NOTICE OF EXEMPTION
Filing of Notice of Exemption
in Compliance with Section 15062 of the
California Environmental Quality Act-Title 17
Zoning – Housing Implementation Programs.
NOTE: Place in project file until approved – then file
with Kern County Clerk and ceqasubmit.opr.ca.gov
AFFIDAVIT OF FILING AND POSTING
Court Records Supervisor Office of the County
Clerk
I declare that I received and posted this notice on the filing date as required by California Public Resources Code Section 21152(c). Said Notice will remain posted for 35 days for the filling date.
TO: COUNTY CLERK
County of Kern
1115 Truxtun Ave. 1st Floor
Bakersfield, CA 93301
FROM: City of Arvin
City Clerk, P.O. Box 548
200 Campus Drive, Arvin, CA 93203
661-854-3134 Office, 661-854-0817 Fax
TO: ceqasubmit.opr.ca.gov
File after project is approved.
Project title: ZCA 2025 - Approve Zoning Code Amendment 2025 amends Title 17 Zoning – Chapter 17.055 Multiple Family Residential Design Review Ministerial Permits, implementing Housing Element Programs 13 v and 13x,
Project location: City Wide Project location: City Wide Project location: City Wide Township/Range: T31S R29E Section 26 Latitude and Longitude: 35.21007° N /118.82603° W Nearest Railroad: Southern Pacific Railroad Nearest State Hwy: Hwy 223 Nearest School: Arvin High School Description of nature, purpose, and beneficiaries of project: The City of Arvin Title 17 Zoning Chapter 17.055 Multiple Family Residential Design Review Ministerial Permits implements programs 13v and 13x. Program 13v allows by right the development of multifamily on APN 192-170-06 and Program 13x allows religious institution-affiliated housing development projects by right as accessory to permitted religious institution uses, consistent with Assembly Bills 1851 and 2244..
Name of public agency approving
project:
City of Arvin, CA – City Council Ordinance No. 2025-XX [Month Day, 2025] Name and person or agency
carrying out the project
Jake Raper, Contract Planner, Community Development Department, 165 Plumtree Drive, Arvin, CA 93203 Email: [email protected]; Phone 805-234-7908 Exempt status: CEQA Guidelines, General Rule Exemption Section 15061(b)(3), Reasons why the project is exempt: The additions, amendments, and deletions to Title 17 Zoning can be seen with certainty that there is no possibility that it will have a significant effect on the environment, as the proposed ordinance merely amends the existing Arvin Municipal Code which establish new and amended ordinances for the permitting and regulation of certain uses within the city. All environmental impacts of which will be assessed on a use-specific basis. (CEQA Guidelines § 15061(b)(3)).
The code amendments: are not located next to any scenic highway or resources; nor located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; the code amendments do not include physical development; the code amendments do not affect any site that could qualify as historical resources; no structures are to be demolished due to the adoption of the code amendments; nor would the code amendments have a significant adverse impact on a historic resource. The City Council finds that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this Ordinance. For all the foregoing, including evidence in the administrative record, the City Council of the City of Arvin adopts General Rule Exemption Section 15061(b)(3).
Contact person: Isaiah Medina, Project Coordinator/Planning Consultant, Community Development Department, Planning Division, 141 Plumtree Drive, Arvin, CA 93203 Email [email protected]
Signature/Title/ Date:
_______________________________________ /________________________ Jeff Jones, City Manager/Finance Director Date
Record available to General Public: This is to certify that the environmental document and record of project approval is available to the General Public at City of Arvin, City Clerk’s Office, 200 Campus Drive, Arvin, California, 93203. This Notice of Exemption and its supporting documents may be reviewed/obtained during normal working hours at the above address. The filing of a Notice of Exemption and the posting on the list of notices start a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. Refer to Section 15061(d) for filing instructions.
6.B.8
Attachment: Att 5 - NOE ZCA 2025 Housing Implementaton -Title 17 Zoning (Public Hearing: ZCA Amendment 2025 Amending Chapter 17.055
CONSIDERATION OF AN APPEAL OF
PLANNING COMMISSION ACTION
Pertaining to the Conditions of Approval for
CUP 2024-Solar Array and SDP-Arvin CSD Solar Array
CITY OF ARVIN
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP • Conditional Use Permit 2024-Solar Array and Site Development Permit 2024-ACSD Solar Array were conditionally approved by Planning Commission on December 17, 2024. • The Applicant appealed the Commission’s decision and an appeal hearing in front of City Council was held on January 28, 2024.
• At the end of the appeal hearing, City Council directed Staff to remove all discretionary Conditions of Approval for the Project, except for proposed street improvements on Celestial Way.
• City Council directed Staff to work with the Applicant and come to an agreement regarding the street improvements along Celestial Way.
Background
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP • 1-31-25: Following the City Council meeting, staff met internally (Planning and Engineering) to determine appropriate revised conditions given Council Direction. • 2-6-25: City finalized initial draft conditions. City staff spoke with ACSD on the phone and generally discussed our comprise on Celestial Way. Discussed setting up a meeting. • 2-6-25: In follow up email, ACSD requested City’s proposed conditions (in writing) • 2-10-25: Staff sent draft conditions to ACSD
• 2-12-25: Staff sent ACSD City standards referenced in COAs • 2-14-25: Improvement Drawing/Exhibit sent to ACSD
• 2-18-25: Staff and ACSD met to walk through draft conditions. Staff added notes to revise conditions and ACSD said they would also send redlined conditions. • 2-19-25: ACSD sent 2 revised conditions (Celestial and Fence condition). Staff sent revised conditions and resolution drafts (in redline form). All conditions and changes the applicant requested with the exception of requirements along Celestial Way (including landscaping and fencing setback) and easement condition removed or modified. • 2-20-25: Staff report due to City Clerk, conditions finalized, • 2-20-25: Appeal letter sent. Staff revised staff report and incorporated appeal letter and revised conditions (to extent possible) and revised resolution.
City and Applicant Correspondence
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP • Staff has removed all discretionary conditions from the Conditions of Approval, aside from requirements along Celestial Way.
• Staff proposed that the Applicant improve the project’s frontage along Celestial Way with a partial-width road, curb, gutter, sidewalk, and landscaping. Staff also proposed a 5-ft wide walking path connecting the sidewalk to Rayo de la Luna to the west.
• Staff also proposed the Applicant install an all-weather access road along Meyer Street and the Unnamed Road with turnaround to provide access.
Staff has agreed to this condition.
Staff’s Recommended Conditions of Approval
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP Staff’s Recommended Conditions of Approval
Figure: Improvements proposed by Staff
24-ft wide
all-weather
access road
Partial-Width
Street, Curb,
Gutter, and
Sidewalk-
south side
only
Streetlights,
street trees,
landscaping
5-ft wide
paved ADA
Walking Path
Compacted
Dirt
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP
17.60.040 - Application—Criteria for review. (Site Development Permits)
A…. In reviewing any such application, the following should be considered:
1. Compliance with all applicable laws and ordinances;
2. Compliance with all applicable city policies duly adopted by a majority vote of the planning commission or the city council; and
3. Conformance to latest accepted planning and engineering standards covering the following area: site layout, building appearance and structural design, landscaping, water and sewer service and other utilities, surface drainage and erosion control, fire protection, access, traffic circulation and parking.
Justification for Conditions
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP
17.60.040 - Application—Criteria for review. (continued) The City has the ability to require these improvements given that both the Site Development Permit (and Conditional Use Permit) are discretionary actions. This means that Council has some discretion when it comes to imposing conditions of approval.
In determining what is appropriate, along with the code provision cited above, Council can look to Section 17.60.040 of the municipal code which outlines the criteria for reviewing a Site Development Permit. Item B of this code section states that “B. Before approving or conditionally approving any such application, the city planner 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.”
Frontage improvements are typically required when vacant land is developed or expansions over 25% occur. If the applicant does not install these improvements as part of this project, this street will remain a blocked off dirt road for the next 30-40 years, causing a significant impact to the “health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood”. Adding a condition that will ensure that the project will no be detrimental to the neighborhood is justified in order for Council to make this finding.
Justification for Conditions
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP
17.60.060 - Attachment of conditions. (Site Development Permits) In granting a site development permit, the city planner, planning commission or city council shall attach whatever conditions are reasonable and necessary to fulfill the intent and purposes of this chapter. Such conditions and the application as approved shall be a part of such site development permit, and all changes in the use of appearance of land or buildings permitted by such permit shall be in accordance with the specified conditions and application as approved….
Justification for Conditions
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP
17.60.040-C-4 –Site development improvements are required consistent with chapter 17.70.
17.70.010 - Standards adopted.
The following minimum site development standards shall be followed for all developments:
C. Curb, Gutter and Sidewalk. Curb, gutter, and sidewalk shall be constructed as required by the subdivision ordinance when required as part of street improvements.
M. Hardship. The director of planning and building may waive any of the above listed requirements where a documented hardship, not involving economics, exists or where there are unusual circumstances that prevent compliance with any of the required development standards. Additionally, street improvements and construction of curb, gutter, and sidewalks will not be required for individual or cumulative additions constituting less than twenty-five percent (25%) expansion of development existing on the effective date of this chapter.
Justification for Conditions
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP
15.04.050 - Offsite improvement construction required as permit condition.
Whenever a building permit is required pursuant to this chapter, the city may require the construction of certain offsite improvements as a condition to issuance of said permit, and no final building inspection shall be performed or occupancy permit issued until such time as said offsite improvements have been completed and accepted by the city;
provided, however, that where practical difficulties or unnecessary hardships result from the strict application of the requirements of this section, a variance may be granted by the city council upon the application to the city council by the permittee stating the reasons why a variance should be granted.
The scope and installation of offsite improvements required by this section shall be in accordance with the provisions of Chapter 16.16 of this Code and the city's adopted improvement standards.
Justification for Conditions
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP
16.16.70 - Decision maker consideration—Required improvements. (Scope) A. In determining whether to require or not require improvements, the city planner, in consultation with the city engineer ….. shall consider the following factors:
1. Whether the installation of any such improvements would be premature in relation to the public needs of the present and the immediate future;
2. Whether the omission of all or any part of such improvements would be materially detrimental to the public welfare, safety, health or convenience;
3. Whether the omission of all or any part of such improvements would be injurious to property or improvements in the area;
4. The extent to which the improvements are desirable to fulfill public needs emanating from the subdivider’s [applicant’s] proposed use or possible use;
5. The extent to which the community may need protection against potentially bad effects of the proposed use or possible use.
Justification for Conditions
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP
16.16.70 - Decision maker consideration—Required improvements. (Scope) C. The following improvements or any of them may be required by the city planner or city council and if so required, shall be furnished at the subdivider’s [applicant’s] expense:
1. Grading, curbs and gutters, drainage and drainage structures necessary to the proper use and drainage of streets, highways, alleys and ways and to the public safety;
2. Installation and surfacing of streets, highways, alleys and ways;
3. Sidewalks;
4. Sanitary sewer facilities and connections for each parcel or lot created;
5. Water system with mains of sufficient number of outlets to furnish adequate domestic water supply for each parcel or lot created and to provide adequate fire protection to meet local neighborhood needs;
6. Street trees of a type, size, spacing and planting at the time specified by the city engineer;
7. Street name signs;
8. A chain-link fence six (6) feet in height between any subdivision and the right-of-way line of any irrigation canal;
9. Street lighting where and as required by the city engineer.
Justification for Conditions
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP The Goals and Policies of the Circulation Element of the Arvin General Plan specify the following in support of sidewalk improvements
A. Substandard Roadways
• 4. Upgrade existing roadways to current standards wherever right-of-way permits. • 6. Ensure that the circulation system coordinates with the adopted land plan. • 7. Ensure that the circulation system coordinates with regional transportation plans.
C. Roadway Funding
• 12. Developers shall construct roadways along their frontage from centerline to edge of right of way according to the adopted street standards and as identified in the Circulation Element D. Completed Streets
• 13. The City is committed to the implementation of a complete streets system and will integrate a multi-modal approach into the network.
Justification for Conditions- GP Policies
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP Issues Raised by Applicant Regarding Conditions
Celestial Way Improvements will Cost too Much
• Response: With the substantial reduction of requirements along Celestial Way, the City Engineer estimates the improvement costs will be $233,780. This is reasonable given the cost savings over 30-40 years. Represents 3% of the District’s initial loan.
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP Issues Raised by Applicant Regarding Conditions
ACSD Should not be Responsible for Improving the City Sump • Response: Only an AC walkway is required in front of the sump. No curb, gutter, sidewalk and landscaping are required.
Simple proximity of the Project to Celestial Way, does not fulfill the nexus requirement. • Response: The City’s General Plan and Municipal Code include policies requiring urban infrastructure improvements for new development, ensuring orderly growth and community connectivity. The requirement for frontage improvements is standard practice to maintain consistency with these planning principles. While the project may not directly access Celestial Way, the improvements contribute to the long-term functionality of the city’s transportation network.
There simply is no need or legal basis for these improvements to be put in by the CSD. • Response: As shown on previous slides, the requirement is based on several municipal code sections and general plan policies. The City also has a basis to require these in order to make the findings needed the approve a site development permit.
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP Issues Raised by Applicant Regarding Conditions
The School Should have been Required to install the Street • Response: Schools, as a state entity, are not required to go through the planning review process like other types of development, therefore the City may not have had the opportunity to even request this requirement and can’t mandate it.
This is not required on other Public Facility type projects. • Response: Curb, gutter and sidewalks are required and exists in front of most stormwater basins in the City. These are public facilities that are within neighborhoods but do not generate any traffic. (urban) • Kern County- Solar field out off of Backus road paved 2 miles west of Tehachapi willow springs road. (rural) • Kern County- A wind farm on the mountains was required to build 3 miles of 170th street west. (rural) • CUP from Contra Costa County - 7.02 Acre Solar Project – street improvements required (rural) • City of Fresno – Pump Station- Full street and sidewalk improvements required. (urban)
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP • The Applicant requested alternative conditions, the majority of which were incorporated into the revised conditions of approval.
• The Applicant’s requested alternative fencing condition is as follows:
Fencing:
The perimeter of the Project site, without setback, shall be fenced with 6’chain-link fencing without barbed wire or concertina wire. Gates will be placed to allow emergency vehicle access and provide access for City vehicles to access the City’s sump, which is not a part of the development site. The fence shall be tied into the north-east post and the south-west post of the city sump fence. The city sump fence will be repaired along the north-east and south-west portions of the fence. • Staff agrees, and has incorporated this condition with the modification of requiring a minimal (5-foot) setback along Celestial Way to allow for buffer landscaping for screening purposes. • A 20-foot setback for fences over 4-feet high is typically required, so 5-feet is a compromise.
Applicant’s Requested Conditions of Approval
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP • The Applicant’s requested alternative condition related to improvements to Celestial Way is as follows:
Celestial Way Improvements:
Celestial Way is designated a local street. The south one ½ of Celestial Way from Meyer Street to Rayo De La Luna Drive shall be improved to City standards for a local street along with only curb and gutter. Such improvements will only be required when the north ½ of Celestial Way is improved as to City standards for vehicular traffic. The Improvements by the District shall not include decorative fencing, masonry wall, sidewalk, lighting, landscaping and or irrigation. The Solar Array development shall not encroach into the 60 ’ - 0’’ road easement for Celestial Way. A mutually agreed upon Improvement Agreement without security shall be entered into between the District and the City for a term of 20 years from the date of approval of this condition. Such Improvements will not be required to be done by the District after the 20 year time period has elapsed. District shall be given a 6 month notice when ½ street improvements need to be made. • Staff disagrees with this condition as it will result in no street improvements along Celestial Way in the near future and no sidewalks, streetlights, or street trees in the far term. If Council desires this condition, the language can be swapped in the COAs.
Applicant’s Requested Conditions of Approval
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP • Staff and the Applicant were unable to come to an agreement regarding these requested changes and is requesting the City Council make a determination as to which conditions will be incorporated and adopted with approval of the project.
Requested Council Action
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP • Staff recommends the City Council:
• Reopen the Public Hearing;
• Receive any testimony given;
• Close the public hearing;
• Make a determination regarding the Conditions of Approval; and • Adopt a Resolution of the City Council of the City of Arvin approving the Project subject to Revised Conditions of Approval, as amended by the Council.
Recommendation
6.C.1
Attachment: PPT ACSD Appeal Hearing_031125 (Public Hearing: ACSD Approval of CUP
Staff Report re ACSD Approval
CITY OF ARVIN
Staff Report
Meeting Date: March 11, 2025
TO: Arvin City Council
FROM: Isaiah Medina, Consultant Planner
Bonique Emerson, AICP, Consultant Planner
Jake Raper, Consultant Planner
Jeff Jones, City Manager/Finance Director
SUBJECT: A Public Hearing to Consider Approval of Conditional Use Permit 2024-Solar Array and Site Development Permit 2024-Arvin CSD Solar Array Subject to Conditions of Approval.
Staff Recommendation:
Staff recommends the City Council:
1. Open the public hearing;
2. Receive any testimony given;
3. Close the public hearing;
4. Make a determination regarding the Conditions of Approval; and
5. Adopt a Resolution of the City Council approving the Project subject to Conditions of Approval.
Executive Summary:
Conditional Use Permit 2024-Solar Array and Site Development Permit 2024-Arvin CSD Solar Array were conditionally approved by Planning Commission on December 17, 2024. The Applicant (Arvin Community Services District) filed an appeal on December 26, 2024, relating to the Conditions of Approval that were approved by the Planning Commission, specifically the Conditions relating to the Fiscal Impact Payment and street frontage improvements along Celestial Way, Meyer Street, Rayo de la Luna Drive, and the Unnamed Road. An appeal hearing was scheduled by the City Council for January 28, 2025. At said appeal hearing, Staff presented their reasoning for why the Conditions of Approval were justified and the Applicant provided their reasoning for why the Conditions should be removed.
Upon the conclusion of the hearing, Council directed Staff to remove all discretionary conditions of approval (including the Fiscal Impact Payment and street improvements), with the exception of the street improvements along Celestial Way. Council directed Staff to work with the Applicant and come to an agreement regarding the street improvements along Celestial Way.
Staff revised the draft Conditions of Approval and presented them to the Applicant for review. The Applicant presented their requested alternative conditions in a meeting with Staff. Most of these requested changes were incorporated into the draft Conditions of Approval, with the exception the proposed improvement requirements along Celestial Way and the proposed on-site frontage landscaping. Staff and the Applicant were unable to come to an agreement regarding these
6.C.2
Attachment: Staff Report ACSD Solar Array_031125 (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar
Staff Report re ACSD Approval
requested changes. Staff is requesting the City Council to make a determination as to which conditions will be incorporated and adopted with approval of the project.
Background:
SitelogIQ, on behalf of the Arvin Community Services District, has filed Conditional Use Permit Application 2024-Solar Array and Site Development Permit Application 2024-Arvin CSD Solar Array pertaining to the development of a 6.84-acre solar array field located at the southwest corner of Meyer Street and Celestial Way, south of El Camino Real Elementary School.
Conditional Use Permit 2024-Solar Array proposes to permit the proposed use of a ground mounted solar array on land zoned R-1 Single Family Dwelling.
Site Development Permit 2024-Arvin CSD Solar Array proposes to develop a portion of APN 189- 353-07 (Project site) with a 6.84-acre rotating ground mounted solar array and underground utility easements for the extension of electrical service from the solar array to the existing water well sites on APNs 189-353-09 and -08 which are owned and operated by the ACSD.
Appeal of Arvin Planning Commission Action
On December 17th, 2024, the Planning Commission conducted a public hearing for the Arvin Community Services District Solar Array project. At the Public Hearing, Staff presented the report and recommended conditions of approval, which included the requirements to pay a Fiscal Impact Fee based on the City’s established Residential Development Impact Fees and to enter into an Improvement Agreement for immediate and future street and infrastructure improvements. After Staff gave their report, a representative of the Applicant’s Project Management team, SitelogIQ, as well as the District’s Board President raised objections to the above-mentioned conditions of approval.
After a complete hearing, the Arvin Planning Commission conditionally approved Conditional Use Permit 2024-Solar Array and Site Development Permit 2024-Arvin CSD Solar ArrayDevelopment of a 6.84-Acre Rotating Ground Mounted Solar Array and Easements Serving Two Existing Water Wells with the understanding that the Arvin Community Services District would submit an appeal of the Planning Commission’s action to be heard by the City Council.
On December 26, 2024, the Applicant’s authorized representative, Wall, Wall, & Peake, filed two (2) appeals for two separate applications. The first appeal pertained to the Planning Commission action on December 17, 2024, for conditional approval of Conditional Use Permit 2024-Solar Array. The second appeal was the Planning Commission action on December 17, 2024, for conditional approval of Site Development Permit 2024-Arvin CSD Solar Array. Communication with the Applicant’s representative indicated that ALL conditions related to both project applications were being appealed. On January 14, 2025, the City Council set a public hearing date of January 28, 2025, to hear the Applicant’s appeal.
At the scheduled hearing on January 28, 2025, the City Council received Staff’s Report analyzing the modified conditions of approval, which included a modification of the Fiscal Impact Payment condition. The City Council also heard the Applicant’s appeal. Upon the conclusion of the public hearing, the City Council directed Staff to remove all discretionary conditions, including the Fiscal Impact Payment, street frontage improvements along Meyer Street, the Unnamed Road, and Rayo de la Luna Drive, landscaping, and a block wall for screening. The City Council also directed Staff and the Applicant to work together to come to an agreement regarding street improvements along
6.C.2
Attachment: Staff Report ACSD Solar Array_031125 (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar
Staff Report re ACSD Approval
Celestial Way with the understanding that Council desired a solution on Celestial Way that would allow both pedestrian and vehicular access through to Rayo de la Luna.
Staff’s Recommended Conditions of Approval:
Following direction from City Council, Staff removed all discretionary conditions from the Conditions of Approval. Staff also worked with the Applicant to come to an agreement regarding the Project’s frontage along Celestial Way. Staff proposed that the Applicant improve the Project’s frontage (along the south side of the street) with a partial-width road, curb, gutter, and sidewalk to City standards. Additionally, Staff proposed that the ACSD provide a five (5) foot-wide walking path connecting the sidewalk along the Project frontage with Rayo de la Luna Drive to the west.
This allows for a lower cost alternative to connect the street all the way through, without putting the burden of full street improvements along the sump frontage since this is not part of the project.
The improvement requirements along the project frontage also include typical landscaping and streetlights, also to City standards. Finally, Staff proposed the Applicant install an all-weather access road along Meyer Street and the Unnamed Road with turnaround to provide access to the site, built to a standard determined by the Kern County Fire Department. The figure below shows the improvements proposed by Staff.
Justification:
The improvements to Celestial Way are crucial to ensure the project complies with the City of Arvin’s Municipal Code, Chapter 15.04 (Permit Regulations), Chapter 17.70 (Site Development Standards) and the Arvin General Plan. Specifically, the requirement for the construction of offsite improvements would align with Section 15.04.050 (Offsite improvement construction required as permit condition). Section 15.04.050 states “Whenever a building permit is required pursuant to this chapter, the city may require the construction of certain offsite improvements as a condition to issuance of said permit, and no final building inspection shall be performed or occupancy permit
6.C.2
Attachment: Staff Report ACSD Solar Array_031125 (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar
Staff Report re ACSD Approval
issued until such time as said offsite improvements have been completed and accepted by the city; provided, however, that where practical difficulties or unnecessary hardships result from the strict application of the requirements of this section, a variance may be granted by the city council upon the application to the city council by the permittee stating the reasons why a variance should be granted. The scope and installation of offsite improvements required by this section shall be in accordance with the provisions of Chapter 16.16 of this Code and the city's adopted improvement standards.”
The installation of a partial width road, curb, gutter, and sidewalk would align with Section
17.70.010(C). Chapter 17.70 (Site Development Standards) outlines minimum site development standards for all developments. Section 17.70.010(C) states “Curb, Gutter and Sidewalk. Curb, gutter, and sidewalk shall be constructed as required by the subdivision ordinance when required as part of street improvements.”
The City has the ability to require these improvements given that both the Site Development Permit (and Conditional Use Permit) are discretionary actions. This means that Council has some discretion when it comes to imposing conditions of approval. In determining what is appropriate, along with the code provision cited above, Council can look to Section 17.60.040 of the municipal code which outlines the criteria for reviewing a Site Development Permit. Item B of this code section states that “B. Before approving or conditionally approving any such application, the city planner 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.” As mentioned before, frontage improvements are typically required when vacant land is developed or expansions over 25% occur.
If the applicant does not install these improvements as part of this project, this street will remain a blocked off dirt road for the next 30-40 years, causing a significant impact to the “health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood”.
Adding a condition that will ensure that the project will no be detrimental to the neighborhood is justified in order for Council to make this finding.
Furthermore, these improvements would ensure the project complies with the Goals and Policies of the Circulation Element of the Arvin General Plan aimed at providing “A safe, efficient, and organized roadway system that meets the current and future needs of the community”. Specifically, the installation of the improvements (partial width road, curb, gutter, and sidewalk) would comply with the following policies:
4) Upgrade existing roadways to current standards wherever right-of-way permits. 6) Ensure that the circulation system coordinates with the adopted land plan. 7) Ensure that the circulation system coordinates with regional transportation plans. 12) Developers shall construct roadways along their frontage from centerline to edge of right of way according to the adopted street standards and as identified in the Circulation Element.
13) The City is committed to the implementation of a complete streets system and will integrate a multi-modal approach into the network.
Additionally, the construction of the all-weather access road along Meyer Street and the Unnamed Road would provide site access pursuant to Section 17.70.010(G) which states “Fire Department Approval. Fire flows, fire protection facilities, and accessways and safety setbacks shall be as required and approved by the fire department. Fire Department Approval. Fire flows, fire
6.C.2
Attachment: Staff Report ACSD Solar Array_031125 (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar
Staff Report re ACSD Approval
protection facilities, and accessways and safety setbacks shall be as required and approved by the fire department.”
Applicant’s Requested Conditions of Approval:
After staff sent the applicant draft revised conditions of approval, the Applicant requested a meeting with Staff to discuss the Conditions as proposed. In this meeting, the Applicant presented their requested alternative conditions. The majority of the changes requested by the applicant were incorporated into the revised conditions of approval. The two areas of disagreement came from the City’s proposed improvement requirements along Celestial Way, and the on-site frontage landscaping required along Celestial Way. Following the meeting, the applicant sent two specific conditions that they requested be modified relating to fencing and the Celestial Way Improvements. The Applicant’s requested alternative conditions are listed below:
Fencing:
The perimeter of the Project site, without setback, shall be fenced with 6’chain-link fencing without barbed wire or concertina wire. Gates will be placed to allow emergency vehicle access and provide access for City vehicles to access the City’s sump, which is not a part of the development site. The fence shall be tied into the north-east post and the south-west post of the city sump fence.
The city sump fence will be repaired along the north-east and south-west portions of the fence.
Staff agrees, and has incorporated this condition, except that the City is requiring a minimal (5- foot) setback along the Celestial Way frontage to allow for buffer landscaping to screen the chain link fence and solar equipment from the school site.
Celestial Way Improvements:
Celestial Way is designated a local street. The south one ½ of Celestial Way from Meyer Street to Rayo De La Luna Drive shall be improved to City standards for a local street along with only curb and gutter. Such improvements will only be required when the north ½ of Celestial Way is improved as to City standards for vehicular traffic. The Improvements by the District shall not include decorative fencing, masonry wall, sidewalk, lighting, landscaping and or irrigation. The Solar Array development shall not encroach into the 60 ’ - 0’’ road easement for Celestial Way.
A mutually agreed upon Improvement Agreement without security shall be entered into between the District and the City for a term of 20 years from the date of approval of this condition. Such Improvements will not be required to be done by the District after the 20 year time period has elapsed. District shall be given a 6 month notice when ½ street improvements need to be made.
Staff disagrees with this condition as it will result in no street improvements along Celestial Way in the near future, and no sidewalks, streetlights or street trees in the far term. If Council desires this condition, this language can be swapped out for Condition ROWI-R-3(1).
ATTACHMENTS:
Attachment A: Notice of Exemption
Attachment B: Draft Conditional Use Permit Conditions of Approval Attachment C: Draft Site Development Permit Conditions of Approval Attachment D: A Resolution of the City Council of the City of Arvin Conditionally Approving Conditional Use Permit 2024-Solar Array and Site Development Permit 2024- Acsd Solar Array
Attachment E: Letter Submitted by Applicant’s Representative, Dated February 20, 2025.
Attachment F: Applicant’s Requested Site Development Permit Conditions of Approval
6.C.2
Attachment: Staff Report ACSD Solar Array_031125 (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar
CITY OF ARVIN
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT FOR
CUP – ARVIN COMMUNITY SERVICE DISTRICT – SOLAR ARRAY & SDP 2024 –
ARVINCSD SOLAR ARRAY
THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
PROJECT TITLE: Arvin Community Services District Solar Array (Conditional Use Permit – Arvin Community Services District – Solar Array and Site Development Permit 2024 – ArvinCSD Solar Array)
APPLICANT: Raul Barraza, Jr., General Manager
Arvin Community Services District
309 Campus Drive
Arvin, CA 93203
PROJECT LOCATION: Generally located at the southwest corner of Meyer Street and Celestial Way with easements south along Meyer Street to Millux Road and east along Millux Road (portions of APNs:
189-353-06, -07, -08, and -09).
PROJECT DESCRIPTION: CUP – Arvin Community Service District – Solar Array and SDP 2024 – ACSD Solar Array were filed by Raul Barraza, Jr., on behalf of the Arvin Community Services District, and pertains to portions of APNs 189-353-06, -07, -08, and -09. The project proposes to construct a ground-mounted rotating solar array on a 6.84 acre portion of APN 189-353-07 (52.77 acres).
Additionally, underground easements for utility connections will run south along the west side of Meyer Street to Millux Road and west along the north side of Millux Road to provide electrical service to the existing water well sites on APNs 189-353-08 and -09, which are owned and operated by the Arvin Community Services District. The Project site is planned and zoned for single-family residential uses.
This project is exempt under Section 15304/Class 04 and Section 15329/Class 29 of the California Environmental Quality Act (CEQA) Guidelines as follows:
Under Section 15304/ Class 04, the proposed project is exempt from CEQA requirements when the project consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Section 15304 of the CEQA Guidelines provides the following examples:
6.C.3
Attachment: Att A NoE ACSD Solar Array_031125 (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar (e) Minor temporary use of land having negligible or no permanent effects on the environments, including carnivals, sales of Christmas trees, etc; (f) Minor trenching and backfilling where the surface is restored; The proposed project includes a solar array and easements for underground electrical service to provide power to existing water wells in the vicinity of the site. The solar array will be placed on land owned by the Successor Agency to the City of Arvin Redevelopment Agency. The Arvin Community Services District has entered into a 30- year lease agreement, with the option for two (2) additional 5-year extensions for a total term of 40 years. The solar array has been designed such that, at the end of the lease term, the array can be removed and the site may be redeveloped. As such, the proposed project can be determined to be a temporary use of land having negligible or no permanent effects on the environment. Additionally, the easements and underground electrical connections will require minor temporary trenching which will be backfilled, thereby restoring the surface close to its pre-disturbance state.
Under Section 15329/Class 29, the proposed project is exempt from CEQA requirements when the project consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the conditions described in this section:
a) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will:
1) Result in no net increases in air emissions from the industrial facility, or will produce emissions lower than the amount that would require review under the new source review rules applicable in the county, and
2) Comply with all applicable state, federal, and local air quality laws.
The proposed project is not an existing industrial use. b) At commercial and institutional facilities, the installation of cogeneration facilities will be exempt if the installation will:
1) Meet all the criteria described in subdivision (a);
2) Result in no noticeable increase in noise to nearby residential structures; 3) Be contiguous to other commercial or institutional structures.
The proposed Project includes a solar array, with a capacity of approximately 1.5 MW, and easements to provide electrical service to existing water well sites owned and operated by the Arvin Community Services District. As such, the Project will provide cogeneration facilities with a capacity of less than 50 MW. Additionally, the project will not result in a net increase in air emissions, will comply with all applicable state, federal, and local air quality laws, will not result in a noticeable increase in noise to nearby residential structures, and will be contiguous to the existing structures.
None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a significant effect on the environment. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive.
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Attachment: Att A NoE ACSD Solar Array_031125 (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Date: February 25, 2025
Prepared By: Isaiah Medina, Assistant Planner
Precision Civil Engineering, Inc.
Submitted by:
Jeffrey Jones
City Manager
City of Arvin
(661) 854-3134
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Attachment: Att A NoE ACSD Solar Array_031125 (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Conditions of Approval – CUP Arvin Community Services District Solar Arry and easements Page 1 of 2 Revised Conditions of Approval
Dated March 11, 2025
Conditional Use Permit 2024-Solar Array
Conditional Use Permit 2024-Solar Array and Easements: The conditional use permit establishes the zoning clearance for the development of a 6.87 acre ground-mounted solar array and easements for underground electrical conduit to water wells NO. 11 and 16 on portions of APN’s 189-353-06 and -07.
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL (G)
G-1 The Conditional Use Permit for the establishment of a ground mounted solar array in the land zoned R-1 Single Family Residential and the Site Development Permit conditional approval that will provide alternative energy for the servicing two existing water wells owned and operated by Arvin Community Services District is Categorically Exempt per (CEQA) Environmental Quality Act Guidelines, Section 15304 Minor Alterations to Land and Section 5329 Cogeneration Projects at Existing Facilities. A Notice of Exemption is filed at the Community Development Department, 141 Plumtree Drive, Arvin, CA and may be viewed during normal business hours.
City Clerk to file the Notice of Exemption with the Kern County Clerk’s Office and Staff to file the Notice of Exemption with the State of California -CEQA submit. Applicant shall pay all fees for the processing and filing of the Notice of Exemption.
G-2 The applicant shall file an application and payment of fees for addressing. Addressing application may be obtained from the Planning Division upon development on the project site.
G-3 Prior to the development of the project, the applicant shall be required to obtain Site Development Permit approval as required by Tite 17 Zoning, Chapter 17.60 Site Development Permits.
G-4 The Site Development conditional approval, SDP 2024-ArvinCSD Solar Array, by the Planning Commission establishes requirements for development of project.
G-5 The owner(s)/applicant(s)/subdivider(s), (hereinafter referred to as applicant), at their sole cost and expenses, shall defend, indemnify and hold harmless the City of Arvin ), (hereinafter referred to as “City”), its agent, legislative body, officers, and employees in any legal or administrative action, claim or proceeding concerning approval of Conditiona Use Permit or, at its election and in the alternative, shall relinquish such approval. The applicant shall assume the defense of City in such legal or administrative action, claim or proceeding with legal counsel paid for in the entirety by applicant, but subject to the City’s reasonable approvals.
Applicant shall also reimburse the city, its agents, legislative body, officers and employees for any judgements, amounts paid in settlements, court costs and attorneys’ fees, which the City, its agents, legislative body, officers, and employees may be required to pay at court as result of such action, claim, or proceeding. The city may, at its sole discretion, participate at its own
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Attachment: Att B CUP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) Conditions of Approval – CUP Arvin Community Services District Solar Arry and easements Page 2 of 2 expenses in the defense of any such action, claim or proceeding, but such participation shall not relieve Applicant, of their obligation under this condition.
END
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Attachment: Att B CUP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 1 of 8
Revised Conditions of Approval
Dated March 11, 2025
Site Development Permit 2024-Arvin Community Services District (CSD) Rotating Ground Mounted Solar Array
PROJECT DESCRIPTION:
Arvin Community Service District received approval for zoning and development, Conditional Use Permit and Site Development Permit, for the construction of Rotating Ground Mounted Solar Array on a portion of APN 189-353-07 in a R-1 Single Family Residential Zone district. In addition, the Arvin CSD is requesting underground easements along the west side of Meyer Street, along the UN-NAMED ROAD from the westerly side of the project to Meyer Street, and along the north side of Millux Road. The underground easement will allow the extension of electrical service from the solar array to existing water well sites, APN 189-353-09 which is developed with Well Site No. 11 (west side of Meyer Street) and APN 189-353-08 which is developed with Well Site No. 16 (the north side of Millux Drive) owned and operated by Arvin CSD. The rotating ground mounted solar array area is approximately 6.84 acres of the 52.77 Acres of APN 189-353-07 and is generally located at the southwest corner of Celestial Way and Meyer Street.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations, or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project.
This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
PROJECT INFORMATION
Applicant: Raul Barraza, Jr., General Manager
Arvin Community Services District
309 Campus Drive
Arvin, CA 93203
Project Address: Addressed Not Assigned
Project Location: Southwest corner of Celestial Way and Meyer Street Assessor Parcel No. and Size: Construction of a 6.84 Acre Ground Mounted Solar Array on a portion of APN 189-353-07 and underground utility connections on Portions of APN 189-353-06 and -07
6.C.5
Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 2 of 8
Zoning: R-1 Single Family Residential Zone
General Plan Land
Use Designation
Low Density Residential
CONDITIONS AND REQUIREMENTS:
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL (G)
Development shall take place and be maintained in accordance with final Site Plan Exhibit for this project, attached as Exhibit "A1" dated September 5, 2023, and the Site Development Application submitted by the applicant on October 28, 2024, as amended by these conditions.
G-1 All exhibits and references identified in the following conditions approving this project are conditions of approval unless otherwise waived. Therefore, all requirements, conditions, mitigation measures, standards, policies listed in these conditions, are to be implemented by the project applicant and successors in interest unless specifically waived by the City of Arvin.
Planning Commission Staff Report dated December 17, 2024, statements, drawings, and illustrations are adopted by reference and are conditions of approval.
G-2 The projects are subject to the California Environmental Quality Act (CEQA) Guidelines.
A Notice of Exemption is filed at the Community Development Department, 141 Plumtree Drive, Arvin, CA and may be viewed during normal business hours.
G-3 Contractors and subcontractors shall obtain a business license from the City of Arvin prior to beginning any work.
G-4 On-site landscaping - The applicant shall submit a landscape and irrigation plan along Celestial Way prior to the issuance of the final inspection of the project by the Building Official.
Landscape plans are to be submitted to the Planning Division for review and for approval.
G-5 The applicant shall sign the Acceptance of Conditions following approval by City Council.
G-6 Conditions shall run with the land. All owners, present and future, of the property shall be subject to these conditions of approval. Failure to comply with any condition of approval is grounds for immediate suspension or revocation of this site development permit.
G-7. Community Development Director or designee is authorized to consider minor modifications to conditions of approval and timing of implementation of conditions where it is found that such modifications and adjustment in timing of implementation of conditions do not nullify the intent of the conditions established by the City Planning Commission.
6.C.5
Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 3 of 8
PLANS BY LICENSED PROFESSIONAL:
PLP-1. All Civil Plans must be signed and stamped by a licensed Civil Engineer, Land Surveyor, or Landscape Architect. Required plans and studies are expected to include, but not limited to the following, if applicable:
a. Survey/site control
b. Demolition and Dust Control
c. Site improvements
d. Grading and drainage
e. Landscaping and irrigation
f. Utility plan
g. Electrical and lighting
h. Geotechnical investigation
PLP-2. All Civil Plans and improvements must be in substantial compliance with all applicable codes including, but not limited to Arvin Municipal Code (AMC) 13.08, 15.32, 17.30, 17.60, and
17.70. PLP-3. Final Site Plans: Final Site Plans, Grading plans, etc. shall be submitted to and approved by the City Engineering and Planning Divisions of the Community Development Department, prior to any on-site improvements.
UTILITIES AND SERVICE PROVIDER(S):
U-1 Pacific Gas and Electric: PG&E is the provider of electric and gas services to the project site. All new electrical services shall be underground.
U-2 Sewer Services - Arvin Wastewater Collection and Treatment Facility – Operations and Maintenance by Veolia West Operation Services, Inc.: The project design has not identified any need for sewer service. Should the project construct buildings requiring sewer service, the applicant shall apply for and receive approval for sewer service.
U-3. Water Service: Arvin Community Services District provides public water services within the City of Arvin. The applicant will be required to coordinate and obtain water service through that agency if utilized. The City Building Official will ensure that public water service commitment is received from that agency prior to the issuance of a final inspection.
U-4. Water Meter Connection: The applicant developer will be subject to connection and meter charges from the Arvin Community Services District.
EXTERIOR SITE AND BUILDING IMPROVEMENTS:
ES&BI-1 Exterior lighting: All exterior lighting shall be arranged or shielded in such a manner as to contain the direct illumination on the site and avoid glare in nearby residential areas and schools. Exterior lighting shall be powered by passive energy, for example, solar powered (
17.70.010(I))
6.C.5
Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 4 of 8
ES&BI-2 Trash Receptacles: No trash receptacles are proposed to be located on the project site.
However, if Trash Receptacles are constructed, it shall be screened with an overhead trellis and located in such a manner not visually obtrusive from any off-site location. The location and method of screening for all trash receptacles shall be approved by the City Planner. The proposed trash enclosure is inside of the secured site. The applicant shall coordinate with solid waste provided for the waste containers at the curb side for trash pickup. The applicant shall provide confirmation from the solid waste provider prior to final design and location approval by the City Planner. (17.070.010(K))
ES&BI-3. Fencing: The applicant’s construction plans, Fence Grounding Details, propose plans that appear to be a chain link fence with slats to obscure visibility into the site. The applicant shall obtain a building permit should the fence height exceed 6’-0”.
The perimeter of the Project site, without setback on all sides (with the exception on the north side abutting Celestial Way which requires a setback as identified below), shall be fenced with 6’chainlink fencing without barbed wire or concertina wire. Gates will be placed to allow emergency vehicle access and provide access for City vehicles to access the City’s sump, which is not a part of the development site. The fence shall be tied into the north-east post and the south-west post of the city sump fence. The city sump fence will be repaired along the north-east and south-west portions of the fence. Fence shall be constructed pursuant to City Standards.
The 6-foot fence along Celestial Way shall be setback a minimum of 5-feet (17.50.090 and
17.08.040). Although a 20-foot setback is normally required pursuant to the code section identified above, the setback has been reduced to 5-feet. In order to provide screening of mechanical equipment withing the solar facility and the chain link fence, this 5-foot area shall be landscaped with hedges or similar landscaping (17.70.010-J).
1. Celestial Way The south side of the Celestial Way improvements include landscaping and irrigation (within the 5-foot front yard setback and street trees), and street lighting per the public works standards (15.040.050 and 17.70.010-C).
ES&BI-4. Gated Access: Access is proposed for both vehicle and pedestrian access from the UnNamed Road, on the south side of the project site, west of Meyer Street. The vehicular access and pedestrian access will require a system which will permit access by the emergency service providers, Police, Fire, and other First Responders. The applicant shall coordinate with the emergency providers and the building official in establishing and implementing the emergency access system. The final inspection and clearance shall not be issued until the system is active.
ES&BI-5. Fencing Storm Water Retention Basin: The applicant shall retain all storm water onsite unless an alternate design for stormwater discharge is approved by the City Engineer. The applicant shall provide fencing as required by the City Engineer for any storm water retention basins required for the project.
FLOOD PLAIN MANAGEMENT, DRAINAGE and BEST MANAGEMENT
PRACTICES:
6.C.5
Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 5 of 8
FPM-D&BMP-1 Floodplain Management – Chapter 15.32. The project is located within FEMA FLOOD HAZARD which has a 1 percent annual chance flood shallow flooding. The project shall be required to meet the requirements of Section 15.32.170(C) and (D). Prior to the issuance of the final inspection by the Building Official, a Flood Certification shall be provided as may be required by the City Engineer.
FPM-D&BMP--2- Water Drainage - Prior to the issuance of any grading or building permits, a plan for the disposal of drainage waters originating on site and from adjacent road rights of way shall be approved by the City Engineer. Easements or grant deed shall be given to the city for drainage purposes or access thereto, as necessary. Grading and Drainage plans shall be submitted to the City Engineer for review and approval. Site drainage on to or into the public right-of-way is not permitted unless specifically approved by the City Engineer.
FPM-D&BMP-3 Dust Control plans must be provided, as required by the San Joaquin Air District.
Best Management Practices to be implemented during site construction. The applicant shall submit final BMP program for review and approval to the City Engineer prior to site disturbance.
FPM-D&BMP-4 Developer shall comply with applicable construction storm water requirements as required by the California Water Board. A Stormwater Pollution Prevention Plan (SWPPP) may be required. Developer should retain the services of a Qualified SWPPP Developer (QSD) to make such determinations. Developer must provide a Board-approved plan and a Water Discharger Identification (WDID) number (or approved erosivity waver) to the City prior to commencing construction, if applicable.
FPM-D&BMP- 5. Developer must apply for and obtain a grading permit from the City prior to any on-site or off- site grading.
FPM-D&BMP- 6. Developer shall comply with Arvin Municipal Code Chapter 15.32 regarding floodplain requirements and shall provide the floodplain administrator for the City all required plans, forms, and information. This may have implications on the building plans, and may require the elevation of existing structures or modifying the existing structure such that it is flood resistant (i.e. “flood proof” or “watertight”). The applicability of this will depend on the amount of work being proposed to existing structures. It is believed that thresholds which trigger such requirements will be passed, and the developer should be prepared to comply with the more stringent FEMA guidelines.
OFF-STREET PARKING, LOADING, AND ACCESS
PL&A-1. Off-street parking location and design is not applicable for this project, as normally required by Title 17 Zoning, Chapter 17.48. The internal circulation system for site maintenance and access by emergency vehicles shall be approved by the Police Department and Kern County Fire District.
6.C.5
Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 6 of 8
SIGNAGE:
S-1. Prior to the installation of any on-premises sign, the applicant shall apply for and receive a Sign Permit from the Planning Division.
RIGHT OF WAY IMPROVEMENTS – REQUIREMENTS:
ROWI-R-1. Obstructions under District control located within street rights-of-way shall be removed. Upon the review of grading plans, encroachment permits, etc., if applicable, should obstructions be identified, the applicant shall remove the identified obstruction (17.070.010(B)).
ROWI-R-2. Curb, gutter, and sidewalk shall be constructed as required by the subdivision ordinance when required as part of street improvements (as indicated in these revised conditions of approval). New construction and/or replacement of existing, when determined by the City Engineer, shall require an encroachment permit prior to any demolition and or construction. Plans prepared by a Civil Engineer or equivalent shall be submitted to the City for review and approval.
ROWI-R-3. The City Engineer shall coordinate the Arvin Community Services District Off-site Improvement Agreement and fiscal guarantee for the immediate and future street and infrastructure improvements as follows. An agreement is needed in the event that improvements will be completed after issuance of final permit:
1. Celestial Way, a Local Street classification, shall be improved to half-width roadway standards per the City of Arvin Plate R1 along the property frontage, and to the half-width road standard per Plate R1—from which the curb, gutter, and sidewalk are excluded—from the western property boundary to Rayo de La Luna Drive. Additionally, from the western property boundary to Rayo de La Luna Drive, improvements shall include a 6-foot wide ADA compliant pedestrian path along the south side of Celestial Way. To be completed prior to final inspection by the Building Division with timing of improvements as approved by the City Engineer (15.040.050 and 17.70.010-C).
2. Meyer Street, a Collector Street classification, shall be improved with an all-weather road (class II base is acceptable) along the property frontage from Celestial Way to the unnamed road, as approved by the Kern County Fire Department. The Solar Array Development shall not encroach into the 110’-0” road easement. To be completed prior to final inspection by the building division and timing of improvements as approved by the City Engineer (17.70.010-G).
3. Un-Named Road, a Local Street classification, which is an east-west street, on the south side of the Solar Array, shall be improved to an all-weather road along the property frontage from Meyer Street to the west project boundary, as approved by the Kern County Fire Department. To be completed prior to final inspection by the Building Division with timing of improvements as approved by the City Engineer (17.70.010-G).
PUBLIC WORKS – CITY ENGINEER:
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Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 7 of 8
PW-CE-1 All plans and specifications for future work required on the current and future public right of way shall be prepared by a Registered Civil Engineer licensed in the state of California (Engineer of Record) and to the satisfaction of the City Engineer.
BUILDING DIVISION:
BD-1 The applicant shall apply for and obtain all building permits prior to the construction of the solar array.
KERN COUNTY FIRE PROTECTON:
KCFP – 1 The applicant shall obtain clearance from the Kern County Fire Department prior to final inspection by the Building Official. The applicant shall provide a copy of the approval by Kern County Fire District to the City Planner.
LANDSCAPE AND IRRIGATION TO BE INCOMPLIANCE WITH 23 CA ADC § 490 CALIFORNIA CODE OF REGULATIONS TITLE 23. WATERS, DIVISION 2.
DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7. MODEL WATER EFFICIENT LANDSCAPE ORDINANCE AND TITLE 15 BUILDING
L&I – 1. The Arvin Community Services District shall be required to maintain the landscaping and irrigation systems and lighting along Celestial Way for the length of the lease agreements between Successor Agency of the City of Arvin Redevelopment Agency and Arvin Community Services District.
L&I – 2. Preliminary Irrigation and Landscape Plans are provided by the applicant. Water Conservation and Water Efficient Landscape Regulations (Section 15.36.030 and Chapter 15.38 Water Efficient Landscape Regulations-Attachment 4) must be implanted. The applicant shall retain a Licensed Landscape Architect to prepare irrigation and landscape plans in compliance with Chapter 15.36 Water Conservation, Section 15.36.030 Landscaping and Chapter 15.38 Water Efficient landscape Regulations. Said plans shall be submitted to the City for review and approval.
The Landscape Architect shall certify that the submitted plans and installation of irrigation systems and landscaping materials meet all the requirements of the City and State of California Chapter
2.7. Model Water Efficient Landscape Ordinance. Upon implementation of the irrigation system and landscaping, the applicant shall be responsible for the continued maintenance of the irrigation and landscaping.
DISCLOSURES AND APPEALS - IMPORTANT PLEASE READ CAREFULLY:
Approval of this site development permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following:
a. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; and
6.C.5
Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) SDP 2024 ArvinCSD Solar Array Page 8 of 8
b. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property.
Approval of this site development permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements, the specific Zoning Ordinance requirements set forth herein, and all City Standards and Specifications as set forth herein. This site development permit is granted, and the conditions imposed, based upon the application submittal provided by the applicant. The application is material to the issuance of this site development permit. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the site development permit or any other enforcement remedy available under the law. The City shall not assume responsibility for any deletions or omissions resulting from the site development permit review process or for additions or alterations to any construction or building plans not specifically submitted and reviewed and approved pursuant to this site development permit or subsequent amendments or revisions.
If the Site Development Permit is not implemented within one (1) year from the date of issuance of this site development permit, or within any extended period thereof, this site development permit shall expire, and the site development permit approval shall be null and void.
These conditions are applicable to any person or entity making use of this permit, whether identified as "permittee," "applicant," "operator," "developer," or is unnamed.
END
6.C.5
Attachment: Att C SDP Conditions of Approval (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array)
Reso Conditionally Approving CUP 2024-Solar Array and SDP 2024-ACSD Solar Array.
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
CONDITIONALLY APPROVING CONDITIONAL USE PERMIT 2024-
SOLAR ARRAY AND SITE DEVELOPMENT PERMIT 2024-ACSD SOLAR ARRAY
WHEREAS, The Planning Commission, on December 17, 2024, reviewed and conditionally approved Conditional Use Permit 2024-Solar Array and Site Development Permit 2024-ACSD Solar Array; and
WHEREAS, The Applicant (Arvin Community Services District), on December 26, 2024, filed a timely appeal to the Planning Commission action relating to Conditional Use Permit 2024- Solar Array and Site Development Permit 2024-ACSD Solar Array; and WHEREAS, The City Council, on January 28, 2025, conducted a Public Hearing to hear the Applicant’s appeal; and
WHEREAS, The Applicant appealed all Conditions of Approval for Conditional Use Permit 2024-Solar Array and Site Development Permit 2024-ACSD Solar Array; and WHEREAS, After receiving Staff’s report and the Applicant’s appeal, the City Council directed Staff to remove any discretionary Conditions of Approval the applicant identified in their presentation, with the exception of street improvements along Celestial Way, and directed Staff to work with the Applicant to come to an agreement regarding the street improvements along Celestial Way; and
WHEREAS, Staff have worked with the Applicant to modify the Conditions of Approval for Conditional Use Permit 2024-Solar Array and Site Development Permit 2024-ACSD Solar Array; and
WHEREAS, Staff and the Applicant have been unable to come to an agreement on all of the final Conditions of Approval, specifically related to the improvements along Celestial Way; and
WHEREAS, The City Council conducted a public hearing on March 11, 2025, providing an opportunity for all interested parties to provide testimony, considered Staff’s recommended Conditions of Approval, and considered the Applicant’s proposed Conditions of Approval; and WHEREAS, The City Council, upon the conclusion of the public hearing, made a determination as to which proposed Conditions of Approval shall be adopted. ////
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6.C.6
Attachment: Att D CC 2-25 ACSD Resolution (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array)
Reso Conditionally Approving CUP 2024-Solar Array and SDP 2024-ACSD Solar Array.
NOW, THEREFORE, the City Council of the City of Arvin does hereby resolve as follows:
1. The recitals and findings set forth above are true and correct and incorporated herein by this reference.
2. The City Council hereby adopts the CEQA Finding, determining the Project is exempt from the California Environmental Quality Act pursuant to California Environmental Quality Act Guidelines Section 15304, Minor Alterations to Land, and 15329, Cogeneration Projects at Existing Facilities.
3. The City Council hereby approves Conditional Use Permit 2024-Solar Array, subject to Conditions of Approval attached as Revised Conditions of Approval Dated March 11, 2025, as amended at the hearing by Council.
4. The City Council hereby approves Site Development Permit 2024-Solar Array, subject to Conditions of Approval attached as “Revised Conditions of Approval Dated March 11, 2025”, as amended at the hearing by Council.
5. This Resolution shall become effective immediately upon adoption by City Council. //////
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Attachment: Att D CC 2-25 ACSD Resolution (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array)
Reso Conditionally Approving CUP 2024-Solar Array and SDP 2024-ACSD Solar Array.
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 11th day of March 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA CALDERON, Mayor
APPROVED AS TO FORM:
By:
NATHAN HODGES, City Attorney
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
6.C.6
Attachment: Att D CC 2-25 ACSD Resolution (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array) Page
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Reso Conditionally Approving CUP 2024-Solar Array and SDP 2024-ACSD Solar Array.
ATTACHMENT
Revised Conditions of Approval Dated March 11, 2025
6.C.6
Attachment: Att D CC 2-25 ACSD Resolution (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Array)
6.C.7
Attachment: Att E Letter Sent by Applicants Representative_Redacted (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP Revised Conditions of Approval
Dated February 25, 2025
Site Development Permit 2024-Arvin Community Services District (CSD) Rotating Ground Mounted Solar Array
PROJECT DESCRIPTION:
Arvin Community Service District received approval for zoning and development, Conditional Use Permit and Site Development, for the construction of Rotating Ground Mounted Solar Array on a portion of APN 189-353-07 in a R-1 Single Family Residential Zone district. In addition, the Arvin CSD is requesting underground easements along the west side of Meyer Street, along the UNNAMED ROAD from the westerly side of the project to Meyer Street, and along the north side of Millux Road. The underground easement will allow the extension of electrical service from the solar array to existing water well sites, APN 189-353-09 which is developed with Well Site No. 11 (west side of Meyer Street) and APN 189-353-08 which is developed with Well Site No. 16 (the north side of Millux Drive) owned and operated by Arvin CSD. The rotating ground mounted solar array area is approximately 6.84 acres of the 52.77 Acres of APN 189-353-07 and is generally located at the southwest corner of Celestial Way and Meyer Street.
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations, or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project.
This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
PROJECT INFORMATION
Applicant: Raul Barraza, Jr., General Manager
Arvin Community Services District
309 Campus Drive
Arvin, CA 93203
Project Address: Addressed Not Assigned
Project Location: Southwest corner of Celestial Way and Meyer Street Assessor Parcel No. and Size: Construction of a 6.84 Acre Ground Mounted Solar Array on a portion of APN 189-353-07 and underground utility
connections on Portions of APN 189-353-06 and -07
SDP 2024 ArvinCSD Solar Array Page 1 of 8
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Attachment: Att F ACSD SDP redline conditions (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar
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Zoning: R-1 Single Family Residential Zone
General Plan Land
Use Designation
Low Density Residential
CONDITIONS AND REQUIREMENTS:
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL (G)
Development shall take place and be maintained in accordance with final Site Plan Exhibit for this project, attached as Exhibit "Al " dated September 5, 2023, and the Site Development Application submitted by the applicant on October 28, 2024, as amended by these conditions.
G-1 All exhibits and references identified in the following conditions approving this project are conditions of approval unless otherwise waived. Therefore, all requirements, conditions, mitigation measures, standards, policies listed in these conditions, are to be implemented by the project applicant and successors in interest unless specifically waived by the City of Arvin.
Planning Commission Staff Report dated December 17, 2024, statements, drawings, and illustrations are adopted by reference and are conditions of approval.
G-2 The projects are subject to the California Environmental Quality Act (CEQA) Guidelines.
A Notice of Exemption is filed at the Community Development Department, 141 Plumtree Drive, Arvin, CA and may be viewed during normal business hours.
G-3 Contractors and subcontractors shall obtain a business license from the City of Arvin prior to beginning any work.
G-4 On-site landscaping - The applicant shall submit a landscape and irrigation plan along Celestial Way prior to the issuance of the final inspection of the project by the Building Official.
Landscape plans are to be submitted to the Planning Division for review and for approval.
Intentionally left blank
G-5 The applicant shall sign the Acceptance of Conditions following approval by City Council.
G-6 Conditions shall run with the land. All owners, present and future, of the property shall be subject to these conditions of approval. Failure to comply with any condition of approval is grounds for immediate suspension or revocation of this site development permit.
G-7. Community Development Director or designee is authorized to consider minor modifications to conditions of approval and timing of implementation of conditions where it is found that such modifications and adjustment in timing of implementation of conditions do not nullify the intent of the conditions established by the City Planning Commission.
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Attachment: Att F ACSD SDP redline conditions (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar
6.B.4
PLANS BY LICENSED PROFESSIONAL:
PLP-1. All Civil Plans must be signed and stamped by a licensed Civil Engineer, Land Surveyor, or Landscape Architect. Required plans and studies are expected to include, but not limited to the following, if applicable:
a. Survey/site control
b. Demolition and Dust Control
c. Site improvements
d. Grading and drainage
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f. Utility plan
g. Electrical and lighting
h. Geotechnical investigation
PLP-2. All Civil Plans and improvements must be in substantial compliance with all applicable codes including, but not limited to Arvin Municipal Code (AMC) 13.08, 15.32, 17.30, 17.60, and
17.70. PLP-3. Final Site Plans: Final Site Plans, Grading plans, etc. shall be submitted to and approved by the City Engineering and Planning Divisions of the Community Development Department, prior to any on-site improvements.
UTILITIES AND SERVICE PROVIDER(S):
U-1 Pacific Gas and Electric: PG&E is the provider of electric and gas services to the project site.
All new electrical services shall be underground.
U-2 Sewer Services - Arvin Wastewater Collection and Treatment Facility — Operations and Maintenance by Veolia West Operation Services, Inc.: The project design has not identified any need for sewer service. Should the project construct buildings requiring sewer service, the applicant shall apply for and receive approval for sewer service.
U-3. Water Service: Arvin Community Services District provides public water services within the City of Arvin. The applicant will be required to coordinate and obtain water service through that agency if utilized. The City Building Official will ensure that public water service commitment is received from that agency prior to the issuance of a final inspection.
U-4. Water Meter Connection: The applicant developer will be subject to connection and meter charges from the Arvin Community Services District.
EXTERIOR SITE AND BUILDING IMPROVEMENTS:
ES&BI-1 Exterior lighting: All exterior lighting shall be arranged or shielded in such a manner as to contain the direct illumination on the site and avoid glare in nearby residential areas and schools. Exterior lighting shall be powered by passive energy, for example, solar powered (
17.70.010(I))
SDP 2024 ArvinCSD Solar Array Page 3 of 8
6.C.8
Attachment: Att F ACSD SDP redline conditions (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar
6.B.4
ES&BI-2 Trash Receptacles: No trash receptacles are proposed to be located on the project site.
However, if Trash Receptacles are constructed, it shall be screened with an overhead trellis and located in such a manner not visually obtrusive from any off-site location. The location and method of screening for all trash receptacles shall be approved by the City Planner. The proposed trash enclosure is inside of the secured site. The applicant shall coordinate with solid waste provided for the waste containers at the curb side for trash pickup. The applicant shall provide confirmation from the solid waste provider prior to final design and location approval by the City Planner. (17.070.010(K))
ES&BI-3. Fencing: The applicant's construction plans, Fence Grounding Details, propose plans that appear to be a chain link fence with slats to obscure visibility into the site. The applicant shall obtain a building permit should the fence height exceed 6'-0".
The perimeter of the Project site, without setback on all sides (with the exception on the north side abutting Celestial Way which requires a setback as identified below), shall be fenced with 6'chainlink fencing without barbed wire or concertina wire. Gates will be placed to allow emergency vehicle access and provide access for City vehicles to access the City's sump, which is not a part of the development site. The fence shall be tied into the north-east post and the south-west post of the city sump fence. The city sump fence will be repaired along the north-east and south-west portions of the fence. Fence shall be constructed pursuant to City Standards.
The 6-foot fence along Celestial Way shall be setback a minimum of 5-feet (17.50.090 and
17.08.040). Although a 20-foot setback is normally required pursuant to the code section identified above, setback has been reduced to 5-feet. In order to provide screening of mechanical equipment withing the solar facility and the chain link fence, this 5-foot area shall be landscaped with hedges or similar landscaping (17.70.010-J).
1. Celestial Way The south side of the Celestial Way improvements include landscaping and irrigation (within the 5-foot front yard setback), and street lighting per the public works standards (15.040.050 and 17.70.010-C).
ES&BI-4. Gated Access: Access is proposed for both vehicle and pedestrian access from the UnNamed Road, on the south side of the project site, west of Meyer Street. The vehicular access and pedestrian access will require a system which will permit access by the emergency service providers, Police, Fire, and other First Responders. The applicant shall coordinate with the emergency providers and the building official in establishing and implementing the emergency access system. The final inspection and clearance shall not be issued until the system is active.
ES&BI-5. Fencing Storm Water Retention Basin: The applicant shall retain all storm water on-site unless an alternate design for stormwater discharge is approved by the City Engineer. The applicant shall provide fencing as required by the City Engineer for any storm water retention basins required for the project.
FLOOD PLAIN MANAGEMENT, DRAINAGE and BEST MANAGEMENT
PRACTICES:
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Attachment: Att F ACSD SDP redline conditions (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar
6.B.4
FPM-D&BMP-1 Floodplain Management — Chapter 15.32. The project is located within FEMA FLOOD HAZARD which has a 1 percent annual chance flood shallow flooding. The project shall be required to meet the requirements of Section 15.32.170(C) and (D). Prior to the issuance of the final inspection by the Building Official, a Flood Certification shall be provided as may be required by the City Engineer.
FPM-D&BMP--2- Water Drainage - Prior to the issuance of any grading or building permits, a plan for the disposal of drainage waters originating on site and from adjacent road rights of way shall be approved by the City Engineer. Easements or grant deed shall be given to the city for drainage purposes or access thereto, as necessary. Grading and Drainage plans shall be submitted to the City Engineer for review and approval. Site drainage on to or into the public right-of-way is not permitted unless specifically approved by the City Engineer.
FPM-D&BMP-3 Dust Control plans must be provided, as required by the San Joaquin Air District.
Best Management Practices to be implemented during site construction. The applicant shall submit final BMP program for review and approval to the City Engineer prior to site disturbance.
FPM-D&BMP-4 Developer shall comply with applicable construction storm water requirements as required by the California Water Board. A Stormwater Pollution Prevention Plan (SWPPP) may be required. Developer should retain the services of a Qualified SWPPP Developer (QSD) to make such determinations. Developer must provide a Board-approved plan and a Water Discharger Identification (WDID) number (or approved erosivity waver) to the City prior to commencing construction, if applicable.
FPM-D&BMP- 5. Developer must apply for and obtain a grading permit from the City prior to any on-site or off- site grading.
FPM-D&BMP- 6. Developer shall comply with Arvin Municipal Code Chapter 15.32 regarding floodplain requirements and shall provide the floodplain administrator for the City all required plans, forms, and information. This may have implications on the building plans, and may require the elevation of existing structures or modifying the existing structure such that it is flood resistant (i.e. "flood proof' or "watertight"). The applicability of this will depend on the amount of work being proposed to existing structures. It is believed that thresholds which trigger such requirements will be passed, and the developer should be prepared to comply with the more stringent FEMA guidelines.
OFF-STREET PARKING, LOADING, AND ACCESS
PL&A-1. Off-street parking location and design is not applicable for this project, as normally required by Title 17 Zoning, Chapter 17.48. The internal circulation system for site maintenance and access by emergency vehicles shall be approved by the Police Department and Kern County Fire District.
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Attachment: Att F ACSD SDP redline conditions (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar
6.B.4
SIGNAGE:
S-1. Prior to the installation of any on-premises sign, the applicant shall apply for and receive a Sign Permit from the Planning Division.
RIGHT OF WAY IMPROVEMENTS — REQUIREMENTS:
ROWI-R-1. Obstructions under District control located within street rights-of-way shall be removed.
Upon the review of grading plans, encroachment permits, etc., if applicable, should obstructions be identified, the applicant shall remove the identified obstruction (17.070.010(B)).
ROWI-R-2. Curb,and gutter, and sidewalk shall be constructed as required by the subdivision ordinance when required as part of street improvements (as indicated in these revised conditions of approval). New construction and/or replacement of existing, when determined by the City Engineer, shall require an encroachment permit prior to any demolition and or construction. Plans prepared by a Civil Engineer or equivalent shall be submitted to the City for review and approval.
ROWI-R-3. The City Engineer shall coordinate the Arvin Community Services District Off-site Improvement Agreement and fiscal guarantee for the immediate and future street and infrastructure improvements as follows. An agreement is needed in the event that as the improvements will be completed after issuance of final permit:
1. Celestial Way, a Local Street classification, shall be improved to half-width roadway standards per the City of Arvin Plate R1 along the property frontage, and to the half-width road standard per Plate Rl—from which the curb, gutter, and sidewalk are excluded—from the western property boundary to Rayo de La Luna Drive. Additionally, from the western property boundary to Rayo de La Luna Drive, improvements shall include a 6-foot wide ADA compliant pedestrian path along the south side of Celestial Way. To be completed prior to final inspection by the Building Division with timing of improvements as approved by the City Engineer (15.040.050 and 17.70.010-C)
Celestial Way is designated a local street. The south one ½ of Celestial Way from Meyer Street to Rayo De La Luna Drive shall be improved to City standards for a local street along with only curb and gutter. Such improvements will only be required when the north ½ of Celestial Way is improved as to City standards for vehicular traffic. The Improvements by the District shall not include decorative fencing, masonry wall, sidewalk, lighting, landscaping and or irrigation. The Solar Array development shall not encroach into the 60 ’ - 0’’ road easement for Celestial Way.
A mutually agreed upon Improvement Agreement without security shall be entered into between the District and the City for a term of 20 years from the date of approval of this condition. Such Improvements will not be required to be done by the District after the 20 year time period has elapsed. District shall be given a 6 month notice when ½ street improvements need to be made.
2. Meyer Street, a Collector Street classification, shall be improved with an all-weather road along the property frontage from Celestial Way to the unnamed road, as approved by the Kern County Fire Department. The Solar Array Development shall not encroach into the 110'-0" road easement. To be completed prior to final inspection by the building division and timing of improvements as approved by the City Engineer (17.70.010-G).
3. Un-Named Road, a Local Street classification, which is an east-west street, on the south side of the Solar Array, shall be improved to an all-weather road along the property frontage from Meyer Street to the west project boundary, as approved by the Kern County Fire Department.
To be completed prior to final inspection by the Building Division with timing of improvements as approved by the City Engineer (17.70.010-G).
6.C.8
Attachment: Att F ACSD SDP redline conditions (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar ROWI-4. The City Engineer shall require the applicant's engineer to determine if the The underground easements for the underground electrical along the Un-Named Road, Meyer Street, and Millux Drive will be placed in applicants current easements. are within the future right-of-way. If determined to exist, the applicant's engineer shall design and locate the underground easements outside of the future rights-of-way.
PUBLIC WORKS — CITY ENGINEER:
PW-CE-1 All plans and specifications for future work required on the current and future public right of way shall be prepared by a Registered Civil Engineer licensed in the state of California (Engineer of Record) and to the satisfaction of the City Engineer.
BUILDING DIVISION:
BD-1 The applicant shall apply for and obtain all building permits prior to the construction of the solar array.
KERN COUNTY FIRE PROTECTON:
KCFP — 1 The applicant shall obtain clearance from the Kern County Fire Department prior to final inspection by the Building Official. The applicant shall provide a copy of the approval by Kern County Fire District to the City Planner.
LANDSCAPE AND IRRIGATION TO BE INCOMPLIANCE WITH 23 CA ADC § 490 CALIFORNIA CODE OF REGULATIONS TITLE 23. WATERS, DIVISION 2.
DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7. MODEL WATER EFFICIENT LANDSCAPE ORDINANCE AND TITLE 15 BUILDING
L&I — 1. The Arvin Community Services District shall be required to maintain the landscaping and irrigation systems and lighting along Celestial Way for the length of the lease agreements between Successor Agency of the City of Arvin Redevelopment Agency and Arvin Community Services District.
L&I — 2. Preliminary Irrigation and Landscape Plans are provided by the applicant. Water Conservation and Water Efficient Landscape Regulations (Section 15.36.030 and Chapter 15.38 Water Efficient Landscape Regulations-Attachment 4) must be implanted. The applicant shall retain a Licensed Landscape Architect to prepare irrigation and landscape plans in compliance with Chapter 15.36 Water Conservation, Section 15.36.030 Landscaping and Chapter 15.38 Water Efficient landscape Regulations. Said plans shall be submitted to the City for review and approval.
The Landscape Architect shall certify that the submitted plans and installation of irrigation systems and landscaping materials meet all the requirements of the City and State of California Chapter 2.7.
Model Water Efficient Landscape Ordinance. Upon implementation of the irrigation system and landscaping, the applicant shall be responsible for the continued maintenance of the irrigation and landscaping.
DISCLOSURES AND APPEALS - IMPORTANT PLEASE READ CAREFULLY:
Approval of this site development permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development Atta
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Attachment: Att F ACSD SDP redline conditions (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar including, but not limited to, the following:
a. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use SDP 2024 ArvinCSD Solar Array Page 7 of 8
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Attachment: Att F ACSD SDP redline conditions (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar
6.B.4
areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; and
b. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property.
Approval of this site development permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements, the specific Zoning Ordinance requirements set forth herein, and all City Standards and Specifications as set forth herein. This site development permit is granted, and the conditions imposed, based upon the application submittal provided by the applicant. The application is material to the issuance of this site development permit. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the site development permit or any other enforcement remedy available under the law. The City shall not assume responsibility for any deletions or omissions resulting from the site development permit review process or for additions or alterations to any construction or building plans not specifically submitted and reviewed and approved pursuant to this site development permit or subsequent amendments or revisions.
If the Site Development Permit is not implemented within one (1) year from the date of issuance of this site development permit, or within any extended period thereof, this site development permit shall expire, and the site development permit approval shall be null and void.
These conditions are applicable to any person or entity making use of this permit, whether identified as "permittee," "applicant," "operator," "developer," or is unnamed.
END
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Attachment: Att F ACSD SDP redline conditions (Public Hearing: ACSD Approval of CUP 2024-Solar Array and SDP 2024-Arvin CSD Solar Solar Renewable Energy System
for the City of Arvin Wastewater Treatment Plant
Program Update & Contract Amendment
Prepared by: John J. Burdette III, CEM, CDSM, LEED AP
Veolia North America
Facilities, Buildings and Service
02/17/2025
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 2 John J. Burdette III, CEM, CDSM, LEED AP
Senior Program Development Manager
Sustainable Industries & Buildings (SIB)
Veolia Sustainable Buildings USA West, Inc.
Mobile: (530) 368-7886
Email: [email protected]
INTRODUCTIONS
Mirna Romero
Senior Project Manager
Sustainable Industries & Buildings (SIB)
Veolia Sustainable Buildings USA West, Inc.
Mobile: (916) 712-6665
Email: [email protected]
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities City of Arvin Sustainability Journey
• Introduction to Veolia’s Facility & Building Services (SIB) Program 11/17/2022 • Utility and Site Data Collection 12/21/2022
• Preliminary Site Walks 12/21/2022
• Preliminary Utility Data Analysis 01/12/2023
• Presentation of the Preliminary Analysis and ECM Selection 01/24/2023 • City Council directed Veolia to move forward w/ Engineering & PG&E NEM v2.0 Interconnection Applications at no cost to city 03/06/2023 • PG&E Interconnection Applications have been uploaded and submitted. NEM v2.0 has been secured 04/14/2023 • City Council Meeting to act and directed Veolia to proceed with PPA or the CEC ECAA (1.0% Interest ) Loan Application 04/25/2023 • Master Services Agreement (MSA) contract negotiations with City Manager & City Attorney 08/03/2023 • City of Arvin to Post Two Week Public Notice as required by CA Gov’t Code 4217 08/08/2023 • City Council Public Hearing Moved to Continue Decision to 10/24/2023 08/22/2023 • Worked with Consultant Project Development Solutions (PDS) to identify cost reduction 10/13/2023 • Provided proposed revisions to WWTP O&M Contract as well as Solar O&M Contract per City Attorney 10/13/2023 • City Council Meeting – Public Hearing and Resolution Vote to move forward with proposed Veolia Program (No Motion) 10/24/2023 • City Council Meeting – Public Hearing and Resolution Vote to move forward with proposed Veolia Program 11/12/2024 • City Council Meeting – Present Resolution for Contract Amendment 01/28/2025 • City Council Meeting – Present Resolution for Contract Amendment Round 2 02/25/2025
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 4 VEOLIA’S PROVEN (SIB) PROGRAM PROCESS
Data
Collection,
Site Walks
and
Interviews
Discovery
Meeting
Preliminary
Analysis
Findings
Presentation
Program
Verification
&
Development
Agreement
Final
Program
Development
Contract &
Implementation
• Introduce FBS
Program
• Identify
Challenges/ Trends
• Identify Goals &
Objectives
• Action Plan
• Collect facility
information and
square footages of
your facilities.
• Collect and analyze
your utility cost and
consumption data.
• Identify any existing
technical issues or
deferred
maintenance scope
items..
• Select Scope of
Work Measures to
include in the
program
development
process
• Estimated Savings
• Estimated
Implementation
Costs
• Estimated
Greenhouse Gas
Emission
Reductions
• Verify Detailed
Scope of Work
• Funding Solution
• Identify and Apply
for Rebates,
Grants and
Incentives
• Confirm Schedule
• Review Financial
Performance
• Draft Program
Contract Review
• Finalize Funding
Solutions
• Post Two Week
Notice for CA
Government Code
4217 Compliance
• Public Hearing &
Resolution During
Regularly
Scheduled Board
Meeting
• Present Final
Guaranteed Costs
& Savings
• Board Resolution
• Execute Contract
• Implementation
• Measurement &
Verification (M&V)
• Energy Management
Services
• Hubgrade
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Current Implementation Status Update
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities CEC ECAA Funding Package
Approved Funding approved
with Federal ITC Direct Pay
Option
Contingency
Budget for PG&E
Service Upgrade
and other required
scope items
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Financial Cash Flow Analysis
Veolia lowered program
cost $229,433 from
$3,900,000 to $3,670,561
Contingency
Budget Increased
Total Funding
Package Does
not change
Return on Investment
is unchanged
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Revised Funding Summary
Energy Efficiency Measures
Estimated
Total Project
Cost
Energy
Commission
Loan
Estimated
Annual
Energy Cost
Savings
Simple
Payback*
(Years)
Wastewater Treatment Plant:
Install 997.2 kW-DC ground
mounted solar PV system
$ 3,670,561.00 $ 3,000,000.00 $ 233,091.00 12.9
Wastewater Treatment Plant:
PG&E Utility Side Service
Upgrade & City Controlled
Contingency
$ 615,153.00 $ - $ - N/A
TOTALS: $ 4,285,714.00 $ 3,000,000.00 $ 233,091.00 12.9
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Contract Agreement / Master Services Agreement
MSA term below (page 16) dictating exclusion of unknown modifications required by the AHJ - Section 5. term C. iv.
With respect to exclusion of the PG&E upgrade costs see term C. ii. below
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Options for City Council
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Questions?
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities CPUC Decision
Net Energy Metering (NEM 2.0)
• Reducing the economic value of going solar 50-75%
from what it is today.
• Consumers get some of the best net metering
benefits across the country under NEM 2.0
• These benefits will come to an end with the
implementation of California’s NEM 3.0
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities CPUC will grandfather older systems in and continue
to uphold the original agreements. This means going
solar now would most likely allow you to lock in the
net metering 2.0 benefits for 20 years.
Veolia has completed all project development,
engineering and interconnection applications with
PG&E and has received acknowledgment that
application has been received before sunset date
CPUC Decision
Net Energy Metering (NEM 2.0)
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 14 Over 25% escalation in the last two years!
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities What do these three numbers have in common?
1908 1960 2023
The City of Arvin has
been in existence since
1908 when the Staples
Store opened on the East
of Bear Mountain
Boulevard.
The City of Arvin was
incorporated on
December 21, 1960.
The City of Arvin has
been in existence for
over a 115 years!
How many more
years will it be here?
100, 200 years, and
beyond? Let’s think
long term!
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Vision Statement
• Veolia’s vision for the City of Arvin’s wastewater treatment plant is to reduce electricity costs through solar renewable energy generation. • The proposed system will also reduce air pollution and lower the cities carbon footprint which will aid in meeting the Climate Action Plan requirements set forth in AB32 for cities, counties and special districts here in the State of California. • The proposed system will also fix the cost of electricity over the next 30+ years, hedging against the high utility escalation experienced over the last 50 years and forecasted due to undergrounding of PG&E transmission lines and the adoption of EV Vehicles in the State of California.
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Goal Alignment – City of Arvin General Plan
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities VEOLIA’S WWTP Solar Renewable Energy Location
Program Implementation Cost: $3,900,000.00
Revised Implementation Cost: $3,670,561.00
• High Efficiency Tier 1 Solar Equipment with extended
warranties.
• Complete Turnkey Design & Installation
• Generates 100% of the electricity for the wastewater
treatment facility.
• Includes a grandfathered NEM v2.0 electric meter under Veolia’s account
• Veolia to pass through PG&E savings by reducing cost of O&M contract
• Includes Extended Payment Terms
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 19 Veolia’s Recommendation
Avoided Capital Expenditures to be included in the project Upgrade main electrical service from 800 amps to 2000 amps.
This is required for future plant modifications.
Relocate and upsize the “Centrate Line”
which is also required.
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities So what? What does that mean for us?
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities So what? What does that mean for us?
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities So what? What does that mean for us?
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 23
FUNDING SOLUTIONS
Leveraging Available Funding & Tax Incentives
California Energy Commission (CEC) Energy
Conservation Assistance Act (ECAA) One Percent
(1.0%) Interest Loan Program
Veolia has completed the required feasibility study and all application forms and has submitted application to secure $3,000,000.00 through this program subsidized by the State of California.
Inflation Reduction Act (IRA) 30%-40% Investment Tax
Credit/Grant Direct Payment to Municipalities
Veolia assist the City of Arvin to apply for and secure the direct payment from the US Treasury. We may be able to
get an additional 10% as a bonus for “Disadvantaged
Community”, however, the WWTP is located just outside of the area on the map, however, we are going to apply for it.
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 24
FINANCIAL PERFORMANCE
PPA versus CEC ECAA Loan
• Provides Return on Investment (ROI) = 317%-900%+
• Secures Federal Direct Payment from US Treasury
Will pay for 30-40% of eligible project costs.
• Financing at (1.0%) interest which is the lowest financed cost to the City of Arvin or any entity in this high interest rate environment.
• Veolia proposes to deduct the electricity costs out of O&M contract for the WWTP, and City of Arvin to realize $230,000 in today’s dollars of guaranteed energy
savings. Will be CPI adjusted higher when solar system
goes online.
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities 25
ENVIRONMENTAL BENEFITS
Carbon Reduction & Climate Action Planning Goals per AB32
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Hubgrade
Advanced Intelligence coupled with Human Experience
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Only with Veolia can you achieve!
• Secured Net Energy Metering (NEM) v2.0 Grandfathered PG&E Electric Meter: Veolia has invested in the design and development of the solar array and interconnection application to get the PG&E electric meter grandfathered on the NEM v2.0 program before the program closed on April 14th, 2023.
• Leverage of Tax Incentives and Cash Payments Funding: Veolia aids the client in identifying and applying for grants, rebates and incentives.
• Upgrade to Energy Efficient Equipment: Upgrade today and pay for it with future energy savings. No need for capital funds or additional funding, just re-directs funds already in the budget for utilities and O&M to these smart investments. • Perform Capital Improvements: Capital Budget Avoidance • Decrease Operating Costs (Utility and O&M): Veolia helps stabilize budgets from volatility in the energy marketplace and once the debt service is paid in full, all subsequent energy cost savings are realized, and operating budgets are permanently lowered.
• Hedge Against Historical High Utility Escalation Rates: PG&E has high electric escalation rates as illustrated by the data over the last 40 years. Veolia will help hedge against these inflationary pressures.
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar Environmental solutions for business, industry and communities Veolia Brings Value!
• Guaranteed Performance: Veolia’s typically install systems and equipment that it guarantees will generate savings for the payback period of the loan. If a piece of equipment fails during the payback period of the project, Veolia is responsible for replacing it.
• Responsibility: Veolia is obligated to pay in the event of an energy savings shortfall and must guarantee the energy savings. If actual savings are lower than guaranteed, Veolia reimburses the owner for the shortfall. • Measurement & Verification: Annul energy savings verification is conducted per the International Performance Measurement & Verification Protocol (IPMVP), an industry standard to prove the savings is being achieved. • Accountability: Veolia serves as the single point of accountability. No finger pointing between consultants, subcontractors and equipment manufactures / vendors.
• Financing Solutions: Veolia assists the Owner in identifying rebate, incentives, and low interest financing options that are available.
• Greenhouse Gas Reduction Compliance Reporting: Hubgrade energy & carbon footprint reduction dashboards.
7.A.a
Attachment: Veolia FBS Program - The City of Arvin Solar
CITY OF ARVIN
Staff Report
Meeting Date: March 11, 2025
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of Amendment No. 1 to Master Services Agreement No. 2023-31 dated December 4, 2023, between Veolia Sustainable Buildings USA West, Inc., formerly known as Enovity, Inc. and the City of Arvin for a contingency budget in the amount of $615,153.00 for payment for PG&E Utility Upgrades and other scope items for the City of Arvin’s Wastewater Treatment Plant Solar Renewable Energy Project, and related budget adjustments.
BACKGROUND:
At a regularly scheduled City Council meeting on November 28th, 2023, the City of Arvin City Council voted to contract with Veolia Sustainable Buildings USA West, Inc. (f/k/a Enovity, Inc.) (“Veolia”) to install a solar renewable energy generating system at the City of Arvin wastewater treatment plant to take advantage of the Net Energy Metering (NEM) v2.0 program that offered the City of Arvin first year savings of $233,091.00 with an estimated total energy saving over the life of the program of $16,859,478.00. The City applied for a one percent (1.0%) interest loan program through the California Energy Commission (“CEC”) and secured a $3,000,000 loan. The City also identified an additional $1,285,714.00 in potential Inflation Reduction Act (IRA) funding through the direct payment option for the Investment Tax Credit (“ITC”), for solar renewable energy systems for a total potential funding package of $4,285,714.00.
The Veolia contract was approved at $3,670,561.00 from the originally proposed $3,900,000.00 cost, as certain PG&E utility upgrades were not included in the Veolia contract as PG&E had then not provided a hard cost for the required upgrades. These additional costs from PG&E were anticipated, and a City-controlled contingency of $385,714.00 was included as an estimate of these PG&E costs, which was contained in the funding package submitted to and approved by the CEC, which is attached as Attachment 1 (see Exhibit A, Attachment 1, in the City of Arvin’s Loan Agreement 008-23-ECI). The actual cost from PG&E for the City’s transformer upgrade is currently estimated at $241,276.86, which was lower than the original estimate as illustrated below. This cost is still an estimate at this point until PG&E finalizes their engineering and cost proposal to upgrade the service.
7.A.b
Attachment: 1. SR - Veolia Amend 1 to Master Services Agmt_031125 (Amend #1 to Master Services Agreement No. 2023-31 with Veolia
The CEC Energy Conservation Assistance Act Approved Funding Package, executed by the City of Arvin, is attached to this staff report as Exhibit A.
Due to the fact that Veolia lowered the price for the solar renewable energy system from $3,900,000.00 to $3,670,561.00, the City’s available contingency increased $229,439.00, from $385,714.00 to $615,153.00.
To pay for the PG&E utility upgrades, the City could pay directly from the General Fund (OPTION #1) or the City could amend the contract with Veolia so that Veolia coordinates the PG&E work and pays PG&E and is then repaid by the City pursuant to the Veolia contract, which has extended payment terms tied to the City’s receipt of ITC funds (OPTION #2). A draft of an amendment to the Veolia contract accomplishing this section option is attached here as Attachment 2.
Staff has also thoroughly reviewed the financial pro forma and cash flows to ensure that the Return on Investment (ROI) to the City of Arvin remains intact. Staff has determined that the ROI’s originally presented by Veolia were conservative and assumed the entire contingency budget would be spent., that all City Controlled Contingencies would be used to install the project. To date, the City has not used all the contingency funds, and the ROI should increase if this remains the case throughout the rest of the project.
STAFF RECOMMENDATION:
Staff recommends that the Council approve the contract Addendum #1 with Veolia and to give the City Manager the authority to charge any owner controlled contingency costs, subject to approval by the Arvin City Council if any individual change order exceeds $30,000.00, related to the Veolia Solar Renewable Energy System at the wastewater treatment plant project to the City Controlled Contingency budget as illustrated in the approved funding package by the California Energy Commission and Veolia contract.
7.A.b
Attachment: 1. SR - Veolia Amend 1 to Master Services Agmt_031125 (Amend #1 to Master Services Agreement No. 2023-31 with Veolia
OPTION #1:
CITY OF ARVIN PAYS PG&E AND OTHER SUBCONTRACTORS DIRECTLY FOR
PG&E AND OTHER POTENTIAL FUTURE UPGRADES FROM GENERAL FUND UP TO $615,153.00.
OPTION #2:
CITY OF ARVIN APPROVES VEOLIA CONTRACT ADDENDUM #1 TO INCLUDE
UPGRADE COSTS IN THE EXTENDED PAYMENT TERMS WITH VEOLIA UNTIL
ALL FUNDING IS SECURED WITH CALIFORNIA ENERGY COMMISSION AND
FEDERAL GOVERNMENT INVESTMENT TAX CREDIT DIRECT PAY AND NOT TO EXCEED TOTAL PROJECT COST OF $4,285,714.00 PER APPROVED FUNDING BUDGET.
ATTACHMENTS:
1. Veolia-Arvin – Amendment 1 to Solar MSA and SOW
2. City of Arvin CEC ECAA Loan Funding Package – “008-23-ECI Final Distribution”
3. Solar NEM 2.0 Cash Flow Analysis – City of Arvin – 12092024.pdf
7.A.b
Attachment: 1. SR - Veolia Amend 1 to Master Services Agmt_031125 (Amend #1 to Master Services Agreement No. 2023-31 with Veolia AGREEMENT NO. ______________
AMENDMENT NO. 1 TO
MASTER SERVICES AGREEMENT AND STATEMENT OF WORK
This Amendment No. 1 (this “Amendment”), with an effective date of [DATE], 2025, is an amendment to that certain Master Services Agreement (Agreement No. 2023-31), dated December 4, 2023 (the “Agreement”), by and between Veolia Sustainable Buildings USA West, Inc., formerly known as Enovity, Inc. (“Service Provider”), and the City of Arvin, California (“Client” and, together with Service Provider, the “Parties”).
RECITALS
WHEREAS, Client and Service Provider entered into the Agreement in order to provide for the implementation of renewable energy projects; and
WHEREAS, pursuant to the Agreement, the Parties entered into a Statement of Work, dated December 4, 2023, to construct a solar renewable energy system to provide renewable clean energy for Client’s Wastewater Treatment Plant (the “SOW”); and
WHEREAS, effective March 1, 2024, Service Provider changed its corporate name from Enovity, Inc. to Veolia Sustainable Buildings USA West, Inc.;
WHEREAS, the Parties wish to amend the Agreement to, among other things, reflect Service Provider’s name change and revise the SOW to provide for contingency funds under the SOW.
NOW, THEREFORE, in consideration of the mutual covenants and conditionscontained in this Amendment, the Parties agree as follows:
1. Capitalized terms used but not otherwise defined in this Amendment shall have the same meaning given to those terms in the Agreement.
2. The Parties understand and agree that the Service Provider’s legal name is “Veolia Sustainable Buildings USA West, Inc.” and the Parties hereby amend the Agreement such that wherever in the Agreement Service Provider’s name appears as “Enovity, Inc.”, for each such instance, Service Provider’s name is hereby deleted and replaced to read “Veolia Sustainable Buildings USA West, Inc.”
3. The Parties agree and affirm that the Effective Date of the Agreement is December 4, 2023 and that the SOW Effective Date is December 4, 2023.
4. Section 2 of the SOW is hereby amended to delete “$3,670,561.00” and replace it with “$4,285,714.00.”
5. The SOW is hereby amended by deleting in its entirety Schedule 1, Schedule of Values and replacing it with the Schedule 1, Schedule of Values attached to this Amendment.
7.A.c
Attachment: 2. Veolia-Arvin - Amendment 1 to Solar MSA and SOW (Amend #1 to Master Services Agreement No. 2023-31 with Veolia
6. This Amendment sets forth the entire agreement between the Parties with respect to the matters set forth herein. There have been no additional oral or written representations or agreements. Except as expressly modified or amended herein, all the terms and conditions set forth in the Agreement and the SOW remain unchanged, in full force and effect, and are incorporated by reference. In the event of a conflict between the provisions of the Agreement or the SOW and this Amendment, the provisions of this Amendment shall govern and control.
7. This Amendment may be executed in multiple counterparts, each of which is deemed an original but together constitute one and the same instrument, and a signature delivered by email or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signature. The individuals executing this Amendment represent and warrant that they have the right, power, legal capacity, and authority to enter into this Amendment on behalf of the respective legal entities of Service Provider and Client. This Amendment shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. [Signature Page Follows]
7.A.c
Attachment: 2. Veolia-Arvin - Amendment 1 to Solar MSA and SOW (Amend #1 to Master Services Agreement No. 2023-31 with Veolia IN WITNESS WHEREOF, the undersigned warrant and represent that they have been duly authorized to sign this Agreement on behalf of their respective Parties:
CLIENT: SERVICE PROVIDER:
City of Arvin, California Veolia Sustainable Buildings USA West, Inc.
By: By:
Name: Name:
Title: Title:
APPROVED AS TO FORM:
By:
Name:
Title: City Attorney
7.A.c
Attachment: 2. Veolia-Arvin - Amendment 1 to Solar MSA and SOW (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Schedule 1
Schedule of Values
Item Description Amount
1 Program Development* $84,946.39
2 Project Management, Commissioning, and Closeout** $386,252.87 3 Performance Bond* $42,482.47
4 Engineering and Design $160,333.92
6 Solar Equipment $1,633,585.26
7 Earthwork and Centrate Line** $296,820.77
9 Installation Labor** $740,974.71
10 Warranty $89,664.61
11 Carrying Cost Fee** $235,500.00
12 Client’s Contingency*** $615,153.00
Total $4,285,714.00
*Due upon contract execution
**Billed over the project duration
***Client’s Contingency may be used to pay for contingency items and/or additional work to be performed by Service Provider to be documented by amendments to the SOW or additional Task Authorizations to be executed between Client and Service Provider.
Service Provider will invoice Client Contingency items in accordance with Section 4 of the Agreement.
Payments to be made in accordance with Section 4 of the Agreement; provided, however, that the Client may designate up to $1,000,000.00 in invoices for deferred payment such that Client will not be required to remit for payment to Service Provider such amounts designated for deferral until the earlier to occur of: (a) seven (7) days from the date of receipt by Client of Investment Tax Credit amounts from the United States Government related to the Project in an amount greater than or equal to the amount designated for deferral; and (b) five hundred and forty-seven (547) days from the invoice date of the first invoice designated for deferral.
7.A.c
Attachment: 2. Veolia-Arvin - Amendment 1 to Solar MSA and SOW (Amend #1 to Master Services Agreement No. 2023-31 with Veolia
STATE OF CALIFORNIA
LOAN AGREEMENT
CEC-142 (05/10)
CALIFORNIA ENERGY COMMISSION
BORROWER AGREEMENT NUMBER
City of Arvin 008-23-ECI ADDRESS AGREEMENT TERM
200 Campus Drive
Arvin, CA 93203
03/14/2024 to 09/30/2025
The effective date of this Agreement is the date the California Energy Commission signs the Agreement. No work is authorized, or shall begin until the California Energy Commission signs the Agreement. See the signature date below for effective start date.
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.
Exhibit A – Energy Conservation Assistance Act Loan Agreement Page(s): 09 Exhibit A – Attachment 1 – Budget Detail/Project Cost and Savings Page(s): 01 Exhibit B – Promissory Note Page(s): 03
Exhibit B – Attachment 1 – Estimated Amortization Schedule Page(s): 02 Exhibit C – Contacts Page(s): 01
REIMBURSABLE AMOUNT
$ 3,000,000
MATCH SHARE
$ 0
TOTAL
$ 3,000,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.
CALIFORNIA ENERGY COMMISSION RECIPIENT AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE
NAME PHONE NAME PHONE
Adrienne Winuk (916) 891-8629
TITLE
Contracts, Grants and Loans Office Manager CALIFORNIA ENERGY COMMISSION ADDRESS 715 P Street, MS-18, Sacramento, CA 95814
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 1 of 9 City of Arvin
EXHIBIT A
ENERGY CONSERVATION ASSISTANCE ACT LOAN AGREEMENT
This Loan Agreement (the “Agreement”) is entered into as of the date it is executed by both parties hereto, between the California Energy Resources Conservation and Development Commission (the “Energy Commission”) and the City of Arvin (the “Borrower”) located in Arvin, CA.
1. STATUTORY AUTHORITY AND LOAN
A. Pursuant to the purposes authorized by section 25410, et seq., of the California Public Resources Code (the “Energy Conservation Assistance Act”), the Energy Commission has approved the Borrower’s loan application dated July 3, 2023 which is not attached but is expressly incorporated by reference herein.
B. Subject to the terms, covenants, conditions, and including Special Conditions (if applicable) contained herein, and the Budget Detail/Summary of Project Cost and Savings attached as Exhibit A, Attachment 1 hereto to the extent it modifies the Borrower’s loan application, the Energy Commission shall make a loan to the Borrower (the “Loan”) in the amount of three million dollars ($3,000,000) evidenced by a Promissory Note (the “Promissory Note”) for loan number 008-23-ECI attached hereto as Exhibit B.
2. PURPOSE
The Borrower agrees to expend all funds disbursed pursuant to this Agreement only for the purposes and in the amounts set forth in Exhibit A, Attachment 1 (the “Project”). Any other use of funds disbursed hereunder shall require prior written approval by the Energy Commission.
3. LOAN DISBURSEMENT SCHEDULE
A. The Energy Commission agrees to disburse funds to the Borrower upon the Borrower’s execution of the attached Promissory Note and required supplemental documents, including invoices as required in Section 3.B below.
B. Loan funds shall be disbursed on a reimbursement basis based on invoices submitted by Borrower in a form approved by the Energy Commission.
Backup documentation for actual expenditures (such as timecards, vendor invoices, etc) and proof of payment must be provided to substantiate the request. Energy Commission staff will approve invoices only after verifying
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 2 of 9 City of Arvin
requested amounts against backup billings and determining that expenses are appropriate and used for the authorized purposes of this Loan. For executed Agreements, invoices for expenses incurred during the Agreement Term are eligible for reimbursement.
C. All invoices must be submitted within sixty (60) days after Project completion.
D. The final ten percent (10%) of the Loan amount will be withheld as retention until the final report is received from the Borrower and the Commission’s Project Manager determines the Project has been satisfactorily completed.
4. LOAN REPAYMENT AND INTEREST
All funds disbursed hereunder, together with all interest payable thereon, shall be repaid to the Energy Commission in accordance with the terms of the Promissory Note. The Loan shall bear simple interest at the annual rate set forth in the attached Promissory Note on the principal balance of Loan funds disbursed to the Borrower. Payment of said interest shall be due at the time of semiannual scheduled Loan repayment installments to the Energy Commission, and interest shall accrue from the time of disbursal of funds to the Borrower until receipt of full Loan repayment to the Energy Commission.
5. TERM
A. The effective date of this Agreement shall be the date on which it has been executed by both parties hereto. No work is authorized, or shall begin until the Energy Commission signs the Agreement.
B. The Borrower agrees to complete performance of its obligations under this Agreement within the applicable periods stated in this Agreement.
6. PREPAYMENT
The Borrower shall have the right to prepay all or any part of the amount of this Loan at any time without penalty.
7. PROMISSORY NOTE
In order to evidence its debt to the Energy Commission hereunder, the Borrower agrees to, contemporaneously with the execution of this Agreement, execute and deliver to the Energy Commission the Promissory Note (attached as Exhibit B hereto).
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 3 of 9 City of Arvin
8. ACCOUNTS, AUDITS, AND RECORDS
A. The Borrower agrees to establish on its books a separate account for this Loan. This account shall be maintained as long as the Loan obligation remains unsatisfied.
B. The Borrower further agrees to maintain records that accurately and fully show the date, amount, purpose, and payee of all expenditures drawn on said account for three (3) years after this Loan is repaid in full unless the Energy Commission requests a longer retention period.
C. The Borrower further agrees to utilize a voucher system by which all expenditures from said account will be authorized and authenticated.
D. The Borrower further agrees to allow the Energy Commission or any other agency of the State of California (the “State”) or their designated representatives, on written request, to have reasonable access to, and the right of inspection of, all records that pertain to said account or the Project.
The Borrower also agrees to submit to an independent audit, if requested by the Energy Commission, at the expense of the Borrower. Borrower agrees to maintain all such records for a minimum of three years after this Loan is repaid in full unless the Energy Commission notifies the Borrower, prior to the expiration of such three-year period, that a longer period of record retention is necessary.
9. SOURCE OF REPAYMENT; OPERATION OF PROJECT
A. Semiannual payments due to the Energy Commission under this Agreement shall be made from savings in energy costs or other legally available funds as the Borrower chooses. If the Borrower is a county, city, town, township, board of education, or school district, the Borrower agrees that the amount of the semiannual Loan repayment shall not be raised by the levy of additional taxes and shall not be an obligation against tax revenues, but shall be obtained either from savings in energy costs resulting from the subject energy conservation projects or other legally available funds as the Borrower chooses.
B. Energy cost savings as determined by the Energy Commission are based on energy usage and serving utility rate schedules at the time the Loan application is submitted, except as specified in Special Conditions, if any, as detailed in this Agreement, and the information and data contained in the Borrower’s loan application and technical study. The following will not affect the Energy Commission’s initial finding of energy cost savings, and are not a basis for claiming a lack of energy savings: a) changes in energy use and/or rate schedules which occur after submittal of the Loan application,
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 4 of 9 City of Arvin
except as specified in Special Conditions, if any, as detailed in this Agreement, b) deviations in the Project work scope from what was approved by the Energy Commission, c) changes in the Borrower’s facility and/or equipment which occur after submittal of the Loan application, including, but not limited to maintenance, operations, schedules, employees and facility alterations and expansions, d) deviations, omissions or errors found in the loan application and technical study after submittal of the Loan application.
The Borrower is responsible for ensuring the accuracy of the information contained in its loan application and technical study. In the event annual energy cost savings resulting from the Project, as determined by the Energy Commission, fail to equal or exceed the amount due under this Agreement, this Agreement may be renegotiated to assure that the repayment amount does not exceed the actual energy savings or avoided costs resulting from the Project, and the Promissory Note will be revised accordingly. In no event, however, will the number of semiannual installments payable hereunder and under the Promissory Note exceed forty.
C. The Borrower shall obtain and maintain in its records any and all permits and licenses required to install or operate the Project and shall comply with all local, state, and federal laws, rules and codes concerning the Project.
The Borrower shall maintain the Project in good working order for the duration of the Loan and shall insure that staff members are provided appropriate training on the operation and maintenance of the Project. The Borrower shall maintain insurance on the Project and, in the event of any casualty loss covered by such insurance policy, apply the proceeds to the repair of the Project or, with the approval of the Energy Commission, may use the insurance proceeds to install alternate projects to generate alternative energy cost savings to repay the Loan.
D. The Borrower agrees to provide the Energy Commission with the following information for three years following completion of the Project, unless the Energy Commission requests a longer period: (1) the annual computation, required by Section 25414 of the Energy Conservation Assistance Act, of energy cost savings for the most recent fiscal year, calculated in the manner and provided in the format prescribed by the Energy Commission; and (2) any information or change in assumptions or operations which might affect the Energy Commission’s initial determination of energy savings.
E. The Borrower authorizes any official or agent of the Energy Commission or the State to conduct physical inspections of the Project before the commencement; during construction, installation and implementation of the Project; and at any time prior to the complete repayment of the Loan. In each contract entered into with suppliers of goods and services to install, conduct, or operate the Project, including management services, the Borrower shall include terms which allow any officer or agent of the Energy
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 5 of 9 City of Arvin
Commission or the State access to the Project site and to any books, documents, or records directly relevant to the Project.
F. If, prior to final repayment of the Loan, the Borrower sells the equipment or material installed with the proceeds of the Loan or sells the building, facility or system in which the Project has been implemented, then the Borrower shall apply the sale proceeds to repay any remaining balance due under this Agreement in full at the time of such sale. The Borrower shall notify the Energy Commission within five business days of the date on which the Borrower enters into an agreement to effect such transaction. The Borrower shall repay the Energy Commission within 30 calendar days of receiving an invoice from the Energy Commission for the balance due.
G. In accordance with Section 25415 of the Energy Conservation Assistance Act, the Borrower covenants to take such action as may be necessary to include all payments due hereunder in its annual budget and to make the necessary annual appropriations for all such payments. The obligation of the Borrower to make such payments shall be limited to the savings realized by the Borrower as a result of implementing the Project funded by the Loan.
10. DEFAULT
A. The Borrower’s failure to comply with any of the terms of this Agreement shall constitute a breach of this Agreement and an event of default. In such case, the Energy Commission may declare this Agreement to have been breached and be released from any further performance hereunder.
B. In the event of any default or breach of this Agreement by the Borrower, the Energy Commission, without limiting any of its other legal rights or remedies, may, to the extent permitted by law, declare the Promissory Note evidencing this Loan to be immediately due and payable.
11. TERMINATION
A. With Cause
The Energy Commission may, at its option, terminate this Agreement with cause in whole or in part, at any time prior to the funding of the Loan, upon giving five (5) days advance notice in writing to the Borrower. "Cause" includes without limitation:
1) Failure to perform or breach of any of the terms or covenants at the time and in the manner provided in this Agreement; or
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 6 of 9 City of Arvin
2) Significant change in Energy Commission or State policy such that the work or product being funded would not be supported by the Energy Commission; or
3) Reorganization to a business entity unsatisfactory to the Energy Commission.
B. Without Cause
The Energy Commission may, at its option, terminate this Agreement without cause in whole or in part, at any time prior to the funding of the Loan, upon giving thirty (30) days advance notice in writing to the Borrower.
12. REPORTING
A. Progress reports are due each calendar quarter until Project completion. At a minimum, Borrower shall submit progress reports in accordance with the following schedule:
PROGRESS REPORT SCHEDULE
For the Period Covering Report Due Date
January 1 through March 31 April 5th
April 1 through June 30 July 5th
July 1 through September 30 October 5th
October 1 through December 31 January 5th
B. A final report is due no later than (sixty) 60 days after Project completion.
C. The Energy Commission will not process an invoice unless the Borrower’s report submittals are up to date.
D. If requested by the Energy Commission, Borrower shall submit, within ten (10) days after the Energy Commission’s written request, a status report on its activities to date, pursuant to this Agreement.
E. Reports shall be in a format as determined by the Energy Commission.
F. The Borrower shall submit reports regarding energy savings as described in Section 9.D above.
13. GENERAL TERMS
A. Indemnification by the Borrower. The Borrower agrees to indemnify, defend, and save harmless the Energy Commission, the State, and their officers, agents, and employees from any and all claims, losses, or costs (including
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 7 of 9 City of Arvin
reasonable attorney fees) arising out of, resulting from, or in any way connected with the Loan or this Agreement, or the financing or the operation of the facilities financed with the Loan.
B. Ownership of Equipment and Material. All equipment and material acquired under this Agreement shall become the property of the Borrower at time of purchase. The Borrower shall obtain and maintain in its records a written waiver of all claims, other than those previously made in writing and still unsettled, from each contractor who supplies goods and services, including management services, in connection with the Project.
C. Independent Capacity. The Borrower, and the agents and employees of the Borrower, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the Energy Commission or the State of California.
D. Assignment. Without the written consent of the Energy Commission, this Agreement is not assignable or transferable by the Borrower either in whole or in part. The Energy Commission may assign its rights under this Agreement for security purposes, and in such event the assignee of this Loan Agreement, including the bond trustee of any bonds which may be secured by repayment of this Loan, shall be entitled to enforce the provisions hereof and shall be a third party beneficiary of this Agreement.
E. Time of the Essence. Time is of the essence in this Agreement. Borrower is required to take timely actions which, taken collectively, move to completion of the purpose for which this Loan was awarded. The Commission Project Manager will periodically evaluate the progress toward completion. If the Commission Project Manager determines that the Borrower is not progressing toward completion within one (1) year after the effective date of this Agreement, the Commission Project Manager may, without penalty or prejudice to any of the Energy Commission’s other remedies, terminate this Agreement.
F. Amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
G. Severability. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 8 of 9 City of Arvin
H. Governing Law and Venue. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Venue shall be in Sacramento County.
I. Non-discrimination. During the performance of this Agreement, the Borrower and its contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and family care leave. The Borrower and its contractors and subcontractors shall insure the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Borrower and its contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.).
The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this agreement by reference and made a part hereof as if set forth in full. The Borrower and its contractors and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The Borrower and its contractors shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
J. Incorporation of Energy Conservation Assistance Act. The Energy Conservation Assistance Act, together with any applicable rules, regulations or procedures authorized by such statute, is incorporated by reference in this Agreement.
K. Borrower Authorization. The Borrower certifies it has full power and authority to enter into this Agreement, and this Agreement has been duly authorized, executed and delivered by the Borrower. The Borrower acknowledges the resolution of its governing body or other official action authorizing it to enter into this Agreement. The Borrower also authorizes such further acts as are necessary, including execution of the Promissory Note, to implement and further the intent of this Agreement.
L. Prevailing Wage. The Borrower shall comply with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code relating to the payment of prevailing wage for work performed on the Project financed in whole or in part with the proceeds of the Loan.
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 9 of 9 City of Arvin
M. Funding Eligibility. By signing this Agreement, Borrower certifies it is eligible to receive state funding under all applicable laws, including but not limited to Chapter 2.8 “Project Labor Agreements”, of Part 1, of Division 2 of the Public Contract Code.
14. NOTICE
Any notice required to be given to the Energy Commission hereunder shall be sent to the person and address listed under Legal Notices in Exhibit C, Contacts, or at such other address as the Energy Commission may designate in writing to the Borrower. Any notice required to be given to the Borrower hereunder shall be sent to the address shown for Borrower in this Agreement, or at such other address as the Borrower shall designate in writing to the Energy Commission. Notice to either party may be given using the following delivery methods: U.S. mail, overnight mail, or personal delivery, providing evidence of receipt, to the respective parties identified in this Agreement. Delivery by fax or e-mail is not considered notice for the purposes of this Agreement. Notice shall be effective when received, unless a legal holiday for the State commences on the date of the attempted delivery in which case the effective date shall be postponed 24 hours, or whenever the next business day occurs.
15. EXECUTIVE ORDER N-6-22 - RUSSIAN SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Borrower is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Borrower advance written notice of such termination, allowing Borrower at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
Borrower shall flow-down this term to all subcontracts funded in whole or in part by this Agreement.
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Budget Detail Exhibit A, Attachment 1 Loan agreement 008-23-ECI Rev November 13, 2019 Page 1 of 1 City of Arvin
EXHIBIT A
ATTACHMENT 1
BUDGET DETAIL/PROJECT COST AND SAVINGS
This loan is made to the City of Arvin (Borrower) for an energy savings project. The project consists of the energy generation measures listed in Table 1 below to be installed at one site in Arvin, CA in Kern County.
The table below summarizes the estimated project cost(s), saving(s), and simple payback(s) for the project.
TABLE 1: Summary of Project Cost and Savings:
Energy Efficiency Measures Estimated
Total
Project Cost
Energy
Commission
Loan
Estimated
Annual
Energy
Cost
Savings
Simple
Payback*
(Years)
Wastewater Treatment Plant:
Install 997.2 kW-DC ground
mounted solar PV system
$3,900,000 $3,000,000 $233,091 12.9
Wastewater Treatment Plant:
PG&E Utility Side Service
Upgrade
$385,714 $0 $0 N/A
TOTALS: $4,285,714 $3,000,000 $233,091 12.9
*The simple payback is based on the loan amount.
The Borrower shall implement each measure listed in Table 1.
If the Borrower does not complete one or more of the measures or deviates from the quantities and specifications listed in Table 1, the California Energy Commission (CEC) project manager will calculate the maximum loan amount supported by the project. The loan amount will be determined by the lesser of: 1) multiplying the annual energy cost savings by 17; 2) total project costs; or 3) approved loan amount.
The Borrower shall notify the CEC project manager in writing if the Borrower expects any information in Table 1 to change. CEC staff will advise the Borrower of the procedure to approve any changes. Written documentation is required for any changes to the information included in this attachment.
If the Borrower has received disbursements exceeding the maximum loan amount supported by the project, the Borrower shall refund the difference to the CEC within 30 days of notification.
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Promissory Note Exhibit B 008-23-ECI
Rev. January 24, 2017 GKLFEB 1 of 3 City of Arvin
EXHIBIT B
PROMISSORY NOTE
LOAN NUMBER: 008-23-ECI
PRINCIPAL AMOUNT: $3,000,000
INTEREST RATE: 1%
1. For value received, the undersigned, (hereinafter referred to as the “Borrower”), promises to pay to the order of the State of California, Energy Resources Conservation and Development Commission (hereinafter referred to as the “Energy Commission”), at its principal place of business at 715 P Street, Sacramento, California 95814, or at such other place as the Energy Commission may designate the principal sum of three million dollars ($3,000,000) or such lesser amount as shall equal the aggregate amount disbursed to the Borrower by the Energy Commission pursuant to the above-referenced Energy Conservation Assistance Act Loan Agreement (the “Loan Agreement”) between the Borrower and the Energy Commission, together with interest thereon at the rate of 1% percent per annum on the unpaid principal, computed from the date of each disbursement to the Borrower. Principal, together with interest thereon, is due and payable in semiannual installments as specified in the Estimated Amortization Schedule, attached hereto as Exhibit B, Attachment 1 and as amended in the Final Amortization Schedule, beginning on or before December 22 of the fiscal year following the year in which the Project is completed and continuing thereafter on each June 22 and December 22 until said principal and interest shall be paid in full. The Final Amortization Schedule, and any amended Final Amortization Schedule(s), are not attached but are expressly incorporated by reference herein.
2. Payments received will be first applied to billed interest, if any, and the balance, if any, to principal. If all principal is repaid, the balance is applied to accrued interest.
3. Payment of any scheduled installment received within thirty (30) days of the due date shall be considered to have been received on the due date. Interest on the principal portion of the payment accrues through the due date.
4. Payment of any scheduled installment received more than thirty (30) days after the due date shall be considered late. Interest on the principal portion of the payment accrues through the actual date payment is received.
5. The Borrower may prepay this Promissory Note in full or in part, without penalty.
6. In accordance with Section 25415 of the Energy Conservation Assistance Act, the Borrower covenants to take such action as may be necessary to include all payments due hereunder in its annual budget and to make the necessary annual appropriations for all such payments. The obligation of the Borrower to make
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Promissory Note Exhibit B 008-23-ECI
Rev. January 24, 2017 GKLFEB 2 of 3 City of Arvin
such payments shall be limited to the savings realized by the Borrower as a result of implementing the Project funded by the Loan.
7. If any installment is not paid within thirty (30) days after its due date, the Energy Commission, at its option, may require the Borrower to pay a late charge equal to five percent (5%) of the amount of the installment or Five Dollars ($5.00), whichever is greater.
8. On the occurrence of any event of default, the Energy Commission, at its sole election and without limiting any of its other legal rights or remedies, may, to the extent permitted by law, declare all or any portion of the principal and accrued interest on this Promissory Note to be immediately due and payable and may proceed at once without further notice to enforce this Promissory Note according to law.
9. Each of the following occurrences shall constitute an event of default:
A. Failure of the Borrower to repay any principal or interest when due under the terms of this Promissory Note;
B. Termination of the Loan Agreement pursuant to the terms thereof or breach by the Borrower of any terms of said Loan Agreement; C. Failure of the Borrower to undertake in a timely way the express and implied activities for which said Loan Agreement has been executed; D. Failure of the Borrower to obtain prior written Energy Commission approval before undertaking a change in the scope of the activities for which said Loan Agreement has been executed; or
E. Occurrence of: (1) the Borrower becoming insolvent or bankrupt or being unable or admitting in writing its inability to pay its debts as they mature or making a general assignment for the benefit of or entering into any composition or arrangement with creditors; (2) proceedings for the appointment of a receiver, trustee, or liquidator of the assets of the Borrower or a substantial part thereof, being authorized or instituted by or against the Borrower; or (3) proceedings under any bankruptcy, reorganization, readjustment of debt, insolvency, dissolution, liquidation or other similar law, or any jurisdiction being authorized or instituted against the Borrower.
10. No delay or failure of the Energy Commission in the exercise of any right or remedy hereunder or under any other agreement which secures or is related hereto shall affect any such right or remedy, and no single or partial exercise of any such right or remedy shall preclude any further exercise thereof, and no action taken or omitted by the Energy Commission shall be deemed a waiver of any such right or remedy.
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Promissory Note Exhibit B 008-23-ECI
Rev. January 24, 2017 GKLFEB 3 of 3 City of Arvin
11. Any notice to the Borrower provided for in this Promissory Note shall be given by mailing such notice by certified mail, return receipt requested, addressed to the Borrower at the address stated in the Loan Agreement, or to such other address as the Borrower may designate by notice to the Energy Commission. Any notice to the Energy Commission shall be given by mailing such notice by certified mail, return receipt requested, to the Energy Commission at the address stated in the Loan Agreement, or at such other address as may have been designated by notice to the Borrower.
12. If suit is brought to collect any part of this Promissory Note, the Energy Commission shall be entitled to collect all reasonable costs and expenses of said suit and any appeal therefrom, including reasonable attorney’s fees.
13. This Promissory Note shall be binding upon the Borrower and its permitted successors and assigns and upon the Energy Commission and its permitted successors and assigns. Without the written consent of the Energy Commission, this Promissory Note is not assignable or transferable by the Borrower either in whole or in part. The Energy Commission may assign its rights under this Promissory Note for security purposes, and in such event the assignee of this Promissory Note, including the bond trustee of any bonds which may be secured by repayments of this Promissory Note, shall be entitled to enforce the provisions hereof and shall be a third party beneficiary of this Promissory Note.
14. This Promissory Note shall be construed and enforced in accordance with the laws of the State of California.
City of Arvin
BORROWER
PRINTED NAME OF AUTHORIZED
REPRESENTATIVE
AUTHORIZED SIGNATURE
TITLE
DATE
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Unscheduled
Interest Amount
Payment 25 12/22/2038 $2,296.01 $115,922.92 $2,296.01 $113,626.91 $344,319.56 $112,495.97 $571,022.11
Payment 24 6/22/2038 $2,847.29 $115,922.92 $2,847.29 $113,075.63 $457,946.48 Payment 23 12/22/2037 $3,426.95 $115,922.92 $3,426.95
$111,376.24 $795,474.52
Payment 22 6/22/2037 $3,966.48 $115,922.92 $3,966.48 $111,956.44 $683,518.08 Payment 21 12/22/2036 $4,546.68 $115,922.92 $4,546.68
$110,267.77 $1,017,671.39
Payment 20 6/22/2036 $5,102.30 $115,922.92 $5,102.30 $110,820.62 $906,850.76 Payment 19 12/22/2035 $5,655.15 $115,922.92 $5,655.15
$109,170.17 $1,237,690.58
Payment 18 6/22/2035 $6,171.50 $115,922.92 $6,171.50 $109,751.42 $1,127,939.16 Payment 17 12/22/2034 $6,752.75 $115,922.92 $6,752.75
$108,083.45 $1,455,525.98
Payment 16 6/22/2034 $7,257.69 $115,922.92 $7,257.69 $108,665.23 $1,346,860.75 Payment 15 12/22/2033 $7,839.47 $115,922.92 $7,839.47
$107,007.53 $1,671,199.25
Payment 14 6/22/2033 $8,333.10 $115,922.92 $8,333.10 $107,589.82 $1,563,609.43 Payment 13 12/22/2032 $8,915.39 $115,922.92 $8,915.39
$105,942.54 $1,884,680.47
Payment 12 6/22/2032 $9,449.22 $115,922.92 $9,449.22 $106,473.70 $1,778,206.77 Payment 11 12/22/2031 $9,980.38 $115,922.92 $9,980.38
$104,887.86 $2,096,094.17
Payment 10 6/22/2031 $10,451.76 $115,922.92 $10,451.76 $105,471.16 $1,990,623.01 Payment 9 12/22/2030 $11,035.06 $115,922.92 $11,035.06
$103,843.65 $2,305,409.49
Payment 8 6/22/2030 $11,495.47 $115,922.92 $11,495.47 $104,427.45 $2,200,982.03 Payment 7 12/22/2029 $12,079.27 $115,922.92 $12,079.27
$102,809.81 $2,512,647.24
Payment 6 6/22/2029 $12,528.82 $115,922.92 $12,528.82 $103,394.10 $2,409,253.14 Payment 5 12/22/2028 $13,113.11 $115,922.92 $13,113.11
$101,786.59 $2,717,753.97
Payment 4 6/22/2028 $13,626.00 $115,922.92 $13,626.00 $102,296.92 $2,615,457.05 Payment 3 12/22/2027 $14,136.33 $115,922.92 $14,136.33
$79,101.00 $2,920,899.00
Payment 2 6/22/2027 $14,564.48 $115,922.92 $14,564.48 $101,358.44 $2,819,540.56 Payment 1 12/22/2026 $36,821.92 $115,922.92 $36,821.92
Principal Payment Principal Balance
Disbursement 1 9/30/2025 $0.00 ($3,000,000.00) $0.00 ($3,000,000.00) $3,000,000.00 Trans #
Payment
Date Accrued Interest Payment Amount Interest Payment
Interest Rate: 1.00% Annual Energy Savings: $233,091.00 Transaction Date
Payment
Number
e
Num
Receipt
Number
Disbursement
Amount
Billing Invoice
Interest Amount
Repay Principal
Amount
Repay Interest
Amount
Unscheduled
Principal Amount
Recipient: City of Arvin Estimated Disbursement Date: 9/30/2025 Loan Amount: $3,000,000.00 Estimated Project Completion Date: 9/30/2025 State of California
Energy Resources Conservation
and Development Commission
715 P Street
Sacramento, California 95814-5512
ATTACHMENT 1 - ESTIMATED AMORTIZATION SCHEDULE
Loan Number: 008-23-ECI Number of Payments: 28
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, State of California
Energy Resources Conservation
and Development Commission
715 P Street
Sacramento, California 95814-5512
$114,769.20 $115,344.32
Payment 28 6/22/2040 $578.30 $115,922.63 $578.30 $115,344.33 $0.00 Payment 27 12/22/2039 $1,153.72 $115,922.92 $1,153.72
Payment 26 6/22/2039 $1,716.88 $115,922.92 $1,716.88 $114,206.04 $230,113.52
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Exhibit C
Contacts
Contacts Exhibit C 008-23-ECI
Rev. September 25, 2020 Page 1 of 1 City of Arvin
California Energy Commission Recipient
Commission Agreement Manager:
Sean Lockwood
California Energy Commission
715 P Street
Sacramento, CA 95814
Phone: (916) 891-9074
Fax:
e-mail: [email protected]
LEA/Applicant Project Manager:
Name: Jeff Jones
City Manager, City Finance Direct and
Direct of Public Works
Address: 200 Campus Drive
Arvin, CA 93203
Phone: 661-854-3134
e-mail: [email protected]
Energy Commission Loan Officer:
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street
Sacramento, CA 95814
LEA/Applicant Accounting Officer:
Name: Jeff Jones
City Manager, City Finance Direct and
Direct of Public Works
Address: 200 Campus Drive
Arvin, CA 93203
Phone: 661-854-3134
e-mail: [email protected]
Invoices, Progress Reports and
Non-Confidential Deliverables to:
California Energy Commission
Accounting Officer
Email PDF invoices and reports to
[email protected]
LEA/Applicant Accounting Officer:
Name: Jeff Jones
City Manager, City Finance Direct and
Direct of Public Works
Address: 200 Campus Drive
Arvin, CA 93203
Phone: 661-854-3134
e-mail: [email protected]
Legal Notices:
Loans Manager
715 P Street
Sacramento, CA 95814
Phone: (916) 237-2515
e-mail:
[email protected]
LEA/Contractor:
Name: Mirna Romero
Address: Veolia North America
100 Montgomery St., Suite 600
San Francisco, CA 94104
Phone: 916 712 6665
e-mail: [email protected]
7.A.d
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West,
CONFIDENTIAL & PROPRIETARY
Year Annual ECAA Loan
Payment O&M & PeGu
Maintenance Savings &
Avoided Capital
Expenditure
Grants, Rebates &
Incentives
Projected Utilty Cost
Reduction Annual Cost Savings Cumulative Cost
Savings
0 $ - $ - $ 380,000 $ - $ 233,091 $ 613,091 $ 613,091
1 $ 247,244 $ 24,975 $ - $ 1,285,714 $ 247,076 $ 1,260,571 $ 1,873,662 2 $ 247,244 $ 25,724 $ - $ - $ 261,901 $ (11,068) $ 1,862,595 3 $ 247,244 $ 26,496 $ - $ - $ 277,615 $ 3,875 $ 1,866,469 4 $ 247,244 $ 27,291 $ - $ - $ 294,272 $ 19,737 $ 1,886,206 5 $ 247,244 $ 28,110 $ - $ - $ 311,928 $ 36,574 $ 1,922,780 6 $ 247,244 $ 28,953 $ - $ - $ 330,644 $ 54,447 $ 1,977,227 7 $ 247,244 $ 29,821 $ - $ - $ 350,483 $ 73,417 $ 2,050,644 8 $ 247,244 $ 30,716 $ - $ - $ 371,512 $ 93,551 $ 2,144,195 9 $ 247,244 $ 31,638 $ - $ - $ 393,802 $ 114,920 $ 2,259,115 10 $ 247,244 $ 32,587 $ - $ - $ 417,430 $ 137,599 $ 2,396,715 11 $ 247,244 $ 33,564 $ - $ - $ 442,476 $ 161,668 $ 2,558,382 12 $ 247,244 $ 34,571 $ - $ - $ 469,025 $ 187,209 $ 2,745,591 13 $ 247,244 $ 35,608 $ - $ - $ 497,166 $ 214,314 $ 2,959,905 14 $ - $ 36,677 $ - $ - $ 526,996 $ 490,320 $ 3,450,225 15 $ - $ 37,777 $ - $ - $ 558,616 $ 520,839 $ 3,971,064 16 $ - $ 38,910 $ - $ - $ 592,133 $ 553,223 $ 4,524,287 17 $ - $ 40,078 $ - $ - $ 627,661 $ 587,584 $ 5,111,870 18 $ - $ 41,280 $ - $ - $ 665,321 $ 624,041 $ 5,735,911 19 $ - $ 42,518 $ - $ - $ 705,240 $ 662,722 $ 6,398,633 20 $ - $ 214,164 $ - $ - $ 747,554 $ 533,391 $ 6,932,023 21 $ - $ 45,108 $ - $ - $ 792,408 $ 747,300 $ 7,679,324 22 $ - $ 46,461 $ - $ - $ 839,952 $ 793,491 $ 8,472,815 23 $ - $ 47,855 $ - $ - $ 890,349 $ 842,495 $ 9,315,309 24 $ - $ 49,290 $ - $ - $ 943,770 $ 894,480 $ 10,209,789 25 $ - $ 50,769 $ - $ - $ 1,000,396 $ 949,627 $ 11,159,417 26 $ - $ 52,292 $ - $ - $ 1,060,420 $ 1,008,128 $ 12,167,545 27 $ - $ 53,861 $ - $ - $ 1,124,045 $ 1,070,185 $ 13,237,729 28 $ - $ 55,477 $ - $ - $ 1,191,488 $ 1,136,011 $ 14,373,741 29 $ - $ 57,141 $ - $ - $ 1,262,977 $ 1,205,836 $ 15,579,577 30 $ - $ 58,855 $ - $ - $ 1,338,756 $ 1,279,901 $ 16,859,478 Totals $ 3,214,178 $ 1,358,566 $ 380,000 $ 1,285,714 $ 19,766,508 $ 16,859,478 $ 16,859,478 Return on Investment 393.39%
Notes:
01.)Veolia Sustainable Buildings USA West, Inc. is not a Municipal Financial Advisor and this tool is used to confirm if the proposed project is "Budget Neutral" or better in compliance with CA Government Code 4217.
02.) Project has been sized to take advantage of the Federal Investment Tax Credit (ITC) to be paid to the City of Arvin directly through Inflation Reduction Act granting these tax credits as a cash payment to municipalities.
03.) Project savings are based upon securing the Net Energy Metering v2.0 program.
04.) Financing to be secured through the Califorina Energy Commission (CEC) Energy Conservation Assitance Act (ECAA) (1% Interest) Loan Program
05.) CEC ECAA Loan Program will require City of Arvin to make progress payments during construction and submitt copy of invoice and check for reimbursement monthly.
06.) Veolia will finance the project balance remaining after CEC ECAA Loan until the cash Federal ITC Cash Payment is received. Not to exceed one year.
07.) Scope of work includes relocation of the Centrate Line
08.) Scope of work includes all electrical switchgear upgrades from 800 amps main service to 2000 amp main service on the customer side of the meter. Utility side upgrades to be funded by owner controlled contingency.
09.) Scope of work does not include tax consulting services that may be required to secure the Federal Investment Tax Credit (ITC) Direct Payment Option for Municipalities.
ASSUMPTIONS & INPUTS
BASE PROJECT COST $ 3,670,561
CITY CONTROLLED CONTINGENCY $ 615,153
TOTAL PROJECT COST $ 4,285,714
ECAA LOAN AMOUNT $ 3,000,000
ECAA FINANCE TERM (YEARS) 13
ECAA INTEREST RATE 1.00%
FINANCED AMOUNT $ -
FINANCE TERM (YEARS) -
INTEREST RATE 0.00%
TEML # YEAR DEFERRAL 0
UTILITY ESCALATION 6.0%
CALCULATED SAVINGS $ 233,091
SOLAR O&M COST $ 24,975
O&M/MAINT ESCALATION 3.0%
TOTAL SGIP $ -
FINANCIAL PRO FORMA
Solar Renewable Energy System Located
7.A.e
Attachment: 4. Solar NEM 2.0 Cash Flow Analysis - City of Arvin - 12092024 (Amend #1 to Master Services