REGULAR MEETING AGENDA
OF THE
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING
AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY MAY 23, 2023 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
Donny Horton Councilmember
Susana Reyes Councilmember
Juan Murillo Councilmember
******************************************
STAFF Jeff Jones City Manager / Finance Director
Nathan Hodges City Attorney – Hodges Law Group
Cecilia Vela City Clerk
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.
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.
Arvin City Council Meeting Agenda – May 23, 2023
1. APPROVAL OF AGENDA AS TO FORM.
Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ 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 May 05, 2023 – May 18, 2023.
B. Approval of Payroll Register(s) of May 12, 2023.
C. Approval of the Minutes of the Regular Meeting(s) of May 09, 2023.
D. Approval to Participate in the Used Oil Payment Program Managed by the County of Kern for the Fiscal Year of 2023-2024.
E. Approval and Adoption of the Special Investigator Scope of Work and Employment Agreement.
Staff recommends approval of the Consent Agenda.
Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___
4. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider:
1) Adoption of A Resolution of the City Council of the City of Arvin for Tentative Approval of General Plan Amendment 2023-01 – 4th Street and Campus Drive by Approving the Change of Land Use Designation on 8.6 +/- Acres from Public Facilities to Medium Density Residential; and 2) Introduction and First reading of An Ordinance of the City of Arvin, California, Amending the Official Zoning Map, Heretofore Adopted by Section 17.06.020 of the Arvin Municipal Code, Being the Zoning Ordinance of the City of Arvin, for Zone Change 2023-01 – 4th Street and Campus Drive. The Ordinance proposes a Zone Change from Professional Office (C-O) and Mixed-Use Overlay (MUO) to R-3 Limited Multiple Family for the Project, Uncodified Ordinance; and Arvin City Council Meeting Agenda – May 23, 2023
3) Adoption of A Resolution of the City Council of the City of Arvin Approving the Associated Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Program for General Plan Amendment 2023-01 and Zone Change 2023-01 for the 4th Street and Campus Drive Project. (City Planner)
Staff recommends the City Council:
1) Approve the Resolution of the City Council of the City of Arvin for Tentative Approval of General Plan Amendment 2023-01 – 4th Street and Campus Drive by Approving the Change of Land Use Designation on 8.6 +/- Acres from Public Facilities to Medium Density Residential; and 2) Approve the introduction of the Ordinance to be read 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; and 3) Approve the Resolution of the City Council of the City of Arvin Approving the Associated Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Program for General Plan Amendment 2023-01 and Zone Change 2023-01 for the 4th Street and Campus Drive Project.
Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___ B. A Public Hearing to Consider:
1) Adoption of A Resolution of the City Council of the City of Arvin for Tentative Approval General Plan Amendment 2023-02 – Comanche Drive and Varsity Avenue by Approving the Change of Land Use Designation on
2.84 +/- Acres from Low Density Residential to High Density Residential; and
2) Introduction and First Reading of An Ordinance of the City of Arvin, California, Amending the Official Zoning Map, Heretofore Adopted by Section 17.06.020 of the Arvin Municipal Code, Being the Zoning Ordinance of the City of Arvin, for Zone Change 2023-02 – Comanche Drive and Varsity Avenue. The Ordinance proposes a Zone Change from R-1 Single Family Dwelling – PUD Planned Urban Development to R-4 Multiple Family Residential, Uncodified Ordinance; and
3) Adoption of A Resolution of the City Council of the City of Arvin Approving the Associated Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Program for General Plan Amendment 2023-02 and Zone Change 2023-02 for the Comanche Drive and Varsity Avenue Project.
Arvin City Council Meeting Agenda – May 23, 2023
Staff recommends the City Council:
1) Approve the Resolution of the City Council of the City of Arvin for Tentative Approval General Plan Amendment 2023-02 – Comanche Drive and Varsity Avenue by Approving the Change of Land Use Designation on
2.84 +/- Acres from Low Density Residential to High Density Residential; and
2) Approve the introduction of the Ordinance to be read 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; and 3) Approve the Resolution of the City Council of the City of Arvin Approving the Associated Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Program for General Plan Amendment 2023-02 and Zone Change 2023-02 for the Comanche Drive and Varsity Avenue Project.
Motion __________ Second __________ Vote __________
Roll Call: CM Murillo ___ CM Reyes ___ CM Horton ___ MPT Borreli ___ Mayor Trujillo ___
5. DISCUSSION ITEM(S)
A. Mobile Food Trucks (Mayor Trujillo)
6. STAFF REPORTS
A. American Rescue Plan Act (ARPA) Spending Update – April 2023 (City Manager)
7. COUNCIL MEMBER COMMENTS
8. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): five cases B. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code §54956.8):
Property: APN 190-270-01, 190-270-03, 190-270-05, 190-270-06 Arvin CA 93203
Arvin City Council Meeting Agenda – May 23, 2023
Agency Negotiator: City Manager
Negotiating Party: Arvin Walnut Properties and State Foods Markets Under Negotiation: Terms and method of payment
D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code
§54957.6):
Agency Negotiator: City Manager
Employee Organizations: Arvin Police Officers Association (APOA) and Central California Association of Public Employees SEIU Local 521.
E. PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code §54957)
Title: Chief of Police
F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to
Government Code §54957(b)(1)
Position: City Manager
G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to
Government Code §54957(b)(1)
Position: City Attorney
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 May 18, 2023.
Cecilia Vela, City Clerk
5/11/2023 1:09:42 PM Page 1 of 7
Payment Register
City of Arvin APPKT00387 - FOR AP 5/11/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1015
Vendor Number
AT&T MOBILITY
Total Vendor Amount
468.21
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 468.21
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 287251442687X04282023 PW + COMM DEV + CH CELL PHONES 03.23.23-04.22-23 04/22/2023 04/22/2023 0.00 468.21 1172
Vendor Number
BAKERSFIELD ANIMAL HOSPITAL
Total Vendor Amount
221.93
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 221.93
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5370645329 05.02.23 EUTHANASIA , GROUP CREMATION 05/02/2023 05/02/2023 0.00 221.93 1028
Vendor Number
BAKERSFIELD CALIFORNIAN 1ARV05
Total Vendor Amount
409.28
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 409.28
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 180954 CITY COUNCIL AMENDING ORDINANCE 03/30/2023 03/30/2023 0.00 409.28 1590
Vendor Number
CHRIS SORIANO
Total Vendor Amount
483.23
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 483.23
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PER DIEM FOR TRAINING PER DIEM FOR TRAINING MARCH 29-31, 2023 03/09/2023 03/09/2023 0.00 483.23 1045
Vendor Number
CLARK PEST CONTROL OF STOCKTON
Total Vendor Amount
533.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 533.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 33250109 COMM DEV 05.02.2023 05/02/2023 05/02/2023 0.00 93.00 33250147 JAILSIDE 200 CAMPUS DR 05/02/2023 05/02/2023 0.00 347.00 33250152 TRANSIT 05.02.2023 05/02/2023 05/02/2023 0.00 93.00 1204
Vendor Number
COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount
193.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 193.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 477720 MATERIAL FOR PW SHOP 04/20/2023 04/20/2023 0.00 35.03 478582 MATERIAL TO CONNECT HVAC FOR PW SHOP 04/26/2023 04/26/2023 0.00 20.75 478799 MATERIAL TO COVER GRAFFITI LLMD WALLS 04/28/2023 04/28/2023 0.00 7.77 479252 COMM CENTER MATERIAL FOR IRRIGATION VALVE 05/01/2023 05/01/2023 0.00 11.36 479269 MATERIAL FOR CITY PARKS 05/01/2023 05/01/2023 0.00 119.05
3.A.1
Attachment: Demand Register(s) of May 05, 2023 - May 18, 2023 (Demand Register(s) of May 05, 2023 - May 18, 2023.) Payment Register APPKT00387 - FOR AP 5/11/2023
5/11/2023 1:09:42 PM Page 2 of 7
1234
Vendor Number
CRITTERS WITHOUT LITTERS
Total Vendor Amount
4,050.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 4,050.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 225 DOGS SERVICES 4/29/2023225 DOGS SERVICES 4/29/2023 05/04/2023 05/04/2023 0.00 4,050.00 1057
Vendor Number
DEPARTMENT OF TRANSPORTATION - CASHIERING OFFICE
Total Vendor Amount
1,640.09
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 1,640.09
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SL230803 SIGNALS & LIGHTING JANUARY 2023- MARCH 2023 04/18/2023 04/18/2023 0.00 1,640.09 1193
Vendor Number
DIAMOND TECHNOLOGIES INC
Total Vendor Amount
9,122.24
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 9,122.24
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 33338MS MICROSOFT 365 FOR BUSINESS MAY 2023 05/01/2023 05/01/2023 0.00 1,253.90 33339 SECURECENTRIC + FIREWALL MAY 2023 05/01/2023 05/01/2023 0.00 7,868.34 1310
Vendor Number
ERIC REYES GUERRA
Total Vendor Amount
280.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 280.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0167 BUS WASH AND BUMPER SHINE 05.05.23 05/05/2023 05/05/2023 0.00 280.00 1100
Vendor Number
FERNANDO LOPEZ
Total Vendor Amount
480.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 480.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount
05.05.2023 INTERPRETER SERVICES 05.05.2023 05/05/2023 05/05/2023 0.00 480.00 1072
Vendor Number
GRANITE CONSTRUCTION
Total Vendor Amount
2,074.57
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 2,074.57
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2452077 MATERIAL FOR STREET REPAIRS 04/19/2023 04/19/2023 0.00 1,036.77 2452736 MATERIAL TO REPAIR STREETS 04/20/2023 04/20/2023 0.00 1,037.80 1582
Vendor Number
IAPE
Total Vendor Amount
65.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 65.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount M23-C680674 2023 IAPE MEMBERSHIP 03/27/2023 03/27/2023 0.00 65.00 1578
Vendor Number
J.P. COOKE CO.
Total Vendor Amount
205.13
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 205.13
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 777654 PLAIN ALUM LIC TAG FOR VACCINE CLINIC 04/20/2023 04/20/2023 0.00 205.13
3.A.1
Attachment: Demand Register(s) of May 05, 2023 - May 18, 2023 (Demand Register(s) of May 05, 2023 - May 18, 2023.) Payment Register APPKT00387 - FOR AP 5/11/2023
5/11/2023 1:09:42 PM Page 3 of 7
1587
Vendor Number
JOSE SANTOYO
Total Vendor Amount
23.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 23.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $23.00 REIMBURSEMENT OF $23.00 FOR DOG VACCINE CLINIC 05/03/2023 05/03/2023 0.00 23.00 1588
Vendor Number
KATY SUAREZ
Total Vendor Amount
23.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 23.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $23.00 REIMBURSEMENT OF $23.00 FOR DOG VACCINE CLINIC 05/03/2023 05/03/2023 0.00 23.00 1185
Vendor Number
KERN COUNTY ANIMAL SERVICES
Total Vendor Amount
29,750.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 29,750.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount R23-114580 AGREEMENT 1058-2001 JAN 2023-MARCH 2023 04/12/2023 04/12/2023 0.00 29,750.00 1050
Vendor Number
KERN COUNTY INFORMATION SERVICES - KERN ITS
Total Vendor Amount
210.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 210.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1160-05558 CJIS ACCSS LIC FEE APRIL 2023- JUNE 2023 04/18/2023 04/18/2023 0.00 210.00 1332
Vendor Number
MADLAND TOYOTA LIFT INC
Total Vendor Amount
581.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 581.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14000954 45 DAY INSPECTION UNIT 211 REPAIRED AIR LEAK 04/13/2023 04/13/2023 0.00 581.30 1102
Vendor Number
MOUNTAINSIDE DISPOSAL
Total Vendor Amount
214.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 214.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 704834 BIN RENT AND 4 YD ROLL OFF MAY 2023 05/01/2023 05/01/2023 0.00 214.18 1199
Vendor Number
MUNISERVICES / AVENU
Total Vendor Amount
687.01
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 687.01
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV06-016381 SUTA SERVICES ENDING DECEMBER 31,2022 04/20/2023 04/20/2023 0.00 195.83 INV06-016382 SUTA CA- Q4, 2022 QUARTER ENDING DEC 31, 2022 04/20/2023 04/20/2023 0.00 491.18 1108
Vendor Number
PG & E
Total Vendor Amount
26.28 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 26.28
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9307046200-2 03.24.23-04.24.239307046200-2 03.24.23-04.24.23 04/27/2023 04/27/2023 0.00 26.28
3.A.1
Attachment: Demand Register(s) of May 05, 2023 - May 18, 2023 (Demand Register(s) of May 05, 2023 - May 18, 2023.) Payment Register APPKT00387 - FOR AP 5/11/2023
5/11/2023 1:09:42 PM Page 4 of 7
1111
Vendor Number
PITNEY BOWES
Total Vendor Amount
244.56
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 244.56
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3106063627 LEASE 02.28.23-05.27.23 04/23/2023 04/23/2023 0.00 244.56 1346
Vendor Number
QUAD KNOPF INC
Total Vendor Amount
20,694.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 20,694.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 118224 VPM 12493 ON CALL PLANNING SVC 03.05.23-04.01.2023 04/11/2023 04/11/2023 0.00 1,233.00 118231 ON CALL PLANNING SVCS 03.05.2023-04.01.2023 04/11/2023 04/11/2023 0.00 580.50 118261 KOVACEVICH PARK FIELD OF DREAMS 04/11/2023 04/11/2023 0.00 18,881.00 1123
Vendor Number
SO CAL GAS CO
Total Vendor Amount
718.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 718.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SERVICES 03.27.23-04.25.23 SERVICES 03.27.23-04.25.23 04/27/2023 04/27/2023 0.00 718.32 1124
Vendor Number
SOUTHERN VALLEY CHEMICAL
Total Vendor Amount
643.82
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 643.82
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 060162 HERBICIDE TO BE APPLIED @LLMDS, PARKS, SUMPS 04/11/2023 04/11/2023 0.00 643.82 1125
Vendor Number
SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
1,580.19
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 1,580.19
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SERVICES APRIL 2022UNIFORM SERVICES APRIL 2022 04/28/2023 04/28/2023 0.00 1,580.19 1033
Vendor Number
SPECTRUM BUSINESS
Total Vendor Amount
108.99
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 108.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 168251101042123 PUBLIC WORKS SVC 04.29.23-05.28.23 04/21/2023 04/21/2023 0.00 108.99 1131
Vendor Number
TEL-TEC SECURITY SYSTEMS
Total Vendor Amount
55.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 55.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 812306 ARVIN ADOBE COMPLEX FIRE MONITORING MAY 2023 05/01/2023 05/01/2023 0.00 55.00 1353
Vendor Number
THOMSON REUTERS- WEST
Total Vendor Amount
822.70
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 822.70
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 847674002 SUBSCRIPTION CA PANEL CODE 2023 01/04/2023 01/04/2023 0.00 822.70
3.A.1
Attachment: Demand Register(s) of May 05, 2023 - May 18, 2023 (Demand Register(s) of May 05, 2023 - May 18, 2023.) Payment Register APPKT00387 - FOR AP 5/11/2023
5/11/2023 1:09:42 PM Page 5 of 7
1210
Vendor Number
WAGEWORKS INC
Total Vendor Amount
79.52 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/11/2023 79.52
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0423-TR39927 C2791 MNTHLY COMPLIANCE FEE COBRA APRIL 2023 05/08/2023 05/08/2023 0.00 79.52
3.A.1
Attachment: Demand Register(s) of May 05, 2023 - May 18, 2023 (Demand Register(s) of May 05, 2023 - May 18, 2023.) Payment Register APPKT00387 - FOR AP 5/11/2023
5/11/2023 1:09:42 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 42 31 0.00 76,689.01
Packet Totals: 42 31 0.00 76,689.01
3.A.1
Attachment: Demand Register(s) of May 05, 2023 - May 18, 2023 (Demand Register(s) of May 05, 2023 - May 18, 2023.) Payment Register APPKT00387 - FOR AP 5/11/2023
5/11/2023 1:09:42 PM Page 7 of 7
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -76,689.01
Packet Totals: -76,689.01
3.A.1
Attachment: Demand Register(s) of May 05, 2023 - May 18, 2023 (Demand Register(s) of May 05, 2023 - May 18, 2023.) 5/17/2023 3:29:47 PM Page 1 of 7
Payment Register
City of Arvin APPKT00393 - FOR AP 5/17/2023
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1150
Vendor Number
AT&T
Total Vendor Amount
963.43
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 963.43
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000019799879 9391033189 SERVICE 03.13.2023-04.12.2023 04/13/2023 04/13/2023 0.00 373.80 000019801642 9391056024 SERVICE 03.13.2023-04.12.2023 04/13/2023 04/13/2023 0.00 589.63 1047
Vendor Number
COMMUNICATION ENTERPRISES
Total Vendor Amount
420.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 420.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1115102 LTR 450 DISPATCH PW MAY2023 05/05/2023 05/05/2023 0.00 240.00 1115103 LTR 450 DISPATCH TRANSIT MAY2023 05/05/2023 05/05/2023 0.00 180.00 1591
Vendor Number
DEPARTMENT OF GENERAL SERVICES
Total Vendor Amount
419.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 419.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0000001507379 ELECTRONICS EVIDENCE FEE , ALJ HOURS 03/31/2023 03/31/2023 0.00 419.00 1193
Vendor Number
DIAMOND TECHNOLOGIES INC
Total Vendor Amount
5,732.39
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 2,390.56
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 33429 WARRANTY - DELL LATITUDE 1 YEAR RENEWAL 05/09/2023 05/09/2023 0.00 2,390.56 Check 05/17/2023 3,341.83
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34010963 DELL PWREDGE SERV LIC & EQUIP- WRKSTNS 5.08.23 05/08/2023 05/08/2023 0.00 3,341.83 1310
Vendor Number
ERIC REYES GUERRA
Total Vendor Amount
810.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 810.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0165 ARVIN PD FLEET WASH 05.02.2023 05/02/2023 05/02/2023 0.00 410.00 INV0168 ARVIN PD FLEET WASH 05.09.2023 05/09/2023 05/09/2023 0.00 400.00 1070
Vendor Number
GENERAL OFFICE
Total Vendor Amount
566.19
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 566.19
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 20944 METER READING FOR PD 04.01.23-05.01.23 05/04/2023 05/04/2023 0.00 45.65 20945 METER READING APD & COMM 04.01.23-05.01.23 05/04/2023 05/04/2023 0.00 520.54
3.A.1
Attachment: Demand Register(s) of May 05, 2023 - May 18, 2023 (Demand Register(s) of May 05, 2023 - May 18, 2023.) Payment Register APPKT00393 - FOR AP 5/17/2023
5/17/2023 3:29:47 PM Page 2 of 7
1153
Vendor Number
JAS PACIFIC
Total Vendor Amount
3,262.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 3,262.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PC 6614 PLANNING SVCS APRIL 2023 05/05/2023 05/05/2023 0.00 3,262.50 1417
Vendor Number
JESUS MARTINEZ
Total Vendor Amount
659.34
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 659.34
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8193 2017 FORD POLICE INTERCEPTOR REPLACED DISC PADS 05/10/2023 05/10/2023 0.00 659.34 1081
Vendor Number
JIM BURKE FORD
Total Vendor Amount
165.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 165.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1522432 PARTS- 272 KIT 04/03/2023 04/03/2023 0.00 132.96 724759 PLASTIC TRIM ON PASSENGER WINDOW NEEDS REPAIRS 04/04/2023 04/04/2023 0.00 33.00 1164
Vendor Number
KERN MACHINERY
Total Vendor Amount
115.87
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 115.87
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 101-1046215 PUMP FOR SPRAY TO APPLY HERBICIDE 04/26/2023 04/26/2023 0.00 115.87 1376
Vendor Number
KNORR SYSTEMS INC
Total Vendor Amount
3,452.13
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 3,452.13
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 198658 SPRAY PARK MAINT AGREEMENT 04/24/2023 04/24/2023 0.00 3,452.13 1332
Vendor Number
MADLAND TOYOTA LIFT INC
Total Vendor Amount
3,008.17
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 3,008.17
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14000572 UNIT 211 45 DAY INSPECTION 03/01/2023 03/01/2023 0.00 1,131.24 14000574.1 UNIT 207-EV 45 DAY INSPECTION - SHORT PAID 03/06/2023 03/06/2023 0.00 329.51 14000636 UNIT 211 HAS A COOLANT LEAK 02/28/2023 02/28/2023 0.00 208.26 14000951 UNIT 110 45 DAY INSPECTION 04/19/2023 04/19/2023 0.00 220.00 14000952 UNIT 203-EV 45 DAY INSPECTION 04/19/2023 04/19/2023 0.00 220.00 14000953 UNIT 207-EV 45 DAY INSPECTION 04/19/2023 04/19/2023 0.00 220.00 14000956 UNIT 205-EV 45 DAY INNSPECTION 04/19/2023 04/19/2023 0.00 220.00 15000021 UNIT 211 WINDSHIELD WASHER RESERVOIR CAP 01/04/2023 01/04/2023 0.00 19.16 64605614 UNIT 209 REPLACED DAMAGED PASSANGER MIRROR BRACKET03/02/2023 03/02/2023 0.00 440.00 1102
Vendor Number
MOUNTAINSIDE DISPOSAL
Total Vendor Amount
497,176.39
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 497,176.39
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PASS THROUGH PAYMENT PASS THROUGH PAYMENT 02.01.23-05.15.23 05/15/2023 05/15/2023 0.00 497,176.39
3.A.1
Attachment: Demand Register(s) of May 05, 2023 - May 18, 2023 (Demand Register(s) of May 05, 2023 - May 18, 2023.) Payment Register APPKT00393 - FOR AP 5/17/2023
5/17/2023 3:29:47 PM Page 3 of 7
1425
Vendor Number
NEXTALK INC
Total Vendor Amount
4,800.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 4,800.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 10933 SERVICE PERIOD 07.01.23-06.30.24 04/17/2023 04/17/2023 0.00 4,800.00 1424
Vendor Number
OPENGOV INC - DEPT 0370
Total Vendor Amount
29,466.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 29,466.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV00010642 ACCOUNTING AND FINANCE EXPORT 4.18.23-4.17.24 04/18/2023 04/18/2023 0.00 29,466.00 1184
Vendor Number
OREILLY AUTOMOTIVE INC
Total Vendor Amount
19.16 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 19.16
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4451-287139 WIRE TIES FOR TRANSIT 04/17/2023 04/17/2023 0.00 9.94 4451-288660 FOR FLEET WIPER FLUID 04/24/2023 04/24/2023 0.00 9.22 1110
Vendor Number
PACIFIC TIRE ARVIN
Total Vendor Amount
65.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 65.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32701 DST BALANCE 04/12/2023 04/12/2023 0.00 35.00
32706 UNIT 294 TIRE REPAIR 04/14/2023 04/14/2023 0.00 30.00 1449
Vendor Number
PRECISION CIVIL ENGINEERING (PCE)
Total Vendor Amount
5,397.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 5,397.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 27861 22-072 COFA - SB2 GRANT FUNDING 03/15/2023 03/15/2023 0.00 5,397.50 1113
Vendor Number
PRINTING SYSTEMS
Total Vendor Amount
247.65
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 247.65
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 227385 ENVELOPES - GOVERNMENT 2 04/24/2023 04/24/2023 0.00 112.41 227386 MUNICIPAL FORMS BUSINESS LICENSE 04/24/2023 04/24/2023 0.00 135.24 1114
Vendor Number
PUBLIC WORKS COUNTY OF KERN
Total Vendor Amount
251.42
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 251.42
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ARV 5/8/2023 ARV 5/8/2023 05/08/2023 05/08/2023 0.00 251.42 1126
Vendor Number
STAPLES BUSINESS ADVANTAGE
Total Vendor Amount
933.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 933.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1648384876 OFFICE SUPPLIES FOR THE CITY APR2023 04/25/2023 04/25/2023 0.00 933.26
3.A.1
Attachment: Demand Register(s) of May 05, 2023 - May 18, 2023 (Demand Register(s) of May 05, 2023 - May 18, 2023.) Payment Register APPKT00393 - FOR AP 5/17/2023
5/17/2023 3:29:47 PM Page 4 of 7
1145
Vendor Number
VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
169,614.87
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 169,614.87
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000091174 O & M SERVICES WASTEWATER MARCH 2023 04/24/2023 04/24/2023 0.00 169,614.87 1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
576.40
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 576.40
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9933628503 TRANSIT SVCS 03.29.23-4.28.23 04/28/2023 04/28/2023 0.00 576.40 1142
Vendor Number
WELLS FARGO LEASE PMTS
Total Vendor Amount
110.88
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 110.88
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5024853831 COMM DEV LEASE 04.21.23-05.20.23 04/25/2023 04/25/2023 0.00 110.88 1201
Vendor Number
WESTERN ALLIANCE BANK LOAN PMT
Total Vendor Amount
172,702.55
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 172,702.55
Payable Number Description Payable Date Due Date Discount Amount Payable Amount A#04500161025-61026 LOAN 04500161025-61026 WASTEWATER TREATMENT 03/31/2023 03/31/2023 0.00 172,702.55 1171
Vendor Number
WRIGHT NATIONL FLOOD INSURANCE COMPANY
Total Vendor Amount
9,001.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 9,001.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1150917163 FLOOD INSURANCE 141 N A ST OFC 1 03/30/2023 03/30/2023 0.00 2,593.00 2968084 414 4TH AVE 03/30/2023 03/30/2023 0.00 1,811.00 2968090 141 N A ST 03/30/2023 03/30/2023 0.00 2,794.00
2968099 141 N A ST OFC 2 03/30/2023 03/30/2023 0.00 1,803.00 1147
Vendor Number
ZEE MEDICAL SERVICE
Total Vendor Amount
127.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 127.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34-201163 FIRST AID SUPPLIES ARVIN TRANSIT 05/12/2023 05/12/2023 0.00 127.54 Bank: PY - Payroll Vendor Payables
1013
Vendor Number
ARVIN POLICE OFFICERS
Total Vendor Amount
800.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 800.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000693 APOA Dues 05/12/2023 05/12/2023 0.00 800.00
1017
Vendor Number
CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
915.31
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 915.31
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000694 SEIU Dues 05/12/2023 05/12/2023 0.00 53.88
INV0000695 SEIU Dues 05/12/2023 05/12/2023 0.00 861.43
3.A.1
Attachment: Demand Register(s) of May 05, 2023 - May 18, 2023 (Demand Register(s) of May 05, 2023 - May 18, 2023.) Payment Register APPKT00393 - FOR AP 5/17/2023
5/17/2023 3:29:47 PM Page 5 of 7
1312
Vendor Number
FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/17/2023 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0000697 ALEX GHAZARIAN 05/12/2023 06/15/2023 0.00 300.00
3.A.1
Attachment: Demand Register(s) of May 05, 2023 - May 18, 2023 (Demand Register(s) of May 05, 2023 - May 18, 2023.) Payment Register APPKT00393 - FOR AP 5/17/2023
5/17/2023 3:29:47 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 47 28 0.00 910,064.60
Packet Totals: 47 28 0.00 910,064.60
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check43 0.00 2,015.31
Packet Totals:
43 0.00 2,015.31
3.A.1
Attachment: Demand Register(s) of May 05, 2023 - May 18, 2023 (Demand Register(s) of May 05, 2023 - May 18, 2023.) Payment Register APPKT00393 - FOR AP 5/17/2023
5/17/2023 3:29:47 PM Page 7 of 7
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -912,079.91
Packet Totals: -912,079.91
3.A.1
Attachment: Demand Register(s) of May 05, 2023 - May 18, 2023 (Demand Register(s) of May 05, 2023 - May 18, 2023.)
3.B.1
Attachment: Payroll Register(s) of May 12, 2023 (Payroll Register(s) of May 12, 2023)
3.B.1
Attachment: Payroll Register(s) of May 12, 2023 (Payroll Register(s) of May 12, 2023)
3.B.1
Attachment: Payroll Register(s) of May 12, 2023 (Payroll Register(s) of May 12, 2023) Arvin City Council Meeting Minutes – May 09, 2023
REGULAR MEETING MINUTES
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /
ARVIN PUBLIC FINANCING AUTHORITY
MAY 09, 2023
CALL TO ORDER @ 6:00PM
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL: All present.
1. APPROVAL OF AGENDA AS TO FORM.
Motion to approve the Agenda with removal of Staff Reports Agenda Item 6A.
Motion CM Horton Second MPT Borreli Vote 5-0
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 April 21, 2023 – May 04, 2023.
B. Approval of Payroll Register(s) of April 28, 2023.
C. Approval of the Minutes of the Regular Meeting(s) of April 25, 2023.
D. Approval of A Proclamation Proclaiming May 2023 as Community Action Month.
Staff recommends approval of the Consent Agenda.
Motion to approve Consent Agenda Items 3A – 3D.
Motion MPT Borreli Second CM Murillo Vote 5-0
3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of May 09, 2023 (Minutes of the Regular Meeting(s) of May 09, 2023.) Arvin City Council Meeting Minutes – May 09, 2023
4. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Adoption of An Ordinance of the City Council of the City of Arvin Amending Ordinance 2022-479 Which Established Title 8, Chapter 8.29, Section 8.29.05 Commercial Cannabis Activity of the Arvin Municipal Code To Permit A Limited Number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis and May Permit Store Front Sales in the Industrial, Agricultural and Bear Mountain Central Business District. (City Manager)
Staff recommends the City Council consider adopting the Ordinance to be read 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.
Hearing opened.
Public Testimony: Five (5) members of the community spoke in opposition of the Ordinance and one (1) member of the community spoke in favor of the Ordinance.
Hearing closed.
Motion to deny the adoption of the Ordinance.
Motion Mayor Trujillo Second CM Murillo Vote 5-0
5. SUCCESSOR AGENCY ITEM(S)
A. Consideration and Approval of A Resolution of the Board of Directors of the Successor Agency to the Dissolved Arvin Community Redevelopment Agency Declaring Certain Successor Agency-Owned Real Properties to be Exempt Surplus Land and Certain Other Successor Agency-Owned Properties to be Surplus Land and Directing the Executive Director to Follow the Procedures Set Forth in the Surplus Land Act for the Sale of Such Properties. (City Manager)
Staff recommends approval of the Resolution.
Motion to approve the Resolution.
Motion Mayor Trujillo Second MPT Borreli Vote 5-0
Resolution No. 2023-19
6. STAFF REPORTS
A. American Rescue Plan Act (ARPA) Spending Update – April 2023 (City Manager)
Above Staff Reports Agenda Item 6A was removed from the Agenda.
7. COUNCIL MEMBER COMMENTS
3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of May 09, 2023 (Minutes of the Regular Meeting(s) of May 09, 2023.) Arvin City Council Meeting Minutes – May 09, 2023
8. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): six cases B. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) C. Conference with Legal Counsel: Liability Claims (Pursuant to Cal. Govt. Code § 54956.95)
Claimant: Minako Toyama
Against: City of Arvin
D. Conference with Legal Counsel: Liability Claims (Pursuant to Cal. Govt. Code § 54956.95)
Claimant: Juan R. Rico – AIMs File No. FR101259; RMA Claim No. 21665.
Against: City of Arvin
E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code §54956.8):
Property: APN 190-270-01, 190-270-03, 190-270-05, 190-270-06 Arvin CA 93203
Agency Negotiator: City Manager
Negotiating Party: Arvin Walnut Properties and State Foods Markets Under Negotiation: Terms and method of payment
F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to
Government Code §54957(b)(1)
Position: City Attorney
CLOSED SESSION REPORT BY CITY ATTORNEY:
8A. (1) Case removed from closed session.
(2) Council gave direction to City Staff re: continuance. (3) Update was provided to the City Council. No reportable action taken. (4) The City Council provided direction to City Staff to provide investigative report at next meeting.
(5) The City Council provided direction to City Staff to provide investigative final findings at next meeting.
(6) The City Council provided direction to City Staff concerning code enforcement action.
8B. Update was provided to the City Council. No reportable action taken. 8C. The claim was denied.
8D. The claim is conditionally approved subject to the claimant providing receipt for phone as no dollar amount was demanded in the claim.
8E. Update was provided to the City Council. No reportable action taken. 8F. The City Council provided direction to City Staff.
3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of May 09, 2023 (Minutes of the Regular Meeting(s) of May 09, 2023.) Ar
vinCity Council Meeting Minutes– May 09,2023
Page4of 4
9. ADJOURNED @ 8:40PM
Respectfully submitted, Cecilia Vela, City Clerk
3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of May 09, 2023 (Minutes of the Regular Meeting(s) of May 09, 2023.)
3.D.1
Attachment: Request for Letter of Authorization_Used Oil Payment Program 2023-2024_052323 (Used Oil Payment Program (OPP) FY 2023- May 24, 2023
To: CalRecycle
Sent via email to: [email protected]
Rachel Woodard, Kern County Public Works Department
Operations and Maintenance Division
RE: Letter of Authorization
I am the City Manager of the City of Arvin. I am authorized to contractually bind the City of Arvin. Pursuant to this authority, I hereby authorize the County of Kern to submit a regional Used Oil Payment Program (OPP) application and act as Lead Agency on behalf of the City of Arvin.
The County of Kern is hereby authorized to execute all documents necessary to implement and secure payment under the OPP.
Sincerely,
Jeff Jones, City Manager
(661) 854-3134
[email protected]
MAYOR
Olivia Trujillo
MAYOR PRO TEM
Daniel Borreli
COUNCIL MEMBERS
Donny Horton
Susana Reyes
Juan Murillo
CITY MANAGER
Jeff Jones
Phone (661) 854-3134
Fax (661) 854-0817
200 Campus Drive
P.O. Box 548
Arvin, California 93203
CITY OF ARVIN
3.D.2
Attachment: City of Arvin Authorization Letter_Used Oil Payment Program 2023-2024_052323 (Used Oil Payment Program (OPP) FY 2023-2024)
CITY OF ARVIN
Staff Report
Meeting Date: May 23, 2023
TO: ARVIN CITY COUNCIL
FROM: MEGAN MILLER, HUMAN & COMMUNITY RESOURCES MANAGER
JEFF JONES, CITY MANAGER / FINANCE DIRECTOR
SUBJECT: APPROVAL AND ADOPTION OF THE SPECIAL INVESTIGATOR SCOPE OF WORK, AND
EMPLOYMENT AGREEMENT
BACKGROUND:
The Special Investigator classification is a new concept for the City of Arvin and is to be used on a limited duration basis to assist us in setting a strong foundation in the investigation’s bureau.
With that, the city desires to use the experience, specialized skills, and knowledge of Annuitant for a limited duration to provide services as an employee of the city. Annuitant desires to be employed by the City and is willing to do so under the terms and conditions set forth in the attached agreement. The City Manager has identified and appointed a CalPERS Retired Annuitant to complete the projects within the Special Investigator scope of work.
The scope of work is centered around building the investigations bureau well and mentoring the internal APD investigators. However, arguably the most important factor in this position, is cold case review and follow up; this affording justice for victims and their families and prosecution of the alleged perpetrator(s).
Scope of work and employment agreement are for a CalPERS Retired Annuitant, Extra Help, Limited Duration and in accordance with Government Code §§ 21224 and 7522.56.
STAFF RECOMMENDATION:
Approval and adoption of the Special Investigator scope of work, and corresponding employment agreement.
FINANCIAL IMPACT:
Cost not to exceed $46,080.00, funded via ARPA Funds.
ATTACHMENTS:
Attachment 1: Special Investigator Scope of Work
Attachment 2: Special Investigator Employment Agreement
3.E.1
Attachment: Special Investigator Staff Report 52323 (Special Investigator Scope of Work and Employment Agreement)
CITY OF ARVIN
SPECIAL INVESTIGATOR
SCOPE OF WORK
DEPARTMENT: POLICE DEPARTMENT
FLSA STATUS: EXEMPT
UNIT: UNREPRESENTED
GRADE: RETIRED ANNUITANT – EXTRA HELP
SCOPE OF WORK
The Special Investigator is designated as a Retired Annuitant – Extra Help, Limited Duration Appointment.
Project List is as Follows:
Train and mentor Investigator(s) and build up Investigations Bureau Cold case review and follow-ups
Review of traffic collision Investigation follow-ups
DUI investigation follow-ups
MINIMUM QUALIFICATIONS
Sufficient experience and education to demonstrate the knowledge and skills listed and to perform the essential duties is required. A typical way of obtaining the required qualifications is:
Education:
Equivalent to a four (4) year degree from an accredited college or university in criminal justice, law enforcement, police science, public or business administration or a related field.
Experience:
Ten (10) years of increasingly responsible law enforcement investigative experience in all major phases of police work
Other Requirements:
• Must be a United States citizen (including naturalization). • Valid California driver's license and satisfactory driving record. • Must be willing to work various shifts and holidays.
• Must not have been convicted of any misdemeanor or felony in this state or any other state or federal jurisdiction which carries a penalty of prohibiting ownership, possession, or control of a firearm (12021 (c) PC).
WORKING CONDITIONS
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
3.E.2
Attachment: Special Investigator Scope of Work (Special Investigator Scope of Work and Employment Agreement) Emergency Services/Deputy Chief
Work is performed primarily indoors in an air-conditioned office environment with natural and fluorescent lighting and moderate noise level. There may be some travel to different sites and incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings. Position requires prolonged sitting, standing, walking; and occasional kneeling, squatting and stooping in the performance of daily activities. While performing the duties of this job, the employee is regularly exposed to video display terminals. The position also requires repetitive hand movement and fine coordination in data entry and preparing reports using a computer keyboard. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus. Acute hearing is required when providing phone and personal service. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 35 pounds.
RETIRED ANNUITANT
The position will be in full compliance with CalPERS retired annuitant guidelines and in accordance with California Public Employees Retirement Law. (Pursuant to California Government Code §§ 21224 and 7522.56)
Position is designated as a retired annuitant, extra help, limited duration position to include but not limited to: salary within range, will not exceed 960 hours in fiscal year, will not have any other benefits or compensation.
HISTORY
Approved by:
Date:
3.E.2
Attachment: Special Investigator Scope of Work (Special Investigator Scope of Work and Employment Agreement) AGREEMENT NO. __________
EMPLOYMENT AGREEMENT
(Pursuant to California Government Code §§ 21224 and 7522.56) This Retired Annuitant Employment Agreement (“AGREEMENT”) is made and entered into between the City Arvin (“City”) and Aaron Taylor (“Annuitant”) in order to provide, in writing, the terms and conditions of employment for the position of Special Investigator the City and Annuitant are individually referred to as a “Party” and may be referred to collectively as the “Parties.”
RECITALS
1. The City has an immediate need for extra help to provide specialized skills in public safety on a temporary, limited duration, part-time basis; and
2. Retired Annuitant possesses the necessary specialized skills, and is competent and qualified to perform the services required by this Agreement; and
3. City seeks to engage Retired Annuitant on a temporary basis in an extra help capacity, and Retired Annuitant desires to accept employment in this capacity, in consideration of the terms, conditions and benefits set forth in this Agreement; and
4. This Agreement is in accordance with California Government Code Sections 7522.56 and 21224. Annuitant is a California Public Employees’ Retirement System (“CalPERS”) service retiree. Annuitant is agreeing to this post-service retirement appointment pursuant to the provisions of Government Code sections 21224 and 7522.56. The requirements of Government Code sections 21224 and 7522.56 are deemed incorporated into this AGREEMENT in full.
NOW THEREFORE, In consideration of this matter described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties of this Agreement agree as follows:
1. EMPLOYMENT. The City desires to use the experience, specialized skills, and knowledge of Annuitant for a limited duration to provide services as an employee of the City. Annuitant desires to be employed by the City and is willing to do so under the terms and conditions set forth in this AGREEMENT. Therefore, the City Manager appoints Annuitant to perform the duties of Special Investigator.
Annuitant acknowledges that he will be an at-will, exempt, temporary employee of City, and that he shall serve at the pleasure of the City Manager. Nothing in this Agreement is intended to, or does, confer upon Annuitant any right to any property interest in continued employment, or due process rights, including but not limited to a hearing before or after a decision by the City Manager to terminate his employment.
Nothing contained in this Agreement shall in any way prevent, limit, or otherwise interfere with the right of City to terminate the services of Annuitant. Nothing in this Agreement
3.E.3
Attachment: Special Investigator Retired Annuitant Employment Agreement (Special Investigator Scope of Work and Employment Agreement) shall prevent, limit, or otherwise interfere with the right of Annuitant to resign at any time from this position with City, subject only to the provisions set forth in paragraph 7 herein.
2. TERM OF EMPLOYMENT – Subject to earlier termination as provided for in this AGREEMENT, Annuitant shall be employed for a term beginning May 2023 and ending no later than December 2024, or earlier if all the special projects identified above are completed before the end date of the AGREEMENT.
3. SCOPE OF SERVICES – Annuitant agrees to perform the duties of Extra Help – Special Investigator as set forth in the attached job description. Annuitant will report to the City Manager or designee, and shall comply with all City rules, policies, guidelines, regulations, and laws.
4. REASONABLE TIME AND EFFORT – During Annuitant’s employment, Annuitant shall devote such time, interest and effort to the performance of Annuitant’s duties under this AGREEMENT as may be fairly and reasonably necessary. In no event shall Annuitant work more than 960 hours for the City and any other CalPERS contracting agency combined in a fiscal year (July 1-June 30).
5. COMPENSATION AND BENEFITS – City agrees to compensate Annuitant at $48.00 per hour for all services provided under this Agreement. Payments from City to Annuitant shall be made during the normal payroll cycles of other City employees.
City has reviewed and compared the hourly rate set forth in this Section with other employees performing comparable duties and the hourly rate set forth in this Section does not exceed such other employee's compensation.
Annuitant agrees and acknowledges that he shall not perform any services under this Agreement exceeding a total of nine hundred sixty (960) hours during any fiscal year (July 1 to June 30) inclusive of any hours worked during the same period for other CalPERS employers as a retired annuitant. Annuitant shall record her hours on a pre-approved timesheet that shall be submitted to the City every week. The Parties agree that City has no way of monitoring the hours that Annuitant works for another CalPERS employer. As such, it is Annuitant's responsibility to ensure that the total hours worked for City and any other CalPERS employer do not exceed 960 hours during the fiscal year.
The position is a temporary, hourly assignment which is generally not expected to exceed 40 hours per week. The City, through the City Manager or designee, will assign Annuitant hours to work. Due to the nature of the position, it is understood that the workday and work week hours may vary, however Annuitant shall not work overtime (i.e. in excess of 40 hours per week) as payment of overtime is prohibited under Government Code Section 7522.56.
Annuitant understands and agrees that there are no other benefits, incentives, compensation in lieu of benefits or other forms of compensation in addition to the hourly pay rate set forth in this Section. Annuitant is not a member of any bargaining unit nor covered by the
3.E.3
Attachment: Special Investigator Retired Annuitant Employment Agreement (Special Investigator Scope of Work and Employment Agreement) terms of any memorandum of understanding between the City and any represented or unrepresented employees.
6. INDEMNIFICATION BY EMPLOYER – Subject to the provisions of, and as required by, Government Code sections 825, 995.2, and all other statutory/case law conditions precedent to provision of defense and/or indemnification, the City shall indemnify and hold Annuitant harmless for any acts or decisions made by Annuitant in the course and scope of employment.
Said duty to defend, indemnify and save harmless shall include, without limitation, any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, that is asserted by a third-party other than the City and arises out of an alleged act or omission occurring in the performance of Annuitant’s duties or resulting from his exercise of judgment or discretion in connection with the performance of his duties or responsibilities, unless the act or omission involved Annuitant’s criminal act, or willful or wanton misconduct. Annuitant shall promptly give written notice of any claim, threatened claim or litigation. Provided that prompt written notice is given, Annuitant may request, and the City shall not unreasonably refuse to provide independent legal representation with legal counsel selected by City at City's expense. Legal representation, provided by City for Annuitant shall extend until a final determination of the legal action including all appeals brought by either Party, and will be provided under a reservation of rights to not pay any judgment, compromise or settlement if it is established by a judicial decision or jury verdict after completion of all appeals that the claim arose out of an act that fell outside the scope of Annuitant’s duties and employment or was the result of a criminal act, or willful or wanton misconduct of Annuitant. Any settlement or compromise of any claim must be made with prior approval of City, which approval shall not be unreasonably withheld or delayed in order for indemnification, as provided in this Section, to be available. Any duty of City to defend or indemnify Annuitant is contingent upon Annuitant’s full, open and honest cooperation with defense counsel for City and Annuitant. Said duties of defense, indemnity and cooperation shall survive the termination of employment under this Agreement
7. TERMINATION OF AGREEMENT – The City may terminate this AGREEMENT with or without cause at any time by providing written notice of such action to Annuitant. In such event, Annuitant has no right to appeal the termination of this AGREEMENT or Annuitant’s employment, in any forum. Annuitant also has the right to terminate this AGREEMENT and his employment at any time by providing written notice of such action to the City.
Annuitant acknowledges that he is an at-will, temporary employee of City who shall serve at the pleasure of the City Manager and shall be subject to termination from employment by the City Manager at any time, with or without advance notice or cause. The terms of City’s personnel rules, policies, regulations, procedures, ordinances, and resolutions regarding City personnel do not modify this agreement as to at-will status. Annuitant understands and agrees there is no property right in continued City employment, and there
3.E.3
Attachment: Special Investigator Retired Annuitant Employment Agreement (Special Investigator Scope of Work and Employment Agreement) is no right to any pre- or post-deprivation administrative hearing or other due process upon termination of this Agreement.
8. IMPACT UPON CALPERS BENEFITS – At the time that this AGREEMENT is entered into, Government Code sections 21224 and 7522.56 allow a CalPERS retiree to perform work not to exceed a total of 960 hours in any fiscal year for all CalPERS contracting employers without being reinstated from retirement without loss or interruption of CalPERS retirement benefits, under certain circumstances. However, it is agreed and acknowledged by the Parties that in making this AGREEMENT, Annuitant will hold the City, its elected officials, officers, employees, agents, attorneys and assigns harmless in the event CalPERS or any other person or entity in any way challenges this AGREEMENT, including but not limited to, challenges to Annuitant’s entitlement to CalPERS’ benefits or seeks Annuitant’s reinstatement into active CalPERS membership and/or recovery of retirement benefits already paid. Annuitant shall indemnify and defend the City for the payment of any employee and employer contributions to CalPERS related to Annuitant’s post-retirement earnings, as well as for the payment of any administrative or other penalties and interest on such contributions, which would otherwise be the responsibility of the City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Annuitant shall not qualify for or become entitled to, and hereby agrees to waive any claims to, any compensation, benefit, or any incident of employment by the City, except for the hourly rate set forth above.
The City makes no representation, promises, guarantees, or warranties, express or implied, on the impact, if any, this Agreement may have on Annuitant’s California Public Employees’ Retirement System (“CalPERS”) retirement benefits, status, duties, or obligations. Annuitant acknowledges that in entering into this Agreement, he has not relied upon any representations by the City regarding the impact of this Agreement on his retirement benefits.
9. NOTICE. Notices required pursuant to this Agreement shall be given by personal service, U.S. Postal Service prepaid first class mail, or traceable overnight delivery service (e.g.
FedEx or equivalent) addressed as follows:
CITY:
City of Arvin
Attention: City Manager
200 Campus Drive
Arvin, CA 93203
ANNUITANT:
Aaron Taylor
Address set forth in Employee's Personnel File
10. MISCELLANEOUS
a. By signing this agreement Annuitant is certifying that Annuitant has not received unemployment insurance payments within the past 12 months arising from work performed as a retiree for any public employer.
3.E.3
Attachment: Special Investigator Retired Annuitant Employment Agreement (Special Investigator Scope of Work and Employment Agreement) b. Annuitant has read each and every part of this Agreement and Annuitant freely and voluntarily has entered into this Agreement. This Agreement is a negotiated document and shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions. c. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjusted shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
d. This Agreement, including the exhibits, represents the entire and integrated agreement between City and Annuitant and supersedes all prior negotiations, representations, or agreements, either written or oral. e. This Agreement may be executed in any number of counterparts. Any such counterpart when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same agreement. f. This Agreement will be construed in accordance with and governed by the laws in the State of California. In the event that suit shall be brought by any of the parties, the parties agree that venue shall be in the Superior Court of the County of Kern.
Annuitant shall comply with all applicable laws, rules, policies, and guidelines.
Annuitant agrees and acknowledges that the State of California and the governing body of the California Public Employees’ Retirement System enact strict laws, regulations and guidelines relating to services provided by “retired annuitants” to public agencies contracting with the California Public Employees’ Retirement System. Annuitant agrees to comply with all applicable laws, regulations and guidelines relating to the services provided under this Agreement g. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
h. This Agreement may not be amended or modified except in a written document signed by the appointee, approved by the City Council, and signed by City’s Mayor or authorized designee.
11. ADVICE OF COUNSEL – It is recommended by the City that prior to entering into this AGREEMENT, Annuitant first consult with legal counsel retained by Annuitant at Annuitant’s own expense, and that Annuitant thereby personally determine what, if any, impact this AGREEMENT and the performance of the services set forth in this AGREEMENT, will or may have upon Annuitant’s CalPERS retirement benefits. By signing this AGREEMENT, Annuitant is acknowledging that Annuitant understands the
3.E.3
Attachment: Special Investigator Retired Annuitant Employment Agreement (Special Investigator Scope of Work and Employment Agreement) statutory and regulatory limitations on post-retirement work, that Annuitant is eligible for lawful post-retirement work, and will not exceed those limitations.
12. CITY MANAGER APPROVAL – This AGREEMENT shall be of no force and effect unless or until approved by the City Manager of the City.
EXECUTED ON THE DATES SET FORTH BELOW
Signatures:
By: ___________ By: ___________
Aaron Taylor Olivia Trujillo
Mayor
City of Arvin
Dated: _______________________________ Dated: ______________________________
3.E.3
Attachment: Special Investigator Retired Annuitant Employment Agreement (Special Investigator Scope of Work and Employment Agreement)
Staff Report 4th St and Campus Dr Project - GPA 2023-01 and ZC 2023-01.
CITY OF ARVIN
Staff Report
Meeting Date: May 23, 2023
TO: Arvin City Council
FROM: Chris Soriano, City Planner
Jeffrey Jones, City Manager/Finance Director
Jake Raper, Contract Planner
SUBJECT: A Public Hearing to Consider:
1) Adoption of A Resolution of the City Council of the City of Arvin for Tentative Approval of General Plan Amendment 2023-01 – 4
th Street and Campus Drive by Approving the Change
of Land Use Designation on 8.6 +/- Acres from Public Facilities to Medium Density Residential; and
2) Introduction and First Reading of An Ordinance of the City of Arvin, California, Amending the Official Zoning Map, Heretofore Adopted by Section 17.06.020 of the Arvin Municipal Code, Being the Zoning Ordinance of the City of Arvin, for Zone Change 2023-01 – 4 th Street
and Campus Drive. The Ordinance proposes a Zone Change from Professional Office (C-O) and Mixed-Use Overlay (MUO) to R-3 Limited Multiple Family for the Project, Uncodified Ordinance; and
3) Adoption of A Resolution of the City Council of the City of Arvin Approving the Associated Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Program for General Plan Amendment 2023-01 and Zone Change 2023-01 for the 4th Street and Campus Drive Project.
BACKGROUND: The Planning Commission, at the conclusion of their public hearing on May 2, 2023, and upon the results of the Initial Study and implementation implementation of the Housing Element Goals which has identified the need for additional lands for high density housing to accommodate future growth, recommended that the City Council approve the project.
The Project site is located on the east side of North Walnut Street between Grapevine Drive and Bear Mountain Boulevard, approximately 215 feet west of the intersection of 4th Street and Campus Drive. The site consists of four (4) parcels identified by the Kern County Assessor as Assessor’s Parcel Numbers (APNs) 190-260-08 (1.43 acres), 190-260-02 (2.29 acres), 190-260- 06 (4.53 acres; portion), and 190-260-01 (0.61 acres) totaling approximately 8.86 acres (gross).
The project under consideration proposes to amend the general plan land use designation and rezone the property to Medium Density Residential and R-3 Limited Multiple Family. The project is in implementation of the 2023 Housing Element goals and policies which has identified the need to provide additional opportunities for housing. The General Plan estimates a population increase of more than 20,000, which is double the existing population. In addition, the 2013-2023 Housing Element indicates a need for 1,168 residential units. The City of Arvin, Lead Agency,
4.A.1
Attachment: 1-Staff Report 4th St and Campus Dr GPA 2023-01 and ZC 2023-01_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA
Staff Report 4th St and Campus Dr Project - GPA 2023-01 and ZC 2023-01. considers the Project site to have development potential and proposes to change the land use designation and zone district to facilitate future higher density residential development.
APPLICANT – PROPERTY OWNER INFORMATION:
Applicant: Property Owner:
City of Arvin
Community Development Department
200 Campus Drive
Arvin, CA 93203
Contact: Chris Soriano, City Planner
City of Arvin
200 Campus Drive, Arvin, CA 93203
Helen-Jeanne Munter
1213 E. Maple Ave.
El Segundo, CA 90245-3259
SUMMARY OF PROJECT INFORMATION:
Project Address: No Address Assigned
Project Location: The Project site is located on the east side of North Walnut Street between Grapevine Drive and Bear Mountain
Boulevard approximately 215 feet.
Assessor Parcel No. and
Size:
(APNs) 190-260-08 (1.43 acres), 190-260-02 (2.29 acres), 190-260-06 (4.53 acres; portion) – City of Arvin, and 190-260- 01 (0.61 acres)
Zoning: C-2 PUD – General Commercial with Planned Urban Design Overlay Zone
General Plan Land Use
Designation
General Commercial
4.A.1
Attachment: 1-Staff Report 4th St and Campus Dr GPA 2023-01 and ZC 2023-01_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA
Staff Report 4th St and Campus Dr Project - GPA 2023-01 and ZC 2023-01.
PROJECT SITE LOCATION:
The Project site is located on the east side of North Walnut Street between Grapevine Drive and Bear Mountain Boulevard approximately 215 feet west of the intersection of 4th Street and Campus Drive. The site consists of four (4) parcels identified by the Kern County Assessor as Assessor’s Parcel Numbers (APNs) 190-260-08 (1.43 acres), 190-260-02 (2.29 acres), 190-260-06 (4.53 acres; portion), and 190-260-01 (0.61 acres) totaling approximately 8.86 acres (gross).
PROJECT ANALYSIS AND ENVIRONMENTAL REVIEW:
The Initial Study and supporting documentation is on file at the City Clerk’s Office located at 200 Campus Drive, Arvin, CA 93203. Based upon the conclusions of the Initial Study, results from consultation and public noticing, Staff is recommending that the Planning Commission recommend that the City Council adopt the resolution accepting the Mitigated Negative Declaration as the appropriate CEQA action and adopt a Mitigation Monitoring Program.
Precision Civil Engineering, Inc. (PCE) has prepared this Initial Study/Mitigated Negative Declaration (IS/MND) on behalf of the City of Arvin (City) to address the environmental effects of the proposed City of Arvin General Plan Amendment No. 2023-01 and Rezone No. 2023-01 for 4 th Street and Campus Drive (Project). This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et. seq. The City of Arvin is the Lead Agency for this proposed Project.
No physical development is proposed by the Project, the Initial Study analyzes the potential buildout of the Project site at a programmatic level, using reasonable assumptions so that future development of the site can tier from this Initial Study pursuant to CEQA Guidelines Section 15168(c)(1) and 15168(d) for evaluations of environmental issues associated with later activities/subsequent projects. However, depending on the final design of future physical development, additional project specific CEQA review may be required as determined by the City through the entitlement review and approval process.
4.A.1
Attachment: 1-Staff Report 4th St and Campus Dr GPA 2023-01 and ZC 2023-01_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA
Staff Report 4th St and Campus Dr Project - GPA 2023-01 and ZC 2023-01.
For the purposes of the analysis contained in the Initial Study, the vision for the Project site is high density residential development containing multiple-family dwellings, whereby “multiple-family dwelling” is defined as “a building or portion thereof, designed for or occupied by three (3) or more families living independently of each other” pursuant to AMC Section 17.02.210. Therefore, the assumed “project” to be analyzed in this Initial Study is a multiple-family dwelling that is developed in accordance with the General Plan and AMC. Specifically, the assumed maximum density of the proposed Project is 24 dwelling units per acre, which is consistent with the modifications to the Medium Density Residential land use designation under the proposed General Plan Amendment and the modifications to the R-3 zone district under the proposed Development Code Text Amendment. With this assumed maximum density, buildout of the Project site could yield a maximum of 212 multi-family residential units (calculation: 24 dwelling units per acre multiplied by 8.86 acres equals 212.64).
The Precision Civil Engineering, Inc. (PCE), under contract with the City of Arvin, has prepared a series of studies that have analyzed the potential infrastructure and service needs and has completed an appropriate environmental study which is applicable to proposed project. Various studies include traffic, water, and sewer that address the infrastructure needs to serve the project.
Other analyses completed were air quality, aesthetics, biological resources, greenhouse gas emissions, population and housing, agricultural resources, cultural resources, hazards and hazardous materials, mineral resources, public services, tribal cultural resources, geology and soils, hydrology and water, noise, recreation and utilities and service systems.
Conclusions of these studies and the completion of the Initial Study for the project have resulted in the preparation of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program. The filing and public notice has been submitted for public review and comment as required by the California Environmental Quality Act.
Summary of Mitigation Monitoring and Reporting Program has identified the following:
Cultural Resources - MM CUL-1 – ground disturbance – exposing buried cultural resources; Cultural Resources – MM CUL-2 – discovery of human remains – Stop work and notification County Coroner.
Hazards and Hazardous Material – MM HAZ-1 – requires Phase I Environmental Site Assessment – Residential projects.
Hazards and Hazardous Material – MM HAZ-2 – fill material as identified by CA Dept of Toxic Substance Control – Grading Permit.
Noise – MM NOI-1 – Noise from construction equipment, fixed or mobile – review to ensure separation.
Noise – MM NOI-2 – Limitation of heavy equipment within 25 feet of existing structures.
CEQA NOTICING AND CONSULTATION:
PUBLIC NOTICE: The City provide a Notice of Intent to adopt a Mitigated Negative Declaration in compliance with section 15072 and in compliance with subsection b, published the Intent to Adopt a Mitigated Negative Declaration in the local newspaper providing a 30-day notice and mailed same notice to properties within 300 feet of the proposed project and provided a 10- days prior to the project hearing. Upon approval or conditional approval of the project, Staff will, at the direction of the City Council, file a Notice of Determination reflecting the action of the City Council.
4.A.1
Attachment: 1-Staff Report 4th St and Campus Dr GPA 2023-01 and ZC 2023-01_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA
Staff Report 4th St and Campus Dr Project - GPA 2023-01 and ZC 2023-01.
GENERAL PLAN LAND USE AMENDMENT AND ZONE CHANGE - PROJECT OVERVIEW – SITE INFORMATION:
This Project is funded by SB 2 grant funding for the purpose of providing additional opportunities for housing, in line with the goals contained in the Arvin General Plan and 2021- 2023 Housing Element. The General Plan estimates a population increase of more than 20,000, which is double the existing population. In addition, the 2013-2023 Housing Element indicates a need for 1,168 residential units. The City of Arvin, Lead Agency, considers the Project site to have development potential and proposes to change the land use designation and zone district to facilitate future higher density residential development.
The Project site as it currently exists is vacant with no onsite improvements or structures. Street frontage is limited to 4th Street; the southeastern portion of the site abuts 4th Street, a two (2)-lane local street that dead ends into the Project site. Street improvements on the developed portion of 4 th Street include curb, gutter, and sidewalks. There are overhead utilities along the eastern portion of the Project site, in addition to an improved alleyway that provides access to adjoining properties.
The Project site is generally surrounded by a mix of commercial uses and public facilities. As referenced in Table Error! No text of specified style in document.-1, (Excerpt from Initial Study) there are existing commercial and public facilities to the north, south, and east of the site. North Walnut Street abuts the site to the west. The properties to the north and south are planned for commercial uses, and the properties to the east are planned for public facilities, and properties to the west beyond North Walnut Street are planned for parks. Properties to the north and east are zoned for professional office uses; properties to the west beyond North Walnut Street are zoned for open space; and the property to the south is zoned for commercial uses with a Planned Unit Development zone district overlay.
Table Error! No text of specified style in document.-1 Existing Uses, General Plan Designations, and Zone Districts of Surrounding Properties
Direction
from the
Project
site
Existing Land Use Planned Land
Use Zone District
North Water Reservoir Tank, Rehabilitation center
(Windsor Post-Acute Center of Arvin)
General
Commercial
C-O – Professional
Office; MUO – Mixed
Use Overlay
South Commercial (Dollar Tree, DaVita Arvin
Dialysis)
General
Commercial
C-2 – Commercial; PUD
– Planned Unit
Development
East
Public Facilities (Arvin DMV, Arvin
Community Services District, Kern County
Fire Station 54)
Public
Facilities C-O – Professional Office
West North Walnut Street; Park Parks O-S – Open Space
4.A.1
Attachment: 1-Staff Report 4th St and Campus Dr GPA 2023-01 and ZC 2023-01_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA
Staff Report 4th St and Campus Dr Project - GPA 2023-01 and ZC 2023-01.
EXISTING GENERAL PLAN LAND USE DESIGNATION AND ZONING: Currently, the 2018 Arvin General Plan Land Use Designation is Public Facilities. The Arvin General Plan (General Plan), the Public Facilities designation allows “public and semi-public facilities other than parks, including but not limited to, city halls, public libraries, police and fire departments.
The designation also includes quasi-public facilities such as public utility facilities, hospitals, water wells, and similar uses.”
The project site is currently zoned Professional Office (C-O) and Mixed-Use Overlay (MUO) zone districts as shown below.
Existing General Plan Land Use Designation Existing Zoning Classification
4.A.1
Attachment: 1-Staff Report 4th St and Campus Dr GPA 2023-01 and ZC 2023-01_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA
Staff Report 4th St and Campus Dr Project - GPA 2023-01 and ZC 2023-01.
PROPOSED GENERAL PLAN LAND USE DESIGNATION AND ZONING:
The City and the private property owner are requesting approval for a General Plan Amendment and zone change of 8.86/- acres. The requested Land Use Designation is Medium Density Residential. The General Plan has established the Medium Density Residential land use designation to allow for quality multifamily living environments. This category typically includes higher density single-family residential developments, two-family residential development, or lower density multi-family units such as duplexes, apartments, or condominium units. The residential density for the Medium Density Residential land use designation is 16 to 21 dwelling units per acre. The density assumption in the environmental analysis is 24 units per acre. The proposed zone changes of the 8.86+/- Acres to R-3 – Limited Multiple-Family Dwelling zone district will permit a residential density range of up to 212 residential units.
Proposed General Plan Land Use Designation Proposed Zoning Classification PUBLIC HEARING NOTICE AND NOTICE TO THE SURROUNDING PROPERTIES:
Public hearing notice was published on May 13, 2023, providing a 10-day review, in accordance with Government Code Sections 65355 and 65090. In addition, properties within 300 feet of the project site were mailed a notice of the City Council public hearing date of May 23, 2023 on May 11, 2023. (Public Hearing Notice on File at the City Clerk’s Office).
CONSULTATION WITH CALIFORNIA NATIVE AMERICAN TRIBES:
The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the CEQA Guidelines. Pursuant to PRC Section 21080.3.1, the lead agency shall begin consultation with the California Native American tribe that istraditionally and culturally affiliated with the geographical area of the proposed project.
Such significant cultural resources are either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register, or, the lead agency, at its discretion, and support by substantial evidence, choose to treat the resources as a Tribal Cultural Resources (PRC Section 21074(a)(1-2)). According to the most recent census data, California is home to 109 currently recognized Indian tribes.
4.A.1
Attachment: 1-Staff Report 4th St and Campus Dr GPA 2023-01 and ZC 2023-01_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA
Staff Report 4th St and Campus Dr Project - GPA 2023-01 and ZC 2023-01.
Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See PRC Section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provisions specific to confidentiality.
A consultation list of tribes with traditional lands or cultural places located within Kern County was requested and received from the California Native American Heritage Commission (NAHC) on August 8, 2022. The listed tribes include Big Pine Paiute Tribe of the Owens Valley, Coastal Band of the Chumash Nation, Kitanemuk and Yowlumne Tejon Indians, Tejon Indian Tribe, and Tule River Indian Tribe. The NAHC also conducted a Sacred Lands File (SFL) check which received negative results.
The City of Arvin conducted formal tribal consultation pursuant to AB 52 (Chapter 532, Statutes 2014) and SB 18 (Chapter 905, Statutes 2004) on August 19, 2022, and December 16, 2022, utilizing the consultation list of tribes received from the NAHC. The same five (5) tribes listed above were included in the formal consultation. Consultation for AB 52 ended on September 18, 2022, and January 15, 2023, and consultation for SB 18 ended on November 17, 2022, and March 16, 2023. No comments were received as a result of the tribal consultation.
RECOMMENDATION – CITY COUNCIL ACTION:
The Planning Commission, at the conclusion of their public hearing on May 2, 2023, and upon the results of the Initial Study and implementation of the Housing Element Goals which has identified the need for additional lands for high density housing to accommodate future growth, is recommending that the City Council approve the projects.
Staff is recommending that the tentative adoption of the resolution amending the General Plan Land Use Element GPA 2023-01 be approved but final adoption occur on June 20, 2023. State law limits the number of times a city may amend its General Plan elements to four (4) per calendar year. The city staff is aware of three projects that will require amendments to the Land Use Element. The projects are identified as GPA 2023-01, GPA 2023-02, and GPA 2023-03. The city may tentatively approve general plan amendments at various times of the calendar year and at an appropriate time adopt the various amendments under one resolution. This provides the city with opportunities to coordinate other amendments to its general plan and limiting its actions to four (4) times per calendar year in compliance with state law. The attached resolution identifies the tentative approval and anticipates the adoption date of July 11, 2023.
Three Actions are recommended:
1. Tentatively Approve the attached Resolution of the City of Arvin City Council Approval General Plan Amendment 2023-01 – 4
th Street and Campus Drive by approving the change
of Land Use Designation on 8.6 +/- Acres from Public Facilities to Medium Density Residential.
2. Introduce and waive the first reading of the attached “An Ordinance of The City of Arvin, California, Amending The Official Zoning Map, Heretofore Adopted By Section 17.06.020 Of The Arvin Municipal Code, Being The Zoning Ordinance Of The City Of Arvin, for
4.A.1
Attachment: 1-Staff Report 4th St and Campus Dr GPA 2023-01 and ZC 2023-01_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA
Staff Report 4th St and Campus Dr Project - GPA 2023-01 and ZC 2023-01.
Zone Change 2023-01 – 4
th Street and Campus Drive. The Ordinance proposes a Zone Change from Professional Office (C-O) and Mixed-Use Overlay (MUO) to R-3 Limited Multiple Family for the Project, Uncodified Ordinance.
3. Approve the attached Resolution of the City of Arvin City Council Approval for the associated Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Programs for GPA 2023-01 and ZC 2023-01 for the 4th Street and Campus Drive.
FINANCIAL IMPACT:
The project is funded by an SB2 Grant which off-set the costs of the consultant’s contract in the preparation of the investigation, environmental documentation, staff support in the review and preparation of the planning commission and city council reports.
END OF REPORT
Exhibits and Attachments:
• Resolution of the City of Arvin City Council Tentatively Approving General Plan Amendment 2023-01.
• Ordinance of the City Council - Uncodified Ordinance of the City of Arvin City Council Adopting Zone Change 2023-01 4th Street and Campus Drive Project. • Resolution of the City of Arvin City Council Adopting Mitigation Monitoring and Reporting Programs for GPA/ZC 2023-01 – 4
th Street and Campus Drive.
Documents on file at City Clerk’s Office:
1. Initial Study – City of Arvin General Plan Amendment No. 2023-01 and Rezone No. 2023- 01 for 4th Street and Campus Drive (Arvin, Ca) [appendices A, B, and C]
2. Public Hearing Notice and mailing labels – Notice of Intent to Adopt a Mitigated Negative Declaration for City Council meeting of May 23, 2023.
3. Filing Notice of Intent with Kern County Clerk’s Office to adopt a Mitigated Negative Declaration – Planning Commission meeting of May 2, 2023.
4.A.1
Attachment: 1-Staff Report 4th St and Campus Dr GPA 2023-01 and ZC 2023-01_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA Reso – Tentative Approval of GPA 2023-01 4
th Street and Campus Drive – CC Mtg 05/23/23
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
TENTATIVE APPROVAL GENERAL PLAN AMENDMENT 2023-01 - 4
TH
STREET AND CAMPUS DRIVE BY APPROVING THE CHANGE OF LAND USE DESIGNATION ON 8. 862+/- ACRES FROM PUBLIC FACILITIES TO
MEDIUM DENSITY RESIDENTIAL AND ASSOCIATED MITIGATED
NEGATIVE DECLARATION
WHEREAS, the City of Arvin (the “City”) has an adopted General Plan; and WHEREAS, the City Council Tentatively Approves the amendment to the general plan Land Use Element Diagram for the project and has scheduled the final approval on July 11, 2023 along with two other amendments to the Land Use Element and Land Use Diagram; WHEREAS, the City of Arvin and property owner has submitted applications to amend the General Plan Land Use Element for Assessor’s Parcel Numbers 190-260-08 (1.43 Acres); 190- 260-02 (2.29 acres), 190-260-01 (0.61 acres); and portion of 190-260-06 (4.53 acres) consisting of 8.86 +/- Acres from Public Facilities to Medium Density Residential; and WHEREAS, the 2013-2023 Housing Element indicates a need for 1,168 residential units.
The City of Arvin, Lead Agency, considers the Project site to have development potential and proposes to change the land use designation and zone district to facilitate future higher density residential development; and
WHEREAS, the City received comments from the various agencies which either verified that the propose project would not be detrimental to the various agencies ability to serve based upon either expanding and/or extending infrastructure needs of the agency, or designing the future development projects to meet standards and completion of improvements; and WHEREAS, the City retained the services of Precision Civil Engineering, Inc. (PCE), to prepare special studies to support the proposed amendments to the general plan that include; traffic studies, water analysis, wastewater treatment analysis, storm drainage analysis, air quality analysis, etc. providing assurance that the project could be served upon build out of the project; and WHEREAS, an environmental Initial Study and a Notice of Intent to Adopt a Mitigated Negative Declaration were prepared by the City, as lead agency, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines and the City CEQA Guidelines, and sent to all responsible and trustee agencies and posted in the Office of the County Clerk; and,
WHEREAS, the Notice of Intent to adopt a Mitigated Negative Declaration was filed with the Kern County Clerk’s office and a public review period of thirty (30) from March 30, 2023 to April 28, 2023 was provided.
WHEREAS, copies of the environmental document and general Plan Amendment 2023-01 4 th
Street and Campus Drive were made available for public inspection during public review period at the City Clerk’s office and the City of Arvin Community Development Department, 141 Plumtree Drive, Arvin, California and on the City’s website; and,
4.A.2
Attachment: 2-Reso GPA 2023-01 4th St and Campus Dr_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023-01 & ZC 2023-01) Reso – Tentative Approval of GPA 2023-01 4
th Street and Campus Drive – CC Mtg 05/23/23
WHEREAS, during the 30-day public review period of the Initial Study and Notice of Intent to adopt the Mitigated Negative Declaration, the City received no inquires requesting additional information and received four emails, comment letters, and one objection by email; WHEREAS, the City properly noticed the May 23, 2023 hearing before the City Council for the proposed Amendment pursuant to Government Code sections 65090 and 65091 by publication in the newspaper and provided notice to all property owners within 300 feet of the proposed projects; and
WHEREAS, proof of the published public hearing notice and verification of the 300-foot property owner public hearing notice is on file at the City Clerks’ office; and WHEREAS, the project, including General Plan Amendment 2023-01, is consistent with the underlying intent and purpose of the General Plan; and NOW, THEREFORE, the City Council of the City of Arvin (the “Council”) find, determine, resolve and order as follows:
1. The above recitals are true and correct.
a. The Initial Study is on file at the City Clerks office located at 200 Campus Drive, Arvin, CA 93203.
b. The resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring Program reflects the City's independent judgement and analysis. c. On the basis of the whole record, including the Initial Study, and any comments received and the responses to said comments, that there is no substantial evidence that the project, collectively or singularly, will have a significant effect on the environment.
d. The project mitigation imposed, as described in the Initial Study and supporting documents, will avoid any potentially significant effects to a point where there are no significant adverse impact on the environment would occur with the mitigation imposed.
Based on the foregoing, the City Council adopts the Mitigated Negative Declaration for the project as the project will not result in any significant, adverse, environmental impacts with the mitigation imposed. Additionally, the City Council adopts the associated Mitigation Monitoring and Reporting Program for the Project.
The City Clerk located at 200 Campus Dr, Arvin, CA 93203 shall serve as the custodian of all documents or other material which constitutes the record of proceedings upon which the adoption of the Mitigated Negative Declaration is based.
4.A.2
Attachment: 2-Reso GPA 2023-01 4th St and Campus Dr_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023-01 & ZC 2023-01) Reso – Tentative Approval of GPA 2023-01 4
th Street and Campus Drive – CC Mtg 05/23/23
The City Council directs, City Manager, or designee, to execute and file with the Kern County Clerk, within five business days of the final adoption of the resolution (July 11, 2023), an approval of the project a Notice of Determination that complies with CEQA Guidelines, section 15075.
2. The City Council finds that it is in the public interest to amend the General Plan as proposed by General Plan Amendment 2023-01, and the City Council approves the General Plan Amendment 2023-01 as reflected on the Land Use Diagram — Exhibit A.
3. This Resolution shall become effective immediately.
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 23 rd day of May 2023 by the following
vote:
AYES:________________________________________________________________________ NOES:________________________________________________________________________ ABSTAIN: ____________________________________________________________________ ABSENT: _____________________________________________________________________ ATTEST
CITY OF ARVIN CECILIA VELA, City Clerk
By:
OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group
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.
4.A.2
Attachment: 2-Reso GPA 2023-01 4th St and Campus Dr_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023-01 & ZC 2023-01) Reso – Tentative Approval of GPA 2023-01 4
th Street and Campus Drive – CC Mtg 05/23/23
EXHIBIT A
GENERAL PLAN LAND USE DESIGNATION: MEDIUM RESIDENTIAL RESIDENTAIL AMENDMENTS GPA 2023-01 - 4
TH STREET AND CAMPUS DRIVE
ASSESSOR PARCEL NUMBERS:
190-260-08 (1.43 Acres)
190-260-02 (2.29 acres)
190-260-01 (0.61 acres).
Portion of 190-260-06 (4.53
acres)
Total Project Area:
Consisting of 8.86 +/-
4.A.2
Attachment: 2-Reso GPA 2023-01 4th St and Campus Dr_CC Mtg 052323 (Public Hearing: 4th St & Ordinance Amending Official Zoning Map – Zone Change 2023-01 R-3 – Limited Multiply – Residential (4th St & Campus Dr)
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
AMENDING THE OFFICIAL ZONING MAP, HERETOFORE ADOPTED
BY SECTION 17.06.020 OF THE ARVIN MUNICIPAL CODE, BEING THE
ZONING ORDINANCE OF THE CITY OF ARVIN, FOR ZONE CHANGE
2023-01 (4TH STREET AND CAMPUS DRIVE)
WHEREAS, the City of Arvin (the "City") has an adopted General Plan and zoning ordinance; and
WHEREAS, the requested zone change from Professional Office (C-O) and Mixed Use Overlay (MUO) to R-3 Limited Multiple Family for the following are: Assessor’s Parcel Numbers 190-260-08 (1.43 Acres); 190-260-02 (2.29 acres), 190-260-01 (0.61 acres); and portion of 190- 260-06 (4.53 acres) consisting of 8.86 +/- Acres; and
WHEREAS, the City and the property owner has proposed 8.86 Acres for R-3 Medium Residential Housing to assist in the implementation of the 2013-2023 Housing Element goals, polices, and work programs; and
WHEREAS, the 2013-2023 Housing Element indicates a need for 1,168 residential units.
The City of Arvin, Lead Agency, considers the Project site to have development potential and proposes to change the land use designation and zone district to facilitate future higher density residential development; and
WHEREAS, the City is concurrently considering General Plan Amendment 2023-01 for the project site; and
WHEREAS, an environmental Initial Study and a Notice of Intent to Adopt a Mitigated Negative Declaration were prepared by the City, as lead agency, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines and the City CEQA Guidelines, and sent to all responsible and trustee agencies and posted in the Office of the County Clerk; and
WHEREAS, the Notice of Intent to adopt a Mitigated Negative Declaration was filed with the Kern County Clerk’s office and a public review period of thirty (30) from March 30, 2023 to April 28, 2023 was provided; and
WHEREAS, copies of the environmental document and general Plan Amendment 2023- 01 4th Street and Campus Drive were made available for public inspection during public review period at the City Clerk’s office and the City of Arvin Community Development Department, 141 Plumtree Drive, Arvin, California and on the City’s website; and WHEREAS, during the 30-day public review period of the Initial Study and Notice of Intent to adopt the Mitigated Negative Declaration, the city received no inquires requesting additional information and received four emails, comment letters, and one objection by email; and
4.A.3
Attachment: 3-Ordinance Rezone 4th Street and Campus_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023-01 & ZC 2023-01) Ordinance Amending Official Zoning Map – Zone Change 2023-01 R-3 – Limited Multiply – Residential (4th St & Campus Dr)
WHEREAS, the City properly noticed the May 23, 2023 City Council meeting to consider the proposed General Plan Amendment 2023-01and provided notice to all property owners within 300 feet of the proposed projects and notices to other public agencies; and WHEREAS, proof of the published public hearing notice and verification of the 300-foot property owner public hearing notice is on file at the City Clerks’ office; and WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred; and WHEREAS, approval of ZC 2023-01 is warranted given public necessity, convenience, general welfare, and good zoning practices; and
WHEREAS, the City Council intends to adopt Zone Change 2023-01, including the associated Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Programs, for the project contingent upon approval of a resolution adopting General Plan Amendment 2013-01.
NOW, THEREFORE, the City Council of the City of Arvin does ordain as follows:
Section 1. The above recitals are true and correct.
Section 2. The City Council finds that public necessity, convenience, general welfare, or good zoning practices justify adoption of Zone Change 2023-01. Specifically, the change is consistent with the General Plan goals and policies, any operative plan, or adopted policy. The change implements adopted polices of the General Plan Land Use Element in that the overall density complies is consistent with the General Plan. Approval of the change would assist with the implementation of the 2013-2023 Housing Element Goals and Policies in providing opportunity site for high density residential development. The change is also consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner, and to promote and protect the public health, safety, peace, comfort, and general welfare. The change is also necessary for good zoning practices to achieve the balance of land uses desired by the City and to provide sites for needed housing, consistent with the General Plan any applicable operative plan, or adopted policy.
Additionally:
a. Zone Change 2023-01 is consistent with the General Plan in that the rezoning directly implements adopted polices of the General Plan Land Use Element in that the overall density is in compliance.
b. Zone Change 2023-01, assists in the implementation of the Housing Element in providing opportunity site for high density residential development, provides for additional housing stock, and provides for additional affordable housing. c. The area subject to Zone Change 2023-01 is physically suitable for the proposed type of and intensity of development in that the site is flat with no unique geologic characteristics visible.
Section 3. The City Council adopts Zone Change 2023-01, which rezones Assessor’s Parcel Numbers 190-260-08 (1.43 Acres); 190-260-02 (2.29 acres), 190-260-01 (0.61 acres); and
4.A.3
Attachment: 3-Ordinance Rezone 4th Street and Campus_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023-01 & ZC 2023-01) Ordinance Amending Official Zoning Map – Zone Change 2023-01 R-3 – Limited Multiply – Residential (4th St & Campus Dr)
portion of 190-260-06 (4.53 acres) consisting of 8.86 +/- Acres and is located on the east side of North Walnut Street between Grapevine Drive and Bear Mountain Boulevard approximately 215 feet west of the intersection of 4th Street and Campus Drive to R-3 Limited Multiple Family.
Section 4. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published, in accordance with Government Code, Section 36933, or as otherwise required by law.
Section 5. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 23rd day of May 2023, and adopted the Ordinance after the second reading at a regular meeting held on the ______ day of _____________________ 2023, by the following roll call 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
Exhibit A: Zoning Designation Map for GPA/ZC 2033-01 4th Street and Campus Drive.
I, _________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
4.A.3
Attachment: 3-Ordinance Rezone 4th Street and Campus_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023-01 & ZC 2023-01) Ordinance Amending Official Zoning Map – Zone Change 2023-01 R-3 – Limited Multiply – Residential (4th St & Campus Dr)
EXHIBIT A
ZONE AMENDMENT: R-3 - LIMITED MULTIPLE -FAMILY
ZONE CHANGE NO. 2023-01 - 4
TH STREET AND CAMPUS DRIVE
ASSESSOR PARCEL NUMBERS:
190-260-08 (1.43 Acres)
190-260-02 (2.29 acres)
190-260-01 (0.61 acres).
Portion of 190-260-06 (4.53
acres)
Total Project Area:
Consisting of 8.86 +/-
4.A.3
Attachment: 3-Ordinance Rezone 4th Street and Campus_CC Mtg 052323 (Public Hearing: 4th St & Reso Adopting Mitigation Monitoring and Reporting Check List – 4 th Street and Campus Drive GP and ZC 2023 -01
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN FOR
ADOPTION OF THE ASSOCIATED MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING REPORTING AND
APPLICABLE PROGRAMS FOR GENERAL PLAN AMENDMENT 2023-
01 AND ZONE CHANGE 2023-01 FOR THE 4TH STREET AND CAMPUS DRIVE PROJECT.
WHEREAS, in March and April 2023, applications were submitted for a General Plan Amendment and Zone Change, now referred to as GPA and ZC 2023-01 (4 th Street and Campus
Drive); and
WHEREAS, the City of Arvin and property owner has submitted applications to amend the General Plan Land Use Element for Assessor’s Parcel Numbers 190-260-08 (1.43 Acres); 190- 260-02 (2.29 acres), 190-260-01 (0.61 acres); and portion of 190-260-06 (4.53 acres) consisting of 8.86 +/- Acres from Public Facilities to Medium Density Residential; and WHEREAS, the requested zone change from Zone Change from Professional Office (CO) and Mixed-Use Overlay (MUO) to R-3 Limited Multiple Family for Assessor’s Parcel Numbers 190-260-08 (1.43 Acres); 190-260-02 (2.29 acres), 190-260-01 (0.61 acres); and portion of 190- 260-06 (4.53 acres) consisting of 8.86 +/- Acres; and
WHEREAS, the City and the property owner has proposed 8.86 Acres for Medium Residential Housing to assist in the implementation of the 2013-2023 Housing Element goals, polices, and work programs; and
WHEREAS, the 2013-2023 Housing Element indicates a need for 1,168 residential units.
The City of Arvin, Lead Agency, considers the Project site to have development potential and proposes to change the land use designation and zone district to facilitate future higher density residential development.
WHEREAS, the City is concurrently considering General Plan Amendment 2023 for the project site; and
WHEREAS, an environmental Initial Study and a Notice of Intent to Adopt a Mitigated Negative Declaration were prepared by the City, as lead agency, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines and the City CEQA Guidelines, and sent to all responsible and trustee agencies and posted in the Office of the County Clerk; and
WHEREAS, the Notice of Intent to adopt a Mitigated Negative Declaration was filed with the Kern County Clerk’s office and a public review period of thirty (30) from March 30, 2023 to April 28, 2023 was provided; and
4.A.4
Attachment: 4-Reso Mitigation Monitoring Reporting_4th St and Campus Dr_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023- Reso Adopting Mitigation Monitoring and Reporting Check List – 4 th Street and Campus Drive GP and ZC 2023 -01
WHEREAS, copies of the environmental document for the GPA and ZC 2023-01 4th Street and Campus Drive were made available for public inspection during public review period at the City Clerk’s office and the City of Arvin Community Development Department, 141 Plumtree Drive, Arvin, California and on the City’s website; and WHEREAS, during the 30-day public review period of the Initial Study and Notice of Intent to adopt the Mitigated Negative Declaration, the City received no inquires requesting additional information and received four emails, comment letters, and one objection by email; and WHEREAS, an environmental Initial Study and a Notice of Intent to Adopt a Mitigated Negative Declaration were prepared by the City, as lead agency, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines and the City CEQA Guidelines, and sent to all responsible and trustee agencies and posted in the Office of the County Clerk; and
WHEREAS, the City conducted public hearings and has approved the general plan amendments and zone changes; and
NOW, THEREFORE, the City Council adopt the Mitigation Monitoring Reporting Program, Exhibit A for the project referred to as the 4 th Street and Campus Drive Project and
hereby finds, determines, resolves and orders as follows:
1. The above recitals are true and correct.
2. The City Council adopts the Mitigation Monitoring Reporting Program for the 4th Street and Campus Drive Project – GPA – ZC 2023-01.
3. Staff is directed to file the Notice of Determination with the Kern County Recorder’s Office.
4. The City Clerk Office is designated as the repository for the CEQA Documents.
5. This Resolution shall become effective immediately.
//////
//////
//////
//////
//////
//////
//////
4.A.4
Attachment: 4-Reso Mitigation Monitoring Reporting_4th St and Campus Dr_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023- Reso Adopting Mitigation Monitoring and Reporting Check List – 4 th Street and Campus Drive GP and ZC 2023 -01
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 23rd day of May 2023 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.
4.A.4
Attachment: 4-Reso Mitigation Monitoring Reporting_4th St and Campus Dr_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023- Reso Adopting Mitigation Monitoring and Reporting Check List – 4 th Street and Campus Drive GP and ZC 2023 -01
EXHIBIT A
Mitigation Monitoring Reporting and Applicable Programs 4 th Street and Campus Drive Project – GPA – ZC 2023 -01 Assessor’s Parcel Numbers (APNs) 190-260-08 (1.43 acres), 190-260-02 (2.29 acres), 190-260-06 (4.53 acres; portion), and 190-260-01 (0.61 acres) totaling approximately 8.86 acres (gross).
The Project site is located on the east side of North Walnut Street between Grapevine Drive and Bear Mountain Boulevard approximately 215 feet west of the intersection of 4th Street and Campus Drive.
Introduction
All public agencies are required by Section 15097 Mitigation Monitoring and Reporting to adopt monitoring programs when they approve proposed projects subject to environmental impact reports (EIR) or mitigated negative declarations (MND)that include mitigation measures to avoid significant adverse environmental impacts. The mitigation monitoring program is designed to ensure compliance with mitigation measures during project implementation in order to avoid significant adverse environmental impacts.
The law was passed in response to statewide historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval.
Monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures.
A definitive set of mitigation measures would include enough detailed information and enforcement procedures to ensure compliance with the mitigation measures. This mitigation monitoring program is designed to provide a mechanism to ensure compliance with both existing and proposed mitigation measures.
Applicant’s Signature and Commitment to Implement Mitigation Monitoring, Reporting, and Program:
________________________________________________ ________________________ Print Name: Chris Soriano, City Planner Signature: Date:
(As an authorized representative or agent, by the City of Arvin, I am authorized to sign, and I commit to the implementation of the Monitoring Program, Mitigation Measures as established herein.)
Monitoring Program Procedures
It is required that the City of Arvin use this mitigation monitoring program for the proposed project. The mitigation monitoring program should be implemented as follows:
The Community Development Department (CCD), or its designee, shall be responsible for coordination of the mitigation monitoring program. The CCD shall be responsible for completing the mitigation monitoring program and distributing the mitigation monitoring
4.A.4
Attachment: 4-Reso Mitigation Monitoring Reporting_4th St and Campus Dr_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023- Reso Adopting Mitigation Monitoring and Reporting Check List – 4 th Street and Campus Drive GP and ZC 2023 -01
program to the responsible individuals or agencies for their use in monitoring the mitigation measures. It is the responsibility of the CCD to convey to all individuals and agencies who will use this program, that it must be thoroughly read and understood in order to properly implement its mitigations.
Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring program have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency shall submit a copy of the mitigation monitoring program to the CCD to be placed in the project file.
If the mitigation measure has not been complied with, the mitigation monitoring program shall not be returned to the CCD.
Prior to the completion of the proposed project, the CCD shall review the mitigation monitoring program to ensure that all mitigation measures and additional conditions of project approval included in the mitigation monitoring program have been complied with.
If a responsible individual or agency determines that a non-compliance has occurred, a written notice shall be delivered by certified mail to the entity or individual responsible for the project within 10 days, with a copy to the CCD, describing the non-compliance and specifying the manner in which compliance within a specified period of time will be attained. If a noncompliance still exists at the expiration of the specified period of time, additional entitlements or construction may be halted and fines may be imposed at the discretion of the city.
Monitoring Program
The basis for this mitigation monitoring program is the existing mitigation measures contained in the Initial Study prepared by City of Arvin for the 4th Street and Campus Drive based upon various studies prepared by the applicant and correspondence received from responsible agencies and/or individuals. These mitigation measures become conditions of project approval which the project proponent is required to complete before, during, and after implementation of the proposed project.
4.A.4
Attachment: 4-Reso Mitigation Monitoring Reporting_4th St and Campus Dr_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023- Reso Adopting Mitigation Monitoring and Reporting Check List – 4 th Street and Campus Drive GP and ZC 2023 -01
Mitigation Monitoring and Reporting Checklist
for City of Arvin General Plan Amendment No. 2023-01
and Rezone No. 2023-01 for 4th Street and Campus Drive (Project) MAY 2023
Mitigation Measures Timing of
Verification
Compliance
Verified By
Verification of
Completion
Date Initials
Cultural Resources
Mitigation Measure CUL-1: In order to avoid the potential for impacts to historic and prehistoric archaeological resources, the following measures shall be implemented, as necessary, in conjunction with the construction of each phase of the Project:
a. Cultural Resources Alert on Project Plans. The project proponent shall note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources. b. Stop Work Near any Discovered Cultural Resources. The project proponent shall retain a professional archaeologist on an “on-call” basis during ground disturbing construction for the project to review, identify and evaluate cultural resources that may be inadvertently exposed during construction. Should previously unidentified cultural resources be discovered during construction of the project, the project proponent shall cease work within 100 feet of the resources, and City of Arvin shall be notified immediately. The archaeologist shall review and evaluate any discoveries to determine if they are historical resource(s) and/or unique archaeological resources under CEQA. c. Mitigation for Discovered Cultural Resources. If the professional archaeologist determines that any cultural resources exposed during construction constitute a historical resource and/or unique archaeological resource, he/she shall notify the project proponent and other appropriate parties of the evaluation and recommended The Planning
Division to review
specifications to
ensure inclusion of
provisions in projectspecific mitigation
measure. Planning
Division also to
review construction
specifications to
ensure inclusion of
provisions included
in mitigation
measure. Following
discovery of
previously unknown
resource, a qualified
historical resources
specialist shall
prepare
recommendations and
submit to the
Planning Division.
Timing for
recommendations
shall be established
Planning
Division
4.A.4
Attachment: 4-Reso Mitigation Monitoring Reporting_4th St and Campus Dr_CC Mtg 052323 (Public Reso Adopting Mitigation Monitoring and Reporting Check List –4
th Street and Campus Drive GP and ZC 2023
-01
mitigation measures to mitigate the impact to a less-than-significant level. Mitigation measures may include avoidance, preservation in- place, recordation, additional archaeological testing and data recovery, among other options. Treatment of any significant cultural resources shall be undertaken with the approval of the City of Arvin.
The archaeologist shall document the resources using DPR 523 forms and file said forms with the California Historical Resources Information System, Southern San Joaquin Valley Information Center. The resources shall be photo documented and collected by the archaeologist for submittal to the City of Arvin. The archaeologist shall be required to submit to the City of Arvin for review and approval a report of the findings and method of curation or protection of the resources. Further grading or site work within the area of discovery shall not be allowed until the preceding steps have been taken.
d. Disposition of Cultural Resources. Upon coordination with the City of Arvin, any pre-historic archaeological artifacts recovered shall be donated to an appropriate Tribal custodian or a qualified scientific institution where they would be afforded applicable cultural resources laws and guidelines.
by project-specific
mitigation measure.
Mitigation Measure CUL-2: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how The Planning
Division to review
specifications to
ensure inclusion of
provisions in project-
specific mitigation
measure.
Planning
Division
4.A.4
Attachment: 4-Reso Mitigation Monitoring Reporting_4th St and Campus Dr_CC Mtg 052323 (Public Reso Adopting Mitigation Monitoring and Reporting Check List –4
th Street and Campus Drive GP and ZC 2023
-01
to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment.
Hazards and Hazardous Material
Mitigation Measure HAZ-1: For all projects proposing residential development, a Phase I Environmental Site Assessment (ESA) is required prior to project approval.
To be completed
prior to approval of
entitlements.
Depending on results,
a Phase II assessment
may be required.
Planning
Division
Mitigation Measure HAZ-2: For all projects proposing fill material from a site containing or formerly containing an undesirable use, as identified in the California Department of Toxic Substances Control’s 2001 Information Advisory Clean Imported Materials, proper soil testing shall be conducted to ensure soil is free of contamination.
Prior to issuance of
grading permit.
Planning
Division
Noise
Mitigation Measure NOI-1: Prior to ground disturbing activities, the City of Arvin shall ensure the following with the Project proponent: • Construction equipment, fixed of mobile, shall be outfitted with properly operating and maintained mufflers.
• Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the Prior to issuance of
any grading or
construction permits,
the Planning Division
shall ensure that
project construction
specifications.
Planning
Division
4.A.4
Attachment: 4-Reso Mitigation Monitoring Reporting_4th St and Campus Dr_CC Mtg 052323 (Public Reso Adopting Mitigation Monitoring and Reporting Check List –4
th Street and Campus Drive GP and ZC 2023
-01
distance between construction equipment staging areas and occupied residential areas, and using electric air
compressors and similar power tools rather than diesel
equipment shall be used.
• During construction, stationary construction equipment shall be located so that emitted noise is directed away from or shielded from sensitive noise receivers.
• During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise-sensitive receptors.
Mitigation Measure NOI-2: The use of heavy construction equipment within 25 feet of existing structures shall be prohibited.
Prior to issuance of
any grading or
construction permits,
the Planning Division
shall ensure that
project construction
specifications.
Planning
Division
Tribal Cultural Resources
See Cultural Resources
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Attachment: 4-Reso Mitigation Monitoring Reporting_4th St and Campus Dr_CC Mtg 052323 (Public City of Arvin General Plan Amendment No. 2023-
01 and Rezone No. 2023-01 for 4th Street and
Campus Drive (Arvin, CA)
INITIAL STUDY / MITIGATED NEGATIVE DECLARATION
PUBLIC REVIEW DRAFT
MARCH 2023
Prepared for
City of Arvin
200 Campus Drive
Arvin, CA 93203
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Table of Contents
1 INTRODUCTION ....................................................................................................................................7
1.1 Regulatory Information .................................................................................................................7
1.2 Purpose of the Initial Study ...........................................................................................................7
1.3 Document Format......................................................................................................................... 8 2 ENVIRONMENTAL CHECKLIST FORM ....................................................................................................9
2.1 Project Title ...................................................................................................................................9
2.2 Lead Agency Name and Address ...................................................................................................9
2.3 Contact Person and Phone Number.............................................................................................. 9
2.4 Study Prepared By ......................................................................................................................... 9
2.5 Project Location............................................................................................................................. 9
2.6 Latitude and Longitude..................................................................................................................9
2.7 General Plan Designation ............................................................................................................12
2.8 Zoning..........................................................................................................................................12
2.9 Description of Project..................................................................................................................17
2.10 Project Setting and Surrounding Land Uses ................................................................................18
2.11 Required Project Approvals.........................................................................................................19
2.12 Technical Studies.........................................................................................................................19
2.13 Consultation with California Native American Tribes..................................................................20 3 DETERMINATION................................................................................................................................21
3.1 Environmental Factors Potentially Affected................................................................................21
3.2 Determination .............................................................................................................................21 4 EVALUATION OF ENVIRONMENTAL IMPACTS.....................................................................................23
4.1 AESTHETICS .................................................................................................................................23
4.1.1 Environmental Setting.........................................................................................................23
4.1.2 Impact Assessment..............................................................................................................24
4.1.3 Mitigation Measures ...........................................................................................................25
4.2 AGRICULTURE AND FORESTRY RESOURCES.................................................................................26
4.2.1 Environmental Setting.........................................................................................................26
4.2.2 Impact Assessment..............................................................................................................27
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4.2.3 Mitigation Measures ...........................................................................................................28
4.3 AIR QUALITY ................................................................................................................................29
4.3.1 Environmental Setting.........................................................................................................29
4.3.2 Impact Assessment..............................................................................................................35
4.3.3 Mitigation Measures ...........................................................................................................37
4.4 BIOLOGICAL RESOURCES .............................................................................................................38
4.4.1 Environmental Setting.........................................................................................................39
4.4.2 Impact Assessment..............................................................................................................40
4.4.3 Mitigation Measures ...........................................................................................................41
4.5 CULTURAL RESOURCES................................................................................................................42
4.5.1 Environmental Setting.........................................................................................................42
4.5.2 Impact Assessment..............................................................................................................44
4.5.3 Mitigation Measures ...........................................................................................................46
4.6 ENERGY........................................................................................................................................47
4.6.1 Environmental Setting.........................................................................................................47
4.6.2 Impact Assessment..............................................................................................................49
4.6.3 Mitigation Measures ...........................................................................................................50
4.7 GEOLOGY AND SOILS...................................................................................................................51
4.7.1 Environmental Setting.........................................................................................................52
4.7.2 Impact Assessment..............................................................................................................53
4.7.3 Mitigation Measures ...........................................................................................................56
4.8 GREENHOUSE GAS EMISSIONS....................................................................................................57
4.8.1 Environmental Setting.........................................................................................................57
4.8.2 Impact Assessment..............................................................................................................62
4.8.3 Mitigation Measures ...........................................................................................................65
4.9 HAZARDS AND HAZARDOUS MATERIAL.......................................................................................66
4.9.1 Environmental Setting.........................................................................................................66
4.9.2 Impact Assessment..............................................................................................................69
4.9.3 Mitigation Measures ...........................................................................................................71
4.10 HYDROLOGY AND WATER QUALITY.............................................................................................72
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4.10.1 Environmental Setting.........................................................................................................73
4.10.2 Impact Assessment..............................................................................................................75
4.10.3 Mitigation Measures ...........................................................................................................79
4.11 LAND USE AND PLANNING ..........................................................................................................80
4.11.1 Environmental Setting.........................................................................................................80
4.11.2 Impact Assessment..............................................................................................................80
4.11.3 Mitigation Measures ...........................................................................................................82
4.12 MINERAL RESOURCES..................................................................................................................83
4.12.1 Environmental Setting.........................................................................................................83
4.12.2 Impact Assessment..............................................................................................................83
4.12.3 Mitigation Measures ...........................................................................................................84
4.13 NOISE...........................................................................................................................................85
4.13.1 Environmental Setting.........................................................................................................85
4.13.2 Impact Assessment..............................................................................................................85
4.13.3 Mitigation Measures ...........................................................................................................87
4.14 POPULATION AND HOUSING.......................................................................................................88
4.14.1 Environmental Setting.........................................................................................................88
4.14.2 Impact Assessment..............................................................................................................88
4.14.3 Mitigation Measures ...........................................................................................................89
4.15 PUBLIC SERVICES .........................................................................................................................90
4.15.1 Environmental Setting.........................................................................................................90
4.15.2 Impact Assessment..............................................................................................................93
4.15.3 Mitigation Measures ...........................................................................................................94
4.16 RECREATION................................................................................................................................95
4.16.1 Environmental Setting.........................................................................................................95
4.16.2 Impact Assessment..............................................................................................................96
4.16.3 Mitigation Measures ...........................................................................................................96
4.17 TRANSPORTATION.......................................................................................................................97
4.17.1 Environmental Setting.........................................................................................................97
4.17.2 Impact Assessment............................................................................................................100
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4.17.3 Mitigation Measures .........................................................................................................102
4.18 TRIBAL CULTURAL RESOURCES..................................................................................................103
4.18.1 Environmental Setting.......................................................................................................103
4.18.2 Impact Assessment............................................................................................................103
4.18.3 Mitigation Measures .........................................................................................................104
4.19 UTILITIES AND SERVICE SYSTEMS ..............................................................................................105
4.19.1 Environmental Setting.......................................................................................................105
4.19.2 Impact Assessment............................................................................................................107
4.19.3 Mitigation Measures .........................................................................................................109
4.20 WILDFIRE...................................................................................................................................110
4.20.1 Environmental Setting.......................................................................................................110
4.20.2 Impact Assessment............................................................................................................110
4.20.3 Mitigation Measures .........................................................................................................111
4.21 MANDATORY FINDINGS OF SIGNIFICANCE................................................................................112
4.21.1 Impact Assessment............................................................................................................112 5 MITIGATION MONITORING AND REPORTING PROGRAM.................................................................114 6 REPORT PREPARATION .....................................................................................................................120 7 APPENDICIES.....................................................................................................................................121
7.1 Appendix A: CalEEMod Output Files..........................................................................................121
7.2 Appendix B: Biological Resources Assessment..........................................................................122
7.3 Appendix C: CHRIS Record Search Result ..................................................................................123 Figures
Figure 2-1 Regional Location Map of Project Site........................................................................................10 Figure 2-2 Assessor’s Parcel Number Map of Project Site...........................................................................11 Figure 2-3 City of Arvin General Plan Land Use Designation Map (Existing)................................................13 Figure 2-4 City of Arvin General Plan Land Use Designation Map (Proposed).............................................14 Figure 2-5 City of Arvin Zone District Map (Existing)...................................................................................15 Figure 2-6 City of Arvin Zone District Map (Proposed)................................................................................16 Figure 4-1 SJVAPCD’s GHG Thresholds of Significance ................................................................................60
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Tables
Table 2-1 Well Sites Located on Project Site ...............................................................................................18 Table 2-2 Existing Uses, General Plan Designations, and Zone Districts of Surrounding Properties ...........19 Table 4-1 SJVAPCD Recommended Air Quality Thresholds of Significance2F ...............................................33 Table 4-2 Construction Emissions of Criteria Air Pollutants, Unmitigated ..................................................35 Table 4-3 Operational Emissions of Criteria Air Pollutants, Unmitigated ....................................................35 Table 4-4 Project Energy Consumption.......................................................................................................50 Table 4-5 Project Greenhouse Gas Emissions (Metric Tons Per Year).........................................................63 Table 4-6 Scoping Plan Reduction Measures Consistency Analysis.............................................................63 Table 4-7 Hazardous Sites ...........................................................................................................................68 Table 4-8 Discussion on Land Use Policies in the General Plan ...................................................................81
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1 INTRODUCTION
Precision Civil Engineering, Inc. (PCE) has prepared this Initial Study/Mitigated Negative Declaration (IS/MND) on behalf of the City of Arvin (City) to address the environmental effects of the proposed City of Arvin General Plan Amendment No. 2023-01 and Rezone No. 2023-01 for 4 th Street and Campus Drive
(Project). This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et. seq. The City of Arvin is the Lead Agency for this proposed Project. The site and the proposed Project are described in detail in SECTION 2 ENVIRONMENTAL CHECKLIST FORM.
1.1 Regulatory Information
An Initial Study (IS) is a document prepared by a lead agency to determine whether a project may have a significant effect on the environment. In accordance with California Code of Regulations Title 14 (Chapter 3, Section 15000, et seq.), also known as the CEQA Guidelines, Section 15064 (a)(1) states that an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the proposed Project under review may have a significant effect on the environment and should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant levels.
A negative declaration (ND) may be prepared instead if the lead agency finds that there is no substantial evidence in light of the whole record that the project may have a significant effect on the environment.
An ND is a written statement describing the reasons why a proposed Project, not otherwise exempt from CEQA, would not have a significant effect on the environment and, therefore, why it would not require the preparation of an EIR (CEQA Guidelines Section 15371). According to CEQA Guidelines Section 15070, a ND or mitigated ND shall be prepared for a project subject to CEQA when either:
a. The IS shows there is no substantial evidence, in light of the whole record before the agency, that the proposed Project may have a significant effect on the environment, or b. The IS identified potentially significant effects, but:
1. Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed MND and IS is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur is prepared, and
2. There is no substantial evidence, in light of the whole record before the agency, that the proposed Project as revised may have a significant effect on the environment.
1.2 Purpose of the Initial Study
This Project is funded by SB 2 grant funding for the purpose of providing additional opportunities for housing, in line with the goals contained in the General Plan and Housing Element. The City of Arvin, Lead Agency, considers the Project site to have development potential and proposes to change the land use designation and zone district to facilitate future higher density residential development.
Although no physical development is proposed by the Project, this Initial Study analyzes the potential buildout of the Project site at a programmatic level, using reasonable assumptions so that future
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development of the site can tier from this Initial Study pursuant to CEQA Guidelines Section 15168(c)(1) and 15168(d) for evaluations of environmental issues associated with later activities/subsequent projects.
However, depending on the final design of future physical development, additional project specific CEQA review may be required as determined by the City through the entitlement review and approval process.
1.3 Document Format
This IS/MND contains five chapters plus appendices. SECTION 1 INTRODUCTION provides bases of the IS/MND’s regulatory information and an overview of the proposed Project. SECTION 2 ENVIRONMENTAL CHECKLIST FORM provides a detailed description of proposed Project components. SECTION 3 DETERMINATION concludes that the Initial Study is a mitigated negative declaration, identifies the environmental factors potentially affected based on the analyses contained in this IS, and includes with the Lead Agency’s determination based upon those analyses. SECTION 4 EVALUATION OF ENVIRONMENTAL IMPACTS presents the CEQA checklist and environmental analyses for all impact areas and the mandatory findings of significance. A brief discussion of the reasons why the Project impact is anticipated to be potentially significant, less than significant with mitigation incorporated, less than significant, or why no impacts are expected is included. SECTION 5 MITIGATION MONITORING AND REPORTING PROGRAM presents the mitigation measures recommended in the IS/MND for the Project.
The CalEEMod Output File, Biological Resources Assessment, and CHRIS Record Search Result are provided as Appendix A, Appendix B, and Appendix C respectively, at the end of this document.
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2 ENVIRONMENTAL CHECKLIST FORM
This section describes the components of the proposed Project in more detail, including project location, project objectives, and required project approvals.
2.1 Project Title
General Plan Amendment No. 2023-01 and Rezone No. 2023-01 for property at 4 th Street and Campus
Drive
2.2 Lead Agency Name and Address
City of Arvin
200 Campus Drive
Arvin, CA 93203
2.3 Contact Person and Phone Number
Lead Agency/Applicant
City of Arvin
Community Development Department, Planning Division
Attn. Chris Soriano, City Planner
(661) 606-6047
[email protected]
2.4 Study Prepared By
Precision Civil Engineering
1234 O Street
Fresno, CA 93721
(559) 449-4500
2.5 Project Location
The Project site is in the jurisdiction of the City of Arvin, Kern County, California (see Figure 2-1). The site is located on the east side of North Walnut Street between Grapevine Drive and Bear Mountain Boulevard approximately 215 feet west of the intersection of 4th Street and Campus Drive (see Figure 2-2). The site consists of four (4) parcels identified by the Kern County Assessor as Assessor’s Parcel Numbers (APNs) 190-260-08 (1.43 acres), 190-260-02 (2.29 acres), 190-260-06 (4.53 acres; portion), and 190-260-01 (0.61 acres) totaling approximately 8.86 acres (gross). 1 The site is a portion of Section 23,
Township 31 South, Range 29 East, Mount Diablo Base and Meridian. No site address has been assigned to date.
2.6 Latitude and Longitude
The centroid of the Project site is 35.21118497812168, -118.83491667124494. 1 APN 190-260-06 is approximately 5.67 total acres (gross). The Project would affect approximately 4.53 acres.
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Figure 2-1 Regional Location Map of Project Site
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Figure 2-2 Assessor’s Parcel Number Map of Project Site
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2.7 General Plan Designation
The Project site has an Arvin General Plan land use designation of Public Facilities(Figure 2-3).2 According to the Arvin General Plan (General Plan), the Public Facilities designation allows “public and semi-public facilities other than parks, including but not limited to, city halls, public libraries, police and fire departments. The designation also includes quasi-public facilities such as public utility facilities, hospitals, water wells, and similar uses.” The maximum floor area ratio (FAR) for the land use designation is 0.5.
The City of Arvin and private property owner (Applicant/Property Owner) propose a General Plan Amendment to change the land use designation from Public Facilities to Medium Density Residential in order to facilitate higher density, multi-family residential development (Figure 2-4). According to the General Plan, the Medium Density Residential land use designation is established to allow for quality multifamily living environments. This category typically includes higher density single-family residential developments, two-family residential development, or lower density multi-family units such as duplexes, apartments, or condominium units. The residential density for the Medium Density Residential land use designation is 16 to 21 dwelling units per acre. The typical corresponding zone district is R-3 – Limited Multiple-Family Dwelling zone district.
2.8 Zoning
The Project site is within the C-O – Professional Office and Mixed Use Overlay (MUO) zone districts (Figure 2-5).3 The City of Arvin and private property owner (Applicant/Property Owner) propose a Rezone to change the zone district from C-O/MUO to R-3 – Limited Multiple-Family Dwelling Zone and remove the MUO zone district to allow for higher density, multi-family residential development (Figure 2-6). The R-3 zone district permits a minimum residential density of 16units per acre. The proposed zone district would be consistent with the proposed land use designation, Medium Density Residential. 2 APN 190-260-06 has a dual designation of Public Facilities and Parks. The Parks designation accounts for approximately 1.14 acres of the parcel. The General Plan Amendment does not apply to the portion of the Project site with a planned land use designation of Parks. The Parks land use designation would remain on the 1.14 acres. 3 APN 190-260-06 is zoned C-O – Professional Office, O-S – Open Space, and MUO. Approximately 1.14 acres of the parcel is zoned O-S. This portion of the parcel is not within the C-O or MUO zone districts. The Rezone does not apply to the portion of the Project site in the O-S zone district. The O-S zone district would remain on 1.14 acres.
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Figure 2-3 City of Arvin General Plan Land Use Designation Map (Existing)
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Figure 2-4 City of Arvin General Plan Land Use Designation Map (Proposed)
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Figure 2-5 City of Arvin Zone District Map (Existing)
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Figure 2-6 City of Arvin Zone District Map (Proposed)
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2.9 Description of Project
General Plan Amendment (GPA) No. 2023-01 and Rezone No. 2023-01 are filed by the City of Arvin and private property owner and pertain to four (4) parcels that are generally located on the east side of North Walnut Street between Grapevine Drive and Bear Mountain Boulevard, approximately 215 feet west of the intersection of 4th Street and Campus Drive (“Project site”). The site is identified by the Kern County Assessor as Assessor’s Parcel Numbers (APNs) 190-260-01, 190-260-02, 190-260-06 (portion), and 190- 260-08, totaling approximately 8.86 acres. GPA No. 2023-01 requests a land use change from Public Facilities to Medium Density Residential. Rezone No. 2023-01 requests a rezone from C-O – Professional Office/MUO – Mixed Use Overlay to R-3 – Limited Multiple-Family Dwelling Zone District. No physical development is proposed by the Project.
Project Assumptions
This Project is funded by SB 2 grant funding for the purpose of providing additional opportunities for housing, in line with the goals contained in the Arvin General Plan and 2021-2023 Housing Element. The General Plan estimates a population increase of more than 20,000, which is double the existing population. In addition, the 2013-2023 Housing Element indicates a need for 1,168 residential units.
The City of Arvin, Lead Agency, considers the Project site to have development potential and proposes to change the land use designation and zone district to facilitate future higher density residential development.
The City is simultaneously proposing a General Plan Amendment and Development Code Text Amendment to modify the General Plan and Arvin Municipal Code (AMC) to 1) increase the maximum density range for the Medium Density Residential land use designation from 16 to 21 (current) to 16 to 24 (proposed) dwelling units per acre, (2) set the maximum density range for the R-3 –Limited Multiple Family Dwelling Zone District to 24 dwelling units per acre for a permitted density range of 16 to 24 dwelling units per acre, and to allow ministerial approval, based upon development standards and criteria, of multi-family residential development within specific zone districts. The proposed General Plan Amendment and Development Code Text Amendment are undergoing a separate CEQA analysis.
Although no physical development is proposed by the Project, the Initial Study analyzes the potential buildout of the Project site at a programmatic level, using reasonable assumptions so that future development of the site can tier from this Initial Study pursuant to CEQA Guidelines Section 15168(c)(1) and 15168(d) for evaluations of environmental issues associated with later activities/subsequent projects. However, depending on the final design of future physical development, additional project specific CEQA review may be required as determined by the City through the entitlement review and approval process.
For the purposes of the analysis contained in the Initial Study, the vision for the Project site is high density residential development containing multiple-family dwellings, whereby “multiple-family dwelling” is defined as “a building or portion thereof, designed for or occupied by three (3) or more families living independently of each other” pursuant to AMC Section 17.02.210. Therefore, the assumed “project” to be analyzed in this Initial Study is a multiple-family dwelling that is developed in accordance with the General Plan and AMC. Specifically, the assumed maximum density of the proposed Project is 24 dwelling units per acre, which is consistent with the modifications to the Medium Density Residential land use
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designation under the proposed General Plan Amendment and the modifications to the R-3 zone district under the proposed Development Code Text Amendment. With this assumed maximum density, buildout of the Project site could yield a maximum of 212 multi-family residential units (calculation: 24 dwelling units per acre multiplied by 8.86 acres equals 212.64).
2.10 Project Setting and Surrounding Land Uses
Project Setting
The Project site as it currently exists is vacant with no onsite improvements or structures. Street frontage is limited to 4th Street; the southeastern portion of the site abuts 4 th Street, a two (2)-lane local street that
dead ends into the Project site. Street improvements on the developed portion of 4th Street include curb, gutter, and sidewalks. There are overhead utilities along the eastern portion of the Project site, in addition to an improved alleyway that provides access to adjoining properties. The topography of the site is generally flat. The existing biotic conditions of the Project site can be defined as fallow agricultural land that has undergone significant disturbance. There are no trees, shrubs, or water features present. The existing ground cover can be defined primarily as herbaceous, ruderal vegetation. Lastly, as shown in Table 2-1 there are three plugged oil and gas wells and one (1) active oil and gas well located onsite. 4 The active oil and gas well has been declared abandoned and is required to be capped.
Table 2-1 Well Sites Located on Project Site
Well Name Well Number/Identifier Well Operator Status
H.S. Jewett Well Number 2/API 0402914597 Woodward Petroleum Plugged H.S. Jewett Well Number 3/API 0402914598 Sun Mountain Oil & Gas Plugged H.S. Jewett Well Number 4/API 0402914599 Sequoia Exploration, Inc. Plugged H.S. Jewett Well Number 3/API 0402914431 Sequoia Exploration, Inc. Active Surrounding Land Uses
The Project site is generally surrounded by a mix of commercial uses and public facilities. As referenced in Table 2-2, there are existing commercial and public facilities to the north, south, and east of the site.
North Walnut Street abuts the site to the west. The properties to the north and south are planned for commercial uses, and the properties to the east are planned for public facilities, and properties to the west beyond North Walnut Street are planned for parks. Properties to the north and east are zoned for professional office uses; properties to the west beyond North Walnut Street are zoned for open space; and the property to the south is zoned for commercial uses with a Planned Unit Development zone district overlay.
4 Geologic Energy Management Division (CalGEM). Well Finder. Accessed on September 12, 2022, https://www.conservation.ca.gov/calgem/Pages/WellFinder.aspx
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Table 2-2 Existing Uses, General Plan Designations, and Zone Districts of Surrounding Properties Direction
from the
Project site
Existing Land Use
Planned Land
Use
Zone District
North
Water Reservoir Tank, Rehabilitation center
(Windsor Post-Acute Center of Arvin)
General
Commercial
C-O – Professional Office;
MUO – Mixed Use
Overlay
South
Commercial (Dollar Tree, DaVita Arvin
Dialysis)
General
Commercial
C-2 – Commercial; PUD –
Planned Unit
Development
East
Public Facilities (Arvin DMV, Arvin Community
Services District, Kern County Fire Station 54) Public Facilities C-O – Professional Office West North Walnut Street; Park Parks O-S – Open Space
2.11 Required Project Approvals
In addition to the General Plan Amendment and Rezone, the City of Arvin requires the following review, permits, and/or approvals for future development of the Project site. • Site Development Permit
• Conditional Use Permit
• Building Permit
• Grading Permit
• Construction Permit and Encroachment Permit
• Site Utilities Permit
• Oil and Gas Site Abandonment and Redevelopment (Demolition and Restoration Permit) Other approvals not listed below may be required as identified through the entitlement process. In addition, other agencies may have the authority to issue permits prior to implementation. • San Joaquin Valley Air Pollution Control District
• Kern County Public Health Services Department
• California Regional Water Quality Control Board
2.12 Technical Studies
The analysis of the Project throughout this Initial Study relied in part on the technical analyses listed below prepared for the Project, as well as other sources, including, but not limited to, City of Arvin General Plan updated as of 2019; Master Environmental Impact Report (MEIR) SCH No. 1987100504 (1988), the General Plan 2019 Update Initial Study/ Negative Declaration SCH No. 2012071044 (2012), City of Arvin Initial Study for Sphere of Influence Amendment (2018), Municipal Services Review, and Williamson Act Ordinance Negative Declaration SCH No. 2019011017 (2019). 5 5 A copy of each of these documents can be obtained from the City of Arvin located at 200 Campus Drive, Arvin, CA 93203. The City’s phone number is (661) 854-3134.
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• Appendix A: CalEEMod Output Files
• Appendix B: Biological Resources Assessment
• Appendix C: CHRIS Record Search Result
2.13 Consultation with California Native American Tribes The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the CEQA Guidelines. Pursuant to PRC Section 21080.3.1, the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project. Such significant cultural resources are either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register, or, the lead agency, at its discretion, and support by substantial evidence, choose to treat the resources as a Tribal Cultural Resources (PRC Section 21074(a)(1-2)). According to the most recent census data, California is home to 109 currently recognized Indian tribes.
Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See PRC Section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains provisions specific to confidentiality.
A consultation list of tribes with traditional lands or cultural places located within Kern County was requested and received from the California Native American Heritage Commission (NAHC) on August 8, 2022. The listed tribes include Big Pine Paiute Tribe of the Owens Valley, Coastal Band of the Chumash Nation, Kitanemuk and Yowlumne Tejon Indians, Tejon Indian Tribe, and Tule River Indian Tribe. The NAHC also conducted a Sacred Lands File (SFL) check which received negative results.
The City of Arvin conducted formal tribal consultation pursuant to AB 52 (Chapter 532, Statutes 2014) and SB 18 (Chapter 905, Statutes 2004) on August 19, 2022, and December 16, 2022, utilizing the consultation list of tribes received from the NAHC. The same five (5) tribes listed above were included in the formal consultation. Consultation for AB 52 ended on September 18, 2022, and January 15, 2023, and consultation for SB 18 ended on November 17, 2022 and March 16, 2023.
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3 DETERMINATION
3.1 Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation
Tribal and Cultural Resources
Utilities and Service Systems
Wildfire
For purposes of this Initial Study, the following answers have the corresponding meanings:
“No Impact” means the specific impact category does not apply to the project, or that the record sufficiently demonstrates that project specific factors or general standards applicable to the project will result in no impact for the threshold under consideration. “Less Than Significant Impact” means there is an impact related to the threshold under consideration, but that impact is less than significant.
“Less Than Significant with Mitigation Incorporation” means there is a potentially significant impact related to the threshold under consideration, however, with the mitigation incorporated into the project, the impact is less than significant. For purposes of this Initial Study “mitigation incorporated into the project” means mitigation originally described in the GP PEIR and applied to an individual project, as well as mitigation developed specifically for an individual project. “Potentially Significant Impact” means there is substantial evidence that an effect may be significant related to the threshold under consideration.
3.2 Determination
On the basis of this initial evaluation (to be completed by the Lead Agency):
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT (EIR) is required.
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I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Approved By:
Jeffrey Jones, City Manager Date
City of Arvin
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4 EVALUATION OF ENVIRONMENTAL IMPACTS
4.1 AESTHETICS
Except as provided in Public Resources
Code Section 21099, would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect
on a scenic vista? X
b) Substantially damage scenic
resources, including, but not
limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
X
c) In non-urbanized areas,
substantially degrade the existing
visual character or quality public
views of the site and its
surroundings? (Public views are
those that are experienced from
publicly accessible vantage point).
If the project is in an urbanized
area, would the project conflict
with applicable zoning and other
regulations governing scenic
quality?
X
d) Create a new source of substantial
light or glare which would
adversely affect day or nighttime
views in the area?
X
4.1.1 Environmental Setting
The city of Arvin is located within Kern County in the San Joaquin Valley in central California. The City has a generally flat topography with low-rise buildings and visual skyline features of mountain ranges east and south of the city. Visual features within the city are primarily trees, structures, and landscaping along straight roadways with farmland and grassland at the edge of built areas.
General Plan
The Arvin General Plan does not identify scenic resources.
Municipal Code
Arvin Municipal Code (AMC) Section 17.70 – Site Development Standards contains the following enforceable requirement for all new development, including future development facilitated by implementation of the Project, intended to prevent light and glare impacts:
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I. Exterior Lighting. Exterior lighting shall be arranged or shielded in such a manner as to contain the direct illumination on the site and avoid glare in nearby residential areas. Exterior lighting shall be powered by passive energy, for example, solar powered. All buildings must have a lighted address panel placed at approved locations for ease of identification.
California Scenic Highway Program
The California Scenic Highway Program was established in 1963 with the purpose to protect and enhance the natural scenic beauty of California highways and adjacent corridors, through special conservation treatment. A highway may be designated scenic depending upon how much of the natural landscape can be seen by travelers, the scenic quality of the landscape, and the extent to which development intrudes upon the traveler's enjoyment of the view. There are no officially designated State Scenic Highways in the city of Arvin, inclusive of the Project site. 6
4.1.2 Impact Assessment
Except as provided in PRC Section 21099, would the project:
a) Have a substantial adverse effect on a scenic vista? No Impact. The General Plan does not identify or designate scenic vistas within the city or within the city’s Sphere of Influence, inclusive of the Project site. As a result, the Project would not adversely affect scenic vistas and no impact would occur because of the Project. b) Substantially damage scenic resources, including, but not limited to, trees, rock out-croppings, and historic buildings within a state scenic highway?
No Impact. According to the California State Scenic Highway Program, there are no State-designated Scenic Highways in the city of Arvin or Sphere of Influence. The nearest eligible State Scenic Highway, Route 58, is approximately 31.7 miles east of the city of Arvin on the other side of the Piute Mountain Range. As such, the proposed Project would not damage scenic resources within a state scenic highway and no impact would occur.
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less than Significant Impact. In general, the Project site is an infill site within an area of the city that is predominately developed with commercial uses and public facilities. Although no specific project is currently proposed, future development of the Project site may be subject to the entitlement review process. Through the entitlement review process, future development would be subject to compliance with applicable policies and regulations that govern scenic quality including but not limited to the General 6 Caltrans. California State Scenic Highway System Map. Accessed on August 10, 2022, https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa
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Plan, Arvin Municipal Code (AMC), and the most recently adopted California Codes. Compliance would ensure that future development of the Project site would not substantially degrade the existing visual character or quality of public views of the site and its surrounding, nor would future development conflict with applicable zoning and other regulations governing scenic quality. Therefore, a less than significant impact would occur because of the Project.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than Significant Impact. Generally, lighting impacts are associated with artificial lighting in evening hours either through interior lighting from windows or exterior lighting (e.g., street lighting, parking lot lighting, landscape lighting, cars, and trucks). Although no specific project is currently proposed, future development of the Project site would incrementally increase the amount of light from streetlights, exterior lighting, and vehicular headlights. Such sources could create adverse effects on day or nighttime views in the area. Future development would be subject to site development standards contained in AMC Section 17.70.010, specifically sub-section (I) which contains specific, enforceable requirements intended to prevent light and glare impacts. In addition, future development would be required to comply with Title 24, Building Energy Efficiency Standards, lighting requirements which would also reduce impacts related to nighttime light. The Title 24 lighting requirements cover outdoor spaces including regulations for mounted luminaires (i.e., high efficacy, motion sensor controlled, time clocks, energy management control systems, etc.). As such, conditions imposed on future development by the City pursuant to the AMC and Title 24 would reduce light and glare impacts to a less than significant impact.
4.1.3 Mitigation Measures
None required.
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4.2 AGRICULTURE AND FORESTRY RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique
Farmland, or Farmland of
Statewide Importance (Farm-land),
as shown on the maps prepared
pursuant to the Farmland Mapping
and Monito-ring Program of the
California Resources Agency, to
non-agricultural use?
X
b) Conflict with existing zoning for
agricultural use, or a Williamson
Act contract?
X
c) Conflict with existing zoning for, or
cause rezoning of, forest land (as
defined in Public Resources Code
section 12220(g)), timberland (as
defined by Public Resources Code
section 4526), or timberland zoned
Timberland Production (as defined
by Government Code section
51104(g))?
X
d) Result in the loss of forest land or
conversion of forest land to nonforest use? X
e) Involve other changes in the
existing environment which, due to
their location or nature, could
result in conversion of Farmland, to
non-agricultural use or conversion
of forest land to non-forest use?
X
4.2.1 Environmental Setting
The Project site is located within the Arvin city limits and is proposed for urban uses. The Project site as it currently exists is vacant with no onsite improvements or structures. Topography of the site is generally flat. The existing biotic conditions of the Project site can be defined as fallow agricultural land that has undergone significant disturbance. There are no trees, shrubs, or water features present. The existing ground cover can be defined primarily as herbaceous, ruderal vegetation. The Project site does not contain any agricultural or forestry resources such as agricultural land, forest land, or timberland.
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Farmland Monitoring and Mapping Program
The California Department of Conservation manages the Farmland Mapping and Monitoring Program (FMMP) that provides maps and data for analyzing land use impacts to farmland. The FMMP produces the Important Farmland Finder as a resource map that shows quality (soils) and land use information.
Agricultural land is rated according to soil quality and irrigation status, in addition to many other physical and chemical characteristics. The highest quality land is called “Prime Farmland” which is defined by the FMMP as “farmland with the best combination of physical and chemical features able to sustain long term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date.” 7 Maps are updated every two years. According to the FMMP, California Important Farmland Finder, the Project site and properties immediately adjacent to the west are classified as being “Vacant or Disturbed Land” and the properties to the north, east, and south of the site are classified as “Urban and Built-Up Land” 8 California Land Conservation Act
The California Land Conservation Act of 1965 (i.e., the Williamson Act) allows local governments to enter contracts with private landowners to restrict parcels of land agricultural or open space uses. In return, property tax assessments of the restricted parcels are lower than full market value. The minimum length of a Williamson Act contract is 10 years and automatically renews upon its anniversary date; as such, the contract length is essentially indefinite. The Project site is not subject to the Williamson Act.
4.2.2 Impact Assessment
Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
No Impact. According to the FMMP, the Project site is designated as “Vacant or Disturbed Land.” As such, the Project site is not located on lands designated as “Prime Farmland,” “Unique Farmland,” or “Farmland of Statewide Importance.” Therefore, the Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use and no impact would occur. b) Conflict with existing zoning for agricultural use or a Williamson Act contract? No Impact. The Project site is not zoned for agricultural use and is not subject to the Williamson Act.
Therefore, the Project would not conflict with existing zoning for agricultural use, or a Williamson Act contract and no impact would occur.
7 California Department of Conservation. Important Farmland Categories. Accessed on September 12, 2022, https://www.conservation.ca.gov/dlrp/fmmp/Pages/Important-Farmland-Categories.aspx 8 California Department of Conservation. (2018). California Important Farmland Finder. Accessed on September 12, 2022, https://maps.conservation.ca.gov/DLRP/CIFF/
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c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The Project site does is not planned or zoned for forest land or timberland. Further, the Project site would not cause the rezoning of forest land, timberland, or timberland zoned Timberland Production. As a result, the Project would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production and no impact would occur. d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. The Project site does not contain forest land and is not planned or zoned for forest land or forest uses. Implementation of the Project would therefore not result in the loss of forest land or conversion of forest land to non-forest use. As a result, no impact would occur. e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? No Impact. The Project site is planned for commercial uses and zoned for office uses and does not contain agricultural or forestry uses or resources. The Project is to amend the general plan land use diagram and rezone the project site for future higher density residential development. The properties immediately adjacent to the south and east of the Project site are planned and zoned for parks, and/or public facilities and do not contain agricultural or forestry uses or resources. According to the FMMP, California Important Farmland Finder, the Project site and properties immediately adjacent to the west are classified as being “Vacant or Disturbed Land” and the properties to the north, east, and south of the site are classified as “Urban and Built-Up Land” Therefore, future development of the Project site with urbanized uses would be generally compatible with the existing urban environment of the surrounding uses. As a result, the Project would not involve other changes in the existing environment that could result in the conversion of farmland to non-agricultural use or conversion of forest land to non-forest use.
Therefore, no impact would occur because of the Project.
4.2.3 Mitigation Measures
None required.
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4.3 AIR QUALITY
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Conflict with or obstruct
implementation of the applicable air
quality plan (e.g., by having potential
emissions of regulated criterion
pollutants which exceed the San
Joaquin Valley Air Pollution Control
Districts (SJVAPCD) adopted
thresholds for these pollutants)?
X
b) Result in a cumulatively considerable
net increase of any criteria pollutant
for which the project region is nonattainment under an applicable federal or state ambient air quality
standard?
X
c) Expose sensitive receptors to
substantial pollutant concentrations? X
d) Result in other emissions (such as
those leading to odors) adversely
affecting a substantial number of
people?
X
4.3.1 Environmental Setting
The Project is located within the San Joaquin Valley Air Basin (SJVAB). The San Joaquin Valley Air Pollution Control District (SJVAPCD) regulates air quality in eight (8) counties including: Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare, and oversees the SJVAB.
Impacts on air quality result from emissions generated during short-term activities (construction) and long-term activities (operations). Construction-related emissions consist mainly of exhaust emissions (NOx and PM) from construction equipment and other mobile sources, and fugitive dust (PM) emissions from earth moving activities. Operational emissions are source specific and consist of permitted equipment and activities and non-permitted equipment and activities.
Air pollution in the SJVAB can be attributed to both human-related (anthropogenic) and natural (nonanthropogenic) activities that produce emissions. Air pollution from significant anthropogenic activities in the SJVAB includes a variety of industrial-based sources as well as on- and off-road mobile sources. Four (4) main sources of air pollutant emissions in the SJVAB are motor vehicles, industrial plants, agricultural activities, and construction activities. All four of the major pollutant sources affect ambient air quality throughout the SJVAB.
These sources, coupled with geographical and meteorological conditions unique to the area, stimulate the formation of unhealthy air. Air pollutants can remain in the atmosphere for long periods and can build
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to unhealthful levels when stagnant conditions that are common in the San Joaquin Valley occur.
Pollutants are transported downwind from urban areas with many emission sources which are also recirculated back to the urban areas.
Further, the SJVAB is in non-attainment for ozone, PM10, and PM2.5, which means that certain pollutants' exposure levels are often higher than the normal air quality requirements. The air quality standards have been set to protect public health, particularly the health of vulnerable people. Therefore, if the concentration of those contaminants exceeds the norm, some susceptible individuals in the population are likely to experience health effects. Concentration of the pollutant in the air, the length of time exposed and the individual's reaction are factors that affect the extent and nature of the health effects.
San Joaquin Valley Air Pollution Control District
The SJVAPCD is the agency primarily responsible for ensuring that NAAQS and CAAQS are not exceeded and that air quality conditions are maintained in the SJVAB, within which the Project is located.
Responsibilities of the SJVAPCD include, but are not limited to, preparing plans for the attainment of ambient air quality standards, adopting and enforcing rules and regulations concerning sources of air pollution, issuing permits for stationary sources of air pollution, inspecting stationary sources of air pollution and responding to citizen complaints, monitoring ambient air quality and meteorological conditions, and implementing programs and regulations required by the FCAA and the CCAA. The SJVAPCD rules and regulations that may apply to future development resulting from Project implementation include but are not limited to:
Rule 2010 – Permits Required. The purpose of this rule is to require any person constructing, altering, replacing or operating any source operation which emits, may emit, or may reduce emissions to obtain an Authority to Construct or a Permit to Operate. This rule also explains the posting requirements for a Permit to Operate and the illegality of a person willfully altering, defacing, forging, counterfeiting or falsifying any Permit to Operate.
Rule 2201 – New and Modified Stationary Source Review Rule. The purpose of this rule is to provide for the following: The review of new and modified Stationary Sources of air pollution and to provide mechanisms including emission trade-offs by which Authorities to Construct such sources may be granted, without interfering with the attainment or maintenance of Ambient Air Quality Standards; and No net increase in emissions above specified thresholds from new and modified Stationary Sources of all nonattainment pollutants and their precursors.
Rule 4001 – New Source Performance Standards. This rule incorporates the New Source Performance Standards from Part 60, Chapter 1, Title 40, Code of Federal Regulations (CFR).
Rule 4002 – National Emission Standards for Hazardous Air Pollutants. This rule incorporates the National Emission Standards for Hazardous Air Pollutants from Part 61, Chapter I, Subchapter C, Title 40, Code of Federal Regulations (CFR) and the National Emission Standards for Hazardous Air Pollutants for Source Categories from Part 63, Chapter I, Subchapter C, Title 40, Code of Federal Regulations (CFR).
Rule 4102 – Nuisance. The purpose of this rule is to protect the health and safety of the public and applies to any source operation that emits or may emit air contaminants or other materials.
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Rule 4601 – Architectural Coatings. The purpose of this rule is to limit VOC emissions from architectural coatings. This rule specifies architectural coatings storage, cleanup, and labeling requirements.
Rule 4641 – Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations. The purpose of this rule is to limit VOC emissions from asphalt paving and maintenance operations. This rule applies to the manufacture and use of cutback asphalt, slow cure asphalt and emulsified asphalt for paving and maintenance operations.
Regulation VIII – Fugitive PM10 Prohibitions. The purpose of Regulation VIII (Fugitive PM10 Prohibitions) is to reduce ambient concentrations of fine particulate matter (PM10) by requiring actions to prevent, reduce or mitigate anthropogenic fugitive dust emissions.
Rule 9510 – Indirect Source Review. The purposes of this rule are to:
1. Fulfill the District’s emission reduction commitments in the PM10 and Ozone Attainment Plans.
2. Achieve emission reductions from the construction and use of development projects through design features and on-site measures.
3. Provide a mechanism for reducing emissions from the construction of and use of development projects through off-site measures.
General Plan
The Arvin General Plan is consistent with forecast numbers prepared by the Kern Council of Governments (COG) and policies addressing air quality impacts incorporate Senate Bill 375 and sustainability principles developed by the Strategic Growth Council (SGC) for the Sustainable Community Strategy. In regard to local measures and thresholds for air quality impacts, the Arvin General Plan Air Quality Element and Land Use Element outlines policies for addressing air quality. A sample of applicable goals and policies are as follows:
LU-2.1 Require new development, wherever possible, to provide convenient, direct and safe bicycle and pedestrian connections.
LU-2.2 Create active neighborhood districts that cluster jobs, services, goods and cultural and recreational uses within walking distance of residences to create a focus for community activity.
LU-2.3 Develop the Jewett Square and Meyer/Sycamore opportunity sites as walkable neighborhoods, with assets and amenities that contribute positively to Arvin's quality of life and civic identity.
AQ-1.1 Encourage strategic land use patterns for businesses that reduce the number and length of motor vehicle trips, and that encourage alternative modes of travel.
AQ-1.2 Encourage employment-intensive development with a high number of jobs per unit of land area within walking or bicycling distance of existing neighborhoods, and discourage such development in more remote areas.
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Thresholds of Significance
To assist local jurisdictions in the evaluation of air quality impacts, the SJVAPCD has published the Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI). This guidance document includes recommended thresholds of significance to be used for the evaluation of short-term construction, longterm operational, odor, toxic air contaminant, and cumulative air quality impacts. Accordingly, the SJVAPCD-recommended thresholds of significance are used to determine whether implementation of the proposed Project would result in a significant air quality impact. Projects that exceed these recommended thresholds would be considered to have a potentially significant impact to human health and welfare.
The thresholds of significance are summarized, as follows:
(1) Criteria Air Pollutants: SJVAPCD adopted thresholds of significance for criteria air pollutants, as shown in Table 4-1. The thresholds of significance are based on a calendar year basis. For construction emissions, the annual emissions are evaluated on a rolling 12- month period. The following summarizes these thresholds:
Short-Term Emissions of Particulate Matter (PM10): Construction impacts associated with the proposed Project would be considered significant if the feasible control measures for construction in compliance with Regulation VIII as listed in the SJVAPCD guidelines are not incorporated or implemented, or if project-generated emissions would exceed 15 tons per year (TPY).
Short-Term Emissions of Ozone Precursors (ROG and NOX): Construction impacts associated with the proposed Project would be considered significant if the project generates emissions of Reactive Organic Gases (ROG) or NOX that exceeds 10 TPY.
Long-Term Emissions of Particulate Matter (PM10): Operational impacts associated with the proposed Project would be considered significant if the project generates emissions of PM10 that exceed 15 TPY.
Long-Term Emissions of Ozone Precursors (ROG and NOX): Operational impacts associated with the proposed Project would be considered significant if the project generates emissions of ROG or NOX that exceeds 10 TPY.
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Table 4-1 SJVAPCD Recommended Air Quality Thresholds of Significance2F 9 Pollutant
Significance Threshold
Construction Emissions
(tons/year)
Operational Emission
(tons/year)
CO 100 100
NOX 10 10
ROG 10 10
SOX 27 27
PM10 15 15
PM2.5 15 15
(2) Conflict with or Obstruct Implementation of Applicable Air Quality Plan: Due to the region’s nonattainment status for ozone, PM2.5, and PM10, if the project-generated emissions of either of the ozone precursor pollutants (i.e., ROG and NOx) or PM10 would exceed the SJVAPCD’s significance thresholds, then the project would be considered to conflict with the attainment plans. In addition, if the project would result in a change in land use and corresponding increases in vehicle miles traveled, the project may result in an increase in vehicle miles traveled that is unaccounted for in regional emissions inventories contained in regional air quality control plans. (3) Local Mobile-Source CO Concentrations: Local mobile source impacts associated with the proposed Project would be considered significant if the project contributes to CO concentrations at receptor locations in excess of the CAAQS (i.e., 9.0 ppm for 8 hours or 20 ppm for 1 hour). (4) Toxic Air Contaminants: Exposure to toxic air contaminants (TAC) would be considered significant if the probability of contracting cancer for the Maximally Exposed Individual (i.e., maximum individual risk) would exceed 10 in 1 million or would result in a Hazard Index greater than one (1).
As recommended by the SJVAPCD, the latest approved California Air Pollution Control Officer’s Association (CAPCOA) methodology was utilized as the screening methodology. According to the CAPCOA Guidance Document titled “Health Risk Assessments for Proposed Land Use Projects,” there are two types of land use project that have the potential to cause long-term public health risk impacts.10 These project types are as follows:
9 SJVAPCD. (2015). Guidance for Assessing and Mitigating Air Quality Impacts. Accessed on August 16, 2022, https://www.valleyair.org/transportation/GAMAQI-2015/FINAL-DRAFT-GAMAQI.PDF 10 California Air Pollution Control Officer’s Association. (2009). Health Risk Assessments for Proposed Land Use Projects. Accessed on September 12, 2022, http://www.capcoa.org/wpcontent/uploads/2012/03/CAPCOA_HRA_LU_Guidelines_8-6-09.pdf
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• Type A: Land use projects with toxic emissions that impact receptors, and • Type B: Land use project that will place receptors in the vicinity of existing toxics sources.
In this Guidance document, Type A projects examples are (project impacts receptors):
• combustion related power plants,
• gasoline dispensing facilities,
• asphalt batch plants,
• warehouse distribution centers,
• quarry operations, and
• other stationary sources that emit toxic substances.
(5) Odor: The intensity of an odor source’s operations and its proximity to sensitive receptors influences the potential significance of odor emissions. Specific land uses that are considered sources of undesirable odors include landfills, transfer stations, composting facilities, sewage treatment plants, wastewater pump stations, asphalt batch plants and rendering plants. The SJVAPCD has identified these common types of facilities that have been known to produce odors in the SJVAB and has prepared screening levels for potential odor sources ranging from one (1) to two (2) miles of distance from the odor-producing facility to sensitive receptors. Odor impacts associated with the proposed project would be considered significant if the project has the potential to frequently expose members of the public to objectionable odors. (6) Ambient Air Quality: The SJVAPCD applies the following guidance in determining whether an ambient air quality analysis should be performed: when assessing the significance of projectrelated impacts on air quality, it should be noted that the impacts may be significant when on-site emission increases from construction activities or operational activities exceed the 100 pounds per day screening level of any criteria pollutant after implementation of all enforceable mitigation measures. Under such circumstance, the District recommends that an ambient air quality analysis be performed.
Methodology
California Emissions Estimator Model (CalEEMod) is a statewide model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions from land use projects. The model quantifies direct emissions from construction and operation (including vehicle use), as well as indirect emissions, such as emissions from energy use, solid waste disposal, vegetation planting and/or removal, and water use. The model also identifies mitigation measures to reduce criteria pollutant and GHG emissions.
(1) CalEEMod Assumptions: Although no specific development project is currently proposed, shortterm construction and long-term operational GHG emissions for the Project were estimated using CalEEModTM (v.2020.4.0) (See Appendix A for output files) with the following assumptions:
• Future Multi-Family Residential Development on the 8.86-acre project site that is developed to the maximum density of 24 dwelling units per acre, totaling 212 dwelling units.
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• CalEEMod default factors with the exception of construction factors. Because the Project site is vacant with no improvements or structures, “demolition” was removed as a construction phase as demolition of existing structures would not be required.
4.3.2 Impact Assessment
a) Would the project conflict with or obstruct implementation of the applicable air quality plan (e.g., by having potential emissions of regulated criterion pollutants which exceed the San Joaquin Valley Air Pollution Control Districts (SJVAPCD) adopted thresholds for these pollutants)? Less than Significant Impact. CalEEMod was used to determine the potential criterion pollutants for future development projects resulting from implementation of the Project (See CalEEMod Assumptions above). Table 4-2 and Table 4-3 below show the potential construction and operational criteria pollutants (tons per year) based on the assumed future development in relation to the GAMAQI thresholds. As shown, the estimated pollutants of the assumed future development are below all significant thresholds and can therefore be determined to be consistent with the GAMAQI. CalEEMod Output Files are presented in Appendix A.
Table 4-2 Construction Emissions of Criteria Air Pollutants, Unmitigated Emissions Source (Tons Per Year) CO NOx ROG PM10 PM2.5
Construction Year 2023 1.2832 1.1194 0.1372 0.2916 0.1513 Construction Year 2024 1.4544 1.0520 2.1269 0.1371 0.0672 Maximum Emissions 1.4544 1.1194 2.1269 0.2916 0.1513
Significant Threshold 100 10 10 15 15
Exceed Threshold? No No No No No
Source: CalEEMod, Version 2020.4.0, ran on January 6, 2023 Table 4-3 Operational Emissions of Criteria Air Pollutants, Unmitigated Emissions Source (Tons Per Year) CO NOx ROG PM10 PM2.5
Area 1.6064 0.0974 1.0834 0.0151 0.0151
Energy 0.0628 0.1476 0.0173 0.0119 0.0119
Mobile 4.9569 0.9395 0.5260 1.2028 0.3291
Waste - - - 0.0000 0.0000
Water - - - 0.0000 0.0000
Total Operational Emissions 6.6260 1.1845 1.6267 1.2299 0.3562 Significant Threshold 100 10 10 15 15
Exceed Threshold? No No No No No
Source: CalEEMod, Version 2020.4.0, ran on January 6, 2023 Regarding TACs, anticipated development that would result from Project implementation would not be of the Type A land uses that have the potential to produce toxic emissions. Although no specific development is currently proposed, the Project includes a General Plan Amendment and Rezone to change the site’s land use designation and zoning to Medium Density Residential and R-3 – Limited Multiple Family Dwelling Zone, respectively. The Medium Density Residential use designation and R-3 zone district do not permit combustion related power plants, asphalt batch plants, quarry operations, or other uses that would generate toxic emissions. In addition, the Project would not result in a Type B land use that would place receptors in the vicinity of existing toxic sources; there are no existing toxic sources within the vicinity of the Project site. Thus, future development resulting from the implementation of the
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Project that propose uses consistent with the General Plan and AMC would not result in production of significant TACs or place receptors in the vicinity of TAC-producing land uses.
Lastly, future development resulting from Project implementation would be reviewed and conditioned by the SJVAPCD for compliance with applicable rules and regulations including but not limited to Rule 9510 (Indirect Source Review), Regulation VIII (Fugitive PM10 Prohibitions), Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 4402 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). Thus, any impacts related to construction activities of future development projects would be regulated through SJVAPCD regulations and requirements.
Overall, the anticipated development of the Project site would not have potential emissions of regulated criterion pollutants that exceed the SJVAPCD adopted thresholds. In addition, future development may be subject to meet additional rules and regulations administered by the SJVAPCD to minimize and mitigate on-site emissions. Consequently, the Project would result in a less than significant impact. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less than Significant Impact. As discussed above (See Environmental Setting), the SJVAB is in nonattainment for ozone, PM10, and PM2.5, which means that certain pollutants' exposure levels are often higher than the normal air quality requirements. Concentration of the pollutant in the air, the length of time exposed and the individual's reaction are factors that affect the extent and nature of the health effects. Although the construction and operations of future development resulting from implementation of the Project would not exceed the thresholds of significant for criteria pollutants as set by the GAMAQI (See Table 4-2 and Table 4-3), there are PM10, and PM2.5 emissions associated with future development which would thereby contribute to cumulative increases. However, the construction and operational emissions analysis shows that future development would be well below the substantial thresholds of the GAMAQI and thus the Project is compliant with the applicable Air Quality Attainment Plan. Therefore, the Project would not result in significant cumulative health impacts because the emissions are not at a level that would be considered cumulatively significant. As such, the Project would have a less than significant impact.
c) Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. Sensitive receptors are defined as people that have an increased sensitivity to air pollution or environmental contaminants. Sensitive receptor locations include schools, parks and playgrounds, day care centers, nursing homes, hospitals, and residential dwelling unit(s). The nearest receptors are single-family residences located immediately east and south of the site. As stated under criterion a) above, emissions during construction or operation would not reach the significance thresholds and would not be anticipated to result in concentrations that reach or surpass ambient air quality requirements. Further, anticipated development that would result from Project implementation would not be uses that would generate toxic emissions (i.e., Type A uses identified by the CAPCOA guidelines). Therefore, the Project would have a less than significant impact on any known sensitive receptor.
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d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less than Significant Impact. Specific land uses that are considered sources of undesirable odors include landfills, transfer stations, composting facilities, sewage treatment plants, wastewater pump stations, asphalt batch plants and rendering plants. The Project would not consist of such land uses; rather, implementation of the proposed Project would facilitate future residential development, and thus is unlikely to produce odors that would be considered to adversely affect a substantial number of people.
Although some odors may be emitted during construction of the site (i.e., through diesel fuel and exhaust from equipment), these odors would be temporary and last only during construction activities. For these reasons, any odor impacts associated with the Project would be less than significant.
4.3.3 Mitigation Measures
None required.
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4.4 BIOLOGICAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive, or
special status species in local or
regional plans, policies, or
regulations, or by the California
Department of Fish and Game or U.S.
Fish and Wildlife Service?
X
b) Have a substantial adverse effect on
any riparian habitat or other sensitive
natural community identified in local
or regional plans, policies, regulations
or by the California Department of
Fish and Game or US Fish and Wildlife
Service?
X
c) Have a substantial adverse effect on
state or federally protected wetlands
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through
direct removal, filling, hydrological
interruption, or other means?
X
d) Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or
with established native resident or
migratory wildlife corridors, or
impede the use of native wildlife
nursery sites?
X
e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree
preservation policy or ordinance?
X
f) Conflict with provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation
Plan, or other approved local,
regional, or state habitat
conservation plan.
X
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4.4.1 Environmental Setting
A Biological Assessment was conducted for the Project by Argonaut Ecological, Inc., dated January 19, 2023, to provide a technical basis for this Initial Study. Findings are summarized and incorporated herein.
The full Biological Assessment is provided in Appendix B. • The Study Area is historically non-native grassland and periodically disturbed. • There are no wetlands or waters of the US/State within or adjacent to the Study Area. • There are no sensitive biological resources present, or potentially present. • There is no habitat suitable for special status species. There is also no nesting habitat for raptors. • Development of the site for the proposed use will not result in any adverse biological impacts. • No further biological studies are recommended.
PG&E San Joaquin Valley Operation and Maintenance Habitat Conservation Plan The San Joaquin Valley Operation and Maintenance Habitat Conservation Plan covers PG&E’s routine operations and maintenance activities and minor new construction, on any PG&E gas and electrical transmission and distribution facilities, easements, private access routes, or lands owned by PG&E.11 The Project site is owned by the City of Arvin. A PG&E overhead line abuts the Project site to the north. Any development that impacts the PG&E overhead line would be subject to review and approval by PG&E.
Kern County Habitat Conservation Plan for the Kern County Valley Floor The Kern County Habitat Conservation Plan (VFHCP) is a long-term program designed to conserve federally protected species, State-protected species, and/or other species of concern.12 The VFHCP establishes the conditions under which Kern County, California Division of Oil, Gas, and Geothermal Resources, and others seek authorization to allow the taking of federally and State-protected plant and animal species, State-protected plan and animal species, and/or other species of concern. The City of Arvin is designated as a “White Zone” for habitat quality which is considered an area of limited importance due to intensive land uses such as cultivated agriculture.
General Plan
The Arvin General Plan Open Space and Conservation Element identifies the following goal and policies related to the conservation of biological and natural resources.
Goal 6. Preserve wildlife, endangered, and/or rare species and natural habitats and eco-systems in the Arvin Planning Area.
Policy CO-6.1. Protect sensitive and significant ecological areas of unique vegetation and wildlife. 11 PG&E. “Habitat Conservation Plans.” Accessed September 12, 2022, https://www.pge.com/en_US/aboutpge/environment/what-we-are-doing/promoting-stewardship/habitat-conservation-plan.page 12 Kern County Planning and Natural Resources Department. (2006). Kern County Valley Floor Habitat Conservation Plan. Accessed September 12, 2022, https://psbweb.co.kern.ca.us/planning/pdfs/vfhcp_dec06.pdf
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Policy CO-6.2. Protect from extinction the identified endangered species which recognize the Arvin area as part of their natural range.
Policy CO-6.3. Consider the establishment of protected open space areas, planted with native valley vegetation, to serve as wildlife habitat and natural laboratory for public education purposes.
Policy CO-6.4. Implement a relocation program for any rare and/or endangered animal species found in urbanized areas.
4.4.2 Impact Assessment
Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Less than Significant Impact. The Project site as it currently exists is vacant with no onsite improvements or structures. Street frontage is limited to 4th Street; the southeastern portion of the site abuts 4th Street, a two (2)-lane local street that dead ends into the Project site. Street improvements on the developed portion of 4th Street include curb, gutter, and sidewalks. There are overhead utilities along the eastern portion of the Project site, in addition to an improved alleyway that provides access to adjoining properties. Topography of the site is generally flat. The existing biotic conditions of the Project site can be defined as fallow agricultural land that has undergone significant disturbance and is not suitable to support habitat of special status species. There are no trees, shrubs, or water features present. The existing ground cover can be defined primarily as herbaceous, ruderal vegetation. Further, based on the analysis in the Biological Resources Assessment dated January 19, 2023, the site conditions provide low suitability for habitat for any candidate, sensitive, or special-status species that may occur on the Project site or within the Project Area. Therefore, the Project would not result in a substantial adverse effect on any candidate, sensitive, or special-status species. As a result, a less than significant impact would occur. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service?
No Impact. According to the General Plan, CDFW, and U.S. Fish and Wildlife Service, and verified by the Biological Resources Assessment dated January 19, 2023, there are no known riparian habitats or other sensitive natural communities identified on the Project site or within the immediate vicinity of the Project. Further, the site consists of scant vegetation that is heavily impacted and would not provide essential habitat. For these reasons, the Project site would not result in substantial effect on any riparian or other sensitive natural community. As a result, no impact would occur. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
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No Impact. Based on the search of the NWI, the Project site does not contain any federally protected wetlands. Therefore, the Project would not result in a substantial effect on state or federally protected wetlands. As a result, no impact would occur.
d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
No Impact. Wildlife movement corridors are linear habitats that function to connect two (2) or more areas of significant wildlife habitat. These corridors may function on a local level as links between small habitat patches (e.g., streams in urban settings) or may provide critical connections between regionally significant habitats (e.g., deer movement corridors).
Wildlife corridors typically include vegetation and topography that facilitate the movements of wild animals from one area of suitable habitat to another, in order to fulfill foraging, breeding, and territorial needs. These corridors often provide cover and protection from predators that may be lacking in surrounding habitats. Wildlife corridors generally include riparian zones and similar linear expanses of contiguous habitat.
As previously mentioned, the Project site does not contain habitat that could support wildlife species in nesting, foraging, or escaping from predators due to the site’s heavy alteration and lack of cover, vegetation, or water features. Therefore, the Project would not interfere with wildlife movement and no impact would occur.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No Impact. The General Plan outlines policies related to the conservation of biological and natural resources. Due to the lack of identified special-status species or natural habitat on the Project site, the Project would not conflict with local policies or ordinances protecting biological and natural resources. As such, no impact would occur because of the Project.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Project site is within the planning areas of the PG&E San Joaquin Valley Operation and Maintenance Habitat Conservation Plan, Recovery Plan for Upland Species of the San Joaquin Valley, and the Kern County Valley Floor Habitat Conservation Plan. As discussed under criterion a), the Project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or U.S. Fish and Wildlife Service. Therefore, the Project would not conflict with the provisions of habitat conservation plan. No impact would occur.
4.4.3 Mitigation Measures
None required.
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4.5 CULTURAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in
the significance of a historical
resource as defined in Section
15064.5?
X
b) Cause a substantial adverse change in
the significance of an archaeological
resource pursuant to Section
15064.5?
X
c) Disturb any human remains, including
those interred outside of formal
cemeteries?
X
4.5.1 Environmental Setting
Generally, the term ‘cultural resources’ describes property types such as prehistoric and historical archaeological sites, buildings, bridges, roadways, and tribal cultural resources. As defined by CEQA, cultural resources are considered “historical resources” that meet criteria in Section 15064.5(a) of the CEQA Guidelines. If a Lead Agency determines that a project may have a significant effect on a historical resource, then the project is determined to have a significant impact on the environment. No further environmental review is required if a cultural resource is not found to be a historical resource.
California Historical Resource Information System Record Search The Southern San Joaquin Information Center (SSJIC) was requested to conduct a California Historical Resources Information System (CHRIS) Record Search for the Project site and surrounding “Project Area” (i.e., 1/2-mile radius from perimeter of Project site). Results of the CHRIS Record Search were provided on August 29, 2022 (Record Search File Number 22-321) and November 28, 2022 (Record Search File Number 22-438). Full results are provided in Appendix C.
The CHRIS Record Searches generally review file information based on results of Class III pedestrian reconnaissance surveys of project sites conducted by qualified individuals or consultant firms which are required to be submitted, along with official state forms properly completed for each identified resource, to the Regional Archaeological Information Center. Guidelines for the format and content of all types of archaeological reports have been developed by the California Office of Historic Preservation, and reports will be reviewed by the regional information centers to determine whether they meet those requirements.
The results of the SJJIC CHRIS Record Search indicate:
(1) There have been no previous cultural resource studies conducted within the Project Area. There have been ten (10) additional cultural resource studies conducted within the one-half mile radius:
KE-00285, 00297, 00411, 00690, 03101, 04013, 04079, 04489, 04959, 05040.
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(2) There are no recorded resources within the Project Area, and it is not known if any exist there.
There are seven (7) known resources within the one-half mile radius. These resources consist of historic single-family properties, trash scatters, trees, and roads, in addition to a row of palm trees and Highway 223.
(3) There are no recorded cultural resources within the Project Area or one-half mile radius that are listed in the National Register of Historic Places, the California Register of Historical Resources, the California Points of Historical Interest, California Inventory of Historic Resources, or the California State Historic Landmarks.
Further, the SJJIC provided the following comments and recommendations:
(1) Prior to any future development and ground disturbance activities, a qualified, professional consultant should conduct a field survey to determine if cultural resources are present. (2) Contact the NAHC for a list of Native American individuals/organizations that can assist with information regarding cultural resources; consult the SLF.
California Native American Heritage Commission (NAHC)
A consultation list of tribes with traditional lands or cultural places located within Kern County was requested and received from the California Native American Heritage Commission (NAHC) on August 8, 2022. The listed tribes include Big Pine Paiute Tribe of the Owens Valley, Coastal Band of the Chumash Nation, Kitanemuk and Yowlumne Tejon Indians, Tejon Indian Tribe, and Tule River Indian Tribe. The NAHC also conducted a Sacred Lands File (SFL) check which received negative results.
AB 52 and SB 18 Tribal Consultation
The City of Arvin conducted formal tribal consultation pursuant to AB 52 (Chapter 532, Statutes 2014) and SB 18 (Chapter 905, Statutes 2004) on August 19, 2022 and December 16, 2022, utilizing the consultation list of tribes received from the NAHC. The same five (5) tribes listed above were included in the formal consultation. Consultation for AB 52 ended on September 18, 2022 and January 15, 2023, and consultation for SB 18 ended on November 17, 2022 and March 16, 2023. No response was received.
General Plan
The Arvin General Plan Conservation and Open Space Element identifies the following goal and policy related to historic and cultural resources. No historic or cultural resources are identified in the General Plan.
Goal 2 Develop and expand public open spaces and facilities for the enjoyment, health, and well-being of community residents.
Policy CO-2.1 Encourage conservation and promotion of the City’s historical and cultural resources.
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4.5.2 Impact Assessment
Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
Less than Significant with Mitigation Incorporated. Based on the CHRIS Records Search conducted on August 29, 2022 and November 28, 2022, there are no local, state, or federal designated historical resources on the Project site. While there is no evidence that historical resources exist on the Project site, there is some possibility that hidden and buried resources may exist in the area with no surface evidence.
As such, the Project would not cause a change to a historical resource pursuant to Section 15064.5. In the event of the accidental discovery and recognition of previously unknown resources before or during grading activities, the Project shall incorporate Mitigation Measure CUL-1 to further assure construction activities do not result in significant impacts to any potential cultural resources discovered below ground surface. Thus, if such resources were discovered, implementation of the required mitigation measures would reduce the impact to less than significant. As a result, the Project would have a less than significant impact with mitigation incorporated.
Mitigation Measure CUL-1: In order to avoid the potential for impacts to historic and prehistoric archaeological resources, the following measures shall be implemented, as necessary, in conjunction with the construction of each phase of the Project:
a. Cultural Resources Alert on Project Plans. The project proponent shall note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources. b. Stop Work Near any Discovered Cultural Resources. The project proponent shall retain a professional archaeologist on an “on-call” basis during ground disturbing construction for the project to review, identify and evaluate cultural resources that may be inadvertently exposed during construction. Should previously unidentified cultural resources be discovered during construction of the project, the project proponent shall cease work within 100 feet of the resources, and City of Arvin shall be notified immediately. The archaeologist shall review and evaluate any discoveries to determine if they are historical resource(s) and/or unique archaeological resources under CEQA. c. Mitigation for Discovered Cultural Resources. If the professional archaeologist determines that any cultural resources exposed during construction constitute a historical resource and/or unique archaeological resource, he/she shall notify the project proponent and other appropriate parties of the evaluation and recommended mitigation measures to mitigate the impact to a less-than-significant level. Mitigation measures may include avoidance, preservation in-place, recordation, additional archaeological testing and data recovery, among other options. Treatment of any significant cultural resources shall be undertaken with the approval of the City of Arvin. The archaeologist shall document the resources using DPR 523 forms and file said forms with the California Historical Resources Information System, Southern San Joaquin Valley Information Center. The resources shall be photo documented and collected by the archaeologist for submittal to the City of Arvin. The archaeologist shall be required to submit to the City of Arvin for review and approval a report of the findings and
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method of curation or protection of the resources. Further grading or site work within the area of discovery shall not be allowed until the preceding steps have been taken. d. Disposition of Cultural Resources. Upon coordination with the City of Arvin, any pre-historic archaeological artifacts recovered shall be donated to an appropriate Tribal custodian or a qualified scientific institution where they would be afforded applicable cultural resources laws and guidelines. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
Less than Significant with Mitigation Incorporated. Based on the CHRIS Records Search conducted on August 29, 2022 and November 28, 2022, there is no evidence that archaeological resource of any type exists on the Project site. Nevertheless, there is some possibility that a non-visible, buried site may exist and may be uncovered during ground disturbing construction activities which would constitute a significant impact. To further assure future development does not result in significant impacts to any potential cultural resources, the Project shall incorporate Mitigation Measure CUL-1 as described in criterion a). As a result, the Project would have a less than significant impact with mitigation incorporated.
c) Disturb any human remains, including those interred outside of formal cemeteries? Less than Significant Impact with Mitigation Incorporated. There is no evidence that human remains exist on the Project site. Nevertheless, there is some possibility that a non-visible buried site may exist and may be uncovered during ground disturbing construction activities which would constitute a significant impact. If any human remains are discovered during construction, CCR Section 15064.5(e), PRC Section 5097.98, and California Health and Safety Code Section 7050.5 will mitigate for the impacts. To further assure future construction activities do not result in significant impacts to any potential resources or human remains discovered below ground surface, the Project shall incorporate Mitigation Measure CUL2. Therefore, if any human remains were discovered, implementation of this mitigation and referenced regulations would reduce the Project’s impact to less than significant.
Mitigation Measure CUL-2: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss
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and confer with the descendants all reasonable options regarding the descendants' preferences for treatment.
4.5.3 Mitigation Measures
The proposed project shall implement and incorporate, as applicable, the cultural resources related mitigation measures as identified in the attached Mitigation Monitoring Checklist dated January 2023.
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4.6 ENERGY
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in potentially significant
environmental impact due to
wasteful, inefficient, or unnecessary
consumption of energy resources,
during project construction or
operation?
X
b) Conflict with or obstruct a state or
local plan for renewable energy or
energy efficiency?
X
4.6.1 Environmental Setting
Appendix F – Energy Conservation of the CEQA Guidelines requires consideration of energy implications in project decisions, including a discussion of the potential energy impacts with emphasis on avoiding or reducing inefficient, wasteful, and unnecessary consumption of energy resources (Public Resources Code Section 21100(b)(3)). Per Appendix F, a project would be considered inefficient, wasteful, and unnecessary if it violated existing energy standards, had a negative effect on local and regional energy supplies and requirements for additional capacity, had a negative effect on peak and base period demands for electricity and other energy forms, and effected energy resources.
The California Energy Commission updates the Building Energy Efficiency Standards (Title 24, Parts 6 and 11) every three years as part of the California Code of Regulations. The standards were established in 1978 in effort to reduce the state’s energy consumption. They apply for new construction of, and additions and alterations to, residential and nonresidential buildings and relate to various energy efficiencies including but not limited to ventilation, air conditioning, and lighting.12F 13 The California Green
Building Standards Code (CALGreen), Part 11, Title 24, California Code of Regulations, was developed in 2007 to meet the state goals for reducing Greenhouse Gas emissions pursuant to AB32. CALGreen covers five (5) categories: planning and design, energy efficiency, water efficiency and conservation, material and resource efficiency, and indoor environmental quality.13F 14 The 2019 Building Energy Efficiency
Standards went into effect on January 1, 2020. Additionally, the California Air Resources Board (CARB) oversees air pollution control efforts, regulations, and programs that contribute to reduction of energy consumption. Compliance with these energy efficiency regulations and programs ensure that development will not result in wasteful, inefficient, or unnecessary consumption of energy sources. 13 California Energy Commission. 2019 Building Energy Efficiency Standards. Accessed on September 12, 2022, https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards/2019-buildingenergy-efficiency 14 California Department of General Services. (2020). 2019 California Green Building Standards Code. Accessed on September 12, 2022, https://codes.iccsafe.org/content/CGBC2019P3
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Lastly, the Energy Action Plan (EAP) for California was approved in 2003 by the California Public Utilities Commission (PUC). The EAP established goals and next steps to integrate and coordinate energy efficiency demand and response programs and actions.14F 15 General Plan
The Arvin General Plan Air Quality Element identities the following goal and policies for energy conservation.
Goal 3. Promote energy conservation in homes, businesses, and City operations.
Policy AQ-3.1. Incorporate energy-conserving design and construction techniques into the construction and renovation of City facilities.
Policy AQ-3.2. Encourage the use of building materials and methods that increase efficiency beyond State Title 24 standards.
Policy AQ-3.3. Encourage the use of energy-efficient appliances, such as water heaters, cooking equipment, refrigerators, furnaces and other units, where feasible.
Policy AQ-3.4. Encourage the implementation of cost-effective and innovative emissions-reduction technologies in building components and design.
Policy AQ-3.5. Promote the implementation of sustainable design strategies for “cool communities” such as reflective roofing, light-colored pavement, shade trees, and other measures to reduce energy demand.
Policy AQ-3.6. Proactively work with appropriate State, County, regional, and local agencies as well as private partners to seek funding sources and implement programs to reduce water and energy use, reduce pollutant emissions, and reduce the creation of greenhouse gases.
The Arvin General Plan Open Space and Conservation Element identities the following goal and policies for energy conservation.
Goal 9. Improve energy efficiency of all new construction in the Arvin Area.
Policy CO-9.1. Encourage the use of energy efficient building materials, installation of energy efficient appliances, and energy efficient design and construction.
Policy CO-9.2. Enforce the State Energy Conservation Standards for both residential and commercial uses.
15 State of California. (2008). Energy Action Plan 2008 Update. Accessed on September 14, 2022, https://docs.cpuc.ca.gov/word_pdf/REPORT/28715.pdf
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4.6.2 Impact Assessment
Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact. Although no development is currently proposed, future development that results from Project implementation would consume energy resources. Energy would be consumed through future construction and operations. Construction activities typically include site preparation, grading, paving, architectural coating, and trenching. Demolition would not be required because there are no existing structures. The primary source of energy for construction activities are diesel and gasoline, from the transportation of building materials and equipment and construction worker trips. Operations would involve heating, cooling, equipment, and vehicle trips. Energy consumption related to operations would be associated with natural gas, electricity, and fuel.
All construction equipment and operational activities shall conform to current emissions standards and related fuel efficiencies, including applicable CARB regulations (Airborne Toxic Control Measure), California Code of Regulations (Title 13, Motor Vehicles), and Title 24 standards that include a broad set of energy conservation requirements (e.g., Lighting Power Density requirements). Compliance with such regulations would ensure that the short-term, temporary construction activities and long-term operational activities do not result in wasteful, inefficient, or unnecessary consumption of energy resources.
Energy outputs for short-term construction and long-term operations were estimated using CalEEMod (Appendix A) and Project assumptions. Traffic impacts related to vehicle trips were considered through a Vehicle Miles Traveled (VMT) analysis contained in Section 4.17. Results are summarized as follows.
The Project site would be served by PG&E for both electricity and natural gas. Kern County consumed approximately 14,966 GWh of electricity, or 5.4 percent of electricity generated in California in 2020 (279,510 GWh) and approximately 65,163,441,106 MMBtu, or 18 percent of natural gas generated in California in 2020 (361,315,229,767)
16 Table 4-4 shows the estimated electricity and natural gas consumption for the Project based on output from CalEEMod. Development of the Project would consume less than one (1) percent of the total electricity use in Kern County in 2020 and less than one (1) percent of the total natural gas use in Kern County in 2020. These results do not rise a level of significance. 16 California Energy Commission. “Electricity Consumption by County.” Accessed on September 7, 2022, http://ecdms.energy.ca.gov/elecbycounty.aspx
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Table 4-4 Project Energy Consumption
Energy Consumption Electricity (GWh per year) Natural Gas (MMBtu per year) Project 0.84157 3,203.12
Kern County 14,966.00000 65,163,441,106.00
Project Percentage (%) 0.00562 0.00
Regarding energy consumed through vehicle trips, development of the Project site to the maximum would not rise to a level of significance as described under Section 4.17.
Overall, energy consumption for the Project does not rise to a level of significance. In addition, through compliance with applicable CARB regulations (Airborne Toxic Control Measure), California Code of Regulations (Title 13, Motor Vehicles), and Title 24 standards, it can be determined that the proposed Project would not consume energy in a manner that is wasteful, inefficient, or unnecessary. For these reasons, the Project would result in a less than significant impact. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant Impact. As discussed under criterion a), the construction and operations of the Project would be subject to compliance with applicable energy efficiency regulations. Thus, applicable state and local regulations and programs would be implemented to reduce energy waste from construction and operations. Therefore, through compliance, the Project would not conflict with or obstruct any state or local plan for energy efficiency and a less than significant impact would occur because of the Project.
4.6.3 Mitigation Measures
None required.
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4.7 GEOLOGY AND SOILS
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Directly or Indirectly cause potential
substantial adverse effects, including
the risk of loss, injury, or death
involving:
i. Rupture of a known earthquake
fault, as delineated on the most
recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the
State Geologist for the area or
based on other substantial
evidence of a known fault? Refer
to Division of Mines and Geology
Special Publication 42.
X
ii. Strong seismic ground shaking? X
iii. Seismic-related ground failure,
including liquefaction? X
iv. Landslides? X
b) Result in substantial soil erosion or
the loss of topsoil? X
c) Be located on a geologic unit or soil
that is unstable, or that would
become unstable as a result of the
project, and potentially result in onor off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
X
d) Be located on expansive soil, as
defined in Table 18-1-B of the
Uniform Building Code (1994),
creating substantial risks to life or
property?
X
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal
systems where sewers are not
available for the disposal of waste
water?
X
f) Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?
X
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4.7.1 Environmental Setting
The Project site is in the San Joaquin Valley which is one of the two large valleys comprising the Great Valley Geomorphic Province. The sediment layer in the Arvin area is approximately 4,800 ft. thick and consists of stratified sandstone, conglomerates, and shale. 17 A search of the Web Soil Survey by the USDA Natural Resources Conservation Service indicates that the Project site is 100% categorized as 144 – Hesperia sandy loam, 0 to 2 percent slopes, well drained, and very low runoff. The depth to water table is more than 80 inches. 2F
18A brief discussion of the likelihood of seismic activities to occur in or affect Arvin is provided below.
Faulting
According to the General Plan, there are no known active faults within or near city limits and seismic hazard mapping indicates that the city, inclusive of the Project site, has low seismic hazard potential. The nearest Alquist-Priolo Faults to the city of Arvin include the White Wolf Fault and Edison Fault, which are respectively located three (3) miles south and eight (8) miles north of Arvin. 19 With the proximity to these faults, the city is likely to experience hazards associating with faulting such as ground shaking.
Ground Shaking
The 2020 Kern County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) assessed a possible probability and critical impact for earthquake hazards, listing earthquake as a high priority hazard category in the city of Arvin.20 The HMP identified that the city has exposure to strong, very strong, and severe Modified Mercalli Intensity (MMI) classes. The Project site is located in an area categorized with exposure to strong ground shaking. Ground shaking can induce secondary seismic hazards such as liquefaction, lateral spreading, subsidence, ground fissuring, and landslides.
Secondary Seismic Hazards
According to the Arvin General Plan Safety Element, liquefaction, earthquake-induced landslide, and slope failure, and seismic seiches are unlikely to occur in Arvin. The limited occurrences are confirmed by the MJHP as well as the California Geological Survey.21 17 City of Arvin. (2019) City of Arvin General Plan Update Safety Element. Accessed on August 23, 2022, https://arvin.org/DocumentCenter/View/180/February-2019-General-Plan-Part-1-of-3-PDF 18 United States Department of Agriculture Natural Resources Conservation Service. Web Soil Survey. Accessed on November 15, 2022, https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx 19 California Department of Conservation. Alquist-Priolo Site Investigation Reports. Accessed on September 7, 2022, https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html 20 Kern County Fire Department Office of Emergency Services. (2020). County of Kern Multi-Jurisdictional Hazard Mitigation Plan. Accessed on September 12, 2022, https://mitigatehazards.com/county-of-kern/kern-hmp-docs/ 21 California Geological Survey. Earthquake Hazards Zone Application. Accessed on September 7, 2022, https://maps.conservation.ca.gov/cgs/EQZApp/app/
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California Building Code
The California Code of Regulations (CCR) Title 24 is assigned to the California Building Standards Commission, which, by law, is responsible for coordinating all building standards. The California Building Code incorporates by reference the International Building Code with necessary California amendments.
About one-third of the text within the California Building Standards Code has been tailored for California earthquake conditions. Construction within the city of Arvin is governed by the seismic safety standards of Chapter 16 of the Code. These standards are applicable to all new buildings and are required to provide the necessary safety from earthquake related effected emanating from fault activity.
General Plan
The Arvin General Plan Safety Element identifies several goals and policies to reduce the risk of geologic and seismic hazards. Some applicable policies are as follows:
Goal SAF-2. A community protected from loss of life or injury and damage to property due to geologic and seismic hazards.
Policy SAF-2.1: Continue to incorporate geotechnical hazard data in future land use decisionmaking, site design, and construction standards.
Policy SAF-2.2: Adopt the latest version of the building codes adopted by the State of California and ensure implementation in all new construction and renovations.
Policy SAF-2.3: Require site-specific soils and/or geologic reports for development in areas where potentially serious geologic risk exist.
Policy SAF-2.4: Monitor and enforce mitigation measures to reduce risks for projects where seismic and geologic hazards can be mitigated and prohibit development in areas where seismic and geologic hazards cannot be mitigated.
4.7.2 Impact Assessment
Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
No Impact. There are no known active earthquake faults in Arvin (inclusive of the Project site), nor is Arvin within an Alquist-Priolo earthquake fault zone as established by the Alquist-Priolo Fault Zoning Act. Thus, the Project would not cause rupture of a known earthquake fault and therefore, would have no impact.
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ii. Strong seismic ground shaking?
Less than Significant Impact. The Project site is located in an area categorized with exposure to strong ground shaking per the Modified Mercalli Intensity (MMI) scale, which could cause slight damage in buildings such as fallen plaster.
22 Future development of the Project site would be required to comply with current seismic protection standards in the California Building Code which would significantly limit potential damage to structures and thereby reduce potential impacts including the risk of loss, injury, or death. Compliance with the California Building Code would ensure a less than significant impact. iii. Seismic-related ground failure, including liquefaction? Less than Significant Impact. Ground shaking can induce secondary seismic hazards such as liquefaction.
According to the Arvin General Plan Safety Element, liquefaction is unlikely to occur in Arvin. The Project site is not within or near a liquefaction zone identified by the California Geological Survey. There are also no geologic hazards or unstable soil conditions known to exist on the Project site. The site is relatively flat with stable soils and no apparent unique or significant landforms. For this reason, liquefaction or seismically induced settlement or bearing loss is considered unlikely, even if there should be a substantial increase in ground water level. Lastly, future development of the Project site would be required to comply with the City’s grading and drainage standards which would further reduce the likelihood of settlement or bearing loss. For these reasons, the Project does not have any aspect that could result in seismic-related ground failure including liquefaction and a less than significant impact would occur because of the Project.
iv. Landslides?
No Impact. The topography of the Project site is relatively flat with stable, native soils, and the site is not in the immediate vicinity of rivers or creeks that would be more susceptible to landslides. In addition, the Project does not have any aspect that could result in landslides. Therefore, no impact would occur because of the Project.
b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. Soil erosion and loss of topsoil can be caused by natural factors, such as wind and flowing water, and human activity. According to the General Plan, loss of topsoil in the city is slight due to the low degree of slope and the highly permeable nature of soil. Although no development is proposed, future development of the Project site would require typical site preparation activities such as grading and trenching which may result in the potential for short-term soil disturbance or erosion impacts. Soil disturbance during construction is largely caused by the use of water. Excessive soil erosion could cause damage to existing structures and roadways.
The likelihood of erosion occurring during construction would be reduced through site grading and surfacing, which would be subject to review and approval by the City for compliance with applicable 22 U.S. Geological Survey. The Modified Mercalli Intensity Scale. Accessed on September 8, 2022, https://www.usgs.gov/programs/earthquake-hazards/modified-mercalli-intensity-scale
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standards. The likelihood of erosion would be further reduced through compliance with regulations set by the State Water Resources Control Board (SWRCB). Namely, the SWRCB requires sites larger than one (1) acre to comply with the General Permit for Discharges of Storm Water Associated with Construction Activity (i.e., General Permit Order No. 2012-0006-DWQ). The General Permit requires the development of a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). The SWPPP estimates the sediment risk associated with construction activities and includes best management practices (BMP) to control erosion. BMPs specific to erosion control cover erosion, sediment, tracking, and waste management controls. Implementation of the SWPPP minimizes the potential for the Project to result in substantial soil erosion or loss of topsoil. With these provisions in place, impacts to soil and topsoil by the Project would be considered less than significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
Less than Significant Impact. Ground subsidence is the settling or sinking of surface soil deposits with little or no horizontal motion. Soils with high silt or clay content are subject to subsidence. Subsidence typically occurs in areas with groundwater withdrawal or oil or natural gas extraction.
The Project site is within the Oil and Gas Field Boundary identified by the California Department of Conservation Geologic Energy Management Division (CalGEM). According to CalGEM Well Finder, there are three (3) existing oil/gas well (well numbers 2, 3, and 4) that are plugged, meaning that the well is filled with cement and abandoned and thus, all oil or natural gas extraction has ceased. There is also one (1) existing active well (API 0402914431) that has been abandoned and is required to be capped. 23 Further, the topography of the site is relatively flat with stable, native soils and no apparent unique or significant landforms. Future development of the Project site would be required to comply with current seismic protection standards in the California Building Code which would significantly limit potential seismic-related hazards such as landslides, lateral spreading, subsidence, liquefaction, or collapse.
Compliance with the California Building Code would ensure a less than significant impact. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property? No Impact. The Project site is relatively flat and stable, native soils of Hesperia sandy loam. Sandy loam soils are not classified as expansive soil, as defined in Table 18-1-B of the Uniform Building Code and would not create substantial direct or indirect risks to life or property. Thus, no impact would occur because of the Project.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? 23 California Department of Conservation Geologic Energy Management Division. Well Finder. Accessed on September 8, 2022, https://maps.conservation.ca.gov/doggr/wellfinder/#openModal/-118.94276/37.10257/6
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No Impact. The Project site is within city limits and thus, will be required to connect to City wastewater services. Thus, no septic tanks or alternative wastewater disposal systems would be installed, and no impact would occur because of the Project.
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than Significant Impact. As discussed in the Cultural Resources section above, there are no known paleontological resources or unique geological features known to the City on this site. In addition, the Project site is previously disturbed with construction. Nevertheless, there is some possibility that a nonvisible, buried site may exist and may be uncovered during ground disturbing construction activities which would constitute a significant impact. To further assure future development does not result in significant impacts to any potential resources, the Project shall incorporate Mitigation Measures CUL-1 and CUL-2 as described in Section Error! Reference source not found.. Therefore, if any paleontological resources or g eologic features were discovered, implementation of CUL-1 and CUL-2 would reduce the Project’s impact to less than significant.
4.7.3 Mitigation Measures
None required.
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4.8 GREENHOUSE GAS EMISSIONS
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions,
either directly or indirectly, that may
have a significant impact on the
environment?
X
b) Conflict with an applicable plan,
policy or regulation adopted for the
purpose of reducing the emissions of
greenhouse gases?
X
4.8.1 Environmental Setting
Various gases in the Earth’s atmosphere, classified as atmospheric greenhouse gases (GHGs), play a critical role in determining the Earth’s surface temperature. Solar radiation enters Earth’s atmosphere from space, and a portion of the radiation is absorbed by the Earth’s surface. The Earth emits this radiation back toward space, but the properties of the radiation change from high-frequency solar radiation to lower-frequency infrared radiation.
Naturally occurring greenhouse gases include water vapor (H2O), carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and ozone (O3). Several classes of halogenated substances that contain fluorine, chlorine, or bromine are also GHGs, but they are, for the most part, solely a product of industrial activities. Although the direct greenhouse gases CO2, CH4, and N2O occur naturally in the atmosphere, human activities have changed their atmospheric concentrations. From the pre-industrial era (i.e., ending about 1750) to 2011, concentrations of these three GHGs have increased globally by 40, 150, and 20 percent, respectively (Intergovernmental Panel on Climate Change [IPCC], 2013).
GHGs, which are transparent to solar radiation, are effective in absorbing infrared radiation. As a result, this radiation that otherwise would have escaped back into space is now retained, resulting in a warming of the atmosphere. This phenomenon is known as the greenhouse effect. Among the prominent GHGs contributing to the greenhouse effect are carbon dioxide (CO2), methane (CH4), ozone (O3), water vapor, nitrous oxide (N2O), and chlorofluorocarbons (CFCs).
The emissions from a single project will not cause global climate change, however, GHG emissions from multiple projects throughout the world could result in a cumulative impact with respect to global climate change. Therefore, the analysis of GHGs and climate change presented in this section is presented in terms of the proposed project’s contribution to cumulative impacts and potential to result in cumulatively considerable impacts related to GHGs and climate change.
Cumulative impacts are the collective impacts of one or more past, present, and future projects that, when combined, result in adverse changes to the environment. In determining the significance of a proposed project’s contribution to anticipated adverse future conditions, a lead agency should generally undertake a two‐step analysis. The first question is whether the combined effects from both the
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proposed project and other projects would be cumulatively significant. If the agency answers this inquiry in the affirmative, the second question is whether “the proposed project’s incremental effects are cumulatively considerable” and thus significant in and of themselves.
The cumulative project list for this issue (climate change) comprises anthropogenic (i.e., human made) GHG emissions sources across the globe and no project alone would reasonably be expected to contribute to a noticeable incremental change to the global climate. However, legislation and executive orders on the subject of climate change in California have established a statewide context and process for developing an enforceable statewide cap on GHG emissions. Given the nature of environmental consequences from GHGs and global climate change, CEQA requires that lead agencies consider evaluating the cumulative impacts of GHGs. Small contributions to this cumulative impact (from which significant effects are occurring and are expected to worsen over time) may be potentially considerable and, therefore, significant.
Executive Order S‐3‐05
California adopted EO B-3-05 on June 1, 2005, which established an emissions reduction to 80 percent below 1990 levels by 2030.
Executive Order B‐30‐15
California adopted EO B-30-15 on April 29, 2015, which established an emissions reduction to 40 percent below 1990 levels by 2030.
Thresholds of Significance
In assessing the significance of impacts from GHG emissions, Section 15064.4(b) of the CEQA Guidelines states that a lead agency may consider the following:
• The extent to which the project may increase or reduce GHG emissions as compared to the environmental setting;
• Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project;
• The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions.
The California Air Resources Board (CARB) 2017 Climate Change Scoping Plan, guidance from the SJVAPCD, and SJVAPCD Climate Change Action Plan are discussed below and are utilized as thresholds of significance.
2017 Climate Change Scoping Plan
The CARB 2017 Scoping Plan is the adopted statewide plan for reduction or mitigation of GHGs to implement State Bill (SB) 32. SB 32 was issued in 2016 to lay emission reduction goals beyond AB 32’s goal by 2020. It sets a statewide goal to reduce emissions 40% below 1990 levels by 2030. Consequently, the Scoping Plan involves several measures to reduce pollution and GHG emissions, indicating a decrease of GHG emissions to 389 million metric tons (MMT) of CO2e by 2030.
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2009 San Joaquin Valley Air Pollution Control District Guidance As part of the SJVAPCD Climate Change Action Plan (CCAP), SJVAPCD adopted its Guidance for Valley Land‐use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA and the policy District Policy - Addressing GHG Emission Impacts for Stationary Source Projects Under CEQA When Serving as the Lead Agency in 2009. 25F
24,
26F
25 Through this guidance document, SJVAPCD recognized that project-specific emissions are cumulative and could be considered cumulatively considerable without mitigation. SJVAPCD suggested that the requirement to reduce GHG emissions for all projects is the best method to address this cumulative impact. In addition, this guidance provides screening criteria for climate change analyses, as well as draft guidance for the determination of significance. As shown in Figure 4-1, these criteria are used to evaluate whether a project would result in a significant climate change impact. Projects that meet one of these criteria would have less than significant impact on the global climate.
1. Exempt from CEQA;
2. Complies with an approved GHG emission reduction plan or GHG mitigation program;
3. Achieves 29 percent GHG reductions by using approved Best Performance Standards; or
4. Achieves AB 32 targeted 29 percent GHG reductions compared with “business as usual.” Further, the SJVAPCD requires quantification of GHG emissions for all projects which the lead agency has determined that an EIR is required. Although an EIR is not required for the Project, the GHG emissions are quantified below. Although no specific project is currently proposed, short-term construction and longterm operational GHG emissions for project buildout were estimated using CalEEModTM (v.2020.4.0). (See Appendix A). Emissions are expressed in annual metric tons of CO2 equivalent units of measure (i.e., MTCO2e), based on the global warming potential of the individual pollutants. (1) CalEEMod Assumptions: Although no specific development project is currently proposed, shortterm construction and long-term operational GHG emissions for the Project were estimated using CalEEModTM (v.2020.4.0) (See Appendix A for output files) with the following assumptions:
• Future Multi-Family Residential Development on the 8.25-acre project site that is developed to the maximum density of 24 dwelling units per acre, totaling 212 dwelling units. • CalEEMod default factors with the exception of construction factors. Because the Project site is vacant with no improvements or structures, “demolition” was removed as a construction phase as demolition of existing structures would not be required. 24 San Joaquin Valley Air Pollution Control District. (2009). Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA. Accessed September 12, 2022, http://www.valleyair.org/Programs/CCAP/12-17-09/3%20CCAP%20-%20FINAL%20LU%20Guidance%20- %20Dec%2017%202009.pdf
25 San Joaquin Valley Air Pollution Control District. (2000). Environmental Review Guidelines: Procedures for Implementing the California Environmental Quality Act. Accessed September 12, 2022, http://www.valleyair.org/transportation/CEQA%20Rules/ERG%20Adopted%20_August%202000_.pdf
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Figure 4-1 SJVAPCD’s GHG Thresholds of Significance
Source: SJVAPCD Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA – Land Use Development Projects 2009
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General Plan
The Arvin General Plan Land Use Element and Air Quality Element include policies to reduce greenhouse gas emissions as required by SB 375 and AB 32, some are listed as follows:
Land Use Element Goal 2: Create high-quality walkable neighborhoods that exemplify sustainable practices and reduce greenhouse gas emissions.
Policy LU-2.1 Require new development, wherever possible, to provide convenient, direct and safe bicycle and pedestrian connections.
Policy LU-2.2 Create active neighborhood districts that cluster jobs, services, goods and cultural and recreational uses within walking distance of residences to create a focus for community activity.
Policy LU-2.3 Develop the Jewett Square and Meyer/Sycamore opportunity sites as walkable neighborhoods, with assets and amenities that contribute positively to Arvin's quality of life and civic identity.
Land Use Element Goal 7: Ensure that new housing is produced in ways that reduce greenhouse gas Emissions.
Policy LU-7.1 Locate new medium and high density residential developments within walking distance of local retail, services and community facilities.
Policy LU-7.2 Encourage or facilitate the inclusion of complementary land uses not already present within a neighborhood district such as grocery markets, daily services and parks.
Policy LU-7.3 Incorporate green building practices such as on-site solar energy generation, water conservation and environmentally friendly building materials as part of new residential development.
Air Quality Element Goal 1: Integrate air quality, land use and transportation planning and policy to reduce the emission of criteria pollutants and greenhouse gases from mobile sources.
Policy AQ-1.5: Promote infill growth within existing urban areas as a priority over outward expansion, where appropriate.
Policy AQ-1.6: Promote site planning and design that prioritizes pedestrian and bicycle access and contributes to a safe, pleasant street environment for those arriving on foot or bicycle.
Policy AQ-1.7: Recommend the use of traffic calming measures, where appropriate, within subdivision plans (e.g., median crossing islands, curb extensions, mini-roundabouts) in order to improve the safety and viability of pedestrian and bicycle travel.
Policy AQ-1.8: Coordinate with the SJVAPCD on the review of proposed development projects.
Policy AQ-1.10: To the greatest extent feasible, identify and mitigate the air quality and greenhouse gas emissions impacts of all development projects.
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Air Quality Goal 2: Encourage the use of low-emission vehicles in City operations and in the larger community.
Policy AQ-2.1: Replace City fleet vehicles with low-emission technology vehicles wherever possible.
Policy AQ-2.2: Give preference to contractors using reduced-emission equipment for City construction projects, as well as for City service contracts.
Policy AQ-2.3: Encourage developments and street systems that accommodate the use of neighborhood electric vehicles (NEVs) for local travel.
4.8.2 Impact Assessment
Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less than Significant Impact. As stated above, the SJVAPCD recommends a tiered approach to assess the significance of the GHG impacts on the environment (see Figure 4-1). Neither the City of Arvin nor Kern County has developed a quantitative threshold of significance for GHG emissions. Consequently, compliance with an adopted statewide, regional, or local plan for GHG emission reduction or mitigation is used to determine whether the Project would have a less than significant individual and cumulative impact for GHG emissions. As discussed in more detail under criterion b), the Project would be generally consistent with the applicable goals and policies related to GHG reduction measures, including CARB’s 2017 Scoping Plan, SJVAPCD guidelines, and the City of Arvin General Plan goals and policies that aim to reduce air emissions and improve air quality, which reduces GHG emissions as a result. Through compliance with the Scoping Plan, SJVAPCD guidelines, and General Plan, it can be determined that the Project would not occur at a scale or scope with potential to contribute substantially or cumulatively to the generation of greenhouse gas emissions and therefore the impact would be less than significant.
Lastly, Project-related emissions were estimated using CalEEMod in compliance with CEQA Guidelines Section 15064.4. Estimated emissions are presented and discussed below. Project assumptions are provided in Section 4.3.
Construction Emissions
The SJVAPCD does not recommend assessing pollution associated with construction, as pollution-related construction will be temporary. However, other jurisdictions such as the Sacramento Metropolitan Air Quality Management District (SMAQMD) have concluded that construction emissions should be included since they may remain in the atmosphere for years after construction is complete. The SMAQMD has established quantitative significance thresholds of 1,100 MT CO2e per year for the construction phases of land use projects. As such, annual construction emissions below the 1,100 MTCO2e would have a less than significant cumulative impact on GHGs. As presented below, maximum short-term annual construction emissions of GHG associated with development of the project are estimated to be 266.5439 MTCO2e. This is less than the 1,100 MTCO2e threshold of the SMAQMD.
Operational Emissions
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Regarding the long-term operational related GHG emissions, the estimated operational emissions for buildout of the Project incorporates the potential area source and vehicle emissions, and emissions associated with utility and water usage, and wastewater and solid waste generation. Since the SJVAPCD guidance for addressing GHG impacts does not use numerical GHG emissions thresholds, at the lead agency’s discretion, a neighboring air district’s GHG threshold may be used to determine impacts. The South Coast Air Quality Management District (SCAQMD) adopted the staff proposal for an interim GHG significance threshold of 10,000 MTCO2e per year for GHG for construction and operational emissions.
Though the Project is under SJVAPCD jurisdiction, the SCAQMD GHG threshold provides some perspective on the GHG emissions generated by the Project. As such, annual operational emissions below the 10,000 MTCO2e would have a less than significant cumulative impact on GHGs. As shown in Table 4-5, the annual operational GHG emissions associated with buildout of the Project would be 1,582.6197 MTCO2e. This is less than the 10,000 MTCO2e threshold of the SCAQMD.
Table 4-5 Project Greenhouse Gas Emissions (Metric Tons Per Year) Total CO2 CH4 N2O CO2e
Construction
Construction, Unmitigated (max) 263.6727 0.0437 0.00597 266.5439 Operational
Operational, Unmitigated (total) 1,516.3180 1.6995 0.0799 1,582.6197 Source: CalEEMod, Version 2020.4.0, ran on January 6, 2023 Further, the Project would not exceed the thresholds of significance for construction or operation emissions as discussed in Section 4.3. Cumulatively, these emissions would not generate a significant contribution to global climate change over the lifetime of the proposed Project. As such, it can be determined that the Project would not occur at a scale or scope with potential to contribute substantially or cumulatively to the generation of GHG emissions and therefore the impact would be less than significant.
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less than Significant Impact. The compatibility of the Project with the 2017 Scoping Plan and the SJVAPCD’s CCAP is evaluated below.
Consistency with the 2017 Climate Change Scoping Plan
Based on the evaluation shown in Table 4-6, the Project is consistent with the reduction measures identified in the 2017 Scoping Plan.
Table 4-6 Scoping Plan Reduction Measures Consistency Analysis Reduction Measure Measure Description Consistency/Applicability Determination SB 350 Renewable
Portfolio Standard
Statewide requirement to increase
the renewable energy mix from
33% in 2020 to 50% in 2030.
Renewable energy sources include
(but are not limited to) wind, solar,
geothermal, small hydroelectric,
biomass, anaerobic digestion, and
Consistent. Future development resulting
from the Project will receive electricity
from PG&E, which is subject to the SB 350
Renewable Portfolio Standard.
Additionally, future development would
be required to meet the State Building
Energy Efficiency Standards (Title 24,
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landfill gas. Parts 6 and 11).
Low Carbon Fuel
Standard
Requires fuel providers to meet an
18 percent reduction in carbon
content by 2030.
Not Applicable. This measure is a
statewide measure that is not
implemented by a project applicant or
lead agency. Therefore, the measure is
not applicable to the proposed project.
However, when the measure is initiated, it
would be applicable to vehicles that
would access the Project site.
Mobile Source
Strategy (Cleaner
Technology and
Fuels [CTF]
Scenario)
Vehicle manufacturers will be
required to meet existing
regulations mandated by the LEV III
and Heavy-Duty Vehicle programs.
The strategy includes a goal of
having 4.2 million ZEVs on the road
by 2030 and increasing numbers of
ZEV trucks and buses.
Not Applicable. This measure does not
have requirements that directly apply to
development projects. Therefore, the
measure is not applicable to the proposed
project. However, the Project would not
conflict or obstruct this reduction
measure.
SB 1383 ShortLived Climate
Pollutant (SLCP)
Reduction Strategy
The strategy requires the reduction
of methane and hydrofluorocarbon
(HFC) emissions by 40 percent from
2013 levels by 2030 and the
reduction of black carbon by 50
percent from 2013 levels by 2030.
Not Applicable. Black carbon is created
from the burning of fuels such as coal,
diesel, and biomass. Although no specific
development project is currently
proposed, heavy industrial uses are not
allowed in the proposed land use
designation or zone district and thus,
future uses are not anticipated to emit
black carbon from diesel heavy duty truck
trips. Therefore, the measure is not
applicable to the proposed project.
SB 375 Sustainable
Communities
Strategies
The strategy requires Regional
Transportation Plans (RTPs) to
include a sustainable communities’
strategy for reduction of per capita
vehicle miles traveled.
Not Applicable. This measure is
implemented at the regional level. KCOG
RTP/SCS include policies to reduce VMT
per capita per SB 32, SB 375, and AB 32.
The Project would not conflict or obstruct
reduction measures identified in the plan.
Post-2020 Cap-andTrade Program This Program is to continue the existing Cap-and-Trade Program.
The Program applies to large
industrial sources such as power
plants, refineries, and cement
manufacturers.
Not Applicable. Although no specific
development project is currently
proposed, heavy industrial uses are not
allowed in the proposed land use
designation or zone district. Therefore,
the measure is not applicable to the
proposed project.
Consistency with the SJVAPCD Climate Change Action Plan Maximum annual construction emissions of GHG associated with development of the Project are estimated to be 266.5439 MTCO2e and annual operational GHG emissions associated with buildout of the Project would be 1,582.6197 MTCO2e, which are under the threshold of 25,000 tons of CO2e per year.
Therefore, the Project would have a less than significant impact.
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Consistency with the Arvin General Plan
In reviewing the General Plan goals and policies on GHG reduction, most policies are to be implemented by the City and does not apply to individual development projects. Future development under the proposed Project would allow increase of the density of residential development, which is in line with Policy LU-7.1. The Project also promotes infill growth identified in Policy AQ-1.5. Future development would also be required to comply with the municipal code, CBC standards, and CalGreen to ensure the incorporation of green building practices and pedestrian infrastructure, as set forward in Policy LU-7.3, Policy AQ-1.7, and Policy LU-2.1.
In conclusion, the Project contains features that would reduce GHG emissions in compliance with the Scoping Plan, SJVAPCD guidance, and General Plan. As such, the Project would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs, and therefore the impact would be less than significant.
4.8.3 Mitigation Measures
None required.
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4.9 HAZARDS AND HAZARDOUS MATERIAL
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Create a significant hazard to the
public or the environment through
the routine transport, use, or disposal
of hazardous materials?
X
b) Create a significant hazard to the
public or the environment through
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials into
the environment?
X
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste
within one-quarter mile of an existing
or proposed school?
X
d) Be located on a site which is included
on a list of hazardous materials sites
compiled pursuant to Government
Code Section 65962.5 and, as a
result, would it create a significant
hazard to the public or the
environment?
X
e) For a project located within an
airport land use plan or, where such a
plan has not been adopted, within
two miles of a public airport or public
use airport, would the project result
in a safety hazard for people residing
or working in the project area?
X
f) Impair implementation of or
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?
X
g) Expose people or structures, either
directly or indirectly, to a significant
risk of loss, injury or death involving
wildland fires?
X
4.9.1 Environmental Setting
For the purposes of this section, the term “hazardous materials” refers to "injurious substances," which include flammable liquids and gases, poisons, corrosives, explosives, oxidizers, radioactive materials, and medical supplies and waste. These materials are either generated or used by various commercial and
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industrial activities. Hazardous wastes are injurious substances that have been or will be disposed.
Potential hazards arise from the transport of hazardous materials, including leakage and accidents involving transporting vehicles. There also are hazards associated with the use and storage of these materials and wastes. Hazardous materials are grouped into the following four categories based on their properties:
• Toxic: causes human health effect
• Ignitable: has the ability to burn
• Corrosive: causes severe burns or damage to materials • Reactive: causes explosions or generates toxic gases
“Hazardous wastes” are defined in California Health and Safety Code Section 25141(b) as wastes that:
“…because of their quantity, concentration, or physical, chemical, or infectious characteristics, [may either] cause or significantly contribute to an increase in mortality or an increase in serious illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.” A hazardous waste is any hazardous material that is discarded, abandoned, or slated to be recycled. If improperly handled, hazardous materials and hazardous waste can result in public health hazards if released into the soil or groundwater or through airborne releases in vapors, fumes, or dust. Soil and groundwater having concentrations of hazardous constituents higher than specific regulatory levels must be handled and disposed of as hazardous waste when excavated or pumped from an aquifer. The California Code of Regulations, Title 22, Sections 66261.20‐24 contains technical descriptions of toxic characteristics that could cause soil or groundwater to be classified as hazardous waste.
Hazardous waste generators may include industries, businesses, public and private institutions, and households. Federal, state, and local agencies maintain comprehensive databases that identify the location of facilities using large quantities of hazardous materials, as well as facilities generating hazardous waste. Some of these facilities use certain classes of hazardous materials that require risk management plans to protect surrounding land uses. The release of hazardous materials would be subject to existing federal, State, and local regulations and is similar to the transport, use, and disposal of hazard materials.
Record Search
The United States Environmental Protection Agency (EPA) Superfund National Priorities List (NPL)26, California Department of Toxic Substance Control’s EnviroStor database28F 27 , and the State Water
Resources Control Board’s GeoTracker database29F
28 include hazardous release and contamination sites. A 26 United States Environmental Protection Agency. Superfund National Priorities List. Accessed August 23, 2022 https://epa.maps.arcgis.com/apps/webappviewer/index.html?id=33cebcdfdd1b4c3a8b51d416956c41f1 27 California Department of Toxic Substances Control. Envirostor. Accessed August 23, 2022, https://www.envirostor.dtsc.ca.gov/public/
28 California State Water Resources Control Board. GeoTracker. Accessed August 23, 2022, https://geotracker.waterboards.ca.gov/
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search of each database was conducted on September 8, 2022. The searches identified no hazardous material release sites on the Project site. The closest hazardous sites are as shown in Table 4-7.
Table 4-7 Hazardous Sites
Site Name Site Type Cleanup Status Distance from Project site Arvin Muffler
(T0602900511)
LUST Cleanup Site Completed – case closed
as of 6/9/2022 1,770 feet southeast
Proposed Kern
Community College
District (60002872)
Voluntary
Agreement
Refer other agency as of
9/24/2019 *
1,190 feet north
*The project was referred to the Waterboard since the dominant issues are related to petroleum.
Kern County Emergency Operations Plan
The Kern County Emergency Operations Plan (EOP) provides planned response to emergency situations associated with potential human-caused or natural disasters affecting the County, one or more cities, and/or one or more special districts.29 The County serves as the lead agency for coordination among jurisdictions.
General Plan
The Arvin General Plan Safety Element include goals and policies relevant to hazards and hazardous materials in its Safety Element:
Goal SAF-4: A community protected from the harmful effects of hazardous materials, hazardous waste, and environmental contamination.
Policy SAF-4.1: Ensure that land uses involved in the production, storage, transportation, handling, or disposal of hazardous materials are located and operated to reduce risk to other land uses.
Policy SAF-4.2: When approving new development, ensure that the site:
• Is sufficiently surveyed for contamination and remediation, particularly for sensitive uses near existing or former toxic or industrial sites.
• Is adequately remediated to meet all applicable laws and regulations, if necessary. • Is suitable for human habitation.
• Is protected from known hazardous and toxic materials. • Does not pose higher than average health risks from exposure to hazardous materials.
Policy SAF-4.5: Ensure the safe transport of hazardous materials through the City by:
• Restricting transport of hazardous materials within Arvin to designated routes. • Prohibiting the parking vehicles transporting hazardous materials on City streets. • Requiring new pipelines or other channels carrying hazardous materials avoid residential areas to the greatest extent possible.
29 Kern County. (2022). County of Kern Emergency Operations Plan. Accessed on September 12, 2022, https://www.kerncounty.com/community/emergency/emergency-operations-plan
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Policy SAF-4.9: Prior to the development of lands where abandoned or activity wells exist, the City will contact the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources (Division) for assistance in the development review process. The Department of Conservation’s Division of Oil, Gas, and Geothermal Resources (Division) is charged with implementing Section 3208.1 of the Public Resources Code (PRC). As a result, the Division developed the Construction Site Well Review Program to assist local permitting agencies in identifying and reviewing the status of oil or gas wells located near or beneath proposed structures.
Before issuing building or grading permits, local permitting agencies review and implement the Division’s preconstruction well requirements. Interaction between local permitting agencies and the Division helps resolve land-use issues and allows for responsible development in oil and gas fields.
California Public Resources Code Section 3208.1 intent is to prevent, as far as possible, damage to life, health, and property. The operator responsible for plugging and abandoning deserted wells under Section 3237 shall be responsible for the reabandonment as provided in Section 3208.1(a).
The General Plan Safety Element also includes policies that protect the community from geologic, flooding, and fire-related hazards. According to the Safety Element, the City of Arvin has no defined emergency routes; however, Bear Mountain Boulevard, SR-223, would serve as the primary emergency route since it bisects the City and provides east-west regional access to SR-99, I-5, and SR-58.
4.9.2 Impact Assessment
Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Less than Significant Impact. Although no development is proposed, future development of the Project site resulting from Project implementation would include residential uses. Residential uses typically do not include production or services that generate hazardous waste (e.g., automotive services, dry cleaners, medical services). Residential hazardous wastes are typically products that are purchased for use in or around the home (e.g., personal hygiene products, pesticides, herbicides, and insecticides, paint, pet care, etc.). Given the small quantities and nature of use, these products are not expected to create a significant hazard to the public or environment through the routine transport, use, or disposal.
Additionally, residential hazardous wastes are not accepted at the Kern County landfill. Residents would be required to dispose of residential hazardous waste at one of three Kern County Special Waste facilities.
For these reasons, the Project would have a less than significant impact. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less than Significant Impact. As described under criterion a), the Project is not anticipated to create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Therefore, the Project would have a less than significant impact.
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c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less than Significant Impact. Schools within one-quarter mile of the Project site include one (1) existing school, Grimmway Academy (0.13 miles southeast), and one (1) proposed community college (0.19 miles north). As described under criteria a) and b) above, the Project is not anticipated to emit hazard emissions or handle hazardous materials, substances, or waste that would pose a risk or threat to the school or surrounding area. Therefore, a less than significant impact would occur. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Less than Significant Impact with Mitigation Incorporated. According to EnviroStor and GeoTracker, the Project site is not located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. However, it is acknowledged that historic activities on or near the site could have resulted in the release of hazardous materials and potential contamination (e.g., agricultural uses, gas stations, and dry cleaners) that have not been previously accounted for in databases such as EnviroStor or GeoTracker and could create a hazard to the public or environment. Furthermore, it is acknowledged that future construction activities on or near the site could result in the utilization of contaminated fill material (i.e., fill from a site containing or formerly containing an undesirable use) that could create a hazard to the public or environment.
Therefore, to further assure that future development of the Project site would not be located on a hazardous materials site, the Project shall incorporate Mitigation Measure HAZ-1 and HAZ-2, requiring a Phase I Environmental Site Assessment (ESA) and soil testing prior to future entitlement approval. If hazardous materials are found, then future development would be required to comply with standard requirements of the California Department of Toxic Substances Control (DTSC), Kern County Public Health Services Department, and California Regional Water Quality Control Board (RWQCB). Incorporation of Mitigation Measures HAZ-1 and HAZ-2, in addition to compliance with standard requirements related to hazardous sites, would ensure that the Project would not create a significant hazard to the public or the environment. Therefore, the Project would have a less than significant impact with mitigation incorporated.
Mitigation Measure HAZ-1: For all projects proposing residential development, a Phase I Environmental Site Assessment (ESA) is required prior to project approval.
Mitigation Measure HAZ-2: For all projects proposing fill material from a site containing or formerly containing an undesirable use, as identified in the California Department of Toxic Substances Control’s 2001 Information Advisory Clean Imported Materials, proper soil testing shall be conducted to ensure soil is free of contamination.
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
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No Impact. There are no public airports within two (2) miles of the Project site. The nearest public airport is the Creekside Airport, approximately 5.5 miles southwest. Since the Project site not located within an airport land use plan or within two (2) miles of a public airport or public use airport, the Project would not result in a safety hazard for people residing or working in the Project Area and no impact would occur. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less than Significant Impact. The Project would not involve any new or altered infrastructure associated with evacuation, emergency response, and emergency access routes within the City or County. Although no development is currently proposed, future development resulting from Project implementation would involve construction. Construction may require lane closures on 4th Street or North Walnut Street.
However, construction would be short-term and access through both roadways would be maintained through standard traffic control as required by an encroachment permit. Furthermore, future development of the Project site would be subject to compliance with applicable standards for on-site emergency access including turn radii and fire access as well as applicable measures identified in the EOP.
For these reasons, it can be determined that Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan and impacts would be less than significant.
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
Less than Significant Impact. The Project site is within an “area of local responsibility” and is not identified by Cal Fire to be in a Moderate, High, or Very High Fire Hazard Severity Zone (FHSZ). As Project implementation results in future development of the site, the construction of structures and installation of new infrastructure would be reviewed and conditioned by the City for compliance with applicable standards, specifications, and code. In addition, construction of structures that would be occupied by humans would be required to be constructed in adherence to the Wildland Urban Interface Codes and Standards of the California Building Code Chapter 7A. Compliance with such regulations would ensure that the Project meets standards to help prevent loss, injury, or death involving wildland fires. For these reasons, the Project would have a less than significant impact.
4.9.3 Mitigation Measures
The proposed project shall implement and incorporate, as applicable, the hazards and hazardous material related mitigation measures as identified in the attached Mitigation Monitoring Checklist dated January 2023.
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4.10 HYDROLOGY AND WATER QUALITY
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Violate any water quality standards
or waste discharge requirements or
otherwise substantially degrade
surface or ground water quality?
X
b) Substantially decrease groundwater
supplies or interfere substantially
with groundwater recharge such that
the project may impede sustainable
groundwater management of the
basin?
X
c) Substantially alter the existing
drainage pattern of the site or area,
including through the alteration of
the course of a stream or river, or
through the addition of impervious
surfaces, in a manner which would:
X
i. Result in a substantial erosion
or siltation on- or off-site; X
ii. Substantially increase the
rate or amount of surface
runoff in a manner which
would result in flooding onor off-site:
X
iii. Create or contribute runoff
water which would exceed
the capacity of existing or
planned stormwater drainage
systems or provide
substantial additional sources
of polluted runoff; or
X
iv. Impede or redirect flood
flows? X
d) In flood hazard, tsunami, or seiche
zones, risk release of pollutants due
to project inundation?
X
e) Conflict with or obstruct
implementation of a water quality
control plan or sustainable
groundwater management plan?
X
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4.10.1 Environmental Setting
The Project site is within city limits and thus, will be required to connect to the city’s water and stormwater services. The city’s water and stormwater services are described as follows.
Water
Water is provided by the Arvin Community Service District (ACSD). The ACSD manages the water source for domestic, agriculture, recreational, and industrial uses from the Tulare Lake groundwater basin as a retailer. ACSD relies wholly on groundwater. Groundwater recharge and replenishment is managed by the Arvin-Edison Water Storage District (AEWSD). According to the ACSD, water quality in the Arvin area continues to be suitable for domestic use due to the management of the groundwater recharge basin.
The City’s long-term water resource planning for existing and future demand is addressed in the City’s 2020 Urban Water Management Plan (UWMP).30 According to the UWMP, groundwater storage has been relatively stable since 1966 due to the effectiveness of AEWSD’s groundwater recharge program. In addition, all wells within the ACSD are new and depths are well below the groundwater levels. To ensure that wells are sufficiently deep, the ACSD and AEWSD entered into a Memorandum of Understanding in 2019 to address groundwater allocations and to ensure groundwater supply availability. Projections in the UWMP indicate that water supply would remain relatively constant for current and projected population, especially with implementation of various water conservation measures identified.
Stormwater
The City of Arvin manages stormwater runoff in Arvin. Existing drainage facilities include curb and gutter, cross gutters, drainage inlets, siphons, storm drain pipelines, and drainage basins. Storm drainage facilities and management are discussed in the City’s Storm Drainage Master Plan (2009 Update).31 The Storm Drainage Master Plan ensures that proper drainage infrastructure is in place to accommodate atypical storm periods. The Storm Drainage Master Plan finds the existing storm drainage collection and retention systems to be adequate with the exception of three (3) potential problem areas including: 1) siphon crossings along Bear Mountain Boulevard, 2) the lack of basin capacity in Smotherman Park, and 3) periodic flooding along Derby Street. In addition, the Master Plan provides recommended master planned facilities for future development whereby developers would be responsible to provide all necessary collection improvements as required by the City’s Grading and Storm Drainage Standards to connect to regional retention basin and collection facilities.
General Plan
The Arvin General Plan Conservation and Open Space Element includes the following goals and policies related to hydrology and water quality.
30 A copy of the 2020 UWMP can be obtained from the ACSD office located at 309 Campus Drive, Arvin, CA 93203.
The ACSD’s phone number is (661) 854-2127.
31 A copy of the Storm Drainage Master Plan (2009 Update) can be obtained from the City of Arvin located at 200 Campus Drive, Arvin, CA 93203. The City’s phone number is (661) 854-3134.
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Goal 3. Maintain and enhance groundwater levels in order to assure an adequate supply for future City water need.
Policy CO-3.1. Encourage continued groundwater recharge efforts of the Arvin-Edison Water Storage District.
Policy CO-3.2. Embark on a public education program regarding water conservation practices in residential, commercial, industrial, and public facility development.
Policy CO-3.3. Encourage the use of reclaimed wastewater for appropriate uses such as agricultural irrigation or frost protection.
Policy CO-3.4. Require thorough information in all environmental assessments for projects which may have a substantial effect on groundwater levels.
Goal 4. Continue to provide high quality water for domestic use within the City of Arvin.
Policy CO-4.1. Monitor water quality regularly in all wells in the Arvin Community Services District.
Policy CO-4.2. Investigate means of protecting the groundwater supply from contamination by agricultural chemicals.
Policy CO-4.3. Ensure that all components of the City’s infrastructure related to water delivery and consumption, including those on private property, are functioning properly to protect water quality.
Goal 5. Protect life and property from damage and destruction due to flooding.
Policy CO-5.2 Implement the measures for drainage improvements as specified in the Master Drainage Plan for Arvin.
Policy CO-5.3 Direct the City Engineer and Flood Control District to review all development proposals and ensure adequate protection from flood damage.
The City of Arvin Water Resources Element, adopted 2019, also includes goals and policies to manage the groundwater system retain its sustainable state for urban and agricultural uses. Five (5) golden goals are established for the Water Resources Element, including:
1. When the status quo is NOT acceptable, this presents an opportunity to implement new innovative strategies,
2. Collaborate on and utilize multi-disciplinary/multi-benefit strategies on public and private projects,
3. Diversity dependence on water sources,
4. Protect safety, health and quality of life during drought/climate change, and
5. Foster sustainable water use behavior by the public.
From these goals, policies that could be applicable to Project implementation include:
Policy 2.1.1 For a construction or reconstruction project on a street segment with low to moderate flooding, the City will analyze the storm water infiltration feasibility of the location based upon its soil permeability, groundwater levels, slope, and contamination. Staff will determine if storm
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water should be captured and kept on site using Best Management Practices (BMP) Tool Box 1 (see below), or captured, treated and released, based upon BMP Tool Box 2 (see below). Capture treat and release options will only be utilized if catch-and-keep is infeasible. The performance goal will be to catch and keep, at a minimum, a 10-year/5-day storm runoff event.
Policy 2.2.1 Use natural systems and work with natural site characteristics to maintain hydrologic functions and process, rather than attempting to mitigate impacts. For example, avoid the disturbance and grading of natural vegetated areas to significantly reduce the need for stormwater control and to increase groundwater recharge.
Policy 2.2.2 Minimize clearing and grading by clustering building sites.
Policy 2.2.3 Reduce road widths and shared-use driveways.
Policy 2.2.4 Use permeable paving and other permeable surface treatments. Amend the zoning code to require 15-20 percent permeable surfaces, depending upon type of use.
Policy 2.2.6 Trees should be watered and maintained using grey water. Designs noted in the EPA document “Stormwater to Street Trees”, and the Los Angeles Beautification Team document “Trees as Bioswales” should be used as guidelines for developing designs that will provide fit-forpurpose water for trees.
Policy 2.2.7 Use, for example, vegetated swales rather than conventional curbs and catch basins to provide better water quality treatment, ground water infiltration, site appearance and urban heat relief. All designs must consider capital and long-term maintenance cost, soil types and slope (See MBRP (Multi-Benefit Road Plan) discussion).
Policy 2.2.8 Use rooftop runoff to irrigate vegetated areas thereby lowering water bills and reducing storm water runoff.
Policy 2.2.9. Create multi-functional and multi-benefit landscape designs. Multi-function landscape designs might include storm water management components that provide: filtration treatment, ground water infiltration, open space and habitat, storm water for future irrigation use, reduced urban heat island effects, and enhanced aesthetics.
Policy 2.2.10 Use native and drought-resistant plants to reduce demand for irrigation water, pesticides and fertilizers.
Policy 2.2.11 Consider long-term maintenance and sustainability when designing public and private projects that have a landscaping and irrigation component.
Policy 3.3.1 Storm water capture techniques will be utilized to comply with applicable NPDES requirements. The “Storm Water Quality Design Manual for Sacramento and South Placer Region” may be used as a model example as to how to design Low Impact Development (LID) for storm drainage facilities.
Policy 3.3.2 Low Impact Development (LID) designs will be used to capture and use stormwater.
Collaborative multi-benefit designs will be required.
4.10.2 Impact Assessment
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Would the project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less than Significant Impact. Although no development is currently proposed, implementation of the Project would result in future residential development. Because the Project site is greater than one (1) acre in size, the future developer would be required to prepare a SWPPP (Section 4.7) in compliance with the General Permit for Discharges of Storm Water Associated with Construction Activity (i.e., General Permit Order No. 2012-0006-DWQ). The SWPPP estimates the sediment risk associated with construction activities and includes best management practices (BMP) to control erosion. BMPs specific to erosion control cover erosion, sediment, tracking, and waste management controls. Implementation of the SWPPP minimizes the potential for the Project to result in substantial soil erosion or loss of topsoil. These provisions minimize the potential for the Project to violate any waste discharge requirements or otherwise substantially degrade surface or ground water quality. Further, runoff resulting from the Project would be managed in compliance with approved grading and drainage plans. Thus, compliance with regulations including the General Construction Permit, BMPs, and approved grading and drainage plans would reduce potential impacts related to water quality and waste discharge to less than significant levels.
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Less than Significant Impact. The Project includes a General Plan Amendment and Rezone in order to increase opportunities for higher density, multi-family residential development. The Project site is currently designated for public facilities but is within the MUO Zone District, which allows for up to 24 dwelling units per acre. Although no physical development is proposed, future development of the Project site would still result in residential uses that would generally be compatible with the existing and planned uses within the Project area.
At the maximum permitted density, development of the Project site under the proposed land use and zoning designation could yield up to 212 multi-family residential units compared to 212 multi-family residential units which would otherwise be permitted under the current MUO Zone District. Therefore, no change in intensity would occur because of the Project. Based on the information collected from the 2020 UWMP, it can be presumed that the existing and planned water distribution system and supplies should be adequate to serve future development that results from implementation of the Project because a no net increase in potential residential units does not constitute greater water demand.
In addition, adherence to connection requirements and recommendations pursuant to the City’s and ACSD’s water conservation efforts (e.g., compliance with California Plumbing Code, efficient appliances, efficient landscaping, etc.) should not negatively impact water supply or impede water management. For these reasons, it can be concluded that the Project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the basin. For these reasons, a less than significant impact would occur because of the Project.
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c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on- or off-site? Less than Significant Impact. Erosion is a natural process in which soil is moved from place to place by wind or from flowing water. The effects of erosion within the Project Area can be accelerated by grounddisturbing activities associated with development. Siltation is the settling of sediment to the bed of a stream or lake which increases the turbidity of water. Turbid water can have harmful effects to aquatic life by clogging fish gills, reducing spawning habitat, and suppress aquatic vegetation growth.
Although no development is currently proposed, implementation of the Project would result in the future development of the Project site. Future development would develop fallow agricultural land that has undergone significant disturbance. Bare soils, common within agricultural land, are more susceptible to erosion than an already developed urban land, thus it is expected erosion could occur on-site. During construction activities, and in compliance with the Project’s SWPPP, construction-related erosion controls and BMPs would be implemented to reduce potential impacts related to erosion and siltation. These BMPs would include, but are not limited to, covering and/or binding soil surfaces to prevent soil from being detached and transported by water or wind, and the use of barriers such as straw bales and sandbags to control sediment. Together, the controls and BMPs are intended to limit soil transportation and erosion.
In addition, future development of the Project site would increase impervious surfaces through grading and surfacing. During entitlement review, future development would be reviewed and conditioned for compliance with the Drainage Master Plan. If temporary onsite facilities are required, then the size and capacity of such facilities would be determined through the review and conditioning of the future development. Consequently, review and approval by the City and compliance with standard requirements would mean that the Project would result in a less than significant impact. ii. Substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site?
Less than Significant Impact. As described under criterion c) i, the City would review future development through the entitlement review process. Future development would be reviewed and conditioned for compliance with the Drainage Master Plan. If temporary onsite facilities are required, then the size and capacity of such facilities would be determined through the review and conditioning of the future development. Therefore, approval and conditioning by the City would ensure that surface runoff is controlled in a manner which would not result in flooding on- or off-site. For this reason, a less than significant impact would occur because of the Project.
iii. Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less than Significant Impact. As previously described, future development resulting from Project implementation would be reviewed by the City for compliance with the Drainage Master Plan. If temporary onsite facilities are required, then the size and capacity of such facilities would be determined
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through the review and conditioning of the future development. Further, grading and drainage plans for the future development would be subject to review and approval by the City. Therefore, review and approval of such plans would ensure that surface runoff is controlled in a manner which would not result in the creation or contribution of runoff water that would exceed the capacity of existing or planned stormwater drainage services or provide substantial additional sources of polluted runoff. For this reason, a less than significant impact would occur because of the Project. iv. Impede or redirect flood flows?
Less than Significant Impact. Although future development of the Project site would increase impervious surfaces, review and approval of grading and drainage plans by the City would ensure compliance with the Drainage Master Plan as to not impede or redirect flood flows. As a result of compliance with Drainage Master Plan, the Project would not impede or redirect flood flows and a less than significant impact would occur as a result.
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Less than Significant Impact. There are no oceans, rivers, reservoirs, ponds, or lakes on or within the Project site and its vicinity. However, the Project site is designated as Zone AO on the most recent Flood Insurance Rate Map (FIRM) No. 06029C2775E dated September 26, 2008. Zone AO is defined as “a river or stream flood hazard area, and areas with a one percent or greater change of shallow flooding each year, usually in the form of sheet flow, with an average depth ranging from one to three feet.” The City participates in the National Flood Insurance Program, which mandates flood insurance purchase requirements and floodplain management standards in the 100-year flood zone. To minimize impacts from possible flooding, future development in the floodplain is required to comply with AMC Section
15.32 Floodplain Management, which establishes flood-resistant standards for building anchoring, construction materials and methods, storage of materials, utilities, and land subdivisions. The AMC also requires that the ground floor be raised at least 24 inches above the highest adjacent grade. Compliance with these regulations in addition to the approved grading and drainage plans would ensure that future development that results from Project implementation would not risk release of pollutants due to project inundation and a less than significant impact would occur because of the Project. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than Significant Impact. The Arvin Groundwater Sustainability Authority (GSA), which includes the ACSD, is in the process of transitioning its Management Area Plan (MAP) into the south of Kern River (SOKR) Groundwater Sustainability Plan (GSP).32 The GSP would include sustainability measures for water resource planning. The City of Arvin would be required to comply with the identified measures. Future development that would result from Project implementation would be subject to the adopted and 32 Arvin Community Services District (2022). Arvin Community Services District Board of Directors Special Meeting Agenda. Accessed on August 31, 2022,
https://www.arvincsd.com/files/609a67f8a/Draft+SOKR+GSP+for+Public+Comment_06.13.2022.pdf
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applicable management plan during entitlement review. For these reasons, a less than significant impact would occur because of the Project.
4.10.3 Mitigation Measures
None required.
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4.11 LAND USE AND PLANNING
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Physically divide an established
community? X
b) Cause a significant environmental
impact due to a conflict with any land
use plan, policy, or regulation
adopted for the purpose of avoiding
or mitigating an environmental
effect?
X
4.11.1 Environmental Setting
The Project site is within the city limits of Arvin and is proposed for High Density Residential Development.
4.11.2 Impact Assessment
Would the project:
a) Physically divide an established community?
Less than Significant Impact. Typically, physical division of an established community would occur if a project introduced new incompatible uses inconsistent with the planned or existing land uses or created a physical barrier that impeded access within the community. Typical examples of physical barriers include the introduction of new, intersecting roadways, roadway closures, and construction of new major utility infrastructure (e.g., transmission lines, storm channels, etc.).
Surrounding Land Uses
The properties to the north and east are zoned for professional office uses; and the property to the south is zoned for commercial uses. The properties to the north are also within the MUO Zone District, which permits a mix of residential and commercial uses. The Project includes a General Plan Amendment that proposes a change to the site’s land use designation from Public Facilities to High Density Residential and a Rezone that proposes the site to be rezoned from C-O Professional Office/MUO – Mixed Use Overlay to R-3 Limited Multiple-Family Dwelling Zone District consistent with the proposed land use designation.
Although no physical development is proposed, future development of the Project site would still result in uses that would generally be compatible with the existing and planned uses within the Project area.
Circulation System
The southeastern portion of the Project site abuts 4th Street, a two (2)-lane local street that dead ends into the Project site. Street improvements on the developed portion of 4th Street include curb, gutter, and sidewalks. There is an improved alleyway along the eastern portion of the site that provides access to adjoining properties. While no development is proposed, implementation of the Project would result in future development of the Project site with residential uses. Future development would be accessible by
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4 th Street and may be subject to additional frontage improvements as required for accessibility and connectivity to the existing circulation system. Development of the Project site would likely require extension of 4th Street to connect to North Walnut Drive, thereby connecting Campus Drive and North Walnut Drive. The roadway extension would not constitute a physical barrier as it would result in an improvement to the circulation system for the surrounding area. Overall, future development of the site would continue to be served by the existing circulation system and related infrastructure; and, the Project would not result in the introduction of new, intersecting roadways or permanent roadway closures.
Utility Infrastructure
Since the Project site is within the city limits, future development resulting from Project implementation would be required to connect to the city’s water, sewer, stormwater, and wastewater services. Natural gas, electricity, and telecommunications are provided by private companies. Utility systems are described and analyzed in Section 4.10 and Section 4.15. Based on the analysis, implementation of the Project would not result in the construction of new, major utility infrastructure.
As such, the Project does not represent a significant change in the surrounding area as it would facilitate the future development a vacant and undeveloped site with residential uses that are consistent and compatible with existing uses surrounding the Project site. In addition, the Project does not include new, intersecting roadways or permanent roadway closure, or major utility infrastructure. For these reasons, the Project would not result in the physical divide of an established community and would thereby have a less than significant impact.
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less than Significant Impact. The Project includes a General Plan Amendment and Rezone in order to increase opportunities for higher density, multi-family residential development. The Project site is currently designated for public facilities as well as mixed uses and although no physical development is proposed, future development of the Project site would still result in residential uses that would generally be compatible with the existing and planned uses within the Project area. A discussion of land use policies that are applicable to the Project are included in Table 4-8. As discussed below, the Project is generally consistent with the proposed General Plan land use designation of High Density Residential.
Table 4-8 Discussion on Land Use Policies in the General Plan General Plan Policy Project Consistency
Policy LU-7.1 Locate new medium and high density
residential developments within walking distance
of local retail, services and community facilities.
Consistent. The Project site is an infill site that is
located in the targeted area identified as “Jewitt
Square,” which is an approximately 58-acre area
bounded generally by Bear Mountain Boulevard,
Campus Drive, and Varsity Road. By integrating
commercial, residential and educational uses, the
City intends for this area to function as an attractive, walkable neighborhood that will be conveniently
located near the Arvin High School and Grimmway
Charter Academy, Kern Community College, as well
as the existing commercial corridor on Bear
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Mountain Boulevard and public facilities.
Development of the site with residential uses that
would be consistent with the land use policy.
Further, through the entitlement process, future development of the Project site would be reviewed for compliance with applicable regulations inclusive of those adopted for the purpose of avoiding or mitigating environmental effects. Overall, the entitlement process would ensure that the Project complies with the General Plan, AMC, and any other applicable policies and regulations. As such, the Project would have a less than significant impact.
4.11.3 Mitigation Measures
None required.
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4.12 MINERAL RESOURCES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in the loss of availability of a
known mineral resource that would
be of value to the region and the
residents of the state?
X
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan?
X
4.12.1 Environmental Setting
For the purposes of CEQA, mineral resources are land areas or deposits deemed significant by the California Department of Conservation (DOC). Mineral resources include oil, natural gas, and metallic and nonmetallic deposits, including aggregate resources. The California Geological Survey (CGS) classifies and designates areas within California that contain or potentially contain significant mineral resources. Lands are classified into Aggregate and Mineral Resource Zones (MRZs), which identify known or inferred significant mineral resources. According to the California Department of Conservation, CGS’s Surface Mining and Reclamation Act (SMARA) Mineral Lands Classification (MLC) data portal, the City of Arvin and surrounding areas have no mapped mineral resources.
33 A record search of the California Geologic
Energy Management Division (CalGEM) Well Finder shows that the Project Area is within a CalGEMrecognized oilfield. 34 As shown in Table 2-1 there are three plugged oil and gas wells and one (1) active oil and gas well located onsite. The active oil and gas well was declared abandoned and is required to be capped.
4.12.2 Impact Assessment
Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
Less than Significant Impact. The Project site is not located in an area designated for mineral resource preservation or recovery. However, the CalGEM search revealed three (3) plugged and one (1) active gas and oil well on-site that has been abandoned and is required to be capped. While no development is currently proposed with the Project, future development of the Project site would be subject to AMC 33 California Department of Conservation. (2009). Mineral Lands Classification. Accessed on September 1, 2022, https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=mlc 34 Geologic Energy Management Division (CalGEM). Well Finder. Accessed on September 12, 2022, https://www.conservation.ca.gov/calgem/Pages/WellFinder.aspx
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Section 17.46.11 Facility closure, site abandonment, and site restoration procedures, which establishes procedures and provisions for timely and proper abandonment and removal of oil and gas facilities, reclamation and remediation of host sites, and final disposition of pipelines. Because the well is currently plugged and does not produce oil or gas, development of the Project site would not result in the loss of availability of known oil and gas resources. Therefore, the Project would have a less than significant impact in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state.
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No Impact. The Project site is not located in an area designated for mineral resource preservation or recovery and as a result, the Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. Further, the site is not delineated on the General Plan or other land use plan as a locally important mineral resource recovery site, thus it would not result in the loss of availability of a locally important mineral resource. Therefore, no impact would occur as a result of the Project.
4.12.3 Mitigation Measures
None required.
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4.13 NOISE
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Generation of a substantial
temporary or permanent increase in
ambient noise levels in the vicinity of
the project in excess of standards
established in the local general plan
or noise ordinance, or applicable
standards of other agencies?
X
b) Generation of excessive groundborne
vibration or groundborne noise
levels?
X
c) For a project located within the
vicinity of a private airstrip or an
airport land use plan or, where such a
plan has not been adopted, within
two miles of a public airport or public
use airport, would the project expose
people residing or working in the
project area to excessive noise
levels?
X
4.13.1 Environmental Setting
In general, there are two (2) types of noise sources: 1) mobile source and 2) stationary sounds. Mobile source noises are typically associated with transportation including automobiles, trains, and aircraft.
Stationary sounds are sources that do not move such as machinery or construction sites. Two (2) noise generating activities of the Project would include construction (short-term, temporary) and operational (long-term) noise.
The General Plan Noise Element and Arvin Municipal Code (AMC) outline policies and regulations to mitigate health effects of noise in the community and prevent exposures to excessive noise levels. In particular, policies in the General Plan regarding new development include:
Policy 1.1.1 Protect the future residents from adverse and unnecessary noise problems by encouraging the location of new residential subdivisions away from major noise sources.
Policy 1.1.3 Encourage in residential areas the planting of trees, hedges, and other types of landscaping to aid in the reduction of noise.
Policy 1.2.2 Utilize a variety of buffering techniques (trees, hedges, block walls) to protect noise sensitive uses from the hazards of noise pollution.
4.13.2 Impact Assessment
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Would the project:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards?
Less than Significant Impact with Mitigation Incorporated. In general, the Project site is an infill site within an area of the city that is predominantly developed with commercial and public facilities uses. Because the surrounding area is largely developed, there are existing temporary or permanent ambient noise sources typical of commercial and public facilities uses. While no development is currently proposed, implementation of the Project would result in the future development of the Project site with residential uses. Such uses would have noise generating activities typical of temporary or permanent ambient noise currently generated by surrounding residential uses (e.g., household equipment such as refrigerators and HVAC systems, vehicle movement, etc.).
Development of the Project site would also introduce short-term construction-related ambient noise from construction equipment. These activities would be temporary and would generally take place between 6:00 am and 9:00 pm, as permitted by AMC Section 9.08 – Noise Disturbance Ordinance, and not during evening or more noise-sensitive time periods. Ambient noise from construction activities would cease upon completion of project construction. However, to further ensure that potential impacts related to construction noise levels are mitigated to levels that are less than significant, the Project shall incorporate Mitigation Measure NOI-1. Compliance with the mitigation measure and applicable policies and regulations would ensure the Project would have a less than significant impact with mitigation incorporated.
Mitigation Measure NOI-1: Prior to ground disturbing activities, the City of Arvin shall ensure the following with the Project proponent:
• Construction equipment, fixed of mobile, shall be outfitted with properly operating and maintained mufflers.
• Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and using electric air compressors and similar power tools rather than diesel equipment shall be used.
• During construction, stationary construction equipment shall be located so that emitted noise is directed away from or shielded from sensitive noise receivers. • During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise-sensitive receptors.
b) Generation of excessive groundborne vibration or groundborne noise levels? Less than Significant Impact with Mitigation Incorporated. While no development is currently proposed, implementation of the Project would result in future development that would require construction.
Groundborne vibration or groundborne noise levels may result from certain construction activities depending on the use of equipment (e.g., pile drivers, bulldozers, jackhammers, etc.), distance to affected
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structures, and soil type. There are seven (7) single-family residences adjacent to the Project site. Future operations are not expected to generate groundborne vibration or groundborne noise levels due to the nature of the use (i.e., residential). Potential vibration impacts from future construction would be shortterm, temporary, and subject to compliance with Mitigation Measure NOI-1 and AMC Section 9.08 – Noise Disturbance Ordinance. However, to further ensure that potential vibration impacts related to construction noise levels are mitigated to levels that are less than significant, the Project shall also incorporate Mitigation Measure NOI-2. As a result, the Project would have a less than significant impact with mitigation incorporated.
Mitigation Measure NOI-2: The use of heavy construction equipment within 25 feet of existing structures shall be prohibited.
c) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
No Impact. There are no public airports within two (2) miles of the Project site. The nearest public airport is the Creekside Airport, approximately 5.5 miles southwest. The Project site not located within an airport land use plan or within two (2) miles of a public airport or public use airport and therefore, would not expose people residing or working in the Project area to excessive noise levels. As a result, no impact would occur.
4.13.3 Mitigation Measures
The proposed Project shall implement and incorporate, as applicable, the noise related mitigation measures as identified in the attached Mitigation Monitoring and Reporting Program dated January 2023.
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Attachment: 5-CEQA Initial Study MND and Monitoring_4th St and Campus March 2023_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr -
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4.14 POPULATION AND HOUSING
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Induce substantial unplanned
population growth in an area, either
directly (for example, by proposing
new homes and businesses) or
indirectly (for example, through
extension of roads or other
infrastructure)?
X
b) Displace substantial numbers of
existing people or housing,
necessitating the construction of
replacement housing elsewhere?
X
4.14.1 Environmental Setting
CEQA Guidelines Section 15126.2(d) requires that a CEQA document discuss the ways in which the proposed Project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. The CEQA Guidelines provide the example of a major expansion of a wastewater treatment plant that may allow for more construction within the service area. The CEQA Guidelines also note that the evaluation of growth inducement should consider the characteristics of a project that may encourage or facilitate other activities that could significantly affect the environment. Direct and Indirect Growth Inducement consists of activities that directly facilitate population growth, such as construction of new dwelling units. A key consideration in evaluating growth inducement is whether the activity in question constitutes “planned growth.”
4.14.2 Impact Assessment
Would the project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Less than Significant Impact. The Project includes a General Plan Amendment and Rezone in order to increase opportunities for higher density, multi-family residential development in response to the estimated population growth and projected housing needs documented in the Arvin General Plan and 2021-2023 Housing Element. The General Plan estimates a population increase of more than 20,000, which is double the existing population. In addition, the 2013-2023 Housing Element indicates a need for 1,168 residential units. The Project site is currently designated for public facilities and mixed uses and although no physical development is proposed, future development of the Project site would still result in residential and/or mixed uses that would generally be consistent with the existing and planned uses
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within the Project area. In addition, the Project site is an infill site within an area of the city that is predominately developed and would not require the extension of roads or other infrastructure.
At the maximum permitted density, development of the Project site under the proposed land use and zoning designation could yield up to 212 multi-family residential units compared to 212 multi-family units which would otherwise be permitted under the current MUO Zone District which would otherwise be permitted under the current MUO Zone District. Therefore, no change in intensity would occur because of the Project. As such, it can be determined that the proposed Project would not induce substantial unplanned population growth in an area, either directly or indirectly, and a less than significant impact would occur because of the Project.
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No Impact. The Project site is currently vacant with no improvements or structures. Since the site does not currently provide housing, development of the Project site would not result in the physical displacement of people or housing. No impact would occur because of the Project.
4.14.3 Mitigation Measures
None required.
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4.15 PUBLIC SERVICES
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in substantial adverse physical
impacts associated with the provision
of new or physically altered
governmental facilities, need for new
or physically altered governmental
facilities, the construction of which
could cause significant environmental
impacts, in order to maintain
acceptable service ratios, response
times or other performance
objectives for any of the public
services:
i. Fire protection? X
ii. Police protection? X
iii. Schools? X
iv. Parks? X
v. Other public facilities? X
4.15.1 Environmental Setting
The Project is located within Arvin city limits and thus, would be subject to fees for the construction, acquisition, and improvements for such services. These services and fees include:
Fire Protection Services
Fire Protection Services in the city are provided by the Kern County Fire Department (KCFD). One fire station, Station 54, is located within the city of Arvin at 301 Campus Drive and as of 2012, has nine (9) staff members and two (2) fire engines. The General Plan Safety Element includes the following goals and policies to ensure reductions in the potential for fire hazards and fire demand:
(1) The Fire Marshall and the City Building Inspector shall ensure that all buildings are designed and equipped for an adequate level of fire protection.
(2) The City should construct and develop new water wells, wherever feasible, to increase water supply and water pressure, thus insuring adequate fire protection in existing and future developments.
(3) The City of Arvin should introduce and support community programs that train the general public to assist the police, fire, and civil defense personnel during periods of fire or flood. (4) The City of Arvin shall continue coordination and cooperation with the Arvin Community Services District and Arvin-Edison Water Storage District to assure wise management of the natural resources and to discourage unnecessary ground water withdrawal.
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In addition, to further address impacts to fire protection services, the General Plan Update IS/MND includes the following mitigation measure, “In order to meet future water demand on fire flow, the City will adhere to the recommendations of the 2008 Design Report and Master Plan Domestic Water System Improvement Report, which include(1) construction storage reservoir with 500,000 gallons of capacity; (2) construct booster pumping station with two-40 horsepower (hp) and two-40 hp electric powered booster pumps, with combined capacity of 2,500 gpm, and one 150 kilowatt (kw) diesel powered generator with sufficient capacity to power the booster pumps units or the well pump unit; (3) drill a 1,500 gpm capacity well and have it be located in Jewett Square; (4) install additional pipelines.” This mitigation measure is a citywide measure and would not be applicable to future development facilitated by the proposed Project.
Police Protection Services
Police Protection Services in the city are provided by the Arvin Police Department (APD). The APD headquarters is located at 200 Campus Drive. According to the General Plan Update IS/MND, staffing levels, facilities, and level of service are considered adequate for the current population. However, the carrying capacity at buildout of the General Plan would result in the increase in demand for police protection services. The General Plan Update IS/MND indicates that mutual aid agreements with the Kern County Sheriff’s Department and California Highway Patrol could supplement police protection services, in addition to demand reductions through Crime Prevention through Environmental Design (CPTED) policies. These policies are included in the General Plan Update. Lastly, the City of Arvin has imposed Development Impact Fee for law enforcement which requires developers to pay the “fair share” of police protection services and facilities. A Police Facilities Fee would be assessed for future development of the Project site based on the number of residential units proposed.
Schools
Educational services within the city of Arvin are primarily provided by Arvin Union School District and Kern High School District. Schools under the Arvin Union School District includes Bear Mountain Elementary School, El Camino Real Elementary School, Haven Drive Middle School, and Sierra Vista Elementary School. There is one high school, Arvin High School in the city of Arvin. Additionally, Kern Community College is planned to be located on the southwest corner of Varsity Road and Campus Drive, approximately 500 feet from the Project site. Funding for schools and school facilities impacts is outlined in Education Code Section 17620 and Government Code Section 65995 et. seq., which governs the amount of fees that can be levied against new development. These fees are used to construct new or expanded school facilities. Payment of fees authorized by the statute is deemed “full and complete mitigation.” A School Impact Fee would be assessed for future development of the Project site based on the Developer Fee rates in place at the time payment is due. In addition, the Arvin General Plan Land Use Element includes the following goal and policies for educational facilities.
Goal 17. Develop and expand facilities for a range of educational institutions in Arvin, especially those for higher education and vocational training.
Policy LU-17.1. Ensure the provision of adequate land for school campuses, according to the level of need identified by the appropriate school districts and private institutions.
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Policy LU-17.2. Accommodate institutions of higher learning, such as community colleges and trade schools, to the greatest extent feasible by removing regulatory barriers.
Parks and Recreation
Park and Recreation Facilities are overseen by the Arvin Parks and Recreation Division. There are four (4) parks within the city, totaling 42 acres. The current land-to-resident ratio is 2.7 acres per 1,000 residents, which designates Arvin as a “critically underserved community” per the Statewide Park Development and Community Revitalization Act (AB 31). The Act considers any community with a ratio of three (3) acres per 1,000 residents to be underserved. The City Municipal Code Section 16.22 establishes a fee on new development as a method to finance the development, improvement, and enhancement of public parks.
A Parks Impact Fee will be assessed for future development of the Project site based on the number of residential units proposed. The nearest public parks to the Project site are Las Palmas Park (0.10 miles west) and Garden in the Sun Park (0.18 miles southwest).
In addition, the Arvin General Plan Land Use Element and Conservation and Open Space Element includes the following goals and policies related to park and recreation facilities.
Land Use Goal 16. Coordinate the location and development of open spaces with other land uses in order to enhance the quality of life in the City and promote a cohesive urban form.
Policy LU-16.1. Encourage open space development within the City’s existing built-up areas.
Conservation and Open Space Goal 2. Develop and expand public open spaces and facilities for the enjoyment, health, and well-being of community residents.
Policy CO-2.1. Determine and continually monitor existing demand for recreational open space within t he various sectors of the community, as well as the community as a whole.
Policy CO-2.2. Pursue a variety of creative financial mechanisms that will ensure adequate recreational open space that meets public demand.
Policy CO-2.3. Maintain parks and public facilities in a way that enhances the appearance of City’s public spaces and contributes to the City’s identity.
Policy CO-2.4. Ensure existing facilities are maintained in good working order to address the passive and active recreational needs of Arvin residents.
Policy CO-2.5. Encourage the use of areas prone to flooding as open space or limited recreational use, and discourage property improvements that would be subject to damage during floods.
Policy CO-2.6. Identify and pursue opportunities to open up school playgrounds and playfields to public recreational use outside of school hours through joint-use agreements with the appropriate school districts.
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4.15.2 Impact Assessment
Would the project:
a) Would the result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
i. Fire protection?
Less than Significant Impact. The Project site is within the city limits and therefore would be served by the KCFD. The Project’s proximity to the existing station would support adequate service ratios, response times, and other performance objectives for fire protection services. In addition, future development would be reviewed by the KCFD for requirements related to water supply, fire hydrants, and fire apparatus access. For these reasons, it can be determined that the Project would not result in the need for new or altered facilities and as a result, a less than significant impact would occur. ii. Police protection?
Less than Significant Impact. The Project site is within the city limits and therefore would be served by the APD. The Project’s proximity to the existing station would support adequate service ratios, response times, and other performance objectives for police protection services. In addition, future development of the Project site would be reviewed by the APD for requirements related to crime protection in addition to adherence to the City’s CPTED policies. Lastly, future development would be subject to the Development Impact Fee for construction and acquisition costs for improvements to police protection services and facilities. For these reasons, it can be determined that the Project would not result in the need for new or altered facilities and as a result, a less than significant impact would occur. iii. Schools?
Less than Significant Impact. The development and managing of school sites are the responsibility of school districts and elected governing school boards. Funding for schools and school facilities impacts is outlined in Education Code Section 17620 and Government Code Section 65995 et. seq., which governs the amount of fees that can be levied against new development. These fees are used to construct new or expanded school facilities. Payment of fees authorized by the statute is deemed “full and complete mitigation.” A School Impact Fee would be assessed for future development of the Project site based on the Developer Fee rates in place at the time payment is due. For these reasons, a less than significant impact would occur.
iv. Parks?
Less than Significant Impact. Park and recreational facilities are typically impacted by an increase in use from residential development. Although no specific development is proposed by the Project, the Project would facilitate future residential development that would introduce residents to the area and therefore increase the demand for and use of local parks. Future development would be subject to the applicable AMC regulations, including payment of the Parks Impact Fee in order to mitigate any potential impacts to
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the City’s park and recreation facilities generated by the incremental population increase. For these reasons, the Project would have a less than significant impact. v. Other public facilities?
Less than Significant Impact. Although no specific development is currently proposed, future development resulting from Project implementation could increase the demand for other public services, such as courts, libraries, hospitals, etc. Increased demand as a result of the continued implementation of the Project could result in development or expansion of public facilities. Typical environmental impacts associated with the development of these facilities include air quality, greenhouse gas emissions, noise, traffic, etc. The expansion of these facilities would be subject to CEQA as they are proposed. As a result, the Project would have a less than significant impact resulting from the construction or expansion of other public facilities.
4.15.3 Mitigation Measures
None required.
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4.16 RECREATION
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Increase the use of existing
neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of
the facility would occur or be
accelerated?
X
b) Does the project include recreational
facilities or require the construction
or expansion of recreational facilities
which might have an adverse physical
effect on the environment?
X
4.16.1 Environmental Setting
Park and Recreation Facilities are overseen by the Arvin Parks and Recreation Division. There are four (4) parks within the city, totaling 42 acres. The current land-to-resident ratio is 2.7 acres per 1,000 residents, which designates Arvin as a “critically underserved community” per the Statewide Park Development and Community Revitalization Act (AB 31). The Act considers any community with a ratio of three (3) acres per 1,000 residents to be underserved. The City Municipal Code Section 16.22 establishes a fee on new development as a method to finance the development, improvement, and enhancement of public parks.
A Parks Impact Fee will be assessed for future development of the Project site based on the number of residential units proposed. The nearest public parks to the Project site are Las Palmas Park (0.10 miles west) and Garden in the Sun Park (0.18 miles southwest).
General Plan
The Arvin General Plan Land Use Element and Conservation and Open Space Element includes the following goals and policies related to park and recreation facilities.
Land Use Goal 16. Coordinate the location and development of open spaces with other land uses in order to enhance the quality of life in the City and promote a cohesive urban form.
Policy LU-16.1. Encourage open space development within the City’s existing built-up areas.
Conservation and Open Space Goal 2. Develop and expand public open spaces and facilities for the enjoyment, health, and well-being of community residents.
Policy CO-2.1. Determine and continually monitor existing demand for recreational open space within t he various sectors of the community, as well as the community as a whole.
Policy CO-2.2. Pursue a variety of creative financial mechanisms that will ensure adequate recreational open space that meets public demand.
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Policy CO-2.3. Maintain parks and public facilities in a way that enhances the appearance of City’s public spaces and contributes to the City’s identity.
Policy CO-2.4. Ensure existing facilities are maintained in good working order to address the passive and active recreational needs of Arvin residents.
Policy CO-2.5. Encourage the use of areas prone to flooding as open space or limited recreational use, and discourage property improvements that would be subject to damage during floods.
Policy CO-2.6. Identify and pursue opportunities to open up school playgrounds and playfields to public recreational use outside of school hours through joint-use agreements with the appropriate school districts.
4.16.2 Impact Assessment
Would the project:
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less than Significant Impact. Park and recreational facilities are typically impacted by an increase in use from residential development. Although no specific development is proposed by the Project, the Project would facilitate future residential development that would introduce residents to the area and therefore increase the demand for and use of local parks. Future development would be subject to the applicable AMC regulations, including payment of the Parks Impact Fee in order to mitigate any potential impacts to the City’s park and recreation facilities generated by the incremental population increase. For these reasons, the Project would have a less than significant impact. b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Less than Significant Impact. Future residential development resulting from the Project could include the construction of recreational facilities. In such cases, development would be subject to compliance with the AMC and would be reviewed and conditioned by the City to ensure that physical effects on the environment are less than significant. For these reasons, the Project would have a less than significant impact.
4.16.3 Mitigation Measures
None required.
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4.17 TRANSPORTATION
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Conflict with a program, plan,
ordinance or policy addressing the
circulation system, including transit,
roadway, bicycle and pedestrian
facilities?
X
b) Conflict or be inconsistent with CEQA
Guidelines § 15064.3, subdivision (b)? X
c) Substantially increase hazards due to
a geometric design feature (e.g.,
sharp curves or dangerous
intersections) or incompatible uses
(e.g., farm equipment)?
X
d) Result in inadequate emergency
access? X
4.17.1 Environmental Setting
The southeastern portion of the site abuts 4th Street, a two (2)-lane local street that dead ends into the Project site. Street improvements on the developed portion of 4th Street include curb, gutter, and sidewalks. There is an improved alleyway along the eastern portion of the site that provides access to adjoining properties.
General Plan
No other roadway improvements for 4th Street are identified by the General Plan Circulation Element.
Kern Region Active Transportation Plan
The Kern Region Active Transportation Plan was adopted in 2018 to develop a suite of project and program recommendations to make walking, bicycling, and transit integral parts of daily life for residents and visitors.
35 The City of Arvin was identified as a “focus area” community with city-specific recommendations. No specific recommendations for 4th Street are identified in the Active Transportation Plan.
35 Kern Council of Governments. (2018). Kern Region Active Transportation Plan. Accessed on September 9, 2022, http://www.kerncog.org/wp-content/uploads/2018/04/Kern_ATP_Plan.pdf
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Complete Streets and Safe Routes to School Plan
The City of Arvin’s Complete Streets and Safe Routes to School Plan was adopted by the City in 2020 and builds on the Kern Region Active Transportation Plan to deliver infrastructure projects and design tools to improve safety, encourage the use of non-motorized transportation, public transportation, rideshare, and other emerging modes to ultimately improve the comfort of the street and quality of life for residents and students of Arvin.36 As identified in Figure 1: Recommendations Map of the Plan, there are recommendations specific to 4
th Street in the vicinity of the Project site: 1) crossing improvement and 2) signal or beacon. Completion of these recommended improvements is dependent on securing funding for detailed design and construction.
CEQA Guidelines
Under Senate Bill 743 (SB743), traffic impacts are related to Vehicle Miles Traveled (VMT). The VMT metric became mandatory on July 1, 2020. Senate Bill (SB) 743 requires that relevant CEQA analysis of transportation impacts be conducted using a metric known as vehicle miles traveled (VMT) instead of Level of Service (LOS). VMT measures how much actual automobile travel (additional miles driven) a proposed Project would create on California roads. If the project adds excessive automobile travel onto roads, then the project may cause a significant transportation impact. Therefore, LOS measures of impacts on traffic facilities are no longer a relevant CEQA criteria for transportation impacts.
To implement SB 743, the CEQA Guidelines were amended by adding Section 15064.3. According to Section 15064.3, VMT measures the automobile travel generated from a proposed project (i.e., the additional miles driven). Here, ‘automobile’ refers to on-road passenger vehicles such as cars and lightduty trucks. If a proposed project adds excessive automobile travel on California roads thereby exceeding an applicable threshold of significance, then the project may cause a significant transportation impact.
Among its provisions, Section 15064.3(b) establishes criteria for analyzing transportation impacts.
Specifically, Section 15064.3(b) (1) establishes a less than significant presumption for certain land use projects that are proposed within ½-mile of an existing major transit stop or along a high-quality transit corridor. If this presumption does not apply to a land use project, then the VMT can be qualitatively or quantitatively analyzed.
In the case that quantitative models or methods are not available to the lead agency to estimate the VMT for the project being considered, provisions of CEQA Guidelines Section 15064.3(b)(3) permits the lead agency to conduct a qualitative analysis. The qualitative analysis may evaluate factors including but not limited to the availability of transit, proximity to other destinations, and construction traffic.
Lastly, Section 15064.3(b)(4) of the CEQA Guidelines states that “[a] lead agency has discretion to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project’s 36 City of Arvin. (2020). Complete Streets and Safe Routes to School Plan. Accessed on September 9, 2022, https://www.arvin.org/DocumentCenter/View/188/Complete-Streets-and-Safe-Routes-to-School-Plan-PDF
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vehicle miles traveled and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate vehicle miles traveled and any revision to model outputs should be documented and explained in the environmental document prepared for the project.
The standard of adequacy in Section 15151 shall apply to the analysis described in this section.” SB 743 Technical Advisory
In April 2018, the Governor’s Office of Planning and Research (OPR) issued the Technical Advisory on Evaluating Transportation Impacts in CEQA (Technical Advisory) (revised December 2018) to provide technical recommendations regarding VMT, thresholds of significance, and mitigation measures for a variety of land use project types.
The Technical Advisory includes screening thresholds for agencies to use in order to identify when a project should be expected to cause a less-than-significant impact without conducting a detailed study. • Screening Thresholds for Small Project. Absent substantial evidence indicating that a project would generate a potentially significant level of VMT, or inconsistency with a Sustainable Communities Strategy (SCS) or general plan, projects that generate or attract fewer than 110 trips per day generally may be assumed to cause a less-than significant transportation impact.
This threshold is based on a CEQA categorical exemption for existing facilities, including additions to existing structures of up to 10,00 square feet, so long as the project is in an area where public infrastructure is available to allow for maximum planned development and the project is not in an environmentally sensitive area.
• Map-Based Screening Threshold for Residential and Office Projects. Residential and office projects that locate in areas with low VMT, and that incorporate similar features (i.e., density, mix of uses, transit accessibility), will tend to exhibit similarly low VMT. Maps created with VMT data, for example from a travel survey or a travel demand model, can illustrate areas that are currently below threshold VMT. Because new development in such locations would likely result in a similar level of VMT, such maps can be used to screen out residential and office projects from needing to prepare a detailed VMT analysis.
• Presumption of Less Than Significant Impact Near Transit Thresholds. Proposed CEQA Guideline Section 15064.3, subdivision (b)(1), states that lead agencies generally should presume that certain projects (including residential, retail, and office projects, as well as projects that are a mix of these uses) proposed within ½ mile of an existing major transit stop20 or an existing stop along a high quality transit corridor will have a less-than-significant impact on VMT. This presumption would not apply, however, if project-specific or location-specific information indicates that the project will still generate significant levels of VMT.
• Presumption of Less Than Significant Impact for Affordable Residential Development. Adding affordable housing to infill locations generally improves jobs-housing match, in turn shortening commutes and reducing VMT. Therefore, a project consisting of a high percentage of affordable housing may be a basis for the lead agency to find a less-than-significant impact on VMT.
According to the Technical Advisory, lead agencies, using more location-specific information, may develop their own more specific thresholds, which may include other land use types. To date, the City of Arvin,
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County of Kern, nor Kern Council of Governments (COG) have estimated specific, quantitative thresholds.
Therefore, for the purposes of this Initial Study, a qualitative analysis will be utilized in accordance with CEQA Guidelines Section 15064.3(b)(3).
4.17.2 Impact Assessment
Would the project:
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
Less than Significant Impact. Although no development is proposed by the Project, future development of the Project site would be required by the City to comply with all project-level requirements implemented by a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities (See Environmental Setting). Although no development is currently proposed, future development of the Project site would be required to submit improvement plans, including roadway improvements, for review and approval by the City Engineer to ensure improvements will be consistent with City standards. And, while CEQA Guidelines no longer use motorist delays or level of service to measure transportation impacts, future development of the Project site would be subject to the LOS-related General Plan Policy, “the City shall establish a level of service standard of “D” or better for all roadways and intersections for traffic analysis purposes.” Therefore, through compliance with the programs, plans, ordinances, and policies addressing the circulation system (inclusive of transit, roadway, bicycle, and pedestrian facilities), a less than significant impact would occur because of the Project. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Less than Significant Impact. As stated above (See Environmental Setting), the City of Arvin, Kern County, and Kern COG do not have established VMT thresholds or guidance. Therefore, since quantitative models or methods are not available to the City to estimate the VMT for the Project being considered, a qualitative analysis was conducted pursuant to provisions of CEQA Guidelines Section 15064.3(b)(3). In particular, the qualitative analysis considers the potential for the Project to result in higher density residential development in an infill location, with the possibility for affordable housing. Overall, the qualitative analysis indicates that the Project would result in a less than significant VMT impact and is consistent with CEQA Guidelines Section 15064.3(b).
As stated in OPR’s technical advisory, adding affordable housing to infill locations generally improves the jobs-housing match, in turn reducing commutes and VMT. In addition, adding affordable housing to infill locations increases the likelihood for low-wage workers to choose a residential location closer to their workplace if available. In turn, locating affordable housing closer to jobs generally results in less VMT than market-rate housing. Therefore, as stated in the technical advisory, a project consisting of a high percentage of affordable housing in infill locations may be a basis for the Lead Agency to find a less-thansignificant impact on VMT. Further, as stated in the technical advisory, evidence supports this presumption for a 100 percent affordable residential development, or the residential component of a mixed-use development, in infill locations. Thus, an affordable residential development or residential component of a mixed-use development in an infill location would result in a less than significant impact.
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The proposed Project is funded by SB 2 for the purpose of providing additional opportunities for housing, in line with the goals contained in the General Plan and Housing Element. The City of Arvin, Lead Agency and property owner, considers the Project site to have development potential and proposes to change the land use designation and zone district to facilitate future higher density residential development in an infill location. In particular, the Project site is within the proposed “Arvin Town Center Master Plan” area which integrates a variety of land uses including but not limited to educational, commercial, open space, and residential uses. In the Master Plan, the Project site is identified for future affordable housing development. Furthermore, the City has received approximately $5.6 million through the Regional Early Action Planning (REAP) 2.0 program for the purposes of pre-development activities, studies, land acquisition, and entitlements for the Master Plan thereby demonstrating the City’s commitment and high likelihood for the site to be developed with affordable housing. As an affordable housing development in an infill location, future development resulting from implementation of the Project would be presumed to have a less than significant impact to VMT.
If the Project does not result in the future development of affordable housing, the proposed land use and zoning designation would still facilitate higher density, residential development in an infill location situated in close proximity to jobs, services, and amenities as identified in the proposed Arvin Town Center Master Plan. As shown in the proposed Master Plan, the Project site would be within 300 feet of a proposed shopping center, community park, and Bakersfield College Campus. In addition, approximately
0.5 miles of new bicycle and pedestrian facilities, a zero-emission transportation hub and City of Arvin bus stop, and solar covered community parking lot with van pooling and electric vehicle charging hub are also proposed within 300 feet of the Project site. Therefore, through facilitating future residential development in an infill location, the Project would improve access to transit, increase access to jobs, services, and amenities, orient future residents toward transit, bicycle, and pedestrian facilities, and improve pedestrian and bicycle networks. In doing so, the Project would shorten trips and reduce VMT, thereby constituting a less than significant impact to VMT. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less than Significant Impact. Although no development is currently proposed, future development of the Project site would be reviewed by the City to ensure that project design does not contain any geometric design features that would create hazards. Future development would also be subject to review by the City Engineer to ensure that improvements are designed pursuant to applicable federal, state, and local design standards. Compliance with such standards would ensure that any traffic hazards are minimized.
Further, the Project does not propose an incompatible use as it proposes residential uses are consistent with the existing residential development in the area and is similar in nature to the surrounding uses. As a result, implementation of the Project would result in a less than significant impact related to hazards due to roadway design features or incompatible uses.
d) Result in inadequate emergency access?
Less than Significant Impact. The Project does not involve a change to any emergency response plan. In addition, although no development is currently proposed, future development projects will be reviewed by the City to ensure adequate site access including emergency access. In the case that future
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construction requires lane closures, access through existing roadways would be maintained through standard traffic control and therefore, potential lane closures would not affect emergency evacuation plans. Thus, a less than significant impact would occur because of the Project.
4.17.3 Mitigation Measures
None required.
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4.18 TRIBAL CULTURAL RESOURCES
Would the project:
Cause a substantial adverse change in the
significance of a tribal cultural resource,
defined in PRC section 21074 as either a
site, feature, place, cultural landscape that
is geographically defined in terms of the
size and scope of the landscape, sacred
place, or object with cultural value to a
California Native American tribe, and that
is:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in PRC
section 5020.1(k), or,
X
b) A resource determined by the lead
agency, in its discretion and
supported by substantial evidence, to
be significant pursuant to criteria set
forth in subdivision (c) of PRC section
5024.1. In applying the criteria set
forth in subdivision (c) of PRC section
5024.1, the lead agency shall
consider the significance of the
resource to a California Native
American tribe.
X
4.18.1 Environmental Setting
See Section 4.5.
4.18.2 Impact Assessment
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or Less than Significant Impact with Mitigation Incorporated. Based on the CHRIS Record Search, there are no recorded cultural resources within the Project Area or one-half mile radius that are listed in the National Register of Historic Places, the California Register of Historical Resources, the California Points of Historical Interest, California Inventory of Historic Resources, or the California State Historic Landmarks.
However, as discussed in Section 4.5, there is some possibility that a non-visible, buried site may exist and may be uncovered during ground disturbing construction activities which could constitute a significant
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impact. Therefore, the Project shall incorporate Mitigation Measures CUL-1 and CUL-2 to mitigate for potential subsurface cultural resources. Therefore, if any cultural resources were discovered, implementation of these mitigation measures would reduce the Project’s impact to less than significant. b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1.
In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
Less than Significant Impact with Mitigation Incorporated. The Project site has not been determined by the City to be a significant resource pursuant to PRC Section 5024.1, and to-date, no substantial information has been provided to the City to indicate otherwise. According to the NAHC SLF, no sacred sites or tribal cultural resources are known in or near the Project site. Further, the Project site inclusive of site features is not listed in the California Register of Historical Sources. However, as discussed in Section
4.5, there is some possibility that a non-visible, buried site may exist and may be uncovered during ground disturbing construction activities which could constitute a significant impact. Therefore, the Project shall incorporate Mitigation Measures CUL-1 and CUL-2 to mitigate for potential subsurface cultural resources. Therefore, if any cultural resources were discovered, implementation of these mitigation measures would reduce the Project’s impact to less than significant.
4.18.3 Mitigation Measures
The Project shall implement and incorporate the Tribal Cultural Resources related mitigation measures as identified in the Mitigation Monitoring and Reporting Program dated January 2023.
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4.19 UTILITIES AND SERVICE SYSTEMS
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Require or result in the relocation or
construction of new or expanded
water, wastewater treatment or storm
water drainage, electric power,
natural gas, or telecommunications
facilities, the construction or
relocation of which could cause
significant environmental effect?
X
b) Have sufficient water supplies
available to serve the project and
reasonably foreseeable future
development during normal, dry and
multiple dry years?
X
c) Result in a determination by the
wastewater treatment provider, which
serves or may serve the project that it
has adequate capacity to serve the
project’s projected demand in
addition to the provider’s existing
commitments?
X
d) Generate solid waste in excess of state
or local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of
solid waste reduction goals?
X
e) Comply with federal, state, and local
management and reduction statutes
and regulations related to solid waste?
X
4.19.1 Environmental Setting
The Project site is within city limits and thus, will be required to connect to water, wastewater, and stormwater services. Natural gas, electricity, and telecommunications are provided by private companies.
Each utility system is described below.
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Water
Water supply, usage, and services are described in Section Error! Reference source not found..
Wastewater
The City of Arvin sanitary sewer system (i.e., wastewater) is overseen by the City and managed by the Veolia North America/Veolia West Operating Services (VWOS). According to the Arvin General Plan Update IS/MND, the City’s wastewater collection system currently consists of approximately 38 miles of pipeline ranging in diameter from six (6) inches to 18 inches, 763 manholes, and one (1) small pump station serving a small area southeast of the intersection of Sycamore Road and A Street. The wastewater treatment plant (WWTP) is located in the southwest portion of the city on El Camino Real. Most of the treated wastewater is used for irrigation purposes. The wastewater generated by buildout of the proposed General Plan is estimated at approximately 1.7 million gallons per day (mgpd). The General Plan indicates that the existing system is adequate to meet the needs of its residents and businesses as most of the city has sewer lines that connect to the municipal sewer system. The General Plan further indicates that all future housing developments will be adequately connected to the existing wastewater system using funds collected through development fees currently established by the City. The City of Atwater Sewer System Master Plan (SSMP) (2019 Update) outlines the practices, systems, procedures, and data for effective management of the City’s wastewater collection system. 37 Solid Waste
Mountainside Disposal, a private solid waste disposal company, provides solid waste services for the city of Arvin including curbside refuse, green waste, and recycling. Solid waste is collected and transported to the Metropolitan Recycling Corporation facility located at 2601 South Mount Vernon Avenue, Bakersfield, CA 93307. The facility disposes non-recyclable waste at Bakersfield Metropolitan Landfill, or Bena Landfill, located at 2951 Neumarkel Road, Bakersfield, CA 933707 owned and operated by the County of Kern Waste Management Department. According to the General Plan Update IS/MND, the Bena Landfill receives an average of 1,194 tons per day (TPD) of solid waste, compared to the 4,500 TPD maximum permitted disposal. There is currently a remaining capacity of 20.7 million tons (75.9%).
The Arvin General Plan Conservation and Open Space Element contains the following goal and objectives for solid waste collection and disposal.
Goal 8. Maintain solid waste collection and disposal services in accordance with California state standards.
Policy CO-8.1 Implement diversion programs related to business collection including commercial onsite recycling and commercial onsite green waste pick up.
Policy CO-8.2 Promote public education and outreach regarding municipal waste programs, how they work and their benefits.
37 City of Arvin. (2019). Arvin 2019 Sewer Master Plan. Accessed on August 29, 2022, https://www.arvin.org/DocumentCenter/View/467/Arvin-Sewer-Master-Plan---Volume-1-PDF
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Policy CO-8.3 Continue waste management practices that meet or exceed requirements stipulated by the California Integrated Waste Management Act.
Specific, enforceable requirements for garbage and solid waste are outlined in AMC Section 8.08 – Garbage and Solid Waste.
Stormwater
Stormwater services are described in Section Error! Reference source not found..
Natural Gas and Electricity
PG&E, the natural gas and electric service provider for the area, incrementally expands and updates its service system as needed to serve its users. PG&E has existing overhead electric distribution facilities currently servicing the Project are. All overhead utilities on site would be undergrounded.
Telecommunications
Accordingly, telecommunications providers in the area incrementally expand and update their service systems in response to usage and demand. Upon request, the site would be connected to existing broadband infrastructure and subject to applicable connection and service fees.
4.19.2 Impact Assessment
Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less than Significant Impact. The Project site is within city limits and thus, future development of the Project site would be required to connect to water, stormwater, solid waste, and wastewater services.
Natural gas, electricity, and telecommunications would be provided by private companies. In general, the Project site is an infill site within an area of the city that is predominately developed with residential and agricultural uses. Because the surrounding area is largely developed, there is existing utility infrastructure available to serve the site which would not require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities. Through the entitlement review process for future development, the City and responsible agencies would review the Project to ensure compliance with applicable connection requirements. Compliance would ensure that future development would not cause significant environmental effects related to utilities and service systems. For these reasons, a less than significant impact would occur because of the Project.
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
Less than Significant Impact. The Project includes a General Plan Amendment and Rezone in order to increase opportunities for higher density, multi-family residential development. The Project site is currently designated for public facilities but is within the MUO Zone District, which allows for up to 24 dwelling units per acre. Although no physical development is proposed, future development of the
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Project site would still result in residential uses that would generally be compatible with the existing and planned uses within the Project area.
At the maximum permitted density, development of the Project site under the proposed land use and zoning designation could yield up to 212 multi-family residential units compared to 212 multi-family units which would otherwise be permitted under the current MUO Zone District. Based on the information collected from the 2020 UWMP, it can be presumed that the existing and planned water distribution system and supplies should be adequate to serve future development that results from implementation of the Project and reasonably foreseeable future development during normal, dry, and multiple dry years because a no net increase in potential residential units does not constitute greater water demand.
In addition, adherence to connection requirements and recommendations pursuant to the City’s and ACSD’s water conservation efforts (e.g., compliance with California Plumbing Code, efficient appliances, efficient landscaping, etc.) should not negatively impact water supply or impede water management. For these reasons, it can be concluded that the Project would not affect water supplies and therefore, the City would continue to have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry, and multiple dry years. For these reasons, a less than significant impact would occur because of the Project.
c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Less than Significant Impact. Although no development is currently proposed, future development that results from the implementation of the Project would generate wastewater. As stated in the General Plan, the City’s existing wastewater system has adequate capacity for built out of the General Plan, and the city is largely developed with sewer lines that connect to the wastewater system. The General Plan further indicates that all future housing developments could be adequately connected to the existing wastewater system using funds collected through development fees currently established by the City. As such, future residential development that results from the implementation of the Project would be reviewed and conditioned by the City during the entitlement review process to ensure adequate connections. For these reasons, it can be determined that the City has adequate capacity to serve the Project’s projected demand in addition to the city’s existing commitments, and a less than significant impact would occur because of the Project.
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant Impact. Although no development is currently proposed, future development that results from the implementation of the Project would generate solid waste and recycling. The future development would be served by Mountainside Disposal. Waste would be disposed at the Bakersfield Metropolitan Landfill, or Bena Landfill, which has a current capacity of 20.7 million tons. Through the entitlement review process, future development would be required to comply with requirements outlined in AMC Section 8.08 – Garbage and Solid Waste. Compliance with these requirements would ensure regular collection and recycling of materials based on the capacity of local infrastructure. Through
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compliance, future development would not generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. For these reasons, the Project would have a less than significant impact. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Less than Significant Impact. As described under criterion e), future development would be required to comply with state and local standards which include management and reduction statutes and regulations to ensure that solid waste is handled, transported, and disposed of accordingly. Through compliance with local and state standards, it can be determined that future development would also comply with federal, state, and local management and reduction statutes and regulations related to solid waste. As a result, a less than significant impact would occur because of the Project.
4.19.3 Mitigation Measures
None required.
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4.20 WILDFIRE
If located in or near state responsibility or
lands classified as very high fire hazard
severity zones, Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Substantially impair an adopted
emergency response plan or
emergency evacuation plan?
X
b) Due to slope, prevailing winds, and
other factors, exacerbate wildfire
risks, and thereby expose project
occupants to pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
X
c) Require the installation or
maintenance of associated
infrastructure (such as roads, fuel
breaks, emergency water sources,
power lines or other utilities) that
may exacerbate fire risk or that may
result in temporary or ongoing
impacts to the environment?
X
d) Expose people or structures to
significant risks, including downslope
or downstream flooding or landslides,
as a result of runoff, post-fire slope
instability, or drainage changes?
X
4.20.1 Environmental Setting
In general, Arvin is categorized as having little or moderate threat or moderate fire hazard. As the city has developed, wildfire hazards have decreased due to increased impervious surface areas. The city of Arvin, inclusive of the Project site, is not identified by the California Department of Forestry and Fire Protection (Cal Fire) as a Moderate, High, or Very High Fire Hazard Severity Zone (FHSZ). Rather, the city, inclusive of the Project site, is within an “area of local responsibility” that is an area of low fire risk. 38 4.20.2 Impact Assessment
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? 38 California Department of Forestry and Fire Protection. FHSZ Viewer. Accessed on August 29, 2022, https://egis.fire.ca.gov/FHSZ/.
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No Impact. To determine adequate vehicular and pedestrian circulation and emergency vehicle access, future development of the Project site would be reviewed and conditioned by the City of Arvin for compliance with applicable code and regulations. Review and approval by the City would ensure that future development does not substantially impair the adopted emergency response plan or emergency evacuation plan. Therefore, the Project would not substantially impair any emergency response plan and no impact would occur as a result of the Project.
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
No Impact. The Project site is located on a relatively flat property with minimal slope and is not in an area that is subject to strong prevailing winds or other factors that would exacerbate wildfire risks. Further, the Project site is within an “area of local responsibility” and is not identified by Cal Fire to be in a Moderate, High, or Very High FHSZ. In addition, development of the Project site would reduce fire risk due to increase paved area. For these reasons, no impact would occur as a result of this Project. c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No Impact. The Project site is located within city limits. As such, surrounding sites are served by existing infrastructure such as roads and utilities. As Project implementation results in future development of the site, the installation and maintenance of new infrastructure would be reviewed and/or conditioned by the City of Arvin for compliance with applicable standards, specifications, and code. Such infrastructure would be typical for urban uses within urbanized areas and would thereby not exacerbate fire risks or result in temporary or ongoing impacts to the environment. Therefore, no impact would occur. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No Impact. The Project site is located on a relatively flat property with minimal slope and is not subject to downslope, downstream flooding, or landslides. Further, as described above, the site is not located within or near wildlands or within a Very High Fire Hazard Severity Zone. Therefore, the Project would not expose people or structures to significant risks and no impact would occur as a result of the Project.
4.20.3 Mitigation Measures
None required.
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4.21 MANDATORY FINDINGS OF SIGNIFICANCE
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Does the project have the potential
to degrade the quality of the
environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below selfsustaining levels, threaten to eliminate a plant or animal
community, reduce the number or
restrict the range of a rare or
endangered plant or animal or
eliminate important examples of the
major periods of California history or
prehistory?
X
b) Does the project have impacts that
are individually limited, but
cumulatively considerable?
("Cumulatively considerable" means
that the incremental effects of a
project are considerable when
viewed in connection with the effects
of past projects, the effects of other
current projects, and the effects of
probable future projects)?
X
c) Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
X
4.21.1 Impact Assessment
Would the project:
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce
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the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory? Less than Significant with Mitigation Incorporated. The analyses of environmental issues contained in this Initial Study indicate that the Project is not expected to have substantial impact on the environment or on any resources identified in the Initial Study. Standard requirements that will be implemented through the entitlement process and the attached mitigation monitoring and reporting program have been incorporated in the project to reduce all potentially significant impacts to less than significant. Therefore, the Project would have a less than significant impact.
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.)
Less than Significant Impact. CEQA Guidelines Section 15064(i) states that a Lead Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the project are cumulatively considerable. The assessment of the significance of the cumulative effects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects. Due to the nature of the Project and consistency with environmental policies, incremental contributions to impacts are considered less than cumulatively considerable. All Projectrelated impacts were determined to be less than significant. The Project would not contribute substantially to adverse cumulative conditions, or create any substantial indirect impacts (i.e., increase in population could lead to an increased need for housing, increase in traffic, air pollutants, etc.). As such, Project impacts are not considered to be cumulatively considerable given the insignificance of project induced impacts. The impact is therefore less than significant. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly?
Less than Significant Impact. The analyses of environmental issues contained in this Initial Study indicate that the project is not expected to have substantial impact on human beings, either directly or indirectly.
Standard requirements and conditions have been incorporated in the project to reduce all potentially significant impacts to less than significant. Therefore, the Project would have a less than significant impact.
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5 MITIGATION MONITORING AND REPORTING PROGRAM
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Mitigation Monitoring and Reporting Checklist
for City of Arvin General Plan Amendment No. 2023-01
and Rezone No. 2023-01 for 4
th
Street and Campus Drive (Project)
JANUARY 2023
Mitigation Measures Timing of Verification
Compliance
Verified By
Verification of
Completion
Date Initials
Cultural Resources
Mitigation Measure CUL-1: In order to avoid the potential for impacts to historic and prehistoric archaeological resources, the following measures shall be implemented, as necessary, in conjunction with the construction of each phase of the Project:
a. Cultural Resources Alert on Project Plans. The project proponent shall note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources. b. Stop Work Near any Discovered Cultural Resources. The project proponent shall retain a professional archaeologist on an “on-call” basis during ground disturbing construction for the project to review, identify and evaluate cultural resources that may be inadvertently exposed during construction. Should previously unidentified cultural resources be discovered during construction of the project, the project proponent shall cease work within 100 feet of the resources, and City of Arvin shall be notified immediately. The archaeologist shall review and evaluate any discoveries to determine if they are historical resource(s) and/or unique archaeological resources under CEQA.
c. Mitigation for Discovered Cultural Resources. If the professional The Planning Division
to review
specifications to
ensure inclusion of
provisions in projectspecific mitigation
measure. Planning
Division also to
review construction
specifications to
ensure inclusion of
provisions included in
mitigation measure.
Following discovery
of previously
unknown resource, a
qualified historical
resources specialist
shall prepare
recommendations
and submit to the
Planning Division.
Timing for
recommendations
Planning
Division
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archaeologist determines that any cultural resources exposed during construction constitute a historical resource and/or unique archaeological resource, he/she shall notify the project proponent and other appropriate parties of the evaluation and recommended mitigation measures to mitigate the impact to a less-than-significant level. Mitigation measures may include avoidance, preservation in- place, recordation, additional archaeological testing and data recovery, among other options. Treatment of any significant cultural resources shall be undertaken with the approval of the City of Arvin.
The archaeologist shall document the resources using DPR 523 forms and file said forms with the California Historical Resources Information System, Southern San Joaquin Valley Information Center.
The resources shall be photo documented and collected by the archaeologist for submittal to the City of Arvin. The archaeologist shall be required to submit to the City of Arvin for review and approval a report of the findings and method of curation or protection of the resources. Further grading or site work within the area of discovery shall not be allowed until the preceding steps have been taken. d. Disposition of Cultural Resources. Upon coordination with the City of Arvin, any pre-historic archaeological artifacts recovered shall be donated to an appropriate Tribal custodian or a qualified scientific institution where they would be afforded applicable cultural resources laws and guidelines.
shall be established
by project-specific
mitigation measure.
Mitigation Measure CUL-2: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as The Planning Division
to review
specifications to
ensure inclusion of
provisions in project-
specific mitigation
Planning
Division
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to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment.
measure.
Hazards and Hazardous Material
Mitigation Measure HAZ-1: For all projects proposing residential development, a Phase I Environmental Site Assessment (ESA) is required prior to project approval.
To be completed
prior to approval of
entitlements.
Depending on results,
a Phase II assessment
may be required.
Planning
Division
Mitigation Measure HAZ-2: For all projects proposing fill material from a site containing or formerly containing an undesirable use, as identified in the California Department of Toxic Substances Control’s 2001 Information Advisory Clean Imported Materials, proper soil testing shall be conducted to ensure soil is free of contamination.
Prior to issuance of
grading permit.
Planning
Division
Noise
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Mitigation Measure NOI-1: Prior to ground disturbing activities, the City of Arvin shall ensure the following with the Project proponent: • Construction equipment, fixed of mobile, shall be outfitted with properly operating and maintained mufflers.
• Construction noise reduction methods such as shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and using electric air
compressors and similar power tools rather than diesel
equipment shall be used.
• During construction, stationary construction equipment shall be located so that emitted noise is directed away from or shielded from sensitive noise receivers.
• During construction, stockpiling and vehicle staging areas shall be located as far as practical from noise-sensitive receptors.
Prior to issuance of
any grading or
construction permits,
the Planning Division
shall ensure that
project construction
specifications.
Planning
Division
Mitigation Measure NOI-2: The use of heavy construction equipment within 25 feet of existing structures shall be prohibited.
Prior to issuance of
any grading or
construction permits,
the Planning Division
shall ensure that
project construction
specifications.
Planning
Division
Tribal Cultural Resources
See Cultural Resources
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6 REPORT PREPARATION
Names of Persons Who Prepared or Participated in the Initial Study:
Lead Agency
Lead Agency City of Arvin, Community
Development Department
200 Campus Drive, P.O. Box 548
Arvin, CA 93203
Initial Study Consultant
Initial Study Precision Civil Engineering, Inc.
1234 O Street
Fresno, CA 93721
(559) 449-4500
Bonique Emerson, AICP, VP of
Planning
Jenna Chilingerian, Senior
Associate Planner
Shin Tu, Associate Planner
Biological Resources Assessment
Biological Assessment Argonaut Ecological, Inc.
(916) 803-1454
Kathy Kinsland, CISEC, QSP, TORQISP, Owner/ Senior Scientist
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7APPENDICIES
7.1 Appendix A: CalEEMod Output Files
Prepared by Precision Civil Engineering dated January 6, 2023.
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7.2 Appendix B: Biological Resources Assessment
Prepared by Argonaut Ecological, Inc. dated January 19, 2023.
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7.3 Appendix C: CHRIS Record Search Result
Prepared by San Joaquin Valley Information Center on August 29, 2022 and November 28, 2022.
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Attachment: 5-CEQA Initial Study MND and Monitoring_4th St and Campus March 2023_CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - General Plan Amendment and Rezone for propert at 4th Street and Campus San Joaquin Valley Air Basin, Annual
Project Characteristics -
Land Use - Project site is 8.86 acres.
Construction Phase - Site is vacant - no demolition required Mobile Land Use Mitigation -
Area Mitigation -
1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population Apartments Mid Rise 212.00 Dwelling Unit 8.86 212,000.00 606
1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
7 Wind Speed (m/s) 2.7 Precipitation Freq (Days) 45
1.3 User Entered Comments & Non-Default Data
1.0 Project Characteristics
Utility Company Pacific Gas and Electric Company
Operational Year 2025
CO2 Intensity
(lb/MWhr)
203.98 CH4 Intensity 0.033
(lb/MWhr)
N2O Intensity 0.004
(lb/MWhr)
Table Name Column Name Default Value New Value
tblAreaMitigation UseLowVOCPaintParkingCheck False True tblConstructionPhase NumDays 20.00 0.00
tblConstructionPhase PhaseEndDate 6/28/2023 5/31/2023
tblLandUse LotAcreage 5.58 8.86
tblWoodstoves NumberCatalytic 8.86 0.00
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
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2.0 Emissions Summary
tblWoodstoves NumberNoncatalytic 8.86 0.00
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4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
2.1 Overall Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2023 0.1372 1.1194 1.2832 2.6600e0030.2412 0.0504 0.2916 0.1041 0.0472 0.1513 0.0000 235.7533 235.7533 0.0437 4.9100e003238.3077 2024 2.1269 1.0520 1.4544 2.9700e0030.0917 0.0454 0.1371 0.0246 0.0426 0.0672 0.0000 263.6727 263.6727 0.0437 5.9700e003266.5439 Maximum 2.1269 1.1194 1.4544 2.9700e0030.2412 0.0504 0.2916 0.1041 0.0472 0.1513 0.0000 263.6727 263.6727 0.0437 5.9700e003266.5439 Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2023 0.1372 1.1194 1.2832 2.6600e0030.2412 0.0504 0.2916 0.1041 0.0472 0.1513 0.0000 235.7531 235.7531 0.0437 4.9100e003238.3075 2024 2.1269 1.0520 1.4544 2.9700e0030.0917 0.0454 0.1371 0.0246 0.0426 0.0672 0.0000 263.6725 263.6725 0.0437 5.9700e003266.5436 Maximum 2.1269 1.1194 1.4544 2.9700e0030.2412 0.0504 0.2916 0.1041 0.0472 0.1513 0.0000 263.6725 263.6725 0.0437 5.9700e003266.5436 Mitigated Construction
CalEEMod Version: CalEEMod.2020.4.0 Page 3 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
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Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter) Maximum Mitigated ROG + NOX (tons/quarter) 1 6-1-2023 8-31-2023 0.4887 0.4887
2 9-1-2023 11-30-2023 0.5802 0.5802
3 12-1-2023 2-29-2024 0.5568 0.5568
4 3-1-2024 5-31-2024 0.5490 0.5490
5 6-1-2024 8-31-2024 2.2662 2.2662
Highest 2.2662 2.2662
2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 1.0834 0.0974 1.6064 5.9000e0040.0151 0.0151 0.0151 0.0151 0.0000 94.4113 94.4113 4.2200e0031.6800e00395.0186 Energy 0.0173 0.1476 0.0628 9.4000e0040.0119 0.0119 0.0119 0.0119 0.0000 248.7955 248.7955 0.0159 4.6600e003250.5812 Mobile 0.5260 0.9395 4.9569 0.0120 1.1920 0.0108 1.2028 0.3190 0.0101 0.3291 0.0000 1,139.198 2 1,139.198
2 0.0579 0.0628 1,159.344
2 Waste 0.0000 0.0000 0.0000 0.0000 19.7957 0.0000 19.7957 1.1699 0.0000 49.0430 Water 0.0000 0.0000 0.0000 0.0000 4.3821 9.7352 14.1173 0.4517 0.0108 28.6327 Total 1.6267 1.1845 6.6260 0.0136 1.1920 0.0378 1.2299 0.3190 0.0372 0.3562 24.1778 1,492.140 2 1,516.318
0 1.6995 0.0799 1,582.619
7 Unmitigated Operational
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2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 1.0123 0.0181 1.5726 8.0000e0058.7300e0038.7300e0038.7300e0038.7300e0030.0000 2.5713 2.5713 2.4600e0030.0000 2.6329 Energy 0.0173 0.1476 0.0628 9.4000e0040.0119 0.0119 0.0119 0.0119 0.0000 248.7955 248.7955 0.0159 4.6600e003250.5812 Mobile 0.4861 0.8157 4.3100 0.0101 0.9917 9.0800e0031.0008 0.2654 8.5300e0030.2739 0.0000 953.7232 953.7232 0.0518 0.0542 971.1662 Waste 0.0000 0.0000 0.0000 0.0000 19.7957 0.0000 19.7957 1.1699 0.0000 49.0430 Water 0.0000 0.0000 0.0000 0.0000 4.3821 9.7352 14.1173 0.4517 0.0108 28.6327 Total 1.5156 0.9814 5.9454 0.0111 0.9917 0.0297 1.0215 0.2654 0.0292 0.2946 24.1778 1,214.825 2 1,239.003
0 1.6917 0.0697 1,302.056
0 Mitigated Operational
3.0 Construction Detail
Construction Phase
Phase
Number
Phase Name Phase Type Start Date End Date Num Days
Week
Num Days Phase Description
1 Demolition Demolition 6/1/2023 5/31/2023 5 0
2 Site Preparation Site Preparation 6/29/2023 7/12/2023 5 10 3 Grading Grading 7/13/2023 8/9/2023 5 20
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction
6.83 17.15 10.27 18.22 16.80 21.39 16.94 16.80 21.49 17.29 0.00 18.59 18.29 0.46 12.81 17.73 CalEEMod Version: CalEEMod.2020.4.0 Page 5 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public 4 Building Construction Building Construction 8/10/2023 6/26/2024 5 230 5 Paving Paving 6/27/2024 7/24/2024 5 20
6 Architectural Coating Architectural Coating 7/25/2024 8/21/2024 5 20 OffRoad Equipment
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48
Demolition Concrete/Industrial Saws 1 8.00 81 0.73
Building Construction Cranes 1 7.00 231 0.29
Demolition Excavators 3 8.00 158 0.38
Grading Excavators 1 8.00 158 0.38
Building Construction Forklifts 3 8.00 89 0.20
Building Construction Generator Sets 1 8.00 84 0.74
Grading Graders 1 8.00 187 0.41
Paving Pavers 2 8.00 130 0.42
Paving Paving Equipment 2 8.00 132 0.36
Paving Rollers 2 8.00 80 0.38
Demolition Rubber Tired Dozers 2 8.00 247 0.40
Grading Rubber Tired Dozers 1 8.00 247 0.40
Site Preparation Rubber Tired Dozers 3 8.00 247 0.40
Building Construction Tractors/Loaders/Backhoes 3 7.00 97 0.37 Grading Tractors/Loaders/Backhoes 3 8.00 97 0.37
Site Preparation Tractors/Loaders/Backhoes 4 8.00 97 0.37 Residential Indoor: 429,300; Residential Outdoor: 143,100; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating – sqft)
Acres of Grading (Site Preparation Phase): 15
Acres of Grading (Grading Phase): 20
Acres of Paving: 0
CalEEMod Version: CalEEMod.2020.4.0 Page 6 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
3.2 Demolition - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction On-Site
3.1 Mitigation Measures Construction
Building Construction Welders 1 8.00 46 0.45
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number
Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Vendor
Vehicle Class
Hauling
Vehicle Class
Demolition 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 7 18.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 9 153.00 23.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 31.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Page 7 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
3.2 Demolition - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 8 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
3.2 Demolition - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction Off-Site
3.3 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0983 0.0000 0.0983 0.0505 0.0000 0.0505 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0133 0.1376 0.0912 1.9000e0046.3300e0036.3300e0035.8200e0035.8200e0030.0000 16.7254 16.7254 5.4100e0030.0000 16.8606 Total 0.0133 0.1376 0.0912 1.9000e0040.0983 6.3300e0030.1046 0.0505 5.8200e0030.0563 0.0000 16.7254 16.7254 5.4100e0030.0000 16.8606 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 9 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
3.3 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.8000e0041.9000e0042.2400e0031.0000e0057.2000e0040.0000 7.2000e0041.9000e0040.0000 1.9000e0040.0000 0.5827 0.5827 2.0000e0052.0000e0050.5882 Total 2.8000e0041.9000e0042.2400e0031.0000e0057.2000e0040.0000 7.2000e0041.9000e0040.0000 1.9000e0040.0000 0.5827 0.5827 2.0000e0052.0000e0050.5882 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0983 0.0000 0.0983 0.0505 0.0000 0.0505 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0133 0.1376 0.0912 1.9000e0046.3300e0036.3300e0035.8200e0035.8200e0030.0000 16.7253 16.7253 5.4100e0030.0000 16.8606 Total 0.0133 0.1376 0.0912 1.9000e0040.0983 6.3300e0030.1046 0.0505 5.8200e0030.0563 0.0000 16.7253 16.7253 5.4100e0030.0000 16.8606 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 10 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
3.3 Site Preparation - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.8000e0041.9000e0042.2400e0031.0000e0057.2000e0040.0000 7.2000e0041.9000e0040.0000 1.9000e0040.0000 0.5827 0.5827 2.0000e0052.0000e0050.5882 Total 2.8000e0041.9000e0042.2400e0031.0000e0057.2000e0040.0000 7.2000e0041.9000e0040.0000 1.9000e0040.0000 0.5827 0.5827 2.0000e0052.0000e0050.5882 Mitigated Construction Off-Site
3.4 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0708 0.0000 0.0708 0.0343 0.0000 0.0343 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0171 0.1794 0.1475 3.0000e0047.7500e0037.7500e0037.1300e0037.1300e0030.0000 26.0606 26.0606 8.4300e0030.0000 26.2713 Total 0.0171 0.1794 0.1475 3.0000e0040.0708 7.7500e0030.0786 0.0343 7.1300e0030.0414 0.0000 26.0606 26.0606 8.4300e0030.0000 26.2713 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 11 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
3.4 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.7000e0043.2000e0043.7300e0031.0000e0051.2000e0031.0000e0051.2100e0033.2000e0041.0000e0053.2000e0040.0000 0.9711 0.9711 3.0000e0053.0000e0050.9803 Total 4.7000e0043.2000e0043.7300e0031.0000e0051.2000e0031.0000e0051.2100e0033.2000e0041.0000e0053.2000e0040.0000 0.9711 0.9711 3.0000e0053.0000e0050.9803 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0708 0.0000 0.0708 0.0343 0.0000 0.0343 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0171 0.1794 0.1475 3.0000e0047.7500e0037.7500e0037.1300e0037.1300e0030.0000 26.0606 26.0606 8.4300e0030.0000 26.2713 Total 0.0171 0.1794 0.1475 3.0000e0040.0708 7.7500e0030.0786 0.0343 7.1300e0030.0414 0.0000 26.0606 26.0606 8.4300e0030.0000 26.2713 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 12 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
3.4 Grading - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.7000e0043.2000e0043.7300e0031.0000e0051.2000e0031.0000e0051.2100e0033.2000e0041.0000e0053.2000e0040.0000 0.9711 0.9711 3.0000e0053.0000e0050.9803 Total 4.7000e0043.2000e0043.7300e0031.0000e0051.2000e0031.0000e0051.2100e0033.2000e0041.0000e0053.2000e0040.0000 0.9711 0.9711 3.0000e0053.0000e0050.9803 Mitigated Construction Off-Site
3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0802 0.7336 0.8284 1.3700e0030.0357 0.0357 0.0336 0.0336 0.0000 118.2204 118.2204 0.0281 0.0000 118.9235 Total 0.0802 0.7336 0.8284 1.3700e0030.0357 0.0357 0.0336 0.0336 0.0000 118.2204 118.2204 0.0281 0.0000 118.9235 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 13 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.2900e0030.0519 0.0159 2.4000e0047.7800e0033.4000e0048.1100e0032.2500e0033.2000e0042.5700e0030.0000 22.6761 22.6761 1.0000e0043.3900e00323.6895 Worker 0.0245 0.0164 0.1942 5.4000e0040.0624 3.3000e0040.0627 0.0166 3.0000e0040.0169 0.0000 50.5171 50.5171 1.5700e0031.4700e00350.9943 Total 0.0258 0.0683 0.2101 7.8000e0040.0702 6.7000e0040.0708 0.0188 6.2000e0040.0195 0.0000 73.1931 73.1931 1.6700e0034.8600e00374.6838 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0802 0.7336 0.8284 1.3700e0030.0357 0.0357 0.0336 0.0336 0.0000 118.2203 118.2203 0.0281 0.0000 118.9234 Total 0.0802 0.7336 0.8284 1.3700e0030.0357 0.0357 0.0336 0.0336 0.0000 118.2203 118.2203 0.0281 0.0000 118.9234 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 14 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
3.5 Building Construction - 2023
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.2900e0030.0519 0.0159 2.4000e0047.7800e0033.4000e0048.1100e0032.2500e0033.2000e0042.5700e0030.0000 22.6761 22.6761 1.0000e0043.3900e00323.6895 Worker 0.0245 0.0164 0.1942 5.4000e0040.0624 3.3000e0040.0627 0.0166 3.0000e0040.0169 0.0000 50.5171 50.5171 1.5700e0031.4700e00350.9943 Total 0.0258 0.0683 0.2101 7.8000e0040.0702 6.7000e0040.0708 0.0188 6.2000e0040.0195 0.0000 73.1931 73.1931 1.6700e0034.8600e00374.6838 Mitigated Construction Off-Site
3.5 Building Construction - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0942 0.8604 1.0347 1.7200e0030.0393 0.0393 0.0369 0.0369 0.0000 148.3834 148.3834 0.0351 0.0000 149.2606 Total 0.0942 0.8604 1.0347 1.7200e0030.0393 0.0393 0.0369 0.0369 0.0000 148.3834 148.3834 0.0351 0.0000 149.2606 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 15 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
3.5 Building Construction - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.5800e0030.0651 0.0194 2.9000e0049.7600e0034.2000e0040.0102 2.8200e0034.1000e0043.2300e0030.0000 28.0015 28.0015 1.2000e0044.1900e00329.2523 Worker 0.0284 0.0182 0.2253 6.6000e0040.0783 3.9000e0040.0787 0.0208 3.6000e0040.0212 0.0000 61.8045 61.8045 1.7700e0031.7000e00362.3563 Total 0.0299 0.0833 0.2447 9.5000e0040.0880 8.1000e0040.0889 0.0236 7.7000e0040.0244 0.0000 89.8061 89.8061 1.8900e0035.8900e00391.6086 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0942 0.8604 1.0347 1.7200e0030.0393 0.0393 0.0369 0.0369 0.0000 148.3833 148.3833 0.0351 0.0000 149.2605 Total 0.0942 0.8604 1.0347 1.7200e0030.0393 0.0393 0.0369 0.0369 0.0000 148.3833 148.3833 0.0351 0.0000 149.2605 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 16 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
3.5 Building Construction - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.5800e0030.0651 0.0194 2.9000e0049.7600e0034.2000e0040.0102 2.8200e0034.1000e0043.2300e0030.0000 28.0015 28.0015 1.2000e0044.1900e00329.2523 Worker 0.0284 0.0182 0.2253 6.6000e0040.0783 3.9000e0040.0787 0.0208 3.6000e0040.0212 0.0000 61.8045 61.8045 1.7700e0031.7000e00362.3563 Total 0.0299 0.0833 0.2447 9.5000e0040.0880 8.1000e0040.0889 0.0236 7.7000e0040.0244 0.0000 89.8061 89.8061 1.8900e0035.8900e00391.6086 Mitigated Construction Off-Site
3.6 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 9.8800e0030.0953 0.1463 2.3000e0044.6900e0034.6900e0034.3100e0034.3100e0030.0000 20.0265 20.0265 6.4800e0030.0000 20.1885 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 9.8800e0030.0953 0.1463 2.3000e0044.6900e0034.6900e0034.3100e0034.3100e0030.0000 20.0265 20.0265 6.4800e0030.0000 20.1885 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 17 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
3.6 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.3000e0042.8000e0043.4500e0031.0000e0051.2000e0031.0000e0051.2100e0033.2000e0041.0000e0053.2000e0040.0000 0.9468 0.9468 3.0000e0053.0000e0050.9552 Total 4.3000e0042.8000e0043.4500e0031.0000e0051.2000e0031.0000e0051.2100e0033.2000e0041.0000e0053.2000e0040.0000 0.9468 0.9468 3.0000e0053.0000e0050.9552 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 9.8800e0030.0953 0.1463 2.3000e0044.6900e0034.6900e0034.3100e0034.3100e0030.0000 20.0265 20.0265 6.4800e0030.0000 20.1884 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 9.8800e0030.0953 0.1463 2.3000e0044.6900e0034.6900e0034.3100e0034.3100e0030.0000 20.0265 20.0265 6.4800e0030.0000 20.1884 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 18 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
3.6 Paving - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.3000e0042.8000e0043.4500e0031.0000e0051.2000e0031.0000e0051.2100e0033.2000e0041.0000e0053.2000e0040.0000 0.9468 0.9468 3.0000e0053.0000e0050.9552 Total 4.3000e0042.8000e0043.4500e0031.0000e0051.2000e0031.0000e0051.2100e0033.2000e0041.0000e0053.2000e0040.0000 0.9468 0.9468 3.0000e0053.0000e0050.9552 Mitigated Construction Off-Site
3.7 Architectural Coating - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Archit. Coating 1.9898 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.8100e0030.0122 0.0181 3.0000e0056.1000e0046.1000e0046.1000e0046.1000e0040.0000 2.5533 2.5533 1.4000e0040.0000 2.5569 Total 1.9916 0.0122 0.0181 3.0000e0056.1000e0046.1000e0046.1000e0046.1000e0040.0000 2.5533 2.5533 1.4000e0040.0000 2.5569 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 19 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
3.7 Architectural Coating - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.0000e0045.8000e0047.1300e0032.0000e0052.4800e0031.0000e0052.4900e0036.6000e0041.0000e0056.7000e0040.0000 1.9566 1.9566 6.0000e0055.0000e0051.9741 Total 9.0000e0045.8000e0047.1300e0032.0000e0052.4800e0031.0000e0052.4900e0036.6000e0041.0000e0056.7000e0040.0000 1.9566 1.9566 6.0000e0055.0000e0051.9741 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Archit. Coating 1.9898 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.8100e0030.0122 0.0181 3.0000e0056.1000e0046.1000e0046.1000e0046.1000e0040.0000 2.5533 2.5533 1.4000e0040.0000 2.5568 Total 1.9916 0.0122 0.0181 3.0000e0056.1000e0046.1000e0046.1000e0046.1000e0040.0000 2.5533 2.5533 1.4000e0040.0000 2.5568 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 20 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
3.7 Architectural Coating - 2024
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.0000e0045.8000e0047.1300e0032.0000e0052.4800e0031.0000e0052.4900e0036.6000e0041.0000e0056.7000e0040.0000 1.9566 1.9566 6.0000e0055.0000e0051.9741 Total 9.0000e0045.8000e0047.1300e0032.0000e0052.4800e0031.0000e0052.4900e0036.6000e0041.0000e0056.7000e0040.0000 1.9566 1.9566 6.0000e0055.0000e0051.9741 Mitigated Construction Off-Site
4.0 Operational Detail - Mobile
4.1 Mitigation Measures Mobile
Increase Density
Improve Pedestrian Network
CalEEMod Version: CalEEMod.2020.4.0 Page 21 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 0.4861 0.8157 4.3100 0.0101 0.9917 9.0800e0031.0008 0.2654 8.5300e0030.2739 0.0000 953.7232 953.7232 0.0518 0.0542 971.1662 Unmitigated 0.5260 0.9395 4.9569 0.0120 1.1920 0.0108 1.2028 0.3190 0.0101 0.3291 0.0000 1,139.198 2 1,139.198
2 0.0579 0.0628 1,159.344
2 4.2 Trip Summary Information
4.3 Trip Type Information
Average Daily Trip Rate Unmitigated Mitigated
Land Use Weekday Saturday Sunday Annual VMT Annual VMT
Apartments Mid Rise 1,153.28 1,040.92 867.08 3,177,001 2,643,164 Total 1,153.28 1,040.92 867.08 3,177,001 2,643,164
Miles Trip % Trip Purpose %
Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Apartments Mid Rise 10.80 7.30 7.50 45.60 19.00 35.40 86 11 3
4.4 Fleet Mix
Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Apartments Mid Rise 0.517111 0.052324 0.170980 0.155671 0.027786 0.007423 0.013424 0.026160 0.000649 0.000313 0.023324 0.001439 0.003395
5.0 Energy Detail
Historical Energy Use: N
CalEEMod Version: CalEEMod.2020.4.0 Page 22 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Electricity
Mitigated
0.0000 0.0000 0.0000 0.0000 0.0000 77.8650 77.8650 0.0126 1.5300e00378.6350 Electricity
Unmitigated
0.0000 0.0000 0.0000 0.0000 0.0000 77.8650 77.8650 0.0126 1.5300e00378.6350 NaturalGas
Mitigated
0.0173 0.1476 0.0628 9.4000e0040.0119 0.0119 0.0119 0.0119 0.0000 170.9305 170.9305 3.2800e0033.1300e003171.9463 NaturalGas
Unmitigated
0.0173 0.1476 0.0628 9.4000e0040.0119 0.0119 0.0119 0.0119 0.0000 170.9305 170.9305 3.2800e0033.1300e003171.9463
5.2 Energy by Land Use - NaturalGas
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr tons/yr MT/yr
Apartments Mid
Rise
3.20312e
+006
0.0173 0.1476 0.0628 9.4000e0040.0119 0.0119 0.0119 0.0119 0.0000 170.9305 170.9305 3.2800e0033.1300e003171.9463 Total 0.0173 0.1476 0.0628 9.4000e0040.0119 0.0119 0.0119 0.0119 0.0000 170.9305 170.9305 3.2800e0033.1300e003171.9463 Unmitigated
5.1 Mitigation Measures Energy
CalEEMod Version: CalEEMod.2020.4.0 Page 23 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
5.2 Energy by Land Use - NaturalGas
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr tons/yr MT/yr
Apartments Mid
Rise
3.20312e
+006
0.0173 0.1476 0.0628 9.4000e0040.0119 0.0119 0.0119 0.0119 0.0000 170.9305 170.9305 3.2800e0033.1300e003171.9463 Total 0.0173 0.1476 0.0628 9.4000e0040.0119 0.0119 0.0119 0.0119 0.0000 170.9305 170.9305 3.2800e0033.1300e003171.9463 Mitigated
5.3 Energy by Land Use - Electricity
Electricity
Use
Total CO2 CH4 N2O CO2e
Land Use kWh/yr MT/yr
Apartments Mid
Rise
841568 77.8650 0.0126 1.5300e00378.6350
Total 77.8650 0.0126 1.5300e00378.6350
Unmitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 24 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public Use Low VOC Paint - Residential Interior
Use Low VOC Paint - Residential Exterior
Use Low VOC Paint - Non-Residential Interior
Use Low VOC Paint - Non-Residential Exterior
No Hearths Installed
Use Low VOC Cleaning Supplies
6.1 Mitigation Measures Area
6.0 Area Detail
5.3 Energy by Land Use - Electricity
Electricity
Use
Total CO2 CH4 N2O CO2e
Land Use kWh/yr MT/yr
Apartments Mid
Rise
841568 77.8650 0.0126 1.5300e00378.6350
Total 77.8650 0.0126 1.5300e00378.6350
Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 25 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 1.0123 0.0181 1.5726 8.0000e0058.7300e0038.7300e0038.7300e0038.7300e0030.0000 2.5713 2.5713 2.4600e0030.0000 2.6329 Unmitigated 1.0834 0.0974 1.6064 5.9000e0040.0151 0.0151 0.0151 0.0151 0.0000 94.4113 94.4113 4.2200e0031.6800e00395.0186
6.2 Area by SubCategory
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory tons/yr MT/yr
Architectural
Coating
0.1990 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer
Products
0.8280 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 9.2800e0030.0793 0.0338 5.1000e0046.4100e0036.4100e0036.4100e0036.4100e0030.0000 91.8400 91.8400 1.7600e0031.6800e00392.3857 Landscaping 0.0472 0.0181 1.5726 8.0000e0058.7300e0038.7300e0038.7300e0038.7300e0030.0000 2.5713 2.5713 2.4600e0030.0000 2.6329 Total 1.0835 0.0974 1.6064 5.9000e0040.0151 0.0151 0.0151 0.0151 0.0000 94.4113 94.4113 4.2200e0031.6800e00395.0186 Unmitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 26 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
7.1 Mitigation Measures Water
7.0 Water Detail
6.2 Area by SubCategory
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory tons/yr MT/yr
Architectural
Coating
0.1990 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer
Products
0.7661 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 0.0472 0.0181 1.5726 8.0000e0058.7300e0038.7300e0038.7300e0038.7300e0030.0000 2.5713 2.5713 2.4600e0030.0000 2.6329 Total 1.0123 0.0181 1.5726 8.0000e0058.7300e0038.7300e0038.7300e0038.7300e0030.0000 2.5713 2.5713 2.4600e0030.0000 2.6329 Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 27 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public Total CO2 CH4 N2O CO2e
Category MT/yr
Mitigated 14.1173 0.4517 0.0108 28.6327
Unmitigated 14.1173 0.4517 0.0108 28.6327
7.2 Water by Land Use
Indoor/Out
door Use
Total CO2 CH4 N2O CO2e
Land Use Mgal MT/yr
Apartments Mid
Rise
13.8127 /
8.70798
14.1173 0.4517 0.0108 28.6327
Total 14.1173 0.4517 0.0108 28.6327
Unmitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 28 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
7.2 Water by Land Use
Indoor/Out
door Use
Total CO2 CH4 N2O CO2e
Land Use Mgal MT/yr
Apartments Mid
Rise
13.8127 /
8.70798
14.1173 0.4517 0.0108 28.6327
Total 14.1173 0.4517 0.0108 28.6327
Mitigated
8.1 Mitigation Measures Waste
8.0 Waste Detail
Total CO2 CH4 N2O CO2e
MT/yr
Mitigated 19.7957 1.1699 0.0000 49.0430
Unmitigated 19.7957 1.1699 0.0000 49.0430
Category/Year
CalEEMod Version: CalEEMod.2020.4.0 Page 29 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
8.2 Waste by Land Use
Waste
Disposed
Total CO2 CH4 N2O CO2e
Land Use tons MT/yr
Apartments Mid
Rise
97.52 19.7957 1.1699 0.0000 49.0430
Total 19.7957 1.1699 0.0000 49.0430
Unmitigated
Waste
Disposed
Total CO2 CH4 N2O CO2e
Land Use tons MT/yr
Apartments Mid
Rise
97.52 19.7957 1.1699 0.0000 49.0430
Total 19.7957 1.1699 0.0000 49.0430
Mitigated
9.0 Operational Offroad
Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2020.4.0 Page 30 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public
11.0 Vegetation
10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment
Equipment Type Number
CalEEMod Version: CalEEMod.2020.4.0 Page 31 of 31 Date: 1/6/2023 2:46 PM General Plan Amendment and Rezone for propert at 4th Street and Campus - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied
4.A.6
Attachment: 5a-Appendix A_CalEEMod Annual Report_4th St and Campus_CC Mtg 052323 (Public Biological Studies - Environmental Review - Stormwater Compliance 2377 Gold Meadow Way, Suite 100 Gold River, CA 95670
TECHNICAL MEMORANDUM
DATE: January 19, 2023
TO: Jenna Chilingerian AICP, Precision Civil Engineering FROM: Kathy Kinsland, Argonaut Ecological, Inc.
RE: Technical Memorandum – 4th Street and Campus Drive Biological Assessment Overview and Background
The City of Arvin proposes a General Plan Amendment (GPA) No. 2023-01 and Rezone No. 2023- 01 and rezoning a property on the east side of North Walnut Street between Grapevine Drive and Bear Mountain Boulevard, approximately 215 feet west of the intersection of 4th Street and Campus Drive (“Project site”). The parcels include (APNs) 190-260-01, 190-260-02, 190-260-06 (portion), and 190-260-08, totaling approximately 8.86 acres. GPA No. 2023-01 requests a land use change from Public Facilities to High Density Residential. Rezone No. 2023-01 requests a rezone from C-O – Professional Office/MUO – Mixed Use Overlay to R-3 – Limited MultipleFamily Dwelling Zone District. No physical development is proposed by the Project. See Figure
1. The site is envisioned to be used for high-density residential or other approved uses. Although no ground disturbance is proposed for the GPA and rezoning action, for purposes of this technical report, it is assumed the site would eventually be developed and the habitat converted to another use. This biological assessment technical memorandum is intended to provide the technical basis for an Initial Study under the California Environmental Quality Act (CEQA).
Land Use, Topography, and Drainage
The Study Area is nearly flat. Review of historical topographic maps indicates little to no change to elevations within the Study Area since 1919.
Drainage is northwest. There are no natural stream or creeks within the Study Area or nearby.
There is a segment of drainage ditch located at the southeastern portion of the Study Area. This ditch is located immediately behind a commercial development. There were several encampments within and along the ditch.
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Attachment: 5b-Appendix B_Bio_4th St and Campus_ CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023-01 & ZC 2023-01) Figure 1
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Attachment: 5b-Appendix B_Bio_4th St and Campus_ CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023-01 & ZC 2023-01) 3 Land Use
Historically the property has been vacant since at least 1992, however, two structures were on the property. The building and water tank immediately northeast of the Study Area was built sometime before 1992 as was a building (now a fire station) adjacent to the eastern edge of the Study Area.
The surrounding lands were developed with residential and commercial (south along Bear Mountain Road). Commercial developed along the southern edge of the Study Area was built in 2008.
Potential Waters/Wetlands
The National Wetland Inventory Map (NWI) identified any known mapped wetlands. The NWI mapping is based on a combination of arial photography and other sources and is not always reliable. However, the NWI does provide a basis for determining if there were wetland or drainages mapped based on aerial photography interpretation, and field work is required to confirm presence or absence. The NWI mapping is shown in Figure 2. The mapping does not show any drainages or wetlands within the Study Area or immediately adjacent to the Study Area.
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Attachment: 5b-Appendix B_Bio_4th St and Campus_ CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023-01 & ZC 2023-01) 4 Habitat
The Study Area is predominately
vegetated, but previously disturbed
ruderal habitat composed of nonnative annual plants and weedy species. Species present include:
geranium, yellow mustard,
Bermuda grass, rip-gut brome, and
other non-native species. There are
no trees within the Study Area, but
some a few landscape trees along
the western edge within the street
right-of-way. The southeast portion
of the Study Area has been graded
and disturbed.
There are mature trees near the
Study Area within the developed
sites., but no mature trees are within
the Study Area. The species
include walnut and eucalyptus. No
previously used nest for raptors
were found in these trees.
There is an old pump jack site in
the southwest corner of the
property. The pump jack
equipment indicates it’s owned by
Sequoia Exploration Inc., (APN 209-144-31) and the jack is numbered “Jewett #3”.
Attachment A shows photographs of the Study Area.
Special Status Species
A review of the California Natural Diversity Database (CNDDB) and the U.S. Fish and Wildlife Service Information for Planning Consultation (IPaC) indicates the potential presence several species within region of the Study Area. However, there are no known records of special status species within or near the Study Area. The field review evaluated the habitat within the Study Area for the potential to support special status species, but no suitable habitat is present because of the highly disturbed habitat.
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Attachment: 5b-Appendix B_Bio_4th St and Campus_ CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023-01 & ZC 2023-01) 5 Table 1
Special Status Species Summary For 4th & Campus Drive Study Area Common Name Scientific Name Status1 Effects2 Occurrence in the Study Area3 Mammals
American badger Taxidea taxus --/-- NE Absent. Ground burrowing mammal. No evidence of occupation observed. No underground burrows
present.
San Joaquin kit fox Vulpes macrotis mutica FE/ST NE Absent. No evidence of occupation or den sites. Lack of prey base within Study Area.
Birds
Long-eared owl Asio otus --/-- NE Absent. No suitable habitat present Burrowing owl Athenia cunicularia --/-- NE Absent. No evidence of occupation and no ground squirrel population. Domestic dogs and cats on site
observed and would disturb nesting for this species.
Swainson’s hawk Buteo swainsoni --/CT NE Absent. Species could forage on the site, but no suitable nest trees and no evidence of raptor nests on
adjacent properties.
Least Bell’s vireo Vireo belli pusillus FE/CE NE Absent. No suitable habitat within or near the Study Area.
Plants
Numerous plant species are listed in the CNDDB for this region (Arvin Quad).
The species includes:
• Horne’s milk-vetch (Astragalus hornii var. hornii)
• Palmer’s marispoa-lily ((Calochortu palmeri var. palmeri) • Alkali mariposa-lily (Calochortus striatus)
• California jewlflower (Caulanthus californicus)
• Calico monkeyflower (Diplacus pictus)
• Kern mallow (Eremalche parryi ssp. Kerensis)
• Tejon poppy (Eschschiozia lemmonii ssp. Kerensis)
• Commanch Point layia (Layia leucopappa)
• Munz’s tidy-tips (Laia munzii)
• San Joaquin wollythreads (Monalopia congdoni)
• Puite Mountains navarretia (Navarreti setiloba)
• Bakersfield cactus (Opuntia basilaris var treleasei)
Based on the habitat requirements of these plant species, the field review, and habitat conditions within the Study Area, the likelihood of any one to these species being present is extremely low. Many of these species were recorded on the Tajon Ranch or Comache Point.
Source: CNDDB = California Natural Diversity Database provided by CDFG
1 Status= Listing of special status species, unless otherwise indicated CE: California listed as Endangered
CT: California listed as Threatened
FE: Federally listed as Endangered
FT: Federally listed as Threatened
1B.1, 1B.2, 2B.2, 2B.3: California Native Plant
Society Society Ranking
2 Effects = Effect determination
NE: No Affect
ME: May affect, not likely to adversely affect
3 Definition of Occurrence Indicators
Present/Potentially: Species recorded in the area and some habitat elements present within Study Area similar to known occurrences.
Absent/Likely Absent: Species not recorded in Study Area and/or suitable habitat or critical habitat components not present
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Attachment: 5b-Appendix B_Bio_4th St and Campus_ CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023-01 & ZC 2023-01) 6 Summary, Conclusions, and Recommendations
• The Study Area is historically non-native grassland and periodically disturbed. • There are no wetlands or waters of the US/State within or adjacent to the Study Area. • There are no sensitive biological resouces present, or potentially present. • There is no habitat suitable for special status species. There is also no nesting habitat for raptors.
• Development of the site for the proposed use will not result in any adverse biological impacts.
• No further biological studies are recommended.
Kathy R. Kinsland, CISEC, QSP-ToR
Senior Biologist
Attachments:
Attachment A - Photographs of Study Area
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Attachment: 5b-Appendix B_Bio_4th St and Campus_ CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023-01 & ZC 2023-01) 7 References
California Natural Diversity Database (CNDDB) Online. Subscription with updates. Available at: URL https://www.wildlife.ca.gov/Data/CNDDB National Resource Conservation Service (NRCS), Web Soils Survey.
Available at: URL
https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm U.S. Fish and Wildlife Service. Information for Planning and Consultation (IPaC). Available at URL: https://ipac.ecosphere.fws.gov/ U.S. Fish and Wildlife Service, National Wetland Inventory Maps. Available at URL: https://www.fws.gov/wetlands/data/mapper.html
U.S. Geologic Survey, Historic topographic Map, Arvin Quadrangle, 1924, University of Texas, Austin, Perry-Castañeda Map Collection. Available at: URL: https://legacy.lib.utexas.edu/maps/
Long Property
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Attachment: 5b-Appendix B_Bio_4th St and Campus_ CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023-01 & ZC 2023-01) Attachment A
Photographs of 4th & N. Campus Drive Study Area
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Attachment: 5b-Appendix B_Bio_4th St and Campus_ CC Mtg 052323 (Public Hearing: 4th St & Campus Dr - GPA 2023-01 & ZC 2023-01) Photographic Documentation
Photographs: January 6, 2023
Project: 4th & Campus Drive, Arvin, CA
Photographer: Kathy Kinsland