REGULAR MEETING AGENDA
OF THE
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING
AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY APRIL 23, 2024 6:00p.m.
CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Daniel Borreli
PLEDGE OF ALLEGIANCE
INVOCATION
*******************************************
ROLL CALL Daniel Borreli Mayor
Susana Reyes Mayor Pro Tem
Donny Horton Councilmember
Juan Murillo Councilmember
Tim Tarver 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. Such comments shall be made in person and before the City during the meeting as prescribed below. There is a time limitation of two (2) minutes per person. However, the City shall allow a speaker using a translator four (4) minutes to ensure that non-English speakers receive the same opportunity to directly address the City. Sixteen Minutes (16) total (plus additional time based on use of a translator, if any) will be allowed for any one subject. For any item that is not on the agenda and within the jurisdiction or interest of the City, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the Mayor or Chair opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staff and the media. Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption of any City Council Meeting, he/she may order the disrupting parties out of the room and subsequently conduct the City’s business without them present.
In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to a regular 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 – April 23, 2024
1. APPROVAL OF AGENDA AS TO FORM.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___
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. PRESENTATION(S)
A. The Open Door Network – Reimagining Lives
Ilene Parra, Director of Client Services
4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of April 05, 2024 – April 18, 2024.
B. Approval of Payroll Register(s) of April 12, 2024.
C. Approval of the Minutes of the Regular Meeting(s) of April 09, 2024.
D. Approval to Participate in the Used Oil Payment Program Managed by the County of Kern for the Fiscal Year of 2024-2025.
E. Approval of A Resolution of the City Council of the City of Arvin Ordering the City Engineer to File A Report with Regard to the Landscape and Lighting Maintenance District No. 1 for the 2024-2025 Fiscal Year.
F. Approval of A Resolution of the City Council of the City of Arvin Ordering the City Engineer to File A Report with Regard to the Landscape and Lighting Maintenance District No. 2 for the 2024-2025 Fiscal Year.
G. Approval of Amendment No. 1 to Agreement No. 2024-07 Public Works Agreement by and between the City of Arvin and Harbor Plumbing Company – DiGiorgio Park Restroom Restoration Project.
H. Approval of Amendment No. 1 to Agreement No. 2024-08 Public Works Agreement between the City of Arvin and Harbor Plumbing Company – Smothermon Park Restroom Restoration Project.
I. Approval of A Letter of Support for Kern Council of Governments’ Submittal to the United States Department of Transportation (USDOT) Multimodal Project Discretionary Grant Program (MPDG) for Completing the Southbound (SB) Route 99 to Westbound (WB) State Route 58 National Freight Network Interchange to Protect Local Neighborhoods (Project).
Arvin City Council Meeting Agenda – April 23, 2024
J. Approval of A Resolution of the City Council of the City of Arvin Authorizing An Application to and Participation in the Prohousing Designation Program.
Staff recommends approval of the consent agenda.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___
5. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Adoption of An Ordinance of the City Council of the City of Arvin Adopting Code Amendment to Title 16 Subdivisions, Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map – Expiration and Extension; Section 16.04.095 Tentative Parcel Map – Expiration and Extension; Adding Chapter 16.06 Urban Lot Splits; and Acknowledge that the Code Amendment is Statutorily Exempt from the California Environmental Quality Act (CEQA). (City Planner)
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.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ B. A Public Hearing to Consider Adoption of An Ordinance of the City Council of the City of Arvin Adopting ZCA 2023-05 – Title 17 Zoning; Adding and Amending Various Chapters and Sections That: Updates Chapter 17.02 Title and Definitions Adding New Definitions and Deleting Outdated Definitions; Amends Chapter 17.06 Zones and Zoning Map by Amending the R-1 Zone Title; Amends Chapter 17.08 R-1 Zone Adding Two-Dwelling Unit Development for Single Family Zoned Properties and Various Miscellaneous Amendments; Amends Chapter 17.50 Miscellaneous Regulations by Adding Section
17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as Deleting Outdated Requirements and Acknowledge that the Code Amendment is Statutorily Exempt from the California Environmental Quality Act (CEQA). (City Planner)
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.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ Arvin City Council Meeting Agenda – April 23, 2024
C. A Public Hearing to Consider:
1) Adoption of A Resolution of the City Council of the City of Arvin for Approval of General Plan Amendment 2024-01 – 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 2024-01 – 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 2024-01 and Zone Change 2024-01 for the Comanche Drive and Varsity Avenue Project. (City Planner)
Staff recommends the City Council consider:
1) Approval of the Resolution of the City Council of the City of Arvin for Approval General Plan 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
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ 2) Introducing 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
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ 3) Approval of the Resolution of the City of Council of the City of Arvin Approving the Associated Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Program for GPA 2024-01 and ZC 2024-01 for the Comanche Drive and Varsity Avenue Project.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ Arvin City Council Meeting Agenda – April 23, 2024
6. ACTION ITEM(S)
A. Consideration and Approval of A Resolution of the City Council of the City of Arvin to Approve A Public Works Agreement with Stockbridge General Contractors, Inc. for the Kovacevich Park Improvements Project. (City Manager)
Staff recommends approval of the Resolution.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ B. Consideration and Approval of Removal of the Assistant City Manager Position from the City of Arvin Employee Job Classification. (Mayor Borreli and CM Tarver)
Staff recommends consideration and direction from Council.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ C. Consideration and Approval of Letter of Support with Lahav Green Energy Ltd. / Arvin Power Company. (CM Tarver and CM Murillo)
Staff recommends the City Council consider approving the Letter of Support and provide direction to staff.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___
7. CITY MANAGER’S REPORT
8. COUNCIL MEMBER COMMENTS
9. CLOSED SESSION ITEM(S)
A. 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.
Arvin City Council Meeting Agenda – April 23, 2024
B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): four cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to
Government Code §54957(b)(1)
Position: City Manager
E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to
Government Code §54957(b)(1)
Position: City Attorney
F. Public Employee Discipline/Dismissal/Release (Pursuant to Government Code §54957)
10. 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 April 18, 2024.
Cecilia Vela, City Clerk
REIMAGINING LIVES
THE OPEN DOOR NETWORK
Presented by: Ilene Parra-Director of Client Services
3.A.1
Attachment: TODN Arvin Presentation_042324 (Presentation: The Open Network - Reimagining Lives)
COMPANY
ABOUT OUR
The Alliance Against Family Violence and
Sexual Assault and the Bakersfield
Homeless Center have been under the
same umbrella under the 2 different
names. On July 1, 2022 the Alliance
Against Family Violence and Sexual
Assault and the Bakersfield Homeless
Center merged under one name, which is
now known as The Open Door Network.
The Open Door Network is an agency
where we help those who enter our
doors reimagine their lives. We are a
place where people in crisis can heal
from trauma and homelessness.
3.A.1
Attachment: TODN Arvin Presentation_042324 (Presentation: The Open Network - Reimagining Lives)
VICTIM SERVICES
3.A.1
Attachment: TODN Arvin Presentation_042324 (Presentation: The Open Network - Reimagining Lives)
SOUTH KERN
VICTIM SERVICES
The Open Door Network provides free and
confidential services to victims and
survivors of domestic violence intimate
partner violence, sexual assault, human
trafficking, and child abuse.
• In December 2023, TODN opened and began operating
a 16-bed confidential shelter in the City of Arvin.
• TODN was awarded HHIP funds through Kern Health
Systems that allows one year of supportive funding.
• Onsite, the shelter provides cooked meals 3 times a
day, housekeeping, case management, housing and
employment services, and adult/child therapy.
• TODN also has a case manager stationed at the South
Kern Family Justice Center that provides emergency,
housing and therapy services.
You do not have to be in a current
situation to receive services.
3.A.1
Attachment: TODN Arvin Presentation_042324 (Presentation: The Open Network - Reimagining Lives) • We been at full capacity
• In 4 months we have served
- 11 adults
- 14 children
- 5 families
- Provided a total of 620 services
• In 4 months we housed our first family
• New or gently used donations are ALWAYS
accepted.
• Yearly events like Christmas, Easter, Mothers
Day, Thanksgiving, etc. is a great way for the
community to give to those in hard times like
this.
• We are seeking a Therapist for our Arvin Shelter.
SINCE THE OPENING OF THE
ARVIN SHELTER
3.A.1
Attachment: TODN Arvin Presentation_042324 (Presentation: The Open Network - Reimagining Lives)
HOW TO REFER
Telephone Walk-in Locations
TODN 24-hour Crisis Hotline
661-327-1091
Shelter screenings & admissions
arrange transportation
complete intake by phone
Kern County Family Justice Center
1300 18th Street
Bakersfield, CA, 93301
South Kern Family Justice Center
12022 Main Street
Lamont, CA, 93241
Walk-in hours: Mon-Fri 8:30 AM-4 PM
3.A.1
Attachment: TODN Arvin Presentation_042324 (Presentation: The Open Network - Reimagining Lives)
SERVICES
PREVENTION EDUCATION
• Prevention Education Training for schools or the
workplace
• Free Self-Defense Classes in Bakersfield (every first Thursday of the month from 6 PM-9 PM)
• Resource Tabling Events
• Volunteer Opportunities
All questions or comments, email Noe Ontiveros
[email protected]
3.A.1
Attachment: TODN Arvin Presentation_042324 (Presentation: The Open Network - Reimagining Lives)
DEVELOPMENT
WORKFORCE Creating Opportunities for Employment
Your past doesn’t disqualify you. Our job development program is designed to recruit, train, and employ people. WFD allows developmental professional maturity, job skills and work ethic and progress toward continuous employment and self-sufficiency. Jobs are supported by contracts with the City of Bakersfield, County of Kern and Caltrans.
Types of Work Crews
• Machinery and Equipment Cleaning
• Green Waste Management
• Animal Care
• Litter Removal
• Bulky Item Removal
• Cutting Fire Breaks Around Property
• Landscape and Property Maintenance
• Operational or Site-Specific Needs
• Facilities Maintenance
• Transportation
• Flexible Manual Labor Needs
3.A.1
Attachment: TODN Arvin Presentation_042324 (Presentation: The Open Network - Reimagining Lives)
SERVICES
TRANSFORMATIONAL Housing and Supportive Services
Designed as a short-term housing intervention informed by the Housing First Model. We connect families and individuals experiencing housing instability and homelessness in Kern County to permanent housing through a tailored package of assistance offering supportive services and financial assistance.
Types of Housing Programs
• CalWORKS Housing Support Program
• Rapid Rehousing (available to undocumented individuals and families) • Homeless Prevention Program
• Diversion up to $1000
• Move in Kit up to $1000
3.A.1
Attachment: TODN Arvin Presentation_042324 (Presentation: The Open Network - Reimagining Lives) 12345
We honor our word by keeping our word.
WE STRIVE FOR SOLUTIONS
WE LEAD WITH COMPASSION
WE MEET PEOPLE WHERE THEY ARE
WE BELIEVE IN HUMAN POTENTIAL
WE ACT WITH INTEGRITY
We always believe there will be a positive
outcome for clients, no matter how many tries it
may take
We show we’re adaptable, with no judgement
Compassion is one core aspect of everything we do....
We believe in their potential.... We approach with
open hearts and minds.
We will always reach further for the next best
approach. If the first approach doesn’t work, we try
another
FIVE CORE VALUES
OUR AGENCY
3.A.1
Attachment: TODN Arvin Presentation_042324 (Presentation: The Open Network - Reimagining Lives)
HOW TO CONNECT
The Open Door Network Admin Office
1921 19th Street
Bakersfield, CA, 93301
TODN Main Office Line
661-322-0931
Monday-Friday
8:30 AM-5 PM
3.A.1
Attachment: TODN Arvin Presentation_042324 (Presentation: The Open Network - Reimagining Lives) opendoorhelps.org
SOCIAL MEDIA
FOLLOW OUR
To stay up to date with
what is going on at The
Open Door Network and
upcoming events The Open Door Network
@theopendoornetwork
3.A.1
Attachment: TODN Arvin Presentation_042324 (Presentation: The Open Network - Reimagining Lives) Questions?
3.A.1
Attachment: TODN Arvin Presentation_042324 (Presentation: The Open Network - Reimagining Lives) THANK
YOU
Ilene Parra- Director of Client Services
Located at: 1921 19th Street (Main Office)
Contact: 661-322-0931 ext. 517
3.A.1
Attachment: TODN Arvin Presentation_042324 (Presentation: The Open Network - Reimagining Lives) 4/11/2024 8:38:18 AM Page 1 of 8
Payment Register
City of Arvin APPKT00649 - FOR AP 4/10/2024
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1228
Vendor Number
ALL AMERICAN UNIFORMS
Total Vendor Amount
12.50 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 12.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 205 EMBROIDERY BADGE 03/14/2024 03/14/2024 0.00 12.50
1253
Vendor Number
ARMANDO PANTOJA
Total Vendor Amount
537.64
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 537.64
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PER DIEM FOR TRAINING PER DIEM FOR TRAINING FTO 03/14/2024 03/14/2024 0.00 410.00 PER DIEM FOR TRAINING ICI PER DIEM FOR TRAINING ICI COURSE 03/24/2024 03/24/2024 0.00 127.64 1002
Vendor Number
ARVIN COMMUNITY SERVICES DISTRICT
Total Vendor Amount
7,279.56
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 7,279.56
Payable Number Description Payable Date Due Date Discount Amount Payable Amount
02.23.24 - 03.25.24 WATER SERVICES 02.23.24 - 03.25.24 03/25/2024 03/25/2024 0.00 7,279.56 1015
Vendor Number
AT&T MOBILITY
Total Vendor Amount
598.13
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 598.13
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 287251442687X03282024 PW + COMM DEV + CH CELL PHONES 03.23.24-04.22.24 03/22/2024 03/22/2024 0.00 598.13 1028
Vendor Number
BAKERSFIELD CALIFORNIAN 1ARV05
Total Vendor Amount
3,863.98
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 3,863.98
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 312285 COA NOTICE OF PUBLICATION 02/28/2024 02/28/2024 0.00 507.04 312545 PUBLIC NOTICE OF ADOPTION 02/29/2024 02/29/2024 0.00 481.06 312552 PUBLIC NOTICE OF ADOPTION 02/29/2024 02/29/2024 0.00 394.46 319520 NOTICE BY ARVIN CITY COUNCIL 03/15/2024 03/15/2024 0.00 368.48 319522 NOTICE BY ARVIN CITY COUNCIL 03/15/2024 03/15/2024 0.00 342.50 319523 NOTICE BY THE ARVIN CITY COUNCIL 03/15/2024 03/15/2024 0.00 420.44 319792 ARVIN CITY COUNCIL PUBLIC HEARING 03/20/2024 03/20/2024 0.00 675.00 319793 NOTICE OF PUBLIC HEARING 03/20/2024 03/20/2024 0.00 675.00 1670
Vendor Number
BLUETRITON BRANDS INC
Total Vendor Amount
359.12
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 359.12
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 04C6707940541 WATER DELIVERY 02.27.24-03.26.24 03/28/2024 03/28/2024 0.00 359.12
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) Payment Register APPKT00649 - FOR AP 4/10/2024
4/11/2024 8:38:18 AM Page 2 of 8
1149
Vendor Number
BRANDON SNYDER
Total Vendor Amount
2,460.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 2,460.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PER DIEM FOR TRAINING PER DIEM FOR TRAINING K-9 COURSE 03/06/2024 03/06/2024 0.00 2,460.00 1292
Vendor Number
CANON FINANCIAL SERVICES INC
Total Vendor Amount
809.89
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 809.89
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 32258933 PRINTER LEASE FOR CH, FIN TRLR, & TRANSIT MARCH 24 03/12/2024 03/12/2024 0.00 809.89 1720
Vendor Number
CAPITAL INDUSTRIAL MEDICAL SUPPLY CO
Total Vendor Amount
116.69
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 116.69
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34-202208 MEDIFIRST LENS CLEANER FOR TRANSIT 04/05/2024 04/05/2024 0.00 116.69 1687
Vendor Number
CENTRAL VALLEY SALINITY COALITION INC
Total Vendor Amount
2,398.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 2,398.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 23-2655.1 ARVIN WWTF 04/08/2024 04/08/2024 0.00 2,398.54 1020
Vendor Number
COLONIAL LIFE PROCESSING CENTER
Total Vendor Amount
1,979.46
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 1,979.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5193602-0301014 SUPPLEMENTAL INS MARCH 2024 03/01/2024 03/01/2024 0.00 1,979.46 1193
Vendor Number
DIAMOND TECHNOLOGIES INC
Total Vendor Amount
986.77
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 986.77
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 35557 PD WORK STATION LIFECYLCE 2023 03/18/2024 03/18/2024 0.00 862.76 35627 2TB EXTERNAL HARD DRIVE 04/02/2024 04/02/2024 0.00 124.01 1718
Vendor Number
DMV RENEWAL
Total Vendor Amount
10.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 10.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PERMANENT TRAILER ID PERMANENT TRAILER ID 04/10/2024 04/10/2024 0.00 10.00 1594
Vendor Number
ENTERPRISE FM TRUST
Total Vendor Amount
11,864.73
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 11,864.73
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FBN5016137 LEASE CHARGE FOR APRIL 2024 04/03/2024 04/03/2024 0.00 11,864.73
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) Payment Register APPKT00649 - FOR AP 4/10/2024
4/11/2024 8:38:18 AM Page 3 of 8
1310
Vendor Number
ERIC REYES GUERRA
Total Vendor Amount
565.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 565.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0263 ARVIN PD FLEET WASH 04.03.24 04/03/2024 04/03/2024 0.00 565.00 1213
Vendor Number
HOME DEPOT PRO INSTITUTIONAL
Total Vendor Amount
2,780.16
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 2,780.16
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 794759951 NEUTRA CLEAN , BLEACHGAL 03/15/2024 03/15/2024 0.00 416.44 795201557 EPA REG BLEACH GAL 03/19/2024 03/19/2024 0.00 41.07 INV0001149 CLEANING AND JANITORIAL SUPPLIES FOR PUBLIC WORKS 04/10/2024 04/10/2024 0.00 2,322.65 1322
Vendor Number
JAKE RAPER JR
Total Vendor Amount
7,380.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 7,380.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001148 INVOICE 5 03/19/2024 04/01/2024 0.00 7,380.00 1232
Vendor Number
JEFFREY B KELLEY
Total Vendor Amount
123.97
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 123.97
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4843 2 SET KEYS FOR ADOBE PLAZA 03/14/2024 03/14/2024 0.00 123.97 1719
Vendor Number
K SWANSON CO
Total Vendor Amount
280.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 280.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 102827 7 TOTER 95 03/25/2024 03/25/2024 0.00 280.00
1713
Vendor Number
MARGOTH A. ALVARENGA
Total Vendor Amount
480.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 480.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount #1 COUNCIL MEETING TRANSLATING 03/26/2024 03/26/2024 0.00 480.00 1400
Vendor Number
MCA DIRECT LLC
Total Vendor Amount
490.75
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 490.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2024050 CA MUNICIPAL ELECTION MANUAL 03/13/2024 03/13/2024 0.00 490.75 1102
Vendor Number
MOUNTAINSIDE DISPOSAL
Total Vendor Amount
214.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 214.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 745200 BIN RENT AND 4 YD ROLL OFF APRIL 2024 04/01/2024 04/01/2024 0.00 214.18
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) Payment Register APPKT00649 - FOR AP 4/10/2024
4/11/2024 8:38:18 AM Page 4 of 8
1340
Vendor Number
NATHAN M HODGES
Total Vendor Amount
46,930.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 46,930.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount MARCH 2024 LEGAL FEES MARCH 2024 04/01/2024 04/01/2024 0.00 46,930.50 1721
Vendor Number
PATRICIA GUTIERREZ
Total Vendor Amount
1,600.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 1,600.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $1,600 REIMBURSEMENT OF $1,600 VET'S HALL 04/08/2024 04/08/2024 0.00 1,600.00 1108
Vendor Number
PG & E
Total Vendor Amount
860.04
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 860.04
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7317315093-6 02.23.24-03.24.24 7317315093-6 02.23.24-03.24.24 03/29/2024 03/29/2024 0.00 834.58 9307046200-2 02.23.24-03.24.24 9307046200-2 02.23.24-03.24.24 03/26/2024 03/26/2024 0.00 25.46 1346
Vendor Number
QUAD KNOPF INC
Total Vendor Amount
11,279.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 11,279.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 122546 ON CALL LAND SURVEYING 02.04.24- 03.02.24 03/13/2024 03/13/2024 0.00 3,025.00 122561 KOVACEVICH PARK 02.04.24- 03.02.24 03/13/2024 03/13/2024 0.00 1,725.00 122562 KOVACEVICH PARK 02.04.24 - 03.02.24 03/13/2024 03/13/2024 0.00 6,529.00 1606
Vendor Number
QUANTUM FARMS LLC
Total Vendor Amount
17,104.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 17,104.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 6 EMERGENCY REPAIRS AND PREPARATION 04/08/2024 04/08/2024 0.00 17,104.00 1434
Vendor Number
RIO HONDO COLLEGE
Total Vendor Amount
178.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 178.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount TRAINING FOR ARMANDO P. TRAINING FOR ARMANDO P. 03/14/2024 03/14/2024 0.00 89.00 TRAINING FOR VINCENTE M. TRAINING FOR VINCENTE M 03/14/2024 03/14/2024 0.00 89.00 1596
Vendor Number
ROBERT HALF
Total Vendor Amount
1,002.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 1,002.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 63432791 WEEK ENDING 4/5/24 FOR JAZMIN C. 04/08/2024 04/08/2024 0.00 1,002.54 1123
Vendor Number
SO CAL GAS CO
Total Vendor Amount
511.53
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 511.53
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SERVICES 02.23.24-03.25.24 SERVICES 02.23.24-03.25.24 03/27/2024 03/27/2024 0.00 511.53
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) Payment Register APPKT00649 - FOR AP 4/10/2024
4/11/2024 8:38:18 AM Page 5 of 8
1125
Vendor Number
SPARKLE TEXTILE RENTAL SERVICE
Total Vendor Amount
1,514.11
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 1,514.11
Payable Number Description Payable Date Due Date Discount Amount Payable Amount UNIFORM SERVICES MARCH 2024 UNIFORM SERVICES MARCH 2024 03/29/2024 03/29/2024 0.00 1,514.11 1131
Vendor Number
TEL-TEC SECURITY SYSTEMS
Total Vendor Amount
55.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 55.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 843755 ARVIN ADOBE COMPLEX FIRE MONITORING APRIL 2024 04/01/2024 04/01/2024 0.00 55.00 1179
Vendor Number
THE PUN GROUP LLP
Total Vendor Amount
20,000.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 20,000.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 114438 AUDIT FOR YEAR ENDED JUNE 30, 2023 03/15/2024 03/15/2024 0.00 20,000.00 1354
Vendor Number
TIMOTHY RAMOS
Total Vendor Amount
750.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 750.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1658 ANNUAL COMM. CANN BACKGROUND UPDATE 02/05/2024 02/05/2024 0.00 750.00 1700
Vendor Number
UNITED RENTALS INC
Total Vendor Amount
10,352.53
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 10,352.53
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 229076235-006 SKID STEER TRACK LOADER 03/23/2024 03/23/2024 0.00 8,645.63 231077524-001 TIRE REPAIR, GLASS SCREEN 03/05/2024 03/05/2024 0.00 1,706.90 1145
Vendor Number
VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
155,607.33
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 150,063.33
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000141877 O & M SERVICES WASTEWATER FEBRUARY 2024 03/01/2024 03/01/2024 0.00 150,063.33 Check 04/11/2024 5,544.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000145829 O & M SERVICES WASTEWATER FEBRUARY 2024 03/18/2024 03/18/2024 0.00 5,544.00 1140
Vendor Number
VERIZON WIRELESS 609123961 5
Total Vendor Amount
1,287.43
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 1,287.43
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9960087546 ARVIN PD CELL PHONES 02.26.24 - 03.25.24 03/25/2024 03/25/2024 0.00 1,287.43 1139
Vendor Number
VERIZON WIRELESS 609123961 6
Total Vendor Amount
848.34
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 848.34
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9960087547 ARVIN PD AIR CARDS 02.26.24-03.25.24 03/25/2024 03/25/2024 0.00 848.34
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) Payment Register APPKT00649 - FOR AP 4/10/2024
4/11/2024 8:38:18 AM Page 6 of 8
1259
Vendor Number
VINCENTE MEDRANO
Total Vendor Amount
537.64
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 537.64
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PER DIEM FOR TRAINING PER DIEM FOR TRAINING 03/14/2024 03/14/2024 0.00 410.00 PER DIEM FOR TRAINING ICI PER DIEM FOR TRAINING ICI 03/24/2024 03/24/2024 0.00 127.64 1142
Vendor Number
WELLS FARGO LEASE PMTS
Total Vendor Amount
285.91
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/11/2024 285.91
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5029062648 COMM DEV LEASE 03.12.24-04.11.24 03/15/2024 03/15/2024 0.00 285.91
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) Payment Register APPKT00649 - FOR AP 4/10/2024
4/11/2024 8:38:18 AM Page 7 of 8
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 58 41 0.00 316,294.97
Packet Totals: 58 41 0.00 316,294.97
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) Payment Register APPKT00649 - FOR AP 4/10/2024
4/11/2024 8:38:18 AM Page 8 of 8
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -316,294.97
Packet Totals: -316,294.97
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) 4/17/2024 4:38:48 PM Page 1 of 7
Payment Register
City of Arvin APPKT00653 - AP FOR 4/17/2024
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1542
Vendor Number
ADLERHORST INTERNATIONAL LLC
Total Vendor Amount
700.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 700.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 121136 AGITATOR SEMINAR 03.21.24- 03.22.24 03/22/2024 03/22/2024 0.00 700.00 1150
Vendor Number
AT&T
Total Vendor Amount
811.49
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 811.49
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000021411155 9391033189 SERVICE 02.13.24-03.12.24 03/13/2024 03/13/2024 0.00 336.71 000021412917 9391056024 SERVICE 02.13.24-03.12.24 03/13/2024 03/13/2024 0.00 474.78 1172
Vendor Number
BAKERSFIELD ANIMAL HOSPITAL
Total Vendor Amount
224.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 224.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5370690832 DAGO EXAM/ CONSULTATION EMERGENCY 02/07/2024 02/07/2024 0.00 224.60 1289
Vendor Number
BEAR MOUNTAIN FENCE CO
Total Vendor Amount
11,645.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 11,645.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7912 REPAIRED DAMAGED FENCE SMOTHERNMON PARK 03/25/2024 03/25/2024 0.00 9,665.00 7913 FENCE FOR SMOTHERMON PARK 03/25/2024 03/25/2024 0.00 1,980.00 1724
Vendor Number
CHICAGO TITLE COMPANY
Total Vendor Amount
750.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 750.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FWKN-TO24000746-1 CONDITION OF TITLE REPORT 04/17/2024 04/17/2024 0.00 750.00 1204
Vendor Number
COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount
41.30 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 41.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 520042 DURACEL BATTERY FOR VET'S HALL 03/21/2024 03/21/2024 0.00 9.73 61335 BULBS, AND STRING UTILITY LIGHT 03/21/2024 03/21/2024 0.00 31.57 1052
Vendor Number
CSJVRMA
Total Vendor Amount
433.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 433.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount RMA 2024-0267 ANNUAL WORKSHOP MEGAN M. 03/25/2024 03/25/2024 0.00 433.00
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) Payment Register APPKT00653 - AP FOR 4/17/2024
4/17/2024 4:38:48 PM Page 2 of 7
1058
Vendor Number
DEPARTMENT OF JUSTICE
Total Vendor Amount
710.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 710.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 724656 FINGERPRINT SVCS MARCH 2024 04/04/2024 04/04/2024 0.00 710.00 1193
Vendor Number
DIAMOND TECHNOLOGIES INC
Total Vendor Amount
1,138.16
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 1,138.16
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 36312535 DELL PWREDGE SERV LIC & EQUIP- WRKSTNS 04/08/2024 04/08/2024 0.00 1,138.16 1310
Vendor Number
ERIC REYES GUERRA
Total Vendor Amount
840.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 840.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0264 ARVIN PD FLEET WASH 04.09.24 04/09/2024 04/09/2024 0.00 500.00 INV0265 BUS WASH AND BUMPER SHINE 04.11.24 04/11/2024 04/11/2024 0.00 340.00 1070
Vendor Number
GENERAL OFFICE
Total Vendor Amount
668.57
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 668.57
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 22763 METER READING APD & COMM 03.01.24-04.01.24 04/02/2024 04/02/2024 0.00 668.57 1225
Vendor Number
JASMIN GARCIA
Total Vendor Amount
25.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 25.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PROPERTY AND EVIDENCE COURSE POPERTY AND EVIDENCE COURSE 04/12/2024 04/12/2024 0.00 25.00 1417
Vendor Number
JESUS MARTINEZ
Total Vendor Amount
2,967.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 2,967.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8710 UNIT 282 ENGINE OIL CHANGE BRAKE ROTOR REPLACED 04/10/2024 04/10/2024 0.00 1,245.50 8711 UNIT 281 CATALYST CONVERTER REPLACED 04/10/2024 04/10/2024 0.00 1,722.46 1081
Vendor Number
JIM BURKE FORD
Total Vendor Amount
6,337.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 6,337.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 254170 BATTERY REPLACEMENT / VEH MAKES RATTLE NOISE 04/09/2024 04/09/2024 0.00 961.27 736679 UNIT 291 REPAIRS 12/29/2023 12/29/2023 0.00 5,375.99 1703
Vendor Number
KAISER SAMIN
Total Vendor Amount
260.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 260.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REPORT WRITING COURSE REPORT WRITING COURSE 02.02.24- 02.07.24 04/15/2024 04/15/2024 0.00 260.00
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) Payment Register APPKT00653 - AP FOR 4/17/2024
4/17/2024 4:38:48 PM Page 3 of 7
1168
Vendor Number
LOWES
Total Vendor Amount
2,008.41
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 2,008.41
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 736455384 263-PC MECH SET LOWPRO 03/05/2024 03/05/2024 0.00 1,434.58 762035536 262-PC MECH SET LOWPRO 03/05/2024 03/05/2024 0.00 573.83 1109
Vendor Number
PACIFIC IRRIGATION
Total Vendor Amount
1,391.89
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 1,391.89
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 00224512 SANITATION QUANTUM FARMS SACK READY 02/23/2024 02/23/2024 0.00 1,391.89 1110
Vendor Number
PACIFIC TIRE ARVIN
Total Vendor Amount
120.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 120.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34555 UNIT 298 WHEEL BALANCE 01/10/2024 01/10/2024 0.00 50.00 34966 UNIT 283 REPAIR 03/22/2024 03/22/2024 0.00 70.00
1108
Vendor Number
PG & E
Total Vendor Amount
303.63
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 303.63
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8440977428-2 03.02.24-04.01.24 8440977428-2 03.02.24-04.01.24 04/01/2024 04/01/2024 0.00 303.63 1111
Vendor Number
PITNEY BOWES
Total Vendor Amount
244.56
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 244.56
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3106622821 LEASE 02.28.24 - 05.27.24 04/08/2024 04/08/2024 0.00 244.56 1113
Vendor Number
PRINTING SYSTEMS
Total Vendor Amount
386.69
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 386.69
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 228687 #10 REGULAR ENVELOPES 08/28/2023 08/28/2023 0.00 217.97 231911 ENVELOPES FOR BUSINESS LICENSE 02/01/2024 02/01/2024 0.00 168.72 1346
Vendor Number
QUAD KNOPF INC
Total Vendor Amount
1,581.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 1,581.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 121589 ON CALL PROF. SERV. 11.12.23-12.09.23 12/22/2023 12/22/2023 0.00 1,000.50 122578 ON CALL PROF. SERV. 02.4.24-03.02.24 03/20/2024 03/20/2024 0.00 580.50 1596
Vendor Number
ROBERT HALF
Total Vendor Amount
1,473.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 1,473.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 63462344 WEEK ENDING 4/5/24 JAZMIN C. 04/15/2024 04/15/2024 0.00 180.00 63462602 WEEK ENDING 04.12.24 JAZMIN C. 04/15/2024 04/15/2024 0.00 1,293.60
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) Payment Register APPKT00653 - AP FOR 4/17/2024
4/17/2024 4:38:48 PM Page 4 of 7
1033
Vendor Number
SPECTRUM BUSINESS
Total Vendor Amount
108.99
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 108.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 168251101032124 PUBLIC WORKS SVC 03.29.24- 04.28.24 03/21/2024 03/21/2024 0.00 108.99 1126
Vendor Number
STAPLES BUSINESS CREDIT
Total Vendor Amount
1,317.01
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 1,317.01
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7000179013 OFFICE SUPPLIES FOR THE CITY MARCH 2024 03/26/2024 03/26/2024 0.00 1,317.01 1179
Vendor Number
THE PUN GROUP LLP
Total Vendor Amount
20,400.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 20,400.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 114541 CITY'S FINANCIAL AUDIT FINAL BILLING 03/31/2024 03/31/2024 0.00 20,400.00 1723
Vendor Number
VERIZON WIRELESS 609123961 7
Total Vendor Amount
2,299.86
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 2,299.86
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9960087548 ARVIN PW CELL PHONES 02.27.24-03.25.24 03/25/2024 03/25/2024 0.00 2,299.86 1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
576.40
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 576.40
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9960315154 TRANSIT SERVICE 02.29.24-03.28.24 03/28/2024 03/28/2024 0.00 576.40 1210
Vendor Number
WAGEWORKS INC
Total Vendor Amount
79.52 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 79.52
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0324-TR39927 C2791 MNTHLY COMPLIANCE FEE COBRA MARCH 2024 04/04/2024 04/04/2024 0.00 79.52 1142
Vendor Number
WELLS FARGO LEASE PMTS
Total Vendor Amount
110.88
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 110.88
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5029189650 COMM DEV LEASE 03.21.24-04.20.24 03/26/2024 03/26/2024 0.00 110.88 1201
Vendor Number
WESTERN ALLIANCE BANK LOAN PMT
Total Vendor Amount
172,740.77
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 172,740.77
Payable Number Description Payable Date Due Date Discount Amount Payable Amount A#04500161025-61026 05.01.24LOAN 04500161025-61026 WASTEWATER TREATMENT 04/17/2024 04/17/2024 0.00 172,740.77
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) Payment Register APPKT00653 - AP FOR 4/17/2024
4/17/2024 4:38:48 PM Page 5 of 7
Bank: PY - Payroll Vendor Payables
1006
Vendor Number
ALLSTATE
Total Vendor Amount
217.46
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 217.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001117 ALLSTATE 03/15/2024 03/15/2024 0.00 108.73
INV0001153 ALLSTATE 04/12/2024 04/12/2024 0.00 108.73
1013
Vendor Number
ARVIN POLICE OFFICERS
Total Vendor Amount
900.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 900.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001154 APOA Dues 04/12/2024 04/12/2024 0.00 900.00
1017
Vendor Number
CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
993.31
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 993.31
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001155 SEIU Dues 04/12/2024 04/12/2024 0.00 27.00
INV0001156 SEIU Dues 04/12/2024 04/12/2024 0.00 966.31
1312
Vendor Number
FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 04/17/2024 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001158 ALEX GHAZARIAN 04/12/2024 05/15/2024 0.00 300.00
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) Payment Register APPKT00653 - AP FOR 4/17/2024
4/17/2024 4:38:48 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 42 31 0.00 232,695.55
Packet Totals: 42 31 0.00 232,695.55
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check64 0.00 2,410.77
Packet Totals:
64 0.00 2,410.77
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) Payment Register APPKT00653 - AP FOR 4/17/2024
4/17/2024 4:38:48 PM Page 7 of 7
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -235,106.32
Packet Totals: -235,106.32
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) 4/17/2024 5:11:32 PM Page 1 of 3
Payment Register
City of Arvin APPKT00655 - FOR AP 4/17/24 PO
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1700
Vendor Number
UNITED RENTALS INC
Total Vendor Amount
60,022.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 43708 04/17/2024 60,022.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001163 DITCHWITCH VACUUM TRAILER 400-750 GALLON MOD: HX30 04/17/2024 04/17/2024 0.00 60,022.50
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) Payment Register APPKT00655 - FOR AP 4/17/24 PO
4/17/2024 5:11:32 PM Page 2 of 3
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check11 0.00 60,022.50
Packet Totals:
11 0.00 60,022.50
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.) Payment Register APPKT00655 - FOR AP 4/17/24 PO
4/17/2024 5:11:32 PM Page 3 of 3
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -60,022.50
Packet Totals: -60,022.50
4.A.1
Attachment: Demand Register(s) of April 05, 2024 - April 18, 2024 (Demand Register(s) of April 05, 2024 - April 18, 2024.)
4.B.1
Attachment: Payroll Register(s) of April 12, 2024 (Approval of Payroll Register(s) of April 12, 2024.)
4.B.1
Attachment: Payroll Register(s) of April 12, 2024 (Approval of Payroll Register(s) of April 12, 2024.)
4.B.1
Attachment: Payroll Register(s) of April 12, 2024 (Approval of Payroll Register(s) of April 12, 2024.) Arvin City Council Meeting Agenda – April 09, 2024
REGULAR MEETING MINUTES
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /
ARVIN PUBLIC FINANCING AUTHORITY
APRIL 09, 2024
CALL TO ORDER @ 6:03PM
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL: All present.
1. APPROVAL OF AGENDA AS TO FORM.
Motion to approve the Agenda with the following change:
- Move Item 6, City Manager Report to be discussed after Item #1 Approval of Agenda and prior to Item #2 Public Comments.
Motion CM Horton Second CM Reyes 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 March 22, 2024 – April 04, 2024.
B. Approval of Payroll Register(s) of March 29, 2024.
C. Approval of the Minutes of the Regular Meeting(s) of March 26, 2024.
D. Approval of A Resolution of the City Council of the City of Arvin Approving An Application for Funding and the Execution of A Grant Agreement and Any Amendments Thereto from the 2023 and/or 2024 Funding Year of the State of CDBG Program.
Resolution No. 2024-17
Staff recommends approval of the consent agenda.
Motion to approve Consent Agenda Items 3A – 3D.
Motion CM Horton Second CM Tarver Vote 5-0
4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of April 09, 2024 (Minutes of the Regular Meeting(s) of April 09, 2024.) Arvin City Council Meeting Agenda – April 09, 2024
4. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Introduction of An Ordinance of the City Council of the City of Arvin Adopting Code Amendment to Title 16 Subdivisions, Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map – Expiration and Extension; Section 16.04.095 Tentative Parcel Map – Expiration and Extension; Adding Chapter 16.06 Urban Lot Splits; and Acknowledge that the Code Amendment is Statutorily Exempt from the California Environmental Quality Act (CEQA). (City Planner) Staff recommends the City Council consider introducing 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.
Hearing opened.
Public Testimony Received: A member of the public inquired whether the exemption for CEQA is included as part of the agenda packet. City Planner responded informing the public that this item is statutorily exempt from CEQA and therefore, did not need CEQA review.
Hearing closed.
Motion to waive first reading of the Ordinance and approve the introduction of the Ordinance.
Motion CM Tarver Second CM Murillo Vote 5-0
B. A Public Hearing to Consider Introduction of An Ordinance of the City Council of the City of Arvin Adopting ZCA 2023-05 – Title 17 Zoning; Adding and Amending Various Chapters and Sections That: Updates Chapter 17.02 Title and Definitions Adding New Definitions and Deleting Outdated Definitions; Amends Chapter 17.06 Zones and Zoning Map by Amending the R-1 Zone Title; Amends Chapter 17.08 R-1 Zone Adding Two-Dwelling Unit Development for Single Family Zoned Properties and Various Miscellaneous Amendments; Amends Chapter 17.50 Miscellaneous Regulations by Adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as Deleting Outdated Requirements and Acknowledge that the Code Amendment is Statutorily Exempt from the California Environmental Quality Act (CEQA). (City Planner) Staff recommends the City Council consider introducing 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.
Hearing opened.
No public testimony received.
Hearing closed.
Motion to waive first reading of the Ordinance and approve the introduction of the Ordinance.
Motion MPT Reyes Second CM Murillo Vote 4-1 (CM Tarver voted No.)
5. DISCUSSION ITEM(S)
A. Police Chief’s Advisory Panel
4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of April 09, 2024 (Minutes of the Regular Meeting(s) of April 09, 2024.) Arvin City Council Meeting Agenda – April 09, 2024
B. Arvin Power Company
6. CITY MANAGER’S REPORT
7. COUNCIL MEMBER COMMENTS
8. CLOSED SESSION ITEM(S)
A. 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.
B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): four cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) D. Conference with Labor Negotiators (Government Code §54957.6) Title: City Manager
CLOSED SESSION REPORT BY CITY ATTORNEY:
8A. The City Council discussed item 8A. The proposed Memorandum of Understanding (MOU) has been given to the Arvin Police Officers Association (APOA) and the City is waiting on a response. No reportable action concerning the Central California Association of Public Employees SEIU Local 521 (SEIU).
8B. There were 4 potential litigation cases discussed in closed session.
Case 1: The City Council provided direction to the City Attorney.
Case 2: No reportable action.
Case 3: The City Council provided direction to the City Manager.
Case 4: No reportable action.
8C. No reportable action after a report was provided by the City Manager. 8D. The City Council with a vote of 5-0 unanimously decided to allow the current contract to continue with no further amendments. The City Council directed the City Clerk to place the City Manager’s evaluation on the next agenda as a closed session item.
9. ADJOURNED @ 10:11 PM
Respectfully submitted,
Cecilia Vela, City Clerk
4.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of April 09, 2024 (Minutes of the Regular Meeting(s) of April 09, 2024.)
4.D.1
Attachment: Request for Letter of Authorization_Used Oil Payment Program FY 24-25_042324 (Used Oil Payment Program (OPP) FY 2024-2025) April 24, 2024
To: CalRecycle
Sent via email to: [email protected]
Aaron Guarnizo, Waste Management Specialist
Kern County Public Works Department
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
Daniel Borreli
MAYOR PRO TEM
Susana Reyes
COUNCIL MEMBERS
Donny Horton
Juan Murillo
Tim Tarver
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
4.D.2
Attachment: City of Arvin Authorization Letter__Used Oil Payment Program FY 24-25_042324 (Used Oil Payment Program (OPP) FY 2024-2025)
CITY OF ARVIN
Staff Report
Meeting Date: April 23
rd
, 2024
TO: Arvin City Council
FROM: Oscar Fuentes, P.E.; City Engineer
SUBJECT: Consideration and Approval of a Resolution of the City Council of the City of Arvin Ordering the City Engineer to File A Report With Regard to the Landscape and Lighting Maintenance District No. 1 for the 2024-2025 Fiscal Year.
BACKGROUND:
The City of Arvin maintains various landscapes, lighting and drainage improvements within the boundaries of Landscape and Lighting Maintenance District #1. Pursuant with the Landscaping and Lighting Act of 1972, a report of the improvements and the proposed special assessments must be prepared annually for review by the Council and the public so that annual assessments can be made. The first step in the process is for the City Council to initiate proceedings and to direct the City Engineer to prepare an updated report.
Currently, there are no substantial changes to the limits of the district, and no annexations are proposed.
FINANCIAL IMPACT:
The funds from the Maintenance District will be collected by the Kern County Assessor’s Office and disbursed to the City as a special assessment. When collected, these assessments will go into a fund that shall be used to pay for the maintenance and operation of the lighting, landscaping, walls, drainage, and administration of the district. As provided by the Landscaping and Lighting Act of 1972, a reassessment may provide for additional funds to be collected based on the Consumer Price Index of Los Angeles / Anaheim / Riverside for 2023. Said assessment may be for an amount of up to a 3.4% increase from the previous fiscal year assessment.
RECOMMENDATION:
Staff recommend that the City Council approve a resolution which initiates the above-described actions.
ATTACHMENTS:
Resolution
4.E.1
Attachment: Staff Report - LLMD #1 Initiate Proceedings FY2024-2025_042324 (Order City Engineer to file report for LLMD #1 for FY 24-25)
Reso Ordering Engineering Report for LLMD No. 1 FY 2024 - 2025 RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
ORDERING THE CITY ENGINEER TO FILE A REPORT WITH REGARD TO THE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR THE 2024-2025 FISCAL YEAR.
WHEREAS, the City of Arvin is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Landscaping and Lighting Act of 1972 requires the review of annual assessment of existing Districts; and
WHEREAS, Landscape and Lighting Maintenance District No. 1 has been formed pursuant to the Landscaping and Lighting Act of 1972, and has been brought into compliance with Proposition 218; and
WHEREAS, the City Council of the City of Arvin desires that assessments be levied and collected in said assessment districts for the 2024-2025 fiscal year in accordance with Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highways Code of the State of California; and
WHEREAS, the City Council wishes to secure an engineer’s report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arvin as follows:
Section 1. There are no proposed new improvements or any substantial changes in existing improvements for Landscape and Lighting Maintenance District No. 1. The City Engineer is hereby ordered to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California for fiscal year 2022-2023 Landscape and Lighting Maintenance District No. 1 assessments.
Section 2. This Resolution shall take effect immediately. //////
//////
//////
//////
//////
4.E.2
Attachment: Resolution - LLMD #1 Initiate Proceedings FY2024-2025_042324 (Order City Engineer to file report for LLMD #1 for FY 24-25)
Reso Ordering Engineering Report for LLMD No. 1 FY 2024 - 2025 I HEREBY CERTIFY that the foregoing resolution was duly passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 23 rd day of April 2024
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
DANIEL BORRELI, Mayor
APPROVED AS TO FORM
By:
NATHAN HODGES, City Attorney
Hodges Law Group, LLP
I, ___________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City on the date and by the vote indicated herein.
4.E.2
Attachment: Resolution - LLMD #1 Initiate Proceedings FY2024-2025_042324 (Order City Engineer to file report for LLMD #1 for FY 24-25)
CITY OF ARVIN
Staff Report
Meeting Date: April 23
rd
, 2024
TO: Arvin City Council
FROM: Oscar Fuentes, P.E.; City Engineer
SUBJECT: Consideration and Approval of A Resolution of the City Council of the City of Arvin And Ordering the City Engineer to File A Report With Regard to the Landscape And Lighting Maintenance District No. 2 for the 2024-2025 Fiscal Year.
BACKGROUND:
The City of Arvin maintains various landscape, lighting, and drainage improvements within the boundaries of Landscape and Lighting Maintenance District #2. Pursuant with the Landscaping and Lighting Act of 1972, a report of the improvements and the proposed special assessments must be prepared annually for review by the Council and the public so that annual assessments can be made. The first step in the process is for the City Council to initiate proceedings and to direct the City Engineer to prepare an updated report.
Currently, there is no change to the limits of the district.
FINANCIAL IMPACT:
The funds from the Maintenance District will be collected by the Kern County Assessor’s Office and disbursed to the City as a special assessment. When collected, these assessments will go into a fund that shall be used to pay for the maintenance and operation of the lighting, landscaping, walls, drainage, and administration of the district. As provided for by the Landscaping and Lighting Act of 1972, a reassessment may provide for additional funds to be collected based on the Consumer Price Index of Los Angeles / Anaheim / Riverside for 2021. Said assessment may be for an amount of up to a 3.4% increase from the previous fiscal year assessment.
RECOMMENDATION:
Staff recommend that the City Council approve a resolution which initiates the above-described actions.
ATTACHMENTS:
Resolution
4.F.1
Attachment: Staff Report - LLMD #2 Initiate Proceedings FY2024-2025_042324 (Order City Engineer to file report for LLMD #2 for FY 24-25)
Reso Ordering Engineering Report for LLMD No. 2 FY 2024 - 2025 RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
ORDERING THE CITY ENGINEER TO FILE A REPORT WITH REGARD TO THE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 2 FOR THE 2024-2025 FISCAL YEAR
WHEREAS, the City of Arvin is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Landscaping and Lighting Act of 1972 requires the review of annual assessment of existing Districts; and
WHEREAS, Landscape and Lighting Maintenance District No. 2 has been formed pursuant to the Landscaping and Lighting Act of 1972, and has been brought into compliance with Proposition 218; and
WHEREAS, the City Council of the City of Arvin desires that assessments be levied and collected in said assessment districts for the 2024-2025 fiscal year in accordance with Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highways Code of the State of California; and
WHEREAS, the City Council wishes to secure an engineer’s report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arvin as follows:
Section 1. There are new improvements and changes in existing improvements for Landscape and Lighting Maintenance District No. 2. The City Engineer is hereby ordered to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code of the State of California for fiscal year 2024-2025 Landscape and Lighting Maintenance District No. 2 assessments.
Section 2. This Resolution shall take effect immediately. //////
//////
//////
//////
//////
//////
4.F.2
Attachment: Resolution - LLMD #2 Initiate Proceedings FY2024-2025_042324 (Order City Engineer to file report for LLMD #2 for FY 24-25)
Reso Ordering Engineering Report for LLMD No. 2 FY 2024 - 2025 I HEREBY CERTIFY that the foregoing resolution was duly passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 23rd day of April 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
DANIEL BORRELI, Mayor
APPROVED AS TO FORM
By:
NATHAN HODGES, City Attorney
Hodges Law Group, LLP
I, ___________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City on the date and by the vote indicated herein.
4.F.2
Attachment: Resolution - LLMD #2 Initiate Proceedings FY2024-2025_042324 (Order City Engineer to file report for LLMD #2 for FY 24-25)
Staff Report re Amend No. 1 to Agmt No. 2024-07 – Harbor Plumbing – DiGiorgio Park Restroom Project.
CITY OF ARVIN
Staff Report
Meeting Date: April 23, 2024
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of Amendment No. 1 to Agreement No. 2024-07 Public Works Agreement by and between City of Arvin and Harbor Plumbing Company – DiGiorgio Park Restroom Restoration Project.
BACKGROUND:
The City Council previously approved a public works agreement with Harbor Plumbing Company (Contractor) for restoration of the DiGiorgio Park restrooms at their meeting of January 23, 2024. The project involves restoration of the park restrooms including replumbing water and sewage lines above ground, placing restroom fixtures such as toilets, urinals, sinks, and lavatory fixtures.
The plumber’s (contractor’s) insurance agency has made a request to the City to waive the builders risk insurance and the pollution liability insurance because although they may be required of a general contractor, they are not typically required for plumbers. The insurance agent indicates that the insurance industry does not see the builder’s risk requirement applicable to a C-36 plumbing contractor, as they are not a general contractor that perform services as such.
The general liability insurance policy insures the plumbing company and the City of Arvin is placed as an additional insured for bodily injury, property damage, and product liability. This satisfies items 1, 2, 3 & 4 of Section 5.1 (e) of the Agreement (if the plumber’s actions cause property damage); Items 5 & 7 is for property in possession of the plumber and this responsibility falls on the plumber and his insurance until the items are installed at the City’s locations. Builder’s risk policy only covers the uninstalled parts while they are at the construction site. The regular general liability policy covers the plumber’s work; Item 6 is called Inland Marine, not Ocean Marine coverage and it provides coverage for the plumber’s tools and equipment on site, not the City’s tools and equipment.
The insurance agent’s underwriters also confirmed that the insureds general liability policy suffice the requirements of the City and have indicated that anymore would be stacking limits and limits with no insurable interest. Builder’s risk insurance is a type of specialized property insurance that provides temporary coverage and protects buildings and structures under construction or undergoing renovation from physical loss or damage.
The insurance requirements of the City’s Public Works Agreement template are tailored to general contractors and for larger type of construction projects such as road or building
4.G.1
Attachment: Staff Report Amend No. 1 to Agmt with Harbor Plumbing re DiGiorgio Park Restroom Restoration Project_042324 (Amend No. 1 to
Staff Report re Amend No. 1 to Agmt No. 2024-07 – Harbor Plumbing – DiGiorgio Park Restroom Project. reconstruction and not required for plumbing projects such as this one for restoration of park restrooms. Therefore, staff agrees to remove subsections (e) Builder’s Risk Insurance and (f) Pollution Liability Insurance of section 5.1 of Article 5. Insurance, Indemnification and Bonds of Agreement No. 2024-07.
STAFF RECOMMENDATION:
Staff recommends approval of Amendment No. 1 to Agreement No. 2024-07 Public Works Agreement by and between City of Arvin and Harbor Plumbing Company – DiGiorgio Park Restroom Restoration Project.
FINANCIAL IMPACT:
None.
ATTACHMENTS:
Amendment No. 1 to Agreement No. 2024-07 Public Works Agreement by and between City of Arvin and Harbor Plumbing Company – DiGiorgio Park Restroom Restoration Project.
4.G.1
Attachment: Staff Report Amend No. 1 to Agmt with Harbor Plumbing re DiGiorgio Park Restroom Restoration Project_042324 (Amend No. 1 to
Amend No. 1 to PW Agmt No. 2024-07 – Harbor Plumbing – DiGiorgio Park Restroom Project AGREEMENT NO. _________
AMENDMENT NO. 1 TO AGREEMENT NO. 2024-07 PUBLIC WORKS AGREEMENT BY AND BETWEEN CITY OF ARVIN AND HARBOR PLUMBING COMPANY – DIGIORGIO PARK RESTROOM RESTORATION PROJECT.
This AMENDMENT NO. 1 to Agreement No. 2024-07 PUBLIC WORKS AGREEMENT (“Agreement”), entered into this ________ day of __________________, 2024 by and between the CITY OF ARVIN, a California municipal corporation (“CITY”), and HABOR PLUMBING COMPANY, a corporation (“Contractor”), forms part of the Agreement and shall be incorporated therein by reference.
The Parties hereby mutually agree to amend the Agreement to remove the following subsections (e) and (f) to Section 5.1 of Article 5. Insurance, Indemnification and Bonds of the Original Agreement (Agreement No. 2024-07):
Article 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
(e) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions.
The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sublimits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area.
(f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
Except as set forth in this Amendment, all other terms and conditions of the Agreement remain unchanged and shall continue in full force and effect.
This Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document. [Signature Page Follows]
4.G.2
Attachment: Amend 1 to PW Agmt 2024-07 with Harbor Plumbing re DiGiorgio Park Restroom Project_042324 (Amend No. 1 to PW Agreement
Amend No. 1 to PW Agmt No. 2024-07 – Harbor Plumbing – DiGiorgio Park Restroom Project IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF ARVIN, a municipal corporation
Jeff Jones, City Manager
ATTEST:
Cecilia Vela, City Clerk
APPROVED AS TO FORM:
HODGES LAW GROUP, LLP
Nathan Hodges, City Attorney
CONTRACTOR:
HARBOR PLUMBING COMPANY
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES
OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
4.G.2
Attachment: Amend 1 to PW Agmt 2024-07 with Harbor Plumbing re DiGiorgio Park Restroom Project_042324 (Amend No. 1 to PW Agreement
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF KERN
On _____________________________, 2024 before me, ______________________________________________, personally appeared __________________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
4.G.2
Attachment: Amend 1 to PW Agmt 2024-07 with Harbor Plumbing re DiGiorgio Park Restroom Project_042324 (Amend No. 1 to PW Agreement
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF KERN
On _____________________________, 2024 before me, ______________________________________________, personally appeared __________________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
4.G.2
Attachment: Amend 1 to PW Agmt 2024-07 with Harbor Plumbing re DiGiorgio Park Restroom Project_042324 (Amend No. 1 to PW Agreement
Staff Report re Amend No. 1 to Agmt No. 2024-08 – Harbor Plumbing – Smothermon Park Restroom Project.
CITY OF ARVIN
Staff Report
Meeting Date: April 23, 2024
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of Amendment No. 1 to Agreement No. 2024-08 Public Works Agreement by and between City of Arvin and Harbor Plumbing Company – Smothermon Park Restroom Restoration Project.
BACKGROUND:
The City Council previously approved a public works agreement with Harbor Plumbing Company (Contractor) for restoration of the Smothermon Park restrooms at their meeting of January 23, 2024. The project involves restoration of the park restrooms including replumbing water and sewage lines above ground, placing restroom fixtures such as toilets, urinals, sinks, and lavatory fixtures.
The plumber’s (contractor’s) insurance agency has made a request to the City to waive the builders risk insurance and the pollution liability insurance because although they may be required of a general contractor, they are not typically required for plumbers. The insurance agent indicates that the insurance industry does not see the builder’s risk requirement applicable to a C-36 plumbing contractor, as they are not a general contractor that perform services as such.
The general liability insurance policy insures the plumbing company and the City of Arvin is placed as an additional insured for bodily injury, property damage, and product liability. This satisfies items 1, 2, 3 & 4 of Section 5.1 (e) of the Agreement (if the plumber’s actions cause property damage); Items 5 & 7 is for property in possession of the plumber and this responsibility falls on the plumber and his insurance until the items are installed at the City’s locations. Builder’s risk policy only covers the uninstalled parts while they are at the construction site. The regular general liability policy covers the plumber’s work; Item 6 is called Inland Marine, not Ocean Marine coverage and it provides coverage for the plumber’s tools and equipment on site, not the City’s tools and equipment.
The insurance agent’s underwriters also confirmed that the insureds general liability policy suffice the requirements of the City and have indicated that anymore would be stacking limits and limits with no insurable interest. Builder’s risk insurance is a type of specialized property insurance that provides temporary coverage and protects buildings and structures under construction or undergoing renovation from physical loss or damage.
The insurance requirements of the City’s Public Works Agreement template are tailored to general contractors and for larger type of construction projects such as road or building
4.H.1
Attachment: Staff Report Amend No. 1 to Agmt with Harbor Plumbing re Smothermon Park Restroom Restoration Project_042324 (Amend No. 1
Staff Report re Amend No. 1 to Agmt No. 2024-08 – Harbor Plumbing – Smothermon Park Restroom Project. reconstruction and not required for plumbing projects such as this one for restoration of park restrooms. Therefore, staff agrees to remove subsections (e) Builder’s Risk Insurance and (f) Pollution Liability Insurance of section 5.1 of Article 5. Insurance, Indemnification and Bonds of Agreement No. 2024-08.
STAFF RECOMMENDATION:
Staff recommends approval of Amendment No. 1 to Agreement No. 2024-08 Public Works Agreement by and between City of Arvin and Harbor Plumbing Company – Smothermon Park Restroom Restoration Project.
FINANCIAL IMPACT:
None.
ATTACHMENTS:
Amendment No. 1 to Agreement No. 2024-08 Public Works Agreement by and between City of Arvin and Harbor Plumbing Company – Smothermon Park Restroom Restoration Project.
4.H.1
Attachment: Staff Report Amend No. 1 to Agmt with Harbor Plumbing re Smothermon Park Restroom Restoration Project_042324 (Amend No. 1
Amend No. 1 to PW Agmt No. 2024-08 – Harbor Plumbing – Smothermon Park Restroom Project AGREEMENT NO. _________
AMENDMENT NO. 1 TO AGREEMENT NO. 2024-08 PUBLIC WORKS AGREEMENT BY AND BETWEEN CITY OF ARVIN AND HARBOR PLUMBING COMPANY – SMOTHERMON PARK RESTROOM RESTORATION PROJECT.
This AMENDMENT NO. 1 to Agreement No. 2024-08 PUBLIC WORKS AGREEMENT (“Agreement”), entered into this ________ day of __________________, 2024 by and between the CITY OF ARVIN, a California municipal corporation (“CITY”), and HABOR PLUMBING COMPANY, a corporation (“Contractor”), forms part of the Agreement and shall be incorporated therein by reference.
The Parties hereby mutually agree to amend the Agreement to remove the following subsections (e) and (f) to Section 5.1 of Article 5. Insurance, Indemnification and Bonds of the Original Agreement (Agreement No. 2024-08):
Article 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
(e) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions.
The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sublimits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area.
(f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
Except as set forth in this Amendment, all other terms and conditions of the Agreement remain unchanged and shall continue in full force and effect.
This Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document. [Signature Page Follows]
4.H.2
Attachment: Amend 1 to PW Agmt 2024-08 with Harbor Plumbing re Smothermon Park Restroom Project_042324 (Amend No. 1 to PW
Amend No. 1 to PW Agmt No. 2024-08 – Harbor Plumbing – Smothermon Park Restroom Project IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF ARVIN, a municipal corporation
Jeff Jones, City Manager
ATTEST:
Cecilia Vela, City Clerk
APPROVED AS TO FORM:
HODGES LAW GROUP, LLP
Nathan Hodges, City Attorney
CONTRACTOR:
HARBOR PLUMBING COMPANY
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES
OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
4.H.2
Attachment: Amend 1 to PW Agmt 2024-08 with Harbor Plumbing re Smothermon Park Restroom Project_042324 (Amend No. 1 to PW
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF KERN
On _____________________________, 2024 before me, ______________________________________________, personally appeared __________________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
4.H.2
Attachment: Amend 1 to PW Agmt 2024-08 with Harbor Plumbing re Smothermon Park Restroom Project_042324 (Amend No. 1 to PW
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF KERN
On _____________________________, 2024 before me, ______________________________________________, personally appeared __________________________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
4.H.2
Attachment: Amend 1 to PW Agmt 2024-08 with Harbor Plumbing re Smothermon Park Restroom Project_042324 (Amend No. 1 to PW [April 23, 2024
The Honorable Pete Buttigieg, Secretary
U.S. Department of Transportation
1200 New Jersey Avenue, SE
Washington, DC 20590
RE: Kern Council of Governments’ Completing the Southbound (SB) State Route 99 to Westbound (WB) State Route 58 National Freight Network Interchange to Protect Local Neighborhoods (Project)
Honorable Secretary Buttigieg:
The City of Arvin supports the application of Kern Council of Governments (Kern COG) to the United States Department of Transportation’s Multimodal Project Discretionary Grant (MPDG) Program Opportunity for Fiscal Year 2025-2026.
This Project completes the interchange by adding the missing freeway-to-freeway ramp allowing over-the-road freight to transition from southbound SR 99 to westbound SR 58, connecting them to western Kern County and Interstate 5. Trucks traveling through these two corridors make up 22% of total vehicles. Route 58 is the busiest east-west truck route in the San Joaquin Valley. Regionally, this interchange serves multi-modal transportation facilities (air and rail), and distribution centers. The Project is critical to the safety and efficiency of the system, benefits the region’s economic strength, and increases the region’s global competitiveness.
Kern COG continues to diligently work to improve air quality and to reduce greenhouse gas emissions from transportation in Kern County on an interchange that serves goods movement in central California. The Project is in a historically disadvantaged community whose residents and businesses will benefit from improving air quality, safety, and traffic flow.
Funding this project at this time capitalizes on work already underway at the interchange.
Kern COG and Caltrans recently received a California Trade Corridor Enhancement Program grant to complete engineering and design work and right-of-way acquisitions.
Construction will start in 2026. An INFRA grant will fund 60% of the construction of this interchange, significant to the national freight movement.
I assure you that this Project in Kern County is valued by our community. I request that you fund this Project with 2025 INFRA funding. Thank you for your consideration.
Sincerely,
Jeff Jones
City Manager for the City of Arvin
MAYOR
Daniel Borreli
MAYOR PRO TEM
Susana Reyes
COUNCIL MEMBERS
Donny Horton
Juan Murillo
Tim Tarver
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
4.I.1
Attachment: Letter of Support for Kern COG MPDG Program 04.23.24 (Approval of a Letter of Support for KernCOG's Submittal to the USDOT)
CITY OF ARVIN
Staff Report
Meeting Date: April 23rd, 2024
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Chris Soriano, City Planner
Jeff Jones, City Manager
SUBJECT: Approval of Submittal of An Application for the Department of Housing and Community Development’s Prohousing Designation Program; and Approval of A Resolution of the City Council of the City of Arvin Authorizing an Application to and Participation in the Prohousing Designation Program.
BACKGROUND:
The City of Arvin faces significant challenges in housing affordability and availability, prompting its pursuit of the Prohousing Designation Program. This state initiative recognizes cities that demonstrate a commitment to proactive housing policies, granting them access to exclusive grants and other funding opportunities for housing development.
By achieving the Prohousing Designation, Arvin aims to address its affordable housing shortage and gain a competitive advantage in securing financial resources essential for housing development. The designation would serve as an advancement in Arvin’s capacity to offer diverse and affordable housing solutions, ensuring a more equitable future for its residents.
STAFF RECOMMENDATION:
Staff recommends approval for application submission.
FINANCIAL IMPACT:
None.
ATTACHMENTS:
A Resolution of the City Council of the City of Arvin Authorizing an Application to and Participation in the Prohousing Designation Program.
4.J.1
Attachment: Staff Report Prohousing (Reso Authorizing an Application to the Prohousing Designation Program) RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
AUTHORIZING AN APPLICATION TO AND PARTICIPATION IN THE
PROHOUSING DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive Applications for specified housing and infrastructure funding; and
WHEREAS, the California Department of Housing and Community Development (“Department”) has adopted regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City of Arvin (“Applicant”) desires to submit an Application for a Prohousing Designation (“Application”).
THEREFORE,IT IS RESOLVED THAT:
1. Applicant is hereby authorized and directed to submit an Application to the Department.
2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.
3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that the Prohousing Policies in its Application comply with its duty to Affirmatively Further Fair Housing pursuant to Government Code sections 8899.50 and 65583. Applicant further acknowledges and confirms that its general plan is in alignment with an adopted sustainable communities strategy pursuant to Public Resources Code section 21155- 21155.4.
Applicant further acknowledges and confirms that its policies for the treatment of homeless encampments on public property comply with and will continue to comply with the Constitution and that it has enacted best practices in its jurisdiction that are consistent with the United States Interagency Council on Homelessness’ “7 Principles for Addressing Encampments” (June 17, 2022, update).
4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate
4.J.2
Attachment: 2024 Prohousing Application Resolution (Reso Authorizing an Application to the Prohousing Designation Program) in the Program, and all amendments thereto (the “Program Documents”).
5. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditionsspecified in the Program Documents; the Program Regulations; and any and all other applicable law.
6. The City Manager is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.
PASSED AND ADOPTED this _______ day of , 2024, by the following vote:
AYES: [Insert #] NOES: [Insert #] ABSENT: [Insert #] ABSTAIN: [Insert #] The undersigned, [INSERT NAME AND TITLE OF SIGNATORY] of Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the Applicant’s governing body adopted at a duly convened meeting on the date above-mentioned, and that the resolution has not been altered, amended, or repealed.
SIGNATURE: DATE:
NAME: TITLE:
4.J.2
Attachment: 2024 Prohousing Application Resolution (Reso Authorizing an Application to the Prohousing Designation Program) Staff Report - Urban Lot Splits, 2
nd reading & Adoption, April 23, 2024
CITY OF ARVIN
Staff Report
Meeting Date: April 23, 2024
TO: Arvin City Council
FROM: Chris Soriano, City Planner
Jake Raper, Contract Planner
Jeffery Jones, City Manager / Finance Director
SUBJECT: A Public Hearing to Consider Adoption of An Ordinance of the City Council of the City of Arvin Adopting Code Amendment to Title 16 Subdivisions, Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map – Expiration and Extension; Section 16.04.095 Tentative Parcel Map – Expiration and Extension; Adding Chapter 16.06 Urban Lot Splits; and Acknowledge that the Code Amendment is Statutorily Exempt from the California Environmental Quality Act (CEQA).
BACKGROUND:
The City Council Introduced by title only on April 9, 2024 Ordinance of the City of Arvin, California, Adding Chapter 16.06 Urban Lot Splits; Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map – Expiration and Extension; Section 16.04.095 Tentative Parcel Map-Expiration and Extension; and acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA). The City Council report and information is on file at the City Clerk's office.
Summary of Title 16 Subdivision Addition and Amendments as required by Senate Bill SB9:
The proposed code amendments will focus on the amendments to the City of Arvin Title 16 Subdivision by adding Chapter 16.06 Urban Lot Splits; amending Chapter 16.04 General Provision; Sections 16.04.090 and 16.04.095 Expirations and Extensions of time to record final or parcel maps.
The proposed ordinance amending Title 16 Subdivision will add Chapter 16.06 Urban Lot Splits; amend Chapter 16.04 General Provision; Section 16.04.090 Tentative Map -Expiration and Extension; Section 16.04.095 Tentative Parcel Map-Expiration and Extension and will acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA). The ordinance amendments will do the following:
• Add Chapter 16.06 Urban Lot Split to Title 16 Subdivision:
The ordinance addition will implement the requirements of SB 9, Government Code 66411.7.
This government code section, GC 66411.7, establishes the statutory requirements that will permit the ministerial approval of urban lot split of a single-family residential zoned property. This chapter includes Sections 16.06.010 – Intent which explains the purpose of SB9 in providing
5.A.1
Attachment: 1-Staff Report Tilte 16 Urban Lot Split_042324 (Public Hearing: Second Reading & Adoption - Ordinance re Urban Lot Splits) Staff Report - Urban Lot Splits, 2
nd reading & Adoption, April 23, 2024
opportunity for additional residential development, Section 16.06.020 Definition for an Urban Lot Split, Section 16.06.030 General Provisions that will apply to all Urban Lot Splits, and Section
16.06.040 Development Standards that implement SB 9.
• Amend Chapter 16.04 General Provision; Sections 16.04.090 and 16.04.095 Time Extensions:
Amending Title 16- Subdivision, Chapter 16.04 General Provisions, Section 16.04.090 Tentative Map – Expiration and Extension and Section 16.04.095 Tentative Parcel Map- Expiration and Extension; will provide additional time for a tentative map that has been either approved or conditionally approved to be recorded and will implement the requirements of the SB 9, Government Code 66452.6. The additional time to record the final map or parcel map is extended from 12 months to 24 months. The code amendments will implement the requirements of SB9, Government Code 66452.6 which extended the time from 12 months to 24 months. Previously, a tentative map period was twelve (12) months in which to record the final map, unless time extensions were either permitted by State Law or by City Approval. The new law now provides a twenty-four (24) month period to file a final map unless time extensions are permitted by State Law or approved by the City. These two sections have been expanded to reflect the Subdivision Map Act permitting time extensions under certain circumstances.
PUBLIC HEARING NOTICE:
The public hearing Notice of Intent to adopt code amendment to Title 16 Subdivisions, Amending Chapter 16.04 general Provision, Section 16.04.090 Tentative Map – Expiration and Extension; Section 16.04.095 Tentative Parcel Map – Expiration and Extension; adding chapter
16.06 Urban Lot Splits; and Acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA) was posted five (5) days prior to the April 27, 2024 hearing as required by Government Code Section 36933.
ENVIRONMENTAL REVIEW AND DETERMINATION:
The preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.
CEQA Does Not Apply: California Environmental Quality Act (CEQA); Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (n)) Because the approval of a qualifying project under SB 9 is deemed a ministerial action, CEQA does not apply to the decision to grant an application for a housing development or a lot split, or both. (Pub. Resources Code, § 21080, subd. (b)(1) [CEQA does not apply to ministerial actions]; CEQA Guidelines, § 15268.) For this reason, a local agency must not require an applicant to perform environmental impact analysis under CEQA for applications made under SB 9. Additionally, if a local agency chooses to adopt a local ordinance to implement SB 9 (instead of implementing the law directly from statute), the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.
5.A.1
Attachment: 1-Staff Report Tilte 16 Urban Lot Split_042324 (Public Hearing: Second Reading & Adoption - Ordinance re Urban Lot Splits) Staff Report - Urban Lot Splits, 2
nd reading & Adoption, April 23, 2024
FISCAL CONSIDERATIONS:
Revenue Reduction: Minor reduction in revenues due to the state's ordinance preventing a local agency from assessing discretionary processing fees. Cost of staff in the preparation of the proposed ordinance and public hearing notices.
RECOMMENDATION – City Council Action:
It is recommended that the City Council approve the 2nd Reading and Adoption of the attached ordinance: An Ordinance Amendments Adding Chapter 16.06 Urban Lot Splits; Amending Chapter
16.04 General Provision, Section 16.04.090 Tentative Map -Expiration and Extension; Amending Section 16.04.095 Tentative Parcel Map-Expiration and Extension; and acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA)”.
END OF REPORT.
Exhibits:
• An Ordinance of the City Council of the City of Arvin, Amending Title 16 Subdivisions, Adding Chapter 16.06 Urban Lot Splits; Amending Chapter 16.04 General Provision, Section
16.04.090 Tentative Map -Expiration and Extension and Section 16.04.095 Tentative Parcel MapExpiration and Extension; and acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA).
Documents on file at City Clerk’s Office:
1. Public Hearing Notice – Posted as required by GC Section 36933.
2. City Council Reports and supporting documents of April 9, 2024.
5.A.1
Attachment: 1-Staff Report Tilte 16 Urban Lot Split_042324 (Public Hearing: Second Reading & Adoption - Ordinance re Urban Lot Splits)
Ordinance Amend Title 16 Subdivisions – Urban Lot Split.
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
ADOPTING CODE AMENDMENT TO TITLE 16 SUBDIVISIONS,
AMENDING CHAPTER 16.04 GENERAL PROVISION, SECTION 16.04.090 TENTATIVE MAP – EXPIRATION AND EXTENSION; SECTION 16.04.095 TENTATIVE PARCEL MAP – EXPIRATION AND EXTENSION; ADDING CHAPTER 16.06 URBAN LOT SPLITS; AND ACKNOWLEDGE THAT
THE CODE AMENDMENT IS STATUTORILY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
WHEREAS, the City Council desires to amend Title 16 Subdivisions by amending Chapter
16.04 General Provision, Section 16.04.090 Tentative Map Expiration and Extension and Section
16.04.095 Tentative Parcel Map – Expiration and Extension adding Chapter 16.06 Urban Lot Splits; and
WHEREAS, on February 20, 2024, at after a duly noticed public hearing, the Planning Commission considered the Proposed Amendments, including presentations from City staff, oral testimony, and written testimony; and
WHEREAS, after the above-mentioned public hearing, the Planning Commission adopted Resolution No. APC 2024-03, which recommended that the City Council adopt this Ordinance; and
WHEREAS, on April 09, 2024, the City Council conducted a duly noticed public hearing regarding this Ordinance, where it received presentations from City staff, oral and written testimony from members of the public; and
WHEREAS, after the above-mentioned City Council public hearing, the City Council now desires to amend Title 16 “Subdivisions” of the Arvin Municipal Code by amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map Expiration and Extension and Section
16.04.095 Tentative Parcel Map – Expiration and Extension; adding Chapter 16.06 Urban Lot Splits; adding Chapter 16.06 Urban Lot Splits.
WHEREAS, on April 09, 2024, the City Council introduced and waived the first reading of Ordinance Amendments Adding Chapter 16.06 Urban Lot Splits; Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map -Expiration and Extension; Amending Section
16.04.095 Tentative Parcel Map-Expiration and Extension; and acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA)”; and WHEREAS, on April 23, 2024, the City Council conducted public hearing and conducted the second reading and adoption of Ordinance Amendments Adding Chapter 16.06 Urban Lot Splits; Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map -Expiration and Extension; Amending Section 16.04.095 Tentative Parcel Map-Expiration and Extension; and Acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA).
5.A.2
Attachment: 2-OrdAmend Title 16 Subdivisions - Urban Lot Split (Public Hearing: Second Reading & Adoption - Ordinance re Urban Lot Splits)
Ordinance Amend Title 16 Subdivisions – Urban Lot Split.
WHEREAS, five-days prior to the April 23, 2024, the City Clerk caused a public notice, Notice By The Arvin City Council Of Its Intent To Adopt An Ordinance, second reading and adoption of an ordinance of the City of Arvin, California, amending Title 16 Subdivisions; and WHEREAS, after the above-mentioned City Council public hearings, the City Council now desires to amend Title 16 Subdivisions, Adding Chapter 16.06 Urban Lot Splits; Amending Chapter 16.04 General Provision, Section 16.04.090 Tentative Map -Expiration and Extension; Amending Section 16.04.095 Tentative Parcel Map-Expiration and Extension is intended to implement the requirements of SB9.
NOW, THEREFORE, the City Council of the City of Arvin does hereby ordain as follows:
Section 1. The Recitals set forth above are true and correct and incorporated herein.
Section 2. The City Council finds and determines that the amendment and addition to Title 16 as contemplated by this Ordinance, the preparation and adoption of the ordinance is not considered a project under CEQA. The preparation and adoption of the ordinance is statutorily exempt from CEQA.
Section 3. The City Council finds and determines that the amendment and addition to Title 16 as contemplated by this Code Amendments are as follows:
Amending Chapter 16.04 General Provisions, Section 16.04.090 Tentative Map – Expiration and Extension as follows:
A person filing a tentative map may request an extension of the tentative map approval or conditional approval by written application to the council; such application to be filed at least thirty (30) days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised.
(Ord. 122 §3.20, 1976).
A. Expiration and Extensions
(1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-ofway that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5
5.A.2
Attachment: 2-OrdAmend Title 16 Subdivisions - Urban Lot Split (Public Hearing: Second Reading & Adoption - Ordinance re Urban Lot Splits)
Ordinance Amend Title 16 Subdivisions – Urban Lot Split. (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency, either the City Planner, Planning Commission or City Council, at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
B. Time Extensions:
(1) The period of time specified in subdivision (A), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence.
However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map.
(3) Once a development moratorium isterminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed.
However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
C. Lawsuits Delay Period of Time: The period of time specified in subdivision (A), including any extension thereof granted pursuant to subdivision (E), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section.
After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The applicant shall submit documentation in written form to the City Council which provides documentation in support of the requested stay. The applicant shall pay all costs in reviewing the request. The City Council, upon receipt of the written request, after review and investigation, may either grant or deny the request of the applicant.
5.A.2
Attachment: 2-OrdAmend Title 16 Subdivisions - Urban Lot Split (Public Hearing: Second Reading & Adoption - Ordinance re Urban Lot Splits)
Ordinance Amend Title 16 Subdivisions – Urban Lot Split.
D. Termination of all proceedings: The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the advisory body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.
E. Maximum Six (6) Year Extension: Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (A) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. Request of an extension must be submitted in writing, filed at least thirty (30) days prior to the expiration date, and submit fees as may be adopted by the City Council from time to time.
F. Moratorium – Additional Time Period: For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
i. The condition was one that, by its nature, necessitated action by the city and the city either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map.
Amending Chapter 16.04 General Provisions, Amending Section 16.04.095 Tentative Parcel Map – Expiration and Extension as follows:
A person filing a tentative parcel map may request an extension of the tentative parcel map approval or conditional approval by written application to the City Planner; such application to be filed at least thirty (30) days before the approval or conditional approval is due to expire.
The application shall state the reasons for requesting the extension. In granting an extension,
5.A.2
Attachment: 2-OrdAmend Title 16 Subdivisions - Urban Lot Split (Public Hearing: Second Reading & Adoption - Ordinance re Urban Lot Splits)
Ordinance Amend Title 16 Subdivisions – Urban Lot Split. new conditions may be imposed, and existing conditions may be revised. (Ord No 2022-480 April 26, 2022)
A. Expiration and Extensions
(1) An approved or conditionally approved tentative parcel map shall expire 24 months after its approval or conditional approval. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) ofChapter 4 of Division 1may be extended forthe period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency, either the City Planner, Planning Commission or City Council, at the time of the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.
The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
B. Time Extension:
(1) The period of time specified in subdivision (A), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence.
However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the
5.A.2
Attachment: 2-OrdAmend Title 16 Subdivisions - Urban Lot Split (Public Hearing: Second Reading & Adoption - Ordinance re Urban Lot Splits)
Ordinance Amend Title 16 Subdivisions – Urban Lot Split. tentative map.
(3) Once a development moratorium isterminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed.
However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
C. Lawsuits Delay Period of Time: The period of time specified in subdivision (A), including any extension thereof granted pursuant to subdivision (E), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The applicant shall submit documentation in written form to the City Council which provides documentation in support of the requested stay. The applicant shall pay all costs in reviewing the request. The City Council, upon receipt of the written request, after review and investigation, may either grant or deny the request of the applicant.
D. Termination of all proceedings: The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the advisory body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.
E. Maximum Six (6) Year Extension: Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (A) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdividerto extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occursfirst. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. Request of an extension must be submitted in writing, filed at least thirty (30) days prior to the expiration date, and submit fees as may be adopted by the City Council from time to time.
Moratorium – Additional Time Period: For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land,
5.A.2
Attachment: 2-OrdAmend Title 16 Subdivisions - Urban Lot Split (Public Hearing: Second Reading & Adoption - Ordinance re Urban Lot Splits)
Ordinance Amend Title 16 Subdivisions – Urban Lot Split. including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
i. The condition was one that, by its nature, necessitated action by the city and the city either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map.
Adding Chapter 16.06 –Urban Lot Splits
16.06.010 Intent. The purpose of this section is to implement the urban lot split provisions of Government Code Section 66411.7 and to provide property owners with an expedited process to split parcels within the urbanized areas of the City,so that the resulting two lots may be developed for residential uses and add to the housing stock. It is intended to regulate such land divisions to ensure that they do not significantly impact adjacent properties and do not diminish neighborhood character. This section and all other provisions of this Code are intended to be consistent with, and shall be interpreted in a manner consistent with, state law including, but not limited to, Government Code sections 65852.21 and 66411.7, as those laws may be amended from time to time. If any provision of this Code is in conflict with state law, then those provisions shall be void to the limited extent necessary to avoid the conflict, and state law shall apply.
16.06.020 Definition of Urban Lot Split. “Urban Lot Split” shall mean an urban lot split subject to ministerial approval pursuant to Government Code section 66411.7.
16.06.030 General Provisions. All urban lot splits shall comply with all of the following provisions:
1. A parcel may only be subdivided through an urban lot split one time to create two new parcels; the resulting parcels may not be further subdivided. Future property owners shall be informed of this restriction through a recorded deed notice approved by the City.
2. The parcel for which an urban lotsplit is proposed shall meet all of the following criteria:
a. The parcel is an existing legal lot.
b. The parcel was not established through a prior urban lot split. c. The parcel is in a single-family residential zone.
d. The parcel is a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United State Census Bureau. e. The parcel does not contain prime farmland or farmland of statewide importance as designated on maps prepared by the California Department of Conservation and is not zoned or designated for agricultural protection or preservation by a local ballot measure.
f. The parcel does not contain wetlands, as defined in the United States Fish
5.A.2
Attachment: 2-OrdAmend Title 16 Subdivisions - Urban Lot Split (Public Hearing: Second Reading & Adoption - Ordinance re Urban Lot Splits)
Ordinance Amend Title 16 Subdivisions – Urban Lot Split. and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). g. The parcel is not located within a historic district, nor is the parcel or any resources thereon listed or designated as historic by the City, state, or federal government.
h. The parcel is not in a high or very high fire hazard severity zone as determined by the California Department of Forestry and Fire Protection unless the parcel will comply with fire hazard mitigation measures adopted pursuant to existing building standards or state fire mitigation measures applicable to the development.
i. The parcel is not part of a hazardous waste site listed pursuant to Government Code § 65962.5 or designated by the Department of Toxic Substances Control pursuant to Health & Safety Code § 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
j. The parcel is not within a special flood hazard area or regulatory floodway on any official maps published by the Federal Emergency Management Agency unless the parcel satisfies all applicable federal criteria in Government Code § 65913.4(a)(6)(G) and (H).
k. The parcel is not identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Fish and Game Code § 2800 et seq.), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan, or under a conservation easement; does not contain habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act (Fish and Game Code § 2050 etseq.), or the Native Plant Protection Act (Fish and Game Code § 1900 et seq.); and is not subject to a conservation easement.
l. The proposed urban lot split would not require the demolition or alteration of any of the following types of housing as substantiated by an affidavit from the property owner(s):
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of moderate, low, or very low income.
ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
iii. Housing that has been occupied by a tenant in the last three years before the application to subdivide is submitted.
iv. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code § 7060 et seq. (eviction) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
m. Neither the owner of the parcel being subdivided nor any person acting in concert
5.A.2
Attachment: 2-OrdAmend Title 16 Subdivisions - Urban Lot Split (Public Hearing: Second Reading & Adoption - Ordinance re Urban Lot Splits)
Ordinance Amend Title 16 Subdivisions – Urban Lot Split. with the owner has previously subdivided an adjacent parcel using an urban lot split. Future property owners shall be informed of this restriction through a recorded deed notice approved by the City.
3. Ministerial parcel map applications to establish an urban lot split shall be reviewed by all applicable City departments and other public agencies for conformance with applicable standards, including but not limited to the Subdivision Map Act, Government Code § 66410 et seq. without public hearing or discretionary review.
4. No off-site improvements or right-of-way dedications shall be required for an urban lot split. Easements granting access to the public right-of way or for public utilities and services may be required. In accordance with GC Section 66411.1 provide compliance in which the Urban Lot Split may be conditioned to dedicate required right-of-way and fulfillment of the construction requirements.
5. Parcels created using an urban lot split shall be restricted to residential uses. Future property owners shall be informed of this restriction through a recorded deed notice approved by the City.
6. At least one owner of the property that is the subject of an application for an urban lot split shall sign an affidavit stating that the owner shall occupy one of the housing units as their principal residence for a minimum of three (3) years from the date the urban lot split is approved. This requirement does not apply to property owned by a “community land trust” as defined in Revenue & Taxation Code § 402.1(a)(11)(C)(ii) or a “qualified nonprofit corporation” as described in Revenue & Taxation Code
§ 214.15.
7. Each resulting parcel shall demonstrate adequate access to a potable water supply and connection to sanitary sewer.
8. Notwithstanding any other provision in this Code, a proposed urban lot split may be denied if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, on public health and safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
9. Any residential unit on a parcel created using an urban lot split shall not be rented for terms shorter than 30-days. Future property owners shall be informed of this restriction through a recorded deed notice approved by the City.
Section16.06.040 Development Standards. All urban lot splits are required to comply with all of the following provisions:
1. The two resulting parcels shall be of approximately equal lot area and the smaller of the two shall be at least 40 percent of the lot area of the original parcel.
2. Both newly created parcels shall be no smaller than 1,200 square feet.
3. Both parcels shall abut a City-maintained Road or have legal access from private road(s) or easements.
5.A.2
Attachment: 2-OrdAmend Title 16 Subdivisions - Urban Lot Split (Public Hearing: Second Reading & Adoption - Ordinance re Urban Lot Splits)
Ordinance Amend Title 16 Subdivisions – Urban Lot Split.
4. Both parcels shall have a minimum road frontage of 50 feet. If that much frontage is not available, one lot shall be configured as a flag lot with a minimum 15-foot-wide access lane from the road. The access lane shall be part of the rear lot and shall be adjacent to an interior property line.
a. If the resulting parcels would have a depth-to-width ratio greater than 3-to-1, a flag lot orientation is allowed regardless of available road frontage.
b. Driveway access to all new units shall be compliant with City standard details and specifications for driveways and turnarounds.
Section 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
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. Within fifteen (15) calendar days after its adoption, the Ordinance or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
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5.A.2
Attachment: 2-OrdAmend Title 16 Subdivisions - Urban Lot Split (Public Hearing: Second Reading & Adoption - Ordinance re Urban Lot Splits)
Ordinance Amend Title 16 Subdivisions – Urban Lot Split.
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 09th day of April 2024, and adopted the Ordinance after the second reading at a regular meeting held on the 23rd day of April 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
DANIEL BORRELI, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
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.
5.A.2
Attachment: 2-OrdAmend Title 16 Subdivisions - Urban Lot Split (Public Hearing: Second Reading & Adoption - Ordinance re Urban Lot Splits)
NOTICE BY THE ARVIN CITY COUNCIL
OF ITS INTENT TO ADOPT AN ORDINANCE
NOTICE IS HEREBY GIVEN that on April 23, 2024, at 6:00 pm, or as soon after as the matter may be heard, the City Council of the City of Arvin intends to adopt an Ordinance, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN ADOPTING CODE AMENDMENT TO TITLE 16 SUBDIVISIONS, AMENDING CHAPTER 16.04 GENERAL PROVISION, SECTION 16.04.090 TENTATIVE MAP – EXPIRATION AND EXTENSION; SECTION 16.04.095 TENTATIVE PARCEL MAP – EXPIRATION AND EXTENSION; ADDING CHAPTER 16.06 URBAN LOT SPLITS; AND
ACKNOWLEDGE THAT THE CODE AMENDMENT IS STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
The City shall hold its second public hearing at 6:00 p.m. on Tuesday, April 23, 2024, at the Council Chambers, 200 Campus Drive, Arvin CA 93203 regarding the adoption of the Ordinance.
Summary of Title 16 Subdivision Addition and Amendments as required by Senate Bill SB9: The proposed code amendments will focus on the amendments to the City of Arvin Title 16 Subdivision by adding Chapter
16.06 Urban Lot Splits and amending Sections 16.04.090 and 16.04.095 Expiration and Extensions of tentative maps.
Add Chapter 16.06 Urban Lot Split to Title 16 Subdivision. The ordinance addition will implement the requirements of SB 9, Government Code 66411.7. This government code section, GC 66411.7, establishes the statutory requirements that will permit the ministerial approval of urban lot split of a single-family residential zoned property. This chapter includes Sections 16.06.010 – Intent which explains the purpose of SB9 in providing opportunity for additional residential development, Section 16.06.020 Definition for an Urban Lot Split, Section
16.06.030 General Provisions that will apply to all Urban Lot Splits, and Section 16.06.040 Development Standards that implement SB 9.
Amending Sections 16.04.090 and 16.04.095 Time Extensions:
Amending Title 16- Subdivision, Chapter 16.04 General Provisions, Section 16.04.090 Tentative Map – Expiration and Extension and Section 16.04.095 Tentative Parcel Map- Expiration and Extension; will provide additional time for a tentative map that has been either approved or conditionally approved to be recorded and will implement the requirements of the SB 9, Government Code 66452.6. The additional time to record the final map or parcel map is extended from 12 months to 24 months. The code amendments will implement the requirements of SB9, Government Code 66452.6 which extended the time from 12 months to 24 months.
Previously, a tentative map period was twelve (12) months in which to record the final map, unless time extensions were either permitted by State Law or by City Approval. The new law now provides a twenty-four (24) month period to file a final map or record a Parcel Map unless time extensions are permitted by State Law or approved by the City. These two sections have been expanded to reflect the Subdivision.
The Summary Ordinance is posted in compliance with Government Code Section 36933, at least five (5) days prior to the public hearing of April 23, 2024. A copy of the full text of the Ordinance is available for review in the Office of the City Clerk, City of Arvin, 200 Campus Drive, Arvin, CA 93203. A copy is also available on the City’s website at www.arvin.org. Anyone having questions may contact the City Clerk at (661) 854-3134. /s/
Cecilia Vela, City Clerk
City of Arvin
Posted: April 11, 2024
5.A.3
Attachment: PHN - Notice of Intent to Adopt Ordinance re Urban Lot Splits_POSTED April 11, 2024 (Public Hearing: Second Reading & Staff Report – ZCA 2023-05 - Two Unit and Misc. Code Amendments, 2 nd Reading & Adoption, April 23, 2024
CITY OF ARVIN
Staff Report
Meeting Date: April 23, 2024
TO: Arvin City Council
FROM: Chris Soriano, City Planner
Jake Raper, Contract Planner
Jeffery Jones, City Manager / Finance Director
SUBJECT: A Public Hearing to Consider Adoption of An Ordinance of the City Council of the City of Arvin Adopting ZCA 2023-05 – Title 17 Zoning; Adding and Amending Various Chapters and Sections That: Updates Chapter 17.02 Title and Definitions Adding New Definitions and Deleting Outdated Definitions; Amends Chapter 17.06 Zones and Zoning Map by Amending the R-1 Zone Title; Amends Chapter 17.08 R-1 Zone Adding Two-Dwelling Unit Development for Single Family Zoned Properties and Various Miscellaneous Amendments; Amends Chapter 17.50 Miscellaneous Regulations by Adding Section 17.50.160 Home Occupations Permits, Section
17.50.170 Cottage Food Operations as well as Deleting Outdated Requirements and Acknowledge that the Code Amendment is Statutorily Exempt from the California Environmental Quality Act (CEQA).
BACKGROUND:
The City Council introduced by title only on April 9, 2024 Ordinance Title 17 Zoning Adding and Amending Various Chapters and Sections That: Updates Chapter 17.02 Title and Definitions adding new definitions and deleting outdated definitions; Amends Chapter 17.06 Zones and Zoning Map by amending the R-1 zone title; Amends Chapter 17.08 R-1 Zone adding TwoDwelling Unit development for single family zoned properties and various misc. amendments; Amends Chapter 17.50 Miscellaneous Regulations by adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as deleting outdated requirements and acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA)”
Summary of Title 17 Zoning Amendments:
SB 9 took effect on January 1, 2022, and will supersede a number of provisions contained within the City’s existing Title 17 Zoning for the R-1 Single Family Residential Zoning districts. The residential zoning districts where the Urban Two-Unit Development apply include: Chapter 17.08 R-1 Single-Family Zone; Chapter 17.16 R-S – Suburban Residential Zone; And Chapter 17.18 Estate Zones that includes the following E-1, E-2, E-3; E-4; and E-5.
The proposed zoning code amendments are intended to implement SB9 and updates and modify various other sections of Title 17 Zoning to meet other state mandates. Exhibit A “Ordinance of the City Council of the City of Arvin Adoption ZCA 2023-05 – Title 17 Zoning Adding and
5.B.1
Attachment: 1-Staff Report ZCA 2023-05 Title 17 Zoning SB9 Two Dwellings_042324 (Public Hearing: Second Reading & Adoption - Ord re ZCA Staff Report – ZCA 2023-05 - Two Unit and Misc. Code Amendments, 2 nd Reading & Adoption, April 23, 2024
Amending Various Chapters and Sections That:
1. Updates Chapter 17.02 Title and Definitions adding new definitions and deleting outdated definitions.
2. Amends Chapter 17.06 Zones and Zoning Map by amending the R-1 zone title.
3. Amends Chapter 17.08 R-1 Zone adding Two-Dwelling Unit development for single family zoned properties and various misc. amendments in compliance with SB9.
4. Amends Chapter 17.50 Miscellaneous Regulations by adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as deleting outdated requirements.
and acknowledge that the code amendments are statutorily exempt from the California Environmental Quality Act (CEQA)”
PUBLIC HEARING NOTICE:
The public hearing Notice of Intent to adopt code amendment to Title 17 Zoning Updates Chapter 17.02 Title and Definitions adding new definitions and deleting outdated definitions; Amends Chapter 17.06 Zones and Zoning Map by amending the R-1 zone title; Amends Chapter
17.08 R-1 Zone adding Two-Dwelling Unit development for single family zoned properties and various misc. amendments; Amends Chapter 17.50 Miscellaneous Regulations by adding Section
17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as deleting outdated requirements was posted five (5) days prior to the April 23, 2024 hearing as required by Government Code Section 36933.
ENVIRONMENTAL REVIEW AND DETERMINATION:
The preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.
FISCAL CONSIDERATIONS:
Revenue Enhancement or Reduction: Minor reduction in revenues due to the state's ordinance preventing a local agency from assessing discretionary processing fees. Based on the new primary residential development will be subject to the City of Arvin’s current Building Permit Fees, Established Maintenance Fees, and Development Impact Fees.
RECOMMENDATION- CITY COUNCIL ACTION:
It is recommended that the City Council approve the 2nd reading and adoption of the attached ordinance: An Ordinance Amendments “Ordinance of the City Council of the City of Arvin Title 17 Zoning Adding and Amending Various Chapters and Sections That: Updates Chapter 17.02 Title and Definitions adding new definitions and deleting outdated definitions; Amends Chapter
17.06 Zones and Zoning Map by amending the R-1 zone title; Amends Chapter 17.08 R-1 Zone adding Two-Dwelling Unit development for single family zoned properties and various misc. amendments; Amends Chapter 17.50 Miscellaneous Regulations by adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as deleting outdated requirements and acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA)”
5.B.1
Attachment: 1-Staff Report ZCA 2023-05 Title 17 Zoning SB9 Two Dwellings_042324 (Public Hearing: Second Reading & Adoption - Ord re ZCA Staff Report – ZCA 2023-05 - Two Unit and Misc. Code Amendments, 2 nd Reading & Adoption, April 23, 2024
END OF REPORT.
Exhibits:
• An Ordinance of the City Council of the City of Arvin Adoption ZCA 2023-05 – Title 17 Zoning Adding and Amending Various Chapters and Sections That: Updates Chapter 17.02 Title and Definitions adding new definitions and deleting outdated definitions; Amends Chapter 17.06 Zones and Zoning Map by amending the R-1 zone title; Amends Chapter 17.08 R-1 Zone adding Two-Dwelling Unit development for single family zoned properties and various misc. amendments; Amends Chapter 17.50 Miscellaneous Regulations by adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as deleting outdated requirements and acknowledge that the code amendment is statutorily exempt from the California Environmental Quality Act (CEQA)”
Documents on file at City Clerk’s Office:
1. Public Hearing Notice – Posted as required by GC Section 36933
2. City Council Reports and supporting documents of April 9, 2024.
5.B.1
Attachment: 1-Staff Report ZCA 2023-05 Title 17 Zoning SB9 Two Dwellings_042324 (Public Hearing: Second Reading & Adoption - Ord re ZCA Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
ADOPTING ZCA 2023-05 – TITLE 17 ZONING; ADDING AND
AMENDING VARIOUS CHAPTERS AND SECTIONS THAT: UPDATES
CHAPTER 17.02 TITLE AND DEFINITIONS ADDING NEW
DEFINITIONS AND DELETING OUTDATED DEFINITIONS; AMENDS
CHAPTER 17.06 ZONES AND ZONING MAP BY AMENDING THE R-1
ZONE TITLE; AMENDS CHAPTER 17.08 R-1 ZONE ADDING TWODWELLING UNIT DEVELOPMENT FOR SINGLE FAMILY ZONED PROPERTIES AND VARIOUS MISCELLANEOUS AMENDMENTS;
AMENDS CHAPTER 17.50 MISCELLANEOUS REGULATIONS BY
ADDING SECTION 17.50.160 HOME OCCUPATIONS PERMITS,
SECTION 17.50.170 COTTAGE FOOD OPERATIONS AS WELL AS
DELETING OUTDATED REQUIREMENTS AND ACKNOWLEDGE
THAT THE CODE AMENDMENT IS STATUTORILY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City Council desires to amend Title 17 Zoning, Proposed Ordinance; and WHEREAS, on February 20, 2024, at after a duly noticed public hearing, the Planning Commission considered the Proposed Amendments, including presentations from City staff, oral testimony, and written testimony; and
WHEREAS, after the above-mentioned public hearing, the Planning Commission adopted Resolution No. APC 2024-04, which recommended that the City Council adopt this Ordinance; and
WHEREAS, on April 09, 2024, the City Council conducted a duly noticed public hearing regarding this Ordinance, where it received presentations from City staff, oral and written testimony from members of the public; and
WHEREAS, after the above mentioned City Council hearing, the City Council introduced and conducted the first reading of the ordinance of the City of Arvin, California, Zoning Code Amendment ZCA No. 2023-05 - Title 17 Zoning Adding and Amending Various Chapters and Sections That; Updates Chapter 17.02 Title and Definitions adding new definitions and deleting outdated definitions; Amends Chapter 17.06 Zones and Zoning Map by amending the R-1 zone title; Amends Chapter 17.08 R-1 Zone adding Two-Dwelling Unit development for single family zoned properties and various misc. amendments; Amends Chapter 17.50 Miscellaneous Regulations by adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as deleting outdated requirements, is intended to implement the requirements of SB9; are intended to implement the requirements of SB9; and WHEREAS, on April 23, 2024, the City Council conducted a public hearing and conducted the second reading and adoption of Ordinance Amendments; and
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
WHEREAS, prior to the April 23, 2024 hearing, the City Clerk caused a public notice, Notice by the Arvin City Council of Its Intent To Adopt An Ordinance, second reading and adoption of an ordinance of the City of Arvin, California, Zoning Code Amendment ZCA No. 2023-05; and WHEREAS, after the above-mentioned City Council public hearings, the City Council now desires to amend Title 17 Zoning Adding and Amending Various Chapters and Sections That; Updates Chapter 17.02 Title and Definitions adding new definitions and deleting outdated definitions; Amends Chapter 17.06 Zones and Zoning Map by amending the R-1 zone title; Amends Chapter 17.08 R-1 Zone adding Two-Dwelling Unit development for single family zoned properties and various misc. amendments; Amends Chapter 17.50 Miscellaneous Regulations by adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations as well as deleting outdated requirements, is intended to implement the requirements of SB9.
NOW, THEREFORE, the City Council of the City of Arvin does hereby ordain as follows:
Section 1. The Recitals set forth above are true and correct and incorporated herein.
Section 2. The City Council finds and determines that the amendment and addition to Title 17 as contemplated by this Ordinance, the preparation and adoption of the ordinance is not considered a project under CEQA. The preparation and adoption of the ordinance is statutorily exempt from CEQA.
Section 3. The City Council finds and determines that the amendment and addition to Title 17 Zoning as contemplated by this Code Amendments are as follows:
Amend Chapter 17.02 Title and Definitions as follows:
Add Section 17.02.52 - Accessory dwelling unit–ADU.
17.02.52 –Accessory dwelling unit –ADU: A residential dwelling unit that provides independent living facilities and is located on the same lot as the primary dwelling (single-family or multifamily) to which it is an accessory use. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling to which it is accessory. Refer to Chapter 17.51 Accessory Dwelling Units.
Accessory dwelling units include standard ADUs, movable tiny homes, and Junior ADUs. ADUs include an efficiency unit as defined in Health and Safety Code section 17958.1, and a manufactured home as defined in Health and Safety Code section 18007. This use classification is intended to be consistent with Government Code section 65852.2 and all other state laws as those laws are amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail.
1. Standard ADU. A standard accessory dwelling unit that provides complete independent living facilities. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation. It may be attached or detached.
2. Junior ADU. A dwelling unit that is no more than 500 square feet in size, and is contained entirely within a primary single-family residence or a detached accessory
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
dwelling unit, and both shall have independent entrances. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation facilities on the same parcel as the primary dwelling to which it is accessory. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing dwelling unit. The junior accessory dwelling unit must contain either a full kitchen or an efficiency kitchen consisting of cooking facilities with appliances, food preparation counters, and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit. This use classification is intended to be consistent with Government Code sections 65852.2 and 65852.22 and all other state laws as those laws are amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail.
Add Section 17.02.057 - Agricultural Employee Housing as follows:
Section 17.02.057 - Agricultural Employee Housing. Housing occupied by individuals who are primarily engaged in an agricultural operation. Family members of such individuals may also live in the same unit. Agricultural employee housing is not required to be located on the same property as an agricultural operation.
All uses within this classification shall fit within one of the following subcategories:
1. Small-scale permanent. Permanent housing facilities that include no more than six (6) dwelling units or eighteen (18) beds in group living quarters. This may include mobile homes and manufactured homes. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot. Where agricultural employee housing consists of a combination of both individual dwelling units and group living quarters, each dwelling unit shall count as three (3) beds toward the maximum of eighteen (18) beds in group living quarters.
2. Large-scale permanent. Permanent housing facilities that include more than six (6) dwelling units or eighteen (18) beds in group living quarters, or housing that does not meet the supplemental use regulations for small-scale agricultural employee housing.
Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot.
3. Seasonal. Temporary housing that is present on site for no more than 180 days per year and is not subject to the Special Occupancy Parks Act, Health & Safety Code § 18860 et seq. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot. This housing is limited to movable tiny homes, which for the purpose of seasonal agricultural employee housing, may be located on a lot without a primary residence. The property owner shall declare the specific occupancy period dates for each housing unit annually and submit that information to the City Planner by January 31 of each year. All such housing shall be removed from the site outside of the declared occupancy period dates.
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
ADD Section 17.02.182 - Cottage Food Operations as follows:
17.02.182 - Cottage food operations. An enterprise with gross annual sales limits set forth in subdivision (a) of Section 113758 of the Health and Safety Code, is operated by a cottage food operator and having not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, and conducted within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared and/or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to Section 113758 subdivision (b), subsections (4) and (5) of the Health and Safety Code. A “cottage food operation” includes both of the following:
1. Class A. Cottage food operations may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venues, such as temporary events. A separate permit from the County of Kern County shall be required to operate a temporary food facility at such events. A Class A cottage food operation shall not be open for business, unless it is registered with the County of Kern County.
2. Class B. Cottage food operations may engage in both direct sales and indirect sales of cottage food products, such as a permitted third-party retail food facility. A Class B cottage food operator shall not be open for business unless it obtains a permit from the County of Kern County.
Amend Section 17.02.220 Dwelling Single-Family one-family as follows:
Section 17.02.220 - "One-family dwelling" means a detached building designed for or occupied exclusively by one (1) family. (Ord. 51 §117, 1965).
One-family dwelling-lot, subject to the provisions of Section 17.50.130. One dwelling Lot unit classification permits one primary unit and one urban primary unit on a single lot, that is zoned as a single-family residential zone. Units may be completely detached from any other dwelling unit.
This classification includes a manufactured home. h ousing types (e.g., ADUs, JADUs), a parcel not zoned for multi-family development shall under no circumstances have more than four (4) units - a primary dwelling unit, an urban primary unit, an Accessory Dwelling Unit, and a Junior Accessory Dwelling Unit, unless the parcel qualifies for an Urban Primary Unit thru an Urban Lot Split. Urban Primary Lot/Unit. A second residential dwelling unit, created thru a Urban Lot Split may have a maximum of two (2) dwelling units on an urban lot consisting of a urban primary unit and a detached or attached ADU OR a urban primary unit and a JADU. An Urban Primary Unit is not an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, refer to Chapter Section 17.51 Accessory Dwelling Units. This use classification is intended to implement Government Code Sections 65852.21 and 66411.7, as amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail.
Add Section 17.02.435 Manufactured Homes as follows:
Manufactured Housing GC 65852.3; Manufactured homes may be installed on lots zoned for conventional single-family residential dwellings where the manufactured home is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.
Secs. 5401 et seq.) on a foundation system, pursuant to Section 18551 of the Health and Safety Code. Installation of manufactured homes on lots zoned for conventional single-family residential
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
dwellings shall be subject to Section 17.50.130 – Single Family Dwellings and Mobile HomesDevelopment/Architectural Standards. Additionally, if more than 10-years have elapsed between the date of the manufacture of the manufactured home and the date of the application for the issuance of a permit to install the manufactured home, the manufactured home shall not be permitted.
Amend Section17.02.522(a) Residential care facility as follows: Section 17.02.522(a) "Residential care facility" means an adult day care facility is any community-based facility or program that provides care to persons eighteen (18) years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a twenty-four-hour basis. (Ord. No. 397, 8-2-2011; Ord. No. 421, § 1, 7-7-2015) Residential Care Facilities shall mean California Department of Social Services licensed non-medical facilities which provide long-term care to adults or children which stay in a residential setting rather than in their own home. Occupants may include persons with chronic life threatening illness including HIV or AIDS, or the elderly. Residential care facilities provide room, board, housekeeping, supervision, and personal care assistance with basic activities such as bathing and grooming, as further defined under the California Health and Safety Code Section 1568.0831.
Amend Section 17.02.535 deleting existing text and reserve section to read as follows:
17.02.535 Second dwelling unit. RESERVED "Second dwelling unit" means an attached or detached residential dwelling unit, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation and shall be located on the same lot as the existing single family dwelling is situated.
Second dwelling units shall be consistent with the requirements of subsection 17.08.020 L of this title. (Ord. No. 421, § 1, 7-7-2015)
Add Section 17.02.656 Urban Lot Splits as follows:
Section 17.02.656 - Urban Lots created as provided under Title 16, Chapter 16.06 Urban Lot Splits shall not exceed two (2) lots. Each lot created by an Urban Lot Split shall be limited to two dwellings on each lot. Example: Existing lot that is zoned for a single-family development may be ministerially subdivided into two lots and shall be identified as UL Parcel 1 and UL Parcel 2.
UL Parcel 1 may be developed with one primary dwelling unit and one ADU and UL Parcel 2 may be developed with one primary dwelling unit and a JADU. A maximum of four (4) dwelling units may be developed on UL Parcel 1 and UL Parcel 2. Urban Lots created under Title 16 Subdivision, Chapter 16.06 Urban Lot Splits are subject to the City of Arvin’s Development Impact Fees and require separate utility connections. Once an Urban Lot is created, no additional land divisions are permitted.
Add Section 17.02.657 Urban Two-Unit Development as follows: 17.02.657 - Urban TwoUnit Development occurs within a single-family residential zoned property meeting the
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
requirements of Government Code Section 65852.21 and is ministerially developed with one (1) Primary Dwelling Unit and one (1) Urban Primary Dwelling Unit, (plus one (1) Accessory Dwelling Unit (ADU) and/or one (1) Junior Accessory Dwelling (JADU) – maximum four (4) units subject to the provisions of Section 17.50.130 – Single-family dwellings and mobile homes – Development/architectural standards and meeting the requirements of Section 17.08.020 Permitted Uses and Subsections 1 through 15. Single-family residential zones include Chapter
17.08 R-1 Single-Family Zone; Chapter 17.16 R-S – Suburban Residential Zone; And Chapter
17.18 Estate Zones that includes the following E-1, E-2, E-3; E-4; and E-5.
Add Section 17.02.658 Urban Primary Unit as follows: – See Section 17.02.220 - Dwelling Single-Family
Section 17.02.658 - Urban Primary Unit. A second residential dwelling unit, located within a dwelling one-family unit, limited to 1,600 square feet, that provides independent living facilities and is located on a legal parcel that is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau, and is located in a single-family residential zone. This use classification also applies to a second dwelling unit on any eligible lot or a urban lot that resulted from an urban lot split, as described in Title 16 Subdivision, on or after January 1, 2022. The dwelling unit may exist as a separate structure or within a common structure.
An Urban Primary Unit is not an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, refer to Chapter Section 17.51 Accessory Dwelling Units. This use classification is intended to implement Government Code Sections 65852.21 and 66411.7, as amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail.
Amend Chapter 17.06 Zones and Zoning Map, Section 17.06.010 Zones Established as follows:
“R-1 Single-Family One-family dwelling zone”
Amend Chapter 17.08 R-1 One Family Dwelling Zone as follows:
Chapter 17.08 R-1 SINGLE-FAMILY ONE-FAMILY DWELLING ZONE Sections:
17.08.010 Applicability.
The regulations set forth in this chapter shall apply in the R-1 Singel-Family one-family dwelling zone unless otherwise provided in this title.
(Ord. 199 (part), 1985).
17.08.020 Permitted uses.
Uses permitted in any type of R-1 zone are as follows:
A. One-family dwellings, subject to the provisions of Section 17.50.130.
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
B. The accessory buildings and structures necessary to such use located on the same lot or parcel of land including a private garage. the capacity of which shall not exceed three (3) automobiles;
C. Detached servants living quarters shall be allowed only on lots having an area of more than ten thousand (10,000) square feet on which there is a dwelling containing not less than thousand (2,000) square feet. The detached servants' living quarters exterior will be of the same architectural finish as the main dwelling. Urban Two-Unit Development within single-family residential zone subject to the provisions of 17.50.130 Single Family dwellings and Manufactured homesDevelopment/architectural standards and 17.50. 190 Urban Two-Unit Development.
D. Home occupation permits subject to approval as per section 17.50.160 – Home Occupation Permits. The following criteria and standards for home occupations-quasi-home occupations are intended to provide reasonable opportunities for employment within the home, home base business, while avoiding changes to the residential character of a dwelling and neighborhood that accommodates a home occupation, or the surrounding neighborhood.
1. Business license required. A home occupation, home base business, shall require a city business license and a home occupation permit. A permit to conduct a home occupation shall be obtained from the community development director, or designee, prior to issuance of a business license.
2. Application: An application and payment of the established fee for a home occupation permit shall be submitted to the community development director or designee by the person responsible for the operation of any home occupation. If the applicant is not the owner of the property involved, the applicant shall have a "consent of owner" form signed by the owner or authorized representative.
3. Home occupation or Quasi-home occupation permit - Substitute for Administrative Approval - No home occupation or quasi-home occupation (home based business) shall be established in a residence until a home occupation permit or quasi-home occupation permit is approved by the community development director or designee. Home occupation and quasi-home occupation conditions, as established in this section, satisfies the requirements of an administrative permit, Section 17.05.080 - Permitted uses designated—Administrative approval. Upon issuance of a home occupation permit or a quasi-home occupation permit by the community development director, or designee said permit conditions incorporates the requirements and findings below to insure that the residential neighborhood is not adversely affected by the establishment of a home base business.
a. Before approving or conditionally approving any such application, the community development director shall find that under the circumstances of the particular case, the proposed use or buildings will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood. b. Findings:
i. That the use will not involve any process, equipment or materials which, in the opinion of the community development director, will be objectionable to persons living or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, or unsightliness, or to involve any hazard of fire or explosion; and
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
ii. That the proposed use will be harmonious with existing structures and uses of land in the vicinity;
iii. That proposed signs will not by size, location or lighting interfere with traffic or limit visibility.
4. Home occupation and quasi-home occupation permits - term. A home occupation or quasihome occupation permit shall not expire unless: revoked, lapse of a current and valid business licenses; however, the permit is not transferable to a different permittee, location, or use.
5. Home occupation and quasi-home occupation permits - revocation. The home occupation or quasi-home occupation permit granted under this article shall be subject to revocation by the community development director, or designee, when the permittee violates any of the restrictions and conditions set forth in this article or upon verification of objectionable activity and/or complaints.
6. Home occupation and quasi-home occupation permits - denial. A home occupation-quasihome occupation permit shall not be issued for the following uses: Retail sales, commercial photograph studios, beauty parlors, barber shops, music schools, dancing schools, business schools, or other schools of any kind with organized classes, retail motor vehicle sales or repair, or any similar activities are prohibited. If the use applied for does not meet the required conditions and standards, the community development director, or designee, shall deny the application that do not comply with the provisions of 17.08.020 (D) (Home occupation permits-Quasi-Home Occupations: Conditions: Issuance).
7. Issuance. The community development director, or designee, shall analyze all the facts presented with the application and, if the use applied for meets each and every one of the required conditions and standards, shall issue the home occupation permit-quasi-home occupation permit subject to the findings under Section 17.08.020 (D). The applicant shall sign a statement acknowledging that the use must remain in compliance with the standards and criteria as well as all other city codes and regulations.
8. Compliance with all other laws and regulations. Business operations conducted at this residence shall comply with all local, state, and federal laws and regulations, including, but not limited to, building, fire, and ADA accessibility requirements.
9. Indemnification. In the event the city determines that it is necessary to take legal action to enforce any of the provisions of these conditions, and such legal action is taken, the applicant shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree with applicant to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails on every issue in the enforcement proceeding.
10. Conditions: Issuance.
a. No home occupation permit shall be issued unless the use applied for meets the following standards and conditions:
i. The permit is only valid for the person(s) and location identified in the application and shall not be transferable to another person(s) or location.
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
ii. The home occupation shall be conducted entirely within the residential dwelling. Outside activity, storage, or display is prohibited, except as provided herein or upon conditional approval of the community development director.
iii. Limitations of use and storage:
(a) The floor area used for such occupation or profession shall not exceed four hundred (400) square feet in any case - within the residence.
(b) Storage of goods and materials may be stored in the garage when such storage does not limit or prohibit the parking of automobiles.
(c) Storage of goods and materials may be stored in approved accessory structures per Arvin city code.
(d) No occupation may be conducted in the garage area nor in any accessory structure. iv. The proposed occupation shall clearly be incidental and secondary to the residential use of the dwelling, and shall not change the residential character of the dwelling. v. Window displays, "show windows," or other exterior display to attract customers, clients, or the general public are prohibited. No exterior sign, except a professional occupation sign one (1') foot by one (1') foot in size, announcing the name and home occupation, affixed to a wall of the primary dwelling.
vi. Exterior alterations of residential dwellings, for the purpose of drawing attention to the business, or in association with the operation of the business, are prohibited. vii. Operation of the business shall not generate vehicular traffic that is not normally associated with residential uses.
(a) Deliveries to the home occupation shall be limited to no more than two (2) deliveries per day. No delivery shall be by vehicles larger than a typical delivery van (FedEx, UPS, etc.). (b) No more than one (1) standard pickup or van, and one (1) utility trailer, as defined below, specifically designated to be used for the home occupation shall park at the subject residence at any time.
(1) "Utility trailer" shall mean and include a vehicle without motive power, not exceeding twenty (20') feet in length, eight (8') feet in width, and thirteen and one-half (13-1/2') feet in overall height, designed so that it can be drawn behind a motor vehicle in accordance with the California Vehicle Code. A private utility trailer, as defined herein, is considered incidental to the owner's residential use of a property. It is not intended to mean truck trailers that would be a single or double trailer to be pulled behind a commercial vehicle or similar tractor-truck vehicle. (2) Adjacent property owner required. Notwithstanding the provisions of subsection (a) of this section, it shall be unlawful for any person to place, keep, maintain, or occupy, or permit to be placed, kept, maintained, or occupied, any utility trailer used in association of a home occupation permit activity, without the permission of the adjacent property owner. (c) In the event outside persons are employed to perform functions of this business away from the premises, parking or storage of employees' vehicles in the neighborhood is prohibited. (d) At least one (1) on-site parking space shall be provided for customers to the business. For the purposes of this section only, parking in a driveway shall meet the definition of a parking space.
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
(e) Parking of vehicles and/or utility trailers shall comply with the Arvin city code. viii. Such occupation or profession shall be conducted by the residents of the premises. ix. The proposed home occupation business shall be limited to no more than two (2) customers at a time and no more than six (6) customers per day, arriving no earlier than 7:00 a.m. and leaving no later than 7:00 p.m.
x. Limitations of use and storage:
(a) The floor area used for such occupation or profession shall not exceed four hundred (400) square feet in any case - within the residence.
(b) Storage of goods and materials may be stored in the garage when such storage does not limit or prohibit the parking of automobiles.
(c) Storage of goods and materials may be stored in approved accessory structures per Arvin city code.
(d) No occupation may be conducted in the garage area nor in any accessory structure. xi. The proposed occupation shall only involve the use of power-driven equipment or chemicals normally incidental to residential use.
xii. The applicant shall not list or advertise the residence address in the commercial telephone directory, newspaper, radio, or television in connection with the proposed occupation or profession.
xiii. The proposed occupation shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference, or other causes. xiv. Based upon the unique functions and other unique conditions of the home base business, the community development director, or designee, may impose additional conditions as may be deemed necessary to protect the health, safety, and welfare of the residents in the surrounding neighborhood.
E. One (1) sign of not to exceed four (4) square feet in area advertising the premises for sale, lease or rent, located not nearer than ten (10) feet to adjoining premises, nor nearer than five (5) feet to street line;
F. One (1) temporary sign of not to exceed six (6) square feet in area giving the name of the contractors, engineers and architects during the construction period; G. Agricultural and horticultural uses for domestic purposes, including nurseries, greenhouses, orchards or the raising of field crops, tree crops, berry or bush crops, or vegetable or flower gardening;
H. Domesticated dogs or domesticated cats only shall be allowed to be maintained in the exterior (outside) portions of the dwellings, accessory buildings and detached structures and detached servants' living quarters as defined in subsections A through C, inclusive, of this section, and as to the presence of any domesticated dog(s) or domesticated cat(s) within the exterior portion of such buildings as described in subsections A through C, all other ordinances, including, but not limited to, leash law restrictions, will apply to such use/activity. Other domesticated animals, domesticated fish and domesticated birds shall be permitted, but only so long as they collectively total not more than twelve (12) and are maintained solely and exclusively at all times within the
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
interior portion of the single one-family dwelling described in subsection A, B, and C and/or the detached servants' living quarters, if any should exist, as described hereinabove in subsection C.
Under no circumstances, however, shall poultry, whether in the form of hens, roosters, turkeys or other farm fowl or farm animal be maintained as a permitted use in an R-1 Singel one-family dwelling zone;
I. RESERVED. Where a dwelling exists, prior to the ordinance codified in this title, on the rear half of the lot and at least seventy-five (75) feet back of the front lot line, an additional dwelling may be constructed and maintained on the front half of such lot; provided, that there shall be a minimum distance of twenty (20) feet between such dwellings; J. Additional uses may be permitted by the planning commission according to the provisions of Chapter 17.56, Conditional Use Permits.
K. Mobile homes certified (Manufactured Homes), manufactured ten (10) years or less, under the National Mobile Home Construction Safety Act of 1974 (42 U.S.C. Section 5401 et seq.) on a permanent foundation system pursuant to Section 18551 of the Health and Safety Code and subject to the provisions of Section 17.50.131 of this chapter; L. RESERVED. A second dwelling unit, subject to the following standards:
1. Minimum Lot Size: A second dwelling unit shall be permitted only on a properly-zoned lot that contains at least six thousand (6,000) square feet.
2. Yards: A second dwelling unit shall comply with yard requirements of the R-1 zone, as listed in Sections 17.08.040, 17.08.050 and 17.08.060 of the Arvin Municipal Code.
3. Space Between Buildings: A second detached dwelling unit shall be located no closer than ten (10) feet to any other residential building on the same parcel, and not less than six (6) feet from any accessory building.
4. Building Height: No second dwelling unit shall have a height greater than two (2) stories, not to exceed twenty-five (35) feet.
5. Unit Size: The living area of a second dwelling unit that is attached to the primary dwelling shall not exceed thirty (30) percent of the existing living area of the primary dwelling. A second unit that is detached from the primary dwelling shall not exceed one thousand three hundred (1,300) square feet of floor area.
6. Parking: There shall be one (1) paved on-site parking space for a second dwelling unit. The space shall be a minimum of nine (9) feet wide and twenty (20) feet deep and constructed to city standards. The space shall be in addition to on-site parking spaces required for the primary dwelling on the lot. The parking space for the second dwelling unit may be situated as a tandem parking space within an existing driveway, provided that parking space requirements are maintained for the primary dwelling unit. If additional paved parking is required to accommodate a second unit, it shall not be located within a required front yard, except within a legal driveway that is not wider than necessary to accommodate two (2) parking spaces side by side, however said parking space may be located within required side or rear yards. There shall be no conversion of a garage of a primary dwelling unit into a second dwelling unit, unless all parking requirements are otherwise met for the primary dwelling unit.
7. Architectural Appearance: The second dwelling unit's scale, appearance and character shall be similar to and compatible in design with the primary dwelling unit in terms of siding materials
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and color, window types, roofing pitch and materials. Further, the second dwelling unit shall be clearly subordinate to the primary dwelling unit by size, location and appearance. If attached to the primary dwelling unit, a second dwelling unit shall be attached in a manner that the addition will create the appearance of an enlargement of the primary dwelling unit, and a logical extension of roof and walls of the primary dwelling unit, rather than give the appearance of an add-on unit.
Mobile homes shall not be permitted to be used as a second unit.
8. Building Code: A second dwelling unit shall be subject to all applicable building, fire, health and safety codes.
9. Occupancy: The owner of the subject property at the time of the application and all future owners of the property shall reside in one of the dwelling units. A covenant, in a form approved by the city attorney, running with the land between the city and the applicant shall be recorded with the Kern County recorder's office prior to the issuance of any building permits, requiring that the primary or proposed second dwelling unit shall be occupied by the owner of the property.
10. Access: In order to preclude the appearance of a duplex unit, access to the second dwelling unit shall be by an exterior doorway located on the side or rear of the second dwelling unit. In no case shall the entrance be visible from a public street right-of-way.
11. Utilities: A second dwelling unit shall be provided with water, sewer, and other utilities as determined by the building official.
12. Existing Dwellings: Any second dwelling unit existing on the effective date of the ordinance adding this subsection shall constitute a violation of this subsection unless the second dwelling unit meets the standards of this subsection or the second dwelling unit qualifies as a permitted nonconforming use under section 17.52 of this title.
M. Transitional housing;
N. Supportive housing;
O. Residential care facilities;
P. Employee housing.
Q. Neighborhood serving commercial uses within single family residential zones subject to approval per section 17.50.180 – Neighborhood Serving Commercial Uses.
R. Cottage Food Operations subject to approval per Section 17.50.170 Cottage Food Operations.
Neighborhood serving commercial uses are intended to introduce complimentary uses in conjunction with existing and/or proposed single family residential uses in locations where the neighborhood supports such a use and serves the neighborhood. The following standards are designed to allow neighborhood serving commercial uses to be integrated closely with existing and proposed single family residential uses on a small scale. Allowing neighborhood serving commercial uses to be integrated into neighborhoods at appropriate locations and at the same scale as the existing and proposed residential uses is intended to make more efficient use of existing infrastructure capacity and improve walking and biking accessibility to these services by nearby residents.
1. A neighborhood serving commercial use must implement and meet the following criteria:
Support a compact walkable neighborhood with nearby services;
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a. Separation of neighborhood serving commercial uses by a minimum of one thousand (1,000) feet;
b. Be a development of small scale neighborhood commercial uses to compliment neighborhoods and provide service destinations and jobs close to existing housing; c. Must be compatible with neighborhood commercial uses and existing and/or proposed residential development; and
d. Utilize existing infrastructure and service capacity.
2. A neighborhood serving commercial use must implement and meet the following criteria:
a. Support a compact walkable neighborhood with nearby services; b. Separation of neighborhood serving commercial uses by a minimum of one thousand (1,000) feet;
c. Be a development of small scale neighborhood commercial uses to compliment neighborhoods and provide service destinations and jobs close to existing housing; d. Must be compatible with neighborhood commercial uses and existing and/or proposed residential development; and
e. Utilize existing infrastructure and service capacity.
3. Uses permitted: The following uses are permitted as a neighborhood serving commercial use subject to Chapter 17.60 Site Development Permit, implements and meet the criteria established above, subject to the implementation of the requirements of Chapter 17.70 Site Development Standards, and also meeting the standards as listed in this section:
a. Other neighborhood serving commercial not listed below may be permitted by conditional use permit where it can be demonstrated that the proposed use meets the criteria identified above and all requirements of this section.
i. Neighborhood convenience retail in conjunction with existing or proposed single family residential uses as listed below:
ii. Food sales (i.e. groceries, bakeries, candy shops, delicatessens); iii. Consumer repair services (i.e. watch, jewelry, musical instrument); iv. General retail sales-convenience; (i.e. convenience market (No off- or on-sale of alcoholic beverages), neighborhood takeout food preparation; and
v. Live-work units.
4. Design standards for permitted non-residential uses. Uses permitted above shall conform to the following design guidelines:
a. Architectural standards: All new development (residential and non-residential) shall be of a design that compliments residences and/or introduces and improves on the design located on the same block and shall follow these design standards;
i. Building materials shall be of siding, brick, stone or other materials that are similar in composition and otherwise in common with other buildings located in the area. ii. Colors shall compliment other buildings in the area.
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iii. The primary entrance shall be from the front sidewalk, front corner entrances may satisfy this requirement. Secondary entrances may be allowed in the rear where there is rear parking. iv. To support the privacy of existing residences, windows on the portion of a side wall directly opposite an existing residence shall be limited to obscure glass or similar material approved or windows that are above sightline in both buildings.
v. New buildings shall be compatible with the existing residential uses on the block and must use at least three (3) design elements found in other buildings within the neighborhood on facades facing public streets.
b. Signage: Shall be of a scale and of materials that are compatible with the existing residential uses while allowing the business to be identified from the sidewalk and street. i. Maximum sign area allowed shall be the one-half (½) of the building width in square feet:
building width/2 = X sq. ft.
ii. May not be translucent or lighted from within. They may be lighted with exterior lights during hours of operation.
iii. Window signs may not be larger than one (1) square foot. iv. Lighted window signs may only be lit during hours of operation. v. Lighted signs may not flash, blink or otherwise move. c. Exterior lighting: Shall be compatible with residences located on the same block and; i. Exterior lighting must be hooded or shielded. There should be no disability glare and no direct light source should be visible from ground level or above across the source property line if it is adjacent to residential or vacant property.
5. Building, lot, location and other standards: Uses permitted above shall conform to the following guidelines:
a. Location and access:
i. Permitted non-residential uses shall be located in a neighborhood where no similar services are provided within one thousand (1,000) feet;
ii. Must be located on a corner lot of sufficient size to meet the requirements of Chapter 17.70 Site Development Standards;
iii. Must provide a minimum of five hundred (500) square feet of open space for the existing and/or proposed single family residential unit.
iv. Conditionally approved non-residential uses not listed in Sub-Subsection B above, must be found to be compatible with and to impose no adverse impact upon adjacent residential uses and meet all of the requirements of this Subsection.
b. Parking: The following vehicle parking standards shall be met:
i. On-street parking may be credited toward the minimum parking requirements. ii. All off-street parking must be provided in the rear or side yards and screened by an opaque wall or landscaping at least three (3) feet in height. No parking is allowed in the front or side yard setback.
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iii. No commercial vehicle may be parked on the street or on the premises overnight except in an enclosed garage.
c. Bicycle parking: Shall be provided near the front entrance and covered where possible. i. For each four hundred (400) square feet of neighborhood commercial use there shall be one (1) bicycle space.
ii. Each bicycle parking space shall be sufficient to accommodate a bicycle at least six (6) feet in length and two (2) feet wide, and shall be provided with some form of stable frame permanently anchored to a foundation to which a bicycle frame and both wheels may be conveniently secured using a chain and padlock.
d. Other standards:
i. Hours of operation: shall be limited from 6:00 a.m. to 10:00 p.m. ii. Outdoor storage: No outdoor storage shall be permitted. iii. Waste containers: All waste containers larger than allowed residential containers or numbering more than two (2) per building shall be enclosed by a wall or opaque screening.
6. Setbacks, height requirements for new or enlarged buildings. The setback and height requirements for a new or redeveloped building shall be:
a. Yard setback:
i. Shall meet the minimum yard setback as required in the R-1 Zone District; ii. Outdoor seating may be located in the front, rear and side yard setback but must be screened from adjacent residential uses.
b. Building height: Proposed new or enlarged building shall meet the following; i. When located between two (2) existing buildings the maximum height measured at the highest point along a roof or highest ridge line of the proposed building may be no higher than five (5) feet above the average height of the adjacent buildings measured in a like manner. ii. When located adjacent to an existing building and on a corner lot or next to a vacant lot the maximum height measured at the highest point along a roof or highest ridge line of the proposed building may be no higher than five (5) feet above the adjacent building or the average height of the adjacent building and the underlying zone measured in a like manner. iii. When located on a corner lot and next to a vacant lot the maximum height measured at the highest point along a roof or highest ridge line of the proposed building may be no higher than five (5) feet above the average height of all buildings on the block measured in a like manner or of the underlying zone.
(Ord. 309, 1998: Ord. 199 (part), 1985)
(Ord. No. 376, 2008; Ord. No. 421, § 2, 7-7-2015; Ord. No. 458, § 2, 3-26-2019) S. Single Room Occupancy Units.
17.08.029. Lot size in R-1 Single-Family Zone:
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Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
The typical lot size may range from 4,356 to 10,000 square feet permitting up to 4 to 10 dwelling units per acre.
17.08.030 Height limitation.
The maximum height for buildings in any type of R-1 zone shall be two and one-half (2½) stories and not to exceed thirty-five (35) feet.
(Ord. 199 (part), 1985).
17.08.040 Front yard requirements.
A. In any type of R-1 zone, there shall be a front yard of not less than twenty (20) feet. Where lots comprising forty percent (40%) or more of the frontage on one (1) side of a street between intersecting streets are developed with buildings having an average front yard with a variation of not more than ten (10) feet, no building erected or structurally altered after the effective date of the ordinance codified in this title shall project beyond the average front yard line so established.
In determining such front yard depth, buildings located more than thirty-five (35) feet from the front property line or buildings facing a side street on a corner lot shall not be counted.
B. In any type of R-1 zone, the front yard shall be measured from the front property line except that where there is an official plan line or a future street line, the front yard shall be measured from such official plan line or future street line; provided, however, that along any secondary highway, as designated by the city's highway plan, a minimum setback of fifty-five (55) feet from the centerline of the highway shall be required.
(Ord. 199 (part), 1985).
(Ord. No. 376, 2008).
17.08.050 Side yard requirements.
In any type of R-1 zone, there shall be a side yard on each side of a main building of not less than five (5) feet, except that on the street side of corner lots there shall be a side yard of not less than ten (10) feet.
(Ord. 199 (part), 1985).
17.08.060 Rear yard requirements.
In any type of R-1 zone, there shall be a rear yard behind every main building of not less than ten (10) feet.
(Ord. 199 (part), 1985).
17.08.070 -RESERVED. R-1-10 zone.
A. In the R-1-10 zone the lots shall not be less than ten thousand (10,000) square feet in size;
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Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
B. In the R-1-10 zone the residential dwelling shall not be less than one thousand five hundred (1,500) square feet in size, except that second dwellings shall meet size requirements of Subsection
17.08.020 L.
C. Only the following zones may be allowed immediately adjacent to the R-1-10 zone:
1. R-1-8 zone - One-family residential zone
2. R-1 PD - One-family residential zone
3. N-C - Neighborhood commercial zone.
(Ord. 199 (part), 1985).
(Ord. No. 421, § 3, 7-7-2015)
17.08.080 – RESERVED. R-1-8 zone.
Uses permitted in the R-1-8 zone are as follows:
A. In the R-1-8 zone the lots shall be not less than eight thousand (8,000) square feet in size; B. In the R-1-8 zone the residential dwelling shall not be less than one thousand five hundred (1,500) square feet in size, except that second dwellings shall meet size requirements of Subsection
17.08.020 L.
C. Only the following zones may be allowed immediately adjacent to the R-1-8 zone:
1. R-1-10 - One-family residential zone
2. R-1 - One-family residential zone
3. R-1-PD - One-family residential zone
4. R-2-7.5 - Two-family residential zone
5. N-C - Neighborhood commercial zone.
(Ord. 199 (part), 1985)
(Ord. No. 421, § 4, 7-7-2015)
17.08.090 – RESERVED. R-1 zone.
Uses permitted in R-1 zone are as follows:
A. In the R-1 zone the lots shall be not less than six thousand (6,000) square feet in size; B. In the R-1 zone the residential dwelling shall not be less than seven hundred seventy-five (775) square feet in size;
C. The R-1 zone shall not be placed immediately adjacent to an M-1 or a M-2 zone. (Ord. 199 (part), 1985.)
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17.08.100 RESERVED. R-1-PUD zone.
Uses permitted in the R-1-PUD zone are as follows:
A. In the R-1-PUD zone a mixture of lot sizes is required. The mixture shall, as best can be accomplished, consist of thirty percent (30%) six thousand (6,000) square foot lots, forty percent (40%) eight thousand (8,000) square foot lots and thirty percent (30%) ten thousand (10,000) square foot lots (a ratio of 3:4:3).
B. No more than two (2) lots of similar size may be placed immediately adjacent to one another.
C. In the R-1-PUD zone the residential dwelling sizes shall be of a corresponding nature to the lot sizes, that is thirty percent (30%) shall be seven hundred seventy-five (775) square feet or larger, forty percent (40%) shall be one thousand two hundred fifty-one (1,251) square feet or larger and thirty percent (30%) shall be one thousand five hundred (1,500) square feet or larger (a ratio of 3:4:3).
D. No more than two residential dwellings of similar size may be placed immediately adjacent to one another.
E. In the development of an R-1-PUD both the planning commission and the developer must agree to the style of the structures being built as well as to the general and external aesthetic appearances of any R-1-PUD development.
(Ord. 199 (part), 1985).
17.08.110 Required distance between buildings on same lot.
A. In any type of R-1 zone, there shall be a minimum distance of five (5) feet between a building used for dwelling purposes and an accessory building.
B. In any type of R-1 zone, there shall be a minimum distance of five (5) feet between accessory buildings.
(Ord. 199 (part), 1985).
17.08.120 - RESERVED. Implementation.
The R-1-10, R-1-8 and R-1-PD zones can be used only on those acreages which are unimproved at the date of adoption of the ordinance.
Amend Chapter 17.50 Miscellaneous Regulations, Section 17.50.130 Single-family dwellings and mobile homes-Development/architectural standards as follows:
17.50.130 Single-family dwellings, Accessory Dwelling Units, and manufactured mobile homes Developmental/architectural standards.
All single one-family dwellings, Accessory Dwelling Units, manufactured mobile homes as defined by Section 17.02.435 Manufactured Home on a permanent foundation shall meet the following developmental/architectural standards:
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A. Roof Overhang. All main buildings shall have a minimum twelve (12) inch roof overhang on each of the dwelling's perimeter walls such that the roof overhang is architecturally integrated into the design of that dwelling unit.
B. Roofing Material. All main buildings on the lot and all detached garages and carports located on the front half of the lot shall have a roof consisting of wood shakes, asphalt, composition or wood shingles, clay, concrete or metal tiles, or of slate material. Rolled-roofing materials are prohibited.
C. Roof Pitch. All main buildings on the lot and all detached garages and carports located on the front half of the lot shall have a pitched roof with a minimum rise to run ratio of 4 to 12.
D. Siding Material. All main buildings and all detached garages located on the front half of the lot shall have exterior siding material consisting of either wood, masonry, brick, concrete, stucco, Masonite or metal lap. Corrugated sheet-metal siding is specifically prohibited for use as a siding material. The exterior siding material shall extend to ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.
E. Minimum Square Footage. Inhabitable buildings shall have a minimum square footage of seven hundred seventy-five (775) square feet. The minimum width of the main building and garage or carport shall be a minimum of fifty (50%) percent of the lot width. Only living space within the primary walls of the dwelling unit shall be used for determining the minimum square footage of the unit. Porches, screened rooms, garages or carports shall not be included when determining the minimum square footage of a unit.
F. Foundations. All main buildings shall be placed on a permanent foundation which meets applicable building code requirements and/or Section 18551 of the Health and Safety Code, such that the floor elevation of the proposed unit is compatible with the floor elevations of the surrounding dwelling units.
G. Deviations. The City Planner planning director may approve deviations from one (1) or more of the developmental/architectural standards on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the City Planner planning director may be appealed to the planning commission in accordance with Section 17.05.050 of this chapter.
H. Infill Lots. On existing vacant lots less than one acre in size, located within the older neighborhoods, circumscribed by Varsity Road to the north, Sycamore Road to the south, Comanche Drive to the west, and Derby Street to the east, in-fill lots with a minimum dimension of fifty (50) feet of lot width and one hundred (100) feet of lot depth are allowed to be created.
(Ord. 182 Exhibit A(10), 1982). (Ord. No. 376, 2008).
Add Section 17.50.160 Home Occupation Permits to read as follows:
Section 17.50.160 Home Occupation Permits.
The following criteria and standards for home occupations-quasi-home occupations are intended to provide reasonable opportunities for employment within the home, home base business, while avoiding changes to the residential character of a dwelling and neighborhood that accommodates a home occupation, or the surrounding neighborhood.
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Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
1. Business license required. A home occupation, home base business, shall require a city business license and a home occupation permit. A permit to conduct a home occupation shall be obtained from the community development director, or designee, prior to issuance of a business license.
2. Application: An application and payment of the established fee for a home occupation permit shall be submitted to the community development director or designee by the person responsible for the operation of any home occupation. If the applicant is not the owner of the property involved, the applicant shall have a "consent of owner" form signed by the owner or authorized representative.
3. Home occupation or Quasi-home occupation permit - Substitute for Administrative Approval - No home occupation or quasi-home occupation (home based business) shall be established in a residence until a home occupation permit or quasi-home occupation permit is approved by the community development director or designee. Home occupation and quasi-home occupation conditions, as established in this section, satisfy the requirements of an administrative permit, Section 17.05.080 - Permitted uses designated—Administrative approval. Upon issuance of a home occupation permit or a quasi-home occupation permit by the community development director, or designee said permit conditions incorporates the requirements and findings below to ensure that the residential neighborhood is not adversely affected by the establishment of a home base business.
a. Before approving or conditionally approving any such application, the community development director shall find that under the circumstances of the particular case, the proposed use or buildings will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood. b. Findings:
i. That the use will not involve any process, equipment or materials which, in the opinion of the community development director, will be objectionable to persons living or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, or unsightliness, or to involve any hazard of fire or explosion; and ii. That the proposed use will be harmonious with existing structures and uses of land in the vicinity;
iii. That proposed signs will not by size, location or lighting interfere with traffic or limit visibility.
4. Home occupation and quasi-home occupation permits - term. A home occupation or quasihome occupation permit shall not expire unless: revoked, lapse of a current and valid business licenses; however, the permit is not transferable to a different permittee, location, or use.
5. Home occupation and quasi-home occupation permits - revocation. The home occupation or quasi-home occupation permit granted under this article shall be subject to revocation by the community development director, or designee, when the permittee violates any of the restrictions and conditions set forth in this article or upon verification of objectionable activity and/or complaints.
6. Home occupation and quasi-home occupation permits - denial. A home occupation-quasihome occupation permit shall not be issued for the following uses: Retail sales, commercial
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photograph studios, beauty parlors, barber shops, music schools, dancing schools, business schools, or other schools of any kind with organized classes, retail motor vehicle sales or repair, or any similar activities are prohibited. If the use applied for does not meet the required conditions and standards, the community development director, or designee, shall deny the application that do not comply with the provisions of 17.50.160 (D) (Home occupation permits-Quasi-Home Occupations: Conditions: Issuance).
7. Issuance. The community development director, or designee, shall analyze all the facts presented with the application and, if the use applied for meets each and every one of the required conditions and standards, shall issue the home occupation permit-quasi-home occupation permit subject to the findings under Section 17.50.160 (D). The applicant shall sign a statement acknowledging that the use must remain in compliance with the standards and criteria as well as all other city codes and regulations.
8. Compliance with all other laws and regulations. Business operations conducted at this residence shall comply with all local, state, and federal laws and regulations, including, but not limited to, building, fire, and ADA accessibility requirements.
9. Indemnification. In the event the city determines that it is necessary to take legal action to enforce any of the provisions of these conditions, and such legal action is taken, the applicant shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree with applicant to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails on every issue in the enforcement proceeding.
10. Conditions: Issuance.
a. No home occupation permit shall be issued unless the use applied for meets the following standards and conditions:
i. The permit is only valid for the person(s) and location identified in the application and shall not be transferable to another person(s) or location.
ii. The home occupation shall be conducted entirely within the residential dwelling. Outside activity, storage, or display is prohibited, except as provided herein or upon conditional approval of the community development director.
iii. Limitations of use and storage:
(a) The floor area used for such occupation or profession shall not exceed four hundred (400) square feet in any case - within the residence.
(b) Storage of goods and materials may be stored in the garage when such storage does not limit or prohibit the parking of automobiles.
(c) Storage of goods and materials may be stored in approved accessory structures per Arvin city code.
(d) No occupation may be conducted in the garage area nor in any accessory structure. iv. The proposed occupation shall clearly be incidental and secondary to the residential use of the dwelling, and shall not change the residential character of the dwelling.
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v. Window displays, "show windows," or other exterior display to attract customers, clients, or the general public are prohibited. No exterior sign, except a professional occupation sign one (1') foot by one (1') foot in size, announcing the name and home occupation, affixed to a wall of the primary dwelling.
vi. Exterior alterations of residential dwellings, for the purpose of drawing attention to the business, or in association with the operation of the business, are prohibited. vii. Operation of the business shall not generate vehicular traffic that is not normally associated with residential uses.
(a) Deliveries to the home occupation shall be limited to no more than two (2) deliveries per day. No delivery shall be by vehicles larger than a typical delivery van (FedEx, UPS, etc.). (b) No more than one (1) standard pickup or van, and one (1) utility trailer, as defined below, specifically designated to be used for the home occupation shall park at the subject residence at any time.
(1) "Utility trailer" shall mean and include a vehicle without motive power, not exceeding twenty (20') feet in length, eight (8') feet in width, and thirteen and one-half (13-1/2') feet in overall height, designed so that it can be drawn behind a motor vehicle in accordance with the California Vehicle Code. A private utility trailer, as defined herein, is considered incidental to the owner's residential use of a property. It is not intended to mean truck trailers that would be a single or double trailer to be pulled behind a commercial vehicle or similar tractor-truck vehicle. (2) Adjacent property owner required. Notwithstanding the provisions of subsection (a) of this section, it shall be unlawful for any person to place, keep, maintain, or occupy, or permit to be placed, kept, maintained, or occupied, any utility trailer used in association of a home occupation permit activity, without the permission of the adjacent property owner. (c) In the event outside persons are employed to perform functions of this business away from the premises, parking or storage of employees' vehicles in the neighborhood is prohibited. (d) At least one (1) on-site parking space shall be provided for customers to the business. For the purposes of this section only, parking in a driveway shall meet the definition of a parking space. (e) Parking of vehicles and/or utility trailers shall comply with the Arvin city code. viii. Such occupation or profession shall be conducted by the residents of the premises. ix. The proposed home occupation business shall be limited to no more than two (2) customers at a time and no more than six (6) customers per day, arriving no earlier than 7:00 a.m. and leaving no later than 7:00 p.m.
x. Limitations of use and storage:
(a) The floor area used for such occupation or profession shall not exceed four hundred (400) square feet in any case - within the residence.
(b) Storage of goods and materials may be stored in the garage when such storage does not limit or prohibit the parking of automobiles.
(c) Storage of goods and materials may be stored in approved accessory structures per Arvin city code.
(d) No occupation may be conducted in the garage area nor in any accessory structure.
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
xi. The proposed occupation shall only involve the use of power-driven equipment or chemicals normally incidental to the residential use.
xii. The applicant shall not list or advertise the residence address in the commercial telephone directory, newspaper, radio, or television in connection with the proposed occupation or profession.
xiii. The proposed occupation shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference, or other causes. xiv. Based upon the unique functions and other unique conditions of the home base business, the community development director, or designee, may impose additional conditions as may be deemed necessary to protect the health, safety, and welfare of the residents in the surrounding neighborhood.
Add Section 17.50.170 Cottage Food Operations – Permitted in Private Home of Chapter
17.50 Miscellaneous Regulations to read as follows:
Section 17.50.170. Cottage food operations. An enterprise with gross annual sales limits set forth in subdivision (a) of Section 113758 of the Health and Safety Code, is operated by a cottage food operator and having not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, and conducted within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared and/or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to Section 113758 subdivision (b), subsections (4) and (5) of the Health and Safety Code. A “cottage food operation” includes both of the following:
1. Class A. Cottage food operations may engage only in direct sales of cottage food products from the cottage food operation or other direct sales venues, such as temporary events. A separate permit from the Kern County shall be required to operate a temporary food facility at such events.
A Class A cottage food operation shall not be open for business unless it is registered with the County of Kern.
2. Class B. Cottage food operations may engage in both direct sales and indirect sales of cottage food products, such as a permitted third-party retail food facility. A Class B cottage food operator shall not be open for business unless it obtains a permit from the Kern County. (A. ) Cottage Food Operation. Consistent with the operational requirements set forth in California Health and Safety Code § 114365 et seq., a cottage food operation (CFO) shall comply with the following standards.
1. All applicable provisions of the Municipal Code are made a part of the conditions of approval in their entirety, as if fully contained therein.
2. All CFOs shall obtain a Home Occupation Permit, Section 17.50.160 and shall maintain a City Business Licenses, failure to maintain a City Business Licenses and Kern County Environmental Health regulations shall be cause for revocation of the Cottage Food Industry Operations. Where
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
a conflict exist between Section 17.50.160 and 17.50.170, the requirements of Section 17.50.170 shall prevail.
3. The CFO shall be registered with the Kern County Office of Environmental Health and conform with all regulations of AB 1616.
4. Only foods defined as “non-potentially hazardous” are approved for preparation by CFOs.
The California Department of Public Health will establish and maintain a list of approved cottage food categories on their website, which will be subject to change.
5. There may be one full-time equivalent employee (not counting family members or household members).
6. Class A CFOs are allowed to engage in direct sale, including up to two customers on-site at one time.
7. Class B CFOs may engage in both direct sale and indirect sale of cottage food products.
8. No cottage food product preparation, packaging, or handling may occur concurrent with any other domestic activities, including, but not limited to, family meal preparation, guest entertaining or dishwashing.
9. No infants, small children, or pets may be in the registered or permitted area during the preparation, packaging, or handling of any cottage food products.
10. Equipment and utensils used to produce cottage food products shall be clean and maintained in a good state of repair.
11. All food contact surfaces, equipment, and utensils, used for the preparation, packaging, or handling of any cottage food products shall be washed, and sanitized before each use.
12. All food preparation and food and equipment storage areas shall be maintained free of rodents and insects.
13. No preparation, packaging, storage, or handling of cottage food products and related ingredients and/or equipment shall occur outside of the registered or permitted area.
14. Smoking shall be prohibited in the registered or permitted area during the preparation, packaging, storing, or handling of cottage food products and related ingredients and equipment.
15. A person with a contagious illness shall refrain from working in the registered or permitted area of the CFO.
16. A person involved in the preparation of packaging of cottage food products shall keep his or her hands clean and exposed portions of his or her arms clean and shall wash his or her hands before any food preparation or packaging activity.
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
17. Water used during the preparation of cottage food products shall meet potable drinking water standards.
18. Food preparation shall take place entirely within the permitted area of the residence which is the private kitchen area with storage located in the same structure in residential zone property.
19. A person who prepares or packages cottage food products shall complete a food processor course instructed by the California Department of Public Health within three months of becoming registered or permitted.
20. A CFO shall properly package and label all cottage food products in compliance with the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 343 et seq.) and the Department’s additional labeling requirements.
21. The CFO business shall not involve the use of commercial vehicles for delivery of materials to or from the premises other than a vehicle not to exceed the capacity of one ton, owned by the business owner.
22. Storage of materials and/or supplies related to the business, outside the residence, is not permitted.
23 No signs shall be displayed on the site in connection with the home occupation. There may be advertising on a vehicle that should not exceed three square feet in total. Magnetic signage is recommended.
24. In no way shall the appearance of the dwelling be altered to identify the business and changed the residential character of the existing neighborhood; and
25. There shall be no use of utilities or community facilities beyond the normal use of the property for residential purposes as defined in the zone.
17.50.180 – Neighborhood Serving Commercial Uses.
Neighborhood serving commercial uses are intended to introduce complimentary uses in conjunction with existing and/or proposed single family residential uses in locations where the neighborhood supports such a use and serves the neighborhood. The following standards are designed to allow neighborhood serving commercial uses to be integrated closely with existing and proposed single family residential uses on a small scale. Allowing neighborhood serving commercial uses to be integrated into neighborhoods at appropriate locations and at the same scale as the existing and proposed residential uses is intended to make more efficient use of existing infrastructure capacity and improve walking and biking accessibility to these services by nearby residents.
1. A neighborhood serving commercial use must implement and meet the following criteria:
Support a compact walkable neighborhood with nearby services;
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
a. Separation of neighborhood serving commercial uses by a minimum of one thousand (1,000) feet;
b. Be a development of small scale neighborhood commercial uses to compliment neighborhoods and provide service destinations and jobs close to existing housing; c. Must be compatible with neighborhood commercial uses and existing and/or proposed residential development; and
d. Utilize existing infrastructure and service capacity.
2. A neighborhood serving commercial use must implement and meet the following criteria:
a. Support a compact walkable neighborhood with nearby services; b. Separation of neighborhood serving commercial uses by a minimum of one thousand (1,000) feet;
c. Be a development of small scale neighborhood commercial uses to compliment neighborhoods and provide service destinations and jobs close to existing housing; d. Must be compatible with neighborhood commercial uses and existing and/or proposed residential development; and
e. Utilize existing infrastructure and service capacity.
3. Uses permitted: The following uses are permitted as a neighborhood serving commercial use subject to Chapter 17.60 Site Development Permit, implements and meet the criteria established above, subject to the implementation of the requirements of Chapter 17.70 Site Development Standards, and also meeting the standards as listed in this section:
a. Other neighborhood serving commercial not listed below may be permitted by conditional use permit where it can be demonstrated that the proposed use meets the criteria identified above and all requirements of this section.
i. Neighborhood convenience retail in conjunction with existing or proposed single family residential uses as listed below:
ii. Food sales (i.e. groceries, bakeries, candy shops, delicatessens); iii. Consumer repair services (i.e. watch, jewelry, musical instrument); iv. General retail sales-convenience; (i.e. convenience market (No off- or on-sale of alcoholic beverages), neighborhood takeout food preparation; and
v. Live-work units.
4. Design standards for permitted non-residential uses. Uses permitted above shall conform to the following design guidelines:
a. Architectural standards: All new development (residential and non-residential) shall be of a design that compliments residences and/or introduces and improves on the design located on the same block and shall follow these design standards;
i. Building materials shall be of siding, brick, stone or other materials that are similar in composition and otherwise in common with other buildings located in the area. ii. Colors shall compliment other buildings in the area.
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
iii. The primary entrance shall be from the front sidewalk, front corner entrances may satisfy this requirement. Secondary entrances may be allowed in the rear where there is rear parking. iv. To support the privacy of existing residences, windows on the portion of a side wall directly opposite an existing residence shall be limited to obscure glass or similar material approved or windows that are above sightline in both buildings.
v. New buildings shall be compatible with the existing residential uses on the block and must use at least three (3) design elements found in other buildings within the neighborhood on facades facing public streets.
b. Signage: Shall be of a scale and of materials that are compatible with the existing residential uses while allowing the business to be identified from the sidewalk and street. i. Maximum sign area allowed shall be the one-half (½) of the building width in square feet:
building width/2 = X sq. ft.
ii. May not be translucent or lighted from within. They may be lighted with exterior lights during hours of operation.
iii. Window signs may not be larger than one (1) square foot. iv. Lighted window signs may only be lit during hours of operation. v. Lighted signs may not flash, blink or otherwise move. c. Exterior lighting: Shall be compatible with residences located on the same block and; i. Exterior lighting must be hooded or shielded. There should be no disability glare and no direct light source should be visible from ground level or above across the source property line if it is adjacent to residential or vacant property.
5. Building, lot, location and other standards: Uses permitted above shall conform to the following guidelines:
a. Location and access:
i. Permitted non-residential uses shall be located in a neighborhood where no similar services are provided within one thousand (1,000) feet;
ii. Must be located on a corner lot of sufficient size to meet the requirements of Chapter 17.70 Site Development Standards;
iii. Must provide a minimum of five hundred (500) square feet of open space for the existing and/or proposed single family residential unit.
iv. Conditionally approved non-residential uses not listed in Sub-Subsection B above, must be found to be compatible with and to impose no adverse impact upon adjacent residential uses and meet all of the requirements of this Subsection.
b. Parking: The following vehicle parking standards shall be met:
i. On-street parking may be credited toward the minimum parking requirements. ii. All off-street parking must be provided in the rear or side yards and screened by an opaque wall or landscaping at least three (3) feet in height. No parking is allowed in the front or side yard setback.
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
iii. No commercial vehicle may be parked on the street or on the premises overnight except in an enclosed garage.
c. Bicycle parking: Shall be provided near the front entrance and covered where possible. i. For each four hundred (400) square feet of neighborhood commercial use there shall be one (1) bicycle space.
ii. Each bicycle parking space shall be sufficient to accommodate a bicycle at least six (6) feet in length and two (2) feet wide, and shall be provided with some form of stable frame permanently anchored to a foundation to which a bicycle frame and both wheels may be conveniently secured using a chain and padlock.
d. Other standards:
i. Hours of operation: shall be limited from 6:00 a.m. to 10:00 p.m. ii. Outdoor storage: No outdoor storage shall be permitted. iii. Waste containers: All waste containers larger than allowed residential containers or numbering more than two (2) per building shall be enclosed by a wall or opaque screening.
6. Setbacks, height requirements for new or enlarged buildings. The setback and height requirements for a new or redeveloped building shall be:
a. Yard setback:
i. Shall meet the minimum yard setback as required in the R-1 Zone District; ii. Outdoor seating may be located in the front, rear and side yard setback but must be screened from adjacent residential uses.
b. Building height: Proposed new or enlarged building shall meet the following; i. When located between two (2) existing buildings the maximum height measured at the highest point along a roof or highest ridge line of the proposed building may be no higher than five (5) feet above the average height of the adjacent buildings measured in a like manner. ii. When located adjacent to an existing building and on a corner lot or next to a vacant lot the maximum height measured at the highest point along a roof or highest ridge line of the proposed building may be no higher than five (5) feet above the adjacent building or the average height of the adjacent building and the underlying zone measured in a like manner. iii. When located on a corner lot and next to a vacant lot the maximum height measured at the highest point along a roof or highest ridge line of the proposed building may be no higher than five (5) feet above the average height of all buildings on the block measured in a like manner or of the underlying zone.
(Ord. 309, 1998: Ord. 199 (part), 1985)
(Ord. No. 376, 2008; Ord. No. 421, § 2, 7-7-2015; Ord. No. 458, § 2, 3-26-2019) Add Section 17.50.190 Urban Two-Unit Development: Urban Two-Unit development for property meeting the requirements of Government Code Section 65852.21 can ministerially develop one (1) Primary Dwelling Unit and one (1) Urban Primary Dwelling Unit, (plus one (1)
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
Accessory Dwelling Unit (ADU) and one (1) Junior Accessory Dwelling (JADU) – maximum four (4) units subject to the provisions of Section 17.50.130 – Single-family dwellings, Accessory Dwelling Units, and manufactured homes – Development/architectural standards and meeting the following requirements:
(1) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years. (2) The parcelsubject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(3) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
a. If a local ordinance allows - demolition of more than 25 percent of the existing exterior structural walls is permitted.
b. The site has not been occupied by a tenant in the last three years. c. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (4) No standards herein adopted shall not preclude the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. a. Notwithstanding the above, no setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
b. Notwithstanding the above, in all other circumstances not described in clause (i), the required setback of up to four feet from the side and rear lot lines. c. Front yard setbacks shall be as provided in the zone district where two-unit development is permitted.
(5) Off-street parking of up to one space per unit shall be required, except that no off-street parking shall be imposed in either of the following instances:
a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
b. There is a car shared vehicle located within one block of the parcel. (6) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified,
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
within the last 10 years.
(7) The City Building Official may deny a proposed housing development projects if written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(8) Rental of any unit created under the urban two-unit development shall be a term longer than 30 days.
(9) Notwithstanding Section 65852.2 (Accessory Dwelling Units) or 65852.22 (Junior Accessory Dwelling Units), a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (10) Notwithstanding subparagraph (8), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (11) Units constructed pursuant to this section shall be included in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(12) For purposes of this section, all the following apply:
a. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (13) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the city, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(14) Urban Lots created as provided under Title 16, Chapter 16.06 Urban Lot Splits shall not exceed two (2) lots. Each lot created by an Urban Lot Split shall be limited to two dwellings on each lot. Example: Existing lot that is zoned for a single-family development may be ministerially subdivided into two lots and shall be identified as UL Parcel 1 and UL Parcel 2. UL Parcel 1 may be developed with one primary dwelling unit and one ADU and UL Parcel 2 may be developed with one primary dwelling unit and a JADU. Maximum of four (4) dwelling units may be developed on UL Parcel 1 and UL Parcel 2. Urban Lots created under Title 16 Subdivision, Chapter 16.06 Urban Lot Splits are subject to the City of Arvin’s Development Impact Fees and require separate utility connections. Once an Urban Lot is created, no additional land divisions
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
are permitted.
(15) Prior or concurrent to the ministerial approval of a residential development on a Urban Lot created under Title 16 - Subdivision Chapter 16.06 Urban Lot Splits documentation shall be submitted at the time of submittal of a building permit which document compliance with the requirements of Title 16 - Subdivision, Chapter 16.06 Urban Lot Splits. Submitted documentation of compliance required by Title 16 Subdivision, Chapter 16.06 Urban Lot Splits shall be in a form as may be required by the City Planner.
Section 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
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. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning, Ordinance Adopting ZCA 2023-05 – Title 17 Zoning Adding & Amending Various Chapters
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 09th day of April 2024, and adopted the Ordinance after the second reading at a regular meeting held on the 23rd day of April 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
DANIEL BORRELI, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
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.
5.B.2
Attachment: 2-OrdAmend Title 17 Zoning - 2-Unit Dev SB9 (Public Hearing: Second Reading & Adoption - Ord re ZCA 2023-05 Title 17 Zoning,
NOTICE BY THE ARVIN CITY COUNCIL
OF ITS INTENT TO ADOPT AN ORDINANCE
NOTICE IS HEREBY GIVEN that on April 23, 2024, at 6:00 pm, or as soon after as the matter may be heard, the City Council of the City of Arvin intends to adopt an Ordinance, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
ADOPTING ZCA 2023-05 – TITLE 17 ZONING; ADDING AND AMENDING VARIOUS CHAPTERS AND SECTIONS THAT: UPDATES CHAPTER 17.02
TITLE AND DEFINITIONS ADDING NEW DEFINITIONS AND DELETING OUTDATED DEFINITIONS; AMENDS CHAPTER 17.06 ZONES AND ZONING MAP BY AMENDING THE R-1 ZONE TITLE; AMENDS CHAPTER 17.08 R-1
ZONE ADDING TWO-DWELLING UNIT DEVELOPMENT FOR SINGLE
FAMILY ZONED PROPERTIES AND VARIOUS MISCELLANEOUS
AMENDMENTS; AMENDS CHAPTER 17.50 MISCELLANEOUS
REGULATIONS BY ADDING SECTION 17.50.160 HOME OCCUPATIONS PERMITS, SECTION 17.50.170 COTTAGE FOOD OPERATIONS AS WELL AS
DELETING OUTDATED REQUIREMENTS AND ACKNOWLEDGE THAT
THE CODE AMENDMENT IS STATUTORILY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The City shall hold its second public hearing at 6:00 p.m. on Tuesday, April 23, 2024, at the Council Chambers, 200 Campus Drive, Arvin CA 93203 regarding the adoption of the Ordinance.
Summary of Title 17 Zoning Additions and Amendments as required by Senate Bill SB9 and miscellaneous additions and amendments to Chapters 17.02, 17.06, 17.08, and 17.50. The code additions and amendments focus on the amendments to the City of Arvin Title 17 Zoning by amending Chapter 17.08 R-1 Zone adding Two-Dwelling Unit development for single family zoned properties and various misc. amendments. Additional amendments and additions are to Chapter 17.02 Title and Definitions adding new definitions, Chapter 17.06 Zones, and Zoning Map by amending the R-1 zone title; Chapter 17.50 Miscellaneous Regulations by adding Section 17.50.160 Home Occupations Permits, Section 17.50.170 Cottage Food Operations, Section 17.50.180 Neighborhood Serving Commercial Uses, Section 17.50.190 Urban Two-Unit Development as well as deleting outdated requirements.
The Summary Ordinance is posted in compliance with Government Code Section 36933, at least five (5) days prior to the public hearing of April 23, 2024. A copy of the full text of the Ordinance is available for review in the Office of the City Clerk, City of Arvin, 200 Campus Drive, Arvin, CA 93203. A copy is also available on the City’s website at www.arvin.org. Anyone having questions may contact the City Clerk at (661) 854-3134.
/s/
Cecilia Vela, City Clerk
City of Arvin
Posted: April 11, 2024
5.B.3
Attachment: PHN - Notice of Intent to Adopt Ordinance re Title 17 Zoning 2-Unit Dev SB9_POSTED April 11, 2024 (Public Hearing: Second
Staff Report Comanche & Varsity Project – GPA 2024-01 and ZC 2024-01.
CITY OF ARVIN
City Council
Staff Report
Meeting Date: April 23, 2024
TO: Arvin City Council
FROM: Chris Soriano, City Planner
Jeff Jones, City Manager/Finance Director
SUBJECT: A Public Hearing to Consider:
1) Adoption of A Resolution of the City Council of the City of Arvin for Approval of General Plan Amendment 2024-01 – 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 2024-01 – 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 2024-01 and Zone Change 2024-01 for the Comanche Drive and Varsity Avenue 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 of the Housing Element Goals which has identified the need for additional lands for high density housing to accommodate future growth. The City Council on May 23,2023 voted 2-2 no action. City Staff are recommending the City Council to reconsider and approve.
The project under consideration proposes to amend the general plan land use designation of the property located at the southeast corner of Comanche Drive and Varsity Avenue from Low Density Residential to High Density Residential and to rezone the property from R-1-PUD – Single Family Dwelling Planned Urban Development to R-4 Multiple Family Dwelling. 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, 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.
5.C.1
Attachment: Staff Report GP & ZC 2024-01 CC Mtg 042324 (GP & ZC 2024-01 Comanche & Varsity)
Staff Report Comanche & Varsity Project – GPA 2024-01 and ZC 2024-01.
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
SUMMARY OF PROJECT INFORMATION:
Project Address: No Address Assigned
Project Location: The Project site is located on the southeast corner of Comanche Drive and Varsity Avenue.
Assessor Parcel No. and
Size:
The site consists of one (1) parcel identified by the Kern County Assessor as Assessor’s Parcel Number (APN) 190-020-38
totaling approximately 2.84 +/- acres.
Zoning: ( R-1 PUD) R-1 – Single Family Dwelling Zone District and has a PUD - Planned Urban Development Zone District overlay General Plan Land Use
Designation
Low Density Residential
PROJECT SITE LOCATION:
The Project site is in the jurisdiction of the City of Arvin, Kern County, California. The site is located on the southeast corner of North Comanche Drive and Varsity Avenue and the site consists of one (1) parcel identified by the Kern County Assessor as Assessor’s Parcel Number (APN) 190- 020-38 totaling approximately 2.84 acres.
5.C.1
Attachment: Staff Report GP & ZC 2024-01 CC Mtg 042324 (GP & ZC 2024-01 Comanche & Varsity)
Staff Report Comanche & Varsity Project – GPA 2024-01 and ZC 2024-01.
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, 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. 2024-01 and Rezone No. 2024-01 for Comanche Drive and Varsity Avenue (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.
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 30 dwelling units per acre, which is consistent with the modifications to the High-Density Residential land use designation under the proposed General Plan Amendment and the modifications to the R-4 zone district under the proposed Development Code Text Amendment. With this assumed maximum density, buildout of the Project site could yield a maximum of 85 multi-family residential units (calculation: 30 dwelling units per acre multiplied by 2.84 acres equals 85.2 units).
The Precision Civil Engineering, Inc. (PCE), under contract with the City of Arvin, has prepared a series of analysis that have analyzed the potential infrastructure and service needs and has completed an appropriate environmental study which is applicable to proposed project. Various analysis 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.
5.C.1
Attachment: Staff Report GP & ZC 2024-01 CC Mtg 042324 (GP & ZC 2024-01 Comanche & Varsity)
Staff Report Comanche & Varsity Project – GPA 2024-01 and ZC 2024-01.
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.
GENERAL PLAN LAND USE AMENDMENT AND ZONE CHANCE - PROJECT OVERVIEW – SITE INFOMRATION:
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 improvements are limited to Varsity Avenue which has curb, gutter, and sidewalk along the frontage. Improvements along Comanche Drive are limited to existing overhead electricity.
NO frontage improvements exist.
5.C.1
Attachment: Staff Report GP & ZC 2024-01 CC Mtg 042324 (GP & ZC 2024-01 Comanche & Varsity)
Staff Report Comanche & Varsity Project – GPA 2024-01 and ZC 2024-01.
The Project site is vacant and generally surrounded by a mix of agricultural and residential uses.
There are existing single-family residential subdivisions to the south and east and agricultural land to the north and west. The properties to the south and east are planned and zoned for low-density residential uses, the property to the north is planned and zoned for a school, and the property to the west is within the County and is planned for mineral and petroleum uses and is zoned Agriculture.
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 Agricultural Schools SCH-CUP School Conditional Use Permit
South Single-Family
dwellings
Low Density
Residential
R-1 Single Family Dwelling/PUD
Planned Urban Development
East Single-family
dwellings
Low Density
Residential
R-1 Single Family Dwelling/PUD
Planned Urban Development
West Agricultural 8.4 – Mineral and
Petroleum (County) A - Agriculture (County)
5.C.1
Attachment: Staff Report GP & ZC 2024-01 CC Mtg 042324 (GP & ZC 2024-01 Comanche & Varsity)
Staff Report Comanche & Varsity Project – GPA 2024-01 and ZC 2024-01.
EXISTING GENERAL PLAN LAND USE DESIGNATION AND ZONING:
Currently, the 2018 Arvin General Plan Land Use Designation is Low Density Residential “the Low-Density Residential land use designation allows traditional single-family and two-family homes in the City of Arvin with one to ten dwelling units per acre. Residences in this category consist generally of single-family detached houses with private yards.
The maximum density range of the Low-Density Residential land use designation is 6 to 10 units per acre. The project site is currently zoned R-1-PUD – Single Family Dwelling with Planned Urban Development overlay as shown below.
5.C.1
Attachment: Staff Report GP & ZC 2024-01 CC Mtg 042324 (GP & ZC 2024-01 Comanche & Varsity)
Staff Report Comanche & Varsity Project – GPA 2024-01 and ZC 2024-01.
Existing General Plan Land Use Designation- LD Existing Zoning Classification – R-1 PUD PROPOSED GENERAL PLAN LAND USE DESIGNATION AND ZONING:
The City of Arvin proposes General Plan Amendment (GPA) 2024-01 to change the land use designation from Low Density Residential to High Density Residential in order to facilitate higher density, multi-family residential development. According to the General Plan, “the High-Density Residential developments consist typically of multi-family housing projects such as apartments and condominiums. Areas designated High Density Residential are to be integrated thorough the community adjacent to transportation, community services, and commercial developments. A minimum residential density development shall be 21 units per acre. Should development be proposed at a lower than minimum density, it shall be the responsibility of the developer to add additional lands to the High-Density Residential Land Use Designation and rezone alternative sites to offset the loss of housing opportunities for affordable housing. The replacement of the site(s) for housing opportunity shall occur prior to or concurrent with the development of lower density residential or alternative land use development. Typical zoning designation is R-4.” The current residential density range of the High-Density Residential land use designation is 16 to 24 dwelling units per acre.
With this assumed maximum density, buildout of the Project site could yield a maximum of 85 multi-family residential units (calculation: 30 dwelling units per acre multiplied by 2.84 acres equals 85.2). The proposed zone changes of the 2.84 +/- Acres to R-4 – Multiple Family Dwelling zone district will permit a residential density range of up to 68 to 85 residential units.
5.C.1
Attachment: Staff Report GP & ZC 2024-01 CC Mtg 042324 (GP & ZC 2024-01 Comanche & Varsity)
Staff Report Comanche & Varsity Project – GPA 2024-01 and ZC 2024-01.
Proposed General Plan Land Use Designation –
High Density Dwelling
Proposed Zoning Classification – R-4
Multiple Family Dwelling
PUBLIC HEAING NOTICE AND NOTICE TO THE SURROUNDING PROPERTIES:
Public hearing notice was published on April 2, 2024, providing a minimum 10-day review, in accordance with Government Code Sections 65355 and 65090. (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 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
5.C.1
Attachment: Staff Report GP & ZC 2024-01 CC Mtg 042324 (GP & ZC 2024-01 Comanche & Varsity)
Staff Report Comanche & Varsity Project – GPA 2024-01 and ZC 2024-01. 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 adoption of the resolution amending the General Plan Land Use Element GPA 2024-01 and Zone Change 2024-01 be approved.
Three Actions are recommended:
1. Approve the attached Resolution of the City of Arvin City Council Approval General Plan 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.
2. Introduce and waive the 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 2024-01- 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. Approve the attached Resolution of the City of Arvin City Council for the associated Mitigated Negative Declaration AND Mitigation Monitoring Reporting and Applicable Program for GPA 2024-01 and ZC 2024-01 for the Comanche Drive and Varsity Avenue Project.
5.C.1
Attachment: Staff Report GP & ZC 2024-01 CC Mtg 042324 (GP & ZC 2024-01 Comanche & Varsity)
Staff Report Comanche & Varsity Project – GPA 2024-01 and ZC 2024-01.
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 City Council of the City of Arvin Approving General Plan Amendment 2024-01.
• Ordinance of the City Council - Uncodified Ordinance of the City of Arvin City Council Adopting Zone Change 2024-01 – SE Comanche Drive and Varsity Avenue Project. • Resolution of the City of Arvin City Council Adopting Mitigation Monitoring and Reporting Programs for GPA/ZC 2024-01 – Comanche Drive and Varsity Avenue.
Documents on file at City Clerk’s Office:
1. Initial Study – City of Arvin General Plan Amendment No. 2024-01 for Varsity Avenue and Comanche Drive (Arvin, Ca) [appendices A, B, and C]
2. Public Hearing Notice– Notice of Intent to Adopt a Mitigated Negative Declaration for CC Meeting of April 23,2024.
3. Filing Notice of Intent with Kern County Clerk’s Office to adopt a Mitigated Negative Declaration – Planning Commission meeting of May 2, 2023.
5.C.1
Attachment: Staff Report GP & ZC 2024-01 CC Mtg 042324 (GP & ZC 2024-01 Comanche & Varsity) Reso - Approval of GPA 2024-01 Comanche Dr & Varsity Ave - CC Mtg 04/23/24
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN FOR APPROVAL OF GENERAL PLAN AMENDMENT 2024-01 – 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 ASSOCIATED
MITIGATED NEGATIVE DECLARATION
WHEREAS, the City of Arvin (the “City”) has an adopted General Plan; and WHEREAS, the City of Arvin has submitted applications to amend the General Plan Land Use Element for Assessor’s Parcel Number (APN) 190-020-38 totaling approximately 2.84 acres Low Density Residential to High Density Dwelling Residential; and WHEREAS, the requested zone change is as follows: Assessor’s Parcel Number (APN) 190-020-38 totaling approximately 2.84 acres from R-1-PUD, Single Family Dwelling with Planned Urban Development Overlay to R-4 High Density Dwelling 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 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 analysis 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; and
5.C.2
Attachment: Resolution GPA 2024-01 Comanche and Varsity_CC Mtg 042324 (GP & ZC 2024-01 Comanche & Varsity) Reso - Approval of GPA 2024-01 Comanche Dr & Varsity Ave - CC Mtg 04/23/24
WHEREAS, copies of the environmental document and general Plan Amendment 2024- 01 Comanche Drive and Varsity Avenue 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, the City properly noticed the April 23, 2024, hearing before the City Council for the proposed Amendment pursuant to Government Code sections 65090 by posting the notice in three (3) public places within the city; and
WHEREAS, proof of the published public hearing notice is on file at the City Clerks’ office; and
WHEREAS, the project, including General Plan Amendment 2024-01, 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 hereby 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 serves 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.
The City Council, that the City Manager, or designee, to execute and file with the Kern County Clerk, within five business days of the final adoption of the resolution an approval
5.C.2
Attachment: Resolution GPA 2024-01 Comanche and Varsity_CC Mtg 042324 (GP & ZC 2024-01 Comanche & Varsity) Reso - Approval of GPA 2024-01 Comanche Dr & Varsity Ave - CC Mtg 04/23/24
of the project a Notice of Determination that complies with CEQA Guidelines, section 15075.
2. The City Council find that it is in the public interest to amend the General Plan Land Use Diagram as proposed by General Plan Amendment 2024-01 and the City Council approve the General Plan Amendment 2024-01 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 23rd day of April 2024 by the following vote:
AYES:________________________________________________________________________ NOES:________________________________________________________________________ ABSTAIN: ____________________________________________________________________ ABSENT: _____________________________________________________________________ ATTEST
CITY OF ARVIN CECILIA VELA, City Clerk
By:
DANIEL BORRELI, 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.
5.C.2
Attachment: Resolution GPA 2024-01 Comanche and Varsity_CC Mtg 042324 (GP & ZC 2024-01 Comanche & Varsity) Reso
- Approval of GPA 2024-01 Comanche Dr & Varsity Ave- CC Mtg 04/23/24
EXHIBIT A
GENERAL PLAN LAND USE DESIGNATION: HIGH DENSITY RESIDENTAIL AMENDMENT GPA 2024-01- COMANCHE DRIVE AND VARISTY AVENUE ASSESSOR PARCEL NUMBER: 190-260-38 (2.84 Acres)
5.C.2
Attachment: Resolution GPA 2024-01 Comanche and Varsity_CC Mtg 042324 (GP & ZC 2024-01 Ordinance Amending Official Zoning Map - Zone Change 2024-01 R-4 Multiple Family Dwelling (Comanche Drive & Varsity Ave)
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
2024-01-COMANCHE DRIVE AND VARSITY AVENUE. THE
ORDINANCE PROPOSES A ZONE CHANGE FROM R-1 SINGLE
FAMILY DWELLING – PUD PLANNED URBAN DEVELOPMENT TO R4 MULTIPLE FAMILY RESIDENTIAL, UNCODIFIED ORDINANCE.
WHEREAS, the City of Arvin (the "City") has an adopted General Plan and zoning ordinance; and
WHEREAS, the requested zone change areas are as follows: Assessor’s Parcel Number (APN) 190-020-38 totaling approximately 2.84 acres from Low Density Residential to High Density Dwelling Residential; and
WHEREAS, the City has proposed 2.84 Acres rezone from R-1-PUD, Single Family Dwelling with Planned Urban Development Overlay to R-4 High Density Dwelling 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 2024-01 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 2024- 01 Comanche Drive and Varsity Avenue 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,
5.C.3
Attachment: Ordinance ZC 2024-01_CC Mtg 042324 (GP & ZC 2024-01 Comanche & Varsity) Ordinance Amending Official Zoning Map - Zone Change 2024-01 R-4 Multiple Family Dwelling (Comanche Drive & Varsity Ave)
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, the City properly noticed the April 23, 2024 City Council meeting to consider the proposed General Plan Amendment 2024-01; and
WHEREAS, proof of the published 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 2024-01 is warranted given public necessity, convenience, general welfare, and good zoning practices; and
WHEREAS, the City Council intends to adopt Zone Change 2024-01, 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 2024-01.
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 2024-01. 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 2024-01 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 2024-01, 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 2024-01 is physically suitable for the proposed type of and intensity of development in that the site is flat with no unique geologic characteristics visible.
5.C.3
Attachment: Ordinance ZC 2024-01_CC Mtg 042324 (GP & ZC 2024-01 Comanche & Varsity) Ordinance Amending Official Zoning Map - Zone Change 2024-01 R-4 Multiple Family Dwelling (Comanche Drive & Varsity Ave)