Planning Commission

Minutes of the Regular Meeting of the Planning Commission Held June 28, 2022, 6:30pm Via ZOOM ________________________________________________________________ Chairman Gregory Contreras called the meeting to order at 6:31pm. Roll Call Present: Commission Members Altamirano, Arce, Rose, Smith, Vice Chair Baker, Chair Contreras Absent: Commission Members Northrup Staff: Senior Planner Kirk Skierski, Deputy City Clerk Ellena Branson, City Manager Kathleen Salguero Trepa, Assistant City Attorney Martin de los Angeles PLEDGE OF ALLEGIANCE: Led by Commission Member Commissioner Altamirano. PUBLIC COMMENTS: None APPROVAL OF AGENDA: Senior Planner Skierski recommended that item 6.2 be continued to the July 26, 2022 Planning Commission Meeting. Motion by Vice Chair Baker to approve the agenda with the continuance of item 6.2, second by Commission Member Altamirano. The motion carried with the following roll call vote: AYES: Commission Members Altamirano, Arce, Rose, Smith, Vice Chair Baker, Chair Contreras NOES: None ABSENT: Commission Members Northrup ABSTAIN: None PUBLIC HEARINGS: 6.1 Barsotti Vacation Rental (STR-2022-02)

Minutes of the Regular Meeting of the Winters Planning Commission June 28, 2022 ________________________________________________________________________ City of Winters Item introduced by Senior Planner Kirk Skierski Public hearing opened at 6:40pm Public hearing closed at 6:41pm Vice Chair Baker requested staff report back on vacation rental properties vs community access to housing. Commissioner Arce inquired about the City’s potential limits on vacation rental approval applications. Commissioner Smith inquired about how the decision would be made to limit or change vacation rental applications and approvals. Motion by Vice Chair to approve the Barsotti Vacation Rental project (STR-2022-02) based on the recommended findings and subject to the draft conditions of approval, second by Commission Member Altamirano. The motion carried with the following roll call vote: AYES: Commission Members Altamirano, Arce, Rose, Smith, Vice Chair Baker, Chair Contreras NOES: None ABSENT: Commission Members Northrup ABSTAIN: None Item continued to the July 26, 2022 Regular Meeting of the Winters Planning Commission 6.2 Winters Highlands – Public Hearing and Consideration by the Winters Planning Commission of the Proposed First Amendment to Amended and Restated Development Agreement between the City of Winters, HBT of Winters Highlands LLC and Meritage Homes of California, Inc. Public hearing opened at Public hearing closed at Motion by Commission Member ___ to adopt Planning Commission Resolution No. PC 2022-07 recommending that the Winters City Council adopt an ordinance approving the First Amendment to Amended and Restated Development Agreement for development of the property commonly known as the Winters Highlands property between the City of Winters and HBT of Winters Highlands, LLC and Meritage Homes of California, Inc. entered into, pursuant to Government Code sections 65864 through 65869.5. , second by Commission Member ______. The motion carried with the following roll call vote: AYES: Commission Members NOES: ABSENT: ABSTAIN: MISCELLANEOUS None

Minutes of the Regular Meeting of the Winters Planning Commission June 28, 2022 ________________________________________________________________________ City of Winters PRESENTATIONS STAFF COMMENTS/INFORMATION ITEMS None COMMISSION COMMENTS/ REPORTS Vice Chair Baker requested staff bring back a report addressing vacation rental property applications approved vs. total number of available housing stalk. (Commissioner Rose, Arce, and Altamirano supported the report) ADJOURNMENT Meeting end time 6:56pm ________________________________ Ellena Branson, Secretary

City of Winters Planning Commission Teleconference Meeting Tuesday, July 26, 2022, 6:30 PM AGENDA Community Development Department Contact Phone Number (530) 794-6714 Chairperson: Gregory Contreras Email: kirk.skierski@cityofwinters.org Vice Chair: Lisa Baker Commissioners: Ramon Altamirano, Judith Arce Kathleen S. Trepa, City Manager Nancy Northrup Senior Planner, Kirk Skierski Chris Rose Ellena Branson, Deputy City Clerk Jessica Smith PLEASE NOTE – The numerical order of items on this agenda is for convenience of reference. Items may be taken out of order upon request of the Planning Commission Chair, Commissioners, or City staff. Public comment is limited to 3 minutes, and speakers will be asked to state their name and address. Zoom Information https://us02web.zoom.us/j/88184650967? pwd=WktNZXZEdHNuQlVXYkFETTBoVUtxQT09 Meeting ID: 881 8465 0967 Passcode: 892134 1. Call to Order: City of Winters Planning Commission Meeting 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS At this time, any member of the public may address the Planning Commission on matters, which are not listed on this agenda. Citizens should reserve their comments for matters listed on this agenda at the time the item is considered by the Planning Commission. An exception is made for members of the public for whom it would create a hardship to stay until their item is heard. Those individuals may address the item after the public has spoken on issues that are not listed on the agenda. Presentations may be limited to accommodate all speakers within the time available. Public comments may also be continued to later in the meeting should the time allotted for public comment expire. 5. APPROVAL OF AGENDA 5.1 June 28, 2022 Minutes 20220628Minutes 5.2 Minutes from the regular meeting of May 24, 2022 20220524 Minutes.docx 1

6. PUBLIC HEARINGS 6.1 Winters Highlands – Public Hearing and Consideration by the Winters Planning Commission of the Proposed First Amendment to Amended and Restated Development Agreement between the City of Winters, HBT of Winters Highlands LLC and Meritage Homes of California, Inc. Staff_Report_DA_Ammendment Resolution2022_07_with_Exhibit_A 7. MISCELLANEOUS 8. PRESENTATIONS 9. STAFF COMMENTS/INFORMATION ITEMS 10. COMMISSION COMMENTS/REPORTS Under Government Code Section 54952.2, may include: (1) a brief announcement; (2) a question for clarification; (3) a brief report on his or her own activities; (4) request staff to report back to the body at a subsequent meeting concerning any matter, or (5) take action to direct staff to place a matter of business (or issue) on a future agenda. 11. ADJOURNMENT I declare under penalty of perjury that the foregoing agenda for the regular meeting of the Planning Comission was posted on the City of Winters website at www.cityofwinters.org and Commission Members were notified via e-mail of its’ availability. A copy of the foregoing agenda was also posted on the outside public bulletin board at City Hall, 318 First Street , and made available to the public during normal business hours. ______________________________________ Kirk Skierski, Community Development Department Senior Planner APPEALS: Any person dissatisfied with the decision of the Planning Commission may appeal this decision by filing a written Notice of Appeal with the City Clerk including payment of the applicable Appeal fee, no later than ten (10) calendar days after the day on which the decision is made. Pursuant to Section 65009 (b) (2), of the State Government Code "If you challenge any of the above projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice, or in written correspondence delivered to the City Planning Commission at, or prior to, this public hearing". MINUTES: The City does not transcribe its proceedings. Anyone who desires a verbatim record of this meeting should arrange for attendance by a court reporter or for other acceptable means of recordation. Such arrangements will be at the sole expense of the individual requesting the recordation. PUBLIC REVIEW OF AGENDA, AGENDA REPORTS, AND MATERIALS: Prior to the Planning Commission meetings, copies of the Agenda, Agenda Reports, and other material are available during normal working hours for public review at the Community Development Department. In addition, a limited supply of copies of the Agenda will be available for the public at the meeting. Copies of Agenda, Reports and other material will be provided upon request submitted to the Community Development Department. A copy fee of 25 cents per page will be charged. Any member of the public may submit a written request for a copy of Planning Commission Agendas to be mailed to them. Requests must be accompanied by a check in the amount of $25.00 for a single packet and $250.00 for a yearly subscription. OPPORTUNITY TO SPEAK, AGENDA ITEMS: The Planning Commission will provide an opportunity for members of the public to address the Commission on items of business on the Agenda; however, comments are limited to three minutes. REVIEW OF TAPE RECORDING OF MEETING: Planning Commission Meetings are recorded. Recordings are available for public review on the City of Winters website. GENERAL NOTES: Meeting facilities are accessible to persons with disabilities. To arrange aid or services to modify or accommodate persons with a disability to participate in a public meeting, contact the City Clerk. 2

Minutes of the Regular Meeting of the Planning Commission Held June 28, 2022, 6:30pm Via ZOOM ____________________________________________________________________ Chairman Gregory Contreras called the meeting to order at 6:31pm. Roll Call Present: Commission Members Altamirano, Arce, Rose, Smith, Vice Chair Baker, Chair Contreras Absent: Commission Members Northrup Staff: Senior Planner Kirk Skierski, Deputy City Clerk Ellena Branson, City Manager Kathleen Salguero Trepa, Assistant City Attorney Martin de los Angeles PLEDGE OF ALLEGIANCE: Led by Commission Member Commissioner Altamirano. PUBLIC COMMENTS: None APPROVAL OF AGENDA: Senior Planner Skierski recommended that item 6.2 be continued to the July 26, 2022 Planning Commission Meeting. Motion by Vice Chair Baker to approve the agenda with the continuance of item 6.2 to the July 26, 2022 Planning Commission meeting, second by Commission Member Altamirano. The motion carried with the following roll call vote: AYES: Commission Members Altamirano, Arce, Rose, Smith, Vice Chair Baker, Chair Contreras NOES: None ABSENT: Commission Members Northrup ABSTAIN: None PUBLIC HEARINGS: 6.1 Barsotti Vacation Rental (STR-2022-02) Item introduced by Senior Planner Kirk Skierski Public hearing opened at 6:40pm Public hearing closed at 6:41pm 3

Minutes of the Regular Meeting of the Winters Planning Commission June 28, 2022 ________________________________________________________________________ City of Winters Vice Chair Baker requested staff report back on vacation rental properties vs community access to housing. Commissioner Arce inquired about the City’s potential limits on vacation rental approval applications. Commissioner Smith inquired about how the decision would be made to limit or change vacation rental applications and approvals. Motion by Vice Chair to approve the Barsotti Vacation Rental project (STR-2022-02) based on the recommended findings and subject to the draft conditions of approval, second by Commission Member Altamirano. The motion carried with the following roll call vote: AYES: Commission Members Altamirano, Arce, Rose, Smith, Vice Chair Baker, Chair Contreras NOES: None ABSENT: Commission Members Northrup ABSTAIN: None The following Item was continued to the July 26, 2022 Regular Meeting of the Winters Planning Commission 6.2 Winters Highlands – Public Hearing and Consideration by the Winters Planning Commission of the Proposed First Amendment to Amended and Restated Development Agreement between the City of Winters, HBT of Winters Highlands LLC and Meritage Homes of California, Inc. MISCELLANEOUS None PRESENTATIONS None STAFF COMMENTS/INFORMATION ITEMS None COMMISSION COMMENTS/ REPORTS Vice Chair Baker requested staff bring back a report addressing vacation rental property applications approved vs. total number of available housing stalk. (Commissioner Rose, Arce, and Altamirano supported the report) ADJOURNMENT Meeting end time 6:56pm ________________________________ Ellena Branson, Secretary 4

Minutes of the Regular Meeting of the Planning Commission Held May 24, 2022, 6:30pm Via ZOOM ________________________________________________________________ Chairman Gregory Contreras called the meeting to order at 6:34pm. Roll Call Present: Commission Members Arce, Smith, Vice Chair Baker, Chair Contreras Absent: Commission Members Altamirano, Northrup, Rose Staff: Senior Planner Kirk Skierski, City Manager Kathleen Salguero Trepa, Assistant City Attorney Martin de los Angeles PLEDGE OF ALLEGIANCE: Led by Commission Member Commissioner Altamirano. PUBLIC COMMENTS: None APPROVAL OF AGENDA: 5.1 Minutes of the Regular Meeting of the Planning Commission Held on March 22, 2022, 6:30pm via ZOOM Motion by Vice Chair Baker to approve the agenda, second by Commission Member Altamirano. The motion carried with the following roll call vote: AYES: Commission Members Arce, Smith, Vice Chair Baker, Chair Contreras NOES: None ABSENT: Commission Members Altamirano, Northrup, Rose ABSTAIN: None PUBLIC HEARINGS: 6.1 Review of City FY 2022/23 Capital Improvement Program for Conformity with the General Plan Item introduced by Senior Planner Kirk Skierski Public hearing opened at 6:43pm Public hearing closed at 6:44pm 5

Minutes of the Regular Meeting of the Winters Planning Commission May 24, 2022 ________________________________________________________________________ City of Winters Vice Chair Baker provided several comments regarding the Sewer Master Plan, the Water Master Plan, the Pavement Plan, the Bike and Pedestrian Plan, and the General Plan update. Public Hearing reopened at 6:59 Kate Laddish commented on what is involved in the ADA Transition Plan Public Hearing Closed at 7:02pm Motion by Vice Chair to determine that the conformity determination of the FY2022/23 Capital Improvement Program is not a project pursuant to Section 15378 of the California Environmental Quality Act (CEQA) Guidelines and therefore is not subject to CEQA; and find the proposed FY2022/23 Capital Improvement Program to be in conformance with the City’s General Plan, second by Commission Member Smith. The motion carried with the following roll call vote: AYES: Commission Members Arce, Smith, Vice Chair Baker, Chair Contreras NOES: None ABSENT: Commission Members Altamirano, Northrup, Rose ABSTAIN: None 6.2 Public Hearing for Herrera Vacation Rental (STR-2022-02) 418 Third Street. Item introduced by Senior Planner Kirk Skierski Public hearing opened at 7:10 Applicant Natalia Herrera thanked staff for responsiveness during application process Public hearing closed at 7:12 Vice Chair Baker inquired about parking requirements. City Manager Trepa clarified that the Planning Commission can make offsite parking requirements as a part of the recommendation. Vice Chair Baker requested renters of the property park in the driveway Chair Contreras asked about the 3 rd bedroom window that was noted in the staff report, agreed on the driveway parking recommendation by Vice Chair Baker. Commission Member Smith asked about enforceability of parking requirements on public roads. Motion by Vice Chair Baker to Approve a Vacation Rental Permit (STR-2022-01) to allow for an unhosted short-term vacation rental use within an existing single-family dwelling 6

Minutes of the Regular Meeting of the Winters Planning Commission May 24, 2022 ________________________________________________________________________ City of Winters located at 418 Third Street (APN: 003-143-014) within the R-1 zoning district based on the recommended findings and subject to the draft conditions of approval (INCLUDE PARKING)Determine the proposed project to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines; and, second by Commission Member Arce. The motion carried with the following roll call vote: AYES: Commission Members Arce, Smith, Vice Chair Baker, Chair Contreras NOES: None ABSENT: Commission Members Altamirano, Northrup, Rose ABSTAIN: None MISCELLANEOUS None PRESENTATIONS STAFF COMMENTS/INFORMATION ITEMS None COMMISSION COMMENTS/ REPORTS ADJOURNMENT Meeting end time 7:31pm ________________________________ Ellena Branson, Secretary 7

Planning Commission Staff Report To: Chair and Planning Commissioners Date: July 26, 2022 From: Kirk Skierski, Senior Planner Subject: Winters Highlands – Public Hearing and Consideration by the Winters Planning Commission of the Proposed First Amendment to Amended and Restated Development Agreement between the City of Winters, HBT of Winters Highlands LLC and Meritage Homes of California, Inc. Recommendation: Staff recommends the Planning Commission: 1. Receive a Staff Report on the proposed First Amendment to Amended and Restated Development Agreement between the City of Winters, HBT of Winters Highlands LLC and Meritage Homes of California, Inc. (“First Amendment”); and 2. Continue to conduct a Public Hearing to consider comments on the First Amendment; and 3. Adopt Planning Commission Resolution No. PC 2022-07 recommending that the Winters City Council adopt an ordinance approving the First Amendment to Amended and Restated Development Agreement for development of the property commonly known as the Winters Highlands property between the City of Winters and HBT of Winters Highlands, LLC and Meritage Homes of California, Inc. pursuant to Government Code sections 65864 through 65869.5. Background: In 2015, the City executed an Amended and Restated Development Agreement with GBH-Winters Highlands, LLC (“Homes by Towne” or “HBT”) regarding the Winters Highlands Subdivision, provided that certain amendments can be made to the Development Agreement. Subsequently, Meritage purchased a portion of the property of the Winters Highlands Subdivision to develop. On August 3, 2021, HBT and Meritage entered into a Partial Assignment and Assumption of the Development Agreement, and certain developer rights and obligations under the Development Agreement (“DA”) were assigned to and assumed by Meritage. On August 3, 2021, the City Council approved Resolution 2021-50 approving Meritage’s Final Map No. 4507 for Winters Highlands Subdivision Phases III, IV, and V (Hideaway). If the Commission approves Planning Commission Resolution No. PC 2022-07, then the First Amendment will proceed to the September 6, 2022, City Council meeting, along with the Final Map for HBT’s 52 alley- 8

2 loaded lots for Winters Highlands Subdivision Phases IV and V. The First Amendment is intended to update the DA to clarify HBT and Meritage’s rights and obligations due to the assignment, reflect revisions to the DA agreed to between the City and HBT regarding park-related obligations and costs, HBT’s funding obligations, and the management of the Preserve (the parcel located across the street from Shirley Rominger Intermediate School). The changes to the DA in the First Amendment are outlined below. DISCUSSION: Development Agreement The proposed First Amendment to the DA includes the following changes to the DA: 1. Reallocation of Flood Fees: The current DA requires HBT to pay $1,175,340 in General Plan Flood Overlay Area drainage impact fees (“Flood Fees”) to fund drainage improvements. The City and HBT have determined that flood mitigation is not needed for the Winters Highlands Subdivision project. The First Amendment reallocates the payment towards Three Oaks Park. In addition, language related to the payment of Flood Fees is deleted from the proposed First Amendment. HBT has already paid $200,000 in Flood Fees. Once the First Amendment is executed, the City will return the $200,000 payment to HBT. 2. Annual Building Permit Cap: The current DA caps the number of building permits that may be issued for single-family residential units in the Winters Highlands Subdivision to 100 within a calendar year to provide for orderly growth in the City and to ensure there is sufficient infrastructure and utilities that can accommodate such growth. The cap does not apply to the construction of deed-restricted moderate-income housing. The proposed First Amendment specifies that the cap of 100 building permits collectively applies to Meritage and HBT, but gives the City’s Chief Building Official or his designee the discretion to continue to issue additional permits beyond the 100-permit cap. 3. Affordable Housing Units: The current DA requires the construction of 18 moderate income affordable housing units. Currently, HBT is allowed to apply for and receive building permits for these affordable housing units anytime, but HBT must complete the construction of the affordable housing units within each phase of the Winters Highlands Subdivision before HBT can be issued building permits for market rate units within a subsequent phase. The proposed First Amendment would increase the number of moderate-income affordable housing units that must be constructed to 23. HBT is responsible for the development of 7 affordable housing units in Phases I, IA, and II of the Winters Highlands Subdivision, and Meritage is responsible for 16 units in Phases III, IV, and V. The proposed First Amendment clarifies that each developer must complete the construction of the affordable housing units within each phase that it is responsible for before that developer can pull permits for market rate units in a subsequent phase. In other words, the timing of one developer’s construction schedule of its required affordable housing units will not affect the other developer’s ability to receive 9

3 building permits for market rate units, as HBT and Meritage will both construct market rate units in Phases IV and V. 4. Affordable Housing Fee: The current DA requires, in addition to the construction of the affordable housing units, that HBT pay an Affordable Housing Fee of $2 million to the City. The $2 million will be amortized over the market-rate single family lots in the Winters Highlands Subdivision on a per unit basis. The proposed First Amendment allocates the payment of the Affordable Housing Fee among HBT and Meritage. There are 383.5 market rate units in the Winters Highlands Subdivision across Phases I, IA, II, III, IV, and V. HBT and Meritage will each pay $5,215.13 on each market rate unit; 50% ($2,607.56) will be paid upon recordation of the final map and 50% ($2,607.56) will be paid at or before close of escrow for the sale of each market-rate unit. 5. Dedication of Affordable Housing Apartment Site (Lot A): The current DA requires HBT to dedicate Lot A, 2-acre property, located at Moody Slough Road and Taylor Street, to the City for the development of affordable family housing units. The proposed First Amendment acknowledges that the dedication and conveyance has already been satisfied. 6. Oversizing of Public Improvements: The current DA allows HBT to recover costs for oversizing improvements by assessing benefitting properties through a reimbursement agreement with the City, for a term up to 15 years. The current DA also allows for cost recovery of the oversizing through the use of development impact fee revenues through a separate reimbursement agreement with the City. The proposed First Amendment allows HBT to enter into either type of reimbursement agreement for a term up to 20 years. This Reimbursement Agreement has already been entered into. On January 28, 2022, the City Council approved a Reimbursement Agreement to assess benefitting properties for the following oversized off-site public improvements that include: (1) the West Main Street Sewer Pump Station, (2) a sewer force main that extends from the Sewer Pump Station north of the Wastewater Treatment Facility, and (3) a storm drain pump station and improvements to the Rancho Arroyo Detention Pond. 7. Three Oaks Park Improvements: The current DA requires HBT to construct a linear park, known as Three Oaks Park, on Lots X, W and V in three different phases. Under the current DA, HBT is responsible for a total park contribution (“Park Cost Obligation”) of $3,292,049 in lieu of payment of park impact fees, Quimby Act fees, or park land dedication. Construction on Lots W and X have already been completed. The current DA provides that Three Oaks Park must be constructed in accordance with a City-approved design and the City’s Public Works Improvement Standards and Construction Specifications. If actual costs to construct Three Oaks Park exceed HBT’s Park Cap Obligation, then HBT and the City must cooperate or a redesign of improvements as to not exceed HBT’s total park contribution or the City can choose to pay for the difference. The proposed First Amendment increases HBT’s total Park Cost Obligation from $3,292,049 to $4,467,389, which represents the reallocation of $1,175,340 of Flood Fees towards the Park Cost Obligation. HBT and the City Engineer have 10

4 extensively reviewed the costs expended on Three Oaks Park to date and projected costs to construct the remaining portion of the park on Lot V. The parties agree that the costs expended by HBT to construct Lots X and W total $2,850,796 and will be deducted from HBT’s Park Cap Obligation. The proposed First Amendment would also provide that within 180 days from the date the City approves a concept park for Lot V, HBT must submit final design and construction drawings for the Lot V improvements, with construction to be completed within one year following final design. 8. Urban Water Management Plan: The current 2015 DA requires HBT to pay $90,000 towards the costs to prepare a City Urban Water Management Plan (UWMP). On November 6, 2018, the City Council adopted development impact fees pursuant to a Development Impact Fee Nexus Study dated September 24, 2018 (2018 Study) that identified a $90,000 UWMP as water project cost to serve new development. Developers pay the water impact fee (that funds water projects) with each unit, which includes a pro-rata share for the UWMP cost. Therefore, no additional fee should be collected from the Winters Highlands (Stone’s Throw) Subdivision. Accordingly, on September 15, 2020, the City Council waived HBT’s $90,000 payment for the UWMP. The proposed First Amendment reflects the action taken by Council, that HBT is no longer responsible for the $90,000 payment. 9. Condition of Approval No. 39, Mitigation Measure 4.3-2(a). The Condition of Approval for the Winters Highlands Subdivision project requires HBT to develop and implement a management plan for the Preserve. The Proposed First Amendment clarifies that HBT must use its diligent best efforts to satisfy this condition of approval by December 31, 2022, of this year. If the deadline is not met, the City is not required to issue building permits for the 52 alley-loaded lots to be developed by HBT in Phases IV or V. The City, HBT, and the Wildlife Heritage Foundation have met multiple times to discuss and review management plan since late last year. The Wildlife Heritage Foundation is currently working to update the management plan to meet that deadline. Environmental Analysis: An Environmental Impact Report (EIR) was prepared for this project and certified by the City Council on April 4, 2006 (Resolution 2006-08). An Addendum was prepared consistent with Section 15164 of the CEQA Guidelines. The Addendum found that the proposed amendments to the Development Agreement are not significant to require preparation of a subsequent EIR. Public Communication: Pursuant to Winters Municipal Code section 15.72.160, notice of the public hearing was given at leas