Agenda — Arvin City Council, March 8, 2022 (part 1 of 2)

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY MARCH 08, 2022 6:00p.m.

CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Olivia Trujillo

PLEDGE OF ALLEGIANCE

INVOCATION
*******************************************
ROLL CALL Olivia Trujillo Mayor
Daniel Borreli Mayor Pro Tem
Mark S. Franetovich Councilmember
Donny Horton Councilmember
Susana Reyes Councilmember
******************************************
STAFF Jeff Jones Interim City Manager / Finance Director Nathan Hodges City Attorney – Hodges Law Group
Edwin Brock Chief of Police
Cecilia Vela City Clerk
PUBLIC COMMENTS:

The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to the public. At regularly scheduled meetings, members of the public may address the City on any item listed on the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings, members of the public may only address the City on items listed on the agenda. The City may request speakers to designate a spokesperson to provide public input on behalf of a group, based on the number of people requesting to speak and the business of the City.

In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to the City meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention of the City subsequent to the agenda being posted, upon making certain findings, the City may act on an item that was not on the posted agenda.

AGENDA STAFF REPORTS AND HANDOUTS:

Staff reports and other disclosable public records related to open session agenda items are available at City Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours.

CONDUCT IN THE CITY COUNCIL CHAMBERS:

Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City, be subject to ejection from the meeting per Gov. Code Sect. 54954.3(c).

Removal from the Council Chambers
Any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Gov. Code Sect. 54954.3(c).
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting; (b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting;
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City; and
(d) Any other unlawful interference with the due and orderly course of said meeting.

AMERICANS with DISABILITIES ACT:

In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by the City, please contact the City Clerk’s office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

Arvin City Council Meeting Agenda – March 08, 2022

Page 1 of 3 ends

1. APPROVAL OF AGENDA AS TO FORM.

Motion Second Vote
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich MPT Borreli Mayor Trujillo ___

2. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of February 19, 2022 – March 04, 2022.

B. Approval of Payroll Register(s) of March 04, 2022.

C. Approval of the Minutes of the Regular Meeting of February 22, 2022.

D. Approval of A Resolution of the City Council of the City of Arvin Establishing Guidelines for the Implementation of the California Environmental Quality Act of 1970 and Implementation of Title 18 – California Environmental Quality Act Implementation-Environmental Clearance.

E. Approval of A Resolution of the City Council of the City of Arvin Ordering the City Engineer to File A Report with Regard to the Landscape and Lighting Maintenance District No. 1 for the 2022-2023 Fiscal Year.

F. Approval of A Resolution of the City Council of the City of Arvin Ordering the City Engineer to File A Report with Regard to the Landscape and Lighting Maintenance District No. 2 for the 2022- 2023 Fiscal Year.

Staff recommends approval of the Consent Agenda.

Motion Second Vote
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich MPT Borreli Mayor Trujillo ___ Arvin City Council Meeting Agenda – March 08, 2022

Page 2 of 3 ends

4. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Establishing Cost Recovery Fee for the Investigation, Preparation, Adoption, and Amendments to Titles 2, 8, 16, and 17 Relating to the Administration of and Processing of Commercial Cannabis Activity, Amendment and Adoption of Chapter 8.29.05 Commercial Cannabis Activity and Adoption of CEQA Exemption Findings Per CEQA Guidelines, Sections 15061(B)(1), 15061(B)(3), 15273, and 15378(B)(4). (City Planner) Staff recommends to open the hearing, allow for public testimony, close the hearing and approve the Resolution.

Motion Second Vote
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich MPT Borreli Mayor Trujillo ___ B. A Public Hearing to Consider Introduction of An Ordinance of the City Council of the City of Arvin Amending Title 2, Chapter 2.24, Section 2.24.030 Planning Commission Duties and Chapter 8.29 Marijuana of Title 8 Health and Safety by Amending Section 8.29.05 Commercial Cannabis Activity.

Staff recommends the City Council consider introducing the Ordinance to be ready by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

Motion Second Vote
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich MPT Borreli Mayor Trujillo ___ C. A Public Hearing to Consider Adoption of An Ordinance of the City Council of the City of Arvin Adding Chapter 8.09, Mandatory Organic Waste Disposal Reduction Ordinance, to the Arvin Municipal Code. (Interim City Manager / Finance Director)
Staff recommends the City Council consider adopting the Ordinance to be ready by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.

Motion Second Vote
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich MPT Borreli Mayor Trujillo ___ Arvin City Council Meeting Agenda – March 08, 2022

Page 3 of 3 ends

5. ACTION ITEM(S)
A. Discussion and Action on Measures to Mitigate the Impacts of the COVID-19 (Coronavirus) Pandemic. (City Manager)
Staff recommends to discuss and take action as appropriate.

Motion Second Vote
Roll Call: CM Reyes ___ CM Horton ___ CM Franetovich MPT Borreli Mayor Trujillo ___

6. STAFF REPORTS
A. Monthly Financial Report – January 2022 (Interim City Manager / Finance Director)

7. COUNCIL MEMBER COMMENTS

8. CLOSED SESSION ITEM(S)
A. Threats to Public Services or Facilities (Pursuant to Government Code, § 54957(a).)
Consultation with: City Attorney and/or City Emergency or Critical Function Personnel.

9. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated March 04, 2022.

Cecilia Vela, City Clerk
2/24/2022 1:05:31 PM Page 1 of 6
Payment Register
City of Arvin APPKT00046 - AP for 02.24.22
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1150
Vendor Number
AT&T
Total Vendor Amount
408.81
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 408.81
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 000017700979 9391059040 SVC 01.01.22 - 01.31.22 210.53 02/01/2022 0.00 02/01/2022 000017701210 9391060015 SERVICE 01.01.2022 - 01.31.2022 198.28 02/01/2022 0.00 02/01/2022 1172
Vendor Number

BAKERSFIELD ANIMAL HOSPITAL
Total Vendor Amount
423.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 423.75
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 1148594078 BORDER COLLIE MIX EXAM, SEDATION, MEDICATION 423.75 02/12/2022 0.00 02/12/2022 1288
Vendor Number

BAKERSFIELD PAINT AND WALLPAPER
Total Vendor Amount
606.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 606.50
Payable Number Description Payable Amount Payable Date Discount Amount Due Date B0100447 PAINT AND SUPPLIES FOR CITY PARKS, LLMD 1 & LLMD 2 606.50 02/03/2022 0.00 02/03/2022 1255
Vendor Number

BRANDONS TRANSMISSION
Total Vendor Amount
1,574.82
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 1,574.82
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 6947 UNIT 317 CATALYTIC CONVERTER, IGN LOCK, DOOR LOCKS01/25/2022 0.00 01/25/2022 945.06 6950 UNIT 301 SERVICE AC AND REPLACE BATTERY 629.76 01/27/2022 0.00 01/27/2022 1292
Vendor Number

CANON FINANCIAL SERVICES INC
Total Vendor Amount
809.89
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 809.89
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 28117292 PRINTER LEASE FOR CH, FIN TRLR, & TRANSIT FEB2022 809.89 02/10/2022 0.00 02/10/2022 1045
Vendor Number

CLARK PEST CONTROL OF STOCKTON
Total Vendor Amount
186.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 186.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 30043691 PEST CONTROL SENIOR CENTER 02.02.2022 103.00 02/02/2022 0.00 02/02/2022 30043769 PEST CONTROL VETERAN'S HALL 02.02.2022 83.00 02/02/2022 0.00 02/02/2022 1205
Vendor Number

CLEAN CUT LANDSCAPE MANAGEMENT INC
Total Vendor Amount
3,325.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 3,325.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 3426 ARVIN LANDSCAPE & MAINT LLMD NO. 1 JAN2022 2,680.00 01/31/2022 0.00 01/31/2022 3427 ARVIN LANDSCAPE & MAINT LLMD NO. 2 JAN2022 645.00 01/31/2022 0.00 01/31/2022 Payment Register APPKT00046 - AP for 02.24.22
2/24/2022 1:05:31 PM Page 2 of 6
1047
Vendor Number

COMMUNICATION ENTERPRISES
Total Vendor Amount
315.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 315.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 1110439 LTR 450 DISPATCH TRANSIT FEB2022 135.00 02/03/2022 0.00 02/03/2022 1110440 LTR 450 DISPATCH PW FEB2022 180.00 02/03/2022 0.00 02/03/2022 1159
Vendor Number
COPOWER ID 903697
Total Vendor Amount
275.95
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 275.95
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 2153319 CHIRO SVCS MAR2022 275.95 02/08/2022 0.00 02/08/2022 1176
Vendor Number

CORELOGIC SOLUTIONS LLC
Total Vendor Amount
137.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 137.50
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 82116905 KERN CA DATA MAPS JAN2022 137.50 01/31/2022 0.00 01/31/2022 1065
Vendor Number

GALLS, LLC
Total Vendor Amount
1,070.45
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 1,070.45
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 020286217 GALLS ANSI SAFETY VESTS 19 EA 1,070.45 01/25/2022 0.00 01/25/2022 1214
Vendor Number
GOVERNMENTJOBS.COM
Total Vendor Amount
3,615.45
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 3,615.45
Payable Number Description Payable Amount Payable Date Discount Amount Due Date INV-22998 SUBSCRIPTION GOVT JOBS & INSIGHT 11.01.21-10.31.22 3,615.45 12/01/2021 0.00 12/01/2021 1372
Vendor Number

GREGS PETROLEUM SERVICE INC
Total Vendor Amount
6,940.55
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 6,940.55
Payable Number Description Payable Amount Payable Date Discount Amount Due Date FUELING SERVICES JAN2022 FUELING SERVICES JAN2022 6,940.55 01/31/2022 0.00 01/31/2022 1377
Vendor Number

HILLS WINDOW TINTING
Total Vendor Amount
2,626.42
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 2,626.42
Payable Number Description Payable Amount Payable Date Discount Amount Due Date #101 WINDOW TINTING CITY HALL 02.18.2022 1,657.76 02/18/2022 0.00 02/18/2022 #102 WINDOW TINTING ARVIN PD 968.66 02/22/2022 0.00 02/22/2022 1213
Vendor Number

HOME DEPOT PRO INSTITUTIONAL
Total Vendor Amount

36.99 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 36.99
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 666241138 RENOWN TRASH CAN LINERS 36.99 02/01/2022 0.00 02/01/2022 Payment Register APPKT00046 - AP for 02.24.22
2/24/2022 1:05:31 PM Page 3 of 6
1322
Vendor Number

JAKE RAPER JR
Total Vendor Amount
3,699.45
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 3,699.45
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 6 PLANNING & CANNABIS PLANNING 02.02.22 - 02.15.22 3,699.45 02/15/2022 0.00 02/15/2022 1324
Vendor Number

JON PAUL JAVELLANA
Total Vendor Amount

87.61 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 87.61
Payable Number Description Payable Amount Payable Date Discount Amount Due Date JP.JAVELLANA 12.29.21 FUEL REIMBURSEMENT POST SUPERVISORY COURSE FEB2022 02/17/2022 0.00 02/17/2022 87.61 1025
Vendor Number

KAISER PERMANENTE
Total Vendor Amount
21,981.33
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 21,981.33
Payable Number Description Payable Amount Payable Date Discount Amount Due Date BUIK 690201404 MAR2022 MEDICAL MAR2022 21,981.33 02/14/2022 0.00 02/14/2022 1092
Vendor Number

KERN PRINT SERVICES
Total Vendor Amount
441.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 441.50
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 48193 FORMS- ANIMAL IMPOUND NOTIFICATIONS & OWNER RELINQ 02/04/2022 0.00 02/04/2022 441.50 1095
Vendor Number

KERN RIVER POWER EQUIPMENT INC
Total Vendor Amount
1,286.97
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 1,286.97
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 129403 3 BACKPACK BLOWERS FOR PUBLIC WORKS 1,286.97 02/03/2022 0.00 02/03/2022 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
895.80
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 895.80
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 64129133 UNIT 207 REPLACE SERPENTINE BELT 540.02 01/31/2022 0.00 01/31/2022 64129208 UNIT 207 REPAIR ENTRY DOOR 355.78 01/31/2022 0.00 01/31/2022 1098
Vendor Number

MATTHEW BENDER & CO INC
Total Vendor Amount

60.01 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 60.01
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 0099911738 01.31.22 CA CONTRACTOR'S LICENSE LAW ED 2022 60.01 01/31/2022 0.00 01/31/2022 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount

66.94 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 66.94
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 652453 BIN RENT 4/YD FL SERVICE JAN2022 66.94 02/10/2022 0.00 02/10/2022 Payment Register APPKT00046 - AP for 02.24.22
2/24/2022 1:05:31 PM Page 4 of 6
1114
Vendor Number

PUBLIC WORKS COUNTY OF KERN
Total Vendor Amount
478.58
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 478.58
Payable Number Description Payable Amount Payable Date Discount Amount Due Date ARV 02.08.2022 STSW, MUNI, SPRN, SVCS JAN2022 478.58 02/08/2022 0.00 02/08/2022 1112
Vendor Number

PURCHASE POWER
Total Vendor Amount
503.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 503.50
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 8000-9000-0054-0157 02.11.22METER ADD 01.29.22 503.50 02/11/2022 0.00 02/11/2022 1202
Vendor Number

SINTRA GROUP
Total Vendor Amount
5,214.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 5,214.50
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 2022114 BCKGRND INV- B.HURTADO, J.GARCIA, JP.JAVELLANA 5,034.50 02/04/2022 0.00 02/04/2022 2022118 BCKGRND INV- B.HURTADO 180.00 02/07/2022 0.00 02/07/2022 1122
Vendor Number

SIRCHIE
Total Vendor Amount
367.47
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 367.47
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 0528230-IN ELECTROSTATIC BAGS & EVIDENCE TAPE 367.47 01/25/2022 0.00 01/25/2022 1130
Vendor Number

TAG AMS INC
Total Vendor Amount
170.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 170.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 2805395 RND DRUG TEST R.CORRAL, C.HERNANDEZ JAN2022 170.00 02/07/2022 0.00 02/07/2022 1262
Vendor Number

VALLEY AG ENTERPRISE INC
Total Vendor Amount
10,500.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 10,500.00
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 3710 DISC FIELDS- 8 PARCEL NUMBERS 7,000.00 02/07/2022 0.00 02/07/2022 3711 ABATE WEEDS AND DISC PROP 2 LOTS/4PARCEL NUMBERS02/07/2022 0.00 02/07/2022 3,500.00 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
308.36
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 02/24/2022 308.36
Payable Number Description Payable Amount Payable Date Discount Amount Due Date 5018758166 COPIER LEASE ARVIN PD 01.29.22 - 02.27.22 183.87 02/02/2022 0.00 02/02/2022 5018758167 COPIER LEASE COMM DEV - REG 01.30.22 - 02.27.22 124.49 02/02/2022 0.00 02/02/2022 Payment Register APPKT00046 - AP for 02.24.22
2/24/2022 1:05:31 PM Page 5 of 6
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 68,415.10 40 30 0.00
Packet Totals: 40 30 0.00 68,415.10
Payment Register APPKT00046 - AP for 02.24.22
2/24/2022 1:05:31 PM Page 6 of 6
Cash Fund Summary
Fund Amount Name
90 Main Pooled Cash Fund -68,415.10
Packet Totals: -68,415.10
3/3/2022 5:51:17 PM Page 1 of 6
Payment Register
City of Arvin APPKT00052 - AP for 03.03.22
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1000
Vendor Number
A1 BATTERY
Total Vendor Amount
1,491.05
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 1,491.05
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 85098 UNIT 284 BATTERY REPLACEMENT 02/04/2022 02/04/2022 0.00 29.81 85364 JOHN DEERE GATOR- 8 GOLF CART BATTERIES 02/23/2022 02/23/2022 0.00 1,461.24 1379
Vendor Number

ANABEL RUBIO
Total Vendor Amount
450.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 450.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount RCPT 36774 DEP REIMBURSE DEPOSIT VETS HALL EVENT DATE 02.12.22 02/23/2022 02/23/2022 0.00 450.00 1150
Vendor Number
AT&T
Total Vendor Amount
1,034.09
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 1,034.09
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000017765712 SERVICE 01.13.22 - 02.12.22 02/13/2022 02/13/2022 0.00 368.88 000017767475 SERVICE 01.13.22 - 02.12.22 02/13/2022 02/13/2022 0.00 665.21 1172
Vendor Number

BAKERSFIELD ANIMAL HOSPITAL
Total Vendor Amount
551.53
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 551.53
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1148594750 A1156673 CHIHUAHUA MIX EXAM, MISC 02/17/2022 02/17/2022 0.00 188.65 1148595775 A1157340 SHEPHERD MIX EXAM, XRAY, MEDS 02/23/2022 02/23/2022 0.00 362.88 1026
Vendor Number

BLUE SHIELD OF CALIFORNIA
Total Vendor Amount
21,160.20
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 21,160.20
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 220420010333 MEDICAL MAR2022 02/11/2022 02/11/2022 0.00 21,160.20 1255
Vendor Number

BRANDONS TRANSMISSION
Total Vendor Amount
1,361.67
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 1,361.67
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 6929 UNIT 271 CHECK ENGINE LIGHT - ENGINE RATTLE 01/17/2022 01/17/2022 0.00 780.86 6954 UNIT 291 HOOD RELEASE CABLE + OIL CHANGE 02/01/2022 02/01/2022 0.00 580.81 1298
Vendor Number

CREATIVE FINANCIAL STAFFING
Total Vendor Amount
244.80
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 244.80
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 122080226 WEEK ENDING 02.27.22 C.DURAN 02/27/2022 02/27/2022 0.00 244.80 Payment Register APPKT00052 - AP for 03.03.22
3/3/2022 5:51:17 PM Page 2 of 6
1058
Vendor Number

DEPARTMENT OF JUSTICE
Total Vendor Amount
471.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 471.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 559120 FINGERPRINT SVCS JAN2022 02/03/2022 02/03/2022 0.00 471.00 1281
Vendor Number
EDWIN J. BROCK
Total Vendor Amount
487.29
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 487.29
Payable Number Description Payable Date Due Date Discount Amount Payable Amount E.BROCK 02.04.22 CHIEF BROCK HOTEL EXPENSE & FUEL - POL CHIEF CONF 02/04/2022 02/04/2022 0.00 487.29 1264
Vendor Number

EDWIN JIMENEZ
Total Vendor Amount
185.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 185.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount E.JIMENEZ 02.11.22 REIMBURSE E.JIMENEZ FOR PARKING CHARGES AT TRNG 02/11/2022 02/11/2022 0.00 185.00 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
250.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 250.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0040 BUS WASH AND BUMPER SHINE 02.28.22 $50 X 5 02/28/2022 02/28/2022 0.00 250.00 1062
Vendor Number
FEDEX
Total Vendor Amount

74.66 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 74.66
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7-672-62710 SERVICES 0217.22 AND 02.18.22 02/25/2022 02/25/2022 0.00 74.66 1019
Vendor Number

GUARDIAN
Total Vendor Amount
7,240.15
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 7,240.15
Payable Number Description Payable Date Due Date Discount Amount Payable Amount GROUP ID 00 473727 MAR2022BUNDLE INSURANCE MAR2022 02/22/2022 02/22/2022 0.00 7,240.15 1378
Vendor Number

INVERIS TRAINING SOLUTIONS
Total Vendor Amount

91.75 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 91.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV-0095011 PULLER CORD 1,000 FT 01/24/2022 01/24/2022 0.00 91.75 1081
Vendor Number

JIM BURKE FORD
Total Vendor Amount

69.99 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 69.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 218181 UNIT 287 OIL SERVICE ROTATE TIRES 02/09/2022 02/09/2022 0.00 69.99 Payment Register APPKT00052 - AP for 03.03.22
3/3/2022 5:51:17 PM Page 3 of 6
1096
Vendor Number

LEAGUE OF CA CITIES SSJVD
Total Vendor Amount
229.08
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 229.08
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7927 Membership Dues for SSJVD 2022 02/21/2022 02/21/2022 0.00 229.08 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
720.14
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 720.14
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 64129141 UNIT 205EV DASH LIGHT WARNING- LOCK MOTOR 02/08/2022 02/08/2022 0.00 239.49 64129302 UNIT 207EV SERVICE CALL - FOG LIGHT BRACKET ISSUE 02/08/2022 02/08/2022 0.00 206.68 64129403 UNIT 205EV RESET CHARGING SYSTEM 02/18/2022 02/18/2022 0.00 273.97 1340
Vendor Number

NATHAN M HODGES
Total Vendor Amount
20,202.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 20,202.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 00390 JANUARY 2022 LEGAL FEES 02/16/2022 02/16/2022 0.00 20,202.00 1108
Vendor Number
PG & E
Total Vendor Amount
13,979.73
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 13,979.73
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SERVICES 01.11.22-02.09.22 SERVICES 01.11.22-02.09.22 02/14/2022 02/14/2022 0.00 13,979.73 1113
Vendor Number

PRINTING SYSTEMS
Total Vendor Amount
285.14
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 285.14
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 221947 2,000 LASER CHECKS 01/28/2022 01/28/2022 0.00 285.14 1345
Vendor Number

PROVOST & PRITCHARD CONSULTING GROUP
Total Vendor Amount
22,349.85
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 22,349.85
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 90259 CDBG FRANKLIN ST REHAB PHASE PD AND DD JAN2022 02/15/2022 02/15/2022 0.00 22,349.85 1346
Vendor Number

QUAD KNOPF INC
Total Vendor Amount
12,261.77
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 12,261.77
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 112482 CUP 2022 - 233 MEDINA CT 01.09.22-02.05.22 02/16/2022 02/16/2022 0.00 1,235.00 112483 SDP 2021 - 853 BEAR MTN BLVD 01.09.22-.02.05.22 02/16/2022 02/16/2022 0.00 260.00 112484 SDP 2021 - 1441 SYCAMORE RD 01.09.22-02.05.22 02/16/2022 02/16/2022 0.00 1,550.00 112485 CUP2021-201 BEAR MTN BLVD 01.09.22-02.05.22 02/16/2022 02/16/2022 0.00 585.00 112486 ON CALL PLANNING SVCS 01.09.22 - 02.05.22 02/16/2022 02/16/2022 0.00 8,631.77 1069
Vendor Number

ROGER GOODMAN
Total Vendor Amount
255.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 255.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1647 LABOR TO REMOVE AND REINSTALL VEH GUN LOCK & CAGE 02/17/2022 02/17/2022 0.00 255.00 Payment Register APPKT00052 - AP for 03.03.22
3/3/2022 5:51:17 PM Page 4 of 6
1133
Vendor Number

TYLER TECHNOLOGIES INC
Total Vendor Amount
9,230.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 9,230.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 025-365965 FIN MGMT, PERS MGMT, 01.18.22-01.21.22 01/26/2022 01/26/2022 0.00 4,615.00 025-366671 FIN MGMT, PERS MGMT, 01.24.22-01.28.22 01/31/2022 01/31/2022 0.00 4,615.00 1145
Vendor Number

VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
158,203.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 158,203.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000017803 O & M SERVICES WASTEWATER DEC2021 01/25/2022 01/25/2022 0.00 158,203.54 1259
Vendor Number

VINCENTE MEDRANO
Total Vendor Amount
215.42
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 215.42
Payable Number Description Payable Date Due Date Discount Amount Payable Amount V.MEDRANO 01.13.22 SCREEN REPAIR TO WORK CELL PHONE 02/04/2022 02/04/2022 0.00 215.42 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
396.79
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 396.79
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5018964174 LARGE COPIER LEASE COMM DEV 02.12.22-03.11.22 02/14/2022 02/14/2022 0.00 285.91 5019087830 COPIER LEASE COMM DEV 02.21.22 - 03.20.22 02/23/2022 02/23/2022 0.00 110.88 1146
Vendor Number

ZARC INTERNATIONAL
Total Vendor Amount
420.94
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 03/03/2022 420.94
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV-239309 PEPPER SPARAY - SAFETY EQUIPMENT PD 02/03/2022 02/03/2022 0.00 420.94 Payment Register APPKT00052 - AP for 03.03.22
3/3/2022 5:51:17 PM Page 5 of 6
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 40 28 0.00 273,912.58
Packet Totals: 40 28 0.00 273,912.58
Payment Register APPKT00052 - AP for 03.03.22
3/3/2022 5:51:17 PM Page 6 of 6
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -273,912.58
Packet Totals: -273,912.58

Arvin City Council Meeting Minutes – February 22, 2022

Page 1 of 4 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
FEBRUARY 22, 2022
CALL TO ORDER @ 6:02PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: MPT Franetovich absent; All others present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion CM Reyes Second CM Horton Vote 4-0

3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of February 05, 2022 – February 18, 2022.

B. Approval of Payroll Register(s) of February 18, 2022.

C. Approval of the Minutes of the Regular Meeting of February 08, 2022 and Special Meeting of February 15, 2022.

D. Approval of A Resolution of the City Council of the City of Arvin Approving A PG&E Easement for the Operation of Arvin Community Services District Well Site 18.

Resolution No. 2022-06
Staff recommends approval of the Consent Agenda.

Motion to approve Consent Agenda Items 3A – 3D.

Motion CM Horton Second CM Reyes Vote 4-0
Arvin City Council Meeting Minutes – February 22, 2022

Page 2 of 4 ends

4. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Declaring There Are No Unmet Transit Needs That Can Be Reasonably Met Within The City of Arvin. (Interim City Manager / Finance Director)
Staff recommends to open the hearing, allow for public testimony, close the hearing and approve the Resolution.

Hearing opened.

No public testimony.

Hearing closed.

Motion to approve the Resolution.

Motion CM Horton Second CM Reyes Vote 4-0
Resolution No. 2022-07
B. A Public Hearing to Consider Introduction of An Ordinance of the City Council of the City of Arvin Adding Chapter 8.09, Mandatory Organic Waste Disposal Reduction Ordinance, to the Arvin Municipal Code. (Interim City Manager / Finance Director)
Staff recommends the City Council consider introducing the Ordinance to be ready by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

Hearing opened.

No public testimony.

Hearing closed.

Motion to waive first reading of the Ordinance and approve the introduction of the Ordinance.

Motion CM Horton Second MPT Borreli Vote 4-0

5. ACTION ITEM(S)
A. Discussion and Action on Measures to Mitigate the Impacts of the COVID-19 (Coronavirus) Pandemic. (City Manager)
Staff recommends to discuss and take action as appropriate.

No motion and no action taken on above Action Item 5A.

Arvin City Council Meeting Minutes – February 22, 2022

Page 3 of 4 ends

6. STAFF REPORTS

7. COUNCIL MEMBER COMMENTS

B. PUBLIC EMPLOYMENT (Pursuant to Government Code, § 54957) Position: City Manager
C. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and (3): (four potential cases)
D. Threats to Public Services or Facilities (Wastewater Treatment Facility) (Pursuant to Government Code, § 54957(a).)
Consultation with: City Engineer
E. Conference with Legal Counsel: Liability Claims (Pursuant to Cal. Govt. Code § 54956.95)
Claimant: Janean Wilkins-Reynoso, Gino Reynoso and Family (decedent Christian Javier Reynoso) - AIMs File No. FR100172; RMA Claim No. 20465- 20471.

Against: City of Arvin
F. CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code, § 54957.6):

City Negotiator: Jeff Jones, Interim City Manager / Finance Director Employee Organizations: Arvin Police Officers Association (APOA); Central California Association of Public Employees SEIU Local 521; and Unrepresented Employees.

CLOSED SESSION REPORT BY CITY ATTORNEY:
8A. No reportable action taken.
8B. No reportable action taken.
8C. Case 1: No reportable action taken.

Case 2 and Case 3: The City Council provided direction to the Interim city Manager.

Case 4: No reportable action taken.
8D. No reportable action was taken. The City Engineer provided an update to the City Council.

Arvin City Council Meeting Minutes – February 22, 2022

Page 4 of 4 ends

8E. The City Council denied the claims against the City. 8F. The City Council provided direction to the Interim City Manager. No further action was taken.

9. ADJOURNED 7:36PM
Respectfully submitted,
Cecilia Vela, City Clerk

CITY OF ARVIN
Staff Report
Meeting Date: March 08, 2022
TO: Arvin City Council
FROM: Tendai Mtunga, City Planner
Jeff Jones, Interim City Manager / Finance Director
SUBJECT: A Resolution of the City Council of the City of Arvin Establishing Guidelines for the Implementation of the California Environmental Quality Act of 1970 and Implementation of Title 18-California Environmental Quality Act Implementation-Environmental Clearance.

RECOMMENDATION
Staff is recommending that the City Council adopt A Resolution of the City Council of the City of Arvin, California, Establishing Guidelines for the Implementation of the California Environmental Quality Act of 1970 and Implementation of Title 18-California Environmental Quality Act Implementation-Environmental Clearance.

BACKGROUND
The State of California adopted California Environmental Quality Act of 1970 which provides statutes relating to environmental analysis and where appropriate, adopt mitigation measures which reduce environment impacts to the environment. Local agencies are required to adopt local implementing guidelines which supplement the state guidelines.

The attached resolution provides the administrative process for the city as well as future applicants that may be subject to the CEQA guidelines and statutory requirements. The resolution adopts the CEQA Guidelines by reference. The City Planner may create and or prepare forms and applications as may be appropriate and may change from time to time.

EXHIBITS AND ATTACHMENTS
A Resolution of the City Council of the City of Arvin, California, Establishing Guidelines for the Implementation of the California Environmental Quality Act of 1970 and Implementation of Title 18-California Environmental Quality Act Implementation-Environmental Clearance.

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Reso re: CEAQ Implementation – Environmental Clearance
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN,

CALIFORNIA, ESTABLISHING GUIDELINES FOR THE

IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT OF 1970 AND IMPLEMENTATION OF TITLE 18-
CALIFORNIA ENVIRONMENTAL QUALITY ACT IMPLEMENTATIONENVIRONMENTAL CLEARANCE WHEREAS, The Guidelines for the Implementation of the California Environmental Quality Act (State CEQA Guidelines) direct each public agency to adopt objectives, criteria, and specific procedures consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines for administering its responsibilities under CEQA (State CEQA Guidelines Section 15022).

WHEREAS, On March 08, 2022, the City Council of the City of Arvin adopted the City of Arvin Guidelines for the Implementation of the California Environmental Quality Act (City Guidelines), in order to provide City agencies, applicants, and the public with definitions, procedures, and forms to implement CEQA and to supplement the State CEQA Guidelines.

WHEREAS, The proposed amendments are consistent with the policies of the City of Arvin Comprehensive Plan and Title 17 Zoning, of the City of Arvin Municipal Code.

NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

1. The above recitations are true and correct.

2. The City Council of the City of Arvin, State of California, approves and adopts the aforementioned City Guidelines.

3. The Mayor of the City Council is hereby authorized and directed to sign and certify all documents and other materials in accordance with this resolution. ///////
///////
///////
///////
///////
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Reso re: CEAQ Implementation – Environmental Clearance
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 08th day of March 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

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Reso re: CEAQ Implementation – Environmental Clearance
City of Arvin Guidelines for the Implementation of CEQA

ARTICLE I - PURPOSE
The purpose of these Guidelines is to provide the City of Arvin, other agencies of which the City Council is the governing authority, applicants, and the public with definitions, procedures, and forms to be used in the implementation of CEQA, the California Environmental Quality Act (Public Resources Code Section 21000 and following) and to supplement the State CEQA Guidelines, (14 Cal. Admin. Code Section 15000 and following).

ARTICLE II - INCORPORATION OF STATE CEQA GUIDELINES
The full text of the State Guidelines for the implementation of the California Environmental Quality Act (14 Cal. Admin. Code Section 15000 and following), as they may be amended from time to time, is incorporated by reference into this Article of the City Guidelines.

ARTICLE III - DEFINITIONS
The following words, where not defined in the State CEQA Guidelines, shall have the meaning ascribed to them in these definitions. These definitions are intended to clarify City process procedures by supplementing definitions used in the State CEQA Guidelines.

A. Lead Department. The City department or agency of which the City Council is the governing authority, which has the principal responsibility for carrying out, approving, or causing the approval by a decision-making body of a project. The process for designating the lead department is set out in Paragraph C of Article IV of these Guidelines.

B. Threshold of Significance. Quantitative and qualitative criteria used to determine whether an environmental impact may be significant. Thresholds of significance are standards used to further refine the guidelines for determining significance provided in State CEQA Guidelines Sections 15064, 15382, and Appendix G.

C. Community Development Department may also be referred to as the Planning Division, Planning and Development Department (P&D) and/or Planning Department. The planning department of City of Arvin may have several divisions, which may include Engineering, Maintenance, Building and Safety, and Recreation. The department may be reorganized from time to time.

D. Master Environmental Assessment (MEA). A database covering a geographical or issue area that may involve cumulative impacts from several separate projects within the geographical area or involving the issue under study.

E. Decision-maker. The Official, Board, or Commission responsible for taking final action on a project under state law or City ordinances.

F. Public Projects. Those projects proposed to be carried out by a department of the City.

G. Hearing Officer. The City of Arvin Decision-maker or designee for public projects. The Director of the Planning and Development Department or designee for private projects. Generally,

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Reso re: CEAQ Implementation – Environmental Clearance
staff that provide oversight of CEQA document preparation, sign draft and final environmental documents, conduct environmental hearings, and record documents.

H. Environmental Coordinator. Appointed by the City Manager as the Hearing Officer.

Responsible for:

1. Ensuring that the preparation of the public plan or program EIR by the department that has the principal authority for the project complies with the requirements of CEQA and the County’s CEQA Guidelines; and

2. Fulfilling the duties of the Hearing Officer for the respective project.

3. Hearing Officer may be the any staff member which has the responsibility for the processing of or facilitation of projects as defined by CEQA.

I. Application. A permit application, including environmental information request provided by the Planning and Development Department and submitted on all non-exempt projects to assist the Planning and Development Department in the preparation of an initial study. The Planning Division may prepare application forms as may be needed.

J. Mitigation Monitoring and Reporting Program. All impact mitigation measures adopted as conditions of a development project permit approval including a monitoring component which describes the timing and the party responsible for monitoring and/\or reporting on the measure to ensure compliance. Describes how monitoring will occur when it is not clear from mitigation language.

K. Environmental Quality Assurance Plan. Plan required for large and/or complex projects for which multiple monitoring activities will be necessary to ensure compliance with mitigation measures during project implementation. Plan developed after project approval to supplement Mitigation Monitoring and Reporting Program.

ARTICLE IV - RESPONSIBILITIES FOR PREPARATION OF

ENVIRONMENTAL DOCUMENTS
A. Public Projects. The following responsibilities and procedures apply to public projects undertaken by the City:

1. Initial Studies. An Initial Study (IS) shall be prepared either by the lead department or the Planning and Development Department, at the lead department's option and upon the concurrence of the P&D Director, if applicable. If the Planning and Development Department is to prepare the Initial Study, the lead department shall first submit a detailed project description and/ or plan, and an environmental information request. If a public scoping meeting is held (pursuant to Paragraph J of Article V), the director of the lead department or the P&D Director shall conduct the meeting. Should a disagreement occur over the Initial Study analysis or determination, a consultation on the Initial Study shall be convened within five working days of lead agency receipt of signed Initial Study according to the process described in Paragraph K of Article V of these Guidelines.

2. Document preparation and processing. The environmental document (e.g., negative declaration, environmental impact report, supplement, addendum, etc.) shall be prepared and managed either by the lead department or the Planning and Development Department,

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Reso re: CEAQ Implementation – Environmental Clearance
at the lead department's option and upon the concurrence of the P&D Director, if applicable. All draft documents and final documents shall be reviewed for adequacy and signed by the Hearing Officer, with one week review times unless other arrangements are made. The Hearing Officer may conduct any separate environmental hearings on the document. The department preparing and managing the document shall be responsible for all other applicable aspects of document processing, including early consultation with Responsible Agencies; the Notice of Preparation (NOP) with the attached Initial Study signed by the Hearing Officer; consultant contracting and management; preparation of the Draft and Final documents; Notices of Completion (NOC), noticing and distribution of Draft and Final documents; and the Notice of Determination (NOD). For documents prepared by the lead department, CEQA findings to be considered for adoption by the decision-maker shall be prepared by the lead department, and reviewed and approved by the Hearing Officer. If a discretionary land use entitlement permit for the project is being processed by the Planning and Development Department, the CEQA findings shall be prepared by the Planning and Development Department. Disagreements raised with respect to environmental analysis or application of mitigation measures shall be discussed and resolved between the lead department and Hearing Officer, or if not resolved by the meeting, shall then be submitted for arbitration by the County Executive Officer or designee for resolution.

B. Private Projects. Where a private project is subject to a discretionary approval by the City, the applicant shall prepare an application, including environmental information. The Planning and Development Department shall review the application and either determine that the project is exempt from CEQA or cause the preparation of an Initial Study and ND, or draft and final EIR. The Hearing Board shall conduct any hearing on the environmental document and recommend findings to the decision-maker as to its adequacy under CEQA.

C. Designation of Lead Department. Where two or more departments of the City are involved with a project, the lead department shall be determined by the following criteria:

1. If the project is to be carried out by a department of the City, the lead department shall be the department which proposes to carry out the project.

2. Where If the project is proposed by an applicant other than the City, the lead department shall be the department with the authority to process or grant permits, or the department with the greatest responsibility for supervising, approving or causing the approval by a decision- making body of the project as a whole.

3. Where more than one department meets the criteria in subsection 2 above, the department or district which will act first on the project in question will normally be the lead department.

D. Applicant Involvement in Environmental Review Process. The lead department responsible for a CEQA environmental review process shall consult with the applicant at key points throughout the process as described below, to ensure accuracy of project information and to obtain timely input of the applicant's views on the analysis and process. It is important that all parties understand, however, that the lead department must maintain objectivity in preparing the environmental analysis in accordance with the requirements of CEQA.

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Reso re: CEAQ Implementation – Environmental Clearance

1. Pre-application consultations. As described in Paragraph B of Article V of these Guidelines, at the request of potential applicants prior to application, the lead department shall provide consultation about CEQA environmental review considerations at the public information counters or through paid staff consultations and pre-application conferences.

2. Application review. As part of the preliminary review of applications for completeness in the first 30 days following application submittal, the lead department shall begin consideration of CEQA environmental review issues and convey a preliminary assessment to the applicant. Examples of information at this stage could include an initial determination of whether a project is exempt from CEQA; additional project description or environmental setting information or technical studies that will be needed in order to analyze the project under CEQA; identification of possible significant environmental impacts; a preliminary assessment of probable environmental document type (e.g., ND, EIR, Supplement, Addendum); and preliminary identification of project redesigns, mitigation measures and/or alternatives that could be taken to avoid or lessen apparent environmental effects, including measures that might sufficiently reduce potentially significant effects such that the project may qualify for a mitigated negative declaration rather than an EIR.

3. Initial study. During preparation of the Initial Study, the lead department shall consult with the applicant as necessary to confirm the accuracy of the project description and to request any additional information regarding the environmental circumstances of the site or surrounding area, and to discuss any issues regarding impact analysis or document type arising from early consultation with affected agencies. As described in Paragraph K of Article V of these Guidelines, the applicant shall be notified of the initial study determination and may request a consultation/ appeal meeting to discuss clarification of the Initial Study analysis or appeal of the Initial Study determination. On projects for which potentially significant impacts are identified, the lead department shall consult with the applicant regarding any measures that could be incorporated into the project to sufficiently lessen impacts such that the project could qualify for a mitigated negative declaration rather than an EIR. The applicant must agree to such mitigation measures in writing prior to release of a draft negative declaration for public review.

4. Scoping. The applicant shall receive a copy of any Notice of Preparation and/or notice of a scoping hearing for the environmental document. The lead department shall consult with the applicant regarding any document scoping issues and any problems that arise from consultation with affected agencies and the public.

5. Consultant selection. Upon completion of an Initial Study and document scoping process leading to EIR preparation, the lead department staff shall prepare and issue a request for proposals to several (usually three) of the best qualified and available consultants from among authorized consultants. Alternatively, the City may authorize the applicant to engage a consultant to prepare the environmental document and submit the document and supportive studies and analysis for review. The City may retain, at the applicants cost, appropriate specialist to review the submitted documents to insure objectivity. The applicant shall receive a copy of the request for proposals and list of consultants to receive it. The applicant may choose to have the request for proposals sent to additional consultants either on open services contract with the City or not. A copy of

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Reso re: CEAQ Implementation – Environmental Clearance
the consultant proposals shall be forwarded to the applicant for review and comment to staff. The staff shall rate the proposals, if applicable, and identify any inadequate proposals. Staff shall discuss recommendations with the applicant. The applicant shall select an EIR consultant from among the proposals rated as adequate, and the City shall hold and manage the contract with the EIR consultant.

6. Administrative Draft and Draft EIR preparation. The lead department staff shall consultwith the applicant during preparation of the administrative draft and draft environmental document as necessary to confirm the project description, project objectives, and identification of alternatives; to discuss the progress content and findings of the analysis and any problems or conflicts which arise; and to discuss the feasibility of identified mitigation measures.

Once the administrative draft environmental document is completed, it shall be circulated to other city departments and service providers as necessary for review and comment.

Additionally, with the exception of joint agency documents as provided for in Section C.2 of Article VII of these Guidelines, the applicant shall have the opportunity to receive a copy for review and comment. Should the applicant receive a copy of the administrative draft environmental document, the document shall also be made available to any other member of the public upon request.

Should the lead agency department hire a consultant to prepare the environmental document, all communications between the consultant and either the applicant or city staff shall be with the applicant and city staff both participating, and any communications between the consultant, city staff and the applicant that result in a change in the administrative draft shall be memorialized in writing and be made part of the public record.

7. Public review period. The applicant shall receive a copy of notices of document availability, public comment period, and any environmental hearings. The lead department staff shall consult with the applicant regarding public and agency comments received, and applicant comments on the draft document.

8. Final EIR. The lead department staff shall consult with the applicant to discuss the progress of preparation of responses to comment, Final EIR, and CEQA findings.

ARTICLE V - INITIAL EVALUATION OF PROJECTS
A. Applicability. CEQA applies to activities that may result in a direct or reasonably foreseeable indirect physical change in the environment. A project subject to CEQA means the whole of an action resulting in such an environmental effect that a public agency undertakes, funds, and/or permits by a discretionary permit.

B. Early Consultation on CEQA Determinations. Upon request of a potential project applicant and prior to filing of a project permit application, the Lead Department shall provide consultation prior to filing of a project permit application, regarding CEQA environmental review considerations, including the range of actions, potential alternatives, mitigation measures, and any potential and significant effects on the environment. Such consultations are conducted through regular departmental processes including the public information counter and paid staff consultations or pre-application conferences.

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C. Adequacy of Project Description. The information required to adequately describe proposed projects for the purpose of environmental review must be provided in the application. These information requirements for application submittals include all the details needed to review routine projects. Large or complex projects may require additional information in order to complete an accurate environmental assessment.

Detailed information on site conditions, particularly any unique characteristics such as environmentally sensitive habitats or geologic hazards is required. Design features or measures incorporated into the proposed project intended to avoid, reduce, or otherwise mitigate project impacts should be described.

For projects which may utilize or generate hazardous materials, or which may pose a threat to public health or safety, information regarding the engineering basis and design of the project facilities and the effects of project operations is required.

The City's General Plan requires that an emergency response plan, a fire protection plan, and for petroleum projects, an oil spill response plan must be submitted as part of certain applications. These plans form an important part of assessing potential environmental effects. They should be specific to the project proposed.

For projects which require permits from other City departments or other agencies (County Air Pollution Control District, U.S. Forest Service, State California Department of Fish and Game Wildlife, etc.), information needed by such departments or agencies may be required to accompany an application to P&D. Any information submitted to other departments or agencies shall be consistent with that the information submitted to the Planning and Development Department.

Prior to the expiration of the period during which application completeness is to be determined, the Planning and Development Department shall identify any deficiencies in the project description for purposes of environmental review and notify the applicant. The applicant may submit a revised application.

D. Determining Exemption, Notice. The lead department shall determine whether the proposal is not a “project” pursuant to CEQA, or is an emergency, statutorily exempt, categorically exempt, or a ministerial project under CEQA, or may be found exempt under the general rule common sense exemption when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

1. A Notice of Exemption may be filed with the County Clerk after project approval for those classes of exemption identified in Appendix B of these Guidelines. Pursuant to State CEQA Guidelines Section 15062, the lead department may, in its discretion, also file a Notice of Exemptions with the County Clerk after project approval for any project determined to be exempt from CEQA. Filing a Notice of Exemption starts a 35 day statute of limitations period on CEQA legal challenges to the department’s decision that the project is exemption from CEQA.

2. Whenever a Notice of Exemption is prepared, it shall be posted at the Planning and Development Department at least six days prior to consideration of the project by the decisionmaker. The notice shall be posted in the office of the County Clerk within 24 hours of receipt and shall remain posted for a period of 30 days, then returned to the lead department. The lead department shall retain the notice for not less than 12 months.

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3. Project approval, as defined in the State Guidelines, means the decision by a public agency which commits the agency to a definite course of action in regard to a project. City rules for the exact date of approval of public projects for purposes of CEQA for public projects shall be as proposed by the various departments and approved by the City Council.

4. A determination that a project is not exempt may not be appealed; a determination that a project is exempt may be reviewed by the decision-maker at the time of consideration of the project, and if the decision-maker disagrees with the determination of exemption, the decision-maker shall instruct the Planning and Development or Lead Department to prepare an Initial Study.

5. For public projects which that require a permit land use entitlement processed by or through the Planning and Development Department, the exemption must be accepted by the decisionmaker. For these projects, the lead department will not issue an exemption until the project application is submitted and then only in consultation with the Planning and Development Department.

E. Initial Study. For non-exempt projects, the applicant, or the lead department for a public project, shall prepare and file an application including project description and environmental information request on a form prescribed by the Planning and Development Department as part of the application. Within 30 days of a determination of application completeness, the Planning and Development Department shall initially determine whether or not the project may have a significant effect on the environment.

If the Initial Study shows that there is no substantial evidence that the project will cause a significant effect on the environment, the lead department shall prepare a Negative Declaration or Addendum to a prior ND or EIR.

The Lead Agency shall cause the preparation of a Mitigated Negative Declaration if the Initial Study determines that the project may result in a significant effect, but revisions to the project proposal made by or agreed to by the applicant before the draft Negative Declaration is released for public review would avoid or mitigate the effects to a point where clearly no significant effect would occur, and there is no substantial evidence before the agency that the project as revised may have a significant effect.

If the Initial Study determines that the project may result in a significant effect on the environment, the lead department shall: (1) prepare an EIR, or (2) use a previously prepared EIR which adequately analyzes the current project, or (3) determine that some effects were adequately analyzed by a prior EIR or ND, and prepare a subsequent document (EIR, supplement or Addendum) focusing on effects not analyzed adequately in the previous document.

Initial Study determinations as to whether a project may have a significant impact on the environment shall be based on substantial evidence in light of the whole record before the lead agency department. Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment, is not substantial evidence. Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. The existence of public controversy over the environmental effects of a project shall not require preparation of an environmental impact

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report if there is no substantial evidence in light of the whole record before the lead agency department that the project may have a significant effect on the environment. Initial Studies shall provide brief explanations of evidence supporting identified environmental impact levels.

D. Environmental Thresholds, Rules for Use, and Amendment. The Planning and Development Department’s Initial Study determination on as to whether or not a project may have a significant effect on the environment shall be based in part on thresholds of significance. These thresholds are measures of environmental change, which are either quantitative, or as specific as possible for topics which that are resistant to not suited for quantification (such as aesthetics, cultural resources, and biology). Thresholds of significance are intended to supplement provisions in the State CEQA Guidelines for determination of significant environmental effect including Sections 15064, 15065, and 15382, and Appendix G, incorporated herein, and the thresholds shall be applied consistent with these State provisions.

A project which has no effect above threshold values individually or cumulatively shall generally be determined not to have any significant effect, and a negative declaration shall be prepared as provided by Article VI below. Projects which that have an a potential effect above a threshold of significance will generally require an EIR, unless mitigation measures sufficient to mitigate impacts to a less than significant level are is identified, and accepted by the applicant. which is sufficient mitigate impacts to a less than significant level. Thresholds of significance provide general guidance for determining significant impacts but are not ironclad definitions of significant impacts.

Thresholds of significance, as defined in [CEQA Guidelines] Section 15064.7(a), may assist lead agencies in determining whether a project may cause a significant impact.

When using a threshold, the lead agency should briefly explain how compliance with the threshold means that the project's impacts are less than significant. Compliance with the threshold does not relieve a lead agency of the obligation to consider substantial evidence indicating that the project’s environmental effects may still be significant. (CEQA Guidelines Section 15064(b)(2).)
Each project must be judged individually for its potential for significant impacts, based on specific circumstances and evidence.

The Planning and Development Department shall develop and maintain detailed descriptions of current thresholds, which shall be publicly available and shall be revised periodically as necessary to maintain a standard which will afford the fullest possible protection to the environment, within the reasonable scope of CEQA, by imposing a low threshold requirement for the preparation of an EIR. For issue areas for which there are no thresholds, the environmental document must: (1) set forth and present substantial evidence to support the use of a unique threshold; and (2) determine whether the project would result in a significant environmental effect (State CEQA Guidelines Sections 15064.7(b) and 15064(b)(2)). the Guidance provided in State CEQA Guidelines Sections 15064, 15065, and 15382, and Appendix G, shall also provide the a basis for determining significance.

1. Quantitative thresholds. Impacts associated with air quality, groundwater resources, noise, traffic, and solid waste are measured by quantitative thresholds. Numerical values reflecting degrees of environmental change which are deemed generally insignificant are derived from federal or state standards, comprehensive plan elements, or scientific data.

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2. Qualitative thresholds. For some impacts, including agricultural resources, biological resources, and cultural resources, a combination of numerical indices and qualitative values based on professional judgment is used. The evaluation of aesthetics, in contrast, is based entirely on qualitative criteria.

3. Thresholds and guidelines amendment and adoption.
a. Basis for thresholds amendment.
(1) General. Several threshold methodologies include a mechanism to enable them to respond automatically to environmental change. For example, changes in attainment status relative to air quality standards, changes in traffic levels on roads vehicle miles traveled, and changes in the balance between water supplies and water use all affect how thresholds determine significance.

However, other changes in environmental conditions or environmental information may require an alteration to the methodology used to evaluate significance.
(2) Change of scientific basis and criteria. The underlying basis of threshold criteria may change with the discovery of new data or theories about relationships between environmental change and environmental quality.

When data from scientific publications, reports, or conference proceedings, etc. suggest the need for such a change, the City shall review these data and determine the justification for threshold revisions. (3) Change in environmental circumstances. Environmental characteristics such as groundwater levels, traffic counts and sensitive biological habitat acreage are subject to constant change due to development trends. In order to ensure reasonable significance determinations, thresholds will be changed to reflect changes in environmental carrying capacity, resource scarcity and resource use. Information on such changes may come from resource managers (e.g. water purveyors, Air Pollution Control District), applicants or the public.
b. Process for thresholds amendment and adoption.
(1) New or revised thresholds. Thresholds shall be periodically amended by the City as necessary to reflect new information or changed environmental circumstances; and new thresholds or guidelines for additional topical areas may be adopted by the City as deemed necessary. In accordance with City Council authorization, the Planning Commission will hold at least one noticed public hearing to consider: (1) existing thresholds and the need for refinement or revision, (2) specific proposed changes to thresholds and guidelines, and/or (3) new thresholds and guidelines for additional topics. The public hearing(s) will have the purpose of advising the public of the basis for thresholds, of obtaining public comment on thresholds and revisions, and of gathering relevant data for inclusion in thresholds data bases. The Planning Commission will provide direction for thresholds revisions and development of new thresholds and will forward new or revised thresholds for final adoption by the City Council.

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(2) Interim thresholds. Interim thresholds revisions may be authorized by the City Council without the above public process when immediate revisions are necessary. Any interim changes in thresholds made without the above public hearing process shall be posted in a public area of the Planning and Development Department for a period of 30 days following authorization of the changes.

E. Mitigation Measures. Measures capable of reducing or avoiding potentially significant impacts shall be identified during the preliminary evaluation of non-exempt projects. A broad range of potential mitigations should be considered to maximize the potential for project modifications which mitigate adverse impacts and enable projects to qualify for negative declarations. The list of mitigation measures identified at the Initial Study stage must later be refined and specified to meet the standards for inclusion in environmental documents. (Paragraph B of Article VI and Paragraph D of Article VII of these Guidelines.).

F. Notice of Preparation and Scoping Meetings.

1. Notice of EIR preparation. Following an Initial Study determination that an environmental impact report will be required, the lead department shall prepare and distribute a Notice of Preparation (NOP) of the EIR. The Notice of Preparation shall be sent to Responsible and Trustee Agencies and involved federal agencies and may be sent to other interested agencies, groups and individuals. The Notice of Preparation is sent to provide notice that an EIR will be prepared and to obtain comments on the EIR scope of analysis.

2. Scoping meetings. On potentially controversial projects or marginal cases where it is not clear whether a project may have a significant effect, early consultation with the public is helpful in determining whether an EIR will be required and what issues it should address. a. Purposes.
(1) To allow for public and agency input on the environmental effects of a project at the earliest possible time in the process.
(2) To focus project-related impact assessment on significant environmental issues and their mitigation.
(3) To determine the focus of EIRs, based on public input and thresholds. (4) To identify feasible mitigation measures.
(5) To identify realistic and feasible alternatives for refinement within EIRs. b. Applicability. Public scoping meetings may be called by the Planning and Development
Department if the project has one or more of the following features:
(1) It is near one or more controversial projects
(2) Public concern has already been expressed over environmental effects of the project (3) It will require a Comprehensive Plan Amendment or Rezone (4) It is clear that it may have a significant effect in one issue area, but not clear in other areas c. Notice. Scoping meetings shall occur as early as practicable, and generally within 30 days

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of the Initial Study determination or within the Notice of Preparation period.

Noticing for public scoping meetings shall include Responsible, Trustee, interested and affected agencies, and organizations and members of the public expressing interest. Notice shall be given at least 10 days prior to the scoping meeting and should contain a copy of the draft Initial Study or summary scoping paper.
d. Use. Subsequent to the scoping meeting, lead department staff shall make any appropriate changes to the Initial Study and advise the applicant whether an ND or an EIR is required.

G. Consultation/Appeal Process for Initial Study Determinations. The purpose of this procedure is
to provide an opportunity for an applicant or the lead department for public projects, once an initial study has been prepared, to correct inaccurate information and/or to provide evidence which might tend to establish that the conclusions of the initial study may be incorrect pursuant to State CEQA Guidelines Section 15063(g). Where a determination is made that an EIR is required, the applicant shall be immediately notified of this determination by certified mail.

Within five working days following receipt of notification of the Initial Study determination, the applicant or lead department may request and receive a meeting with the P&D Director for the purpose of consultation to clarify or correct the Initial Study analysis. The request for an Initial Study consultation shall be by letter and shall specify the basis for the Initial Study consultation request.

Any changes to the findings of the Initial Study based upon the consultation shall be supported by substantial evidence to show a material error or incorrect conclusion in the Initial Study, or modifications to the project. Such evidence supporting errors or incorrect conclusions should be documented by engineering reports or certified by a competent professional in the appropriate field and should consist of new material not already considered in the Initial Study.

Upon consideration of the information submitted, the P&D Director shall affirm, reverse or modify the conclusions of the Initial Study and provide a copy to the applicant or lead department. This determination is not appealable.

ARTICLE VI - NEGATIVE DECLARATIONS
A. Responsibility For Preparation.

1. For private projects, the Planning and Development Department shall prepare the proposed ND or cause it to be prepared by a private contractor pursuant to the City’s procurement policies and procedures. Contractors may be used when workload exceeds available staff resources or when the proposed ND requires expertise not available from existing staff.

2. The Planning and Development Department shall determine whether the proposed ND is complex or non-complex. Complex ND's require an environmental hearing; non-complex ND's do not.

Complex ND's include complex analysis or analysis of environmental issues which are subject to controversy over the presence or absence of significant adverse effects. Non-complex NDs

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include only analysis which is clear cut and precise and which is likely to be subject to little or no controversy over environmental effects. Public controversy over planning or policy issues rather than the identification of environmental effects does not establish that an ND is complex.

The Planning and Development Department's determination on complexity is not appealable.

B. Mitigation Measures. Where the identification of mitigation measures enables an applicant or lead department to modify a project during the initial study to mitigate all potentially significant impacts to a less than significant level before an EIR is prepared, a Mitigated Negative Declaration incorporating those mitigations into the project description shall be prepared. Mitigation measures in Negative Declarations must meet the standards for adequacy described in Paragraph D of Article VII of these Guidelines. Furthermore, mitigations forming the basis of a finding of no significant impact must be accepted in writing by the applicant or lead department proposing the project, and incorporated into the project description before the proposed negative declaration is released for public review. Mitigation measures must be made fully enforceable through permit conditions or other agreements.

C. Mitigation Monitoring and Reporting Program. When adopting a Mitigated Negative Declaration, a Mitigation Monitoring and Reporting Program will also be adopted which incorporates mitigation measures meeting the standards for adequacy described above and a monitoring component for each measure described in Section E of Article VII of these Guidelines. The lead department will be responsible for ensuring that monitoring and reporting is carried out as indicated after the project is approved.

D. Review Period.

1. Within 10 work days of completion of a draft ND, the lead department shall initiate a 20 day public review period. If a State Clearinghouse review is required, the public review period forthe ND shall be 30 days. Should issues related to new environmental information, changed environmental circumstances, or applicant changes to the project description occur, an extended public review period may be required at the discretion of the Hearing Officer.

All proposed NDs shall be presented to the advisory and/or decision-making body in a public hearing after the close of the public review period for the ND as part of the proposed action.

3. Notice of ND availability, review period, and environmental hearing, if applicable, will be given by posting on the Planning and Development Department public bulletin board, by publishing in a newspaper of general circulation in the project area, or by mailings to properties within 300 feet and contiguous occupants, and interested community groups. In a case where the 300-foot criterion would require mailings to more than 200 individual properties, another means of public notification shall be allowed (posting of site, display ad in a newspaper of general circulation, etc.). In cases where the project's impacts would extend beyond 300 feet, an attempt shall be made to notify affected properties beyond 300 feet. The notice shall include: a brief description of the proposed project and location; a summary listing of potentially significant but mitigable impacts anticipated to result from the project; identification of the preparer of the draft ND; the length of the review period in which comments will be received by the lead department; the date, time and place of the public comment hearing on the ND, if applicable;, and the places where copies of the ND and documents referenced incorporated by reference in the ND are available for public review.

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4. Comments from the public and the applicant received during the public hearing or review period shall be considered and where appropriate will be incorporated into the final ND.

E. NDs set for hearing before the advisory and/or decision-making body. NDs shall be set for hearing before the advisory and/or decision-making body. All comments received during the review period shall be attached to the proposed ND and transmitted to the advisory and/or decisionmaking body, with a proposed finding that there is no substantial evidence that the project will have any significant effect, and a recommendation for approval of the document. Mitigation measures which are equivalent or more effective in reducing potentially significant impacts may be substituted by the advisory and/or decision-making body during the approval process without re-circulating the ND.

F. Determination by Decision-maker that ND Is Inadequate. If, upon review of the project, the decision-maker determines that the ND is inadequate, the project shall be referred to the lead department for appropriate revisions or preparation of an EIR. Consideration of the project shall be deferred until the ND is approved or an EIR is certified, consistent with mandatory timelines for action.

G. Notice of Determination Within five working days after of the approval or determination of a public or private project becomes final, the lead department shall file a Notice of Determination with the County Clerk and with the State Clearinghouse only if a discretionary permit is required from a state agency. The notice shall be posted in the office of the County Clerk within 24 hours of its receipt and shall remain posted for a period of 30 days, after which it will be returned to the lead department. The lead department shall retain the notice for not less than 12 months.

ARTICLE VII - PREPARATION OF EIRs
A. Responsibility for Preparation. For private projects, the Planning and Development Department shall prepare the EIR or cause it to be prepared by a private contractor. Upon receipt of an executed EIR contract and deposit from the private applicant, the Planning and Development Department may proceed with consultant selection and contracting with a qualified consultant to prepare a draft and final EIR, in accordance with procedures outlined in Section D.5 of Article IV and Section C.1 of Article VII of these Guidelines.

B. Focus of EIR Analysis. EIRs shall focus on analysis of potentially significant impacts.

Impacts which will be less than significant may be summarized or reference may be made to the Initial Study analysis of impacts determined to be less than significant. However, for projects requiring conditional use permit or development plan approval, analysis of all impacts shall be sufficient to provide a basis for required findings as to whether all adverse impacts are mitigated to the maximum extent feasible.

C. Administrative Draft EIRS for Private Projects.

1. Preparation of Administrative Draft EIRs for private projects. A draft EIR for a private project may be prepared directly by a lead department's own staff or may be initially prepared by a consultant and then reviewed and modified as needed by the lead department staff prior to issuance for public review. An initial, draft EIR prepared by a party other than the lead department is termed by the City an "administrative draft" EIR.

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The following options are available for preparing an administrative draft EIR for a private project:
a. When the Planning and Development Department determines that an EIR can be prepared with its own staff, the applicant has the choice of EIR preparation either by a consulting firm or the Planning and Development Department staff. The option for staff prepared EIRs is generally only available for analysis that is small in scope, having only one or two potentially significant impact areas to analyze. b. When a consulting firm is to prepare the document, the Planning and Development Department staff chooses three firms to receive the Request for Proposals (RFP) from a list of qualified firms. If the applicant believes the staff's choice of firms was too narrow, the applicant may add other additional firms to receive the RFP.
c. After EIR proposals are received, the Planning and Development Department staff disqualifies any unacceptable proposals. These could include, but are not limited to, proposals: which staff finds non-responsive, or proposals; for which staff concludes that substantial revision of the EIR would likely be needed prior to release of the public draft; or proposals from firms that would have a conflict of interest., etc. At least two proposals would be available from which the applicant could select. The applicant makes the final selection of EIR firm for recommendation to the City contracting authority.

In the case of a joint agency document process involving a City with another CEQA agency or National Environmental Policy Act (NEPA) agency, consultant selection shall occur in accordance with the process identified by the joint agency agreement and may involve consultant selection by the joint powers agency rather than the applicant.

In accordance with State CEQA Guidelines Section 15084(e), before using a draft prepared by another party, the lead department must first subject the draft to the department's own scrutiny. The draft EIR which is issued for public review must reflect the independent judgment of the lead department. The lead department is responsible for the adequacy and objectivity of the draft EIR.

2. Public availability of Administrative Draft EIRs for private projects. In order to provide for public tracking of analysis leading to the draft EIR, administrative draft EIRs for private projects shall be made available to the public according to the following procedures, except as noted below. Notice of public availability of an administrative draft EIR shall be provided as part of the notice for the public review draft EIR. Upon request by an applicant or member of the public, an administrative draft EIR for a private project shall be made available for inspection, together with written comments from the lead department staff, to the EIR-preparer regarding changes to the document, as of the start of the public review period for the draft EIR. The Public Records Act provisions for confidentiality are waived to authorize public inspection administrative draft EIRs and written staff directions to consultants on administrative draft EIRs for private projects.

In a case where an applicant requests and receives a copy of the administrative draft EIR prior to circulation of a draft EIR (as provided in Section D.6 of Article IV) the

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administrative draft EIR shall also be made available to any other member of the public upon request. Additionally, any communications between the consultant, county staff and the applicant that result in a change in the administrative draft shall be memorialized in writing and be made part of the public record.

In the case of a joint agency document process involving a County agreement with another CEQA agency or National Environmental Policy Act (NEPA) agency to maintain confidentiality of administrative draft materials, the Public Records Act exemption from disclosure is maintained, and the administrative draft EIR shall not be made available to the applicant or public.

D. Mitigation Measures. Mitigation measures conceived during the initial evaluation of projects must be refined in EIR's to ensure their feasibility, specificity, and enforceability. Mitigations shall be explicitly written in language which can be directly applied to conditions of approval by the decision-makers. Where appropriate and feasible, each mitigation measure shall contain the mitigating action, any related activities which must occur to ensure the action takes place (deposit fees, revise plans), any required applicant reports, and the timing for each required action. The development of mitigation measures shall be coordinated with appropriate City departments. Where a City department would be responsible for implementing a mitigation measure, the environmental document shall identify a mechanism to link the timing and funding of the mitigation to the approval of the project. Where mitigation measures require action by agencies other than the City, the agency shall be identified. Determination of the feasibility of mitigation measures shall consider economic, legal, social, and technological considerations, including considerations of employment opportunities for highly trained workers. Mitigation measures must be made fully enforceable through permit conditions or other agreements.

D. Mitigation Monitoring and Reporting Program (MMRP). Each mitigation measure will have a corresponding monitoring component which will describe at a minimum, the party responsible for monitoring and when the monitoring shall occur. The monitoring component will also describe specific monitoring actions if they are not evident from reading the mitigation measure. For very large and/or complex projects where project implementation will occur over multiple sites or will include multiple activities for which monitoring is required, an Environmental Quality Assurance Plan (EQAP) will be prepared to supplement the MMRP. This determination will be made by the Planning and Development Department. The EQAP will be prepared by the applicant and approved by the City prior to land use clearance and will list all mitigation measures according to the timing of each measure, list all monitoring components and provide for coordinated monitoring by all field monitors during project implementation. The EQAP will also contain chain of authority and communication between construction personnel, monitoring personnel (hired by the City) and the Planning and Development Department project coordinator. The lead department will be responsible for ensuring that monitoring and reporting is carried out as indicated after the project is approved.

E. Analysis of Project Alternatives.

1. All EIRs shall include a discussion of project alternatives. Development of project alternatives should focus on options which have the potential to reduce significant environmental impacts and attain project objectives. While consideration of a broad

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spectrum of alternatives is encouraged early in the process, the range of options should be narrowed to those which are consistent with the following principles:
a. Consistency with the general plan (when a general plan amendment is not requested). b. Reduction of significant adverse environmental effects. c. Compatibility with neighboring uses.
d. Feasibility.

Determination of the feasibility of alternatives shall take into account economic, legal, social, and technological considerations, including considerations of employment opportunities for highly trained workers. The EIR should describe the rationale for selection of alternatives and identify alternatives considered but rejected as infeasible.

G. Cumulative Impact Evaluation.

1. Cumulative project list. The potential effects of development not included in baseline data will
be analyzed for cumulative impact evaluation if they result from projects which are:
a. Partially occupied or under construction. Those projects which, though only partiallyoccupied or under construction, should be included to the extent that their impacts are not yet fully incorporated into the environmental setting against which the project's impacts will be assessed.
b. Approved. Those projects which have received final discretionary approval from the decision-makers.
d. Under review. Those projects which have been deemed "complete" for processing and are currently undergoing review by lead agencies. e. Proposed projects. Those projects which have submitted a pre-application assessment with a lead department or have been discussed publicly by an applicant.

Unless these projects pre-application data contain a high degree of specificity and a probable time frame, they should not be included on the full cumulative list but may be included as advisory information on the scope of possible development in the area.

2. Public projects. Public projects which are partially occupied, under construction, approved, under review, or proposed, should be treated in the same manner as private projects. Projects which are included on a capital improvement program (CIP) or are reasonably expected to be funded and scheduled should also be included on a cumulative list. However, projects which are listed as needed on a capital improvement program but are not funded or scheduled should be included for information only, and not included in the cumulative impact assessment.

3. Project classification. The separation of projects into the different categories (i.e., projects under review, approved, or under construction) provides information as to their relative timing and the potential phasing of mitigation measures needed to offset corresponding cumulative impacts. The most accurate estimation of cumulative project timing is essential to provide decision-makers with accurate criteria to require project phasing or delay. Of particular importance is the provision of a separate assessment of impacts associated with approved projects only. While not required under CEQA, a

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separate analysis of the project's impacts with those of approved projects provides an estimate of what potential impacts would be under "a future environmental setting scenario." While the approved projects must also be included within the full cumulative scenario, the approved project scenario provides a realistic estimate of future conditions under which the project's impacts would occur, if no other approvals were to occur.

4. Significance criteria. Unless otherwise specified in the City’sadopted Thresholds of Significance, a project's potential contribution to cumulative impacts is assessed utilizing the same significance criteria as those for project specific impacts.

5. Impact identification. The cumulative impact discussion within an EIR should identify whether the project's contribution to a particular impact is significant. As previously stated, each City threshold accounts for cumulative impacts either through specific standards or through incorporation of cumulative background data within its standard.

The decision to prepare a ND implies that a project's impacts are insignificant on both a project specific and cumulative level. However, where a cumulative impact is identified and the ND contains recommended mitigation measures to reduce the project's contribution to cumulative effects, information must be provided to substantiate the recommended mitigations.

H. Classification of Impacts in EIRsS.

1. The methodology of impact analysis and criteria for determining whether or not impacts are significant shall be explained in all EIRs.

2. The City will make use of a Summary Impact Table in all EIRs to assist decision-makers with adoption of Statements of Overriding Considerations and Findings. Such tables are organized substantially as follows: Environmental impacts shall be identified as follows:
a. Significant and unavoidable impacts. Class I Impacts. Significant unavoidable adverse impacts for which the decision-maker must adopt a Statement of Overriding Consideration, if the decision-maker decides to approve the project. b. Significant but mitigable impacts. Class II Impacts. Significant environmental adverse impacts that can be avoided or feasibly mitigated to an insignificant level or avoided, and for which the decision-maker must adopt Findings and recommended mitigation measures.
c. Insignificant impacts. Class III Impacts. Adverse impacts found not to be that are insignificant for which the decision maker does not have to adopt Findings under CEQA. d. No impact. No adverse impact will result from the project; or e. Beneficial impacts. Class IV Impacts. Impacts beneficial to the environment.

I. Review Period.

1. When the lead department proposes to offer the draft EIR for public review, it will file a Notice of Completion with the State Clearinghouse, publish a Notice of Availability - Draft EIR, and indicate the public comment period.

2. Notice will be given by posting on the Planning and Development Department public bulletin board, by publishing in a newspaper of general circulation in the project area, and by mailings to properties within 300-feet and contiguous occupants and to

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interested community groups. In cases where the 300-foot criterion would require mailings to more than 200 individual properties, another means of public notification shall be allowed (e.g., posting of site, display ads in a newspaper of general circulation, etc.).

3. The notice shall include: a brief description of the proposed project and location; any unavoidable significant and unavoidable (Class I) impacts and potentially significant but mitigable (Class II) impacts anticipated as a result of the project; the identity of the preparer of the draft EIR and the availability of the administrative draft document; the starting and ending dates and the length of the review period (30 days unless the review includes the State Clearinghouse, in which case it will be 45 days) in which comments will be received by the lead department; the manner in which the lead department will receive comments; the date, time and place of the public comment hearing on the EIR;, and the places where copies of the EIR and documents referenced incorporated by reference in the EIR are will be available for public review.

4. The Hearing Officer shall hold a public hearing on all draft EIRs. The hearing shall be held within 45 days of the publication of the Notice of Availability and Notice of Completion. At the hearing, comments by interested agencies, the public, and the applicant are solicited on the accuracy and adequacy of the draft EIR. These comments may include critiques of any part of the document including impact summary tables, forecasts of environmental effects, proposed mitigation measures, and project alternatives.

Comments on the merits of the project rather than its potential environmental effects and their mitigation are not appropriate, and should be reserved for the decision-making hearing on the project. The preparer of the draft may or may not provide initial responses to comments at the hearing. Formal written responses to comments shall be provided in the Final EIR. Pursuant to State CEQA Guidelines Section 15088, the lead department shall respond to comments raising significant environmental issues received during the noticed comment period and any extensions, and may respond to late comments. The lead department shall provide a written proposed response, either in a printed copy or in an electronic format, to a public agency on comments made by that public agency at least 10 days prior to certifying the EIR.

The written response shall describe the disposition of significant environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or objections). In particular, the major environmental issues raised when the lead agency's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted. There must be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information will not suffice. The level of detail contained in the response, however, may correspond to the level of detail provided in the comment (i.e., responses to general comments may be general). A general response may be appropriate when a comment does not contain or specifically refer to readily available information or does not explain the relevance of evidence submitted with the comment. (CEQA Guidelines Section 15088(c))
J. Findings and Recommendations for Approval. If, after the comment period and public hearing, the decision-making body determines that the EIR is adequate, the EIR shall be finalized. All

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minor revisions, comments and responses identified during the review period shall be incorporated into the document and transmitted to the decision-maker with recommended findingsto certify the final EIR.. For projects subject to Public Resources Code Section 21081(a), the project description and conditions which include mitigation measures with their corresponding monitoring requirements are the monitoring program for the project.

K. Determination by Decision-maker that EIR is Inadequate. If, upon review of the prepared final EIR and the project, the decision-maker determines that the EIR is inadequate, the EIR shall be referred to the lead department for appropriate revisions unless the decision-maker denies the project. Consideration of the project shall be deferred until the EIR is certified by the decision-maker(s) consistent with mandatory timelines for action.

L. Criteria for Recirculation of EIR. Where a draft EIR is determined to be inadequate, it shall be recirculated for public review prior to certification where any one of the following occurs:

1. The draft previously circulated did not adequately discuss substantial adverse environmental impacts, feasible alternatives, or mitigation measures.

2.The information contained in the previously circulated draft was so inaccurate, incomplete, biased or misleading so as to have prevented meaningful public review.

3.The draft did not reflect the independent judgment of the lead department.

4.Circumstances requiring a Supplement under CEQA have arisen, namely that significant new information is added to the EIR after public review such as identification of a new significant impact, a substantial increase in the severity of an impact, or identification of a feasible mitigation measure or alternative that would lessen project impacts, but the project proponent declines to adopt it.

M. Changes by Decision-maker. If the decision-making body disagrees with the conclusions set forth in the EIR regarding the significance of environmental impacts or feasibility of mitigation measures and alternatives, the decision-making body shall correct them and set forth its reasons for the correction.

O. CEQA Findings and Statement of Overriding Considerations. In order to approve a project with identified significant unavoidable (Class I) environmental impacts: (1) the decision-makers must adopt one of the specific findings set forth in State CEQA Guidelines Section 15091 for each significant impact identified in the EIR; and (2) if the findings reveal that one or more of the impacts will be unavoidable and significant (after feasible mitigation), then the decision-maker must adopt a statement of overriding considerations pursuant to State CEQA Guidelines Section 15093 in order to approve the project despite the significant impacts that will result from it. Each finding for each significant effect must be based on substantial evidence that specific overriding economic, legal, social, technological or other benefits of the project outweigh the significant environmental effects.

P. Notice of Determination. Within five working days after of the approval or determination of a public or private project becomes final (for which a final EIR has been certified), the lead department shall file a Notice of Determination with the County Clerk, and with the State Clearinghouse only if a discretionary permit is required from a State agency. The notice shall be posted in the office of the County Clerk within 24 hours of its receipt, and shall remain posted for a period of 30 days after which it will be returned to the lead department. The lead department shall retain the notice for not less than 12 months.

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Reso re: CEAQ Implementation – Environmental Clearance

ARTICLE VIII - TIME LIMITS
A. Timely compliance. The City shall carry out its responsibilities for preparing and reviewing environmental documents as expeditiously as possible to avoid unnecessary delays in the processing of applications for permits and other instruments for use.

5. Negative Declarations. For private projects involving the issuance of a land use entitlement, NDs must be completed and approved within 180 days from the date the application was deemed complete for processing by the lead agency/department. Pursuant to State CEQA Guidelines Section 15107, the 180-day time limit may be extended once for a period of not more than 90 days upon consent of the lead department and the applicant.

6. Environmental Impact Reports. For private projects, EIRs must be completed and certified within 365 days/one year from the date the Lead Agency deemed the application complete for processing. Pursuant to State CEQA Guidelines Section 15108, the one-year time limit may be extended once for a period of not more than 90 days upon consent of the lead department and the applicant.

7. Time limits for public projects. Only private projects are subject to time limits described in the Permit Streamlining Act; City administrative practice applies such timelines to public projects. Regardless of the type of project (i.e., public, or private), any project requiring a legislative action is not subject to the time limits described in the Permit Streamlining Act.

8. Provisions for time extensions. In the event that compelling circumstances justify additional time, and the project applicant consents, a reasonable extension of the time periods specified in Subsections 1 through 3 above may be applied by the Lead Department.

9. Consultant contracts. If a CEQA document is prepared under contract to the lead department, the contract shall be executed within 45 days from the date on which a notice of preparation is sent out by the lead department.

ARTICLE X - FEES
Fees shall be charged in accordance with Fee Resolutions as adopted and amended by the City Council. In the event the applicant fails or refuses to deposit such fees as are determined to be required, the Director may suspend the processing of the project, or the project be denied without prejudice pursuant to state CEQA Guidelines Section 15109. In such a case, it shall be presumed that without preparation of adequate environmental documents required findings for project approval cannot be made.

ARTICLE XI – SEVERABILITY
If any portion of these Guidelines is held unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions.

CITY OF ARVIN
Staff Report
Meeting Date: March 8
th
, 2022
TO: Arvin City Council
FROM: Adam Ojeda, P.E.; City Engineer
SUBJECT: Consideration and Approval of A Resolution of the City Council of the City of Arvin Describing Improvements and Ordering the City Engineer to File A Report With Regard to the Landscape and Lighting Maintenance District No. 1 for the 2022-2023 Fiscal Year.

BACKGROUND:

The City of Arvin maintains various landscape, lighting and drainage improvements within the boundaries of Landscape and Lighting Maintenance District #1. Pursuant with the Landscaping and Lighting Act of 1972, a report of the improvements and the proposed special assessments must be prepared annually for review by the Council and the public so that annual assessments can be made. The first step in the process is for the City Council to initiate proceedings and to direct the City Engineer to prepare an updated report.

At this time, there are no substantial changes to the limits of the district, and no annexations are proposed.

FINANCIAL IMPACT:

The funds from the Maintenance District will be collected by the Kern County Assessor’s Office and disbursed to the City as a special assessment. When collected, these assessments will go into a fund that shall be used to pay for the maintenance and operation of the lighting, landscaping, walls, drainage, and administration of the District. As provided for by the Landscaping and Lighting Act of 1972, a reassessment may provide for additional funds to be collected based on the Consumer Price Index of Los Angeles / Anaheim / Riverside for 2021. Said reassessment may be for an amount of up to a 4% increase from the previous fiscal year assessment.

RECOMMENDATION:

Staff recommends that the City Council approve a resolution which initiates the above described actions.

ATTACHMENTS:

Resolution

Page 1 of 2 ends

Reso Ordering Engineering Report for LLMD No. 1 FY 2022/2023 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

ORDERING THE CITY ENGINEER TO FILE A REPORT WITH REGARD TO THE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR THE 2022-2023 FISCAL YEAR
WHEREAS, the City of Arvin is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Landscaping and Lighting Act of 1972 requires the review of annual assessment of existing Districts; and
WHEREAS, Landscape and Lighting Maintenance District No. 1 has been formed pursuant to the Landscaping and Lighting Act of 1972, and has been brought into compliance with Proposition 218; and
WHEREAS, the City Council of the City of Arvin desires that assessments be levied and collected in said assessment districts for the 2022-2023 fiscal year in accordance with Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highways Code of the State of California; and
WHEREAS, the City Council wishes to secure an engineer’s report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arvin as follows:

Section 1. There are no proposed new improvements or any substantial changes in existing improvements for Landscape and Lighting Maintenance District No. 1. The City Engineer is hereby ordered to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California for fiscal year 2022-2023 Landscape and Lighting Maintenance District No. 1 assessments.

Section 2. This Resolution shall take effect immediately. //////
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Reso Ordering Engineering Report for LLMD No. 1 FY 2022/2023 I HEREBY CERTIFY that the foregoing resolution was duly passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 08 th day of March 2022
by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor

APPROVED AS TO FORM
By:

NATHAN HODGES, City Attorney
Hodges Law Group, LLP
I, ___________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City on the date and by the vote indicated herein.

CITY OF ARVIN
Staff Report
Meeting Date: March 8
th
, 2022
TO: Arvin City Council
FROM: Adam Ojeda, P.E.; City Engineer
SUBJECT: Consideration and Approval of A Resolution of the City Council of the City of Arvin Describing Improvements And Ordering the City Engineer to File A Report With Regard to the Landscape And Lighting Maintenance District No. 2 for the 2022-2023 Fiscal Year.

BACKGROUND:

The City of Arvin maintains various landscape, lighting and drainage improvements within the boundaries of Landscape and Lighting Maintenance District #2. Pursuant with the Landscaping and Lighting Act of 1972, a report of the improvements and the proposed special assessments must be prepared annually for review by the Council and the public so that annual assessments can be made. The first step in the process is for the City Council to initiate proceedings and to direct the City Engineer to prepare an updated report.

At this time, there is a change to the limits of the district, and the annexation of Tract 6677 is proposed.

FINANCIAL IMPACT:

RECOMMENDATION:

Staff recommends that the City Council approve a resolution which initiates the above described actions.

ATTACHMENTS:

Resolution

Page 1 of 2 ends

Reso Ordering Engineering Report for LLMD No. 2 FY 2022/2023 RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

ORDERING THE CITY ENGINEER TO FILE A REPORT WITH REGARD TO THE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 2 FOR THE 2022-2023 FISCAL YEAR
WHEREAS, the City of Arvin is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Landscaping and Lighting Act of 1972 requires the review of annual assessment of existing Districts; and
WHEREAS, Landscape and Lighting Maintenance District No. 2 has been formed pursuant to the Landscaping and Lighting Act of 1972, and has been brought into compliance with Proposition 218; and
WHEREAS, the City Council of the City of Arvin desires that assessments be levied and collected in said assessment districts for the 2022-2023 fiscal year in accordance with Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highways Code of the State of California; and
WHEREAS, the City Council wishes to secure an engineer’s report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arvin as follows:

Section 1. There are new improvements and changes in existing improvements for Landscape and Lighting Maintenance District No. 2. The City Engineer is hereby ordered to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California for fiscal year 2022-2023 Landscape and Lighting Maintenance District No. 2 assessments.

Section 2. This Resolution shall take effect immediately. //////
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Reso Ordering Engineering Report for LLMD No. 2 FY 2022/2023 I HEREBY CERTIFY that the foregoing resolution was duly passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 08 th day of March 2022
by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor

APPROVED AS TO FORM
By:

CITY OF ARVIN
Staff Report
Meeting Date: March 08, 2022
TO: Arvin City Council
FROM: Jake Raper, Planning Consultant
Jeff Jones, Interim City Manager / Finance Director
SUBJECT: A Resolution of the City Council of the City of Arvin, California, Establishing Cost Recovery Fee for the investigation, preparation, adoption, and amendments to Title 16 Subdivisions relating to Development Agreements, Title 17 Zoning relating Commercial Cannabis Activity, amendment, adoption of Chapter 8.29.05 Commercial Cannabis Activity, and adoption of CEQA Exemption findings per CEQA Guidelines, sections 15061(b)(1), 15061(b)(3), 15273, and 15378(b)(4).

RECOMMENDATION
Staff is recommending that the City Council adopt Resolution of the City Council of the City of Arvin, California, Establishing Cost Recovery Fee for the investigation, preparation, adoption, and amendments to Title 16 Subdivisions relating to Development Agreements, Title 17 Zoning relating Commercial Cannabis Activity and amendment, adoption of Chapter 8.29.05 Commercial Cannabis Activity and adoption of CEQA Exemption findings per CEQA Guidelines, sections 15061(b)(1), 15061(b)(3), 15273, and 15378(b)(4).

BACKGROUND
The City in the preparation of and adoption of Ordinance No. 447, Chapter 17.64 Commercial Cannabis Activities conducted research, investigation of state and federal laws, conducted community workshops, prepared public hearing notices, prepared reports for public hearings before the Planning Commission and City Council, prepared implementation programs, prepared application forms, etc. The City is amending Titles 16 Subdivisions, 17 Zoning, and Title 8 Health and Safety Code to simplify and streamline the review and approval process for Commercial Cannabis Activities. The city has limited Commercial Cannabis Activity to 1,350,000 square feet. In accordance with Chapter 3.32 Fee and Service Charge Revenue/Cost Comparison System, the City Manager is recommending the establishment of a cost recovery for the above amendments.

AUTHORITY
California State Law, Government Code, Section 66016 authorizes and establishes procedures for the establishment of and collection of fees for development projects in which to defray estimated costs for review and coordination of services provided and for development projects.

Government Code Section 54896 is the same procedure for adoption of other fees. The adoption of the attached resolution will establish fees to be collected where an applicant applies in accordance with Chapter 8.29.05 Commercial Cannabis Activities. The fee shall become effective after a 60-calendar day period after adoption of the resolution.

ENVIRONMENTAL REVIEW
The purpose of the hearing is to consider a resolution amending the City’s Schedule of Fees and Charges for City Services to update the amounts and calculations of existing fees and charges to ensure that they properly reflect and provide for recovery of the costs of the City services and regulatory functions for which the fees and charges are imposed (“Proposed Resolution”). Staff has performed a preliminary environmental assessment of this project and, pursuant to CEQA Guidelines, sections 15061(b)(1), 15061(b)(3), 15273, and 15378(b)(4), the adoption of the Proposed Resolution is exempt from CEQA for the following reasons:
• The Proposed Resolution relates to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by the City for the purpose of meeting the City’s operating expenses in that it seeks to update the various fees charged by the City for certain services and regulatory functions. The fees relating to the Proposed Resolution are for the purpose of defraying the costs borne by the City in providing certain services and conducting regulatory activities. • The Proposed Resolution will not have a significant effect or physical change to the environment, because it relates to the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to a specific project which may result in a potentially significant physical impact upon the environment.

EXHIBITS AND ATTACHMENTS
Resolution of the City Council of the City of Arvin, California, Establishing Cost Recovery Fee for the investigation, preparation, adoption, and amendment of Titles 2, 8, 16, and 17 relating to the processing of and administration of Commercial Cannabis Permits, and adoption of CEQA Exemption findings per CEQA Guidelines, sections 15061(b)(1), 15061(b)(3), 15273, and 15378(b)(4).

Reso Adopting Cost Recovery for Amendments to Titles 2, 8, 16, and 17_030822

Page 1 of 5 ends

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN,

CALIFORNIA, ESTABLISHING COST RECOVERY FEE FOR THE

INVESTIGATION, PREPARATION, ADOPTION, AND AMENDMENTS
TO TILES 2, 8, 16, AND 17 RELATING TO THE ADMINISTRATION OF

AND PROCESSING OF COMMERCIAL CANNABIS ACTIVITY,
AMENDMENT AND ADOPTION OF CHAPTER 8.29.05 COMMERCIAL

CANNABIS ACTIVITY AND ADOPTION OF CEQA EXEMPTION
FINDINGS PER CEQA GUIDELINES, SECTIONS 15061(B)(1),
15061(B)(3), 15273, AND 15378(B)(4).

WHEREAS, the City of Arvin has conducted an analysis of costs for the for the investigation, preparation, adoption, and amendments to Titles 2, 8, 16, and 17; and WHEREAS, the City is authorized to establish cost recovery fees relating to the preparation and adoption of ordinances and implementation programs; and WHEREAS, the City Council further desires to continue its established policy of recovering the full costs reasonably borne, as established by Chapter 3.32 Fee and Service Charge Revenue/Cost Comparison System, of providing special services and programs of a voluntary and limited nature, and regulatory services deemed necessary to protect the public health, safety or welfare, such that general taxes are not diverted from general services of a broad nature and thereby utilized to subsidize unfairly and inequitably such special services; and WHEREAS, the City Council further desires to recover the costs expended for the preparation and adoption of ordinances and implementation programs relating to Commercial Cannabis Activities; and
WHEREAS, City staff conducted an analysis of the required fees for cost recovery of the preparation of Commercial Cannabis Activities, attached hereto as Exhibit A; and WHEREAS, pursuant to Government Code Sections 66014, 66016, 66017, and 66018, the specific fees to be charged for certain regulations, services and products may be adopted by ordinance or by resolution, following notice and public hearing; and WHEREAS, notice of public hearing has been given pursuant to Government Code Section 6062a, oral and written presentations made and received, and the required public hearing, where the City Council accepted and considered oral and written testimony, was held on March 08, 2022; and
WHEREAS, the proposed fee, including the Fee Analysis, as is required by Government Code Section 66016 was made available at the City Clerk’s Office located at 200 Campus Drive and the Community Development Department located at 141 Plumtree Drive ten (10) days prior to the public hearing; and
Reso Adopting Cost Recovery for Amendments to Titles 2, 8, 16, and 17_030822

Page 2 of 5 ends

WHEREAS, the proposed fees and charges, including the Fee Analysis, was made available on the City’s web site ten (10) days prior to the public hearing for public review, and WHEREAS, the City Council now desires to adopt the Cost Recovery Fee for the Preparation of and amendments to ordinances implementing the processing, review, and monitoring of Commercial Cannabis Activities, attached hereto as Exhibit A.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARVIN
HEREBY RESOLVES AS FOLLOWS:

Section 1. The above recitals are true and correct, and incorporated herein by this reference.

Section 2. The City Council finds and determines that the adoption of the fee contemplated by this Resolution, constitute a project under the California Environmental Quality Act (“CEQA”). The City Council, based upon its own independent judgment and substantial evidence in the record of proceedings related to this project, has determined, pursuant to CEQA Guidelines, Sections 15061(b)(1), 15061(b)(3), 15273, and 15378(b)(4), finds that there is no possibility that the activity in question may have a significant effect on the environment and is, therefore, exempt from CEQA, for the following reasons:
a. The adoption of fees contemplated by this Resolution relates to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by the City for the purpose of meeting the City’s operating expenses in that it seeks to update and modify the City’s existing fees. The fees contemplated by this Resolution are for the purpose of defraying the costs borne by the City in providing certain services, conducting regulatory activities, and addressing impacts of development.
b. The adoption of these fees will not have a significant effect or physical change to the environment, because it relates to the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to a specific project which may result in a potentially significant physical impact upon the environment.

Based upon the forgoing, the proposed fees modification and update contemplated by this Resolution are not permitting new uses within the City and are merely providing further regulations by establishing fees for existing uses already permitted.

Section 3. Based upon the forgoing, presentations made by staff at the March 08, 2022, public hearing, oral and written testimony by interested parties at the March 08, 2022, public hearing, the City Council hereby approves and adopts the Cost Recovery Fee for the preparation of and amendments to ordinances implementing the processing, review, and monitoring of Commercial Cannabis Activities, attached hereto as Exhibit A.

Section 4. The City Council hereby authorizes the City Manager, or his or her designee(s), to adopt administrative procedures and regulations for the collection of the fees contemplated by this Resolution, provided that such administrative procedures and regulations are consistent with this Resolution and all applicable law.

Reso Adopting Cost Recovery for Amendments to Titles 2, 8, 16, and 17_030822

Page 3 of 5 ends

Section 5. The Collection of the Fee shall be at the time of submittal of a Commercial Cannabis Application, as shown on Exhibit A
Section 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Resolution or any part hereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this Resolution or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.

Section 7. The fees or charges established pursuant to this Resolution shall take effect 60 days following the adoption of this Resolution.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Arvin at its regular meeting thereof held on the 08th day of March 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

NATHON HODGES, City Attorney
I, ______________________________, City Clerk of the City Council of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

Reso Adopting Cost Recovery for Amendments to Titles 2, 8, 16, and 17_030822

Page 4 of 5 ends

EXHIBIT A
COST RECOVERY FEE – COMMERCAIL CANNABIS ACITVITY ORDINANCE AMENDMENTS TO TITLE 16 SUBDIVISIONS AND TITLE 17 ZONING, AND ADOPTION OF CHAPTER 8.29.05 COMMERCIAL CANNABIS ACTIVITIES Cost Estimate $82,500.00 :/: 1,350,000 square feet the cost recover is $0.061 per square foot of building area for commercial cannabis activity permitted and associated uses. Each Commercial Cannabis Permit is to be charged $0.061 per square foot of permitted use, based upon gross square footage of all structures. The fee shall be calculated by Staff and the calculated amount shall be paid at the time of the application.

COMMERCIAL CANNABIS ACTIVITY JUSTIFICATION
The City in the preparation, amendment and adoption Commercial Cannabis ordinances conducted research, investigation of state and federal laws, prepared public hearing notices, prepared reports for public hearings before the Planning Commission and City Council, prepared implementation programs, prepared application forms, etc.. In accordance with Chapter 3.32 Fee and Service Charge Revenue/Cost Comparison System, the City Manager is recommending the establishment of a cost recovery for the preparation and implementation of Commercial Cannabis Activities.

The City of Arvin new and changing regulations require the City of Arvin to update its city codes to reflect the state of California regulations and local processing. Previous changes in state law and amendments to local codes caused the city’s ordinances to be updated to respond to the states Cannabis legislation which became effective January 1, 2018, and local code amendments.

The City Council previously engaged special counsel to investigate and prepare legislation that would be established prior to the end of 2017. An ordinance was adopted and was amended in 2018, in response to various community and special workshops with the cannabis industry. In June 2018, the City Council adopted Ordinance No. 447 – Chapter 17.64 Commercial Cannabis Activities. The current code amendments are intended to streamline the processing of and lessen Staff implementation and monitoring. Staff has prepared implementing procedures, prepared applications, and reproduced various regulations for public review and distribution. Since the adoption of the ordinances, the City of Arvin has amended Title 2, Title 8 Health and Safety Code, Title 16 Subdivisions, and Title 17 Zoning codes to simplify the processing of and administration of Commercial Cannabis Activities.

Code amendments to Title 2, Title 8, Title 16, and Title 17 requires public hearings before the Planning Commission and/or City Council, where applicable. Public hearing notices are required, staff research and reports are prepared, City Attorney is required to review new ordinances prior to presentation to the Planning Commission and/or City Council hearings, where applicable. City Clerk advertises and maintains files for public review. The final step in the process is the codification of the new ordinances in the Municipal Code and incorporating the ordinances in the City’s electronic file systems for the City’s web page.

The Commercial Cannabis Activity code amendments is estimated at a cost to the City of approximately $82,500.00. Note: Previous Cost Recovery Fee was based upon $60,000.00. The 2022 code amendments, amending Titles, 2, 8, 16, and Title 17 is estimated at $22,500.00. The total expenditure relating to Commercial Cannabis processing and implementation is 82,500.00.

General Process and Cost Estimates for a Code Amendment:

1. New state law – Staff Research and Understanding of the Requirements:

Reso Adopting Cost Recovery for Amendments to Titles 2, 8, 16, and 17_030822

Page 5 of 5 ends

2. Preparation of Staff Reports:

3. Preparation of Public Hearing Notices and Scheduling: Preparation of Planning Commission/City Council Agendas:

4. Attendance at Planning Commission/City Council Hearing:

5. Planning Commission/City Council City Clerk follow-up

6. Prepare for Ordinance to be codified:

7. Prepare Ordinance to be placed on the City’s Web Page:

8. Amendments to Titles 2, 8, 16, and 17 and codification.

Based upon the above analysis, each Commercial Cannabis permit and associated activity shall pay $0.061 per square foot of building area. The fee shall be calculated by Staff and the calculated amount shall be paid at the time of the application submittal.

Public Hearing Notice – Cost Recovery Fee Adoption

Page 1 of 2 ends

NOTICE OF PUBLIC HEARING
City of Arvin
Notice is hereby given that the City Council of the City of Arvin, California, will conduct a public hearing, at which time the public may be present and heard, to consider the following:
• A Resolution of the City Council of the City of Arvin, California, Amending Cost Recovery Fee related to those portions of Title 16 Subdivisions and Title 17 Zoning concerning Commercial Cannabis Activity; amendment and adoption of Chapter 8.29.05 Commercial Cannabis Activity; and adoption of CEQA Exemption findings per CEQA Guidelines.

The purpose of the hearing is to consider a resolution adopting a cost recovery fee relating to adoption of the ordinances, and the permitting and administration of commercial cannabis activities within the City. Staff has performed a preliminary environmental assessment of this project and, pursuant to CEQA Guidelines 15061(b)(1), 15061(b)(3), 15273, and 15378(b)(4), adoption of the Proposed Resolution does not constitute a project under or is exempt from CEQA because:
• The Resolution relates to establishing, modifying, structuring, restructuring, or approving rates, tolls, fares, or other charges to meet the City’s operating expenses related to certain services and functions. The proposed fees are meant to defraying the City’s costs in providing certain services and conducting regulatory activities. • The Proposed Resolution will not have a significant effect or physical change to the environment because it relates to the creation funding mechanisms/fiscal activities which do not involve any project that may cause significant impact upon the environment.

Additional information or copies of the proposed resolution may be obtained from the City Clerk’s office at Arvin City Hall, 200 Campus Drive, Arvin, Ca, 93203, or the City’s website at www.arvin.org. All persons interested in this topic who would like to provide feedback or ask questions are invited to attend. Written comments may be submitted to the City until 4:00 p.m. on March 8, 2022 at City of Arvin, Attn: City Clerk, 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, [email protected].

If you challenge the nature of the proposed action in court, you may be limited to those issues you or someone else raised at the Public Hearing(s) described in this notice, or in written correspondence delivered to the City at, or prior to, the Public Hearing (Govt. Code Sec. 65009).

Arvin City Council Hearing Information
Date: March 08, 2022
Time: 6:00 PM or as the Agenda permits
Place: City of Arvin Council Chambers
200 Campus Drive, Arvin, CA 93203
Public Hearing Notice – Cost Recovery Fee Adoption

Page 2 of 2 ends

Cecilia Vela, City Clerk
Published: February 22, 2022, Bakersfield California
Published: February 28, 2022, Bakersfield California

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NOTICE OF EXEMPTION
Filing of Notice of Exemption
in Compliance with Section 15062 of the
California Environmental Quality Act.

NOTE: Place in project file until approved – then
file with Kern County Clerk

AFFIDAVIT OF FILING AND POSTING
Court Records Supervisor Office of the County
Clerk
I declare that I received and posted this notice on the filing date as required by California Public Resources Code Section 21152(c). Said Notice will remain posted for 30 days for the filling date.

TO: COUNTY CLERK
County of Kern,
1115 Truxtun Ave. 1st Floor,
Bakersfield, CA 93301
FROM: City of Arvin
City Clerk, P.O. Box 548
200 Campus Drive, Arvin, CA 93203
661-854-3134 Office , 661-854-0817 Fax
Project title: Establishing Cost Recovery Fee for the investigation, preparation, adoption, and amendments to Titles 2, 8, 16, and 17 relating to the administration and implementation of Commercial Cannabis Activity
Project location: City of Arvin – Cost Recovery Fees, Arvin, CA 93203 Assessor Parcel Number(s): N/A Description of nature, purpose, and beneficiaries of project: Continued implementation of established policy of recovering the full costs reasonably borne, as established by Chapter 3.32 Fee and Service Charge Revenue/Cost Comparison System, for providing special services and programs of a voluntary and limited nature, and regulatory services deemed necessary to protect the public health, safety or welfare, such that general taxes are not diverted from general services of a broad nature and thereby utilized to subsidize unfairly and inequitably such special services.

Name of public agency approving
project:

City of Arvin, CA – City Council
Name and person or
agency carrying out
the project
City Council, City of Arvin
Exempt status: CEQA Guidelines, General Rule Exemption sections 15061(b)(1), 15061(b)(3), and Section 15273, and Section 15378(b)(4).

Reasons why project is exempt: Amending the City’s Schedule of Fees and Charges for City Services, for the review of, processing of, and administration of Commercial Cannabis Activities is needed to reflect the City’s full costs and that the proposed fees and calculations of existing fees and charges need to be updated to ensure that the fees properly reflect and provide for recovery of the costs of the City services and regulatory functions for which the fees and charges are imposed.

The proposed fees relate to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by the City for the purpose of meeting the City’s operating expenses in that it seeks to update the various fees charged by the City for certain services and regulatory functions. The fees relating to the Commercial Cannabis Activities are for the purpose of defraying the costs borne by the city in providing certain services and conducting regulatory activities. The adoption of the fees will not have a significant effect or physical change to the environment, because it relates to the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to a specific project which may result in a potentially significant physical impact upon the environment.

The project is also not located next to any scenic highway or resources, nor is located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Finally, there are no structures on the site that could qualify as historical resources. No structures are proposed to be demolished, nor would the project have a significant adverse impact on a historic resource.

For all the foregoing, including evidence in the administrative record, the City Council of the City of Arvin adopts General Rule Exemption sections 15061(b)(1), 15061(b)(3), and Section 15273, and Section 15378(b)(4).

Contact person: Jake Raper, Planning Division, 141 Plumtree Drive, Arvin, CA 93203 Signature/Title/ Date:
________________________ /___________
Record available to General Public: This is to certify that the environmental document and record of project approval is available to the General Public at City of Arvin, City Clerk’s Office, 200 Campus Drive, Arvin, California, 93203. This Notice of Exemption and its supporting documents may be reviewed/obtained during normal working hours at the above address. The filing of a Notice of Exemption and the posting on the list of notices start a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. Refer to Section 15061(d) for filing instructions.

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Staff Report – Ord Amending Title 2, Chptr 2.24, Section 2.24.030 PC Duties & Chptr 8.29 Marijuana of Title 8 H&S by Amending Section 8.29.05 Commercial Cannabis Activity.

CITY OF ARVIN

CITY COUNCIL
Agenda Report
Meeting Date: March 08, 2022
TO: City Council
FROM: Jeffrey Jones, Interim City Manager
SUBJECT: An Ordinance of the City Council of the City of Arvin Amending Title 2, Chapter 2.24, Section 2.24.030 Planning Commission Duties and Chapter 8.29 Marijuana of Title 8 Health and Safety by Amending Section 8.29.05 Commercial Cannabis Activity.

Recommendation:

Staff recommends the City Council consider introducing an Ordinance of the City Council of the City of Arvin amending amend Title 2 Administration and Personnel, Section 2.24.030 Duties of Planning Commission and Chapter 8.29 Marijuana by amending Section 8.29.05 Commercial Cannabis Activity to the Arvin Municipal Code establishing Commercial Cannabis Activity and open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.

Background:

The City Council adopted Ordinance No. 477 on June 19, 2018, adding Chapter 17.64 Commercial Cannabis Activity. With the adoption of and implementation the Commercial Cannabis Activity ordinance, the City has received and processed five (5) applications, only one commercial cannabis is operational. The City has, as of this report, three (3) pending applications for Commercial Cannabis Permits which requires the processing of a Conditional Use Permit, Site Development Plan, and Development Agreements, prior to the City Manager acting upon a Commercial Cannabis Business permit. The review and hearing process, based upon the current ordinances and process, is approximately 120 to 210 days or three (3) to seven (7) months.

The administration and implementation of the projects adds additional staff time and applicants time for the coordination and clearance of the conditions prior to an issuance of a Commercial Cannabis Permit being issued by the City Manager. The proposed amendments to Title 2 and Title 8 will streamline applications. The proposed modifications and amendments do not lessen the criteria and standards that were previously established.

Discussion:

The amendments will allow a reduction in time for processing of a Commercial Cannabis Permits and will reduce staff administration time, will reduce the current public hearing processes, will allow commercial cannabis businesses to obtain entitlements and clearances more efficiently (like the processing of more traditional commercial business development). The amendments will not

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Staff Report – Ord Amending Title 2, Chptr 2.24, Section 2.24.030 PC Duties & Chptr 8.29 Marijuana of Title 8 H&S by Amending Section 8.29.05 Commercial Cannabis Activity.
eliminate the safeguards nor reduce operational standards required by State Law, current ordinances, or proposed ordinance amendments.

The proposed code amendments will provide a more efficient processes:

1. Amendment to Title 2 Administration and Personnel, Chapter 2.24 Planning Commission, Section 2.24.030 Duties of the Planning Commission by clarifying that the planning commission shall exercise all duties established by the laws of the state relating to city planning commissions, with the exception of those duties that have been expressly withheld from the planning commission in the City of Arvin's Municipal Code and such additional duties as may be prescribed by the city council.

2. Amendment to Title 8 Health and Safety this will place all Marijuana and Commercial Cannabis activity under one title of the municipal code which simplifies the administration by City Staff and by the public. Below highlights the new requirements and time savings and administration of and processing of Commercial Cannabis Business permits. a. Conditional Use Permits would no longer be required. Commercial Cannabis Activity will be permitted by right in the current zone districts, industrial and agricultural, which permit commercial cannabis activity. Other applicable zoning criteria will continue to apply, similar to existing residential, commercial, and industrial developments occurring in the city (time savings 45 to 120 days and eliminates the CEQA compliance review)
b. Section 8.29.05.09 requires compliance with State Law in that all employees obtain and retain an Employee Badge from their employer. The background check for employees is not required.
c. Section 8.29.05.06.c.5 authorizes the City Manager to issue a Conditional Commercial Cannabis Permit under certain circumstances and permits the Building Official to issue Temporary Occupancy Permits, in coordination with the Fire Agency, where no health and safety factors exist.
d. Section 8.29.05.110.b clarifies that the locational criteria separation of sensitive uses from Commercial Cannabis Activity is to be measured from the exterior of the building(s) not the property line, the applicant is to provide a locational map and certify compliance with the separation.
e. Section 8.29.05.110.d clarifies that the locational criteria separation of residential uses from Commercial Cannabis Activity is to be measured from the exterior of the building(s) not the property line, the applicant is to provide a locational map and certify compliance with the separation. The City Manager based upon review may permit a Commercial Cannabis Permit to be issued where specific findings are made. f. Section 8.29.05.180.b reduces the insurance requirements from $2,000,000.00 to $1,000,000 per occurrence.

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Staff Report – Ord Amending Title 2, Chptr 2.24, Section 2.24.030 PC Duties & Chptr 8.29 Marijuana of Title 8 H&S by Amending Section 8.29.05 Commercial Cannabis Activity.
g. Section 8.29.05.200 Development Agreements, amends subsection d Modifications and Extensions by adding d.3 Minor Modifications approved by City Manager which includes Assumption Agreements.
h. Section 8.29.05.230 clarifies that the City Manager may approve a transfer of a Commercial Cannabis Permit subject to specific submittals and clearances. i. Section 8.29.05.240 General Operations clarifies the use of cargo containers, sea train containers, or other temporary structures.
j. Section 8.29.05.290.b allows, with City Manager approval, a cannabis permit to be issued in a space less than 2,000 square feet when in conjunction with another cannabis activity in a building 2,000 square feet or larger.

The code amendment(s) will continue to retain the definitions, enforcement, violations, insurance coverage limits, application review and approval procedures, and limits to all volatile and nonvolatile chemicals utilized in the testing and/or manufacturing process. In addition, all other commercial cannabis activity, including but not limited to cultivation, delivery, and dispensing, not specifically allowed by the Ordinance shall be prohibited. Personal cannabis activity, both recreational and medical, shall remain governed by the requirements of Chapter 8.29 of Title 8 of the Arvin Municipal Code.

Title 8, Chapter 8.29, Section 8.29.05 will continue to limit Commercial Cannabis Activity to the following:
• The definition of Commercial Cannabis in the City – includes both medical and recreational cannabis in accordance with state law.
• Type 2A: Indoor cultivation with all artificial light from 0 to 10,000 square feet of plant canopy
• Type 3A: Indoor cultivation with all artificial light from 10,001 to 22,000 square feet of plant canopy
• Type 2B: Indoor cultivation with all artificial light from 0 to 10,000 square feet of plant canopy
• Type 3B: Indoor cultivation with all artificial light from 10,001 to 22,000 square feet of plant canopy
• Type 4: Nurseries (the City anticipates limiting this use to a maximum 25,000 sf of plant growth area).
• Type 6: Manufacturing (Level 1) Non-Volatile Solvents • Type 7: Manufacturing (Level 2) Volatile Solvents
• Type 8: Testing
• Type 11: Distribution
• Type 12 Microbusiness
• Clarified prohibition of retail deliveries and dispensing, with exceptions. • Permit renewal requirements

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Staff Report – Ord Amending Title 2, Chptr 2.24, Section 2.24.030 PC Duties & Chptr 8.29 Marijuana of Title 8 H&S by Amending Section 8.29.05 Commercial Cannabis Activity.
• Edibles
• Minimum age for employees and site access now 21
• Limitations regarding Testing Permits
• Greenhouse Cultivation
Fiscal Impact:

There were consultant staff costs involved in preparation of the Ordinances. A separate fee and cost recovery for the ordinance preparation is being processed and is anticipated to be full cost recovery for the preparation and adoption of the proposed ordinance amendments. The overall impact of the Ordinance is anticipated to have a positive financial impact by encouraging more manufacturing and cultivation activities. In addition, proposed Section 8.29.05.290(c) will require the forward payment of $25,000.00 per quarter for each Commercial Cannabis permit issued by the City Manager. This payment is to be credited against the future Commercial Cannabis Tax as established by Tile III, Chapter 3.19 Commercial Cannabis Tax. In addition, in as much as the City has limited the total Commercial Cannabis square footage and limited the Type 12 Microbusiness, the failure to implement and operate an approved Commercial Cannabis permit within two (2) years the forward payment will not be entitled to a refund.

Attachments:
1) An Ordinance of The City Council of The City of Arvin Amending Title 2, Chapter 2.24, Section 2.24.030 Planning Commission Duties and Chapter 8.29 Marijuana of Title 8 Health and Safety by Amending Section 8.29.05 Commercial Cannabis Activity.

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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
AMENDING TITLE 2, CHAPTER 2.24, SECTION 2.24.030 PLANNING COMMISSION DUTIES AND CHAPTER 8.29 MARIJUANA OF TITLE 8 HEALTH AND SAFETY BY AMENDING SECTION 8.29.05
COMMERCIAL CANNABIS ACTIVITY.

WHEREAS, the City of Arvin ("the City") has the authority under Article XI, Section 7 of the California Constitution, to enact regulations for the public peace, morals, and welfare of the City; and
WHEREAS, in 1996, with the adoption of Proposition 215, the California voters approved the Compassionate Use Act (Health and Safety Code § 11362.5) to ensure that seriously ill Californians have the right to obtain and use cannabis for medical purposes where that medical use is deemed appropriate and has been recommended by a physician, without fear of criminal prosecution under limited, specified circumstances; and WHEREAS, in 2004, the State Legislature enacted SB 420, the Medical Marijuana Program Act (Health and Safety Code § 11362.7 et seq.), clarifying the scope of the Compassionate Use Act, providing additional statutory guidance regarding medical cannabis use, and allowing cities and counties to adopt supplemental rules and regulations; and WHEREAS, on October 9, 2015, the Governor signed the Medical Marijuana Regulation and Safety Act ("MMRSA"), comprised of California legislative bills AB 243, AB 266, and SB 643, creating a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medicinal marijuana, all subject to local control; and
WHEREAS, on June 27, 2016, the Governor signed SB 837, changing the title of MMRSA to the Medical Cannabis Regulation and Safety Act ("MCRSA"), changing the terminology therein from "medical marijuana" or "marijuana" to "medical cannabis" or "cannabis," and making other technical changes thereto. SB 837 also adopted regulations relating to the use and diversion of water in connection with the cultivation of cannabis; and WHEREAS, at the November 8, 2016, general election, the California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA"), establishing a comprehensive regulatory and licensing scheme for commercial recreational (adultuse) cannabis operations, and legalizing limited personal adult-use cannabis use, possession, and cultivation; and
WHEREAS, on June 27, 2017, Governor Brown signed Senate Bill 94, the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), which merged the regulatory regimes of MCRSA and AUMA; and
WHEREAS, MAUCRSA, at Business & Professions Code §26050, establishes 20

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different types of state licenses, including permit types pertaining to cannabis cultivation, manufacturing, testing, retailing, and distribution, which medicinal and adult-use cannabis businesses must obtain, depending on the nature of the cannabis business, in order to operate legally in the State; and
WHEREAS, MAUCRSA, at Business & Professions Code §26200(a)(1), provides that local jurisdictions may adopt and enforce local ordinances to regulate or prohibit any or all types of medicinal and adult-use business operations licensed by the state under Business & Professions Code §26050, including, but not limited to, by imposing local zoning and land use requirements; and
WHEREAS, MAUCRSA, at Business & Professions Code §26055(d), provides that a State commercial cannabis license may not be issued to an applicant whose operations would violate the provisions of any local ordinance or regulation; and WHEREAS, MAUCRSA, at Business & Professions Code §26201, provides that any standards, requirements, and regulations regarding health and safety, environmental protection, testing, security, food safety, and worker protections established by the state for the various types of medicinal and adult-use commercial cannabis operations licensed by the state under Business & Professions Code §26050 shall be the minimum standards, and that a local jurisdiction may establish additional or more stringent standards, requirements, and regulations; and WHEREAS, pursuant to MAUCRSA, the California Bureau of Cannabis Control ("BCC"), Department of Food and Agriculture ("CDFA"), and Department of Public Health ("CDPH") adopted emergency regulations which establish additional State license types and specify the process and requirements for obtaining state licenses to engage in all types of commercial medicinal and adult-use cannabis activities in the State of California ("Regulations"); and
WHEREAS, the Regulations were approved by the State Office of Administrative Law on December 7, 2017; and
WHEREAS, the BCC is now accepting applications for temporary and annual state licenses for commercial cannabis retailers, distributors, microbusinesses, testing laboratories, and cannabis events; and
WHEREAS, the CDPH is now accepting applications for temporary and annual state licenses for commercial cannabis manufacturers; and
WHEREAS, the CDFA is now accepting applications for temporary and annual state licenses for commercial cannabis cultivators, nurseries and processors; and WHEREAS, several California cities have reported negative impacts of cannabis cultivation and related activities, including but not limited to offensive odors, criminal activity, (such as trespassing, theft, violent robberies and robbery attempts, and the illegal sale and distribution of cannabis), and public health and safety concerns (such as fire hazards and problems associated with mold, fungus, and pests); and

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WHEREAS, cannabis plants, as they begin to flower and for a period of two months or more, produce a strong odor, offensive to many people, and detectable far beyond property boundaries if grown outdoors or if grown indoors without proper ventilation, odor control, and other regulations; and
WHEREAS, due to the value of cannabis plants and their strong smell (which alerts others to their locations), cannabis cultivation has been linked to break-ins, robbery, armed robbery, theft and attendant violence and injury, creating an increased risk to public safety; and WHEREAS, unregulated cannabis cultivation can be harmful to the welfare of the surrounding community and its residents and can constitute a public nuisance, in that cannabis cultivation has been shown to involve avoidance of environmental laws and regulations, and has resulted in the pollution of waters and navigable waterways in the State of California; and WHEREAS, unregulated indoor cultivation of cannabis has potential adverse effects on the structural integrity of the buildings in which cannabis is cultivated, and the use of high wattage grow lights and excessive use of electricity in such buildings increases the risk of fire, which presents a risk of property damage to the building and neighboring buildings, and endangers the building's occupants and nearby residents; and
WHEREAS, unregulated indoor cultivation of cannabis can also be harmful to the public health, safety and welfare in that electrical modifications risk fires, poor irrigation can cause mold, overloaded circuits can leave entire neighborhoods in the dark, plant chemicals can cause illness, improper carbon dioxide mixed with insufficient ventilation can cause injury or death, and structural changes put first responders in danger if they rush into the unknown; and WHEREAS, the Attorney General's August 2008 Guidelines for the Security and NonDiversion of Marijuana Grown for Medical Use recognize that the cultivation or other concentration of cannabis in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering and/or crime; and
WHEREAS, there are numerous well publicized studies and reports, as well as numerous documented incidents in Kern County and throughout the State, which show that unregulated cannabis activities have a significant adverse effect on the community; and WHEREAS, in the absence of a formal regulatory framework, the adverse impacts frequently associated with commercial cannabis activities will occur, resulting in a potentially significant negative impact upon the environment and upon public health, safety, and welfare of the community; and
WHEREAS, outdoor cannabis cultivation and unregulated indoor cannabis cultivation are likely to result in these negative effects on the public health, safety, and welfare in the City, as reflected by the experiences of other cities; and
WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in preserving the peace and quiet of the neighborhoods within the City by regulating commercial cannabis activities; and

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WHEREAS, based on the foregoing and pursuant to the above-described express statutory authority and its police power, the City desires to explicitly prohibit certain cannabis activities, including storefront sales and outdoor cultivation (for both medicinal and adult-use), and to enact reasonable regulations for other commercial cannabis activities in order to protect and promote public health, safety and welfare; and
WHEREAS, under U.S. Supreme Court precedent, government agencies generally may conduct regulatory inspections of "closely regulated" businesses without reasonable suspicion that the business subject to inspection has violated a statute or regulation, provided that the governmental agency conducting the inspection has "special needs," beyond its ordinary interest in enforcement of criminal statutes, to conduct inspections, the regulations in the particular area could not be enforced if public officials could conduct inspections only when they have a reasonable suspicion that a violation has occurred, the businesses subjected to inspection are engaged in a particular category of activity that reduces the reasonable expectation of privacy of those engaged in such activities in relation to the inspections at issue, and the discretion of inspecting officials is reasonably constrained by the authorizing statue (People v. Maikhio, 51 Ca1.4th 1074, 1091-92 (2011)); and
WHEREAS, commercial cannabis businesses cultivate, manufacture, dispense, distribute, test, or engage in other business activities relating to a historically criminalized substance which is often used for medical purposes, which can cause health and safety issues for those consuming it, which can be unsafe if improperly cultivated, manufactured or handled, and which is subject to illegal diversion, and as a result, state and local government agencies, including the City, have a strong governmental interest in regulating such businesses; and WHEREAS, businesses engaged in commercial cannabis activities constitute "closely regulated" businesses which have a reduced reasonable expectation of privacy due to the strong governmental interest in regulating such activities to protect against the potential risks to public health and safety relating to such activities, and therefore the probable cause and warrant requirements ordinarily required for law enforcement searches are relaxed as to such businesses; and
WHEREAS, the City has a special need, beyond its ordinary interest in enforcement of criminal statutes, to conduct regulatory inspections of commercial cannabis businesses due to the unique threats to public health, safety and welfare posed by such businesses, including but not limited to risks of fire and explosion resulting from improper cultivation, manufacturing or other processes used by such businesses, and the increased risk of crime, in the absence of proper security measures, resulting from the presence of valuable property on the premises of such businesses; and
WHEREAS, the regulations imposed by this Ordinance could not be effectively enforced if the City's officials could conduct inspections only when they have a reasonable suspicion that a violation has occurred, because often the threats to public health, safety and welfare arising from a commercial cannabis business will not be apparent from the outside, and any prior notice requirements associated with such inspections would allow such businesses to temporarily conceal or remove the conditions that give rise to such threats for purposes of passing the inspection, only to allow such conditions to return thereafter; and

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WHEREAS, based on the foregoing, the City Council intends to authorize reasonable Suspicion less inspections of commercial cannabis business in the City by local officials as necessary to enforce this Ordinance and thereby safeguard public health, safety and welfare, and to impose reasonable constraints on the discretion of such inspecting officials by limiting their inspection authority to confirming compliance with this Ordinance and the applicable laws and regulations referenced herein; and
WHEREAS, in 2010, the City adopted Sections 17.02.435 and 17.07.01 of Title 17 of the Arvin Municipal Code pertaining to Medical Marijuana Dispensaries, placing a complete ban on dispensaries in the City based upon various health, safety and welfare and land use findings relating to marijuana cultivation, dispensing, and consumption; and WHEREAS, on November 21, 2017, the City Council adopted Ordinance No. 443, which added Chapter 8.29 "Commercial Cannabis Activity" to Title 17 of the Arvin Municipal Code, and which repealed Sections 17.02.435 and 17.07.01 of Title 17 of the Arvin Municipal Code pertaining to Medical Marijuana Dispensaries; and
WHEREAS, the Arvin Municipal Code already contained a Chapter 8.29 ("Sign Regulations [Private Property]") prior to adoption of Ordinance No. 443, and said chapter remains in full force and effect;
WHEREAS, the City Council now sees fit to renumber and relocate the duplicative Chapter 8.29 "Commercial Cannabis Activity" to Chapter 8.29 of the Arvin Municipal Code, and to amend and supplement the regulations imposed by said chapter on commercial cannabis businesses and applicants in the City; and
WHEREAS, nothing in this Ordinance shall be construed to: (1) allow any person to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity relating to the cultivation, manufacturing, testing, distribution, or consumption of cannabis which is illegal under state or federal law; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.

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

SECTION 1. The above recitals are true and correct and are incorporated herein.

SECTION 2. The City Council finds and determines that the Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment, as this Ordinance merely amends the Arvin Municipal Code to establish new and amended procedures and requirements for the permitting and regulation of certain commercial cannabis activities, the environmental impacts of which will be assessed on a use-specific basis. (CEQA Guidelines § 15061(b)(3)). Furthermore, the City Council finds and determines the Ordinance would also be subject to Categorical Exemptions under CEQA Guidelines sections 15307 and 15308, as it consists of regulations and restrictions on activities to assure the maintenance, restoration, or

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enhancement of natural resources and the environment by prohibiting environmentally destructive components of unregulated cannabis cultivation. (CEQA Guidelines §§ 15307 and 15308.) Finally, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this Ordinance. Therefore, the City Council also adopts Categorical Exemptions for this Ordinance, pursuant to CEQA Guidelines sections 15307 and 15308.

SECTION 3. Chapter 8.29 Marijuana of the Arvin Municipal Code, entitled "Marijuana” Section 8.29.05 Commercial Cannabis Activity," as added to the Arvin Municipal Code by City Ordinance No. XXX, and is amended to read in its entirety as follows:

Chapter 8.29 MARIJUANA
SECTION 8.29.05 COMMERCIAL CANNABIS ACTIVITY
Section 8.29.05.01 - Purpose and Intent.
(a) It is the purpose and intent of this Chapter to adopt local prohibitions and regulations applicable to commercial cannabis activity as may be permitted by the Medicinal and AdultUse Cannabis Regulation and Safety Act and other applicable State law, as amended, pertaining to regulation of commercial cannabis and the use of land, in order to protect the City's neighborhoods, residents, and businesses from negative impacts. It is a further purpose and intent of this Chapter to regulate the cultivation, manufacturing and testing of cannabis and cannabis products in a manner which is responsible and which protects the health, safety, and welfare of the residents of the City, and to enforce rules and regulations consistent with applicable state law including, but not limited to, the Medicinal and Adult-Use Cannabis Regulation and Safety Act, the Adult Use of Marijuana Act, the Compassionate Use Act of 1996, and the Medical Marijuana Program Act. In furtherance of these objectives, this Chapter imposes an annual regulatory permit requirement, a conditional use permit requirement, employee work permit requirements, and operating requirements applicable to persons who seek to own, operate, or engage in commercial cannabis businesses within the City as authorized under this Chapter or the Arvin Municipal Code. Nothing in this Chapter is intended to authorize any activity which is in violation of state or federal law. The provisions of this Chapter are in addition to the business license requirements applicable to business conducted in the City, and to all other applicable requirements of the Arvin Municipal Code. (b) Pursuant to Section 7 of Article XI of the California Constitution, the City is authorized to adopt ordinances that establish standards, requirements, and regulations for local licenses and permits for commercial cannabis activity. Any standards, requirements, and regulations regarding commercial cannabis activity, including health and safety, testing, laboratory operations and safety, security, and worker protections established by the State, or any of its agencies, departments, or divisions, shall be the minimum standards applicable in the City, and the provisions of this ordinance shall apply in addition thereto.

Section 8.29.05.02 - Definitions.

When used in this Chapter, the following terms shall have the meanings ascribed to them in this Section. Any reference to California statutes includes any regulations promulgated thereunder and

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is deemed to include any successor or amended version of the referenced statute or regulatory provision.
(a) "Building Official" means the Building Official for the City or his/her designee. (b) "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. (c) (c) "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" also does not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. For the purpose of this Chapter, "Cannabis" does not mean industrial hemp as that term is defined by Section 11018.5 of the California Health and Safety Code.
(c) "Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this Chapter.

A cannabis concentrate is not considered food, as defined by Section 109935 of the Health & Safety Code, or a drug, as defined by Section 109925 of the Health & Safety Code. (d) "Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
(e) "Chief of Police" means the Chief of Police for the Arvin Police Department or his/her designee.
(f) "City Manager" means the City Manager for the City or his/her designee. (g) "Commercial cannabis activity" or "commercial cannabis business" includes cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale (including retail and wholesale) of cannabis or cannabis products conducted or engaged in by any person, except cultivation and possession of cannabis for personal use as governed by Arvin Municipal Code Chapter 8.29, Section

8.29.05 and/or as preempted by State law.
(h) "Commercial cannabis permit" means a permit issued by the City pursuant to this Chapter to a commercial cannabis business.
(i) "Cultivation" means any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

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(j) "Cultivation site" means a facility where cannabis is propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or where all or any combination of those activities occur. (k) "Day care center" means, as the term is understood in Business & Professions Code Section 26001(o), as may be amended, any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age childcare centers.
(l) “Delivery" means the commercial transfer of cannabis or cannabis products to a customer at the customer's home or other location remote from the premises of the commercial cannabis business making the delivery and includes the use by a retailer of any technology platform. "Delivery" does not mean or include storefront sales.
(m) "Distribution" means the procurement, sale and transport of cannabis and cannabis products between licensees.
(n) "Distributor" means a licensee engaged in distribution. (o) "Edible cannabis product" means a cannabis product that is intended to be used, in whole or in part, for human consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code.
(p) Employee – See (ee) Responsible Person.
(q) "Fire Chief" means the Fire Chief for the City as designated by the Kern County Fire Department, or his or her designee.
(r) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996. (s) "Labeling" means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product. (t) "License" or "State License" means a license issued by the State of California, or one of its departments or divisions, pursuant to Division 10 of the California Business & Professions Code. "Licensee" means a person holding a State License. (u) "Live plants" means living cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones), and vegetative stage plants. (v) "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
(w) "Manufacturer" means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis at a fixed location that packages

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or repackages cannabis or cannabis products or labels or relabels its container; "Manufacturer" includes the activity of manufacturing.
(x) "Manufacturer 1" means a licensee that manufactures cannabis products using nonvolatile solvents, or no solvents.
(y) "Manufacturer 2" means a licensee that manufactures cannabis products using volatile solvents.
(z) "Nursery" means a licensee that produces only cannabis clones, immature cannabis plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
(aa) "Owner" means any person who has an ownership interest in a commercial cannabis business. (bb) "Package" means any container or receptacle used for holding cannabis or cannabis products. (cc) "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, nonprofit organization, or any other group or combination acting as a unit and includes the plural as well as the singular.
(dd) "Premises" means the designated structure or structures and the surrounding land that is owned, leased or otherwise held under the control of a commercial cannabis permit applicant or permittee where commercial cannabis activity will be or is conducted. This definition does not alter the meaning of the term "Premises" as utilized by the State of California for commercial cannabis licensing.
(ee) "Responsible person" means any person who is responsible for, or who will oversee or participate in, the direction, control, management, or supervision of a commercial cannabis business.
(ff) "Retailer" means a person who engages in the retail sale of cannabis or cannabis products to customers.
(gg) "Sell," "sale" and "to sell" include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting and receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
(hh) "School" means, as the term is understood in Business & Professions Code Section 26054(b), as may be amended, a place of instruction in kindergarten or any grades 1 through 12.

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(ii) "State" means the State of California and all of its departments, divisions and agencies, including but not limited to the Bureau of Cannabis Control, the Department of Public Health, and the Department of Food and Agriculture.
(jj) "Stacking" means cultivating cannabis plants on platforms or tables and stacking them in multiple layers on top of each other.
(kk) "Storefront sales" means the retail sale of cannabis or cannabis products directly to customers from a storefront, dispensary, or other permanent building or structure, or in any manner that does not constitute delivery. "Storefront sales" does not include delivery (ll) "Testing Laboratory" means a laboratory, facility or entity that offers or performs tests of cannabis or cannabis products and that is both: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity; and (2) a State licensee.
(mm) "Topical cannabis" means a cannabis product intended for external application. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.
(nn) “Volatile solvent" means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. (oo) "Youth center" means, as the term is understood in Business & Professions Code Section 26001(av), as may be amended, any public or private facility that is primarily used to host recreational or social activities for minors, including but not limited to private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

Section 8.29.05.03 - Applicability to Personal Cannabis Activity.

This Chapter applies only to commercial cannabis activities. Except as otherwise provided by this Chapter, cultivation of cannabis for personal use is governed by Section 8.29.03 of the Arvin Municipal Code, as may be amended from time to time, and consumption of cannabis is governed by Section 8.29.06 of the Arvin Municipal Code, as may be amended from time to time. To the extent any provision of Chapter 8.29 of the Arvin Municipal Code conflicts with this Chapter, this Chapter shall govern.

Section 8.29.05.04 - Permitted Types of Commercial Cannabis Businesses (a) Commercial cannabis operations within the City, which comprise the activities of indoor cultivation, mixed-light cultivation, nursery cultivation, retailer (delivery only), manufacturer, testing laboratory, distributor, and microbusiness (other than storefront sales) are allowed subject to issuance and maintenance of the permits and entitlements set forth in Section 8.29.05.06(a), continuing compliance with this Chapter and all other applicable City and State laws and regulations, and issuance and maintenance of a valid and current State license of a classification listed below, as provided for in Business & Professions Code Section 26050 and applicable State regulations:

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1. Type lA = Cultivation; Specialty Indoor; Small.

2. Type 1B = Cultivation; Specialty Mixed-Light; Small.

3. Type 2A = Cultivation; Indoor; Small.

4. Type 2B = Cultivation; Mixed-Light; Small.

5. Type 3A = Cultivation; Indoor; Medium.

6. Type 3B = Cultivation; Mixed-Light; Medium.

7. Type 4 = Cultivation; Nursery.

8. Upon authorization by the State of California, Type 5A = Cultivation; Indoor; Large.

9. Upon authorization by the State of California, Type 5B = Cultivation; Mixed-Light; Large.

10. Type 6 = Manufacturer 1.

11. Type 7 = Manufacturer 2.

12. Type N = Manufacturer (i.e. no extractions, pursuant to 17 CCR § 40118, as may be amended).

13. Type P = Manufacturer (i.e. packaging and labeling only, pursuant to 17 CCR § 40118, as may be amended).

14. Type 8 = Testing Laboratory.

15. As authorized by California Code of Regulations, Type 9 = Non-Storefront Retailer (i.e. retail sales by delivery only, pursuant to 16 CCR § 5414, as may be amended).

16. Type 10 = Retailer (subject to Section 8.29.050, i.e. delivery only).

17. Type 11 = Distributor.

18. Type 12 = Microbusiness (subject to Sections 8.29.05.04(c) and 8.29.050).

19. Type 13 = Distributor (i.e. transport only, pursuant to 16 CCR § 5315, as may be amended).

20. Cultivation License Types for Indoor or Mixed-Light pursuant to 3 CCR § 8201, as may be amended).

21. Commercial Cannabis types that may be established by the State of California and is determined by the City Manager to be in substantial compliance with this Chapter.
(b) Any commercial cannabis activity not expressly authorized by this Chapter is prohibited. (c) The number of commercial cannabis permits authorizing the operation of a microbusiness requiring a Type-12 State License that may be active or valid in the City at any given time shall not exceed thirty-five (35) permits, or a lower number as may be established by the City Council.

Section 8.29.050.05 - Prohibited Types of Commercial Cannabis Businesses (a) Commercial cannabis businesses within the City which involve the activities of outdoor cultivation and storefront sales are prohibited in the City. This prohibition includes, but is not limited to, commercial cannabis activities licensed by the State license classifications listed below, as provided for in Business & Professions Section 26050 and applicable State regulations:

1. Type 1= Cultivation; Specialty Outdoor; Small.

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2. Type 1C = Cultivation; Specialty Cottage; Small.

3. Type 2 = Cultivation; Outdoor; Small.

4. Type 3= Cultivation; Outdoor; Medium.

5. Type 5 = Cultivation; Outdoor; Large.

6. Type 10 and 12 (Storefront sales prohibited.)
(b) Except as otherwise expressly provided in this Chapter, the prohibition of subsection (a) includes any similar commercial cannabis activities authorized under new or revised State licenses, or any other State authorization, for any type, category, or classification of commercial cannabis activities which involve the above-referenced or similar activities or operations.
(c) Notwithstanding any provision of this Chapter or the Arvin Municipal Code, storefront sales are prohibited in the City. No commercial cannabis permit issued to any person, including but not limited to a person holding a Type 10 "Retailer" or Type 12 "Microbusiness" State license, shall include any authorization to engage in storefront sales.

This prohibition applies to both adult-use and medicinal cannabis and cannabis products.

As such, no medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider, within the meaning of Health & Safety Code Section 11362.768, shall be permitted to engage in storefront sales. The term "storefront sales" shall include making available, tendering, offering, bartering, gifting, releasing, delivering, providing or exchanging any cannabis or cannabis products. However, this subsection does not prohibit the issuance of commercial cannabis permits authorizing non-storefront sales, by delivery only, of cannabis or cannabis products in the City. (d) Consistent with Business & Professions Code Section 26080, nothing in this Chapter shall be interpreted to prohibit the use of the public roads of the City by a State licensee in the course of making cannabis deliveries to and from areas outside of the City.

Section 8.29.05.06 - Required Licenses and Permits.
(a) It shall be unlawful to own, establish, operate, use, or allow the establishment or activity of a commercial cannabis business, or to participate in a commercial cannabis business as an employee, contractor, agent, volunteer, or in any manner or capacity, other than as provided in this Chapter and pursuant to the following:

1. A valid and current commercial cannabis permit(s) issued by the City pursuant to this Chapter, and

2. The equivalent State license(s) for such commercial cannabis business issued pursuant Division 10 of the Business & Professions Code, as may be amended, and

3. Employee Badge pursuant to Section 8.29.05.09; and

4. A valid City business license.
(b) The City Manager is hereby authorized to issue commercial cannabis permits on behalf of the City. The City Manager, or designee, in his or her sole discretion, may issue a commercial cannabis permit only upon confirming that the applicant to whom the permit is to be issued has satisfied all of the requirements of this Chapter and the other applicable provisions of the Arvin Municipal Code, as may be amended from time to time, any

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regulations promulgated pursuant to this Chapter, and any law or regulation enacted by the State of California or any department of the State governing commercial cannabis activities.
(c) Commercial cannabis permits shall be governed by the following requirements and limitations:

1. Commercial cannabis permits may only permit the types of cannabis activity expressly authorized by this Chapter.

2. No commercial cannabis permit shall authorize public access to any commercial cannabis business. Only persons involved in the bona fide business activities of a commercial cannabis business shall be authorized to access the premises of a commercial cannabis business.

3. Commercial cannabis businesses shall not employ or grant access to any individual who is under twenty-one (21) years of age.

4. Each commercial cannabis permit issued pursuant to this Chapter shall expire twelve (12) months after the date of its issuance and must thereupon be renewed.

Continued operation of a commercial cannabis business after expiration of a commercial cannabis permit shall be unlawful and a violation of this Chapter.

5. Prior to issuance of any commercial cannabis permit, each proposed commercial cannabis business shall be subject to the mandatory inspections provided by Section

8.29.05.15 and shall obtain all required permits or approvals which are otherwise required for the premises by applicable law, including, but not limited to, building permits, California Fire Code approvals, and planning-level permit(s) required by Title 17 Zoning of the Arvin Municipal Code. City Manager may issue a Conditional Commercial Cannabis Permit where the business is actively implementing conditions, obtaining clearances and licenses from local agencies and the state of California. Temporary Certificate of Occupancy may be issued by the Building Official where such occupancy is near completion of required improvements and where the Building Official and Fire Agency finds that no health and safety factors exists.

6. Consistent with Business and Professions Code Section 26053, a commercial cannabis business conducting multiple commercial cannabis activities shall obtain a commercial cannabis permit authorizing each type and location of commercial cannabis activity prior to engaging in that activity. A commercial cannabis business licensed by the State to conduct multiple commercial cannabis activities shall not receive a commercial cannabis permit authorizing any commercial cannabis activity within the City that is not expressly authorized by this Chapter. An applicant may be issued a commercial cannabis permit authorizing multiple different types of commercial cannabis activities as defined by applicable State license classifications, consistent with the requirements of Business and Professions Code Section 26053 and/or a Type 12 "Microbusiness" State license.

7. Revocation, termination, denial, non-issuance or suspension of a State license shall immediately and automatically terminate the commercial cannabis permit, and all commercial cannabis activity shall immediately cease. Upon reinstatement or receipt of a new State license, the commercial cannabis activity may file for a new permit from the City. While a new application for a commercial cannabis permit is

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pending, the applicant shall not engage in any commercial cannabis activity.

Violations of this Section shall be grounds for denial of an application for a commercial cannabis permit and for the enforcement, penalties and cost recovery prescribed within Section 8.29.05.170 and any other applicable provisions of the Arvin Municipal Code.

8. The issuance of a commercial cannabis permit shall constitute a revocable privilege and shall not create or establish any vested rights for the development or use of any property.
(d) Renewals of commercial cannabis permits shall be governed by the following requirements and limitations:

1. Applications for renewal of commercial cannabis permits shall be filed with the City Manager at least sixty (60) calendar days prior to the expiration date of the permit and shall be subject to all requirements applicable to an application for initial issuance of a commercial cannabis permit.

2. An application for renewal of a commercial cannabis permit shall be denied if any of the following exists:
i. The application is filed less than sixty (60) calendar days before expiration of the commercial cannabis permit. Notwithstanding the foregoing, the City Manager, in his discretion, may accept an application filed between thirty (30) and sixty (60) days before expiration based upon a showing of good cause by the applicant for the late filing.
ii. The commercial cannabis permit, or any of the other entitlements required for the commercial cannabis to operate in compliance with this Chapter, is suspended or revoked at the time the application for renewal is submitted or is suspended or revoked while the application for renewal is pending. iii. The commercial cannabis business or activity has not been in regular and continuous operation during the four (4) months prior to the submission of the application for renewal.
iv. The commercial cannabis business is in noncompliance with any provision of this Chapter, any regulation promulgated pursuant hereto, any other provision of the Arvin Municipal Code applicable to the commercial cannabis business, or any condition of approval of the commercial cannabis permit or any other entitlement issued by the City to the commercial cannabis business.
v. The applicant for renewal of the commercial cannabis permit has failed to obtain or renew any required State license or is in violation of any applicable provision of State law or any applicable State regulation. vi. The applicant for renewal has failed to pay in full all fees, administrative fines, penalties and/or charges imposed by the City relating to the commercial cannabis business, unless assessment of the fees, administrative fines, penalties and/or charges are being appealed.

3. If a renewal application is denied, the applicant may file an appeal. The appeal must be in writing, must identify the grounds for reversing the denial, and must be submitted to the City Clerk within ten (10) days from the date of the denial. The appeal shall be conducted pursuant to Section 8.29.05.190(j). In the alternative, the

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applicant may file a wholly new application for a commercial cannabis permit pursuant to this Chapter. Upon expiration of the commercial cannabis permit and regardless of a pending appeal or new application for a commercial cannabis permit, all of the applicant's commercial cannabis activity shall immediately cease.

Violations of this Section shall subject the violator to denial of the appeal or new application for a commercial cannabis permit and/or the enforcement, penalties and cost recovery mechanisms prescribed within this Chapter and/or the Arvin Municipal Code.

4. Any unpaid fees, administrative fines, penalties and/or costs imposed by the City relating to the commercial cannabis business shall be added to the fee for renewal of the commercial cannabis permit, unless assessment of the fees, administrative fines, penalties and/or costs are being appealed.

5. A commercial cannabis permit shall not be renewed until the City receives payment in full of the fee for the commercial cannabis permit renewal application. Said fee shall be governed by and subject to the provisions of Section 8.29.05.190(b), unless otherwise provided by resolution of the City Council.
(e) Failure of a commercial cannabis business to obtain and maintain a valid City business license, and to remain in compliance with all applicable provisions and requirements of that license, shall constitute grounds for denial of an application for renewal of a commercial cannabis permit, suspension or revocation of a current commercial cannabis permit.

Section 8.29.05.07 - Existing Commercial Cannabis Businesses.

Commercial cannabis businesses in existence in the City as of the date of adoption of this Chapter may continue to operate under the approved and issued Commercial Cannabis Permit and associated entitlements, Conditional Use Permit, Site Development Plan, Development Agreement, or may, upon its annual renewal, utilize this Chapter for permitting and compliance with the requirements of this Chapter. An unpermitted commercial cannabis business that can demonstrate to the City Manager's satisfaction that it is diligently applying to obtain the required permits and licenses, and that it is in good standing and otherwise in compliance with all applicable local and state laws and regulations, may, at the discretion of the City Manager, be temporarily permitted to continue its operations while its applications for the required permits and licenses are pending.

Section 8.29.05.08 - Security Measures.
(a) A permitted commercial cannabis business, regardless of building type utilized, shall implement sufficient security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and theft of cannabis or cannabis products at the premises. These security measures shall include, but shall not be limited to, all of the following, in addition to any other security measures deemed necessary by the City Manager or required pursuant to any regulations as may be promulgated by the City Manager in furtherance of the purposes of this Chapter:

1. Preventing persons from remaining on the premises of the commercial cannabis business if they are not engaging in bona fide business activity of the commercial cannabis business.

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2. Establishing limited access areas accessible only to authorized commercial cannabis business personnel.

3. Ensuring that live growing plants which are being cultivated are kept in a secured cultivation site, and that all cannabis and cannabis products are stored in a secured and locked room, safe, or vault at all times. All cannabis and cannabis products, including live plants which are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.

4. Installing twenty-four (24) hour security surveillance cameras with night vision capability and of at least 1080p HD-quality to monitor all entrances and exits to and from the premises and to monitor all interior spaces, excluding all restroom and changing room facilities, within the commercial cannabis business. The security surveillance system shall be compatible with software and hardware utilized by the Arvin Police Department and as approved by the Chief of Police or designee. The security surveillance system shall be capable of providing the Arvin Police Department with remote real-time/live access to the video footage during emergency situations, including but not limited to armed robbery, active shooter, hostage, and exposure to hazardous or volatile substances. Video recordings shall be maintained for a minimum of forty-five (45) days. Upon request by the Chief of Police, video recordings will be provided to the Arvin Police Department within twenty-four (24) hours. If the commercial cannabis business refuses to provide the Chief of Police access to the real-time/live video feed or the requested video recordings, the City Attorney shall be authorized to seek reimbursement of all costs, including but not limited to court costs, attorney's fees, filing fees, administrative time and fees and employee time, incurred by the City while seeking a warrant and/or judicial intervention granting the requested access. The requirements of this Section shall be in addition to any other applicable provision of the Arvin Municipal Code.

5. Sensors shall be installed to detect entry and exit from all secure areas.

6. Panic buttons shall be installed in all commercial cannabis businesses.

7. A professionally installed, maintained, and monitored alarm system shall be maintained in operable condition at all times.

8. Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building and shall be installed in compliance with all applicable requirements of the Arvin Municipal Code, California Building Code and California Fire Code.

9. Each commercial cannabis business shall have the capability to remain secure and operational during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

10. All security personnel to be hired or used by each commercial cannabis business shall be licensed by and in good standing with the State Bureau of Security and Investigative Services and shall obtain an Employee Badges pursuant to Section

8.29.05.09. At least one such security guard shall be on the premises of each commercial cannabis business during all operating hours. The City Manager may increase the number of security guards required to be on the premises of any commercial cannabis business as a condition of approval of any commercial

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cannabis permit application, if he or she deems such additional security guards necessary to adequately protect the premises based on the size or other characteristics of the commercial cannabis business or its premises.

11. Fencing shall be installed along the perimeter of the project site. Fencing location, design, and materials shall be approved by the City Manager or designee. Fencing shall be a minimum of 10’-0” with angled or electrified top. Materials shall be limited to wrought iron fencing, masonry, a combination of the two, or alternatives subject to approval by the City Manager or their designee. All fencing shall have angled wrought iron topping or must be electrified. Electronic entry gates for automobiles and pedestrian shall be designed as noted above and the City Manager or designee shall have final approval. Fencing must be in place to the satisfaction of the City Manager or their designee as well as the Building Department prior to being eligible for a certificate of occupancy or a temporary certificate of occupancy.

12. Any portion of the fencing that is electrified shall comply with all State, Federal and Local laws, including, but not limited to, California Civil Code section 835 and any amendments thereto.

13. Developer must submit a detailed fencing plan to the City Engineer or their designee for approval. Plans may be included within a larger Civil Design Plan required for overall site development approval. At a minimum, the plans must show the layout of all proposed exterior fences with locations of gates for pedestrians and vehicles. Plans must also include typical sections, typical elevations, and details regarding hardware, materials, color, textures, and any additional information requested by the City Engineer upon review of a fencing plan. The use of existing fences must also be shown on the plans, detailed appropriately, and shall be subject to approval on a case-by-case basis by the City Engineer. City Engineer review shall be independent of any necessary review by the Building Department which the Developer must submit plans to for a separate permit following City Engineer approval.

14. The use of razor wire, barbed wire, or similar materials is strictly prohibited. In cases of masonry walls, all public facing sides must be covered in an approved antigraffiti material or must have climbing vines attached to the walls which must be maintained over time to the satisfaction of the City Manager. In cases of wrought iron fences, the Developer may install an opaque cover to prevent the public from seeing into the site. In these cases, such a cover must also have an approved antigraffiti coating. Any graffiti must be immediately removed by the Developer within 72 hours when notified by the City Manager or their designee regardless of when the graffiti first appeared. Similarly, any damage to the perimeter fencing must be immediately repaired within 72 hours when notified by the City Manager or their designee regardless of when the damage first appeared.

15. Approved colors and textures for public facing portions of fences are as follows unless otherwise approved by the City Manager or their designee:
• Masonry: terra cotta; split faced
• Wrought iron and opaque coverings: black or green; opaque covering to be metallic or durable plastic capable of withstanding substantial winds and must be UV and rust resistant.

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(b) Each commercial cannabis business shall provide the City Manager with the identity and contact information for a liaison who shall be reasonably available to meet and discuss compliance with the requirements of the Arvin Municipal Code, state law and/or any other laws and regulations applicable to the commercial cannabis business. (c) As part of the application and permitting process, each commercial cannabis business shall provide the City Manager with a detailed transportation plan describing the procedures for safely and securely transporting cannabis, cannabis products and/or currency. (d) A commercial cannabis business shall notify the Chief of Police within twenty-four (24) hours after discovering any of the following:

1. Significant discrepancies identified in inventory. The level of significance may be determined by regulations promulgated by the City Manager.

2. Diversion, theft, loss or any criminal activity involving the commercial cannabis business, an employee or any agent of the commercial cannabis business.

3. The loss or unauthorized alteration of records referring or related to cannabis, cannabis products, employees or agents of the commercial cannabis business.

4. Any other breach of security.

Section 8.29.05.09 - Employee Badge Requirement.

Every employee or independent contractor working at or for a commercial cannabis business or involved in security, delivery or distribution, or other services for a commercial cannabis business shall obtain an employee badge pursuant to Title 4 Cal. Code Regulations Section 15043 or as may be amended. (§15043. Licensee Employee Badge Requirement. All agents, officers, or other persons acting for or employed by a licensee conducting retail sales or participating in a temporary cannabis event shall display a laminated or plastic-coated identification badge always issued by the licensee while engaging in commercial cannabis activity. The identification badge shall, at a minimum, include the licensee’s “doing business as” name and license number, the employee’s first name, an employee number exclusively assigned to that employee for identification purposes, and a color photograph of the employee that clearly shows the full front of the employee’s face and that is at least 1 inch in width and 1.5 inches in height.).

Persons who are listed as commercial cannabis permit holders or owners thereof, who are subject to criminal history records checks pursuant to Section 8.29.05.240(k), shall be required to obtain an Employee Badge if such person also serves as an employee or contractor for the permit holder's commercial cannabis business.

Section 8.29.05.100 - Right to Occupy and to Use Property.

As a condition precedent to the City's issuance of a commercial cannabis permit pursuant to this Chapter, any person intending to open and to operate a commercial cannabis business shall provide sufficient evidence of the legal right to occupy and to use the proposed location. In the event the proposed location is leased from another person, the applicant for a permit under this Chapter shall provide a signed and notarized statement from the owner of the property to demonstrate the property owner has acknowledged and has consented to the operation of a commercial cannabis business on the property.

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Section 8.29.05.110 - Location of Commercial Cannabis Business - Proximity to Sensitive Uses.
(a) Commercial cannabis activity shall be authorized within the following zoning districts of the City: M-1, M-2, M-3, A-1 and A-2 zoning districts. Commercial cannabis activity is prohibited in all other zoning districts of the City.
(b)Notwithstanding subsection (a) of this Section, no commercial cannabis business shall be located within six hundred feet (600') from any school, day care center, youth center, public park, or public library (“Sensitive Uses”). Location distance separating Sensitive Uses, as described above, shall be measured from the exterior of the structure(s). Applicant shall prepare locational map verifying locational distance and shall certify that the structure locations meet the six hundred feet separation.
(c)No commercial cannabis business may operate within any residential zoning district or area of the City.
(d)A commercial cannabis business generally may not operate adjacent to, across a street or alley from, or within two hundred feet (200') of, any residential zoning district or area of the City. Location distance and/or separating commercial cannabis business, as described above, shall be measured from the exterior of the structure(s). Applicant shall prepare locational map verifying locational distance and shall certify that the structure locations meet the two hundred feet separation. However, if an existing building or facility in a City zoning district enumerated in subsection (a) is located adjacent to or across a street or alley from a residential zoning district or area of the City, a commercial cannabis business may be permitted to operate in such location if, in the opinion of City Manager, the operation of a commercial cannabis business in such location would not tend to cause a public nuisance, nor a situation which may result in repeated police department responses or a negative impact on the adjacent residential units or dwellings. Any subsequent expansion of a commercial cannabis business permitted to operate in such a location, which expansion requires a new or amended commercial cannabis permit, shall also be subject to a determination by the City Manager that the expansion would not tend to cause a public nuisance or a situation which may result in repeated police department responses or a negative impact on the adjacent residential units or dwellings. (e)Commercial cannabis businesses shall be required to comply with all zoning, land use, and development regulations applicable to the underlying zoning district in which they are permitted to establish and operate as set forth in Title 17 of the Arvin Municipal Code. (f) Any commercial cannabis business which has been determined by the City Manager to be an existing commercial cannabis business on the effective date of this Chapter shall be exempt from compliance with the limitations prescribed in this Section, unless such location is otherwise determined to constitute a public nuisance or otherwise a disturbance to the adjacent or neighboring uses as determined by the provisions of this Chapter.

Section 8.29.05.120 - Alcohol and Tobacco Restrictions.

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(a) In accordance with Business & Professions Code Section 26054, as may be amended, no commercial cannabis business shall cause or allow the sale (whether retail or wholesale) of alcoholic beverages or tobacco products on its premises. (b) No commercial cannabis business shall cause or allow alcoholic beverages to be dispensed or consumed on its premises.
(c) No commercial cannabis business shall operate in a location that requires persons to pass through a business that sells alcohol or tobacco to access the premises of the commercial cannabis business, or that requires persons to pass through the premises of the commercial cannabis business to access a business that sells tobacco or alcohol. (d) No commercial cannabis business shall operate in a location that is adjacent to a business that sells alcoholic beverages at retail. Applicant shall certify that the commercial cannabis business/structure(s) is not adjacent to a business that sells alcoholic beverages at retail.

Section 8.29.05.130 - Concurrent Regulation with State.

It is the stated intent of this Chapter to regulate commercial cannabis activity in the City concurrently and consistently with State law. Except where an express provision of this Ordinance applies to create an obligation that is more stringent than the minimum standards established by State law, this Chapter shall be construed in accordance with that intent.

Section 8.29.05.140 - Compliance with Laws.
(a) It shall be the responsibility of the commercial cannabis permit holder, including its owners and operators, to ensure that the permitted commercial cannabis business is, at all times, operating in compliance with all applicable state and local laws and regulations, as amended, and any conditions of approval of a State license or City-issued commercial cannabis permit or other entitlement.
(b) Nothing in this Chapter shall be construed as an authorization of any action or conduct in violation of state law or local law with respect to the operation of a commercial cannabis business.
(c) Nothing in this Chapter shall be construed as an authorization by the City, its elected or appointed officials, employees, agents, representatives and/or consultants, collectively or individually, of any conduct in violation of federal law.

Section 8.29.05.150 - Inspections and Enforcement.
(a) No commercial cannabis business shall commence operation, and no commercial cannabis permit application or conditional use permit application shall be approved for any commercial cannabis business, unless and until:

1. The City Manager, or designee, and Police Chief, or designee, have inspected the premises of the commercial cannabis business and reviewed all written procedures, standards and protocols developed by such business pursuant to this Chapter, and have confirmed in writing that the business is in compliance with all applicable requirements of this Chapter and other applicable provisions of the Arvin Municipal

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Code, any applicable local regulations, and any applicable state laws, administration or enforcement of which is within their jurisdiction; and

2. The Fire Chief and Building Official have inspected the premises of the commercial cannabis business and reviewed all written procedures, standards and protocols developed by such business pursuant to this Chapter and have confirmed in writing that the premises are in compliance with the California Building Standards Code and the State Fire Marshal regulations, as adopted by the City, and all other applicable building and fire safety-related requirements, administration or enforcement of which is within their jurisdiction.
(b) In addition to the initial permit inspections pursuant to subsection (a) and after permitted commercial cannabis business activities have commenced, the City Manager, the Building Official, the Police Chief, and the Fire Chief are authorized to conduct reasonable unannounced and suspicion less inspections of the interior and exterior premises of any commercial cannabis businesses at any time during regular business hours (generally eight (8:00) a.m. and seven (7:00) p.m., Monday through Sunday), for the purpose of ensuring compliance with this Chapter and applicable state law as specified in subsection (a). (c) Each commercial cannabis business shall be subject to two mandatory inspections conducted pursuant to subsection (b) per calendar year. Notwithstanding the foregoing, further inspections may be conducted at any time in response to complaints received by the City relating to violations on the premises of a commercial cannabis business. (d) During all inspections conducted pursuant to this Section, the inspecting officials are authorized to photograph and otherwise document the conditions on the premises, and to take such other measures as are reasonably necessary to ascertain whether the business is in compliance with this Chapter, subject to adherence to all HIPAA rights and all other applicable privacy rights unrelated to the purpose and intent of the inspection. Samples of cannabis and cannabis products may be temporarily taken from the commercial cannabis business and retained for the minimum time and to the minimum extent necessary to ascertain compliance with this Chapter, provided that any such samples shall be logged, recorded, and maintained in accordance with the Arvin Police Department standards for evidence.
(e) For all inspections required by this Section (not including complaint-based inspections), inspection fees sufficient to cover the costs of such inspections shall be paid by each commercial cannabis business as part of such business' commercial cannabis permit application fees or annual permit fees.
(f) Failure or refusal of a commercial cannabis business, or any owner, manager, employee or agent thereof, to grant access to the premises of the commercial cannabis business to facilitate any inspection pursuant to this Section shall constitute a violation of this Chapter and shall constitute grounds for the City to obtain an inspection warrant to inspect the commercial cannabis business in accordance with State law.

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(g) All inspections shall be subject to adherence to applicable HIPAA rights and other applicable privacy rights unrelated to the purpose and intent of the inspections. (h) The requirements and remedies set forth in this Section shall be in addition to all other applicable provisions of the Arvin Municipal Code.

Section 8.29.05.160 - Fees and Charges.
(a) No person may commence or continue any commercial cannabis activity in the City without timely paying in full all fees, costs, penalties and charges required in connection with the establishment or operation of a commercial cannabis activity. Fees and charges associated with the establishment or operation of a commercial cannabis activity shall be set by resolution or ordinance of the City Council.
(b) All commercial cannabis businesses operating pursuant to this Chapter shall pay any and all applicable sales, use, business or other taxes, and all license, registration, or other fees required pursuant to federal, state, and local law.
(c) Commercial Cannabis Tax Revenues and Rates are established for Commercial Cannabis businesses in accordance with Title III Revenue and Finance, Chapter 3.19.

1. Pursuant to Section 8.29.05.290(a), the City has limited the total square footage of Commercial Cannabis to 1,350,000 square feet,

2. Pursuant to Section 8.29.05.04(c), the City has limited the Type 12 Microbusiness to a total of 35 business within the current City limits.

3. Due to the limitation of square footage for commercial cannabis business, the applicant of and any assignee shall pay, upon approval of each Commercial Cannabis permit, a minimum sum of $25,000.00 per quarter, regardless of operational status. The payment shall be paid within 10 days of the approval/conditional approval of a Commercial Cannabis permit. i. Should the Commercial Cannabis business be operational, the minimum quarterly payment shall be credited toward that business’s following quarter’s tax liability.
ii. Should the Permit Holder fail to begin operations within two years of the first permit’s issuance, payment of the quarterly $25,000.00 minimum required payment shall not be refunded. The quarterly payment is required due to the limited square footage for Commercial Cannabis and is established as a deterrent against non-operational permit holders. The nonoperation of permitted Commercial Cannabis establishments is determined to be detrimental to the health and welfare of the City.

Section 8.29.05.170 - Violations and Enforcement.
(a) It is unlawful for any person to violate any provision of this Chapter. (b) Each and every violation of this Chapter constitutes a misdemeanor punishable in accordance with Chapter 1.08.010 of the Arvin Municipal Code.

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(c) Each and every violation of this Chapter constitutes a public nuisance which may be abated by the City pursuant to the Arvin Municipal Code.
(d) Violations of this Chapter may be redressed by any and all applicable civil remedies available to the City, including but not limited to civil actions for injunctive relief. (e) Violations of this Chapter are subject to all applicable administrative remedies under the Arvin Municipal Code, including but not limited to issuance of administrative citations.

Notwithstanding the foregoing, the administrative citation penalty for all violations of this Chapter, within a rolling twelve (12) month period, shall be as follows: one thousand dollars and no cents ($1,000.00) per violation.
(f) Any person that violates any provision of this Chapter shall be guilty of a separate offense for each and every day during any portion of which the violation exists. and shall be penalized pursuant to this Chapter and the applicable provisions of the Arvin Municipal Code.
(g) The remedies set forth in this Section are cumulative of each other and of any other legal remedies available at law.
(h) The City Manager may suspend or revoke a commercial cannabis permit when the permit holder or anyone acting on its behalf has committed any of the following acts or maintained any of the following conditions:

1. Any action or condition which would constitute grounds for denial of a commercial cannabis permit.

2. Any violation of this Chapter, the Arvin Municipal Code, any applicable state law governing the commercial cannabis business or activity, or any applicable condition of approval of the commercial cannabis permit or any other entitlement pertaining to the operation of the commercial cannabis business. (i) Prior to suspending or revoking a commercial cannabis permit, the City Manager shall conduct a hearing. Written notice of the hearing shall be provided to the permit holder at least five (5) calendar days prior to the hearing. The notice shall contain the basis for suspending or revoking the commercial cannabis permit. Notice may be provided by either personal service, U.S. mail and/or posting or depositing the notice at the commercial cannabis business. After the hearing, the City Manager shall provide notice of the decision whether to suspend or revoke the commercial cannabis permit in the same manner applicable to the notice of hearing. The decision of the City Manager shall be final, subject to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6 within ninety (90) calendar days of the date of the decision. The commercial cannabis permit holder has no right to an administrative appeal of the decision. (j) The City Manager may immediately suspend a commercial cannabis permit without notice or hearing, subject to a subsequent hearing prior to reinstatement or revocation pursuant to subsection (i), under the following circumstances:

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1. The commercial cannabis permit holder is convicted of a public offense in any court for the violation of any law which would be grounds for denial of a commercial cannabis permit.

2. The City Manager, Chief of Police, Fire Chief or any other authorized public safety or building official determines that immediate suspension is necessary to protect the public health, safety and welfare of the community. The City Manager shall provide notice of the grounds for immediate suspension of the commercial cannabis permit, and the suspension shall only be for as long as reasonably necessary to address the grounds which led to the suspension.

Section 8.29.05.180 - Limitations on City's Liability.

To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to having issued a commercial cannabis permit or otherwise approving the operation of any commercial cannabis business pursuant to this Chapter. As a condition of approval of any commercial cannabis permit issued pursuant to this Chapter, the person to which a commercial cannabis permit is issued shall be required to meet all of the following conditions:
(a) Execute an agreement indemnifying, defending (at its sole cost and expense), and holding the City and its officers, employees, representatives, and agents harmless from any and all claims, losses, damages, injuries or liabilities associated with permitting or approving the operation of a commercial cannabis activity or the operation thereof or associated with the commercial cannabis business or its members' violation of any federal, state or local laws. (b) Maintain insurance at coverages, limits, and with conditions thereon determined necessary by the City Manager, in consultation with the City Attorney. Commercial General Liability insurance shall be maintained at all times with coverage limits that meet or exceed one million dollars ($1,000,000.00) per occurrence and in the aggregate. In the alternative to maintaining Commercial General Liability insurance, a commercial cannabis permit holder may post a bond, in a form subject to approval by the City Attorney, with the City in the minimum amount of one million dollars ($1,000,000.00). The City Manager may, in his or her sole discretion, increase the minimum bond amount required by a commercial cannabis permit holder.
(c) Reimburse the City for any and all costs and expenses, including attorneys' fees and costs and court costs, that the City may be required to pay as a result of any legal challenge related to the City's approval of a commercial cannabis permit pursuant to this Chapter or the City's approval of the operation of a commercial cannabis activity. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the obligations imposed under this Section.

The City may revoke a commercial cannabis permit for failure to maintain the required insurance or bond. The City may provide a commercial cannabis permit holder with written notice of its intent to revoke the commercial cannabis permit and for failure to maintain the required insurance or bond. Within seven (7) calendar days from the date upon the notice of intent to terminate, a commercial cannabis permit holder shall tender to the City proof that it has obtained the required insurance or posted the required bond. If a commercial cannabis permit holder fails to timely

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provide proof of the required insurance or bond to the City, the commercial cannabis permit shall be revoked, and the commercial cannabis permit holder shall immediately cease all commercial cannabis business activities. Failure to immediately cease all commercial cannabis business activities shall subject the commercial cannabis permit holder to the penalties, enforcement and cost recovery provisions established within the Arvin Municipal Code and any other legal remedies available to the City.

Section 8.29.05.190 - Commercial Cannabis Permit Application Procedures and Requirements.
(a) In addition to the authority granted pursuant to the express provisions of this Section and Chapter, to the extent consistent with this Chapter and other applicable law, the City Council may by resolution adopt such fees, and the City Manager may adopt such forms and procedures, as are necessary to implement this Chapter with respect to the review, processing, evaluation, selection, investigation, approval, denial, renewal, suspension, and revocation of commercial cannabis permits and related appeals. (b) The owner of a proposed commercial cannabis operation shall file an application with the City Manager upon a form provided by the City and shall pay an application filing fee as established by resolution of the City Council, as may be amended from time to time. The fee may be established as a trust deposit for actual costs. The fee, or the initial trust deposit, shall be in an amount the City Manager estimates will cover the costs of reviewing and processing the application. If a trust deposit-based fee is established, it shall be used and drawn upon as a retainer to cover the actual costs incurred by the City. If the initial amount of the trust deposit is not sufficient, the applicant shall provide additional amounts as necessary within thirty (30) days of a request from the City. If the applicant fails to do so, application review and processing shall cease and shall not continue until such additional amounts are paid.
(c) Each commercial cannabis permit application shall contain, at minimum, the following:

1. The printed full name, signature, date of birth, social security number, a color photocopy of the California Driver's license or equivalent form of identification approved by the City Manager, and current address and telephone number of all owners of and responsible persons for the commercial cannabis business that is the subject of the application.

2. Signed consent of each owner and responsible person, who is identified pursuant to subsection (c)(1) and who is not required to obtain an employee badge pursuant to Section 8.29.05.090, to a fingerprint-based state and federal criminal history records check conducted by the City or an agency authorized or requested to do so by the City, including but not limited to fingerprint analysis conducted utilizing the California Department of Justice Live Scan system or any other system deemed necessary or appropriate in the discretion of the City Manager.

3. The address of the commercial cannabis business to which correspondence from the City is to be sent, if other than the permitted premises.

4. The names and addresses of all businesses operated by, and the employment of, the applicant and its owners for the five (5) years immediately preceding the date of the application.

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5. Any litigation in which the applicant(s) has been involved within the five (5) years immediately preceding the date of the application and a statement of whether any business currently operated by the applicant(s) or operated by the applicant(s) within the five (5) years immediately preceding the date of the application has been investigated or the permit or license authorizing the operation of such business has been revoked or suspended within the five (5) years immediately preceding the date of the application.

6. The address of any commercial cannabis business currently being operated by the applicant or any of its owners, or which has been previously operated by any of them.

7. The existing and/or anticipated supply sources and product supply chain for all cannabis and cannabis products entering and leaving the commercial cannabis business, including the site(s) where cultivation occurs, where the cannabis or cannabis products are processed or manufactured, where any required testing of cannabis or cannabis products occurs, and distribution information. Packaging and labelling information and criteria, demonstrating compliance with Section

8.29.05.240(w), shall also be included.

8. Odor control devices and techniques demonstrating compliance with Section

8.29.05.240(i), sufficient to prevent odors from cannabis from being detectable off of the premises.

9. Procedures for safety and adequately identifying, storing, managing, and disposing of all litter, waste, hazardous materials, contaminants, or adulterated, deteriorated or excess cannabis or cannabis products or byproducts of the commercial cannabis business, and demonstrating compliance with Section 8.29.05.240(t).

10. Information reflecting adequate capitalization of the commercial cannabis business.

11. Procedures for inventory control to prevent diversion of cannabis and cannabis product, employee screening, storage of cannabis and cannabis product, personnel policies, and record-keeping procedures.

12. A detail of the operating procedures to be utilized at the facility, including a description of how chemicals and fertilizers will be stored, handled, used and disposed of, manufacturing methods, the transportation process, inventory procedures, and quality control procedures.

13. A site plan and floor plan of the premises of the commercial cannabis business denoting the property lines and the layout of all structures and areas of the commercial cannabis business including storage, cultivation, manufacturing, testing, distributing, reception or waiting areas, and all ancillary support spaces, and the relationship of the facility to adjacent properties and land uses, indicating compliance with the California Building Standards Code and Title 17 of the Arvin Municipal Code.

14. A plan for the proposed signage at the site, including size, height, colors and design of all signage, demonstrating compliance with Section 8.29.05.240(g). A City sign permit issued pursuant to applicable provisions of the Arvin Municipal Code shall be required.

15. A security plan satisfactorily addressing all required security measures identified in Section 8.29.05.080 and lighting as required by Section 8.29.05.240(x).

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16. Standard operating procedures detailing how operations will comply with state and local regulations, how safety and quality of products will be ensured, recordkeeping procedures for financing, testing, and adverse event recording, and product recall procedures.

17. Proposed days and hours of operation.

18. Recycling and waste disposal procedures reflecting, to the extent practicable, efficiency and conservation of materials and resources used in the commercial cannabis business.

19. Youth access restriction procedures demonstrating compliance with Section

8.29.05.240(h).

20. A transportation plan providing procedures for safely and securely transporting all cannabis, cannabis products and currency to and from the premises.

21. A detailed description of energy and water usage plan enumerating best practices and leading industry practices in efficient utilization of both resources.

22. Evidence of compliance with all applicable insurance-related requirements of this Chapter and State law, including but not limited to Section 8.29.05.180.

Endorsements reflecting the City's status as an additional insured on all required policies shall also be included.

23. A copy of the valid and current City business license held by the applicant.

24. A copy of the valid and current seller's permit issued by the California Department of Tax and Fee Administration (formerly the Board of Equalization) to the applicant, or confirmation from said agency that a seller's permit is not required. If a seller's permit is required but the applicant has not yet received it, an attestation that the applicant is currently applying for a seller's permit shall suffice, provided that a copy of the permit shall be provided to the City immediately upon being obtained by the applicant, and the applicant shall not commence activities for which a seller's permit is required until it is obtained.

25. Identification of any and all other licenses and permits currently or formerly held by the applicant, and any other applications pending review for the applicant, relating to commercial cannabis activities, from any licensing or permitting authority, and specific identification of any licenses or permits denied to, suspended for, or revoked from the applicant.

26. Signed acknowledgment of the requirements of this Chapter, including biannual inspections as established within Section 8.29.05.150.

27. Signed authorization for the City Manager to seek verification of the information contained in the application.

28. A signed statement by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.

29. Any other information deemed necessary by the City Manager. (d) A commercial cannabis permit application may be denied based upon any of the following grounds:

1. The applicant has been issued a state or local permit or license to conduct commercial cannabis activities (in California or another state) and the permit or license has been suspended or revoked, or the applicant has otherwise been sanctioned or subjected to administrative disciplinary action relating to the permit

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or license by any licensing or permitting authority, or the applicant has been involved in a cannabis business that was ordered closed by a civil injunction or other court order based on a violation of law.

2. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, has been convicted of a serious or violent offense as listed within California Penal Code Sections 667.5 and 1192.7(c), or the applicant has been convicted of any other offense listed within Business and Professions Code Section 26057.

3. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, has been convicted of a misdemeanor involving theft, dishonesty, fraud, narcotics sales or narcotic trafficking within the five (5) years preceding the date of the application.

4. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, has been convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined within the Federal Controlled Substance Act, unless the applicant received a Certificate of Rehabilitation as defined in that Act, within the ten (10) years preceding the date of the application.

5. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, has engaged in misconduct related to the ownership, qualifications, functions or duties of their position with the commercial cannabis business.

6. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, has engaged in unlawful, fraudulent, unfair, or deceptive business practices as defined by the Arvin Municipal Code and/or state or federal law.

7. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, is under the age of twenty-one (21).

8. The applicant has violated or failed to comply with any of the requirements of this Chapter or other applicable state or local laws or regulations, or any condition of any entitlement issued to the commercial cannabis business, as determined by the City Manager.

A conviction within the meaning of this Chapter means a plea or verdict of guilty or a conviction following a plea of nolo contendere.

This Section shall not constitute an exhaustive list of grounds for denial of a commercial cannabis application. The City Manager may promulgate regulations identifying additional grounds for denial.
(e) The City Manager shall review each application to determine whether it contains all of the required information. If the application does not contain all of the required information, it shall be returned to the applicant for completion. The City Manager shall endeavor to conclude his or her review within ninety (90) days of the filing of the application. If additional time is necessary, the City Manager will advise the applicant of an estimated review time.

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(f) In reviewing an application for a commercial cannabis permit, the City Manager may request whatever additional information is deemed necessary to determine whether the application meets the requirements of this Chapter or other applicable local laws or regulations.
(g) The City Manager shall have the authority to either approve or deny the application for a commercial cannabis permit. The City Manager shall approve the application if and only if it meets all applicable requirements of this Chapter. Notwithstanding any other provision of this Chapter, the City Manager, when approving a commercial cannabis permit, may place any additional limitations and conditions on the operation of a commercial cannabis business as he or she deems necessary, consistent with the with this Chapter and any regulations promulgated pursuant hereto.
(h) Payment of an annual commercial cannabis permit fee, in an amount set by resolution of the City Council sufficient to cover the City's annual costs of administering the mandatory regulatory functions of this Ordinance in regard to the permitted commercial cannabis business, including but not limited to inspections, audits and investigations, shall be required before issuance or renewal of any commercial cannabis permit pursuant to this Chapter. The fee may be established as a trust deposit for actual costs. The fee, or initial trust deposit, shall be in an amount the City Manager estimates will cover the City's annual costs as described in this paragraph. If a trust deposit-based fee is established, the trust deposit shall be used and drawn upon as a retainer to cover the actual costs incurred by the City. If the initial amount is not sufficient, the applicant shall provide additional amounts as necessary upon request from the City. Failure to pay such additional amounts within thirty (30) days of a request by the City shall constitute a violation of this Ordinance and grounds for denial, non-renewal or revocation of the subject commercial cannabis permit. (i) When an application is denied, the City Manager shall provide a statement of decision giving the reasons for the denial and the findings upon which the decision is based. Notice of the denial may be provided by either personal service or U.S. mail. Notice is presumed to be served upon the applicant once deposit into the U.S. mail. Any person denied a commercial cannabis permit shall have the right to appeal such denial in accordance with this Section.
(j) Any appeal of a denial of an application shall be filed and conducted as prescribed in this subsection.

1. Within ten (10) calendar days from the date of the denial of an application, the aggrieved party may appeal such action by filing with the City Clerk a written appeal setting forth the grounds for reversing the denial. The time requirement for filing an appeal shall be deemed jurisdictional and may not be waived. Appeals not timely filed or not setting forth the basis for the appeal are defective and shall be dismissed.

2. Upon receipt of such written appeal, the City Clerk shall set the matter for a hearing before the City Manager. The hearing shall be conducted pursuant to the following procedures:

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i. All hearings shall be recorded. Any party may, at their sole expense, have the hearing transcribed by a certified shorthand reporter. ii. Hearings need not be conducted according to the technical rules of evidence.
iii. Any relevant evidence shall be admitted, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
iv. Oral evidence shall be taken only on oath or affirmation. The City Manager shall have the power to administer oaths.
v. Irrelevant and unduly repetitious evidence shall be excluded. vi. Each party shall have the right to: call and examine witnesses on any matter relevant to the issues of the hearing; introduce documentary and physical evidence; cross-examine opposing witnesses on any matter relevant to the issues of the hearing, subject to the control of the City Manager, including the imposition of reasonable alternatives to cross-examination; impeach any witness regardless of which party first called the witness to testify; rebut the evidence; and be represented by anyone who is lawfully permitted to do so. vii. The City Manager may take official notice, either during the hearing or after submission of the matter for decision, of any fact which may be judicially noticed by the courts of this state or of official records, regulations, rules, and decisions of state and local agencies, boards and departments and of City ordinances. In addition, the City Manager may take official notice of matters in its own files and of prior proceedings under this chapter involving the same issues. If applicable, the City Manager may also take official notice of any generally accepted technical or scientific matter within their expertise. The parties present at the hearing shall be informed of the matters to be noticed, and those matters should be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, and
viii. The City Manager may provide for reasonable continuances of the hearing, on his/her own initiative or at the request of a party, as necessary to properly conduct the appeal.

The hearing shall be set for hearing in a reasonable time after the date of filing the appeal with the City Clerk, but in no event later than ninety (90) days from the date of such filing. At least ten (10) days prior to the date of the hearing on the appeal, the City shall notify the appellant of the time and the place of the hearing. Notice may be provided by either personal service or U.S. mail. Notice is presumed to be served upon deposit into the U.S. mail.

3. At the conclusion of the hearing, the City Manager shall deliberate and reach a decision within fifteen (15) calendar days. The decision and the reason(s) for the decision shall be reduced to writing. The City Manager may affirm, reverse, or modify the denial issued pursuant to this Code as the facts and law warrant, subject to the following limitations:

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i. The City Manager shall not have authority to waive any requirements of the Arvin Municipal Code or other applicable law.
ii. Nothing in these procedures shall be deemed to authorize the City Manager to deviate from unambiguous provisions of the governing code or statute, or well-established interpretations of the same, based upon expert opinions or other reliable evidence.

A copy of the decision shall be sent by mail or otherwise to the appellant. Where known, a copy may also be provided by email.

4. The decision of the City Manager shall be subject to a further administrative appeal to the Planning Commission, which shall be conducted in accordance with the procedures and requirements applicable to the appeal to the City Manager pursuant to this subsection. The decision of the Planning Commission shall be subject to further administrative appeal to the City Council, which shall be conducted in accordance with the procedures and requirements applicable to the appeal to the City Manager pursuant to this subsection.

5. The decision of the City Council on the appeal shall constitute a final administrative decision. The appellant may thereafter file a petition for writ of mandate in superior court pursuant to Code of Civil Procedure Section 1094.5 and 1094.6 within ninety (90) calendar days of the date of the decision.

Section 8.29.05.200 Development Agreement.

A qualified applicant, pursuant to subsection (b) of this Section, may apply to enter into a development agreement with the City pertaining to a commercial cannabis operation. The provisions of this Section shall apply to such applications. (a) Content and Procedures.
(1) Development agreements entered into pursuant to this Chapter shall set forth the terms and conditions under which the commercial cannabis business will operate that are in addition to the requirements of this Chapter, including, but not limited to, public outreach and education, community benefit, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety, and welfare of the City.
(2) The procedures for commercial cannabis development agreements shall comply with this Chapter, Chapter 16.40 of the Arvin Municipal Code, and Article 2.5 of Chapter 4 of Division 1 of Title 7 of the California Government Code. To the extent there is a conflict between this Chapter and Chapter 16.40 of the Arvin Municipal Code with respect to a development agreement for a commercial cannabis business, this Chapter shall govern.
(b) Qualified Applicant. Development agreements are for substantial development projects, often requiring an investment in infrastructure and/or improvements, payment of development impact fees, and contribution of non-restricted funds that benefit the community. Such agreements are special contracts to be negotiated with

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property owners or those with an interest in the land. A qualified applicant is a person who meets all of the following criteria, with satisfaction of each criterion to be determined in the sole discretion of the City Manager:
(1) The applicant has a pending or approved application for a commercial cannabis permit on file with the City pertaining to the real property that will be subject to the development agreement.
(2) The applicant holds a legal or equitable interest in the real property that will be the site of the commercial cannabis business. If the applicant does not own the property, the applicant must have a legal right to purchase or develop the property and/or notarized written consent from the owner of the property to operate a commercial cannabis business on the property and to enter into a development agreement with the City pertaining to the property. (c) Filing Requirements.
(1) Only a qualified applicant may file an application to enter into a development agreement. An applicant shall provide, to the satisfaction of the City Manager, written proof of meeting the criteria in subsection (b) above, as well as proof of the authority of any agent or representative to act for the applicant.
(2) The City Manager shall prescribe the form for each application, notice and documents provided for or required under this Section for the preparation and implementation of development agreements. The applicant shall complete and submit such an application form to the City Manager, along with a deposit for the estimated direct and indirect costs of processing the development agreement. Each applicant pursuant to this Section shall be required to pay a development agreement application fee, in an amount established by resolution of the City Council, sufficient to cover the City’s costs of review and processing of the development agreement application pursuant to this Section. The fee may be established as a trust deposit for actual costs. The fee, or the initial trust deposit, shall be in an amount the City Manager estimates will cover the costs of reviewing and processing the application. If a trust deposit-based fee is established, the trust deposit shall be used and drawn upon as a retainer to cover the actual costs incurred by the City. If the initial trust deposit is not sufficient, the applicant shall provide additional amounts as necessary within thirty (30) days upon of a request from the City. If the applicant fails to do so, the application review and processing shall cease and shall not continue until such additional amounts are paid.
(3) The City Manager shall require an applicant to submit such information and supporting data as the City Manager considers necessary to process the application, including but not limited to a community benefit assessment to evaluate the benefits the development agreement will provide to the community.

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(d) Processing Requirements.
(1) The City Manager shall endorse on the application the date it is received.

An application or related document shall not be complete until an estimated deposit for the cost of processing has been paid to the City. The City Manager shall review the application and determine any additional requirements necessary to complete processing of the application. If within thirty (30) days of receiving the application the City Manager finds that all required information has not been submitted or the application is otherwise incomplete or inaccurate, the processing of the application and the running of any limits shall be suspended upon written notice to the applicant and a new thirty (30) day period shall commence once the required material is received by the City Manager.
(2) If the City Manager finds that the application is complete, it shall be accepted for filing and the applicant so notified. After receiving the required information and determining that the application is complete, the City Manager shall prepare a staff report and recommendation to the Planning Commission and City Council stating whether or not the agreement as proposed or in an amended form would be consistent with policies of the City, this Chapter and any applicable general or specific plan. The City Attorney shall review the proposed development agreement as to legal form.
(3) Notice of a hearing regarding the development agreement shall be given by the City Manager and shall comply with the requirements of Section 65867 of the California Government Code, as may be amended, as well as in the manner set forth in this Code.
(4) The Planning Commission shall review the proposed development agreement and provide a recommendation to the City Council to approve, approve with modifications or deny the proposed development agreement.

If the Planning Commission fails to take action within sixty (60) days of opening the hearing on the matter, such failure shall be deemed to have made a recommendation of denial to the City Council unless the applicant has requested an extension of time, either in writing or on the record, which has been approved by the Planning Commission prior to the running of the sixtieth day.
(5) The proposed development agreement shall be set for hearing and consideration before the City Council within sixty (60) days of the recommendation of the Planning Commission, unless the applicant agrees in writing to an extension of time with the City Manager prior to the matter being heard by the City Council.
(6) Within ten (10) calendar days after the City enters into any development agreement pursuant to this Section, the City Clerk shall have the agreement recorded with the County Recorder. If the parties to the agreement or their

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successors in interest amend or cancel the agreement as provided in Section 65868 of the California Government Code, or if the City terminates or modifies the agreement as provided in Section 65865.1 of the California Government Code for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder.
(e) Findings and Development Agreement Conditions. After the City Council completes the public hearing, the City Council may not approve the development agreement unless it finds that the provisions of the agreement:
(1) Are consistent with the goals, objectives, and policies of the general plan and any applicable specific plan;
(2) Are compatible with the uses authorized in and the regulations prescribed by this Chapter, zoning district in which the activity is located, and area in which the real property is located;
(3) Will not be detrimental to the health, safety, environmental quality, and general welfare of the community;
(4) Will provide for or result in contributions, services or facilities that benefit the community, which may include, but are not limited to, public facilities, improvements, and services, parks, recreation and open space improvements, public art, youth sports programs, other public youth benefit programs, substance abuse awareness and recovery programs, and other public service programs.
(5) Will not adversely affect the orderly development of property or the preservation of property values;
(6) Provides for payment by the applicant of all costs associated with preparing and entering into the agreement; and
(7) Provides for a reasonable penalty for any violation of the development agreement.
(f) Effectiveness of a development agreement pursuant to this Section shall be contingent upon issuance of a commercial cannabis permit and all other entitlements necessary to operate a commercial cannabis business on the subject property.
(g) Modifications and Extensions.
(1) The provisions of Section 65868 of the California Government Code shall apply for all modifications, with the exception of Minor Modifications/Changes, extensions or other amendments of the terms of a development agreement subject to this Chapter.
(2) Either party may propose an amendment or termination of an approved

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development agreement subject to the following:
(i) The procedure for amending or terminating the development agreement is the same as the procedure for entering into an agreement in the first instance.
(ii) The development agreement may be amended or cancelled only by the mutual consent of the parties, as provided in Section 65868 of the California Government Code.
(3) Nothing herein shall limit the City’s ability to terminate or modify the agreement consistent with Section 65865.1 or 65865.3 of the California Government Code, or as may be amended.
(4) Minor modifications/changes to a Development Agreement may be authorized by the City Manager, upon consultation with the City Attorney. (5) The Development Agreement may necessitate further planning and development of the Project and may demonstrate that refinements and changes are appropriate with respect to the details and performance in implementing the Project under a Development Agreement. The Development Agreement may permit a certain degree of flexibility with respect to the details of the development of the Project and with respect to those items covered in general terms under a Development Agreement. A Minor Changes (as hereinafter defined) when found to be necessary or appropriate, a written request shall be submitted to the City Manager, unless otherwise required by federal, state or local ordinance and/or regulation, effectuate such changes or adjustments through administrative amendments executed by the City Manager or designee. Upon approval of a Minor Modification, it shall be attached as addenda and become a part of the Development Agreement. Minor Modifications shall be recorded with the Development Agreement.
(6) The term “Minor Modifications/Changes” collectively means:
(a) minor deviations to the Project Approvals that are permitted under the Existing City Requirements and are reasonably approved by the City Manager;
(b) a reduction in the parking ratio requirements for the Project under consistent with the Arvin Municipal Code, provided that (i) the reduction does not exceed ten percent (10%) of the Code requirement, and (ii) the reduction is approved by the City Manager, which approval shall not be unreasonably withheld or denied; or
(c) such other changes, modifications or adjustments to the Project Approvals, which the City Manager determines are consistent with the

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overall intent of the Project Approvals and which do not materially alter the overall nature, scope, or design of the Project, and which are consistent with the requirements of Chapter 8.29.05 of the Arvin Municipal Code and any commercial cannabis activity regulations or policies established by the City Manager.
(7) Assumption Agreement(s) - No Modification. An Assumption Agreement shall be subject to the terms of an approved Development Agreement. An Assumption Agreement shall not limit, restrict, modify, alter, amend or otherwise change in any manner the rights and obligations of an Assignor or Assignee under the DA, and in the event of any conflict between the terms and provisions of an Assumption Agreement and the terms and provisions of the DA, the terms and provisions of the DA shall control.
(8) In effecting any Minor Changes, the City shall cooperate with the Developer, provided that the permitted uses are not modified from those in the Project Approvals and any changes are in accordance with the Existing City Requirements. Minor Changes shall not be deemed to be an amendment to a Development Agreement under California Government Code section 65868 but are ministerial clarifications and adjustments, and unless otherwise required by law, no such administrative amendments shall require prior notice or hearing by the City Council. Any amendment or change requiring a environmental impact report, or a supplement thereto, pursuant to CEQA shall not be considered a Minor Change, but shall be considered substantive amendment which shall be reviewed and approved by the City Council as determined by the applicable provisions of the Arvin Municipal Code relating to the hearing and approval procedures for the specific Project Approval.

Section 8.29.05.210 - RESERVED
Section 8.29.05.220 - Records and Reporting.
(a) Commercial cannabis operations shall maintain on the permitted premises the following records either in paper or electronic form:

1. The full name, address, and telephone numbers of the owner and lessee of the property.

2. The name, date of birth, address, and telephone number of each employee and independent contractor of the commercial cannabis operation; the date each was hired or retained; and the nature of each person's participation in the commercial cannabis business.

3. Copies of all required state licenses.

4. An inventory record documenting the dates and amounts of cannabis and cannabis products received at the site, the daily amounts of cannabis and cannabis products on the site, and the daily amounts of cannabis and cannabis products leaving the site for any reason, including but not limited to cannabis that is sold, delivered, or distributed.

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5. A written accounting of all expenditures, costs, revenues and profits of the commercial cannabis operation, including but not limited to cash and in-kind transactions.

6. A copy of all insurance policies related to the operation of the commercial cannabis operation.

7. A copy of the commercial cannabis operation's most recent year's financial statement and tax return.

8. Proof of a valid and current permit issued by the City in accordance with this chapter, and the equivalent State of California license to operate the commercial cannabis business. Every commercial cannabis business shall display at all times during business hours the City permit issued pursuant to the provisions of this Chapter, and the equivalent State license, in a conspicuous place so that it may be readily seen by all persons entering the location of the commercial cannabis operation.
(b) Subject to HIPAA rights and regulations unrelated to the purpose and intent of the inspection, each commercial cannabis business shall allow City officials, upon request, to inspect all books, accounts, records, information and data required to be maintained by the cannabis business pursuant to this Chapter or otherwise relevant to its permitted activities for the purpose of facilitating any inspection, audit or investigation deemed necessary by the City. Such records shall be produced within twenty-four (24) hours after receipt of the City's request.
(c) By December 1 of each year, each commercial cannabis business shall file with the City Manager a complete audited report detailing its financial operations for the previous fiscal year, including its gross revenues, net profits, and total expenditures, which report shall be certified by an independent certified public accountant in accordance with generally accepted auditing and accounting principles. The report shall also include a discussion, analysis, and verification of each of the records required to be maintained pursuant to this Chapter. The information contained in the report shall be made available to the City in standard electronic format which shall be compatible with Microsoft Office programs and software and which can easily be imported into either Excel, Access or any other contemporary software designated by the City Manager, and shall be subject to audit by the City.
(d) All records required by this Chapter shall be maintained by commercial cannabis businesses for a period of not less than seven (7) years, and commercial cannabis businesses shall maintain accurate records of all commercial cannabis activities. All such records shall be made available for immediate inspection by the City upon request consistent with California Business and Professions Code Section 26160.

Section 8.29.05.230 - Prohibition on Transfer of Commercial Cannabis Permits. (a) No commercial cannabis business shall operate under a commercial cannabis permit issued pursuant to this Chapter at any place or location other than that identified in the commercial cannabis permit.

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(b) Any permit issued pursuant to this Chapter shall be null and void upon sale or transfer of ownership of the commercial cannabis business.
(c) Any attempt to transfer or any transfer of a commercial cannabis permit issued pursuant to this Chapter shall be void and the commercial cannabis permit shall be deemed immediately revoked and no longer of any force or effect. (d) Notwithstanding (b) or (c) above, the City Manager may conditionally approve a Commercial Cannabis Business permit transfer subject to the proposed transferee submittal of all required application materials (new Commercial Cannabis Permit), pays all applicable fees and charges, and independently meets the requirements of this Chapter.

Prior to approval or conditional approval of a transfer, the existing Commercial Cannabis permit must have met all the applicable requirements.

Section 8.29.05.240 - General Operating Requirements for Commercial Cannabis Businesses.

In addition to those operating requirements specifically set forth elsewhere in this Chapter and except as may otherwise be expressly set forth in this Chapter, the following operating requirements shall apply to all commercial cannabis businesses operating in the City:
(a) Hours of Operation. Normal business hours for commercial cannabis businesses are eight (8:00) a.m. and seven (7:00) p.m., Monday through Sunday. Subject to the night-time operating restrictions applicable to deliveries set forth in Section 8.29.05.280, commercial cannabis businesses may operate outside normal business hours, provided that any business activity conducted outside of normal business hours shall be sensitive to surrounding land uses and occupants and shall not result in excessive light, noise or other impacts that could cause a nuisance to members of the surrounding community. (b) Restriction on Consumption. Cannabis shall not be consumed on the premises of any commercial cannabis businesses, except that medicinal cannabis may be consumed within a clinic, health care facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health & Safety Code, as stated in Section 8.29.05.06 of the Arvin Municipal Code.
(c) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the public right-of-way or other public area or any adjacent property. No outdoor storage of cannabis or cannabis products is permitted at any time. (d) Reporting and Tracking of Product and of Gross Sales. Each commercial cannabis business shall have in place a point-of-sale tracking system to track and to report on all aspects of the commercial cannabis business including, but not limited to, such matters as tracking of cannabis and cannabis products, inventory data, and gross sales (by weight and by sale price) and shall ensure that such information is compatible with the City's recordkeeping systems. The system must have the capability to produce historical transactional data for review by the City. All information provided to the City pursuant to this subsection shall be confidential and shall not be disclosed, except as may otherwise be required under law.

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(e) All cannabis and cannabis products sold, cultivated, manufactured, delivered, distributed or tested shall be cultivated, manufactured, delivered, distributed or tested by State licensees that maintain operations in full conformance with the state and local laws and regulations.
(f) Emergency Contact. Each commercial cannabis business shall provide the City Manager with the name and telephone number (office and mobile) of an on-site employee or owner to whom emergency notice can be provided on a 24-hour per day, 7-day per week basis. (g) Signage and Notices.

1. In addition to the requirements otherwise set forth in this Section, business identification signage for a commercial cannabis business shall conform to the signage requirements of the Arvin Municipal Code, including, but not limited to, issuance of a City of Arvin sign permit.

2. Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way.

3. No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window.

4. Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.

5. Signage shall not be directly illuminated, internally or externally. No banners, flags or other prohibited signs may be used at any time.
(h) Minors. Persons under the age of twenty-one (21) years shall not be allowed on the premises of a commercial cannabis business. It is unlawful and a violation of this Chapter for any person to employ any person at a commercial cannabis business who is not at least twenty-one (21) years of age. The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the commercial cannabis business. (i) Odor Control. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site.

Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected off the premises, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and

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maintain the following equipment or any other equipment which the City Manager determines has the same or better effectiveness:

1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;

2. An air system that creates negative air pressure between the commercial cannabis business's interior and exterior so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.
(j) Display of Commercial Cannabis Permit, State License and City Business License. The original copy of the commercial cannabis permit issued by the City pursuant to this Chapter, the required State license, and the business license issued by the City pursuant to the Arvin Municipal Code shall be posted inside the commercial cannabis business in a location readily visible to the public.
(k) Criminal History Records Check.

1. Every owner of each commercial cannabis business must submit to annual fingerprint-based state and federal criminal history records checks, conducted by the City or another agency authorized or requested to do so by the City, as an application requirement in connection with each application for issuance or renewal of a commercial cannabis permit for the commercial cannabis business.

2. The criminal history records check may be conducted utilizing the California Department of Justice Live Scan system or any other system deemed necessary or appropriate in the discretion of the City Manager. The City Manager is authorized to request subsequent notification service, if Live Scan is used, or an equivalent service, if another system is used, sufficient to obtain ongoing notifications of criminal offenses committed by owners of commercial cannabis businesses. In the event the City Manager does so, and such subsequent notification or equivalent service reveals a conviction or other conduct, such a conviction or other conduct shall constitute grounds for immediate suspension or revocation of the subject commercial cannabis permit.

3. Owners and responsible persons shall be disqualified from involvement with a commercial cannabis business where the results of a criminal history records check would constitute grounds for denial.

4. A fee for the City's costs of conducting the criminal history records check, as established by resolution of the City Council, shall be paid at the time the application for a commercial cannabis permit is submitted. The fee may be established as a trust deposit for actual costs. The fee, or the initial trust deposit, shall be in an amount the City Manager estimates will cover the costs of conducting the criminal history records check, including City review and processing services and any third-party fees. If a trust deposit-based fee is established, it shall be used and drawn upon as a retainer to cover the actual costs of such investigation. If the initial trust deposit is not sufficient, the applicant shall provide additional amounts as necessary within thirty (30) days of a request from the City. If the applicant fails to do so, the investigation shall cease and shall not continue until such additional amounts are paid.

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5. In the alternative to subsection (k)(4) above, the commercial cannabis business or the subject owner, may provide the City Manager with a completed criminal history records check performed by a third-party vendor, as deemed necessary or appropriate in the discretion of the City Manager. If this alternative is used, the fee established pursuant to subsection (k)(4) above shall not apply, except as may be necessary for the City to confirm the validity and the results of the records check used.
(l) Upon completion of the investigation or in the event the applicant withdraws its application, any unused amount of any trust deposit made pursuant to this Chapter will be refunded to the applicant within thirty (30) days of request by the applicant. (m)Loitering. The owner and/or operator of a commercial cannabis business shall prohibit loitering on the premises of the commercial cannabis business. (n) Permits and other Approvals. Prior to the establishment or operation of any commercial cannabis business, the person intending to establish a commercial cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such commercial cannabis business intends to establish and to operate. (o) Greenhouses. Greenhouses may be utilized only for commercial cannabis cultivation businesses, including nurseries. Greenhouses used for cannabis cultivation shall be fully enclosed permanent structures with solid walls that are clad in an opaque material with climate control, such as heating and ventilation capabilities and supplemental artificial lighting, and that use a combination of natural and supplemental artificial lighting. The cultivation activities conducted within a greenhouse shall not be visible from any public right-of-way or adjacent private property. All greenhouses shall comply with the requirements of this Chapter and the Arvin Municipal Code, including the adopted requirements of the California Building Code, the California Fire Code and any other code adopted or incorporated by reference within the Arvin Municipal Code, as amended.

Greenhouse must have a minimum of 2,000 square feet.
(p) No commercial cannabis business may store food grade alcohol or any other volatile chemical, solvent or substance in an amount which exceeds the maximum authorized amount determined by the Fire Chief. Subject to the foregoing, use of food grade alcohol solely for the purposes of cleaning machinery and dissolving wax, unless otherwise prohibited by the State, is allowed.
(q) Commercial cannabis businesses shall comply with all pesticide use requirements of local, state and federal law.
(r) All weighing devices used by commercial cannabis businesses shall be maintained in compliance with local, state or federal law and applicable regulations regarding device registration with the Agricultural Commissioner.

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(s) Commercial cannabis businesses shall comply with all applicable provisions of the California Building Standards Code, as adopted or incorporated into the Arvin Municipal Code.
(t) Commercial cannabis businesses shall comply with all local, state and federal laws and regulations and best practices applicable to storage and disposal of chemicals, solid waste, contaminants, hazardous materials, adulterated, deteriorated or excess cannabis and cannabis products, and all byproducts of the commercial cannabis business. (u) In no case shall any commercial cannabis business utilize any volatile solvents or other flammable, explosive or toxic substances to process or manufacture cannabis products in the City, except as expressly authorized pursuant to both a Type 7 State license and a Cityissued commercial cannabis permit. (v) All food products, food storage facilities, food-related utensils, equipment and materials shall be approved, used, managed and handled in accordance to the provisions of the California Retail Food Code, California Health and Safety Code Sections 113700 through 114437. All food products shall be protected from contamination at all times, and all food handlers must be clean, in good health and free from communicable diseases. (w)All cannabis and cannabis products, prior to leaving any licensed premises for transfer to any retailer, shall be properly labeled and placed in resealable, tamper-evident, childresistant packaging, shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products, and shall otherwise comply with applicable State laws, including Business and Professions Code Section 26120, and applicable State regulations, all as may be amended from time to time.
(x) The premises of all commercial cannabis businesses shall have sufficient lighting such that all areas subject to monitoring by the security surveillance camera system shall be always visible to all cameras of the system.

Section 8.29.05.250 - Operating Requirements for Cultivation Businesses and Nurseries. (a) Outdoor commercial cultivation and outdoor nursery activity is prohibited. (b) If a commercial cannabis business includes nursery activities, only one nursery may be located on the premises of the commercial cannabis business, and the nursery activity must be permitted pursuant to this Chapter and State law.
(c) Cannabis cultivation and nursery activity shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. (d) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife.

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(e) In no case shall any hazardous, flammable or explosive substances be used to process or manufacture cannabis products on site, except as otherwise stated in this Chapter pertaining to food grade alcohol.
(f) The cultivation of cannabis and any nursery activity shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.
(g) Stacking shall be allowed in a given structure only to the point that measuring the total canopy of each level of stacking is cumulatively no greater than the maximum canopy size allowed under State laws or regulations applicable to the State cultivation license held by the commercial cannabis business
(h) All applicants for a commercial cannabis permit for cultivation or nursery activity shall submit the following, which shall be subject to approval by the City Manager prior to issuance of a commercial cannabis permit to the applicant, in addition to the information otherwise required for a commercial cannabis permit application:

1. An operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, proper disposal of waste materials, and a description of the nursery or cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting.

2. A description of a legal water source, irrigation plan, and projected water use.

3. Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes.

4. Plan for addressing odor and other public nuisances which may result from the nursery or cultivation site.

Section 8.29.05.260 Cannabis Manufacturing Business Operating Requirements. (a) Manufacturer 1 (Type 6) permittees shall utilize only manufacturing processes that are either solventless or that employ only nonflammable, nontoxic solvents that are generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).
(b) Manufacturer 2 (Type 7) permittees shall utilize only manufacturing processes that use solvents exclusively within a closed-loop system that meets all of the following requirements:

1. The system uses only solvents that are generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).

2. The system is designed to recapture and contain solvents during the manufacturing process, and otherwise prevent the off-gassing of solvents into the ambient

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atmosphere to mitigate the risks of ignition and explosion during the manufacturing process.

3. A licensed engineer certifies that the system is commercially manufactured, safe for its intended use, and built to codes of recognized and generally accepted good engineering practices, including, but not limited to, the American Society of Mechanical Engineers (ASME), the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or OSHA Nationally Recognized Testing Laboratories (NRTLs).

4. The system has a certification document that contains the signature and stamp of a professional engineer and the serial number of the extraction unit being certified. (c) No compressed gases used in the manufacturing process shall be stored on the premises of any manufacturer in excess of the amount authorized by the Fire Chief (d) No manufacturer may engage in the retail sale, by delivery or otherwise, of any manufactured cannabis products, including edible cannabis products, on a retail basis in the City.
(e) All cannabis products shall be properly packaged and labeled in accordance with Business & Professions Code Section 26120 and applicable State regulations before leaving the commercial cannabis manufacturing business. All edible cannabis products must be in an opaque (non-see-through) package.
(f) Manufacturers shall comply with all applicable federal, State and local laws and regulations relating to manufacturing safety procedures.

Section 8.29.05.270 - Cannabis Testing Laboratory Operating Requirements. (a) Commercial cannabis testing laboratories (e.g. businesses requiring a Type 8 State license) shall comply with all applicable federal, state and local laws, regulations and/or guidelines governing testing procedures and safety measures.
(b) Testing laboratories are prohibited from obtaining permits to engage in any commercial cannabis activity, except testing. A commercial cannabis business which holds a commercial cannabis permit for testing shall not be issued or hold any other commercial cannabis permit.
(c) Testing laboratories shall not employ any individual who is also employed by any other State licensee that does not hold a Type 8 State license. (d) Testing laboratories must be accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity, and must provide proof of said accreditation, to the satisfaction of the City Manager, as a prerequisite to obtaining a commercial cannabis permit authorizing testing of cannabis or cannabis products.

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Section 8.29.05.280 - Cannabis Retail/Delivery Businesses Operating Requirements (a) Retail sales of cannabis and cannabis products in the City shall be conducted by delivery only.
(b) All commercial cannabis businesses conducting deliveries shall have permitted premises in the City from which all deliveries to addresses in the City or outside of the City shall be conducted. Commercial cannabis businesses that do not have physical premises located in the City, and/or that propose to deliver into the City from premises outside the City, shall not be eligible for issuance of a commercial cannabis permit, and are prohibited from conducting deliveries in the City.
(c) The premises of all commercial cannabis businesses that are permitted to conduct deliveries shall be closed to the general public at all times and shall be accessible only to employees and persons with a bona fide business or regulatory purpose for accessing the premises.
(d) In accordance with Business & Professions Code Section 26070.1, cannabis or cannabis products purchased by a customer shall not leave the permitted premises of a retailer unless they are placed in an opaque package. Lake i
(e) Retailers shall not accept, possess, or sell cannabis or cannabis products that are not packaged and labeled as they will be sold at final sale and in accordance with Business & Professions Code Section 26120, as may be amended. Retailers shall not package or label cannabis or cannabis products.
(f) No employee or other person acting on behalf of a commercial cannabis operation permitted to conduct deliveries may possess or deliver more than $3,000 worth of cannabis or cannabis products at any given time.
(g) No delivery shall be made to any person other than the person who requested the delivery, except when the person requesting the delivery is a qualified patient and the person receiving the delivery is his or her primary caregiver, or vice versa. (h) Any person who is present on the permitted premises of a commercial cannabis business permitted to conduct deliveries who is not an employee, officer, agent, or representative of the retailer must sign in and wear a "visitor" identification badge at all times while on the premises.
(i) Proof of the required State license and commercial cannabis permit, and a copy of all requests/orders for deliveries being conducted, shall be carried at all times in all vehicles being used to make deliveries, and shall be immediately available upon request from law enforcement officers.
(j) Deliveries shall not be conducted between the hours of 11:00 p.m. and 7:00 a.m.

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Section 8.29.05.290 - Total Area Devoted to Commercial Cannabis Businesses (a) No more than one million, three hundred fifty thousand (1,350,000) square feet of area shall be permitted for use by commercial cannabis businesses in the City. Notwithstanding the foregoing, land annexed into the City after the date of enactment of this Chapter shall not be subject to, nor shall be counted toward, this restriction. (b) The square footage of premises of each permitted commercial cannabis business shall be a minimum of 2,000 square feet in area. A coexisting, Commercial Cannabis business, subtenant, may be located, with the City Manager or designee’s approval or conditional approval, in a building area of less than 2,000 square feet where the Commercial Cannabis business is in conjunction with another approved Commercial Cannabis activity permitted in a building larger than 2,000 square feet.
(c) Accessory Structures in Support of Commercial Cannabis Businesses may, at the City Manager’s or designee approval or conditional approval, be authorized. The ratio of 1:1 square footage (Accessory Structure vs Commercial Cannabis Business) shall not exceed 25,000 square feet. (Example: Commercial Cannabis Business with 25,000 square feet may be authorized to have up to 25,000 square feet of Accessory Structures). All Accessory Structures shall be affixed to concrete foundations and must conform to the California Building Code (CBC), California Electrical Code (CEC) and American Mechanical Code (AMC). Accessory structures shall meet the requirements of Section 8.029.05.080 Security Measures and must have exterior lights around all four sides or appropriate detached lighting as approved by the City. Accessory structure(s) may be less than the minimum square footage as established in 8.029.05.290 (b). Accessory Structures shall be screened from public view – design of screening shall be at the discretion of the City Manager or designee. Accessory Structures square footage shall be included as established by Section 8.029.05.290 Total Area Devoted to Commercial Cannabis Businesses.

Section 8.29.05.300 - Periodic Review by the City Council.

Upon request of the City Manager, the City Attorney and the Chief of Police shall report to the City Council with findings on the operation of any commercial cannabis business permitted pursuant to this Chapter and a recommendation as to whether the business should be permitted to continue operating for the remaining period of its commercial cannabis permit (in addition to whatever other recommendations may be made) and whether the City should renew the permit upon application for renewal. Any termination or revocation of a permit based on such findings shall be in accordance with the provisions of this Chapter.

Section 8.29.05.310 - Promulgation of Regulations and Standards.

The City Manager, in his or her discretion, is authorized to promulgate reasonable regulations as he or she deems necessary to implement procedures or requirements in furtherance of the purposes of this Chapter. Regulations promulgated by the City Manager shall have the same force and effect of law and shall become effective upon the date of approval and execution of such regulations by the City Manager.

Section 8.29.05.320 - Community Relations.
(a) Each commercial cannabis business shall provide the City Manager with the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided.

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Arvin City CouncilMarch 8, 2022

Arvin City Council
March 8, 2022