Infrastructure Replacement
HOME Investment
Partnerships
Program
The Home Investment Partnerships Program (HOME)
was created under the Cranston Gonzalez National
Affordable Housing Act enacted in November 1990.
HOME funds are awarded annually as formula grants
to participating jurisdictions. HUD establishes Home
Investment Trust Funds for each grantee, providing a
line of credit that the jurisdiction may draw upon as
needed. The program’s flexibility allows states and
local governments to use HOME funds for grants,
direct loans, loan guarantees, or other forms of credit enhancement or rental assistance or security deposits.
Acquisition
Rehabilitation
Homebuyer Assistance
Rental Assistance
Housing Choice
Voucher (HCV)
Rental Assistance
(Section 8)
Provides rental assistance payments to owners of
market-rate properties on behalf of very low-income
tenants.
Rental Assistance
Section 811
Provides grants to nonprofit developers of supportive
housing for disabled persons. The grants may be used
to construct or rehabilitate group homes, independent
living facilities, and intermediate care facilities. The grants may also have a rental assistance component.
Acquisition
Rehabilitation
New Construction
Rental Assistance
City of Yuba City –2021-2029 Housing Element Update 134 Program Name Description Eligible Activities
Section 203(k)
Provides fixed-rate, low-interest loans to
organizations wishing to acquire and rehabilitate
property.
Land Acquisition
Rehabilitation
Refinancing of Existing
Debt
Section 202 Grants to private nonprofit developers of supportive housing for very low-income seniors. New Construction
Low-Income
Housing Tax
Credits (LIHTC)
In 1986, Congress created the federal Low-Income
Housing Tax Credits to encourage private investment
in the acquisition, rehabilitation, and construction of low-income rental housing. Because high housing
costs in California make it difficult, even with federal credits, to produce affordable rental housing, the
California legislature created a state low-income
housing tax credit program to supplement the federal
credit. The state credit is essentially identical to the federal credit, the Tax Credit Allocation Committee
allocates both, and state credits are only available to projects receiving federal credits. Twenty percent of
federal credits are reserved for rural areas and 10
percent for nonprofit sponsors. To compete for the
credit, rental housing developments have to reserve
units at affordable rents to households at or below 46
percent of area median income. The targeted units
must be reserved for the target population for 55
years.
New Construction
Mortgage Credit
Certificate Program
Offers income tax credits to first-time homebuyers.
The County distributes the credits. Homebuyer Assistance Supportive Housing
Program (SHP)
Offers grants to agencies who offer supportive
housing and services to the homeless.
Transitional Housing
Housing for Disabled
Persons
Supportive Housing
Support Services
Community
Reinvestment Act
The Community Reinvestment Act (CRA), enacted
by Congress in 1977, is intended to encourage
depository institutions to help meet the credit needs
of the communities in which they operate, including
low- and moderate-income neighborhoods, consistent
with safe and sound banking operations. The CRA
requires that each insured depository institution’s
record in helping meet the credit needs of its entire
community be evaluated periodically. That record is
taken into account in considering an institution’s
application for deposit facilities, including mergers
and acquisitions.
New Construction
Rehabilitation
Acquisition
Support Services
Supportive Housing
Homebuyer Assistance
City of Yuba City –2021-2029 Housing Element Update 135 Program Name Description Eligible Activities
State Programs
Emergency
Solutions Grant
Awards grants to nonprofits for the provision of
shelter support services. Support Services
Multifamily
Housing Program
(MHP)
Provides loans for new construction, rehabilitation,
and preservation of affordable rental housing.
Payments on the loans are deferred for a specified
period of time.
New Construction
Rehabilitation
Preservation
CalHOME
Provides grants to local governments and nonprofit
agencies for homebuyer assistance, rehabilitation, and
new construction. The agency also finances
acquisition, rehabilitation, and replacement of
manufactured homes.
Homebuyer Assistance
Rehabilitation
New Construction
California Self-Help
Housing Program
Provides grants for the administration of mutual selfhelp housing projects.
Homebuyer Assistance
New Construction
Administrative Costs
Emergency Housing
and Assistance
Program
Provides grants to support emergency housing.
Shelters
Transitional Housing
Affordable Housing
and Sustainable
Communities
Program
Provides funding to support infill development
projects with the goal of reducing greenhouse gas
emissions.
New Construction
Rehabilitation
Veterans Housing
and Homeless
Prevention Program
Provides funding to buy, construct, rehabilitate or
preserve affordable multifamily housing for veterans
and their families.
Acquisition
Construction
Rehabilitation
Preservation
SB2 – Building
Jobs and Homes
Act
Provides planning grant funding to jurisdictions for
plans and process improvements that will help to
accelerate housing production.
Technical Assistance
Planning Document
Updates
Local Early Action
Planning (LEAP)
Grants
The Local Action Planning Grants (LEAP), provides
over-the-counter grants complemented with technical
assistance to local governments for the preparation
and adoption of planning documents, and process
improvements that:
Accelerate housing production
Facilitate compliance to implement the sixth-cycle
Regional Housing Needs Assessment.
Housing element updates
Updates to zoning, plans
or procedures to
increase/accelerate
housing production
Pre-approved
architectural and
site plans
Establishing State-defined
Pro-housing policies
See complete list in
program materials
City of Yuba City –2021-2029 Housing Element Update 136 Program Name Description Eligible Activities
No Place Like
Home
Through a County application process, provides loans
to acquire, develop, preserve, or rehabilitate
permanent supportive housing facilities.
Permanent Supportive
Housing
Infrastructure Infill
Grant
Provides gap financing for infrastructure
improvements necessary to support the development
of affordable infill housing.
Infrastructure
Improvements
Local Housing
Trust Fund Program
Provides matching grants to funds provided by Local
Housing Trust Funds.
Site Acquisition
Site Development
Homebuyer Assistance
Transitional Housing
Emergency Shelter
Multifamily Housing
Transit Oriented
Development
Program
Supports the development of affordable multifamily
rental housing near transit stations through lowinterest loans.
New Construction
Rehabilitation
Infrastructure
Improvements
CalHFA Programs
Affordable Housing
Partnership
Program (AHPP)
Provides lower interest rate CalHFA loans to
homebuyers who receive local secondary financing. Homebuyer Assistance Self-Help Builder
Assistance Program
Provides lower interest rate CalHFA loans to ownerbuilders who participate in mutual self-help housing projects. Also provides site acquisition, development
financing, and construction financing for self-help
projects.
Homebuyer Assistance
Site Acquisition
Site Development
Home Construction
California Housing
Assistance Program
Provides 3% silent second loans in conjunction with
97% CalHFA first loans to give eligible homebuyers
100% financing.
Homebuyer Assistance
Extra Credit
Teacher Program
Provides $7,500 silent second loan with forgivable
interest in conjunction with lower-interest-rate
CalHFA first loans to assist eligible teachers in
buying homes.
Homebuyer Assistance
Housing Enabled by
Local Partnerships
Provides 3% interest rate loans, with repayment terms
up to 10 years, to local government entities for locally determined affordable housing priorities.
Wide Range of Eligible
Activities
Predevelopment
Loan Program
The California Department of Housing and
Community Development (HCD) administers the
program, which provides funds to pay the initial costs
of developing affordable housing developments.
Priority is given to applications with matching
financing from local redevelopment agencies or
federal programs.
Pre-development
City of Yuba City –2021-2029 Housing Element Update 137 Program Name Description Eligible Activities
Multifamily
Housing Program
HCD conducts the acquisition and rehabilitation
component of the Multifamily Housing Program to
acquire and rehabilitate existing affordable rental
housing. Priority is given to projects currently subject to regulatory restrictions that may be terminated.
Assistance is provided through low interest
construction and permanent loans. Eligible applicants
include local government agencies, private nonprofit
organizations, and for-profit organizations.
Rental Acquisition
Rental Rehabilitation
Transitional
Housing Program
for Emancipated
Foster/Probation
Youth (THP-Plus)
This program provides funds for housing and services
for persons who need support services for transitionage youth.
Supportive Housing
Foster Care
Special Needs
Housing Program
Allows local governments to use Mental Health
Services Act (MHSA) funds to finance the
development of permanent supportive rental housing.
New Construction
Supportive Housing
Home Mortgage
Purchase Program
CalHFA sells bonds to raise funds for providing
below-market-rate loans to qualifying first-time
homebuyers.
Homebuyer Assistance
Local Programs and Private Sources
Federal Home Loan
Bank System
Facilitates affordable housing programs (AHP),
which subsidize the interest rates for affordable
housing. The San Francisco Federal Home Loan
Bank District provides local service in California.
Interest rate subsidies under the AHP can be used to
finance the purchase, construction, and/or
rehabilitation of rental housing. Very-low-income
households must occupy at least 20% of the units for
the useful life of the housing or the mortgage term.
Acquisition
New Construction
Rehabilitation
Tax Exempt
Housing Revenue
Bond
Housing mortgage revenue bonds can be provided,
which require the developer to lease a fixed
percentage of the units to low-income families at
specific rental rates.
New Construction
Rehabilitation
Acquisition
Federal National
Mortgage
Association (Fannie
Mae)
Fannie Mae offers a variety of mortgages, including
traditional fixed-rate, low down-payment for
underserved low-income areas, and mortgages that
fund the purchase and rehabilitation of a home.
Homebuyer Assistance
Rehabilitation
California
Community
Reinvestment
Corporation
Nonprofit mortgage banking consortium designed to
provide long-term debt financing for affordable
multifamily rental housing. Nonprofit and for-profit
developers contact member banks.
New Construction
Rehabilitation
Acquisition
Freddie Mac
HomeOne and
Renovation
Mortgages
Provides down-payment assistance to first-time
homebuyers and second mortgages that include a
rehabilitation loan.
Homebuyer Assistance
Rehabilitation
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City of Yuba City –2021-2029 Housing Element Update 139 8 Program Accomplishments
This chapter assesses the achievements of the 2013–2021 Housing Element, in accordance with state housing law.
Review of Policies and Implementing Actions
Table 8-1 provides a summary of the City’s progress with regard to implementing programs contained in the 2013–2021 Housing Element, the effectiveness of these programs, and whether the programs will be continued in the 2021–2029 Housing Element.
Government Code Section 65588 requires that local governments review the effectiveness of the housing element goals, policies, and related actions to meet the community’s special housing needs. As shown in the Review of Previous Housing Element matrix (Table 8-1), the 2013 - 2021 Housing Element included several programs that addressed housing for chronically homeless and persons with disabilities, housing for extremely low-income households, and farmworker housing. Some of the accomplishments are highlighted below:
• The City approved a new a new, 40-unit apartment complex, New Haven Court, which opened in April 2021. New Haven Court is managed in partnership by Hands of Hope and Sutter-Yuba Behavior Health and provides housing for special-needs populations (chronically homeless and persons with disabilities) earning up to 50% Area Median Income (AMI). The City offered development fee reductions and permitted reduced parking requirements to support the development of the New Haven Court project.
• In January 2021, the City approved a 176-unit affordable apartment complex, Richland Village Project, to house individuals and families for income levels ranging from 30% or below to a maximum of 60% AMI. The City offered reduced development impact fees to support the development of this project.
• The Housing Authority developed a 10-unit farmworker project located in Richland Housing that was completed in 2015. The Housing Authority maintains 190 units of farmworker housing at Richland Farm and an additional 99 beds of migrant worker housing at its Richland Public Housing.
City of Yuba City –2021-2029 Housing Element Update 140 Program Progress Continue/Modify/Remove
H-A-1 Continue to enforce City building, fire, health, and zoning codes to remedy existing pockets of blight and deterioration to conserve and improve the condition of existing affordable housing stock in coordination with rehabilitation and other infrastructure improvement programs. This includes continuing to offer Single-Family and Multi-Family Rehabilitation Programs and continuing to partner with a rehabilitation housing consultant to offer the Housing Rehabilitation Program. Conduct a Housing Condition Survey prior to completion of the 6th cycle Housing Element update.
The City met periodically with the Regional Housing Authority’s rehabilitation consultant to target efforts as a part of their ongoing partnership. The Regional Housing Authority continued to offer the Housing Rehabilitation Program for single-family housing.
Over the planning period, 15 homes were rehabilitated through the Housing Rehabilitation Program. The City received Community Development Block Grant (CDBG) funding in 2018 ($650,001), 2019 ($647,714), and 2020 ($666,760) to provide rehabilitation loans, among other activities. The City has not received any recent requests to assist with multifamily rehabilitations. In 2018, the City received HOME funds ($500,000), a portion of which supported rehabilitation loans. The Housing Condition Survey was not completed. The City continues to monitor housing conditions through Code Enforcement and the Building Department.
Continue and update
H-A-2 Continue the City’s policy which allows for second family residences within single-family residential neighborhoods by reducing lot coverage requirements and allowing for tandem parking when setback requirements are met. In addition, the zoning code will be amended to allow second family residences in all residential zones as follows:
• Amend the zoning code to allow second family
residences (second units) ministerially in the R-2 and R-3 zones per state law.
The City amended the zoning code to allow accessory dwelling units (ADUs; second units) ministerially in the R-2 and R-3 zoning districts to comply with state law.
Modify: City will continue to monitor all state ADU laws and update the zoning code as needed. City will promote ADU construction.
City of Yuba City –2021-2029 Housing Element Update 141 Program Progress Continue/Modify/Remove
H-A-3 The City will amend the zoning code to address the requirements of AB 2634 and allow single-room occupancy (SRO) housing without a use permit in the C zones as other residential uses are regulated in the City’s zoning code. SROs are one housing type appropriate for extremely low-income households.
The City has not yet amended the zoning code to allow single-room occupancy (SRO) housing in the C zoning district.
Continue
H-A-4 The City will continue to ensure that zoning standards and development requirements facilitate the construction of a diversity of housing types, including apartment complexes, group housing, and townhomes in order to meet the needs of all households and income levels. Understanding that higher-density housing often means more affordable housing, the City will continue to encourage development at the higher end of the density range in land designated as low/medium and medium/high density residential in the General Plan through the following actions:
• Provide density bonuses in accordance with
Sections 65915 through 65918 of the California Government Code. • Continue to negotiate alternative development
standards such as alternative parking standards, street improvement standards, maximum density, and lot coverage.
The zoning code allows density bonuses. In 2021, the City approved a multifamily housing project with 176 units through a density bonus. This project, Richland Village, is located on 170 Bernard Drive abutting the Sutter County Airport property. It will include 8 multiunit buildings with a community center. Staff continues to encourage the development of a diversity of housing types through promoting alternative development opportunities such as density bonuses when they meet with interested developers.
Continue
City of Yuba City –2021-2029 Housing Element Update 142 Program Progress Continue/Modify/Remove
H-A-5 Develop regulations for condominium conversions that minimize displacement of lower-income residents and prevent the loss of affordable housing units; conversions can be allowable as an opportunity for homeownership for current residents.
The zoning code regulates condominium conversions
in accordance with the intent of this program.
Remove
H-B-1 The City will continue to apply for additional funding, as funding becomes available, to encourage and facilitate the purchase of affordable housing units by low-income households through the First-Time Home Buyers Program.
The City has continued to apply for HOME and CalHome funding. In 2018, the City received HOME funds ($500,000), a portion of which supported firsttime homebuyer loans. During the planning period, 16 first-time homebuyers were assisted with loans.
Continue
H-B-2 Continue to strive to increase the number of extremely low-, very low-, and low-income households receiving rental assistance and support applications by the Regional Housing Authority of Sutter & Nevada Counties for Section 8 Housing Choice Vouchers as well as Article 34 referenda requests. In addition, support increase in the number of these types of households receiving rental assistance through Tenant Based Rental Assistance via HOME.
The City continued to work with Regional Housing Authority to expand the use of Housing Choice Vouchers (Section 8) in Yuba City. Through its partnership with the Regional Housing Authority, Yuba City increased housing opportunities for Housing Choice Vouchers. At the time of this update, there are 576 vouchers in use in Yuba City. There were no Article 34 referendum requests made during the planning period.
Continue
H-B-3 Continue to monitor federal-, state-, and locally funded units at risk of conversion to market rate. There are 153 units at risk during the 2013–2021 planning period. The City will take the following actions to alleviate the loss of units at risk due to conversion to market-rate units.
The City maintained updated lists of affordable units,
contacted owners, and worked with nonprofits. The 153 units that were at risk during the 2013-2021 planning period did not convert to market rate. The City continues to monitor the status of affordable units.
Continue
City of Yuba City –2021-2029 Housing Element Update 143 Program Progress Continue/Modify/Remove
H-B-3 (Continued) On an annual basis the City will update its list of subsidized rental properties and identify those units at risk of converting to market-rate units. The City will contact owners of units at risk of converting regarding their interest in selling properties or maintaining the rental units as affordable units. The City will work with property owners to identify and apply for federal, state, and local subsidies to ensure the continued affordability of housing units. The City will maintain a list of nonprofit agencies interested in acquisition/rehabilitation of at-risk units and inform them of the status of such units. The City will work with nonprofit agencies to identify and apply for federal, state, and local subsidies to assist with providing funding for the acquisition and rehabilitation of at-risk projects. The City will provide to tenants of at-risk units referral and contact information regarding tenant rights and conversion procedures, as well as information regarding other affordable housing opportunities within the city. H-C-1 The City will utilize its GIS system to identify vacant infill sites within the city, where services are already available, to be targeted for new affordable housing development. These sites are currently identified in the Land Inventory of this Housing Element and available at the City’s Planning Department. The City will advertise on its website a list of vacant infill sites to facilitate the development of new affordable housing.
The Housing Element Land Inventory Map is available at the City’s Planning Department and staff are available to discuss infill sites as developers inquire, this is common practice at the City.
Delete
City of Yuba City –2021-2029 Housing Element Update 144 Program Progress Continue/Modify/Remove
H-C-2 The City will continue to negotiate written agreements with the County to transfer RHNA fair share allocations due to annexations of vacant land designated for residential use and establish the standards and conditions that will subsequently be applied on a project-by-project basis. The success of written agreements developed will be evaluated and any findings incorporated into the future contracts in order to adequately provide for regional fair share housing needs. Additionally, the City will work with the County and SACOG to incorporate changes to target adjustments to RHNA allocations established in agreements in subsequent Housing Element updates.
The City annexed 233.1 acres of land from the County and worked with the Sacramento Area Council of Governments (SACOG) to adjust the Regional Housing Needs Allocation (RHNA) as necessary. In the 2013-2021 projection period, the adjustment was 2,679 units. In the 2021-2029 projection period, the adjustment is 3,308 units.
Delete, the County does not have any annexations planned during the 6th cycle projection period.
H-C-3 In order to continue to meet affordable housing needs, Sutter County will assist in obtaining funding for any planned affordable housing projects that are to be annexed. Annexation agreements/written documents will identify any such projects and will outline joint funding strategies.
The annexations that took place during the planning period consisted of pre-existing developed properties and did not include any planned affordable housing projects.
Modify to continue to collaborate with Sutter County on joint funding strategies for affordable housing.
H-C-4 Annually estimate the amount of vacant land available for single-family and multiple-family residential housing within the City’s sphere of influence. When the remaining dwelling unit capacity of that land falls below an estimated supply necessary for a three-year period, the Planning Department shall recommend amendments to the Planning Commission and City Council to increase the supply.
The City continues to monitor sites to ensure there are sufficient sites to meet the RHNA.
Delete, the city has sufficient sites within the city limits and does not need to monitor sites within the sphere of influence (SOI).
City of Yuba City –2021-2029 Housing Element Update 145 Program Progress Continue/Modify/Remove
H-C-5 To ensure that there is a sufficient supply of multifamily zoned land to meet the City’s RHNA, the City will encourage lot consolidations to combine small residential lots into larger developable lots by annually meeting with local developers to discuss development opportunities and incentives for lot consolidation to accommodate affordable housing units. In addition, the City will allow administrative processing of lot consolidation. As developers/owners approach the City interested in lot consolidation for the development of affordable housing, the City will offer one or more of the following incentives on a project-by-project basis:
• Allow affordable projects to exceed the maximum
height limits.
• Lessen set-backs. • Reduce parking requirements. • The City will also consider offsetting fees (when financially feasible).
The City did not receive any projects that proposed lot consolidation to develop multifamily development. The City did not hold formal annual meetings with local developers to discuss development opportunities but was and is available to discuss sites upon developer inquires. The City will continue to encourage lot consolidations and promote incentives to support the development of multifamily housing.
Continue
H-C-6 During the period of the 2013–2021 Housing Element update, the City will annex land within the Lincoln East Specific Plan Area (LESP) to help to accommodate the City’s RHNA. Approximately 50 acres are zoned for high density multifamily residential use at a density range of 12-36 units per acre with an average density of 24 units per acre. The LESP includes a minimum 10% affordable housing goal and allows owner-occupied and multifamily rental residential uses by right, without discretionary approval.
The Lincoln East Specific Plan (LESP) area was not annexed during the planning period. Previously anticipated development became financially infeasible due to lack of infrastructure, land processing costs, required phasing and mitigation.
Delete
City of Yuba City –2021-2029 Housing Element Update 146 Program Progress Continue/Modify/Remove
H-C-6 (Continued) The City will amend the LESP to require a minimum density of 20 units per acre and allow residential uses only on enough acres to ensure a minimum of 529 units will be developed on sites zoned medium high density to accommodate the identified shortfall of units affordable to lower-income households. The City has worked with the Sutter County Local Agency Formation Commission (LAFCO) on the proposed annexation and will continue to work with the property owners to move towards annexation of the LESP area. To ensure adequate sites are available throughout the planning period to meet the City’s RHNA, the City will continue to annually update an inventory that details the amount, type, and size of vacant and underutilized parcels to assist developers in identifying land suitable for residential development and that also details the number of extremely low-, very low-, low-, and moderate-income units constructed annually. If the inventory indicates a shortage of available sites, the City shall rezone sufficient sites to accommodate the City’s RHNA. The LESP area represents an important opportunity for higher density sites. As part of the inventory monitoring, the City will specifically review progress in annexing these areas annually. If the annexation is not completed, the City will identify and rezone adequate sites to meet the lower-income RHNA by December 31, 2016. The City will report its progress to HCD on an annual basis in its annual reports, pursuant to Government Code Section 65400.
City of Yuba City –2021-2029 Housing Element Update 147 Program Progress Continue/Modify/Remove
H-D-1 Continue and expand, where feasible, partnerships with for-profit or nonprofit housing organizations to provide affordable housing. Consider contracting with additional organizations to provide housing services and information for special needs groups within the City.
The City continues to partner with the Regional Housing Authority to provide affordable housing. The City approved a new, 40-unit apartment complex, New Haven Court, which opened in April 2021. New Haven Court is managed in partnership by Hands of Hope and Sutter-Yuba Behavior Health and provides housing for special-needs populations (chronically homeless and persons with disabilities) earning up to 50% Area Median Income (AMI).
Continue
H-D-2 Continue to work with Sutter County, the farm industry, and neighborhoods where housing projects are proposed to facilitate the provision of farmworker housing. Assist in meeting the housing needs of farmworkers in and around Yuba City. The City will work with the County, develop a list of sites with the appropriate zoning suitable for farmworker housing and assist the County and other development partners in the form of technical assistance with the preparation of the application for farmworker housing funds as the need arises. Additionally, when funding is available, the City will provide matching funds for the County and other development partners that plan to provide new farmworker housing units and encourage the development of units targeted toward single farmworkers. Consider adding priority processing for applications to develop housing for farmworkers. When and if necessary, engage residents of neighborhoods around potential farmworker housing sites in a public workshop to discuss current laws surrounding the siting of farmworker housing and promote discussion to circumvent unnecessary confrontation.
The Housing Authority takes the lead on farmworker housing in the City. The City continues to support the Housing Authority’s efforts. The Housing Authority developed a 10-unit farmworker project located in Richland Housing that was completed in 2015. The Housing Authority maintains 190 units of farmworker housing at Richland Farm and an additional 99 beds of migrant worker housing at its Richland Public Housing.
Continue
City of Yuba City –2021-2029 Housing Element Update 148 Program Progress Continue/Modify/Remove
H-D-3 The City will continue to encourage diversity in unit size within multiple-family housing projects and to be proactive in the development of three- and four-bedroom housing units for large families by granting priority funding for projects which include three or more bedrooms.
The City continued to encourage diversity in unit size. Delete H-D-4 The City will, as required by SB 2, amend the zoning code for transitional and supportive housing as a residential use in all zones allowing residential uses, subject only to those restrictions that apply to other residential uses of the same type in the same zone and without any discretionary action. The zoning code will also be amended to include the following definitions related to transitional and supportive housing per Government Code Sections 65582(f), (g) and (h):
• “Supportive housing” means housing with no
limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. • “Target population” means persons with low
incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with The City is completing an update to its other General Plan elements and Zoning Code concurrently with this Housing Element update. These definitions will be added as a part of the update process. This program was updated to meet state law requirements.
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City of Yuba City –2021-2029 Housing Element Update 149 Program Progress Continue/Modify/Remove
H-D-4 (Continued)
Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. • “Transitional housing” means buildings
configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
H-D-5 In order to remove constraints on housing for persons with disabilities under guidelines set forth in the Fair Housing Act, provide a reasonable accommodation procedure that is available to individuals with disabilities and their representatives as well as providers of housing for individuals with disabilities. Evaluate the zoning regulations for ADA compliance and formalize a provision for reasonable accommodations for persons with disabilities that will be separate from a variance or use permit. When updating the zoning and building code to include a reasonable accommodation measure the City will reference the model ordinance and examples provided to the City by HCD to open housing opportunities to individuals with disabilities. Provide safeguards on privacy interests of applicants and providers. Provide an opportunity for appeal of adverse decisions by aggrieved applicants.
The City currently follows the Fair Housing Act and will continue this program to create model ordinance for reasonable accommodations.
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City of Yuba City –2021-2029 Housing Element Update 150 Program Progress Continue/Modify/Remove
H-D-6 Continue to offer specific incentives for development of individual or group-care housing affordable to the City’s senior and special needs populations through City-specific density bonuses (in addition to state requirements), reduced parking requirements, and development fee reductions for projects at infill localities.
The City approved a 40-unit apartment complex, New Haven Court, which opened in April 2021 and provides housing to special-needs populations (chronically homeless persons and persons with disabilities) earning less than 50% AMI. The City offered development fee reductions and permitted reduced parking requirements to support the development of the New Haven Court project.
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H-D-7 Continue to promote equal housing opportunities to educate residents, developers, nonprofit organizations, and decision-makers on Fair Housing, including holding an annual fair housing fair. Continue to provide notice and information on fair housing rights and responsibilities by providing information at the Development Services Department counter, on the City’s website, and other centers and public facilities throughout the community. The City will disseminate information in languages other than English and where appropriate through various forms of nonwritten media. Refer known incidents of discrimination in lending practices and the sale or rental of housing to US Department of Housing and Urban Development (HUD), California Department of Fair Employment and Housing, and California Department of Consumer Affairs and/or California Rural Legal Assistance for action.
Through its partnership with Regional Housing
Authority, Yuba City distributes information on fair housing in English, Spanish, and Punjabi to organizations that work with the general public and represent the building and real estate agencies. The Regional Housing Authority conducts annual fair housing events to raise awareness of fair housing issues. The City complies with fair housing law regarding complaints by referring fair housing cases to the United States Department of Housing and Urban Development’s (HUD’s) Office of Fair Housing and Equal Opportunity (FHEO), the California Department of Fair Employment and Housing (DFEH) and nonprofit organizations such as California Rural Legal Assistance (CRLA). Yuba City has not tracked how many cases were referred during the previous planning period but will continue to refer fair housing cases.
Revise to address AB 686/continue
City of Yuba City –2021-2029 Housing Element Update 151 Program Progress Continue/Modify/Remove
H-D-8 The City will work with housing providers to ensure that special housing needs and the needs of lower-income households are addressed for seniors, large families, female headed households, female-headed households with children, persons with disabilities and developmental disabilities, extremely low-income households, and homeless individuals and families. The City will seek to meet these special housing needs through a combination of regulatory incentives, zoning standards, new housing construction programs, and supportive services programs. The City will promote market-rate and affordable housing sites, housing programs, and financial assistance available from the city, county, state and federal governments. In addition, as appropriate, the City will apply or support others’ applications for funding under state and federal programs designated specifically for special needs groups and other lower-income households such as seniors, persons with disabilities, extremely low-income households, and persons at risk for homelessness.
The City approved a 40-unit apartment complex, New Haven Court, which opened in April 2021 and provides housing to special-needs populations (chronically homeless persons and persons with disabilities) earning less than 50% AMI. The City offered development fee reductions and permitted reduced parking requirements to support the project. In January 2021, the City approved a 176-unit affordable apartment complex, Richland Village Project, to house individuals and families earning up to 60% AMI. The City offered reduced development impact fees to support the development of this project.
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H-D-9 To comply with the state Employee Housing Act (Health and Safety Code Sections 17021.5 and 17021.6), the City will amend the zoning code to treat employee housing that serves six or fewer persons as a single-family structure and permitted in the same manner as other single-family structures of the same type in the same zone (Section 17021.5). The zoning code will also be amended to treat employee housing consisting of no more than 12 units or 36 beds as an agricultural use and permitted in the same manner as other agricultural uses in the same zone (Section 17021.6) in zones where agricultural uses are permitted.
The City currently allows for farmworker housing and will amend their zoning code to meet state law.
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City of Yuba City –2021-2029 Housing Element Update 152 Program Progress Continue/Modify/Remove
H-E-1 Incorporate energy conservation measures as an integral part of housing rehabilitation programs. Provide free information to residents on energy conservation and available programs at the Development Services Department counter and on the City’s website, and feature energy conservation as an important part of the annual Housing Fair.
The City developed marketing material through the Sutter-Butte Energy Program to provide energy conservation to community members from 2013 to 2017. The marketing materials were included with water bills, provided as counter brochures, and promoted in a social media campaign. Additionally, the City distributed energy conservation information at multiple annual events, including the Yuba-Sutter Fair, Downtown Summer, and Winter Stroll.
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H-E-2 Encourage participation in PG&E's Community Resource Project Inc., home energy audits, weatherization and minor home repair programs, particularly for extremely low-, very low- and low-income households. Information on these programs will be provided via brochures available at the Development Services Department counter, on the City’s web site, and at the annual Housing Fair.
Through its participation in the Local Governments Partnership with PG&E and the Sutter Buttes Energy Watch, the City encouraged participation in PG&E’s Community Resource Project Inc., home energy audits, weatherization, and minor home repair programs. Marketing materials were included in water bills, provided as counter brochures, and promoted in social media campaigns. Additionally, the City distributed weatherization information at multiple annual events, including the Yuba-Sutter Fair, Downtown Summer, and Winter Stroll.
Combine with H-E-1
City of Yuba City –2021-2029 Housing Element Update 153 9 Housing Program Schedule, 2021-2029
The following policies and actions provide a systematic program for achieving Yuba 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. Each implementing action contains a specific objective and identifies a timeline, responsible agency, and resources for the accomplishment of that objective. The City will strive to meet or exceed the quantified objectives. The quantified objectives are based on realistic expectations given funding expected to be available, anticipated staffing levels, capacity of service providers, and future housing market projections during the eight-year period of the Housing Element.
Regulatory Requirements and Incentives
Policy H-A Provide regulatory incentives to ensure the construction and maintenance of safe and sanitary housing with adequate public services for existing and future residents of the city.
H-A-1 Conservation of Existing Housing. Continue to enforce City building, fire, health, and zoning codes to remedy existing pockets of blight and deterioration to conserve and improve the condition of existing affordable housing stock in coordination with rehabilitation and other infrastructure improvement programs. This includes continuing to offer Single-Family and Multifamily Rehabilitation Programs and continuing to partner with a rehabilitation housing consultant to offer the Housing Rehabilitation Program. The City will explore the feasibility of allowing the Owner Occupied Rehabilitation Program to pay for solar panels for low-income households, particularly seniors. Additionally, the City will meet with the Reginal Housing Authority to identify and apply for funding opportunities to provide relocation assistance to residents at risk of displacement due to rehabilitation needs. The City will collaborate with the Housing Authority to target efforts in the rehabilitation assistance programs in areas of concentrated poverty, particularly in low resource areas, to reduce displacement risk for lower-income households due to housing condition or cost of repairs. The City will provide informational materials in languages other than English, as needed. The City will create a program to prevent displacement and mitigate relocation impacts as a result of code enforcement activities.
Responsible Agency: Development Services Department
Timeline: Meet annually with rehabilitation housing consultant regarding the Housing Rehabilitation Program. Develop the code
enforcement program that mitigates displacement and relocation impacts on residents within one year of the adoption of this Housing Element. Collaborate with the Regional Housing
Authority to identify potential funding relocation resources for displaced or at risk of displacement residents within one year of adopting this housing element.
Funding/Resources: General Fund, Permit Fees, Community Development Block Grant (CDBG)
City of Yuba City –2021-2029 Housing Element Update 154 Quantified Objective: Support 30 rehabilitated units through housing rehabilitation programs and conserve 120 homes where maintenance is
completed as a result of code enforcement efforts. Prevent displacement of 15 households. Mitigate relocation impacts for 5 households.
H-A-2 Accessory Dwelling Units. Continue the City’s policy that allows for accessory dwelling units (ADUs) within single-family residential neighborhoods by reducing lot coverage requirements and allowing for tandem parking when setback requirements are met. In addition, the zoning code will be amended to allow ADUs and Junior ADUS (JADUs) in all zones where residential structures are allowed (R-1, R-2, R-3, C-1, C-2, C-3 and C-O), in accordance with Assembly Bill (AB) 2299 and Senate Bill (SB) 1069. The City will also promote ADU construction through informational brochures on the permitting process and benefits of second unit development that will be available at City buildings and on the City’s website. The City will identify and offer incentives for ADU development. The City will provide preapproved ADU plans. The City will emphasize the benefits of ADUs to property owners in high resource areas to encourage construction in these areas to improve mobility options for lower-income households and to increase housing supply to meet shortages of affordable units and housing overall as a result of displacement due to the Camp Fire. The intent of increasing the supply of ADUs is to aid in reducing displacement risk due to housing supply and costs.
Responsible Agency: Development Services Department
Timeline: Update the Zoning Code to comply with state law within one year of Housing Element adoption; develop informational materials by March 2022.
Funding/Resources: General Fund.
Quantified Objective: 40 ADUs produced during the planning period to increase supply and prevent displacement of lower-income households. 20 of the 40 in high or moderate resource areas to encourage housing mobility.
H-A-3 Facilitate a Variety of Housing Types. The City will continue to ensure that zoning standards and development requirements facilitate the construction of a diversity of housing types, including apartment complexes, group housing, and townhomes to meet the needs of all households and income levels. Understanding that higher-density housing often means more affordable housing, the City will continue to encourage development at the higher end of the density range in land designated as low/medium- and medium/highdensity residential in the General Plan, with a special emphasis on high opportunity areas, through the following actions:
• Provide density bonuses in accordance with Sections 65915 through 65918 of the California Government Code.
• Continue to negotiate alternative development standards, such as increased height limits, alternative parking standards, street improvement standards, maximum density, and lot coverage.
• The City will encourage construction of affordable housing at a range of densities throughout the city, primarily in high resource areas, to combat the concentration of lower-income households downtown, improve housing mobility opportunities, and increase the supply of subsidized units in high resource areas.
City of Yuba City –2021-2029 Housing Element Update 155 Responsible Agency: Development Services Department
Timeline: Meet annually with developers to discuss barriers to constructing varied housing types; provide incentives as projects are proposed.
Funding/Resources: General Fund
Quantified Objective: 4 density bonus projects to serve senior and special-needs populations; 2 located in high or moderate resource areas. 88 bonus units are expected to be created through density bonuses. 1,544 homes for lower income households, 602 homes for
moderate-income households and 1,303 homes for above
moderate-income households.
H-A-4 Infrastructure Provision and Financing. Minimize infrastructure costs for residential development by identifying infrastructure needs and available sources of funding for infrastructure improvements. The City will analyze existing and potential infrastructure financing measures for their ability to meet infrastructure needs without an adverse impact to housing costs and identify and apply for state, federal or United States Department of Agriculture (USDA) infrastructure funding programs to support improvement efforts. The City shall monitor the cost of infrastructure and associated fees on development to determine whether they impact the production of housing and will develop a strategy to reduce costs for developers, if needed. The City will focus the implementation of this program in areas of concentrated poverty.
The City will continue to implement its water and wastewater fees financing program which provides a method for customers to have the connection and extension impact fees financed through property tax assessment over a 10-year period, along with interest and administrative fees. The fees financing program will be focused on promoting the development of multifamily housing in high resource areas to encourage housing mobility.
The City will implement its Water Treatment Plant and Distribution Master Plan (adopted in January 2019) and the Wastewater Treatment Facility and Collection System Master Plan (adopted August 2020) which identify specific infrastructure needs within the City, and continue to annually budget funds to perform those repairs and improvements of existing deficient utility infrastructure in low income areas of the City.
The City will continue to monitor and budget available water and wastewater funds to provide rehabilitation and improvements of deficient utilities in low income areas to comprehensively improve infrastructure and community amenities to promote equitable quality of life. The City will coordinate with SACOG through the Green Zones program to promote infill development and will work to find available resources to ensure utility infrastructure is in place to provide for housing development and redevelopment.
Responsible Agency: Development Services Department
Timeline: Annually evaluate measures and apply for at least three funding sources, as Notices of Funding Availability (NOFAs) are released. Monitor the cost of infrastructure and associated fees and amend infrastructure documents as needed as applications are processed though the Development Services Department.
City of Yuba City –2021-2029 Housing Element Update 156 Funding/Resources: Utility Rates, Development Impact Fees, State/Federal grants, General Fund Quantified Objective: Improved infrastructure to provide adequate fire protection, water, and sewer services for the existing, approximately 1,577 homes and the anticipated infill of 83 additional homes in the CCSP, as a place-based strategy for preventing displacement.
Fee financing program participation for 2 multifamily
developments in high resource areas to encourage housing mobility and provide 200 lower income units.
H-A-5 Permit Streamlining Process. The City will establish a written policy or procedure and other guidance as appropriate to specify the Senate Bill (SB 35) streamlining approval process and standards for eligible projects, as set forth under California Government Code Section 65913.4.
Responsible Agency: Development Services Department
Timeline: Develop streamlining process within one year of Housing Element adoption.
Funding/Resources: General Fund, permit fees
H-A-6 Density Bonus. The City will codify the City’s density bonus ordinance in compliance with the state’s density bonus law (Government Code Section 65915, as revised) and will continue to offer specific incentives for the development of individual or group-care housing affordable to seniors and special-needs population through City-specific density bonuses, reduced parking requirements, and development fee reductions for projects in infill locations. The City will promote the availability of density bonuses to affordable housing providers to increase supply of subsidized units and will work with developers to identify sites for high density affordable housing in high resource areas outside of downtown.
Responsible Agency: Development Services Department
Timeline: Codify the density bonus ordinance within one year of adoption of the Housing Element; offer City-specific density bonuses as eligible projects are submitted.
Funding/Resources: General Fund, permit fees
Quantified Objective: 4 density bonus projects to serve senior and special-needs populations; 2 located in high or moderate resource areas. 88 bonus units are expected to be created through density bonuses.
H-A-7 SB 2 Implementation. As part of the City’s SB 2 grant workplan, the City plans to complete focused work related to the minor update of the City’s General Plan to align it with current state laws. The update to the General Plan will help the City to establish, adopt, and implement objectives and policies to promote development of more by-right housing and sustainability.
The City plans to use SB 2 funding to further the following tasks related to the General Plan update:
• Community outreach and study sessions to identify updates and policy changes to be addressed.
• Preparation of a background report of existing conditions.
City of Yuba City –2021-2029 Housing Element Update 157 • Update all required elements of the General Plan to meet new state law requirements.
• Review the City’s zoning code to identify immediate and future changes. • Conduct an environmental analysis and adopt a Supplemental EIR.
Responsible Agency: Development Services Department
Timeline: Complete the General Plan Update, Zoning Code Update, Environmental Analysis, and Public Outreach by July 2022.
Funding/Resources: SB 2 Grant
Quantified Objective: 183 units: 50 moderate-income units and 133 lower-income units to support housing mobility and prevent displacement
H-A-8 Objective Design Standards. As described in Section 6, Constraints, to comply with Government Code Section 65589.5, the City will update subjective design guidelines with objective standards, ensuring a balance between predictability for housing development applicants and flexibility in design choices. Objective design standards are defined in Government Code Sections 65913.4 and 66300(a)(7) as standards that “involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal.”
Responsible Agency: Development Services Department
Timeline: Complete Objective Design Standards by July 2022.
Funding/Resources: General Fund
Quantified Objective: Approve 50 lower-income units through a streamlined process using objective design standards that facilitate housing.
Funding
Policy H-B Provide incentives and programs to ensure the provision of extremely low-, very low-, low-, and moderate-income housing units to meet community needs.
H-B-1 First-Time Home Buyers Program. The City will continue to apply for additional funding, as funding becomes available, to support the Regional Housing Authority’s First-Time Home Buyer Program to encourage and facilitate the purchase of affordable housing units by low-income households. To assist low-income first-time home buyers to be purchase ready, the City will promote the free HUD-certified homebuyer courses that are offered locally. The City will provide materials in languages other than English, as requested. To encourage housing mobility, the City will collaborate with the Housing Authority to encourage use of the program in areas of high opportunity and resources and will assist first time home buyers in locating housing in high resource areas. Also, as a part of Program H-F-1, the City will support non-profit organizations in their efforts to combat lending practices that disproportionately impact people in protected classes including race, color, national origin, religion, sex, age, or disability.
Responsible Agency: Development Services Department
Timeline: Apply for funding annually. Promote free HUD-certified homebuyer courses in an ongoing basis.
City of Yuba City –2021-2029 Housing Element Update 158 Funding/Resources: State-administered HOME, CalHome Program, Self-Help Homeownership Opportunity Program (federal)
Quantified Objective: Assist 12 first-time home buyers; 8 of the 12 in areas of concentrated poverty.
H-B-2 Housing Choice Voucher Program. Continue to strive to increase the number of extremely low-, very low-, and low-income households receiving rental assistance and support applications by the Regional Housing Authority of Sutter and Nevada Counties for Section 8 Housing Choice Vouchers as well as Article 34 referenda requests. In addition, support increase in the number of these types of households receiving rental assistance through Tenant Based Rental Assistance via HOME. Additionally, the City will direct residents of “at risk” units to obtain Section 8 vouchers to assist with connecting them with housing opportunities throughout Yuba City.
As City resources allow, to enhance housing mobility and access to higher opportunity areas, the City will:
• Conduct outreach to property managers in high resource areas with a low percent of vouchers to provide education on source of income discrimination and voucher programs and to encourage them to accept Section 8 assistance. • Compile information on organizations that provide pre- and post-move services to voucher holders.
• Collaborate with high performing school districts to attract a diversity of staff to serve lower income students particularly in low resource areas with high rates of diversity.
• Encourage collaboration between local governments and community land trusts as a mechanism to develop affordable housing in higher-opportunity areas. • Post information on the City’s website, including City-wide affordable rental registries
Responsible Agency: Regional Housing Authority of Sutter and Nevada Counties and Development Services Department
Timeline: Annually and ongoing.
Funding/Resources: State-administered HOME, Federal Section 8 Housing Choice Voucher Program funding
Quantified Objective: To provide housing choice and mobility options, conserve 576 Section 8 vouchers in use in Yuba City. 50 percent of households targeted towards special needs groups, as defined by
Government Code Section 65583(a)(7)
H-B-3 At-Risk Housing Units. State law requires jurisdictions to provide a program in their housing elements to preserve publicly assisted affordable housing projects at risk of converting to market-rate housing. Units that are considered “at-risk” are subsidized lowincome housing projects whose subsidized contract expires within 10 years, putting the units at risk of being converted to market-rate and being lost as affordable housing. While there are no units whose contract is set to expire within 10 years, the Sutter Village and Live Oak Apartments have Section 8 contracts that require annual review and are therefore considered “at-risk.” Given this, there are 109 units at risk of conversion to market rate during the 2021-2029 planning period.
City of Yuba City –2021-2029 Housing Element Update 159 The City will continue to regularly refer to the list that the Housing Authority maintains of all dwellings within the city that are subsidized by government funding or low-income housing developed through local regulations or incentives and that the City will contact all property owners within three years of affordability expiration to discuss the City’s desire to preserve complexes as affordable housing and ask them to provide at least two years’ notice prior to the conversion of any units for lower-income households to marketrate units. Participation from agencies interested in purchasing and/or managing at-risk units will be sought. Coordinate with owners of expiring subsidies to ensure tenants receive the required notices at 3 years, 6 months, and 12 months, per state law. The City will work with tenants to provide education regarding tenant rights and conversion procedures pursuant to California law. The City shall contact entities such as California Rural Legal Assistance (CRLA) to assist renters.
If the City learns of any unexpected potential conversions or changes in ownership, the City will take the following actions:
• Meet with the owners (or their representatives) of the subsidized rental housing developments that are facing unexpected risk to the affordable units in a timely fashion, to discuss their plans for maintaining, converting, or selling their properties. If any of the owners indicate that the affordability of the units is at risk of conversion to market rate housing or that the owner intends to sell the property, the City will seek to facilitate the acquisition of the property by another for-profit or nonprofit entity to preserve the rental units as affordable housing. The City will not take part directly in negotiations regarding the property but will apply for state or federal funding on behalf of an interested nonprofit entity, if necessary, to protect the affordability of the rental units. The City will request that the property owners provide evidence that they have complied with state and federal regulations regarding notice to tenants and other procedural matters related to conversion, and the City will contact HUD, if necessary, to verify compliance with notice requirements.
• Work with the Housing Authority to ensure that low-income tenants displaced as a result of a conversion receive priority for federal housing vouchers. • Ensure that tenants are adequately notified throughout the preservation/acquisition process as to the status of their housing units, impacts of the ownership change or preservation process on occupancy and rents, their rights and responsibilities as tenants, and who to contact with questions or concerns. The City will work with the responsible entity (whether the existing property owner, the Housing Authority, a nonprofit entity, or a new for-profit entity) to distribute information and conduct tenant meetings, as needed, to keep residents informed of the preservation process, tenant options, and what to expect once the process has been completed.
Responsible Agency: Development Services Department
Timeline: Annually and ongoing.
Funding/Resources: General Fund and CDBG
Quantified Objective: Conserve 149 low-income rental units, especially the 109 units at Sutter Village and Live Oak Apartments that have Section 8 contracts that require annual review.
City of Yuba City –2021-2029 Housing Element Update 160 Adequate Sites
Policy H-C Continue to work with Sutter County on actions to fulfill Yuba City’s fair share of regional housing needs.
H-C-1 Regional Approach to Affordable Housing. To continue to meet affordable housing needs, the City will work with Sutter County to assist in obtaining funding for any planned affordable housing projects and develop joint funding strategies to subsidize and support the construction of affordable housing.
Responsible Agency: Development Services Department
Timeline: Within sixth months of the adoption of the housing element, and then on an annual basis, the City will contact Sutter County and local affordable housing developers.
Funding/Resources: General Fund
Quantified Objective: Assist 5 affordable housing developments with applying for funding. Target development of these developments in areas of concentrated overpayment to reduce displacement risk and in high opportunity areas to facilitate mobility for lower-income households.
H-C-2 Lot Consolidation for Multifamily Development. To ensure that there is a sufficient supply of multifamily zoned land to meet the City’s Regional Housing Needs Allocation (RHNA), the City will encourage lot consolidations to combine small residential lots into larger developable lots by annually meeting with local developers to discuss development opportunities and incentives for lot consolidation to accommodate affordable housing units. Although the City is not relying on small sites to meet any of the lower-income RHNA, the City recognizes the importance of encouraging lot consolidations to facilitate development. The City will encourage lot consolidation in high opportunity areas. In addition, the City will allow administrative processing of lot consolidation. As developers/owners approach the City interested in lot consolidation for the development of affordable housing, the City will offer one or more of the following incentives on a project-by-project basis:
• Allow affordable projects to exceed the maximum height limits. • Lessen set-backs.
• Reduce parking requirements.
• The City will also consider offsetting fees (when financially feasible).
Responsible Agency: Development Services Department
Timeline: Ongoing, as projects are proposed through the Development Services Department. Annually meet with local developers to discuss development opportunities and incentives for lot consolidation.
Funding/Resources: General Fund
Quantified Objective: Facilitate 5 consolidations of small residential lots into larger developable lots in high or moderate resource areas to facilitate mobility. 200 lower-income units in high opportunity areas to facilitate mobility.
City of Yuba City –2021-2029 Housing Element Update 161 H-C-3 Residential Demolitions. To mitigate the loss of affordable housing units, new housing developments shall be required to replace all affordable housing units lost due to new development. In accordance with Section 65583.2 subdivision (g), the City will also require replacement housing units subject to the requirements of Government Code, Section 65915, subdivision (c)(3) on sites identified in the site inventory when any new development (residential, mixed-use, or nonresidential) occurs on a site that has been occupied by or restricted for the use of lower-income households at any time during the previous five years. This requirement applies to:
• Non-vacant sites
• Vacant sites with previous residential uses that have been vacated or demolished.
In conjunction with the commitment in Program H-F-1 (Within one year of adoption of the Housing Element, create programs to prevent and mitigate displacement) the City will address residential demolitions as a cause of displacement and implement actions in accordance with State law to prevent or mitigate displacement as a result of residential demolitions.
Responsible Agency: Development Services Department
Timeline: Ongoing, the replacement requirement will be implemented immediately and applied as applications on identified sites are received and processed, 2021–2029.
Funding/Resources: General Fund
Quantified Objective: Contained in the Quantified Objective of Program H-F-1.
H-C-4 Water and Sewer for Lower-Income Housing. In compliance with Chapter 727, Statues of 2004 (SB 1087), upon completion of the adopted Housing Element, the City will immediately deliver the Housing Element to the City’s Public Works Department , along with a summary of its regional housing needs allocation. In addition, the City’s Public Works Department must grant priority for service allocations to proposed developments that include housing units affordable to lower-income households.
Responsible Agency: Development Services Department
Timeline: Immediately upon adoption of the Housing Element, the City will deliver the Housing Element to the City’s Public Works Department. The City will ensure that proposed developments which include housing units affordable to lower-income
households continue to receive priority water and sewer service.
Funding/Resources: General Fund
H-C-5 Residential Uses in Non-Residential Land Use Designations.
To increase flexibility in where and how residential uses are allowed, and thus increase mobility opportunities, the City will take a variety of actions. Including:
• The City will remove the Use Permit requirement for multifamily development in the C-1 and C-O zones.
• Currently, live/work residential uses are permitted in the General Plan Office and Office Park land use designations. The City commits to updating the General Plan and zoning code to allow additional residential uses in these areas.
City of Yuba City –2021-2029 Housing Element Update 162 • Currently, residential uses are allowed in commercially designated areas if they are above a business. The City will update the General Plan and zoning code to provide greater flexibility in developing residential uses in one or more commercial zones, including allowing a building with all residential uses to occupy a portion of sites and by allowing sites to be developed with projects that are 100 percent residential uses.
• The City will provide incentives for mixed use and residential development in areas with non-residential land uses including offering expedited review process, density bonus, fee deferrals or reductions and modifications to setback, parking and height requirements. To encourage mixed use and residential development in areas with non-residential land uses, the City shall also provide outreach to attract and support affordable housing developers in the City, including developers of senior housing, extremely low-income units, and permanent supportive housing for persons with disabilities and developmental disabilities. The City will monitor the effectiveness of its efforts to offer incentives to developers. If this program is not effective, the City will immediately implement alternative strategies such as incorporating feedback from developers on how to better encourage residential development, as well as, considering residential performance standards and rezoning and redesignating sites to residential.
• The City will increase allowable heights in the C-1 zone to remove barriers to residential development.
Responsible Agency: Development Services Department
Timeline: Determine whether to expand residential uses and provide greater flexibility for residential development in commercial areas as part of the General Plan amendment process; amend the General Plan and zoning code to allow these uses, if needed, by July 2023. Conduct outreach to developers to promote residential development in non-residential zones and land use areas annually.
Funding/Resources: General Fund
Quantified Objective: 839 units developed in areas currently designated as Community Commercial, Neighborhood Commercial, Office and Office Park and Regional Commercial and affordable to households with lower incomes.
H-C-6 Residential By-Right for Developments with 20% Affordable To comply with AB 1397, sites with APNs 51-540-039, 51-062-010, 51-040-011 in the land inventory in this 6th cycle Housing Element shall be allowed to be developed for residential use by-right, in accordance with Government Code 65583.2(c). This by-right (without discretionary review) requirement is only for housing developments in which at least 20 percent of the units are affordable to lower-income households. The application of the requirement should not be used to further constrain the development of housing.
As such, housing developments that do not contain the requisite 20 percent would still be allowed to be developed according to the underlying (base) zoning. APNs 51-540-039, 51-062-010, 51-040-011 are currently zoned R-3, which does not require a Use Permit for multifamily housing development.
Responsible Agency: Development Services Department
Timeline: By May 15, 2024
City of Yuba City –2021-2029 Housing Element Update 163 Funding/Resources: General Fund
Quantified Objective: 183 units: 50 moderate-income units and 133 lower-income units to support housing mobility and prevent displacement.
H-C-7 2013-2021 and 2021-2029 Regional Housing Need
In order to meet state law requirements (Government Code Sections 65583(c)(1)(A) and 65583(c)(1)(B)) to address the 2013–2021 and 2021-2029 RHNA and to ensure a sufficient selection of sites are available for higher density development, the City shall amend the General Plan and the Zoning Codes, as needed, and as detailed in Chapter 5 provide adequate sites for 208 lower income units at a minimum of 20 dwelling units per acre on certain sites or in certain zones. The City will redesignate/rezone a minimum of
10.4 acres to Medium/High Density Residential – R-3 to meet this need. The sites redesignated/rezoned will allow up to 36 units per acre. At the minimum density of 20 units per acre, the redesignated/rezoned 10.4 acres would yield 208 units. At a realistic capacity of 25 units per acre, the redesignated/rezoned 10.4 acres could accommodate 260 units. The redesignated/rezoned sites must allow owner-occupied and rental multifamily housing “by right” without discretionary review if 20 percent or more of the units in a project proposed on the site are affordable to those with lower incomes. The redesignated/rezoned sites must be able to accommodate a minimum of 16 units per site.
At least half (50 percent) of these sites shall be designated/zoned for residential uses only, except that all of the very low and low-income housing need may be accommodated on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential uses occupy 50 percent of the total floor area of a mixed-use project. The applications can be subject to design review as long as the project does not trigger the CEQA review process. Water, sewer and dry utilities are either already available at sites that will be rezoned or the City will plan for extensions so that services will be available as needed. The City will ensure compliance with Government Code section 65583.2(i), specifically, allowing owner-occupied and rental multifamily housing “by right” without discretionary review if 20 percent or more of the units in a project proposed on the site are affordable to those with lower incomes.
Responsible Agency: Development Services Department
Timeline: Specific sites will be rezoned prior to May 15, 2022. Ensure compliance with Government Code section 65583.2(i)
concurrently with adoption of the amendment to the Housing Element.
Funding/Resources: General Fund
Quantified Objective: 208 units affordable to households with lower incomes to prevent displacement.
Special-Needs Housing
Policy H-D Facilitate the production of various housing types and densities to meet the needs of all income groups and ensure that housing opportunities are open to all without regard to race, color, age, sex, religion, national origin, family status, or physical handicap. The City shall seek to meet the special housing needs of individuals with disabilities and developmental disabilities, extremely low-, very low- and lowincomes, large families, senior citizens, farmworkers and their families, femaleheaded households with children, and others with special needs.
City of Yuba City –2021-2029 Housing Element Update 164 H-D-1 Partner with Housing Advocates. Continue and expand, partnerships with for-profit or nonprofit housing organizations, including the Regional Housing Authority, to provide affordable housing for special-needs groups, including but not limited to low, very-low and extremely-low-income households. Contract with additional organizations to provide housing services and information for special-needs groups within the City. Work with service providers so that City staff can to engage directly with their clients to hear firsthand the needs of the residents in Yuba City. Meet with organizations to identify sites for affordable housing in high resource areas and provide technical assistance, when requested, in identifying funding to subsidize units. Increasing the supply of affordable housing and focusing this development in high resource areas will combat concentrations of lower-income households that currently exist in downtown and will provide opportunities for housing mobility.
Responsible Agency: Development Services Department
Timeline: Contact potential partners annually and as project opportunities arise.
Funding/Resources: State-administered HOME, CDBG, McKinney-Vento Continuum of Care funding.
Quantified Objective: Assist other agencies and nonprofits in providing financial assistance and affordable housing for at least 16 lower-income households, preferably in moderate and high resource areas.
H-D-2 Farmworker Housing. Continue to work with Sutter County, the farm industry, and neighborhoods where housing projects are proposed to facilitate the provision of farmworker housing. Assist in meeting the housing needs of farmworkers in and around Yuba City. The City will work with the County to develop a list of sites with the appropriate zoning suitable for farmworker housing and assist the County and other development partners in the form of technical assistance with the preparation of the application for farmworker housing funds as the need arises. Additionally, when funding is available, the City will provide matching funds for the County and other development partners that plan to provide new farmworker housing units and encourage the development of units targeted toward single farmworkers. The City will provide priority processing for applications that include housing for farmworkers. When and if necessary, engage residents of neighborhoods around potential farmworker housing sites in a public workshop to discuss current laws surrounding the siting of farmworker housing and promote discussion to circumvent unnecessary confrontation.
Responsible Agency: Development Services Department
Timeline:
• Within two years of the adoption of the Housing Element for the development of a list in cooperation with Sutter County of farmworker housing sites. • Within two years of the adoption of the Housing Element for adding priority processing of applications to develop housing for farmworkers. • City staff will be available on an ongoing basis to provide technical assistance with the preparation of funding applications for farmworker housing funds. • City staff will be available on an ongoing basis to provide public workshop(s), when necessary, to educate and promote discussion to circumvent unnecessary confrontation due to production of farmworker housing.
City of Yuba City –2021-2029 Housing Element Update 165 Funding/Resources: General Fund, USDA Rural Housing Services programs, Joe Serna Jr. Funds, California Tax Credit Allocation: Farmworker Housing Assistance Program
Quantified Objective: 80 units of farmworker housing to accommodate the applicants on the waitlist for Richland Farmworker Public Housing and prevent displacement.
H-D-3 Facilitate Construction of Special-Needs Housing. The City will remove barriers for special-needs groups, including but not limited to low, very-low and extremely-low-income households, by amending the zoning code to address the following:
• Transitional and Supportive Housing. Allow transitional and supportive housing as a residential use in all zones allowing residential uses, subject only to those restrictions that apply to other residential uses of the same type in the same zone and without any discretionary action. Additionally, permit supportive housing by right in any non-residential or mixed-use zone that permits multifamily (AB 2162, Government Code Section 65583(c)(3).
• Reasonable Accommodation. In compliance with Government Code Section 65583(c)(3), the City will develop and formalize a process that a person with disabilities will need to go through to make a reasonable accommodation request to accommodate the needs of persons with disabilities and streamline the permit review process. The City will provide information to individuals with disabilities regarding reasonable accommodation policies, practices, and procedures based on the guidelines from the California Department of Housing and Community Development (HCD).
This information will be available through postings and pamphlets at the City and on the City’s website.
• Employee Housing. Treat employee housing that serves six or fewer persons as a single-family structure and permitted in the same manner as other single-family structures of the same type in the same zone (Health and Safety Code Section 17021.5). The zoning code will also be amended to treat employee housing consisting of no more than 12 units or 36 beds as an agricultural use and permitted in the same manner as other agricultural uses in the same zone (Section 17021.6) in zones where agricultural uses are permitted. Add a definition for employee housing to the zoning code.
• Single-Room Occupancy Units. Allow single-room occupancy (SRO) housing without a use permit in commercial zones, as other residential uses are regulated in the City’s zoning code (Government Code Section 65583(c)(1)). • Factory Built and Mobile Homes. Allow Factory Built and Mobile Homes as a principally permitted use in the R-1 zone, per Government Code Section 65852.3. • Emergency Shelter Parking. The City will review and revise parking requirements for emergency shelters to ensure that parking standards are sufficient to accommodate all staff, provided standards do not require more parking for emergency shelters than other residential or commercial uses within the M-1 district, per Government Code Section 65583(a)(4).
• Low-Barrier Navigation Centers. Allow low-barrier navigation centers, a type of emergency shelter with wrap-around services, homeless persons by right in zones that allow for mixed-use and nonresidential zones permitting multifamily uses, per Government Code Section 65662.
City of Yuba City –2021-2029 Housing Element Update 166 • Definitions. Add the following definitions related to transitional and supportive housing per Government Code Sections 65582(f), (g) and (h):
− “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
− “Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division
4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
− “Transitional housing” means buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
Responsible Agency: Development Services Department
Timeline: Amend the Zoning Ordinance within one year following adoption of the Housing Element.
Funding/Resources: General Fund
H-D-4 Residential Care Facilities. Continue to offer specific incentives for development of individual or group-care housing affordable to the City’s senior and special-needs populations through City-specific density bonuses (in addition to state requirements), reduced parking requirements, and development fee reductions for projects at infill localities. Additionally, the City will explore amending provisions in the Zoning Ordinance to define and allow residential care facilities for seven or more persons only subject to those restrictions that apply to other residential uses of the same type in the same zone.
Responsible Agency: Development Services Department
Timeline: Ongoing, as projects are processed through the Development Services Department. Identify if barriers exist to development of residential care facilities for seven or more persons and amend the Zoning Ordinance, if needed, within one year of adoption of the Housing Element.
Funding/Resources: General Fund, Section 202, CHFA financing programs Quantified Objective: To promote more inclusive communities, facilitate the development of three individual or group care housing
developments; at least one of the three developments in a high opportunity area.
H-D-5 Housing for Special Needs Groups. The City will work with housing providers to ensure that special housing needs and the needs of low, very-low and extremely-low-income households are addressed, especially residents in low-resource areas. The City will seek to
City of Yuba City –2021-2029 Housing Element Update 167 meet these special housing needs through a combination of regulatory incentives, zoning standards, new housing construction programs, and supportive services programs. The City will promote market-rate and affordable housing sites, housing programs, and financial assistance available from the city, county, state, and federal governments. In addition, as appropriate, the City will apply or support others’ applications for funding under state and federal programs designated specifically for special-needs groups and other lower-income households, such as seniors, persons with disabilities, extremely low-income households, and persons at risk for homelessness.
Responsible Agency: Development Services Department
Timeline: Seek funding opportunities beginning in 2021-2022 and annually thereafter; all program components are ongoing.
Funding/Resources: Federal Housing Opportunities for Persons with AIDS, California Child Care Facilities Finance Program, and other state and federal programs designated specifically for special-needs groups.
H-D-6 Assistance for Persons with Developmental Disabilities. The City will work with the Alta California Regional Center to implement an outreach program that informs families within Yuba City about housing and services available for persons with developmental disabilities. The program could include developing an informational brochure, posting information about services on the City’s website, and/or providing housing-related training for individuals/families through workshops. The City will explore integrated housing opportunities.
Responsible Agency: Development Services Department
Timeline: Develop an outreach program and meet with Alta California Regional Center to coordinate implementation within two years of adoption of the Housing Element.
Funding/Resources: General Fund
Quantified Objective: Each year, provide information to 10 families affected by a developmental disability (80 total).
Energy Efficiency
Policy H-E Encourage the use of energy-efficient materials and technology in new construction.
H-E-1 Energy Efficiency. The City will promote energy efficiency in existing housing and new development by:
• Incorporating energy conservation measures as an integral part of housing rehabilitation programs.
• Provide free information to residents on energy conservation and available programs at the Development Services Department counter and on the City’s website, and feature energy conservation as an important part of the annual Housing Fair. • Encourage participation in Pacific Gas and Electric Company’s (PG&E’s) Community Resource Project Inc., home energy audits, weatherization, and minor home repair programs, particularly for extremely low-, very low-, and low-income households. • Provide brochures of information on PG&E programs at the Development Services Department counter, on the City’s website, and at the annual Housing Fair.
Responsible Agency: Development Services Department
City of Yuba City –2021-2029 Housing Element Update 168 Timeline: Ongoing, as projects are processed through the Development Services Department.
Funding/Resources: CDBG, state-administered HOME
Equal Housing Opportunity
Policy H-F Encourage efforts to eliminate housing discrimination on the basis of age, race, sex, religion, age, marital status, national origin, family size, disability, or other potential barriers.
H-F-1 Affirmatively Furthering Fair Housing. Implement the City’s Analysis of Impediments to Fair Housing Choice (AI), adopted in 2020, to address disparities in housing needs and in access to opportunity for all persons regardless of race, color, religion, sex, national origin, familial status, disability, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, veteran or military status, source of income, and genetic information as protected categories by the California Fair Employment and Housing Act (Part 2.8 [commencing with Section 12900] of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
The City also identified barriers to fair housing through the Fair Housing Assessment (see Section 4, Assessment of Fair Housing). Specific actions the City may take to address the identified barriers, and foster an inclusive community, include:
1. Implement Programs H-A-1 and H-A-2 to affirmatively further fair housing, including targeting community revitalization through place-based programs, enhancing mobility between neighborhoods, and developing strategies to reduce displacement risk in areas with a higher concentration of lower-income households and overpayment (e.g., Programs H-B-1, H-B-2, H-C-3, H-D-1) and facilitating affordable housing in high opportunity areas (e.g., Programs H-A-2, H-A-3, and H-C-5).
2. Support non-profit organizations in their efforts to combat lending practices that disproportionately impact people in protected classes including race, color, national origin, religion, sex, age, or disability. Meet with non-profits annually.
3. Include residents from areas of concentrated poverty and low-resource areas to serve on boards, committees, task forces and other local government decisionmaking bodies each time a vacancy is filled. Translation of materials and translators should be provided by the City, as needed.
4. Each time a housing project is proposed that may influence a particular group or neighborhood, the City will make efforts to distribute information on the project to ensure that the group or neighborhood is made aware of the project and the process and has the opportunity to respond.
5. Incentivize construction of multiple-family housing with three- and fourbedroom units for large families by prioritizing projects that include three or more bedrooms and providing incentives, such as fee waivers when funding is available, deferrals, or reduced parking on a project-specific basis.
6. As complaints or inquiries are received, continue to refer fair housing matters to HUD’s Office of Fair Housing and Equal Opportunity (FHEO), and the California Department of Fair Employment and Housing (DFEH), and nonprofit organizations such as California Rural Legal Assistance (CRLA).
City of Yuba City –2021-2029 Housing Element Update 169
7. Meet biannually with fair housing enforcement organizations and agencies to identify any patterns or dominant fair housing issues in the city and discuss strategies to address these.
8. By December 2021, make materials on fair housing laws available at public locations, such as the library, grocery stores, and City Hall. Update materials annually, or as needed.
9. Ensure non-English-speaking applicants have access to programs through advertising and outreach, including accommodation for translation services.
10. Ensure that City-funded activities are disbursed throughout the city limits, avoiding concentrations in any particular census tract.
11. Apply annually for funding to actively reinvest in the most dilapidated areas of the city.
12. Provide biannual training to landlords on fair housing laws, responsibilities, and avoiding discriminatory practices.
13. Meet with Yuba City Unified School District by October 2022 to discuss strategies to develop a teacher incentive program to attract and retain highquality teachers.
14. Promote Sutter County’s CalWorks Program through making informational materials available at City buildings and meetings by May 2022 to improve access to employment training, assistance, and job opportunities.
15. Within one year of adoption of the Housing Element, create programs to prevent and mitigate displacement:
− Create a rent stabilization program beyond what is required by California Civil Code 1946.2
− Create a just cause eviction program to improve tenant stability beyond what is required by California Civil Code 1946.2.
Address residential demolitions as a cause of displacement (see also Program H-C-3).See also Program H-B-2 for efforts to enhance housing mobility.
Responsible Agency: Development Services Department
Timeline: Refer to each strategy in the program for specific timelines.
Funding/Resources: General Fund, CDBG
Quantified Objective: To foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics:
• Prevent or mitigate the displacement of 30 lower-income households and enhance the mobility of 10 lower-income
households (preservation objective).
• 218 multifamily units constructed with three or more
bedrooms (12.5 percent of the lower-income RHNA).
• Annually allocate 50% of CDBG entitlement funds to rehab projects in disadvantaged areas.
• Provide 12 training sessions to landlords on fair housing and preventing discrimination.
City of Yuba City –2021-2029 Housing Element Update 170
City of Yuba City –2021-2029 Housing Element Update 171 Actions by Strategy Type:
A. Place-based revitalization strategies: Actions 1, 3, 4, 9, 10, 11, 13 B. Strategies to facilitate housing mobility: Actions 1, 2, 5, 6, 7, 8, 9, 10, 12, 13 C. Strategies to expand affordable housing in high opportunity areas: Actions 1, 2, 9, 10 D. Strategies to reduce or prevent displacement risk: Actions 1, 6, 7, 8, 9, 10, 12, 14, 15
City of Yuba City –2021-2029 Housing Element Update 173 10 Quantified Objectives
Quantified Objectives
Yuba City’s strategy for developing, rehabilitating, and conserving affordable housing is focused on providing the number of units in each income category through a combination of quantified objectives identified in the Housing Program Schedule of this Housing Element (Chapter 8). The quantified objectives in the Housing Program Schedule will result in approximately 1,211 new, lower-income affordable housing units, of which, 378 will be affordable to extremely low-income households, 378 affordable to very low-income households, and 455 affordable to low-income households. Another 30 units of affordable housing will be assisted through housing rehabilitation, all of which will be affordable to low-income households. Conservation of affordable units through supportive housing assistance is estimated to assist 121 households, of which, 115 will be affordable to low-income households and 6 will be affordable to moderate-income households.
Table 10-1 summarizes the quantified objectives for the 2021-2029 Housing Element update. It includes new, rehabilitated, and conserved units, as well as supportive housing actions for lower-income households based on program objectives contained in the Housing Program Schedule.
Table 10-1: Quantified Objectives for the Housing Element Program, 2021-2029 Income Category New Construction2 Rehabilitation1 Conservation/ Supportive Housing Assistance3 Total
Extremely Low 378 0 0 378
Very Low 378 0 80 458
Low 455 30 880 1,365
Moderate 622 0 46 668
Above Moderate 1,475 0 0 1,475
Total 3,308 30 1,006 4,344
Notes:
1 See Programs H-A-1 and H-F-1. Estimates 30 low-income homes rehabilitated 2 The 40 accessory dwelling units under the objective for Program H-A-2, 88 units as a result of density bonuses under Program HA-6, the 8 lower-income units under the objective for Program H-D-1 and quantified objectives in Programs H-C-1, H-C-2, H-C-5, H-C-6, H-C-7, H-D-2 and H-F-1 are included in this total new construction objective. 3 Six low-income and six moderate-income units under the objective for Program H-B-1.Program H-A-1 estimates 40 very low income, 40 low income, and 40 moderate income units conserved. Program H-B-2 estimates conserving 576 Section 8 vouchers.
Program H-B-3 estimates conserving affordability on 40 very low income households and 109 low income households. Program HF-1 estimates 40 lower-income households conserved.
Source: City of Yuba City, 2021
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City of Yuba City –2021-2029 Housing Element Update 175 Appendix I.
Public Participation
See Section 2 for more details on the feedback received during the public participation activities.
The City of Yuba City held a study session with the Planning Commission on April 28, 2021, to solicit public input and encourage public participation in the 2021–2029 Housing Element update.
Announcements were published in the Appeal-Democrat, as well as, on the City’s social media accounts and website. Email notification of the meeting was sent to nonprofit organizations, government agencies, faith-based organizations, health delivery organizations, and educators. In addition, City Council and Planning Commission members were invited to participate. Those notified were encouraged to notify and invite clients to the meetings. The Public Review Draft Housing Element was released on May x, 2021.
Everyone listed below was sent invitations to the April 28, 2021, study session and a notification upon the release of the Public Review Draft.
Planning Commission Members:
• Michele Blake
• John Shaffer
• Lorie Ann Adams
• Jackie Sillman
• Stacy Brookman
• Bhavin Singh Dale
• Richard Doscher
City Council Members:
• Marc Boomgaarden
• Grace Espindola
• David Shaw
• Wade Kirchner
• Shon Harris
Other Interested Parties:
• Sutter County, Sutter County Administration
• Doug Libby, Sutter County Planning
• Jeff Williams, Sutter County Environmental Health
• Kevin Yount, Caltrans
• Todd Retzloff, Sutter County Assessor
• Shannon Chaffin, City Attorney
• KUBA Radio
City of Yuba City –2021-2029 Housing Element Update 176 • Robert Shemwell
• Pete Davis, Yuba City Unified School District
• Lisa Bush
• Kevin Bradford
• Pat Kernan
• Keith Martin
• Adam Hansen
• Tom Tucker
• Neal Hay, Sutter County Development Services / Airport • Nima Kabirinassab
• Jesse Frias, Fire Marshall
• Sharon Lydon
• Steve Miller
• Steve Smith, Sutter County CAO
• John McCorkle
• Jean Woolf
• Sean Minard, MHM Engineering
• Deborah McKee, CA Dept of Transportation, District 3
• Penny Lauseng, Marysville Joint Unified School District • Manny Cardoza
• Darleen G. Mendez, CalTrans - Transportation Planner
Stakeholder Consultations
These stakeholders participated in one-on-one interviews to provide input on the 2021–2029 Housing Element update. They will also be sent notices for the study session with the Planning Commission on April 28, 2021, and the release of the Public Review Draft. • St. Andrews Presbyterian Church, November 2020
• Kevin Carlson, Twin Cities Rescue Mission, November 2020 • Mike Nichols, Central Valley Homeless Assistance Veterans Program, November 2020 • Rick Millhollin, Hands of Hope, November 2020
• Johnny Burke, Sutter-Yuba Homeless Consortium, December 2020 • Alisha Parker, Pattra Runge, Maria Conrique, and Beckie Flores, Regional Housing Authority for Sutter & Nevada Counties, December 2020 – February 2021 • Jessica Hiller, California Rural Legal Assistance, December 2020
City of Yuba City –2021-2029 Housing Element Update 177 • John Decker, Alta California Regional Center, February 2021 • Mark Shlutsmeyer, Sutter-Yuba Mental Health Services, March 2021 • Ana Orgen, FREED Center for Independent Living, March 2021
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City of Yuba City –2021-2029 Housing Element Update 179 Appendix II. Glossary
Accessible: Used to describe housing that has special design features that help to alleviate physical disabilities. Such features include ramps, hand railings, lifts, special handles, and other modifications.
Affordable Housing: Housing capable of being purchased or rented by a household with very low, low, or moderate income, based on a household’s ability to make monthly payments necessary to obtain housing. Housing is considered affordable when a household pays 30 percent or less of its gross monthly income for housing, including utilities.
Area Median Family Income (MFI): This is defined by federal law and US Department of Housing and Urban Development (HUD) regulations as the higher of (1) the metropolitan area or non-metropolitan county median family income or (2) the statewide nonmetropolitan median family income. The median income calculations are based on a family of four persons. Income categories are based on the HUDdetermined area median family income. (See “Income Categories.”) New area median family income figures are published yearly by HUD and by the California Department of Housing and Community Development.
Assisted Housing: Dwelling units for which some type of public financial assistance (to pay for housing costs) is provided to the occupant.
Assisted Living Facility: Residential facilities designed for persons needing assistance with daily living activities. Generally, room, board, and personal care are provided.
Below-Market-Rate Housing Unit: Any housing unit specifically priced to be sold or rented to low- or moderate-income households for an amount less than the fair market value of the unit. The US Department of Housing and Urban Development sets standards for determining which households qualify as “low income” or “moderate income.”
Board and Care Home: In California, these are also called Residential Care Facilities for the Elderly (RCFE). Although skilled nursing staff may be available, these are not medical facilities. Instead, they provide assistance with daily living for persons age 60 or older who are no longer able to live independently. A facility can be from one bed to several hundred beds in capacity. Small one- to six-bed facilities may be located in residentially zoned areas without a special permit and are considered in all respects to be the same as family dwellings (California Health and Safety Code Section 1568.0831(a) (2)). RCFEs are under the guidance of the California Department of Social Services Community Care Licensing division.
California Environment Quality Act (CEQA): A state law requiring state and local agencies to regulate activities with consideration for environmental protection. If a proposed activity has the potential for a significant adverse environmental impact, an environmental impact report must be prepared and certified as to its adequacy before taking action on the proposed project. (See “Environmental Impact Report [EIR].”)
California Housing Finance Agency (CHFA): A state agency, established by the Housing and Home Finance Act of 1975, which is authorized to sell revenue bonds and generate funds for the development, rehabilitation, and conservation of low- and moderate-income housing.
City: City, with a capital “C,” refers to the municipality of the City of Yuba City; when used with a lowercase “c” it means any other city or geographic limits of Yuba City.
City of Yuba City –2021-2029 Housing Element Update 180 Clustered Development: Development in which a number of dwelling units are placed in closer proximity than typically permitted, or are attached, with the purpose of minimizing grading and retaining open space areas.
Community Development Block Grant (CDBG): A grant program administered by the US Department of Housing and Urban Development on a formula basis for entitlement communities and by the California Department of Housing and Community Development for non-entitled jurisdictions.
Regional Housing Authority of Sutter and Nevada Counties: See “Housing Authority.” Construction Costs: Residential development costs that are attributable to the physical construction of buildings, such as labor and materials. These costs typically include the costs of building any required offstreet parking spaces.
Continuing Care Retirement Communities: These communities vary in the services and amenities they provide for seniors and other older adults. They may offer independent living, assisted living, and/or skilled nursing services as well as educational, recreational activities, dining accommodations, and transportation services.
County: County, with a capital “C,” refers to Sutter County; when used with a lowercase “c” it means any other county geographic limits of Sutter County.
Dedication, In lieu of: Cash payments that may be required of an owner or developer as a substitute for a dedication of land.
Density Bonus: The allocation of development rights that allow a parcel to accommodate additional square footage or additional residential units beyond the maximum for which the parcel is zoned, usually in exchange for the provision or preservation of an amenity at the same site or at another location. The State of California regulates the types of development that are entitled to a density bonus.
Density: The number of residential dwelling units per acre of land. Densities specified in the General Plan are expressed in units per net developable acre.
Developable Land: Land that is suitable as a location for structures and which can be developed free of hazards to, and without disruption of, or significant impact on, natural resource areas.
Developer: An individual or business that prepares raw land for the construction of buildings or builds or causes to be built physical building space for use primarily by others, and in which the preparation of the land or the creation of the building space is in itself a business and is not incidental to another business or activity.
Development Fee: See “Impact Fee.”
Disabled: A person determined to have a mobility impairment or mental disorder expected to be of long or indefinite duration. Many such impairments or disorders are of such a nature that a person’s ability to live independently can be improved by appropriate housing conditions.
Down Payment: An initial payment for a home or property that generally constitutes between 10 to 20 percent of the property value. Many banks and lending institutions require a down payment as part of a loan agreement for the remainder of the property value.
City of Yuba City –2021-2029 Housing Element Update 181 Duplex: A detached building under single ownership that is designed for occupancy as the residence of two families living independently of each other.
Dwelling Unit: One or more rooms with a single kitchen, designed for occupancy by one family for living and sleeping purposes.
Employment Center: A geographic area in which a large number of jobs are concentrated.
Environmental Impact Report (EIR): A report that assesses all the environmental characteristics of an area and determines what effects or impacts will result if the area is altered or disturbed by a proposed action. (See “California Environmental Quality Act.”)
Family: An individual or a group of persons living together who constitute a housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or institution of any kind.
Financing: Money loans for the construction of new housing or for land or home purchases.
General Plan: A compendium of a city’s or a county’s policies regarding its long-term physical, social, and economic development, in the form of maps and accompanying text. The General Plan is a legal document required of each local agency by the California Government Code Section 65301 and adopted by the City Council.
General Plan Advisory Committee (GPAC): A committee consisting of two City Council members, two County supervisors, two City planning officials, two County planning officials, and seven community members. The GPAC is responsible for developing initial policies and programs for the Yuba City Housing Element and the General Plan updates.
Home Mortgage Disclosure Act (HMDA): This law was enacted by the US Congress in 1975 and is implemented by the Federal Reserve Board’s Regulation C. This regulation provides the public with loan data that can be used to determine whether financial institutions are serving the housing needs of their communities and to identify possible discriminatory lending patterns. Certain lending institutions must report loan data, such as the number of loans that were applied for, approved, denied or withdrawn, on a regular basis.
Homeless: Refers to individuals who lack a fixed, regular, and adequate night-time residence and to individuals whose primary night-time residence is a supervised publicly or privately operated shelter designated to provide temporary living accommodations; an institution that provides a temporary residence for individuals intended to be institutionalized; or a public or private place not designated for, or ordinarily used as, a regular sleeping accommodation for human beings.
Household: All those persons, related or unrelated, who occupy a single housing unit. (See “Family.”) Householder: The person, or one of the people, in whose name the home is owned, being bought, or rented.
Housing Authority: A local agency that administers housing programs, such as Section 8, in conjunction with a local government. In Sutter County, the Regional Housing Authority of Sutter and Nevada Counties works with the County and the City of Yuba City.
City of Yuba City –2021-2029 Housing Element Update 182 Housing Element: One of the seven State of California-mandated elements of a local General Plan, it assesses the existing and projected housing needs of all economic segments of the community; identifies potential sites adequate to provide the amount and kind of housing needed; and contains adopted goals, policies, and implementation programs for the preservation, improvement, and development of housing.
Housing Unit: The place of permanent or customary abode of a person or family. A housing unit may be a single-family dwelling, a multifamily dwelling, a condominium, a modular home, a mobile home, a cooperative, or any other residential unit considered real property under California law.
Impact Fee: A fee, also called a development fee, levied on the developer of a project by a city, county, or other public agency as compensation for otherwise-unmitigated impacts the project will produce. A development fee is based on the estimated reasonable cost of providing the service for which the fee is charged.
Income Categories: The income limits for each income group are as follows:
• Extremely Low: A household with an annual income of 30 percent or less of the area median income adjusted by household size, as determined by a survey of incomes conducted by a city or county, or in the absence of such a survey, based on the latest available eligibility limits established by the US Department of Housing and Urban Development.
• Very Low: A household with an annual income usually no greater than 50 percent of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or county, or in the absence of such a survey, based on the latest available eligibility limits established by the US Department of Housing and Urban Development for the Section 8 housing program. • Low: A household with an annual income usually no greater than 80 percent of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or county, or in the absence of such a survey, based on the latest available eligibility limits established by the US Department of Housing and Urban Development.
• Moderate: A household with and annual income between the lower income eligibility limits and 120 percent of the area median family income adjusted by household size, usually as established by the US Department of Housing and Urban Development.
• Above-Moderate: A household with an annual income above 120 percent of the County’s area median family income adjusted by household size, as determined by a survey of incomes conducted by a city of a county, or in the absence of such a survey, based on the latest available eligibility limits established by the US Department of Housing and Urban Development for the Section 8 housing program.
Income: The sum of the amounts reported separately for wages, salary, commissions, bonuses, or tips; self-employment income from own non-farm or farm businesses, including proprietorships and partnerships; interest, dividends, net rental income, royalty income, or income from estates and trusts; Social Security or Railroad Retirement income; Supplemental Security Income (SSI); any public assistance or welfare payments from the state or local welfare office; retirement, survivor, or disability pensions; and any other sources of income received regularly, such as Veterans’ Administration (VA) payments, unemployment compensation, child support, or alimony.
Infill Development: Development of vacant land (usually individual lots or left-over properties) within areas that are already largely developed.
City of Yuba City –2021-2029 Housing Element Update 183 Infrastructure: Public services and facilities, such as sewage-disposal systems, water-supply systems, other utility systems, and roads.
Interest Rate: The rate at which a bank or other lending institution charges for outstanding debt. The interest rate is a certain percentage of the outstanding loan amount.
Land Use: The occupation or utilization of land or water area for any human activity or any purpose defined in the General Plan.
Lot coverage: The percentage or amount of the gross lot area that a building is allowed to cover per local zoning regulations. (See “Zoning.”)
Lot: (See “Site.”)
Mortgage: All forms of debt where the property is pledged as security for repayment of the debt.
Nonfamily Household: Any persons, related or unrelated, who occupy a single housing unit but who are not a family. (See “Family.”)
Objective: A thing aimed at, a goal.
Overcrowding: Defined as more than one person per room in a housing unit.
Parking, Podium: Surface parking over which residential units are constructed. Generally, the first floor or entry level of the building is for parking.
Parking, Underground: Parking that is completely underground and on top of which residential dwelling units (or other nonresidential uses) are built.
Project Costs: The total cost of new residential development.
Regional Housing Needs Allocation (RHNA): The future housing needs for each region in California as determined by regional councils of government (the Sacramento Area Council of Governments in the case of the Sacramento Metro area). The most recent allocation covers the period between 2006 and 2013.
State law requires regional councils of government to identify for each city and county its “fair share allocation” of the Regional Housing Needs Allocation.
Regional: Pertaining to activities or economies at a scale greater than that of a single jurisdiction and affecting a broad homogenous area.
Residential, Multiple Family: Usually three or more dwelling units on a single site, which may be in the same or separate buildings.
Residential, Single Family: A single dwelling unit on a building site.
Residential: Land designated in the General Plan and Zoning Ordinance for buildings consisting of dwelling units. May be vacant or unimproved. (See “Dwelling Unit.”) Sacramento Area Council of Governments (SACOG): SACOG is the regional planning agency and council of governments for the six-county Sacramento Metropolitan Area. Elected officials and representatives from Sacramento Metro cities and counties comprise SACOG’s Board of Directors.
SACOG is the agency responsible for determining each city’s and county’s Regional Housing Needs Allocation.
City of Yuba City –2021-2029 Housing Element Update 184 Second Family Residence: A self-contained living unit, either attached to or detached from, and in addition to, the primary residential unit on a single lot. Sometimes called “second unit,” “granny flat,” or “mother-in-law” unit.
Section 8 Housing Choices Voucher Program: A federal (HUD) rent-subsidy program that is the main source of federal housing assistance for low-income households. The program operates by providing “housing assistance payments” to owners, developers, and public housing agencies to make up the difference between the “Fair Market Rent” of a unit (set by HUD) and the household’s contribution toward the rent, which is calculated at 30 percent of the household’s adjusted gross monthly income.
Section 8 includes programs for new construction, existing housing, and substantial or moderate housing rehabilitation.
Senior Congregate Care Facility: Any residential facility that is restricted to persons age 60 or older (per Yuba City Zoning Regulations).
Senior Housing: Typically one- and two-bedroom apartments designed to meet the needs of persons 62 years of age and older or, if more than 150 units, persons 55 years of age and older, and restricted to occupancy by them. (See “Senior Congregate Care Facility.”) Seniors: As defined by the Yuba City Zoning Regulations, seniors include persons age 60 and older.
However, for the purposes of analyzing US Census data (age cohorts), seniors are defined as age 65 and older.
Setback: A zoning requirement that establishes a specified distance from a lot line for the location of a building. A minimum setback also is known as a minimum yard requirement.
Shared Living: The occupancy of a dwelling unit by persons of more than one family to reduce housing expenses and provide social contact, mutual support, and assistance. Shared living facilities serving six or fewer persons are permitted in all residential districts by Section 1566.3 of the California Health and Safety Code.
Single-family Dwelling, Attached: A building containing two dwelling units with each unit having its own foundation on grade.
Single-family Dwelling, Detached: A building containing one dwelling unit on one lot.
Site Work: Improvements made to an undeveloped piece of land to support the construction of buildings on the site. Such improvements include grading and other infrastructure improvements.
Site: A parcel of land used or intended for one use or a group of uses and having frontage on a public or an approved private street. Sometimes referred to as a “lot.” Skilled Nursing Facility: These facilities provide short-term and long-term care for those who need 24- hour nursing supervision. Medical treatment is offered under the supervision of licensed nurses, and at least one registered nurse must be on duty during the day. All skilled nursing facilities must be registered by the State of California.
Soft Costs: Development costs, other than construction costs and site development costs, generally including interest, origination fees, appraisals, and other costs associated with real estate development.
City of Yuba City –2021-2029 Housing Element Update 185 Specific Plan: A plan that provides detailed design and implementation tools for a specific portion of the area covered by a General Plan. A Specific Plan may include all regulations, conditions, programs, and/or proposed legislation that may be necessary or convenient for the systematic implementation of any General Plan element(s).
State of California Department of Housing and Community Development (HCD): The State of California’s principal housing agency whose goals include the promoting housing and community development, increasing the supply of housing (especially affordable housing), and conserving and improving housing conditions. HCD is the state agency responsible for certifying local Housing Elements and for distributing funds for affordable housing.
Substandard Housing: Residential dwellings which, because of their physical condition, do not provide safe and sanitary housing.
Tenure: Refers to the distinction between owner-occupied and renter-occupied housing units.
Transit, Public: A system of regularly-scheduled buses and/or trains available to the public on a fee-perride basis. Also called “Mass Transit.” Transit: The conveyance of persons or goods from one place to another by means of a local, public transportation system. (See “Transit, Public.”)
US Department of Housing and Urban Development (HUD): The federal housing agency responsible for housing and community development on a nationwide basis. HUD provides funds for local housing and community development initiatives and programs and administers federal housing laws.
Underdeveloped Land: Lots or parcels for which the governing zoning regulations allow a greater intensity of development than what currently exists (either a greater number of dwelling units per acre or a larger floor-to-area ratio).
Undevelopable: Specific areas where topographic, geologic, and/or surficial soil conditions indicate a significant danger to future occupants and a liability to the City and are thus designated as undevelopable by the City.
Uniform Building Code (UBC): A national, standard building code that sets forth minimum standards for construction.
Vacancy Rate: The percentage of housing units that are unoccupied because they are either for sale or for rent. The vacancy rate provides a measure of the demand and supply for housing. Low vacancy rates indicate that demand for housing is very strong (or that it is in short supply), while high vacancy rates indicate that there is an oversupply of housing.
Vacant: Lands or buildings that are not actively used for any purpose.
Zoning: The division of a city by legislative regulations into areas, or zones, which specify allowable uses for real property and size restrictions for buildings within these areas; a program that implements policies of the General Plan.
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City of Yuba City –2021-2029 Housing Element Update 187 Appendix III. Qualified Entities
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City of Yuba City –2021-2029 Housing Element Update 195
Agenda Item 15
CITY OF YUBA CITY
STAFF REPORT
Date: May 5, 2026
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Development Services Director Summary
Subject: ZC 26-01 Mobile, Open Air, and Sidewalk Vending Ordinance Update Recommendation: A. Conduct a Public Hearing; and
B. Introduce by title only and waive the first reading of an Ordinance of the City Council of the City of Yuba City amending Article 53 of Chapter 5 of Title 8 of the Municipal Code regarding mobile, open air, and sidewalk vending operations, including a finding that Zoning Code Amendment ZC 26-01 is not subject to environmental review pursuant to CEQA Guidelines Section 15061(b)(3) Fiscal Impact: No direct fiscal impact will result from amending the Municipal Code to revise the standards discussed
Purpose:
To update the Municipal Code standards regulating vending operations within the city limits (including seizure of equipment of illegal vendors serving food), implementation of new requirements from the State involving sidewalk vending, and to clarify limitations on regulations to promote young entrepreneurs.
Strategic Focus Area:
This item is consistent with the City's Strategic Focus Areas of Economic Development and creating and maintaining Safe Communities.
Establishing enhanced penalties for unpermitted vendors protects permitted vendors and restaurants who have complied with food facility regulations and obtained the required permits to operate.
Additionally, clarifying special exceptions for young entrepreneurs promotes the development of business acumen for the next generation.
Background:
The City Council considered this matter on March 17, 2026. After conducting a Public Hearing and receiving public comment, the City Council directed staff to make certain amendments to the ordinance (explained in the Analysis section below) and to circulate the updated draft ordinance to the local restaurant association for comment. No additional public comments have been received.
The Planning Commission considered this matter at a notice Public Hearing on February 25, 2026.
There was no opposition expressed, and the Planning Commission unanimously recommended approval of the proposed Ordinance to the City Council.
Staff periodically brings forward recommended code revisions to incorporate statutory and miscellaneous changes for consideration to keep the Zoning Code contemporary for the City’s needs and consistent with State law.
The City’s regulation of mobile vendors was last modified over a decade and a half ago. Since that time, there have been substantial changes both in business practices and in comprehensive changes in State law, local vending practices, etc. that necessitate an ordinance update.
Analysis:
The draft Ordinance proposes to address these issues, as well as other updates, including codifying largely existing practices for youth lemonade stands, removing outdated language, syncing up requirements for mobile and other vendors, etc.
Mobile Vendors
Mobile vendors include food trucks, mobile caterers and can include ice cream trucks, push carts and bicycle carts. Below is a summary of changes proposed for mobile vendors. • Update definitions for compliance with State law and practice. • Require a permit to operate to be prominently displayed at point of sale. • Clarify that permit renewals are to ensure data on file with the City is current. • Update allowed hours of operation from 8pm to 9pm.
• Establish options for food trucks to operate, if approved by a school, in loading/unloading areas for up to 2.5 hours daily.
• Limit sales from private commercial property to 2 hours before needing to move locations.
Create an exception if the City issues a temporary use permit or other approval. • Provide for a single food truck to serve a party at a private residence for one day. • Provide an option for limited tables and chairs if allowed by the City under a temporary use permit or specified in another City approval.
On March 17, 2026, the City Council provided direction to make the following ordinance revisions.
• Allow mobile vendors to be at a location on commercial private property, with landowner consent, to vend up to six hours per day and to be onsite a total of nine hours to allow for set-up and clean-up before having to relocate.
• Allow mobile vending to occur on unimproved property with approval of a temporary use permit issued by the City.
Open Air Vending (“Pop Up” Vendors)
Recently there has been a significant spike in illegal vending operations, especially with illegal food vendors temporarily setting up on private and public property and selling food at various locations throughout the city where otherwise prohibited. These operations can be quite extensive, including tents, generators, lights, food service areas, tables, chairs, music, etc. Among others, these “pop up”
vendors are often trespassing, do not comply with State food facility regulations overseen by Sutter County, violate safety and ADA requirements, are in incompatible locations with existing uses, and are placing lawfully operating vendors (including traditional brick and mortar restaurants and licensed food truck vendors) at a significant competitive disadvantage.
City Code Enforcement conducts periodic evening and weekend education and enforcement activities.
Despite this, these illegal operators continue to “pop up” throughout the City. Code Enforcement has even had to close down illegal vendors multiple times in a single evening operation. Additionally, many of the operators claim to not have any identification, making any administrative citations or fines difficult to enforce.
The proposed Ordinance will provide Code Enforcement with the following additional enforcement options:
• Seize and dispose of perishable materials, including unsafe food. • Seize equipment associated with the operation. The equipment would be stored by the City for 30 days and then can be disposed of if not claimed by the owner. • The owner can come to the City to reclaim the property upon providing suitable evidence of ownership, etc.
• Any costs incurred in the salvage, disposal, or storage of impounded property may be assessed against any responsible person, including the owner.
• An appeal process.
• The draft Ordinance (Section 8-5.5380 (d)) states that violations shall constitute a misdemeanor and not an infraction. Due to restrictions of State law, this provision does not apply to sidewalk vendors.
The proposed Ordinance establishes a new “temporary use permit” that can be approved by the Director of Development Services for short-term activities on publicly owned property for three or fewer consecutive days within a 90-day period and sponsored by educational, fraternal, religious or service organizations or tax-exempt organizations. Other temporary uses may be considered by the Director if they are similar in nature and the required findings can be made, otherwise the Director shall forward the matter to the Planning Commission for consideration.
These requirements are in addition to the existing food vendor requirements having the appropriate Sutter County Environmental Health permit(s), City business license, a vending permit, insurance, etc.
Sidewalk Vendors
The State continues to pass legislation imposing additional limitations on the ability of cities to regulate local affairs. This includes the adoption of SB 946 and successor legislation which limits the ability of local governments to regulate sidewalk vendors, except as authorized under the law. In essence, the City is prohibited from regulating sidewalk vendors unless it adopts a program, such as through an Ordinance, in limited circumstances and when the restriction is directly related to objective health, safety, or welfare concerns.
The draft initial Ordinance establishes a program requiring, among others, limitations of sidewalk vending in residential zones, in parks with concessions, and on hours of operation; compliance with the ADA and local permit requirements; compliance with applicable Sutter County Environmental Health regulations; distance requirements from special events, etc. Under State law, violations of a city’s sidewalk vending regulations by a sidewalk vendor are punishable only by administrative fine.
As previously stated, the draft Ordinance (Section 8-5.5380 (d)) states that violations shall constitute a misdemeanor and not an infraction. Due to restrictions of State law, this provision does not apply to sidewalk vendors.
Young Entrepreneurs
Many youth have had their first business opportunities from a simple stand in their front yards occasionally selling lemonade, baked goods, crafts, and similar items. Others have worked with local businesses to allow occasional sales to entering/exiting customers.
Currently this is illegal in many cities, who would require health permits, business licenses, insurance, and even entitlement such as a use permit. However, it has been the Council’s policy to encourage youth entrepreneurship and promote community engagement, and it has been the City’s practice to provide flexibility to these budding entrepreneurs. In furtherance of this, the draft Ordinance proposes to formally codify exceptions for minors under the age of 18 from limited, low-impact sales activities without a business license.
To qualify, sales must be located on a residential property owned or lawfully occupied by the youth entrepreneur, or on a commercial or similar property where the owner or authorized agent has granted permission for the activity. Sales may not include alcoholic beverages, obstruct public rights-of-way or sidewalks, or create traffic or safety hazards (such as having an open flame). Sales shall not exceed a cumulative total of 25 days within a rolling 12-month period. Temporary use of portable tables, chairs, shade structures, or other site furniture, and signs is permitted.
Environmental Considerations:
After reviewing the California Environmental Quality Act (CEQA) and the Guidelines, staff believes this item is covered by the general rule specified at CEQA Guidelines Section 15061(b)(3) and has determined with certainty that there is no possibility the proposed update to the Municipal Code would cause a significant, adverse, effect on the environment. This is because the proposed revisions merely provide for refinements to existing allowed uses and for additional clarity regarding the standards for Mobile, Open Air, and Sidewalk Vending operations in the City of Yuba City.
Fiscal Impact:
No direct fiscal impact will result from amending the Municipal Code to establish the proposed revisions. Existing budgeted monies will be used for this effort.
Alternatives:
The City Council may determine not to introduce the Ordinance proposed or may desire to make revisions to the proposal. Depending on the nature of desired revisions, it may necessitate a continuance of the matter.
Recommendations:
A. Conduct a Public Hearing; and
B. Introduce by title only and waive the first reading of an Ordinance of the City Council of the City of Yuba City amending Article 53 of Chapter 5 of Title 8 of the Municipal Code regarding mobile, open air, and sidewalk vending operations, including a finding that Zoning Code Amendment ZC 26-01 is not subject to environmental review pursuant to CEQA Guidelines Section 15061(b)(3)
Attachments:
1. City Council Ordinance
Prepared By: Submitted By:
Doug Libby, AICP
Director of Development Services
Robert Bendorf
City Manager
ATTACHMENT 1
01248.0005 2078819.10 1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA
CITY AMENDING ARTICLE 53 OF CHAPTER 5 OF TITLE 8 OF THE
MUNICIPAL CODE REGARDING MOBILE, OPEN AIR, AND
SIDEWALK VENDING OPERATIONS
WHEREAS, there has been a significant spike in illegal vending operations, especially with illegal food vendors temporarily setting up on private and public property and selling food at various locations throughout the city where otherwise prohibited. These operations can be quite extensive, including tents, generators, lights, food service areas, tables, chairs, music, etc. Among others, these “pop up” vendors are often trespassing, do not comply with State food facility regulations overseen by Sutter County, violate safety and ADA requirements, are in incompatible locations with existing uses, and are placing lawfully operating vendors (including traditional brick and mortar restaurants and licensed food truck vendors) at a significant competitive disadvantage; cause queuing of vehicles in the street or unsafe ingress/egress of traffic onto sites not suitable for said traffic, blocking of pedestrian passage, trespassing, or setting up semi-permanent operations contrary to the City’s zoning ordinance and which are not compatible with surrounding lawful uses, sanitation (including the lack of hand washing stations, trash receptacles, and appropriate storage to prevent insect intrusions, etc.); and
WHEREAS, the various challenges the City has encountered include difficulty in citing vendors who do not carry personal identification and enforcing said citations, receiving resources from sister agencies in citing food vendors operating unsafely and in violation of State and county law, and encountering “repeat offenders” who continue to vend in violation of Article 53 of Chapter 5 of Title 8 despite having received multiple warning or administrative citations; and WHEREAS, the City Council now desires to amend and supplement Article 53 of Chapter 5 of Title 8 pursuant to its police power to permit the City to impound equipment, food, goods, merchandise, and other vending items from vendors operating in violation of the Municipal Code and/or Sutter County Health Department regulations to thereby promote the public health, safety and welfare of the City’s residents and visitors; and
WHEREAS, the California State Legislature has also passed various legislation limiting local regulation of sidewalk vending; and
WHEREAS, local agencies still retain the authority to pass ordinances regulating certain aspects of sidewalk vending, such as time, place, and manner of vending in sensitive areas, but local agencies are prohibited from banning sidewalk vending altogether; and WHEREAS, additional requirements as to the manner of sidewalk vending are warranted, and are directly related to objective health, safety, and welfare concerns; and WHEREAS, it has been the Council’s policy to encourage youth entrepreneurship and promote community engagement, and it has been the City’s practice to provide flexibility to these budding entrepreneurs for certain vending. In furtherance of this, the Council desires to formally
01248.0005 2078819.10 2
codify exceptions for minors under the age of 18 from limited, low-impact sales activities without a business license; and
WHEREAS, the City Council considered this ordinance pursuant to a noticed public hearing at its meeting on ________________, 2026, and now desires to adopt the same.
NOW THEREFORE, the City Council of the City of Yuba City does ordain as follows:
SECTION 1. Recitals. The above recitals are incorporated by reference.
SECTION 2. Findings. The City Council finds that the updates to the ordinance are necessary for, and promote, the public health, safety, and welfare. The City Council further finds i) the limitations on hours of sidewalk vending are not unduly restrictive, and are not more restrictive than any limitations on hours of operation imposed by other vending uses; ii) the requirements maintain sanitary conditions; iii) the requirements are necessary to ensure compliance with disability access standards, including the Americans with Disabilities Act of 1990; iii) the City has met the requirements for requiring vendors to obtain a permit for vending from the City; iv) requiring a vendor to possess a valid California Department of Tax and Fee Administration seller’s permit promotes accountability, safety, and payment of taxes; v) requiring additional licenses, such as a Sutter County Environmental Health permit for the sales of food, promotes public health, safety, and welfare and is required by law; and vi) requiring compliance with other generally applicable laws is not only consistent with said laws, but allows for more effective enforcement of the same.
The City council also makes additional findings regarding sidewalk vending updates related to objective health, safety, and welfare concerns including as follows:
(a) The presence or accumulation of sidewalk vendors in areas that are necessary or reserved for vehicular or pedestrian ingress or egress, including driveways, loading or unloading zones (including for schools), building entrances and transit stops, or on sidewalks or pedestrian walkways such that adequate space is not reserved for ingress or egress, can cause trip and fall and traffic accidents, create other hazards such as fire hazards relating to the flow of traffic into or out of a building or facility, and inhibit accessibility by individuals with disabilities and others.
(b) The use of stands or additional tables, crates or other equipment or items by sidewalk vendors can further impede the flow of vehicular or pedestrian traffic and cause or contribute to traffic accidents, and can also cause bodily injury to pedestrians resulting from obstructed visibility.
(c) Imposing City business license and permit requirements on sidewalk vendors is necessary to ensure that sidewalk vendors in the City operate in a manner that is safe, legal, and conducive to the public health and welfare.
(d) The operation of stationary sidewalk vendors in residential areas, and the operation of roaming sidewalk vendors at night in residential areas, can increase the incidence of crime in such areas and cause a public nuisance to the residents of such areas.
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(e) The operation of stationary sidewalk vendors in areas of City parks that are within 50 feet of residential dwellings can cause a public nuisance to the residents of such dwellings. (f) The operation of sidewalk vendors in non-residential areas at night, or at any time when the other businesses or uses in such areas are closed, can increase the incidence of crime in such areas.
(g) The transaction of business between sidewalk vendors and persons in motor vehicles can contribute to or facilitate concealment of criminal activities, including but not limited to solicitation and illegal distribution of controlled substances. (h) The creation of loud and unnecessary noises by sidewalk vendors, including the projection or amplification of sounds by sirens, megaphones or other devices, whether for the purposes of attracting attention to their operations or otherwise, can cause a public nuisance.
(i) The presence of sidewalk vendors in streets or on medians increases the risk of vehicularpedestrian and vehicular-vehicular traffic accidents and the adverse effects caused by transaction of business between sidewalk vendors and persons in motor vehicles. (j) The presence of sidewalk vendors near fire hydrants can impede the ability of firefighters to access the hydrants in the most efficient possible manner and thereby threaten public health and safety by slowing the response time in the event of a fire. (k) The operation of sidewalk vendors who sell food or beverages generates trash and refuse and can result in littering, particularly if appropriate receptacles are not provided. (l) The presence of unattended stands or other equipment or items of sidewalk vendors at any time, and the parking or storage of such stands or items in public areas when not in operation, can attract criminal activities including theft, and can increase the likelihood of trip and fall accidents and bodily injury to pedestrians who do not see or expect the presence of such items in their path.
(m) The operation of sidewalk vendors in public parks, where the park operator has an exclusive concessionaire agreement with a concessionaire operating in the park, can unreasonably interfere with the business operations of the concessionaire and the agreement between the park operator and the concessionaire. (n) The operation of sidewalk vendors in the immediate vicinity of areas designated for temporary use permit, or other permit or approval issued by the City can unreasonably interfere with the operations of the special event or other activity authorized by the permit. (o) The operation of sidewalk vendors in the immediate vicinity of certified farmer’s markets or permitted swap meets can unreasonably interfere with the operations of the farmer’s market or swap meet.
(p) The procurement of a permit from the Sutter County Environmental Health Department is required by state law for all sidewalk vendors who sell food.
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(q) All of the regulations imposed on sidewalk vendors by this ordinance are time, place and manner requirements pertaining to the operation of sidewalk vendors and are directly related to objective public health, safety or welfare concerns as set forth in this ordinance.
SECTION 3. CEQA. The City Council finds and determines that the adoption of an ordinance regulating and restricting mobile, pen air, and sidewalk vending operations not a “project” for the purposes of the California Environmental Quality Act (CEQA) as the it establishes administrative activities, or otherwise clarifies uses associated with existing regulations including State regulations, that will not result in direct or indirect physical changes to the environment as contemplated by CEQA Guidelines section 15378. Further, this ordinance is exempt under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Here it can be seen with certainty that there is no possibility that the activity in question would have a significant adverse effect on the environment. As such, this activity is not subject to CEQA.
SECTION 4. Article 53 (Special Provisions for Mobile and Open Air Vending Operations) of Chapter 5 (Zoning) of Title 8 (Planning and Zoning) of the Yuba City Municipal Code is amended to read in its entirety as follows:
Article 53. - Special Provisions for Mobile, and Open Air, and Sidewalk Vending Operations
Sec. 8-5.5305. Declaration of purpose.
The City Council of Yuba City expressly finds that the vending of produce and prepared or prepackaged foods, goods, wares, and/or services on public streets, sidewalks, or alleys and on private property could potentially pose unsafe conditions and special dangers to the public health, safety, and welfare of the residents of the City of Yuba City. It is the purpose and intent of the City Council, in enacting this article, to provide those persons who engage in those types of vending operations with clear and concise regulations to prevent safety, traffic, and health hazards, as well as to preserve the peace, safety, and welfare of the community.
Sec. 8-5.5310. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) "Business owner" shall mean any person, firm, or corporation, which owns or controls any interest in any business engaged in vending as defined in subsection (u) of this section.
(b) "Building complex" shall mean a grouping of any number of buildings that was comprehensively planned as a single or multi-phased project. Building complexes are characterized by shared ingress/egress and parking improvements and master planned utility infrastructure. Building complexes can be located on the same or separate parcel(s) of land.
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(c) "Commissary" shall mean a food establishment in which food, containers, equipment, or supplies are stored or handled for use in motorized food wagons or conveyance. (d) "Conveyance," as used in this chapter, shall mean any vehicle (except motorized food wagons, as defined below), trailer, cart, wagon, or stand, with or without wheels, which may be moved from one place to another under its own power or by other means. (e) "Fixed place of business" shall mean a commercial activity operating from an immoveable building or enclosed structure at a permanent location which complies with applicable City, State and Federal regulations.
(f) "Itinerant merchant," for purposes of this chapter, shall mean any person who engages in a temporary business of selling and delivering goods, wares, or merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses, or occupies any building structure, motor vehicle, tent, public rooms in hotels, lodging houses, apartments, shops, or any street alley, or other place within the City, for the exhibition and sale of such goods, wares, or merchandise, either privately or at public auction; provided that any person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer.
(g) "Mobile food vendor" shall mean any person that sells, or causes or allows another, whether as an employee or as an independent contractor leasing or renting equipment, to sell any food or drinks by means of a motorized food wagon or nonmotorized vehicle, such as catering truck, motorized cart, food truck, or other itinerant method. It includes a nonmotorized vehicle which is not self-propelled or which cannot be moved by a person pushing or pulling such nonmotorized vehicle. Where one person employs another person to sell food or drinks or where one person leases or rents equipment or a vehicle to another person to allow them to sell food or drinks, both individuals shall be considered mobile food vendors. Mobile food vendor shall not mean a sidewalk vendor as defined by this article.
(h) "Mobile vendor" shall mean a person conducting commercial activity from either a motorized or nonmotorized vehicle, or in conjunction with the same, offering goods for sale on a temporary, intermittent or seasonal basis in which customers approach the vehicle to make a purchase. This term includes mobile caterers, mobile food vendors, lunch wagons, eating cars, ice cream trucks, pushcarts, bicycle carts, motorized food wagon or conveyance. Notwithstanding, a mobile vendor does not include a sidewalk vendor.
(ih) "Mobile unit" shall mean any vehicle, truck, trailer, cart, pushcart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles.
(ji) "Motor vehicle" shall mean any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles.
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(kj) "Motorized food wagon" shall mean any vehicle as defined in the California Vehicle Code, which is equipped and used for retail sales of prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind on any public street, alley, highway, or private street, alley, or property within the City of Yuba City. For the purposes of this chapter, a motorized food wagon shall also include any trailer or wagon pulled by a vehicle.
(lk) "Open air vendor" shall mean a person conducting commercial activity from either a motorized or nonmotorized vehicle at a fixed location on private property, offering goods for sale on a temporary, intermittent or seasonal basis in which customers approach the vending operation to make a purchase. Open air vendor operations are not mobile enough to comply with the time requirements identified for mobile vendors and are therefore constrained to setting up operations at an approved fixed location. Open air vending includes commercial activity from a stall or booth, including food sales, and may include associated canopies, tables, chairs, serving tables, temporary signage, or displays affiliated with the same. Notwithstanding, an open air vendor does not include a sidewalk vendor.
(ml) "Operator's permit" shall mean either a mobile vendor permit, or an open air vendor permit, or sidewalk vendor permit as provided for in this article. (m) "Peddler," for purposes of this chapter, shall mean any person traveling by ft., motor vehicle, mobile unit or any other type of conveyance from place to place conveying or transporting goods, wares, merchandise, foods, farm products, or provisions, or personal property of any nature whatsoever, and hawking or offering and exposing the same for sale, soliciting or taking or attempting to take orders for the same or for services to be furnished or performed in the future, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer or solicit or taking or attempting to take orders for the same for sale from a motor vehicle or mobile unit.
(n) "Peddle" and "peddling" shall mean traveling by ft., motorized vehicle, nonmotorized vehicle or any other type of conveyance from place-to-place, house-to-house, or from street-to-street, carrying, conveying or transporting goods, wares, merchandise, or food and concurrently offering or exposing the same for sale. (o) "Peddling" shall mean the act of being a peddler.
(np) "Permittee" shall mean the person issued a permit to operate either a mobile or open air vending operation by the City of Yuba Citycity. (oq) "Persons" shall mean any person, business owner, firm, partnership, association, or corporation, and includes, but is not limited to, owners, operators, drivers, lessors, and lessees of motorized food wagons and conveyances.
(pr)"Public sidewalk or street" shall mean all of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks and public ways or dedicated easements for public rights-of-way.
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(qs) “Sidewalk vendor” shall mean a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. A sidewalk vendor also includes a “roaming sidewalk vendor” who moves from place to place and stops only to complete a transaction, as well as a “stationary sidewalk vendor” who vends from a fixed location.
"Solicitor," "drummer," or "canvasser" shall mean any person who goes from house to house or from place to place taking, or attempting to take, orders for the sales of goods, wares, and merchandise of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has a sample, or whether or not he or she is collecting advance payments. "Canvasser" shall also include any person who goes from house to house or place to place for the purpose of leaving samples and/or advertisements for any goods, wares, or merchandise or for services to be rendered. (t) "Traveling merchant" shall mean any person who engages in buying, selling, trading or exhibition for purchase, sale or trade of any goods, wares, merchandise or services doorto-door, street-to-street or on a temporary or intermittent basis from a location which is not a fixed place of business. Traveling merchant includes, but is not limited to mobile street vendors and persons commonly referred to as solicitors, peddlers, hawkers, itinerant merchants, door-to-door salesman and transient vendors(ru) "Vend" or "vending" shall mean the sale of any goods, wares, merchandise, prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind from private or public property.
(sv) "Vendor"/"operator" shall mean any person who sells and makes immediate delivery, or offers for sale and immediate delivery, any goods, wares, or merchandise, or drives, operates, vends, and/or prepares food on or from a motorized food wagon or conveyance.
Sec. 8-5.5315. Regulation of sales.
It is unlawful for any person to vend, or attempt to engage in vending, or to conduct business for the purpose of vending, or operate any vehicle or conduct any business for the purpose of vending, from any motor vehicle, motorized food wagon, mobile unit, or conveyance, that is parked, stopped, or standing upon any public street, alley, highway, or property, or private street, alley, or property within the City of Yuba City except in accordance with all applicable provisions of this Codechapter.
Sec. 8-5.5320. Permit to operate—Mobile vendors.
A person desiring to engage in a mobile vendor operation, as defined by this article, shall submit a written application for a zoning clearance permit with all supporting information required by the City of Yuba City. Such application shall be accompanied by a nonrefundable, non-transferable application fee in an amount as may be established by resolution of the City Council. A zoning clearance ny such permit shall be required to be renewed annually so that all information on file is current and a separate nonrefundable, nontransferable application fee shall annually be paid annually for such renewal application. Vendors must have the permit in their
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possession when vending. Additionally, the permittee shall display a City issued permit sticker upon each of their mobile units, motor vehicles, or motorized food wagons, as defined herein to demonstrate compliance with the requirements of this article. For mobile vending not directly occurring from a mobile unit, motor vehicle, or motorized food wagon, such as may be the case for certain mobile food vendors, the permit must be prominently displayed at the point of sale in a location readily visible to the public and available for inspection. (a) As part of the permit to operate application, the vendor or business owner shall provide the following:
(1) Name, mailing address, and telephone number of applicant; (2) Presentation of a California driver's license, if any, or other photographic identification issued by a State or United States Federal agency establishing the applicant's age as 18 or older;
(3) Proof of current vehicle registration and a copy of an applicable vehicle insurance policy for any vehicles used in the vending activity;
(4) Four photographs (showing different exterior views) of each motorized food wagon or conveyance;
(5) A copy of a current Sutter County Environmental Health permit for any food service vending operation;
(6) A copy of the vendor or business owner's current business license certificatebusiness tax certification and applicable Board of Equalization Seller's Permit; (7) Business owners must show proof of payment to a commissary for the prior 12 months for all cases involving the reissuance of a permit; and proof of current payment for new vendors;
(8) Satisfactory proof of insurance as required by Section 8-5.5355; (9) A description of the goods, wares, merchandise, products, or any other thing or representation of value on consignment which will be the subject of the applicant's peddling or itinerant merchant business or activity.
(b) A permit to operate shall be granted unless:
(1) The vendor or business owneroperator fails to submit a complete application; (2) The vendor or business owner operator makes any omission, untrue statement or material misrepresentation in the application or provides fraudulent documentation with the application;
(3) The vendor or business owneroperator has violated this article within the last 12 months;
(4) Any vehicle proposed to be operated lacks the required equipment, is improperly licensed or is unsafe;
(5) The vendor or business owneroperator has not otherwise complied with this article.
Sec. 8-5.5325. Conditions to operate—Mobile vendors.
A person who has obtained a zoning clearance permit to operate a mobile vending operation shall comply with all of the required conditions below or be subject to revocation of the permit as described in Section 8-5.5360.
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(a) No permittee shall engage in business activity between the hours of 9:008:00 p.m. and 8:00 a.m., except upon invitation of the occupant or business owner. (b) No permittee shall solicit or attempt to solicit on any premises on which a notice or sign is clearly posted prohibiting solicitations or indicating the owner or occupant desire not to be solicited.
(c) The peddling of goods, merchandise, wares, or foods within a public or private parking lot is prohibited, unless the permittee can provide written permission from the property owner of the subject property to be located at said location. (d) The permit shall be exhibited by the permittee whenever requested by a law enforcement officer or at the request of any citizen the permittee is engaged in selling or soliciting. (e) The permittee shall maintain a valid City of Yuba City Business Licensebusiness license certificate at all times.
(f) No permittee shall peddle goods from any motorized vehicle that is not properly licensed and insured as required by the State of California.
(g) Any permittee engaged in the sale of tangible personal property that would normally be subject to sales tax if sold at retail shall maintain and have available for review, their California Sellers Permit issued by the California Department of Tax and Fee AdministrationState Franchise Tax Board.
(h) No permittee shall intentionally or deliberately obstruct the free movement of any member of the public on any sidewalk, street or public place. (i) No permittee shall peddle items or solicit to a captive audience, including persons in lines or seated in public places.
(j) No permittee shall peddle any prepackaged food unless the items have all State and Federally required food labels and a Sutter County Environmental Health permit, to sell such items.
(k) Except as otherwise provided, no permittee shall peddle any goods, merchandise, wares or foods by sitting, standing or walking on a public street, or upon a median or parkway within a public street or right-of-way.
(l) No permittee shall peddle or attempt to peddle to the occupant(s) of a vehicle in a public street or highway.
(m) The permittee may not park, store, or maintain a vehicle on a residentially zoned parcel in the City or a public street in a residential area.
(n) The permittee shall comply with all California State Vehicle Code Requirements. (o) The peddling of goods, merchandise, wares or foods from a nonmotorized vehicle with the exception of bicycle carts shall be limited to the public or private sidewalk. Except for bicycle carts, peddling is prohibited from or within a public street or highway.
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(p) The use of amplified music and horns must comply with the City's noise regulations as specified in Title 4, Chapter 17.
Sec. 8-5.5330. Parking and stopping restrictions—Mobile vendors. (a) A mobile vendor may locate and operate in the public right-of-way subject to the following conditions:
(1) A vendor shall not operate within 100 feet. of any street intersection. (2) No mobile vendor shall stop to conduct his or her business or activity from a motor vehicle or mobile unit within 200 feetft. of another mobile vendor who has already stopped to conduct business.
(3) A mobile vendor not on private property (such as in the public right of way) shall move not less than 600 feetft. at least every 30 minutes and may not return to a previous location or within 600 feetft. of a previous location on the same calendar day.
(i) An exception to the above requirements include The lone sole exception to the above requirement is at an industrial/office building or office buildingcomplex where there are multiple shift changes over during the course of a 24-hour day.
For those occurrences, a mobile vendor can return to the same location a maximum of two times during a calendar day.
An additional exception shall include school zones, as allowed by the school district in writing, where mobile vendors do not interfere with school functions and may operate in designated drop-off and pick-up zones for up to 2.5 hours daily to provide food service on the sidewalk side of the vehicle only.
For those occurrences, a mobile vendor can return to the same location a maximum of two times during a calendar day.
(b) A mobile vendor operating lawfully on private property (e.g., not in the public right of way or on a street) shall move not less than 600 feet at least every 9 hours and may not return to a previous location or within 600 feet of a previous location on the same calendar day. No mobile vendor shall be onsite for more than 9 hours, or be engaged in vending more than 6 hours during that time.
(1) An exception to the above requirements are those uses that are specifically authorized for the private property with an approved use permit, temporary use permit, or other permit or approval issued by the City.
(c) No mobile vending may occur on unimproved property without a temporary use permit issued by the City.
(d) Notwithstanding the foregoing subsections, a mobile food vendor hired by a homeowner or lawful resident to exclusively serve at the private residence for a party or similar event may operate and park under the following conditions:
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(1) Service is limited to only the residential property. (2) Only a single mobile vendor may be present at any one time. (3) A mobile food vendor may park either in the driveway or along the street in front of the residence for the duration of the event. No parking is authorized overnight. If the residence is located within 100 of a local (residential) intersection, then any mobile vending parking on the roadway must be at least 25 feet from the intersection. If the residence is located within 100 feet of any other type of roadway (such as a collector or arterial) intersection, then the mobile vending parking must be located at least 50 feet from the intersection if it is not reasonably feasible to park at least 100 feet away or to use the driveway.
(4) No use permit, temporary use permit, or other permit is required for use of the residential property in such a manner. However, the mobile food vendor is still required to comply with section 8-5.5335, including a permit to operate. (5) This exception shall not be used more than six times in a rolling twelve- month period.
(6) This exception does not apply to apartment complexes.
Sec. 8-5.5335. Condition/appearance of site and motorized food wagon and conveyance— Mobile vendors.
(a) Any permitted mobile vendor who stops at a site shall maintain the property as follows:
(1) The site shall be maintained in a safe and clean manner at all times. (2) No tables, chairs, fences, shade structures, or other site furniture, (permanent or otherwise), or any freestanding signs shall be permitted for the customers of the business.
(i) An exception to this requirement is a mobile food vendor legally operating at an approved event allowing said uses or site furniture or signs consistent with an approved use permit, temporary use permit, or other permit or approval issued by the City that specifically allows for the use.
(i) An exception to this requirement is for a mobile food vendor hired by a homeowner or lawful resident to exclusively serve at the residence for a period not to exceed one day during normal operation hours, for a total period not to exceed six times in a rolling twelve-month period. For such authorized uses, site furniture may be used on the residential property itself, but not in the street. (3) Exterior storage or display of surplus refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited.
(b) Any permitted mobile vendor shall comply with the following standards for the condition/appearance of their motorized food wagon and conveyance:
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(1) The vendor shall display, in plain view and at all times, current permits and licenses in or on their vehicle.
(2) Any motorized food wagon or conveyance used in the course of vending shall be entirely self-sufficient in regards to gas, water, and telecommunications. (3) Should any utility hook-ups or connections to on-site utilities be required, the vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations. (4) The vendor shall not discharge items from any motorized food wagon or conveyance vehicle onto the sidewalk, gutter, storm inlets, or streets. (c) Any permitted mobile vendor shall comply with the following sanitation standards. (1) All motorized food wagons or conveyances shall operate out of a commissary pursuant to the requirements of the California Health and Safety Code. (2) All motorized food wagons or conveyances shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such a vehicle, and the vendor of the motorized food wagon or conveyance shall pick up all refuse generated by such operation within a 25 footft. radius of the vehicle before such vehicle is moved. No vendor shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor.
(3) A motorized food wagon or conveyance shall comply with California Health and Safety Code regarding the availability of adequate toilet facilities for use by food service personnel.
Sec. 8-5.5340. Permit to operate—Open air vendors.
A person desiring to engage in an open air vendor operation, as defined by this article, shall submit a written application for a use permit with all supporting information required by the City of Yuba City. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as may be established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable, nontransferable application fee shall be paid annually for such renewal application. Vendors must have the permit in their possession when vending. There must be at least one vendor with a valid permit present whenever vending is taking place.
(a) As part of the permit to operate application, the vendor or business owner shall provide the same information as specified in Section 8-5.5320(a). In addition, the applicant must also provide the following:
(1) An affidavit in a form approved by the City from the property owner (if other than self) permitting the vendor to locate on the site;
(2) A site plan, drawn to scale and with dimensions, indicating the location of all existing buildings, structures, driveways, parking spaces, traffic controls, and improvements,
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and the location or areas where the proposed vending activity, structures, and improvements related to the vending activity will be located upon the site; (3) If the open air vendor is located within 400 feet. of a business selling similar goods and products, then the vendor shall obtain written approval from said business and submit such written approval as part of the application. (b) The open air vending application for a use permit shall be forwarded to the Planning Commission for review unless:
(1) The operator business owner or vendor fails to submit a complete application; (2) The business owner or vendor operator makes any omission, untrue statement or material misrepresentation in the application or provides fraudulent documentation with the application;
(3) The business owner or vendor operator has violated this article within the last 12 months;
(4) Any vehicle proposed to be operated lacks the required equipment, is improperly licensed or is unsafe;
(5) The business owner or vendoroperator has not otherwise complied with this article. (c) Any use permit request for an open air vending operation shall be processed in accordance with Section 8-5.7003.
(d) Notwithstanding subsections (b) and (c), and to the extent the proposed use is not otherwise subject to Section 8-5.5103, the Director of Development Services may instead issue a temporary use permit for a variety of short-term activities. (1) Temporary open-air vending. Short-term activities include the following types of temporary uses:
(i) Publicly owned property. Events that are to be conducted on publicly owned property for three or less consecutive days within a 90 day period and are sponsored by educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code. (ii) Any other temporary use the Director of Development Services may determine is similar in nature. If the use does not qualify, then the open air vending application for a use permit shall be forwarded to the Planning Commission for review in accordance with Section 8-5.7003.
(2) Required findings. The Director may approve a temporary use permit application, with or without conditions, only if all of the following findings are made:
(i) The operation of the requested temporary use at the location proposed and within the time period specified would not jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;
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(ii) The proposed location is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the parcel; (iii) The proposed parcel is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use would or could reasonably be expected to generate; and (iv) Adequate temporary parking to accommodate vehicular traffic to be generated by the use would be available either on site or at alternate locations acceptable to the Director.
(3) Appeals. Any applicant or person claiming to be directly and adversely affected by any action of the Director may file an appeal in accordance with Section 8-5.7104.
Sec. 8-5.5345. Conditions to operate an Oopen Aair Vvending Ooperation. (a) Open air vending operations are allowed under the following conditions or be subject to revocation of the permit as described in Section 8-5.5360.:
(1) Vendors may only locate on private property except as authorized by a temporary use permit issued under Section 8-5.5340. No open air vending operations shall be allowed on public property, including the public right-of-way, except as authorized by a temporary use permit, event permit, or similar permit issued by the City. (2) Open air vending operations are allowed in areas where there is a large unmet need for service to be offered by the open air vendor; in general, open air vending operations shall only be allowed in the following areas of the City:
(i) Industrial building/complex greater than 65,000 square feet. (ii) Office building/complex greater than 50,000 square feet. (iii) Retail building/complex greater than 100,000 square feet.
The Planning Commission may issue use permits for open air vending operations in areas of less square footage than shown above when the findings for issuance of a use permit, as provided in section 8-5.7003(d), and in particular, finding number (d)(5), can be made, based on information in the record. The obligation to present evidence of an unmet need in areas of less square footage than shown above is the responsibility of the applicant.
(3) Open air vending operations shall comply with the following development standards:
(i) An open air vendor shall be incidental to a primary use of the subject property on which it isit's located, with the primary use having a valid City business license certificateof Yuba City Business License.
(ii) An open air vendor shall not be permitted as an accessory use to a stand-alone parking lot.
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(iii) If the open air vendor is located within 400 feet. of a business selling similar goods and products, then the vendor shall obtain written approval from said business before being issued permit to operate.
(iv) An open air vendor cannot utilize, or be located on, parking spaces required for the primary use at that property.
(v) An open air vendor cannot be located on a vacant, undeveloped parcel or lot. (vi) An open air vendor must be located on a paved concrete or asphalt parking surface.
(vii) An open air vendor cannot interfere with access, parking, aisles, circulation, driveways, or fire lanes and hydrants.
(viii) An open air vendor cannot interfere with pedestrian movement or create a pedestrian hazard.
(ix) An open air vendor shall not peddle any food unless the items have all State and fFederally required food labels and a Sutter County Environmental Health permit, to sell such items.
(x) An open air vendor engaged in the sale of tangible personal property that would normally be subject to sales tax if sold at retail shall maintain and have available for review, their California Seller's Permit issued by the California Department of Tax and Fee AdministrationState Franchise Tax Board.
Sec. 8-5.5350. Condition/appearance of site—Open air vendors. (a) Any permitted open air vendor who is located at an approved fixed location shall maintain the property as follows:
(1) The site shall be maintained in a safe and clean manner at all times. (2) No tables, chairs, fences, shade structures, or other site furniture, (permanent or otherwise), or any freestanding signs shall be permitted for the customers of the business.
(3) Exterior storage or display of surplus refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited.
(b) Any permitted open air vendor shall comply with the following standards for the condition and /appearance of their motorized food wagon and conveyance. (1) The vendor shall display, in plain view and at all times, current permits and licenses in or on their vehicle.
(2) Any motorized food wagon or conveyance used in the course of vending shall be entirely self-sufficient in regards to gas, water, and telecommunications. (3) Should any utility hook-ups or connections to on-site utilities be required, the vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations. (4) The vendor shall not discharge items from any motorized food wagon or conveyance vehicle onto the sidewalk, gutter, storm inlets, or streets.
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Sec. 8-5.5353. Permit to operate - Sidewalk Vending.
A person desiring to engage in a sidewalk vendor operation, as defined by this article, shall submit a written application for a zoning clearance permit with all supporting information required by the City. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as may be established by resolution of the Council. Any such zoning clearance permit shall be required to be renewed annually and a separate nonrefundable, nontransferable application fee shall be paid annually for such renewal application.
(a) As part of the permit to operate application, the vendor or business owner shall provide the following to the City:
(1) Identification in the form of a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the City otherwise requires a social security number for the issuance of a permit or business license.
(2) A copy of the vendor or business owner's current business license certificate and applicable Board of Equalization Seller's Permit.
(3) Any additional licenses from other state or local agencies to the extent required by law, such as a Sutter County Environmental Health permit for the sales of food. (4) Any other information to ensure compliance with other generally applicable laws. (5) Information on operations, including, but not limited to, any of the following:
(i) The name and current mailing address of the sidewalk vendor. (ii) A description of the merchandise offered for sale or exchange. (iii) A certification by the vendor that to their knowledge and belief, the information contained on the application is true.
(iv) The California seller’s permit number (California Department of Tax and Fee Administration sales tax number) of the sidewalk vendor. (v) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (b) A permit to operate shall be granted unless:
(1) The vendor or business owner fails to submit a complete application; (2) The vendor or business owner makes any omission, untrue statement or material misrepresentation in the application or provides fraudulent documentation with the application;
(3) The vendor or business owner has violated this article within the last 12 months; or (4) The vendor or business owner has not otherwise complied with this article.
Sec. 8-5.5344. Conditions to operate – Sidewalk Vendors.
A person conducting a sidewalk vending operation shall comply with all of the required conditions below or be subject to revocation of the permit as described in Section 8-5.5360.
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(a) No sidewalk vendor shall operate without first obtaining and maintaining a valid City business license certificate and a sidewalk vendor’s permit. (b) Each sidewalk vendor shall display the required sidewalk vendor’s permit in a conspicuous location on the sidewalk vendor’s person or stand at all times while the sidewalk vendor is operating.
(c) Operating Restrictions. It shall be unlawful and a violation of this chapter for any sidewalk vendor to:
(1) Operate outside the hours authorized in the required sidewalk vendor’s permit, which hours shall not exceed 8:00 a.m. to 9:00 p.m.;
(2) Operate as a stationary sidewalk vendor at any time in any residential zone; (3) Leave unattended any stand at any time while operating, or store, park or leave unattended any stand at any time outside of operating hours on any public sidewalk, pedestrian walkway, or other public place;
(4) Sell food without first obtaining and thereafter maintaining the required permit issued by the Sutter County Environmental Health permit or any other permit or license required pursuant to Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code;
(5) Sell food for immediate consumption unless there is a litter receptacle available for patrons’ use;
(6) Leave any location without first disposing of all trash or refuse generated by operating in such location;
(7) Allow any items used in connection with the operation to be placed or stored anywhere other than in, on, or under the stand, or on the person of the sidewalk vendor;
(8) Operate from a stand other than the stand authorized pursuant to the sidewalk vendor’s permit;
(9) Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or displaying capacity of a stand without having obtained express authorization to do so pursuant to the required sidewalk vendor’s permit;
(10) Solicit or conduct business with any person in a motorized vehicle; (11) Sell anything other than the specific food, beverages or merchandise authorized to be sold as part of the operation pursuant to the required sidewalk vendor’s permit; (12) Create any unnecessary noise in violation of this Code, including but not limited, except that such conduct, when engaged in by a sidewalk vendor while operating,
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shall be punishable only by the administrative fines established pursuant to this chapter;
(13) Operate within: (a) 50 feet of any fire hydrant; (b) 25 feet of any transit stop; (c) 25 feet of any building entrance; (d) 15 feet of the outer edge of any driveway or vehicular entrance to public or private property; (e) within 5 feet of any other sidewalk vendor on any public sidewalk, pedestrian path or walkway or other area intended for ingress or egress;
(14) Operate on any public sidewalk or pedestrian path or walkway in a manner that does not maintain 4 feet in width of clear space on the sidewalk, path or walkway, or which otherwise is not in compliance with the Americans with Disabilities Act of 1990;
(15) Operate on a public sidewalk, pedestrian path or walkway in, or within 1,000 feet of any entrance of, a place of public assemblage during or within two hours before or after any event held at the place of public assemblage with the capacity to host 500 or more persons. For purposes of this paragraph: (i) “event” excludes any private gathering that is open neither to the ticketed public nor to the public generally and that does not exceed 500 persons; and (ii) “entrance” means and includes any building entrance or exit and any entrance or exit to or from exterior premises, such as through outer fences or gates or into outer parking lots or driveways on the property or site of the place of public assemblage.
(16) Operate within 100 feet of any street intersection adjacent to a school site, or within 200 feet of another sidewalk vendor who has already stopped to conduct business at a school site, and shall move not less than 600 feet at least every two hours and may not return to a previous location or within 600 feet of a previous location on the same calendar day.
(17) Operate in any public street (i.e., in the street itself and not on the sidewalk), or on any median;
(18) Operate as a stationary sidewalk vendor in any park owned or operated by the City, where the City or other park operator has an agreement in place with a concessionaire that exclusively permits the sale of food or merchandise by the concessionaire, during the hours the concessionaire is open in the park;
(19) Operate as a stationary sidewalk vendor within any area of a City park that is within 50 feet of an abutting residential dwelling;
(20) Operate within a parking lot, except as expressly authorized pursuant to the required sidewalk vendor’s permit based on a finding that such operation will not obstruct vehicular ingress, egress, or parking, or adversely affect public health or safety; (21) Operate within 500 feet of a certified farmers’ market or a permitted swap meet during the operating hours of that certified farmers’ market or swap meet;
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(22) Operate within 500 feet of an area designated for a temporary use permit issued by the City during the duration of the permit; provided, that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the temporary use permit are also provided to the sidewalk vendor, if such vendor is specifically permitted to operate in the area pursuant to a sidewalk vendor’s permit;
(23) Operate in any area or manner that would obstruct or interfere with disability access standards or accessibility to any facility or area that is provided pursuant to requirements of or in compliance with the Americans with Disabilities Act of 1990; or
(24) Operate in violation of any applicable law or regulation.
Sec. 8-5.5355. Insurance requirements.
To obtain an operator's permit from the City, the operator must demonstrate that it maintains, at its sole expense, liability insurance as established by the Director of Development Services from time to time.meeting the following requirements:
(a) General liability coverage of $1,000,000 per occurrence for bodily injury personal injury and property damage.
(b) Separate commercial automobile liability insurance for each motor vehicle proposed to be operated within the City pursuant to the operators permit, with at least the following limits of liability: $1,000,000 per accident for bodily injury and property damage. (c) Evidence that the operator has procured workers compensation insurance covering all employees of the operator.
(d) Required insurance must be issued by companies admitted to do business in California, with a current A.M. Best rating of no less than A:VI. Exception may be made for the State Compensation Insurance Fund when not specifically rated. (e) Each insurance policy required by this Section 8-5.5355 shall provide a minimum scope of insurance at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01).
(2) Insurance Services Office Form Number CA 00 01 covering Automobile Liability, Code 1 (any auto).
(f) The general liability and automobile liability policies are to contain the following provisions:
(1) The City, its officers, agents, officials, employees and volunteers must be named as additional insureds under the policies. General liability coverage shall be provided in the form of an additional insured endorsement (CG 20 10 11 85 or equivalent) to the operator's insurance policy, or as a separate owner's policy.
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(2) For any claims related to the operator's permit or vehicle, the operator's insurance coverage shall be primary insurance as respects the City, its officers, agents, officials, employees and volunteers.
(3) Each insurance policy required by this Section 8-5.5355 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.
(4) Any deductible or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or the operator shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Sec. 8-5.5360. Revocation of permits.
Any permit issued by the City under this article may be revoked by the issuing party City department or body for any of the following reasons, including but not limited to the following, and no new permit shall be issued after revocation for 12 months:
(a) The existence of any fact which, at the time of application, would have caused the City to deny the application, whether such fact existed at the time of the application or occurred thereafter;
(b) Any violation of laws relating to the requirements for operation of a mobile or open air vending operation;
(c) Failure to maintain insurance as required by this article; (d) Failure to maintain a mobile or open air vending operation in a safe and sanitary condition such that the vehicle could pass, at any time throughout the permit period, the inspection required for the issuance of a permit;
(e) Fraud, misrepresentation, or a false statement made in the course of applying for a permit or carrying on the business of a vendor;
(f) The conviction of any crime or misdemeanor involving moral turpitude; (g) Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace, trespass, or to constitute a menace to the health, safety, or general welfare of the public; or
(h) Any violation of this article.
Sec. 8-5.5365. Appeal of revocation or denial.
An operator or applicant for an operator's permit shall be entitled to appeal the City's decision to revoke or deny a permit by filing a written notice of appeal with the City Clerk within ten days from the date the notice of revocation or denial is mailed. The appeal shall set forth the reasons why such action is not proper. Failure to set forth specific reasons why the action is improper or
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to timely file such appeal shall constitute a waiver of the right to appeal, and the proposed adverse action shall become final. The appeal shall be conducted pursuant to the provisions of Article 70 of the Zoning Code.
Sec. 8-5.5370. Exceptions.
The provisions of this article shall not apply to:
(a) Any person engaged in vending conducted in connection with the operations of a Statecertified open-air market or an authorized street fair or event under a special event permit, lease, real property license, agreement (including a concession, or a preexisting businesses identified by the Council in former Section 8-8.5375 that became effective June 17, 2010, for which a separate agreement with the City is required to be in effect with said preexisting business), or other entitlements or approvals issued by the City of Yuba City.
(b) Any person delivering any goods by vehicle where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer by vehicle, regardless of the point of sale.
(c) Persons invited to call upon private residences or businesses that operate from a fixed place of business located in or outside the City limits. (d) Persons selling or soliciting sales of daily or weekly newspaper as defined by the California Government Code.
(e) Persons soliciting or canvassing on behalf of or against any candidate for public office or any ballot initiative.
(f) Persons engaged in selling or soliciting sales as a fundraiser for a local school, civic or nonprofit corporation. For the purposes of this section, local shall mean within a sevenmile radius of the City limits. (g) Persons engaged in religious solicitation or other protected religious activities. (h) Young entrepreneurs. It is the Council’s policy to encourage youth entrepreneurship and community engagement by exempting minors under the age of 18 from this chapter when conducting limited, low-impact sales activities. Notwithstanding any other provision of this Code, this exemption is allows occasional vending for lemonade stands, baked goods, crafts, and similar small-scale activities as authorized by the Development Services Director or designee without the burden of full commercial permitting or regulatory requirements including a business license certificate. To qualify, sales must be located on a residential property owned or lawfully occupied by the youth entrepreneur, or on a commercial or similar property where the owner or authorized agent has granted permission for the activity. Sales may not include alcoholic beverages, obstruct public rights of way or sidewalks, or create traffic or safety hazards (such as having an open flame). Sales shall not exceed a cumulative total of 25 days within a rolling 12 month
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period. Temporary use of portable tables, chairs, shade structures, or other site furniture, and signs is permitted.
Sec. 8-5.5375. Applicability of regulations to existing vending operations[Reserved].The provisions of this article shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this article into law except for those three preexisting businesses identified by the City Council which shall be required to enter into a separate agreement with the City to allow for the continued operation of those businesses (which include: Fat Daddy's Hot Dogs; Fotine's Greek Café; and Rosie's Snobiz). Said agreement, among other things, shall specify that the operators of those three pre-existing, nonconforming businesses can continue to operate at their current locations, selling those items currently sold. The right to operate these businesses shall not be transferable and no expansion of the site or business shall be allowed. These businesses must obtain the insurance required by this article, comply with all applicable Sutter County Health Department regulations and possess a valid City of Yuba City Business License at all times of operation.
Sec. 8-5.5380. Penalties.
Any person violating any provisions or failing to comply with any of the mandatory requirements of this article is subject to the following penalties:
(a) Violations are subject to enforcement by any means authorized in this Code, including but not limited to the administrative enforcement provisions established in Section 1-
6.010 of the Municipal Code. Notwithstanding, said enforcement shall be limited for sidewalk vendors as follows:
(1) A violation of sidewalk vending requirements, other than failure to possess a valid sidewalk vending permit, is only punishable by the following:
(i) An administrative fine of one hundred dollars ($100.00) for a first violation. (ii) An administrative fine of two hundred dollars ($200.00) for a second violation within one year of the first violation.
(iii) An administrative fine of five hundred dollars ($500.00) for each additional violation within one year of the first violation.
(iv) Rescission/revocation of a sidewalk vending permit for the term of that permit upon the fourth violation or subsequent violations.
(2) Vending without a sidewalk vending permit issued by the City is only punishable by the following:
(i) An administrative fine of two hundred fifty dollars ($250.00) for a first violation. (ii) An administrative fine of five hundred dollars ($500.00) for a second violation within one year of the first violation.
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(iii) An administrative fine of one thousand dollars ($1,000.00) for each additional violation within one year of the first violation.
(iv) Upon proof of a valid sidewalk vending permit issued by the City, any administrative fines imposed under this subsection for vending without possessing a copy of the permit shall be reduced to the administrative fines set forth in subsection (a)(1).
(3) All fines imposed pursuant as to sidewalk vendors shall be subject to an ability-to-pay determination as described in California Government Code Section 51039(f).
Concurrently with issuing a citation for such fines to a person, the City shall provide the person with notice of the right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.
(b) Revocation of permit to operate/conditional permit to operate as defined herein in Section 8-5.5360.
(c) Impoundment.
(1) Any City enforcement officers, including any peace officer or Code enforcement officer, is authorized to impound equipment, carts, food, goods, or merchandise of any mobile vendor or open air vendor whose operations constitute an immediate threat, hazard, or danger to persons or property. For food vendors, failure to have a Sutter County Environmental Health permit, or to comply with food safety requirements established by the same, is presumptive evidence of an immediate threat, hazard, or danger to persons. Written notice of the seizure and removal of personal property shall be provided to the person believed to be the owner or otherwise lawfully entitled to possession of the property. (2) The City shall store impounded vending equipment, carts, goods, or merchandise for a minimum of thirty (30) days. If the property is not claimed within that time period, the property will be considered legally abandoned and the City may dispose of the property.
(3) The City may immediately dispose of impounded materials that are perishable or cannot be safely stored.
(4) Any costs incurred in the salvage, disposal, or storage of impounded property may be assessed against any responsible person.
(5) Any owner of impounded vending equipment, carts, food, goods, or merchandise may appeal the impoundment in writing, along with the payment of any appeal fee as set by City resolution, per Section 4-8.601, except that the City Manager may instead choose to designate the City’s Director of Development Services as a hearing officer.
The appeal shall be filed with the city clerk within fifteen days following the date of the impoundment.
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(6) Prior to the expiration of the thirty (30) day holding period or before any appeal related to impoundment becomes final, any person claiming ownership of vending equipment, carts, goods, or merchandise that has been impounded may reclaim such materials upon payment in full of all applicable impound fees incurred and proper proof of ownership. Any unclaimed items will be considered abandoned and forfeited to the City after thirty (30) days following impoundment, and may, in the City’s Director of Development Services’ discretion, be disposed of as appropriate under applicable state law.
(d) Misdemeanor. Violation of the provisions of this article shall constitute a misdemeanor and not an infraction. Notwithstanding, this subsection shall not apply to sidewalk vendors.
Sec. 8-5.5385. Enforcement.
The provisions of this article may be enforced by any peace officer, Code enforcement officer, or the Director of Community Development Services or his/her designee.
SECTION 5. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall be effective on the thirty-first day after its adoption.
This Ordinance was introduced on May 5, 2026, and duly adopted by the City Council of the City of Yuba City at its duly noticed regular meeting _________, 2026, by the following electronic vote:
AYES: Council Member(s):
NOES: Council Member(s):
ABSENT: Council Member(s):
______________________________
Marc Boomgaarden, Mayor
City of Yuba City
Attest:
___________________________
Ciara Wakefield, City Clerk
City of Yuba City
CITY OF YUBA CITY
Future Agenda Items
- Councilmember Cole
- Councilmember Kirchner
- Councilmember Shaw
- Vice-Mayor Pasquale
- Mayor Boomgaarden
CITY OF YUBA CITY
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
City Manager’s Report
CITY OF YUBA CITY
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
City Council Reports
- Councilmember Cole
- Councilmember Kirchner
- Councilmember Shaw
- Vice-Mayor Pasquale
- Mayor Boomgaarden
Adjournment