Soledad City Council
July 1, 2026

June 24, 2026

FEE SCHEDULE & BASIS OF CHARGES
FY2026-2027 FEE SCHEDULE & BASISOF CHARGES

FOR THE CITY OF SOLEDAD
All Rates are Subject to Basis of Charges

PLAN REVIEW COST STRUCTURE NOTES
Plan Review Percentage: 60%
(Inclusive of all disciplines except Fire and Civil which are bulled on an hourly basis)
Hourly Plan Review: $165 Structural Review
$144 Non-Structural Review
Fee includes:
 Initial review and two (2) rechecks. Hourly
charges apply after three (3) or more rechecks.
 Shipping, courier, and electronic service.

Building
Chief Building Official..................................................................................................................................$175/hour Deputy Building Official ..............................................................................................................................$149/hour Structural Plan Review Engineer.................................................................................................................$165/hour Non-Structural Plans Examiner...................................................................................................................$144/hour Civil Engineer (Grading, Improvement Plans) .............................................................................................$180/hour Certified Access Specialist (CASp) Inspector...............................................................................................$160/hour Certified Access Specialist (CASp) Plans Examiner......................................................................................$160/hour Stormwater Compliance Inspector.............................................................................................................$149/hour Senior Combination Building Inspector (Building Inspector III) ..................................................................$134/hour Commercial Building Inspector II................................................................................................................$118/hour Building Inspector I .....................................................................................................................................$103/hour Permitting Manager....................................................................................................................................$103/hour Lead / Senior Permit Technician .................................................................................................................. $98/hour Permit Technician ........................................................................................................................................ $88/hour Administrative Assistant.............................................................................................................................. $77/hour Inspector of Record ....................................................................................................................................$149/hour DSA Class 1 / HCAI A Inspector ...................................................................................................................$175/hour DSA Class 2 / HCAI B Inspector....................................................................................................................$144/hour DSA Class 3 / HCAI C Inspector....................................................................................................................$103/hour elas Software ................................................................................................................................. $50/user monthly Fire Services
Fire Protection Engineer (FPE) ....................................................................................................................$211/hour Fire Marshal................................................................................................................................................$175/hour Fire Plans Examiner.....................................................................................................................................$160/hour Fire Inspector I ............................................................................................................................................$144/hour Fire Inspector II...........................................................................................................................................$160/hour Attachment 1
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4LEAF Building Planning Plan Review, and Building Inspection Services to the City of Soledad Fee Schedule and Basis of Charges

June 24, 2026
Planning
Housing Policy Director...............................................................................................................................$216/hour Planning Director........................................................................................................................................$196/hour Principal/Planning Manager........................................................................................................................$180/hour Historic Preservation Planner .....................................................................................................................$175/hour Environmental Planner...............................................................................................................................$175/hour Senior Planner.............................................................................................................................................$165/hour Associate Planner........................................................................................................................................$144/hour Assistant Planner ........................................................................................................................................$118/hour Planning Technician ....................................................................................................................................$103/hour GIS Specialist...............................................................................................................................................$144/hour Code Enforcement
Code Enforcement Director........................................................................................................................$180/hour Code Enforcement Manager.......................................................................................................................$160/hour Senior Code Enforcement Officer...............................................................................................................$113/hour Code Enforcement Officer II .......................................................................................................................$93/hour Code Enforcement Officer I ........................................................................................................................$82/hour Hearing Officer............................................................................................................................................$149/hour Project Management
Project Manager .........................................................................................................................................$201/hour Principal-in-Charge......................................................................................................................................$252/hour

BASIS OF CHARGES
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly.
• Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments.
• Most plan reviews will be done in 10 business days or less and 5 business days or less for re-checks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the City. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed. • All plan review services will be subject to a $309.00 minimum fee if percentage-based fee or 2-hour minimum charge if hourly rates apply.
• Larger complex plan reviews can be negotiated to achieve the best possible pricing. • All plan review services will be subject to 2-hour minimum fee. • All plan review services are billed on a percentage basis and include the initial review and 2 rechecks. - Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case-by-case basis.
- Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
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4LEAF Building Planning Plan Review, and Building Inspection Services to the City of Soledad Fee Schedule and Basis of Charges

June 24, 2026
• 4LEAF assumesthat these rates reflect the FY2026-2027 contract period. There will be a 3% escalation for each subsequent Fiscal Year. (i.e. FY2027-2028, FY2028-2029, and so forth) • Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Director or other designated City personnel. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage driven during the course of Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value ofservices provided. • In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Clientshould allow 4LEAF’s non-exempt, hourly employeesthe opportunity to take their entitled rest and meal breaks during each work shift.
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SUBJECT: Resolution No. 6394, A Resolution of the City Council of the City of Soledad Approving a Non-Exclusive Professional Service Agreement with CSG Consultants, Inc. in an Amount not to Exceed $50,000 for Plan Review, Inspection, Building Official, Planning and Related Services and Authorizing the City Manager to Execute Said Agreement
TO: Honorable Mayor Velazquez and the City Council
FROM: Beatriz Trujillo, Community and Economic Development Director and Ariana Mora, Senior Planner
MEETING DATE: July 1, 2026

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 13.

Recommendation
Staff recommends that the City Council of the City of Soledad adopt Resolution No.6394, “A Resolution of the City Council of the City of Soledad Approving a Non-Exclusive Professional Service Agreement with CSG Consultants, Inc. in an Amount not to Exceed $50,000 for Plan Review, Inspection, Building Official, Planning and Related Services and Authorizing the City Manager to Execute Said Agreement.”
Executive Summary
Since 2011, the Community and Economic Development Department has contracted with CSG Consultants, Inc. (CSG) to provide building division services to the City of Soledad. These services include building and fire plan review, inspections, structural engineering, Building Official support, and related planning services. The current agreement with CSG is scheduled to expire on June 30, 2026. As staff continues to evaluate the City's operational needs and works toward completion of ongoing City priority development projects, it has been determined that retaining CSG as a projectbased consultant and continuing to utilize its planning and building services is in the best interest of the City. Accordingly, staff recommends approving the agreement for a one-year term in an amount not to exceed $50,000. The proposed agreement will ensure continuity of services, preserve institutional knowledge, and support the continued delivery of essential building and planning functions, including plan review, inspections, and development review assistance.

Background
Since 2011, the Community and Economic Development Department has contracted with private consulting firms to provide building division services through annually renewed professional services 157
agreements. These services include building and fire plan review, building inspections, structural engineering, Building Official services, and stormwater compliance support. To ensure compliance with the City's procurement requirements and evaluate available service providers, the City issued a Request for Proposals (RFP) from May 16 through May 30, 2025. The solicitation resulted in four qualified proposals, which were evaluated through a competitive review and interview process. Based on the evaluation, the City Council adopted Resolution No. 6247, awarding a one-year Professional Services Agreement to CSG Consultants, Inc. (CSG) in an amount not to exceed $100,000. The agreement provided building and planning plan review, inspections, and related services for the City's priority development projects, including the Sendero Project and the Soledad Unified School District Housing Project. The agreement is scheduled to expire on June 30, 2026.

During FY 2025/26, the City utilized both CSG and 4LEAF to provide building division services. As the year progressed, 4LEAF became the City's primary consultant for Building Official services, plan review, and inspections, while CSG focused on supporting City-led initiatives, providing planning assistance, and helping complete major development projects such as the Soledad Unified School District Housing Project. CSG has consistently provided professional, responsive, and reliable service and has been an important resource in advancing complex development and planning efforts.

To maintain access to specialized technical expertise while preserving flexibility to assign work based on project needs, staff recommends approving a new non-exclusive Professional Services Agreement with CSG Consultants, Inc. for an additional one-year term in an amount not to exceed $50,000, attached as Exhibit A. This agreement will allow the City to continue utilizing CSG for specialized building, planning, and engineering support, as needed, while maintaining 4LEAF as the City's primary building services consultant.

Review & Analysis
CSG has played an important role in supporting the City's Building and Planning Divisions during a period of sustained growth, increased development activity, and rising operational demands. While 4LEAF has assumed primary responsibility for Building Official services, plan review, and inspections, CSG has continued to provide specialized technical support for complex City-led projects and planning activities. This complementary approach has allowed the City to maintain timely permit processing, responsive customer service, and consistent project oversight.

CSG has been instrumental in advancing several of the City's highest-priority development projects, including the Sendero Housing Project and the Soledad Unified School District (SUSD) Housing Project. Since execution of the current agreement, CSG has worked closely with City staff to ensure the Sendero Housing Project remains on schedule while maintaining compliance with applicable building codes and City standards. CSG has also prioritized plan review and inspection services for the SUSD Housing Project to help meet critical construction milestones, with substantial completion anticipated by the end of the fall. Given the significance of this project and its current stage of construction, maintaining continuity with CSG through project completion is in the City's best interest.

In addition to its building services, CSG has provided valuable support to the Planning Division, including subdivision reviews, development application processing, and technical planning assistance.

As additional development applications move through the entitlement process, the City will continue to require specialized planning and engineering expertise to ensure projects are reviewed efficiently and consistently with City policies and regulations.

Approving the proposed non-exclusive Professional Services Agreement with CSG Consultants, Inc. in 158
Resolution No. 6394
Exhibit A
an amount not to exceed $50,000 will preserve the City's access to specialized technical expertise while providing flexibility to assign work based on project needs. The agreement will ensure continuity of service, retain institutional knowledge on key development projects, and provide supplemental building, planning, and engineering support as needed. Staff therefore recommends approval of the agreement and authorization for the City Manager to execute the Professional Services Agreement attached as Exhibit A.

Financial Considerations
Building permit and plan review fees collected by the City will fund the contracted building services.

Funding for the proposed Professional Services Agreement with CSG Consultants, Inc., in an amount not to exceed $50,000, will be included in the FY 2026–2027 Operating Budget, retroactive to July 1.

The budget will be presented to the City Council for adoption in August 2026.

Staff is also recommending approval of a separate Professional Services Agreement with 4LEAF in an amount not to exceed $190,000. Under that agreement, 4LEAF would continue serving as the City’s primary provider of Building Official services, plan review, and inspections.

The Community and Economic Development Department will continue to monitor monthly contract expenditures, permit activity, and fee revenue to ensure building division costs remain aligned with permit-generated revenues throughout the fiscal year. This approach allows the City to allocate work efficiently between consultants while maintaining high-quality customer service, timely permit processing, and fiscal responsibility.

Strategic Plan Alignment
The proposed agreement extension supports several goals and objectives identified in the City's Strategic Plan by ensuring the continued delivery of efficient and reliable building services. The extension advances Goal 2.9.1 by enhancing the City's ability to streamline permitting processes, improve customer service, and support responsible community growth and investment.

Alternatives
Adopt Resolution No. 6394 approving a Professional Service Agreement with CSG; or Do not adopt the resolution and provide other direction. This is not recommended as the contract with CSG expires on June 30, 2026, and any service break would delay permitting.

Planning/CEQA
The approval of a contract for professional services is not a project under CEQA pursuant to CEQA Guidelines § 15378(b)(5), as it involves administrative activities that do not result in any direct or indirect physical changes to the environment.

Public Notice Requirements
None required.

Attachment(s):
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RESOLUTION NO. 6394

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD

APPROVING NON-EXCLUSIVE PROFESSIONAL SERVICES AGREEMENT WITH CSG CONSULTANTS, INC., IN AN AMOUNT NOT TO EXCEED $50,000, FOR PLAN

REVIEW, INSPECTION, PLANNING, AND RELATED SERVICES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City of Soledad requires specialized professional building division services, including building and fire plan review, inspections, Building Official support, planning, engineering, and related technical services to ensure compliance with applicable laws, regulations, and adopted City standards; and
WHEREAS, since 2011, the Community and Economic Development Department has utilized qualified consulting firms to provide building division services that support the City's permitting, inspection, development review, and code compliance functions; and WHEREAS, following a competitive Request for Qualification process in 2025, the City Council adopted Resolution No. 6247, approving a non-exclusive Professional Services Agreement with CSG Consultants, Inc. (CSG) in an amount not to exceed $100,000 for building division services; and
WHEREAS, during Fiscal Year 25-26 fiscal year, the City transitioned primary Building Official, plan review, and inspection responsibilities to 4LEAF while continuing to utilize CSG to provide specialized technical support for City-led development projects, planning services, and complex building and engineering reviews; and
WHEREAS, CSG has provided professional, responsive, and reliable services that have supported the timely advancement of major City priority projects, including the Sendero Housing Project and the Soledad Unified School District Housing Project, while also assisting the Planning Division with subdivision reviews, development applications, and other specialized planning services; and
WHEREAS, the current agreement with CSG expires on June 30, 2026, and the City desires to continue utilizing CSG on a non-exclusive, as-needed basis to supplement building, planning, engineering, and development review services while maintaining 4LEAF as the City's primary building services consultant; and
WHEREAS, maintaining access to multiple qualified consultants provides operational flexibility, preserves institutional knowledge on ongoing development projects, supports timely permit processing and inspections, and ensures continuity of service during periods of fluctuating workloads; and
WHEREAS, funding for the proposed agreement, in an amount not to exceed $50,000, will be included in the Fiscal Year 2026-2027 Operating Budget and will be supported through building permit and plan review fee revenue; and
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WHEREAS, the City Council finds that approval of the Professional Services Agreement supports the City's Strategic Plan by promoting efficient development review, facilitating housing and economic development projects, maintaining responsive customer service, and ensuring the effective administration of the City's building and safety regulations.

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

1. The foregoing recitals are true and correct and are incorporated herein by this reference.

2. The City Council hereby approves a Non-Exclusive Professional Services Agreement with CSG Consultants, Inc., attached hereto as Exhibit A, with an agreement term for one (1) year and total not-to-exceed amount of $50,000.

3. The City Manager is hereby authorized and directed to execute said Professional Services Agreement and any related documents necessary to implement the intent of this Resolution.

4. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting held on the 1st day of July, 2026, by the following vote:

AYES, and in favor thereof Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

ANNA M. VELAZQUEZ, Mayor
ATTEST:

MEGAN HUNTER, City Clerk
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SUBJECT: Resolution No. 6395, A Resolution of the City Council of the City of Soledad Approving In-Kind City Services and the Temporary Street Closure of Acacia Street for the District 4 Back to School Block Party and Resource Fair
TO: Honorable Mayor Anna Velazquez and City Council
FROM: Ana Ambriz, Parks and Recreation Director
MEETING DATE: July 1, 2026

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 14.

Recommendation
It is recommended that the City Council of the City of Soledad consider and approve Resolution No. 6395, "A Resolution of the City Council of the City of Soledad Approving In-Kind City Services and the Temporary Street Closure of Acacia Street for the District 4 Back to School Block Party and Resource Fair."
Executive Summary
During Fiscal Year 2025-2026, the City Council allocated funding to support targeted councilmember outreach and neighborhood engagement following the implementation of district-based elections.

Consistent with the City Council's Strategic Plan and the intent of those funds, Councilmember Bañuelos has requested the use of City resources, including staff support and a temporary street closure on Acacia Street, to host a District 4 Back-to-School Block Party and Resource Fair on August 1, 2026.

The event is scheduled from 10:00 a.m. to 2:00 p.m. and is intended to connect District 4 residents and local families with educational, health, and community resources in preparation for the upcoming school year. In addition to providing access to valuable services and information, the event will create an opportunity for residents to engage directly with City staff and their elected representative, strengthening communication and neighborhood connections. The event will feature family-friendly activities, resource booths, and community partners. Activities will primarily occur along the closed portion of Acacia Street, with additional programming anticipated at the adjacent Vosti Park and the Lions Club Building.

Background
In November 2025, the Soledad City Council adopted the City's 2025-2030 Strategic Plan, establishing ten strategic priorities to guide City operations, budgeting, and future growth. The Strategic Plan emphasizes strengthening economic development, expanding housing opportunities, enhancing public 179
safety, improving infrastructure, and promoting meaningful community engagement to improve the quality of life for all residents. A central objective of the Plan is ensuring equitable outreach and service delivery throughout all City districts, with particular attention to neighborhoods that have historically experienced greater socioeconomic challenges.

To implement these goals, the City Council allocated funding to support district-based outreach and community engagement initiatives. Councilmember Bañuelos has requested the use of these resources to host a District 4 Back-to-School Block Party and Resource Fair as the district's primary neighborhood engagement event. District 4 includes some of Soledad's most underserved neighborhoods, and the Strategic Plan specifically calls for focused outreach to ensure these residents have meaningful opportunities to access City services, community resources, and information. The proposed event advances these objectives by bringing together residents, community organizations, and City representatives in a welcoming neighborhood setting that promotes civic engagement, access to services, and stronger community connections.

Review & Analysis
The proposed District 4 Back-to-School Block Party and Resource Fair is a small-scale neighborhood event, and impacts to local traffic are expected to be minimal. A temporary closure of Acacia Street is necessary to provide adequate space for resource booths, family activities, and pedestrian circulation while ensuring the safety of attendees. The event is scheduled for Saturday, August 1, 2026, from 10:00 a.m. to 2:00 p.m., with the street closure in effect from 8:00 a.m. to 4:00 p.m. to accommodate event setup and cleanup.

In addition to activities along Acacia Street, portions of adjacent Vosti Park may be utilized for family activities and access to public restroom facilities. Councilmember Bañuelos has also requested use of the Lions Club Building for the event and has asked the Lions Club to consider providing food, such as hot dogs or hamburgers, for attendees. She will attend their next meeting on July 9 for formal consideration of her request.

To support this City-sponsored community engagement event, staff is requesting approval of the temporary street closure along with the following in-kind City services:

Parks and Recreation: Staff support for event coordination, logistics, and family activities.

Public Works: Provision of traffic control barricades, event equipment, and advance notification signage.

Police Department: Periodic patrols and site visits to help ensure public safety and address any operational needs during the event.

The City’s operational budget included funding to support district-based outreach activities. The City has set aside $1,200 for this event. The event also provides an opportunity for City departments to engage directly with District 4 residents by sharing information on City programs, services, and ongoing initiatives. Staff anticipates participating departments will include Community and Economic Development, Parks and Recreation, and Public Works. The event will also serve as a venue to gather public input on important City initiatives, including the General Plan Update and future park improvement projects.

While the District 4 Back-to-School Block Party and Resource Fair is the first district-specific outreach event funded under the City Council's neighborhood engagement efforts in the Strategic Plan, staff remains committed to supporting similar outreach efforts proposed by other Councilmembers. These 180
Resolution No. 6395
Street Closure Site Map
events will help strengthen relationships between residents and the City, increase awareness of available services, and advance the City Council's goal of equitable community engagement throughout all districts.

Financial Considerations
The City has allocated $1,200 to fund this event. Based on the Strategic Plan, staff is expected to participate in this type of engagement and these expenses are already accounted for within existing department operational budgets.

Strategic Plan Alignment
This resolution directly implements the following goals of the City of Soledad Strategic Plan:

Goal 3.2.5 – Strengthen District-Based Civic Engagement to Ensure Equitable Geographic Representation: By facilitating a localized block party and resource fair, the City brings critical resources directly into District 4. This ensures that lower-income households and families with historically limited mobility or access can fully participate, while creating a safe space to connect face-to-face with local leaders.

Goal 3.3.1 – Strengthen Community Connections Through Partnerships and Access to Local Resources: This event operationalizes the City's commitment to collaborate with schools and nonprofits. By hosting this block party and resource fair, the City actively bridges the gap between residents and vital service providers, creating an accessible, trusted, and central hub for localized support.

Alternatives
Approve the City-sponsored event, in-kind services, and temporary street closure as recommended.

Do not approve City-sponsored event, in-kind services, and temporary street closure and provide further directions to staff.

Planning/CEQA
The City of Soledad has determined that approval of the District 4 Back to School Block Party and Resource Fair, including the temporary street closure, is not a "project" under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, as it will not result in a direct or reasonably foreseeable indirect physical change to the environment.

Public Notice Requirements
Not Applicable.

Attachment(s):
181
RESOLUTION NO. 6395

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD APPROVING

IN-KIND CITY SERVICES AND THE TEMPORARY STREET CLOSURE OF ACACIA STREET FOR THE DISTRICT 4 BACK TO SCHOOL BLOCK PARTY AND

RESOURCE FAIR
WHEREAS, the City Council's 2025–2030 Strategic Plan emphasizes equitable districtbased community engagement and strengthening partnerships that connect residents with City services and community resources; and
WHEREAS, the City Council allocated funding to support neighborhood outreach efforts following the implementation of district-based elections; and WHEREAS, Councilmember Bañuelos has requested City support for the District 4 Backto-School Block Party and Resource Fair scheduled for August 1, 2026, from 10:00 a.m. to 2:00 p.m., to provide educational, health, and community resources while fostering engagement between District 4 residents, City staff, and community organizations; and WHEREAS, a temporary closure of Acacia Street from 8:00 a.m. to 4:00 p.m. is necessary to safely accommodate event activities, setup, and cleanup; and WHEREAS, the event will be supported through in-kind services provided by the Parks and Recreation, Public Works, and Police Departments.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Soledad hereby approves the temporary street closure of Acacia Street and in-kind services to support the District 4 Back to School Block Party and Resource Fair on August 1, 2026.

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 1st day of July 2026, by the following vote:

AYES, and in favor thereof, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
___________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:

MEGAN HUNTER, City Clerk
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Street Closure Site Map
Event Location – Acacia St.

Street Closure
Traffic Flow
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SUBJECT: Resolution No. 6375, A Resolution of the City Council of the City of Soledad Certifying an Environmental Impact Report, Adopting CEQA Findings and a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for the Proposed Almond Acres Project, and
Adopt, Waive Reading and Read by Title Only, Ordinance No.781, Ordinance of the City Council of the City of Soledad Announcing Findings and Approving a Planned Unit Development (PUD-24002) and Vesting Tentative Subdivision Map (TM-24003) for a 12.48-Acre Subdivision Located on the West Side of Orchard Lane and Cedar Lane (APN 022-281-005) in the R-1 (High Density Residential) Zoning District TO: Honorable Mayor Velazquez and City Council
FROM: Beatriz Trujillo, Community and Economic Development Director and Ariana Mora, Senior Planner
MEETING DATE: July 1, 2026

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.

Recommendation

1. Open the public hearing, receive public comment, close the public hearing; and

2. Consider Adoption of Resolution No. 6375, A Resolution of the City Council of the City of Soledad
Certifying the Focused Environmental Impact Report and adopting CEQA findings and a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; and

3. Adopt Ordinance No.781, An Ordinance of the City Council of the City of Soledad Approving a Planned Unit Development (PUD-24002) and Vesting Tentative Subdivision Map (TM-24003) for a 12.48-acre subdivision located on the west side of Orchard Lane and Cedar Lane (APN 022-281-005) in the R-1 Zoning District.

Executive Summary
Nino Homes (“Applicant”) is requesting approval of a Planned Unit Development (PUD) and Vesting Tentative Subdivision Map (TM-24003) for the 12.48-acre Almond Acres project located on the west side of Orchard Lane and Cedar Lane (APN 022-281-005). The project includes 55 single-family homes, a 12-unit multifamily inclusionary housing complex, and retention of the existing 18-unit 184
mobile home park. A Focused Environmental Impact Report (EIR) was prepared in accordance with the California Environmental Quality Act (CEQA) and identified significant and unavoidable Vehicle Miles Traveled (VMT) impacts. Although feasible mitigation measures have been incorporated into the project, VMT impacts remain significant and unavoidable. Accordingly, CEQA Findings, a Statement of Overriding Considerations pursuant to CEQA Guidelines Section 15093, and a Mitigation Monitoring and Reporting Program have been prepared. During a Special Planning Commission meeting on June 1, 2026, the Commission held a public hearing and recommended approval of the environmental analysis, CEQA documents, and project entitlements. The City Council was first introduced to the project during a public hearing on June 17, 2026, and will now consider certification of the EIR and approval of Resolution No. 6375 and consider adoption of Ordinance No. 781, including the PUD and Vesting Tentative Subdivision Map subject to the project conditions set forth in Exhibit A.

Background
The Almond Acres project site is located on approximately 12.48 acres in the eastern portion of the City of Soledad. The site fronts Orchard Lane and is situated between Cedar Lane and Calle Valverde. It is mainly undeveloped land with an existing 18-unit mobile home park located in the southwestern portion of the site, which will remain. Surrounding uses include residential neighborhoods to the north and east, San Vicente Elementary School to the south, and Gabilan Elementary School and the Soledad Community Center to the west.

The proposed project is intended to facilitate infill residential development on a centrally located site.

The project includes the construction of 55 single-family homes and a 12-unit multi-family affordable housing complex, while retaining the existing 18-unit mobile home park, for a total of 67 residential units. Based on the base units of the single-family homes, the developer is required to meet 12 affordable housing units. The applicant is partnering with a non-profit developer to help with the construction and management of the proposed multi-family component to satisfy the City’s inclusionary housing requirements and address local housing needs.

To implement the project, the applicant has submitted applications for a Planned Unit Development (PUD-24002) and Vesting Tentative Subdivision Map (TM-24003). The Tentative Map would subdivide the site into three parcels: Parcel A (3.32 acres) to retain the existing mobile home park; Parcel B (0.38 acres) for the 12-unit multi-family development; and Parcel C (0.41 acres) for stormwater improvements. The PUD includes a multi-family component and provides flexibility in site design, including variation in lot sizes and configuration. Approval of the Planned Unit Development is required to implement the proposed site plan, allow for variation in lot configuration, and integrate the multi-family housing component within the overall subdivision design.

Environmental review for the project was conducted in accordance with the California Environmental Quality Act (CEQA). An Initial Study was prepared and identified potentially significant environmental impacts. With the incorporation of mitigation measures, all impacts were reduced to less-than-significant levels, with the exception of vehicle miles traveled (VMT), which was determined to be significant and unavoidable. As a result, a Focused Environmental Impact Report (EIR) was prepared to further evaluate VMT impacts, project alternatives, and feasible mitigation measures. The Draft EIR was circulated for public review, and responses to comments have been included in the Final EIR. Because the project would result in a significant and unavoidable environmental impact, CEQA requires the adoption of a Statement of Overriding Considerations and a Mitigation Monitoring Report Program (MMRP) in order to approve the project.

Therefore, staff has prepared a Final Environmental Impact Report (EIR), along with the associated 185
CEQA Findings, a Statement of Overriding Considerations, and an MMRP, and recommends approval of the proposed project. Under the California Environmental Quality Act (CEQA), certification of the Final EIR and adoption of the required findings are a necessary first step, as they establish the environmental clearance for the project and allow the City to proceed with consideration of discretionary approvals.

The project was reviewed by the Planning Commission, which evaluated the proposed environmental documentation and project entitlements and provided a recommendation to the City Council. On June 1, 2026, the Planning Commission held a duly noticed public hearing and, by a 3-0 vote, recommended approval of the environmental analysis and associated entitlements, subject to the proposed conditions of approval provided in Exhibit A. The City Council was first introduced to the project and associated approvals during a scheduled Public Hearing on June 17, 2026 and will now consider the project during a scheduled public hearing for final consideration of approval and certification of the EIR and adoption of Ordinance No. 781.

City Council consideration and approval will begin with Resolution No. 6375, which certifies the EIR and adopts CEQA Findings, a Statement of Overriding Considerations, and the MMRP. This action would confirm that the environmental review has been completed in compliance with CEQA and that the City has reviewed and balanced the project’s environmental impacts. Following environmental certification, the City Council will consider adoption and read by title only of Ordinance No. 781, for a Planned Unit Development (PUD-24002) and Vesting Tentative Subdivision Map (TM-24003), subject to the conditions of approval contained in Exhibit A, thereby granting the project entitlements.

Review & Analysis
At the June 17 public hearing, the City Council reviewed the project's consistency with the Soledad Municipal Code, General Plan, Housing Element, Planned Unit Development (PUD) standards, and Vesting Tentative Subdivision Map (VTM) findings. Staff noted that the project advances the City's infill housing objectives by providing a mix of market-rate single-family homes and a 12-unit affordable multifamily housing component, while preserving the existing Almond Acres Mobile Home Park and utilizing existing urban infrastructure and public services. During the hearing, CHISPA, a nonprofit affordable housing organization, confirmed its partnership with the developer to facilitate the delivery and long-term management of the affordable housing component. The affordable housing site will help satisfy the project's inclusionary housing obligations while supporting Housing Element goals related to housing affordability, diversity, and the efficient use of infill land located near parks, schools, transit, and community facilities.

The Council also reviewed proposed deviations related to lot size, setbacks, and open space requirements. Through the PUD process, these modifications allow for a more efficient and coordinated site design while maintaining compatibility with surrounding residential uses. The VTM was found to be consistent with the City's subdivision regulations, General Plan, and Zoning Ordinance. Although some lots are smaller than the standard minimum lot size, the proposed project creates a cohesive neighborhood design consistent with the intent of the subdivision regulations. The Council further reviewed parking, circulation, and access improvements. As noted during the presentation, the project provides adequate off-street parking, public street access, pedestrian connectivity, and accommodations for emergency and service vehicles. New internal roadways, utility improvements, stormwater facilities, and pedestrian pathways will enhance neighborhood connectivity and support the long-term functionality of the development.

During public comment, three Soledad residents spoke on the project. One resident submitted 186
comments in support of the small-lot subdivision and the additional housing opportunities it would provide. Two residents of the Almond Acres Mobile Home Park expressed support for the project but raised concerns regarding pedestrian access and fencing adjacent to the mobile home park. Staff explained that the project includes a pedestrian pathway connecting the subdivision to nearby community amenities, including the Mission Recreation Pool, Soledad Community Center, and Rotary Park, improving connectivity and addressing longstanding access limitations in the area. Conditions of approval also require pedestrian connections that will enhance access between the project site, surrounding neighborhoods, and nearby recreational facilities.

Residents also expressed concerns regarding the type and maintenance of perimeter fencing adjacent to the mobile home park. Staff clarified that fencing will be required as part of the project and must comply with City development standards, including height and material requirements. These conditions are incorporated into the project approvals and will be reviewed during the final design and construction phases. Council also discussed the provision of park space within the development. Staff noted that the project will be subject to park impact fees, which will contribute to improvements at existing community parks and recreational facilities. Given the project's proximity to Orchard Lane Park, Rotary Park, and other recreational amenities, as well as the required pedestrian connections, staff concluded that residents will have adequate access to park and recreational opportunities without reducing the number of proposed housing units.

Based on the analysis presented and public testimony received, staff recommends that the Council find that the proposed PUD and Vesting Tentative Subdivision Map are consistent with the goals and policies of the General Plan, the Housing Element, and the requirements of the Soledad Municipal Code. The project provides a coordinated residential development that expands housing opportunities, includes affordable housing, improves circulation and connectivity, and efficiently utilizes infill land while maintaining compatibility with surrounding residential uses. Approval of the project remains contingent upon certification of the Final Environmental Impact Report and adoption of the associated CEQA Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, as required prior to approval of the discretionary entitlements.

Financial Considerations
The costs of the entitlement process have been fully funded by the developer.

Strategic Plan Alignment
The Almond Acres project is consistent with the City’s Strategic Plan Housing Objectives, including Policies 2.1.1, 2.1.2, 2.1.3, and 2.2.1. The project directly supports the City’s goal of facilitating the development of 734 housing units by 2031 to meet the Regional Housing Needs Allocation (RHNA). It also advances the expansion of innovative housing options by incorporating both single-family and multifamily residential components, including inclusionary housing, thereby broadening the range of housing types available within the community. Finally, the project aligns with Smart Growth and transit-oriented development principles by promoting a more compact residential development pattern consistent with efficient land use and infrastructure planning objectives.

Alternatives
Approve as recommended: Consider certification of the Final EIR and Adoption of Ordinance No. 781 for the PUD and Vesting Tentative Subdivision Map with the proposed conditions Modify or continue the item: Recommend changes to project conditions or continue the item for additional information or revisions. Any additional project conditions or revisions may require 187
new noticing and delay the entitlement process.

Deny the project: Do not consider certification of the EIR and/or do not approve of the project entitlements.

Planning/CEQA
The purpose of the California Environmental Quality Act (CEQA) is to ensure that the environmental impacts of a project are studied, disclosed to the public, and considered by decision-makers before a project is approved. As the Lead Agency under CEQA, the City of Soledad is responsible for overseeing the environmental review process and evaluating the project’s potential environmental impacts before taking action on the proposed project.

To evaluate the potential environmental impacts of the Almond Acres project, the City prepared an Initial Study, which identified several potentially significant impacts associated with the project and is included as part of the Exhibit A to Resolution No. 6375. With the implementation of mitigation measures, all impacts were reduced to less-than-significant levels except for vehicle miles traveled (VMT), which was identified as significant and unavoidable. As a result, the Initial Study was used to focus preparation of a Focused Environmental Impact Report (EIR) on VMT impacts, project alternatives, and feasible mitigation measures.

A Notice of Preparation (NOP) was distributed on March 10, 2025, to responsible and trustee agencies, interested organizations, and members of the public for a 30-day review period ending April 10, 2025.

Comments received during the NOP review period were considered during preparation of the EIR.

Agencies and organizations that submitted comments during the noticing period included the Native American Heritage Commission, Monterey-Salinas Transit, Pacific Gas and Electric Company, California Department of Transportation, Monterey Bay Air Resources District, and California Department of Fish and Wildlife.

The Draft EIR was subsequently circulated for a 45-day public review period from June 27, 2025, through August 11, 2025, in accordance with CEQA requirements. The Final EIR includes the Draft EIR, all technical appendices, comments received during the public review period, and written responses to those comments. As part of the environmental review process, comments and recommendations provided by reviewing agencies were considered and incorporated into the project where appropriate. In response to comments received from Monterey-Salinas Transit, the City included conditions and coordination measures requiring collaboration between the City, the project developer, and Monterey-Salinas Transit to evaluate opportunities to improve and expand public transportation access and connectivity within the Orchard Lane area.

The Final EIR does not identify any significant new information requiring recirculation pursuant to CEQA Guidelines Section 15088.5 and concludes that the project would result in a significant and unavoidable vehicle miles traveled (VMT) impact that cannot be fully mitigated. Accordingly, prior to approval of the project entitlements, the City Council must certify the Final EIR and adopt the associated CEQA Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program (MMRP). Under CEQA, if a project has environmental impacts that cannot be fully avoided, the City must evaluate those impacts along with the project’s overall public benefits before making a final decision. The City Council will independently review the environmental analysis, mitigation measures, and project benefits prior to taking action.

At this time, the City Council is tasked with reviewing and considering Resolution No. 6375, certification of the Final EIR included as Exhibit A, adopting the CEQA Findings and Statement of 188
Resolution No. 6375- Environmental Certification
Exhibit A to Resolution No. 6375 - Final EIR (SCH#2025030381) Exhibit B to Resolution No. 6375 - CEQA Findings
Exhibit C to Resolution No. 6375 - MMRP
Ordinance No. 781- Almond Acres
Exhibit A to Ordinance No. 781 -Almond Acres COA
Exhibit B to Ordinance No. 781- Entitlement Package
Exhibit C to Ordinance No. 781 - Final VTM
Presentation- Almond Acres
Overriding Considerations included as Exhibit B, and adopting the MMRP included as Exhibit C.

Following the environmental determination, the City Council will consider a separate action through Ordinance No. 781 to consider approval of the Planned Unit Development (PUD-24002) and Vesting Tentative Subdivision Map (TM-24003), based on the findings and analysis previously discussed in this report.

Public Notice Requirements
A Notice of Public Hearing for this item was published in the Salinas Californian on June 6, 2026, and distributed in accordance with applicable provisions of the Soledad Municipal Code to property owners within 300 feet of the project site.

Attachment(s):
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RESOLUTION NO. 6375

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD

CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, ADOPTING CEQA

FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS AND

MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROPOSED

ALMOND ACRES PROJECT
WHEREAS, the City of Soledad is the Lead Agency under the California Environmental Quality Act (CEQA) for the Almond Acres Project (the “Project”); and WHEREAS, in accordance with CEQA and the State CEQA Guidelines, an Initial Study was prepared for the Project, which identified potentially significant environmental impacts, including vehicle miles traveled (VMT), requiring preparation of an Environmental Impact Report (EIR); and
WHEREAS, a Notice of Preparation (NOP) was circulated on March 10, 2025, to responsible agencies, trustee agencies, and interested parties, initiating a 30-day public review period that concluded on April 10, 2025, during which written comments were received and considered in preparation of the Draft EIR; and
WHEREAS, the Draft EIR was circulated for a 45-day public review period from June 27, 2025, through August 11, 2025, and was made available to the State Clearinghouse, responsible and trustee agencies, and members of the public in compliance with CEQA requirements; and WHEREAS, the Final EIR (SCH# 2025030381) was prepared and consists of the Draft EIR, all technical appendices, comments received during the public review period, and written responses to those comments, as well as clarifications and revisions made in response to agency and public input; and
WHEREAS, comments on the Draft EIR were received from agencies including, but not limited to, the Native American Heritage Commission, Monterey-Salinas Transit, Pacific Gas and Electric Company, California Department of Transportation, Monterey Bay Air Resources District, and California Department of Fish and Wildlife; and
WHEREAS, the Final EIR identifies that the Project will result in a significant and unavoidable impact related to vehicle miles traveled (VMT), which cannot be fully mitigated to a less-than-significant level; and
WHEREAS, pursuant to CEQA, where significant impacts remain unavoidable, the City must adopt a Statement of Overriding Considerations based on the Project’s social, economic, housing, and planning benefits; and
WHEREAS, the City has prepared CEQA Findings of Fact and a Mitigation Monitoring and Reporting Program (MMRP) to ensure implementation and enforcement of all feasible mitigation measures identified in the Final EIR; and
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WHEREAS, the Final EIR was made available for public and agency review consistent with CEQA Guidelines Section 15088.5, and no significant new information was identified requiring recirculation of the document; and
WHEREAS, the City of Soledad Planning Commission held a duly noticed special public hearing on June 1, 2026, at which it considered the Staff Report, presentation, public testimony, and all documentary evidence submitted, and reviewed the complete administrative record, including the environmental documentation; and
WHEREAS, following its review and consideration of the project and environmental documents, the Planning Commission recommended approval of the Final EIR, CEQA Findings, and Statement of Overriding Considerations, along with the associated project entitlements; and WHEREAS, the City Council of the City of Soledad thereafter held a duly noticed public hearing on June 17, 2026, at which it introduced and considered the proposed project, including the environmental documentation, CEQA Findings, Statement of Overriding Considerations, MMRP and associated entitlements; and
WHEREAS, the City Council will conduct a subsequent duly noticed public hearing on July 1, 2026, for formal consideration and potential adoption of the Final EIR, CEQA Findings, Statement of Overriding Considerations, MMRP and project entitlements; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Soledad hereby acknowledges receipt of the Planning Commission’s recommendation and proceeds with consideration of the Final EIR, CEQA Findings, Statement of Overriding Considerations, and MMRP for the Almond Acres project and hereby finds, determines, and approves as follows:

Section 1: Certification Recommendation
The City Council hereby certifies the Final Environmental Impact Report (SCH# 2025030381) provided as “Exhibit A”, as complete and adequate under CEQA.

Section 2: CEQA Findings
The City Council hereby adopts the CEQA Findings provided as “Exhibit B”, including findings regarding project impacts, mitigation measures, and feasibility.

Section 3: Statement of Overriding Considerations
The City Council hereby adopts a Statement of Overriding Considerations, provided within “Exhibit B”, recognizing that certain significant environmental impacts cannot be fully mitigated, but that the benefits of the Project outweigh those impacts.

Section 4: Mitigation Monitoring and Reporting Program
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The City Council hereby adopts the Mitigation Monitoring and Reporting Program (MMRP) provided as “Exhibit C”, to ensure compliance with all applicable mitigation measures.

PASSED AND ADOPTED at a duly noticed, regular meeting of the City Council of the City of Soledad held on the 1st day of July, 2026.

AYES, and in favor thereof Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
________________________________
ANNA M.VELAZQUEZ, Mayor
ATTEST:
________________________________
MEGAN HUNTER, City Clerk
Exhibits
A- Final EIR
B- CEQA Findings

C- MMRP
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Final Environmental Impact Report
Almond Acres
SCH# 2025030381
April 27, 2026
Prepared by
EMC Planning Group
Exhibit A
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This document was produced on recycled paper.

FINAL ENVIRONMENTAL IMPACT REPORT

ALMOND ACRES
SCH# 2025030381

PREPARED FOR
City of Soledad
Ariana Mora, Senior Planner
248 Main Street
Soledad, CA 93960
Tel 831.223.5020
[email protected]

PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Ron Sissem, Senior Principal
[email protected]
www.emcplanning.com
April 27, 2026
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EMC Planning Group Inc.

Table of Contents

1.0 INTRODUCTION....................................................................................................1-1

1.1 CEQA Requirements....................................................................................................... 1-1

1.2 Purpose of Public Review ............................................................................................... 1-2

1.3 Final EIR............................................................................................................................ 1-3

2.0 DRAFT EIR COMMENTS AND RESPONSES ........................................................2-1

2.1 CEQA Requirements....................................................................................................... 2-1

2.2 Written Comments on the Draft EIR........................................................................... 2-1 197
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Section 1.0 Introduction 1-1 EMC Planning Group
Almond Acres Final EIR April 2026

1.0 Introduction

1.1 CEQA Requirements
Before approving a project that may cause a significant environmental impact, the California Environmental Quality Act (CEQA) requires the City of Soledad (“City”), acting as the Lead Agency under CEQA, to prepare and certify a final environmental impact report (“final EIR”). The contents of a final EIR are specified in CEQA Guidelines Section 15132, which states that:

The final EIR shall consist of:
a) The draft EIR or a revision of the draft;
b) Comments and recommendations received on the draft EIR either verbatim or in summary; c) A list of persons, organizations, and public agencies commenting on the draft EIR; d) The responses of the Lead Agency to significant environmental points raised in the review and consultation process; and
e) Any other information added by the Lead Agency.

All comments addressing environmental issues received on the draft EIR during the public review period from June 27, 2025 to August 11, 2025 have been addressed in this final EIR.

CEQA Guidelines section 15204(a) states that in reviewing a draft EIR, persons and public agencies should focus on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated. Comments are most helpful when they suggest additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the significant environmental effects. At the same time, reviewers should be aware that the adequacy of an EIR is determined in terms of what is reasonably feasible, in light of factors such as the magnitude of the project at issue, the severity of its likely environmental impacts, and the geographic scope of the project.

Per CEQA Guidelines section15204(a), CEQA does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commenters.

Likewise, a lead agency also need not respond to general reference materials submitted in support of comments, comments that repeat those already considered, or comments that are clearly irrelevant. 199
Section 1.0 Introduction 1-2 EMC Planning Group
Almond Acres Final EIR April 2026
According to CEQA Guidelines section 15204(a), when responding to comments, lead agencies need only respond to significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the EIR, as also described in CEQA Guidelines sections 15088(c) and 15132(d).

CEQA Guidelines section 15204(c) states that reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to section 15064, an effect shall not be considered significant in the absence of substantial evidence.

CEQA Guidelines section 15088 requires the lead agency to provide a written proposed response to a public agency on comments made by that public agency at least 10 days prior to certifying an EIR.

Written responses to comments have been prepared to address comments on the project and have been sent to the commenting agencies and organizations.

CEQA Guidelines 15095(a) also requires that the lead agency file a copy of the final EIR with the appropriate planning agency of any city, county, or city and county where significant effects on the environment may occur. A copy of this final EIR is available for review at the City of Soledad Community and Economic Development Department, 248 Main Street, Soledad.

1.2 Purpose of Public Review
CEQA Guidelines section 15200 indicates that the purposes of the public review process include the following:
 sharing expertise;
 disclosing agency analysis;
 checking for accuracy;
 detecting omissions;
 discovering public concerns; and
 soliciting counter proposals.

In compliance with CEQA public noticing requirements, the City of Soledad prepared a draft EIR for the proposed project that was circulated for public review from June 27, 2025 to August 11, 2025. The City received comments from three agencies.
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Almond Acres Final EIR April 2026

1.3 Final EIR
This final EIR has been prepared to address timely comments received on the draft EIR in the manner specified in the Notice of Completion/Availability and, together with the draft EIR, constitutes the complete Almond Acres Final EIR. This final EIR is organized into the following sections:
 Section 1 - introduction to the final EIR; and
 Section 2- list of persons, organizations, and public agencies that commented on the draft EIR, written comments on the draft EIR and the responses to those comments.

Responding to the comments on the draft EIR did not require any changes to the draft EIR. 201
Section 1.0 Introduction 1-4 EMC Planning Group
Almond Acres Final EIR April 2026
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Section 2.0 Draft EIR Comments and Responses 2-1 EMC Planning Group Almond Acres Final EIR April 2026

2.0 Draft EIR Comments and Responses

2.1 CEQA Requirements
CEQA Guidelines section 15132(c) requires that a final EIR contain a list of persons, organizations, and public agencies that have commented on the draft EIR. A list of the correspondence received during the public review period is presented below.

CEQA Guidelines sections 15132(b) and 15132(d) require that a final EIR contain the comments that raise significant environmental points in the review and consultation process, and written responses to those comments. A copy of each comment letter or other form of correspondence received during the public review period is provided, with each letter identified by a number at the top of the first page. Individual comments to which responses are provided are numbered along the right margin in each letter. Responses corresponding to the numbered comments are presented immediately following each letter.

Where required, revisions have been made to the text or graphics of the draft EIR in response to comments. Comments that trigger changes to the draft EIR are so noted as part of the response.

Revisions to the draft EIR are included in Section 3.0, Changes to the Draft EIR.

2.2 Written Comments on the Draft EIR
The City received written comments from the following agencies during the public review period:

1. Monterey Bay Air Resources District (“air district”), July 31, 2025;

2. Monterey-Salinas Transit District (MST), August 7, 2025; and

3. California Department of Fish and Wildlife (CDFW), August 11, 2025.

Comments and responses to comments on environmental topics are provided on the following pages.
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August 7, 2025
Ariana Mora
City of Soledad
248 Main Street
Soledad, CA 93960
RE: Notice of Availability / Notice of Public Comment Period for the Draft EIR for the Almond Acres Subdivision
Dear Ms. Mora:

Monterey-Salinas Transit District (MST) provides public transportation throughout Monterey County and operates an intracity fixed-route circulator and regional service to the City of Soledad. MST has reviewed the Notice of Availability and Draft Environmental Impact Report (DEIR) for the Almond Acres Subdivision and would like to make the following comments for your consideration:

MST-Soledad Existing Services
MST provides daily regional service between Salinas and King City with two stops in the City of Soledad at Front & San Vicente and the Mission Center Shopping Center with Line 23 (Salinas – King City). At the time of this letter, Line 23 operates hourly with departures from Soledad to Salinas (northbound) between 6:17 AM to 7:29 PM on weekdays. Trips to King City (southbound) also operate on an hourly schedule between 7:04 AM to 7:05 PM on weekdays. Line 23X is an express route and is also available for Soledad residents who travel on weekdays during peak commute hours.

MST’s Line 32 (Soledad), the new fixed route circulator service in Soledad, kicked off in January 2025 and replaced MST’s On-Call services. Line 32 provides service to 18 bus stops every 30 minutes on weekdays between 6:45 AM to 6:39 PM, while also providing simple transfers for regional travel with Line 23. The new bus stops are located throughout the City of Soledad and provide access to the Downtown Front Street Corridor, K-12 Schools, Hartnell College, shopping centers, and social/health services. MST requests that the Draft EIR include current route and schedule information for MST’s Line 32 (Soledad) and Line 23 (Salinas – King City). Please visit MST’s website or contact MST staff for more information.

Draft EIR Comments
Transportation
Although VMT reduction measures were deemed infeasible and unavoidable, MST would like to encourage the Developer and City of Soledad to find appropriate solutions for Project related VMT impacts. Since the implementation of MST’s Line 32, transit ridership increased 12.6% compared to the previous years in the City of Soledad. The future Almond Acres subdivision will have access to one (1) 1 ___________________________________ ______________
2 204
bus stop serviced by Line 32, within walking distance, which increases the Project’s potential for transit ridership and reductions in Vehicle Miles Traveled. To comply with the City’s General Plan Policy C-10 and meet VMT reduction goals, MST would like to respectfully request bus stop infrastructure consistent with MST’s Designing for Transit Guidelines (2020) and the Americans with Disabilities Act (ADA).

The bus stop infrastructure should be provided adjacent to the Almond Acres Subdivision on Orchard Lane. MST plans to extend the transit service in the City of Soledad once dedicated funds and staff are available. Every stop is unique based on the surrounding built environment, existing street, and density of development. Please contact MST staff during the design phase of the requested bus stop to ensure the bus stop provides the best possible infrastructure for transit service and Soledad residents.

MST-VMT Reduction Resources
MST recommends the Developer collaborate with City of Soledad to share MST’s resources once future residents move into the Almond Acres project. VMT reduction resources include the following:
• Travel Training: MST offers free fixed-route travel training to teach interested individuals, groups, and organizations how to ride the MST bus network safely and independently. Training involves a brief classroom session and/or a bus ride accompanied by a travel trainer. • MST’s Group Discount Program: Provides 31-Day MST GoPasses at a substantially reduced price if bus passes are purchased in bulk. Discounts are available for residential developments that serve the elderly and people with disabilities.
• Commute with Enterprise & MST: MST has partnered with Enterprise to provide vanpooling options for commuters who travel to the same area in Monterey County. Enterprise connects a minimum of four (4) individuals, who commute to or from Monterey County, and provides them with a van or SUV. Vanpools receive up to a $500 monthly subsidy per vehicle from MST if they complete monthly reports.

MST would like to thank the City of Soledad for the opportunity to comment. As the Almond Acres project moves forward, we ask the City to continue to collaborate with MST to ensure future housing developments link to transportation and services. If you have any questions about the above comments, please do not hesitate to contact me at [email protected] or 831-264-9288.

Sincerely,
Emma Patel
Planning Manager _____________________
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Section 2.0 Draft EIR Comments and Responses 2-4 EMC Planning Group Almond Acres Final EIR April 2026
Letter 1 – Monterey-Salinas Transit

1. MST provides information on its regional and local bus service, including its new Line 32 in Soledad. Line 32 is a new fixed route circulator to provides service to 18 bus stops in the city every 30 minutes and also providing transfers for regional travel with Line 23, the latter of which provides service between King City and Salinas.

The information is acknowledged. It does not raise an environmental issue and therefore, no further response is required.

2. MST states that although the project VMT impact was deemed significant and unavoidable, the developer and City should find appropriate solutions for the impact. MST notes that with Line 32 now operational, ridership in the city has increased and that the project site is within walking distance of a bus stop on Line 32. MST requests that bus stop infrastructure be constructed adjacent to the project site on Orchard Lane.

City staff has coordinated with the project developer and will coordinate with MST on any future bus stop improvements on Orchard Lane. See also the discussion regarding bus stops on page 5-5 of the draft EIR. No changes to the draft EIR are required.

3. MST recommends that the developer collaborate with the City to share MST’s resources available to new residents. VMT reduction resources are identified as Travel Training, Group Discount Program, and Commute with Enterprise & MST.

See the response to comment 2 above. The City could consider requesting the developer to provide the resources suggested with the sale of each home. However, there is no way to quantify a reduction in VMT associated with sharing these resources. See also response to Letter 2, comment 1 below. The VMT impact would still be significant and unavoidable. No changes to the draft EIR are required.
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Serving Monterey, San Benito, and Santa Cruz Counties 24580 Silver Cloud Court Monterey, CA 93940
PHONE: (831) 647-9411 • FAX: (831) 647-8501
Richard A. Stedman, Air Pollution Control Officer
July 31, 2025
Ariana Mora
Senior Planner
248 Main St.

Soledad, CA 93960
Submitted via email: [email protected]
Re: Almond Acres Subdivision and Planned Unit Development – Nino Homes at Almond Acres Dear Ms. Mora,
Thank you for providing the Monterey Bay Air Resources District (MBARD) with the opportunity to comment on the June 9, 2025 Draft Environmental Impact Report (EIR) for the Almond Acres Subdivision and Planned Unit Development Project. MBARD has reviewed the EIR and has the following comments:

Project Vehicle Miles Travelled (VMT)
In section 5.0 Transportation of the Draft EIR, on page 5-5, the lead agency concludes that the project will generate VMT per capita that exceeds the 15% below existing VMT threshold of significance as determined by the Governor’s Office of Planning and Research (OPR). Mitigation measures identified in the report reduce some VMT, however, it states that an additional 8.2% reduction in VMT is not feasible and cannot be achieved. MBARD recommends that the City of Soledad re-evaluate the project’s VMT considering recommendations from Monterey-Salinas Transit (MST) and OPR.

Monterey-Salinas Transit VMT Mitigation
In the March 25, 2025 comment letter issued by MST, attached with this Draft EIR regarding the VMT exceedance of the project, MST identifies bus “Line 32” within the City of Soledad which kicked off in January of 2025 as the most convenient route for residents of the new Almond Acres subdivision. Line 32 provides service at 18 bus stops, two of which are within walking distance of the proposed project.

Furthermore, MST recommended a Transportation Demand Management Plan (TDM) be developed to identify potential improvements to sidewalks and crosswalks along specific roads to ensure that future residents of the project have access to these two bus stops. MBARD endorses MST’s recommendation for the development of a TDM and believes that its implementation could help further mitigate VMT generated from this project as well as provide the residents of Soledad access to mass transit to further reduce pollution emissions within the North Central Coast Air Basin.

Micromobility
Providing “micromobility” options to residents of the new Almond Acres subdivision can be an effective way of reducing the projects VMT to within OPR’s 15% threshold. Micromobility is defined as active transportation methods that directly replace motor vehicle usage. Examples of micromobility include but are not limited to bicycles, electric bicycles, wheelchairs, and scooters. The primary goal of providing access to micromobility options is to bridge the first and last mile gap while providing clean and safe ________________ 1 __________________________
2 _______________
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Richard A. Stedman, Air Pollution Control Officer
alternative forms of transportation to and from transit centers. MBARD recommends the lead agency implement a micromobility program that both fits the needs of the community and is feasible and sustainable.

OPR Guidance
OPR has provided a document to help assist in determining VMT impacts as well as provide examples of appropriate VMT mitigation measures. Page 22, Section H of the Technical Advisory: On Evaluating Transportation Impacts in CEQA provides an extensive list of mitigation measures that are feasible within a range of project sizes and scopes. MBARD recommends utilizing this document to assist in the implementation of mitigation measures that can address the VMT impacts of this project.

MBARD appreciates the opportunity to comment on the Draft EIR for the Almond Acres Subdivision and Planned Unit Development Project. Please let me know if you have any questions. I may be reached at (831) 718-8030 or [email protected].

Regards,
Edward Ballaron
Air Quality Planner I
cc: Richard A. Stedman, Air Pollution Control Officer
David Frisbey, Planning and Air Monitoring Manager
Shawn Boyle, Planning and Air Monitoring Supervisor ________ ______________ 4 208
Section 2.0 Draft EIR Comments and Responses 2-7 EMC Planning Group Almond Acres Final EIR April 2026
Letter 2 – Monterey Bay Air Resources District

1. The air district states that the City should reevaluate the project’s VMT impact considering recommendations from MST.

Refer to the responses to comment #2 and #3 in Letter 1 from MST.

The applicant’s agreement to construct a bus stop along Orchard Lane would not materially affect the VMT analysis in the draft EIR, as a percentage of the project residents are already assumed to utilize transit in the travel demand model used to evaluate VMT impacts of the project. Adding a bus stop closer to the site may nominally increase ridership by residents of the project, but it is unlikely that this change would be sufficient to reduce project VMT/capita to less than significant. Other VMT reduction measures noted by MST may have potential to reduce VMT, but it would be speculative to determine to what extent future residents might avail themselves of these measures initially or consistently over time, and therefore, speculative to quantify if VMT/capita for the project might be reduced.

2. The air district states that it endorses MST’s recommendation for developing a transportation demand management program for the project to further reduce VMT and reduce air emissions.

Refer to the responses to comments 1, 2, and 3 in Letter 1 from MST, and to the response to comment #4 below.

3. The air district identifies “micromobility” options as a tool to reduce project VMT. Examples of micromobility options include bicycles, electric bikes, wheelchairs, and scooters. The purpose of providing micromobility options is to bridge the first and last mile gap to transit access. The air district recommends that the City implement a micromobility program.

Providing micromobility options for accessing transit are acknowledged, and the City could consider implementing a micromobility program in Soledad. Note in the response to comment #2 in Letter 1, that the applicant has agreed, as a condition of approval, to construct a bus stop along the project site frontage. Therefore, project residents would have immediate access to a transit route such that bridging the gap to transit accessibility would be moot for the project. No changes to the draft EIR are required.

4. The air district recommends using the list of VMT mitigation measures in the California Office of Planning and Research’s “Technical Advisory on Evaluating Transportation Impacts in CEQA Documents” to assist with identifying feasible mitigation measures the VMT impact.

A range of VMT reduction measures were evaluated for their feasibility and validity for the project and for which quantifying associated potential VMT reductions would not be speculative, as discussed in the draft EIR. Sources including the Technical Advisory on Evaluating Transportation Impacts in CEQA Documents, the California Air Pollution Control 209
Section 2.0 Draft EIR Comments and Responses 2-8 EMC Planning Group Almond Acres Final EIR April 2026
Officers’ publication “Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity”, and Hexagon Transportation Consultants’ experience with the regional travel demand model and the firm’s experience regarding VMT reduction measure feasibility were considered. After careful review of possible measures with the traffic consultant, the determinations in the project initial study and VMT analysis in Appendix A of the draft EIR, and in Section 5.0, Transportation – Vehicle Miles Traveled of the draft EIR were made.
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State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Central Region
1234 East Shaw Avenue
Fresno, California 93710
(559) 243-4005
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
August 11, 2025
Ariana Mora, Senior Planner
City of Soledad
248 Main Street Soledad
Monterey, California 93960
(831) 223-5020
[email protected]
Subject: Almond Acres
Draft Environmental Impact Report (DEIR)
SCH No.: 2025030381
Dear Ariana Mora:

The California Department of Fish and Wildlife (CDFW) received a DEIR from the City of Soledad pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines.

Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife.

Likewise, CDFW appreciates the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under Fish and Game Code.

CDFW ROLE
CDFW is California’s Trustee Agency for fish and wildlife resources and holds those resources in trust by statue for all the people of the State (Fish and Game Code, §§ 711.7, subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines § 15386, subd. (a)). CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Id., § 1802).

CDFW is also submitting comments as a Responsible Agency under CEQA (Pub.

Resources Code, § 21069; CEQA Guidelines, § 15381). CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, activities evaluated in the Plan may be subject to CDFW’s lake Docusign Envelope ID: 5189B80A-C357-4052-82BC-2B722EE7288F 211
Ariana Mora, Senior Planner
City of Soledad
August 11, 2025

and streambed alteration regulatory authority (Fish and Game Code, § 1600 et seq.).

Likewise, to the extent implementation of the Plan as proposed may result in “take” as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), related authorization as provided by the Fish and Game Code may be required.

Unlisted Species: Species of plants and animals need not be officially listed as Endangered, Rare, or Threatened (E, R, or T) on any State or federal list to be considered E, R, or T under CEQA. If a species can be shown to meet the criteria for E, R, or T, as specified in the CEQA Guidelines section 15380, CDFW recommends it be fully considered in the environmental analysis for the Project.

PROJECT DESCRIPTION SUMMARY
Proponent: Nino Homes at Almond Acres Inc
Objective: The Project proposes to subdivide three parcels (A, B, and C), and a 55-lot single-family subdivision. A new 12-unit, multi-family apartment building would be constructed on Parcel B (0.38 acres), and stormwater improvements would be constructed on Parcel C (0.41 acres). As part of the Project, a 55-lot single-family subdivision would be constructed on the balance of the site (5.31 acres). Forty-seven of the single-family lots would be 4,250 square feet or less, with the remaining eight lots ranging from 4,500 to 7,358 square feet. A total of 67 units are planned. New internal roads would be constructed within the Project site to access all parcels and individual lots.

Location: The Project is located at 315 Orchard Lane, within Assessor’s Parcel Number (APN) 022-281-005.

COMMENTS AND RECOMMENDATIONS
CDFW offers the following comments and recommendations to assist the City of Soledad in adequately identifying and/or mitigating the Project’s significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. Editorial comments or other suggestions may also be included to improve the DEIR prepared for this Project.

CDFW originally commented on the Project’s Notice of Preparation (NOP) on April 22, 2025, and provided recommendations pertaining to the State candidate Crotch’s bumble bee (Bombus crotchii), the State species of special concern American badger (Taxidea taxus), and the California Rare Plant Rank (CRPR) 1B.1 Congdon’s Tarplant (Centromadia parryi ssp. Congdonii), and federally threatened and CRPR 1B.2 Monterey spineflower (Chorizanthe pungens var. pungens). After a review of the DEIR, CDFW has concerns about the ability of some the proposed mitigation measures to Docusign Envelope ID: 5189B80A-C357-4052-82BC-2B722EE7288F ___________________________ 1 212
Ariana Mora, Senior Planner
City of Soledad
August 11, 2025

reduce impacts to less than significant and avoid unauthorized take for several specialstatus species, including Crotch’s bumble bee and Congdon’s Tarplant.

Crotch’s Bumble bee
CDFW previously recommended a habitat assessment be conducted as part of the biological studies to inform the DEIR. The DEIR notes that a reconnaissance-level biological survey was conducted on October 11, 2024, after most floral resources had senesced. No additional surveys were performed beyond the October 11, 2024, survey.

Appendix C of the DEIR concludes a low probability of Crotch’s Bumble Bee (CBB) presence due to marginal habitat—open undeveloped areas and urban landscaping— with few nectar plants and minimal nesting sites such as burrows, vegetation tufts, and construction debris. However, since the survey occurred after most floral resources would have senesced, the availability of nectar resources may not accurately reflect onsite conditions during peak bloom. As such, CDFW recommends the following:

Recommended Mitigation Measure 1: CBB Habitat Assessment CDFW recommends a qualified biologist conduct a habitat assessment during the appropriate time of year to determine if the entire Project site and the immediate surrounding vicinity contain habitat suitable to support CBB. Potential nesting sites, which include all small mammal burrows, perennial bunch grasses, thatched annual grasses, brush piles, old bird nests, dead trees, and hollow logs would need to be documented as part of the assessment.

Recommended Mitigation Measure 2: CBB Surveys Prior to Construction If potentially suitable habitat is identified, regardless of what time of year Project activities will be conducted, CDFW recommends that a qualified biologist conduct focused surveys for CBB and their requisite habitat features following the methodology outlined in the Survey Considerations for California Endangered Species Act Candidate Bumble Bee Species (CDFW 2023).

Recommended Mitigation Measure 3: CBB Avoidance
If CBB is detected, CDFW recommends that all small mammal burrows and thatched/bunch grasses be avoided by a minimum of 50 feet to avoid take and potentially significant impacts. If ground-disturbing activities will occur during the overwintering period (October through February), consultation with CDFW is warranted to discuss how to implement Project activities and avoid take. Any detection of CBB prior to or during Project implementation warrants consultation with CDFW to discuss how to avoid take.

Docusign Envelope ID: 5189B80A-C357-4052-82BC-2B722EE7288F _____________________________________________________________________________________ 1 cont'd
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City of Soledad
August 11, 2025

Recommended Mitigation Measure 4: CBB Take Authorization If take cannot be avoided, CDFW recommends acquiring an Incidental Take Permit (ITP) pursuant to Fish and Game Code Section 2081(b), prior to initiating ground-disturbing activities.

Congdon’s Tarplant
Appendix C of the DEIR states there’s a low probability of Congdon’s tarplant presence within the Project site but notes the site contains suitable habitat. Appendix C notes that there is low probability for Congdon’s tarplant as no individuals were observed during the reconnaissance-level biological survey on October 11, 2024.

The blooming period for Congdon’s tarplant is generally considered to be from May to October. The peak blooming period would be in late summer, and as the reconnaissance survey was timed near the end of the species bloom period, CDFW recommends conducting additional botanical surveys prior to construction. CDFW recommends these surveys be timed during the Congdon’s tarplant’s appropriate bloom period (May to October), with at least one survey conducted during the peak bloom period (July) and that nearby reference populations be utilized to facilitate the likelihood of field investigations occurring during the appropriate floristic period. CDFW also recommends the following:

Recommended Mitigation Measure 5: Special-Status Plant Avoidance CDFW recommends special-status plant species be avoided whenever possible by delineation and observing a no-disturbance buffer of at least 50 feet from the outer edge of the plant population(s) or specific habitat type(s) required by special-status plant species. If buffers cannot be maintained, then consultation with CDFW is warranted to determine appropriate minimization and mitigation measures for impacts to special-status plant species.

Recommended Mitigation Measure 6: Special-Status Plant Take Authorization If a State-listed plant species is identified during botanical surveys, consultation with CDFW is warranted to determine if the Project can avoid take. If take cannot be avoided, take authorization would need to occur through issuance of an ITP, pursuant to Fish and Game Code section 2081 subdivision (b), or Fish and Game Code section 1900 and California Code of Regulations, title 14, section 786.9.

EDITORIAL NOTES AND SUGGESTIONS
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Ariana Mora, Senior Planner
City of Soledad
August 11, 2025

California Natural Diversity Database
Please note that the California Natural Diversity Database (CNDDB) is populated by and records voluntary submissions of species detections. As a result, species may be present in locations not depicted in the CNDDB but where there is suitable habitat and features capable of supporting species. A lack of an occurrence record in the CNDDB does not mean a species is not present. In order to adequately assess any potential Project-related impacts to biological resources, surveys conducted by a qualified biologist/botanist during the appropriate survey period(s) and using the appropriate protocol survey methodology are warranted in order to determine whether or not any special-status species are present at or near the Project site.

ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database, which may be used to make subsequent or supplemental environmental determinations (Pub. Resources Code, § 21003, subd. (e)). Accordingly, please report any special-status species and natural communities detected during Project surveys to the CNDDB. The CNDDB field survey form can be found at the following link: https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data.

The completed form can be mailed electronically to CNDDB at the following email address: [email protected]. The types of information reported to CNDDB can be found at the following link: https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.

FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the fee is required in order for the underlying project approval to be operative, vested, and final (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089).

CONCLUSION
CDFW appreciates the opportunity to comment on the DEIR to assist the City of Soledad in identifying and mitigating this Project’s impacts on biological resources.

More information on survey and monitoring protocols for sensitive species can be found at CDFW’s website (https://www.wildlife.ca.gov/Conservation/Survey-Protocols). Please see the enclosed, Attachment 1, Mitigation Monitoring and Reporting Program (MMRP) table, which corresponds with recommended mitigation measures in this comment letter. Questions regarding this letter or further coordination should be directed to Evelyn Docusign Envelope ID: 5189B80A-C357-4052-82BC-2B722EE7288F ______________________ 3 ______________________
4 _________________
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Ariana Mora, Senior Planner
City of Soledad
August 11, 2025

Barajas-Perez, Environmental Scientist, at (805) 503-5738 or evelyn.barajas[email protected].

Sincerely,
Julie A. Vance
Regional Manager

ATTACHMENT
ec: State Clearinghouse
Governor’s Office of Planning and Research
[email protected]
Docusign Envelope ID: 5189B80A-C357-4052-82BC-2B722EE7288F 216
Ariana Mora, Senior Planner
City of Soledad
August 11, 2025

REFERENCES
California Department of Fish and Wildlife. 2023. Survey considerations for California Endangered Species Act (CESA) candidate bumble bee species. Sacramento, California, USA.

Docusign Envelope ID: 5189B80A-C357-4052-82BC-2B722EE7288F 217
Attachment 1

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

RECOMMENDED MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
PROJECT: Almond Acres
SCH No.: 2025030381

RECOMMENDED MITIGATION MEASURE STATUS/DATE/INITIALS
Before Disturbing Soil or Vegetation
Crotch’s bumble bee (CBB)
Recommended Mitigation Measure 1:

CBB Habitat Assessment
Recommended Mitigation Measure 2:

CBB Surveys Prior to Construction
Recommended Mitigation Measure 4:

CBB Take Authorization
Congdon’s Tarplant
Recommended Mitigation Measure 6:

Special-Status Plant Take Authorization
During Construction
Crotch’s bumble bee (CBB)
Recommended Mitigation Measure 3:

CBB Avoidance
Congdon’s Tarplant
Recommended Mitigation Measure 5:

Special-Status Plant Avoidance
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Section 2.0 Draft EIR Comments and Responses 2-17 EMC Planning Group Almond Acres Final EIR April 2026
Letter 3 – California Department of Fish and Wildlife

1. CDFW recommends additional discussion and mitigation for the potential presence of Crotch’s bumble bee (Bombus crotchii).

The initial study in Appendix A of the draft EIR includes a section on biological resources. A site visit was conducted on October 11, 2024, to document existing plant communities/wildlife habitats and assess the suitability of the site to support special-status species. A second site visit was conducted on September 17, 2025, to address this comment letter.

Although this species is a generalist and, if present, could utilize non-native bur clover (Medicago polymorpha), sweet clover (Melilotos sp.), or native California poppies (Eschscholzia californica) present in small quantities at the site, habitat quality at the site is considered low to very low.

Potential nesting habitat is limited and no bumble bees of any species were observed during the site visits. The nearest historical observation of Crotch’s bumble bee recorded in the California Natural Diversity Database is from 1964 with a general location of “near the Salinas River,” approximately 1.4 miles from the project site (Occurrence No. 38, CDFW 2025). According to Bumble Bee Watch, a citizen science project documenting observations of bumble bee species throughout the country, the closest recent observations of Crotch’s bumble bee are found in Paicines and Tres Piños, more than twenty miles from the project site.

The project site is located in an urban area, with the nearest non-developed habitats (agricultural fields) located 1,200 feet to the east, the Salinas River located 1.4 miles to the southwest and foothill grassland located 1.5 miles to the east. The urban nature of the project area, combined with the distance to recent observations of the species and potential contiguous habitats, indicate this species is unlikely to occur within the project area. Additional mitigation measures are not recommended.

2. CDFW recommends additional discussion and mitigation for the potential presence of Congdon’s tarplant (Centromadia parryi spp. congdonii).

The initial study in Appendix A of the draft EIR includes a section on biological resources. A site visit was conducted on October 11, 2024, to document existing plant communities/wildlife habitats and assess the suitability of the site to support special-status species. A second site visit was conducted on September 17, 2025, to address this comment letter.

Congdon’s tarplant is a low-growing annual herb that typically blooms May to October, with peak blooming from late summer to early fall. It is found on a range of substrates and is tolerant of disturbed and ruderal (weedy) areas, often occurring in patches of non-native grassland. The closest documented occurrence was recorded in 1998 approximately four miles northeast of the project site (Occurrence No. 30, CDFW 2025). Both the site visit in 2024 and the follow up site 219
Section 2.0 Draft EIR Comments and Responses 2-18 EMC Planning Group Almond Acres Final EIR April 2026
visit in 2025 occurred during the blooming period for this species. The site was systematically searched for Congdon’s tarplant and none were observed. Additional mitigation measures are not recommended.

3. CDFW notes that a lack of an occurrence record in the California Natural Diversity Database does not mean a species is not present.

This comment is acknowledged. Please see the responses to comments 1 and 2 above regarding biologists site investigations and conclusions.

4. CDFW notes that CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into California Natural Diversity Database, which may be used to make subsequent or supplemental environmental determinations.

No observations of special-status species were identified during either of the site investigations, and therefore, there is no information to incorporate into the database.

5. CDFW notes that the project would have an impact on fish and/or wildlife and an assessment of filing fees is necessary.

This comment is acknowledged.

Sources
Bumble Bee Watch. 2025. Bumble Bee Maps. Accessed September 2025. https://www.bumblebeewatch.org/
California Department of Fish and Wildlife. 2025. California Natural Diversity Database.

Accessed September 2025.
https://apps.wildlife.ca.gov/rarefind/view/RareFind.aspx 220
CEQA Findings
Almond Acres
SCH# 2025030381
November 25, 2025
Prepared by
EMC Planning Group
Exhibit B
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This document was produced on recycled paper.

CEQA FINDINGS

ALMOND ACRES
SCH# 2025030381

PREPARED FOR
City of Soledad
Ariana Mora, Senior Planner
248 Main Street
Soledad, CA 93960
Tel 831.223.5020
[email protected]

PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Ron Sissem, Senior Principal
[email protected]
www.emcplanning.com
November 25, 2025
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Table of Contents

CEQA FINDINGS OF FACT AND STATEMENT OF OVERRIDING
CONSIDERATIONS – ALMOND ACRES EIR.............................................................. 1 I. Environmental Review Process............................................................................................... 1 II. Project Description ................................................................................................................... 2 III. Findings and Statement of Overriding Considerations Background................................. 4 IV. Findings for Significant Environmental Impacts Mitigated to a Less-thanSignificant Level......................................................................................................................... 6 V. Findings for Environmental Impacts that are Significant and Unavoidable .................. 15 VI. Findings Regarding Alternatives to the Proposed Project and the City Council’s Decision to Reject the Alternatives ...................................................................................... 16 VII. Statement of Overriding Considerations ............................................................................. 18 VIII. Mitigation Monitoring and Reporting Program.................................................................. 21 IX. Record of the Proceedings..................................................................................................... 21 225
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CEQA Findings of Fact and
Statement of Overriding Considerations –
Almond Acres EIR
I. Environmental Review Process
CEQA (PRC Section 21000 et seq.) requires state and local government agencies to consider the environmental consequences of projects for which they have discretionary authority. This document, which has been prepared in compliance with the requirements of CEQA and the CEQA Guidelines (California Code of Regulations Title 14 Section 15000 et seq.), sets forth the findings of the City of Soledad (hereafter referred to as “City”), the lead agency under CEQA, regarding the Almond Acres Project (also referred to as the “project” or “proposed project”).

The primary source of information for this document is the Final Environmental Impact Report (Final EIR; SCH #2025030381) for the proposed project, and the documents that have been incorporated into the Final EIR directly or by reference. Full descriptions of the proposed project, its associated environmental impacts, mitigation measures, project alternatives, and other information required under CEQA are contained in the Final EIR. The Final EIR consists of the Draft EIR and the responses to comments on the Draft EIR.

To determine the scope of the Draft EIR, the City prepared an initial study. The initial study can be found as Appendix A to the Draft EIR. The initial study identified several potentially significant impacts of the project and includes mitigation measures to reduce those impacts to less than significant. However, the vehicle miles traveled (VMT) impact was found to be significant and unavoidable. Thus, the initial study was used to focus the Draft EIR on the topic of VMT. The determinations of impact significance for project are, therefore, found in both the initial study in Appendix A of the Draft EIR and in the body of the Draft EIR for VMT. The City then prepared a Notice of Preparation (NOP). On March 10, 2025, the NOP was distributed to trustee and responsible agencies, members of the public, other interested parties, and the Governor's Office of Land Use and Climate Innovation (formerly named the California State Clearinghouse). This began the 30-day public review period, which ended on April 10, 2025. Written responses to the NOP were received from the following:

1. Native American Heritage Commission, March 11, 2025;

2. Monterey-Salinas Transit, March 25, 2025;

3. Pacific Gas and Electric Company, April 2, 2025;
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4. Pacific Gas and Electric Company, April 8, 2025;

5. California Department of Transportation – District 5, April 8, 2025;

6. Monterey Bay Air Resources District, April 9, 2025; and

7. California Department of Fish and Wildlife, April 22, 2025.

Comments received in response to the NOP were considered during preparation of the Final EIR and are included in their entirety in that document.

The Draft EIR, with an accompanying Notice of Completion (NOC), was circulated to the State Clearinghouse, trustee agencies, responsible agencies, other government agencies, and interested members of the public for a 45-day review period, extending from June 27, 2025 through August 11, 2025.

Comments on the Draft EIR, a list of commenters, and the City’s responses to comments are contained in the Final EIR, dated November 5, 2025. Pursuant to CEQA Guidelines Section15088(b), the Final EIR was made available for review by agencies and interests that provided written comments on the Final EIR for at least 10 days prior to the City Council public hearing at which the City Council considered certifying the Final EIR.

The Final EIR consists of the following:

A. Draft Environmental Impact Report (“Draft EIR”), dated June 9, 2025; B. All appendices to the Draft EIR;
C. Final EIR, dated November 2025, containing all written comments and responses on the Draft EIR and refinements and clarifications to the Draft EIR; D. All comments and City responses entered into the record in writing, as well as accompanying technical memoranda or evidence entered into the record; and The Final EIR did not provide any significant new information regarding the proposed project or cumulative impacts or mitigation measures beyond that contained in the Draft EIR.

II. Project Description
For the complete project description, refer to Draft EIR Section 4.0, Project Description. Key elements of the project description are summarized below to inform review of these CEQA findings.

Project Location
The Almond Acres project site is located in the eastern portion of the City of Soledad on 12.48 acres. The project site fronts Orchard Lane and is located between Cedar Lane and Calle Valverde, 228
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Almond Acres EIR November 2025
consisting of undeveloped non-native annual grassland and ruderal vegetation. Eighteen mobile homes are located in the southwestern portion of the property that would remain. Three on-site houses from Orchard Lane – these homes would be removed. The site slopes mildly from northeast to southeast, with ranges in elevation from approximately 234 feet in the northeast to approximately 224 feet in the southwest.

The project site is bordered by residences to the north and east, San Vicente Elementary School to the south, and Gabilan Elementary School and the Soledad Community Center to the west.

Project Objectives
The underlying purpose of the project is to support the City’s projected growth needs consistent with the General Plan. The objectives are based on the applicant’s vision for developing the site as anticipated by the General Plan and consistent with the zoning designation of the site. The objectives are as follows:
 Design the project using the development standard flexibility allowed per the City’s Planned Unit Development regulations to maximize compatibility of new development with existing adjacent land uses;
 Utilize the City’s Planned Unit Development regulations to enable developing a portion of the site as multi-family residential (senior/affordable housing) to meet the City’s inclusionary housing requirements and deliver housing in critical need;  Develop market rate single-family housing consistent with the General Plan land use designation for the site; and
 Reduce environmental impacts of development by building new housing on a degraded infill site that is centrally located in the city.

Project Characteristics
The applicant has submitted an application for a vesting tentative subdivision map (TSM 2024-01) to subdivide the site into three parcels (A, B, and C), and a 55-lot single-family subdivision. The existing mobile home park would be retained on Parcel A (3.32 acres). A new 12-unit, multi-family affordable housing apartment building is planned on Parcel B (0.38 acres), and stormwater improvements would be installed on Parcel C (0.41 acres). The single-family subdivision would be constructed on 5.31 acres, with the 3.06-acre balance of the site comprised of new internal roadways.

Forty-seven of the single-family lots would be 4,250 square feet or less, with the remaining eight lots ranging from 4,500 to 7,358 square feet. A total of 67 units are planned.

A Planned Unit Development approval is also required to allow for the site planning flexibility being proposed.
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Roadway and Stormwater Facilities
New internal roads would be constructed to access all parcels and individual lots. Existing Cardena Drive would be extended west into the site to terminate in a cul-de-sac. Streets A and B would extend south from Cardena Drive with a Street C cul-de-sac constructed east from Street B. Cedar Lane is an existing street that traverses about half of the southern site boundary from. It would be improved to City standards to provide a second access to Orchard Lane. All new streets would be 50 feet wide, with two 12-foot travel lanes, two 8-foot parking lanes and 5-foot sidewalks on both sides.

A bio-retention facility is planned on Parcel C to be consistent with stormwater management and water quality control requirements. Underground stormwater chambers would be placed here and sized to retain greater than the 95th percentile rain events and runoff to predevelopment levels for a 100-year storm event.

III. Findings and Statement of Overriding Considerations Background
The content of sections IV through IX of this finding and statement of overriding considerations document generally follow direction provided in CEQA Guidelines Section 15091, Findings:
15091. FINDINGS
(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
(b) The findings required by subdivision (a) shall be supported by substantial evidence in the record.
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(c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subdivision (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives.
(d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based.
(f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section.

The findings and statement of overriding considerations provide the written analysis and conclusions of the City Council regarding the environmental impacts of the project, the mitigation measures for those impacts, and alternatives to the proposed project.

In consideration of making these findings and determinations, the City Council has considered the opinions of other agencies and members of the public, including opinions that disagree with some of the analysis and, to the extent they are indirectly implicated, the significance thresholds used in the Final EIR. The City Council finds that the determination of significance thresholds is a judgment within the discretion of the City Council; the significance thresholds used in the Final EIR are supported by substantial evidence in the record, including the expert opinion of the Final EIR preparers and City of Soledad staff; and the significance thresholds used in the Final EIR provide reasonable and appropriate means of assessing the significance of the adverse environmental effects of the project.

The initial study in Appendix A of the Draft EIR, which is incorporated into the Final EIR, identified the potential for the project to cause significant environmental impacts in the areas of: air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, and noise. The City Council finds that the feasible mitigation measures for these impacts identified in the initial study, with the exception of the unmitigable VMT impact discussed in Section V of this document, reduce the project impacts to a less-than-significant level. The City Council adopts all of the feasible mitigation measures for the project described in the Final EIR as conditions of approval of the project and incorporates those into the project.

The information in Sections IV and V of this document summarizes the environmental determinations of the Final EIR about the project environmental impacts before and after mitigation. This information does not describe the full analysis of each environmental impact 231
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contained in the Final EIR. Instead, each environmental impact is listed, along with the applicable mitigation measure(s) described in the Final EIR, and the City Council’s findings on the significance of each environmental impact after imposition of the applicable mitigation measure(s) are described.

A full explanation of the environmental impacts and significance conclusions can be found in the Final EIR and this findings document hereby incorporate by reference the discussion and analysis in the Final EIR supporting the determinations regarding the environmental impacts and mitigation measures designed to address those impacts.

Accordingly, the City Council approves the findings herein as its findings regarding the project’s environmental impacts before and after mitigation. In making these findings, the City Council ratifies, adopts, and incorporates the analysis and explanations in the Final EIR, and ratifies, adopts, and incorporates in these findings the determinations and conclusions of the Final EIR relating to environmental impacts and mitigation measures, except to the extent any such determinations and conclusions are specifically and expressly modified by these findings.

The City Council adopts, and incorporates as conditions of approval of the project, the mitigation measures set forth in the Mitigation Monitoring Program (MMRP) to reduce or avoid the potentially significant and significant impacts of the project. In recommending adoption of these mitigation measures, the City Council adopts each of the mitigation measures identified by the Final EIR. In the event a mitigation measure recommended in the Final EIR has inadvertently been omitted from the MMRP, the City Council hereby adopts such mitigation measures by reference. In addition, in the event the language describing a mitigation measure set forth in the MMRP fails to accurately reflect the mitigation measures in the Final EIR due to a clerical error, the language of the mitigation measure as set forth in the Final EIR shall control, unless the language of the mitigation measure has been specifically and expressly modified by these findings.

IV. Findings for Significant Environmental Impacts
Mitigated to a Less-than-Significant Level
This section includes the significant impacts identified in the initial study (Appendix A of the Draft EIR) that can be mitigated to less than significant, the mitigation measure(s) that would reduce the impacts to less than significant, and findings and facts in support of the findings for each impact.

A. Air Quality
The project impacts on air quality are discussed in Section 3.0, Air Quality, of the initial study (Appendix A of the Draft EIR).
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Impact – Operation of Construction Equipment Could Expose Sensitive Receptors to Toxic Air Contaminants
Findings
Changes or alterations have been required in the project that avoid or substantially lessen the significant environmental effect as identified in the initial study. Specifically, the following mitigation measure imposed upon the project mitigates the impact to a less-than-significant level:

Mitigation Measure AQ-1. The applicant shall prepare a construction management plan that shall specify best management practices for reducing toxic air contaminants from diesel powered equipment used during construction activities. The plan shall include the following measures, which shall be included in all bid documents, grading and construction plans and implemented by the project contractor during construction.
a. Heavy-duty diesel vehicles will have 2010 or newer model year engines, in compliance with the California Air Resources Board’s Truck and Bus Regulation, and will not be staged within 500 feet of occupied residences.
b. Idling of construction equipment and heavy-duty diesel trucks will be avoided where feasible, and if idling is necessary, it will not exceed three minutes. c. All construction equipment will be maintained and properly tuned in accordance with manufacturer’s specifications and will be checked by a certified visible emissions evaluator. d. All non-road diesel construction equipment will, at a minimum, meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part 89, Subpart B, §89.112. Further, where feasible, construction equipment will use alternative fuels such as compressed natural gas, propane, electricity or biodiesel.

Facts in Support of the Findings
The dust control measures identified in Mitigation Measure AQ-1 have been recommended by the air district over time as best management measures for reducing emissions from diesel equipment used during construction activities. Diesel particulate matter contained in those emissions can be a health risk to nearby sensitive receptors. Imposition of the measures as contractor specifications is a common CEQA mitigation approach. The measures will sufficiently reduce diesel emissions from construction activities such that this potentially significant impact will be reduced to less than significant.

B. Biological Resources
The project impacts on biological resources are discussed in Section 4.0, Biological Resources, of the initial study (Appendix A of the Draft EIR).
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Impact. Disturbance of Roost and/or Natal Sites Occupied by Special-Status Bats Could Results in the Loss or Harm to Species
Findings
Changes or alterations have been required in the project that avoid or substantially lessen the significant environmental effect as identified in the initial study. Specifically, the following mitigation measure imposed upon the project mitigates the impact to a less-than-significant level:

Mitigation Measure BIO-1. Special-Status Bat Species. The following measures shall be implemented to avoid loss of or harm to special-status bat species:

1. Prior to issuance of tree removal, demolition, and grading permits, approximately 14 days prior to tree removal or any construction activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees or buildings within 50 feet of the construction easement. These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting features found during the survey shall be flagged or marked.

2. If no roosting sites or bats are found, a letter report shall be prepared by the biologist and submitted to City of Soledad, where it shall be kept on file, and no further measures are required.

3. If bats or roosting sites are found, bats shall not be disturbed without specific notice to and consultation with California Department of Fish and Wildlife.

4. The nursery season is typically from May 1 to October 1. If bats are found roosting outside of the nursery season, California Department of Fish and Wildlife shall be consulted prior to any eviction or other action. If avoidance or postponement is not feasible, a Bat Eviction Plan shall be submitted to California Department of Fish and Wildlife for written approval prior to project implementation. A request to evict bats from a roost includes details for excluding bats from the roost site and monitoring to ensure that all bats have exited the roost prior to the start of activity and are unable to re-enter the roost until activity is completed. Any bat eviction shall be timed to avoid lactation and young-rearing. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in 234
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consultation with the California Department of Fish and Wildlife) shall be established around the roosting site within which no construction activities including tree removal or structure disturbance shall occur until after the nursery season.

Mitigation Measure BIO-2. Worker Environmental Awareness Program. Prior to the project commencement, a qualified biologist shall conduct a training session for all construction personnel.

At a minimum, the training shall include a description of special-status species potentially occurring in the project vicinity, including, but not limited to roosting bats and nesting birds. Their habitats, general measures that are being implemented to conserve species as they relate to the project, and the boundaries within which construction activities will occur will be explained. Informational handouts with photographs clearly illustrating the species’ appearances shall be used in the training session. All new construction personnel shall undergo this mandatory environmental awareness training. The project applicant shall document evidence of completion of this training by a letter report prepared by the biologist and submitted to the City of Soledad, where it will be kept on file.

Facts in Support of the Findings
If special-status bat species are present during construction activities, including tree or building removal, the project could result in the disturbance of roost and/or natal sites occupied by specialstatus bat species if the activities were to occur on or adjacent to the project site. Implementation of this mitigation measure would reduce potential impacts to special-status bat species to less than significant by requiring a habitat assessment for bats and potential roosting sites in trees or buildings within 50 feet of the construction easement prior to issuance of tree removal, demolition, and grading permits and approximately 14 days prior to tree removal or any construction activities. If bats or roosting sites are found, bats shall not be disturbed without specific notice to and consultation with California Department of Fish and Wildlife. Therefore, this impact is less than significant with mitigation incorporated.

Impact. Disturbance to Nesting Birds During Construction Could Results in the Loss or Harm to Species
Findings
Changes or alterations have been required in the project that avoid or substantially lessen the significant environmental effect as identified in the initial study. Specifically, the following mitigation measure imposed upon the project mitigates the impact to a less-than-significant level:

Mitigation Measure BIO-3. Nesting Birds. To avoid impacts to nesting birds during the nesting season (January 15 through September 15), all construction activities should be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or projectrelated work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys. 235
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1. Two surveys for active bird nests will occur within 14 days prior to start of ground disturbance, with the final survey conducted within 48 hours prior to ground disturbance. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys will be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. If no nesting birds are found, a letter report confirming absence will be prepared and submitted to the City of Soledad and no further mitigation is required.

2. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g., defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Once the absence of nesting birds has been confirmed, a letter report will be prepared and submitted to the City of Soledad.

Facts in Support of the Findings
If nesting birds protected by state and federal regulations are present during soil-disturbing or construction activities including vegetation removal and site preparation, the proposed project may directly result in loss of active nests, or indirectly result in nest abandonment and thereby cause loss of fertile eggs or nestlings. Implementation of this mitigation measure would reduce potential impacts to nesting birds and raptors to less than significant by requiring a preconstruction survey prior to construction in and adjacent to the project site. A previously presented measure (BIO-2) also requires preconstruction training to inform workers at the construction site that nesting birds may be found and steps to follow if any nesting activity is observed. If nesting activity is observed, measures to protect the nest(s) shall be implemented. Therefore, this impact is less than significant with mitigation incorporated.

C. Cultural Resources
The project impacts on cultural resources are discussed in Section 5.0, Cultural Resources, of the initial study (Appendix A of the Draft EIR).
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Impact. Potential Adverse Change to Historic Resources and/or Unique Archaeological Resources During Construction
Findings
Changes or alterations have been required in the project that avoid or substantially lessen the significant environmental effect as identified in the initial study. Specifically, the following mitigation measure imposed upon the project mitigates the impact to a less-than-significant level:

Mitigation Measure CUL-1. In the event that archaeological resources are encountered during ground disturbing activities, the contractor shall temporarily halt or divert excavations within a 50 meter (165 feet) of the find until it can be evaluated. All potentially significant archaeological deposits shall be evaluated to demonstrate whether the resource is eligible for inclusion on the California Register of Historic Resources, even if discovered during construction. If archaeological deposits are encountered, they will be evaluated and mitigated simultaneously in the timeliest manner practicable, allowing for recovery of materials and data by standard archaeological procedures. For prehistoric archaeological sites, this data recovery involves the hand‐excavated recovery and non‐destructive analysis of a small sample of the deposit. Historic resources shall also be sampled through hand excavation, though architectural features may require careful mechanical exposure and hand excavation.

Any previously undiscovered resources found during construction activities shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance by a qualified Archaeologist. Significant cultural resources consist of but are not limited to stone, bone, glass, ceramics, fossils, wood, or shell artifacts, or features including hearths, structural remains, or historic dumpsites.

Facts in Support of the Findings
A pedestrian survey was conducted at the project site, but no resources were found. Mitigation Measure CUL-1 is designed to ensure that, if cultural resources are uncovered during construction activities, appropriate measures are taken to protect and treat the resources. This is standard mitigation that ensures the potential impact on cultural resources, if present, are reduced to less than significant.

Impact. Potential to Disturb Native American Human Remains During Construction Findings
Changes or alterations have been required in the project that avoid or substantially lessen the significant environmental effect as identified in the initial study. Specifically, the following mitigation measure imposed upon the project mitigates the impact to a less-than-significant level:
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Mitigation Measure CUL-2. In the event that human remains (or remains that may be human) are discovered at the project site, Public Resource Code Section 5097.98 must be followed. All grading or earthmoving activities shall immediately stop within 50 meters (165 feet) of the find. The Monterey County Coroner will be notified immediately, and the coroner shall be permitted to examine the remains as required by California Health and Safety Code Section 7050.5(b).

Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American. If human remains are determined as those of Native American origin, the project proponent shall comply with the state relating to the disposition of Native American burials that fall within the jurisdiction of the NAHC (Public Resource Code [PRC] § 5097). The coroner shall contact the Native American Heritage Commission (NAHC) to determine the most likely descendant(s) (MLD). The MLD shall complete his or her inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site. The MLD will determine the most appropriate means of treating the human remains and associated grave artifacts, and shall oversee the disposition of the remains. In the event the NAHC is unable to identify an MLD or the MLD fails to make a recommendation within 48 hours after being granted access to the site, the landowner or his/her authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity within the project area in a location not subject to further subsurface disturbance if: a) the Native American Heritage Commission is unable to identify the MLD or the MLD failed to make a recommendation within 48 hours after being allowed access to the site; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.

Facts in Support of the Findings
A pedestrian survey was conducted at the project site, but no resources were found. Mitigation Measure CUL-2 is designed to ensure that if cultural resources, including human remains, are uncovered during construction activities, that appropriate measures are taken to protect and treat the resources. Mitigation Measure CUL-2 is designed specifically to provide direction for actions to be taken if human remains, rather than other cultural resource artifacts, are uncovered during construction. This is standard mitigation that will ensure potential impacts on human remains, if present, are reduced to less than significant.

D. Geology and Soils
The project impacts related to geology and soils are discussed in Section 7.0, Geology and Soils, of the initial study (Appendix A of the Draft EIR).
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Impact. Directly or Indirectly Destroy a Unique Paleontological Resource During Construction
Findings
Changes or alterations have been required in the project that avoid or substantially lessen the significant environmental effect as identified in the initial study. Specifically, the following mitigation measure imposed upon the project mitigates the impact to a less-than-significant level:

Mitigation Measure GEO-1. The following language shall be included on all grading permits: “If paleontological resources are discovered during demolition and earthmoving activities, work shall stop within 100 feet of the find until a qualified paleontologist can assess if the find is unique and, if necessary, develop appropriate treatment measures in consultation with the City of Soledad Community and Economic Development Department.”
Facts in Support of the Findings
Mitigation Measure GEO-1 is designed to ensure that, if paleontological resources are uncovered during construction activities, appropriate measures are taken to protect and treat the resources. This is standard mitigation that ensures the potential impact on paleontological resources, if present, are reduced to less than significant.

E. Hazards and Hazardous Materials
The project impacts regarding hazards and hazardous materials are discussed in Section 9.0, Hazards and Hazardous Materials, of the initial study (Appendix A of the Draft EIR).

Impact. Demolition Activities Could Release Hazardous Materials into the Environment Findings
Changes or alterations have been required in the project that avoid or substantially lessen the significant environmental effect as identified in the initial study. Specifically, the following mitigation measure imposed upon the project mitigates the impact to a less-than-significant level:

Mitigation Measure HAZ-1. Asbestos and Lead-Based Paint Survey Report. The project developer shall conduct an Asbestos and Lead-Based Paint Survey Report on the existing singlefamily home at 315 Orchard Lane prior to its demolition to identify the potential presence of asbestos and lead-based paint. The survey report shall be submitted for review and approval by the City Building and Safety Division prior to issuance of a demolition permit. The survey report shall include, but is not limited to:
 Visual inspection;
 Collection of samples;
 Testing of samples;
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 Consolidating data and findings into a written report; and  Recommendations provided, as necessary.

If no asbestos or lead-based paint is detected, demolition of the single-family home may commence with no additional precautions. If asbestos and/or lead-based paint is detected, the recommendations provided within the survey report shall be implemented.

Facts in Support of the Findings
Mitigation Measure HAZ-1 is designed to ensure that if asbestos or lead-based paint is found on the existing home, the appropriate measures will be taken to protect the potential for its release into the environment. This is standard mitigation that will ensure potential impacts associated with the release of hazardous materials into the environment, if present, are reduced to less than significant.

F. Noise
The project noise impacts are discussed in Section 13.0, Noise, of the initial study (Appendix A of the Draft EIR).

Impact. Construction Activities Would Cause a Substantial Temporary Noise Increase Findings
Changes or alterations have been required in the project that avoid or substantially lessen the significant environmental effect as identified in the initial study. Specifically, the following mitigation measure imposed upon the project mitigates the impact to a less-than-significant level:

Mitigation Measure N-1. The following best management practices shall be applied during project construction. The management practices shall be included in all construction documents, subject to review and approval by the City Engineer, prior to issuance of a demolition or grading permit:
 Per the City of Soledad Municipal Code, construction activities shall not occur outside the hours of 7:00 AM to 6:00 PM;
 All construction equipment shall be properly maintained and muffled as to minimize noise generation at the source;
 Noise‐producing equipment shall not be operating, running, or idling while not in immediate use;
 All noise‐producing construction equipment shall be located and operated, to the extent possible, at the greatest possible distance from any noise‐sensitive land uses;  Locate construction staging areas, to the extent possible, at the greatest possible distances from any noise‐sensitive land uses; and
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 Signs shall be posted at the construction site and near adjacent sensitive receptors displaying hours of construction activities and providing the contact phone number of a noise disturbance coordinator to be identified by the construction contractor. The coordinator shall be responsible for addressing construction noise issues that may be raised by residents or other affected parties.

Concerns that cannot be resolved by the coordinator may then be raised with the Community and Economic Development Director, who has final authority to resolve such concerns.

Facts in Support of the Findings
The noise reduction measures in Mitigation Measure N-1 are common best management practices for reducing short-term noise from such activities. They represent a common strategy for ensuring the individual sources of noise are reduced, that periods of construction be limited to reduce noise generation during hours at which noise receptors are most sensitive to noise, and providing a means for noise nuisances, if any, to be addressed and reduced. Together, these measures would reduce construction noise impacts to less than significant.

V. Findings for Environmental Impacts that are Significant and Unavoidable
This section includes the significant impact identified in the Final EIR that cannot be mitigated to less than significant because of the absence of project design features or mitigation that would reduce VMT. This section also includes findings and facts in support of the findings for the impact.

A. Transportation (VMT)
The project VMT impact is discussed in Section 5.0, Transportation (VMT) and Section 6.0, Significant and Unavoidable Impacts, of the Final EIR.

Impact 5-1. Conflict with CEQA Guidelines Section 15064.3 by Exceeding the Applicable Threshold for VMT
Findings
A VMT reduction of 11.7 percent would be required to reduce the impact to a less-than-significant level. Project design features would reduce VMT, but not to less than significant and no feasible, measurable and/or implementable mitigation measures were identified to reduce VMT to less than significant.

Facts in Support of the Findings
The multi-family housing component of the project would generate approximately 3.5 percent fewer daily trips compared to a single-family project, but even with this design feature, the project would still exceed the VMT threshold by 8.2 percent.
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A range of other VMT reduction measures were considered to further reduce VMT (primarily transit-related), but their implementation is deemed to be infeasible or uncertain. Therefore, the VMT impact is significant and unavoidable.

VI. Findings Regarding Alternatives to the Proposed
Project and the City Council’s Decision to Reject the
Alternatives
The Final EIR evaluated three alternatives to the proposed project:

1. Alternative 1: No Project;

2. Alternative 2: All Affordable Housing; and

3. Alternative 3: Increased Multi-Family Housing.

The Final EIR compared the environmental impacts of each alternative to the proposed project and the relative ability of each alternative to meet project objectives. The Final EIR also summarized the criteria used to identify a reasonable range of alternatives for review in the EIR and briefly discussed other alternatives considered, but not selected for detailed analysis.

A. Discussion and Findings for Alternatives
Alternative 1: No Project
Under CEQA, a “no project alternative” must be evaluated. This alternative must discuss the existing conditions, as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services. The “No Project” alternative is based on a single-family residential land use designation that applies to the site. Development under this designation would be reasonably foreseeable in the absence of the proposed project. Under this alternative, development capacity for the site is assumed to be 67 detached single-family units on small lots. This alternative also assumes the area of disturbance on the project site is the same as for the proposed project.

This alternative would worsen the unavoidable VMT impact of the proposed project because the trip generation rate for single-family detached housing is greater than for multi-family units. Thus, it would generate a greater number of average daily vehicle trips. Refer to Section 8.0, Alternatives, of the Final EIR for more discussion about this alternative and its relative impacts compared to the proposed project.

The No Project alternative would meet only two of the project objectives - it would enable singlefamily housing consistent with the General Plan on a biologically degraded infill site centrally located in Soledad. However, this alternative would not include multi-family units (senior/affordable housing) and would not implement the City’s Planned Unit Development regulations. 242
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Because of its failure to meet two fundamental project objectives, the City Council hereby rejects the No Project alternative.

Alternative 2: All Affordable Housing
The California Governor’s Office of Land Use and Climate Innovation recommends presuming that residential development that is 100 percent affordable and constructed on an infill parcel would have a less than significant VMT impact. The project site is an infill parcel. This alternative evaluates the impacts of a project comprised of 100 percent affordable housing, which would reduce the VMT impact to less than significant. With the addition of the 12 multi-family units already included in the project design, this all-affordable housing alternative would consist of constructing 118 multi-family units. Refer to Section 8.0, Alternatives, of the Final EIR for more discussion about this alternative and its relative impacts compared to the proposed project.

This alternative would meet three of the four project objectives. It would not meet the objective to develop single-family housing consistent with the General Plan. However, this alternative would reduce the significant and unavoidable VMT impact to less than significant.

While this alternative would be superior to the proposed project from an environmental impact perspective, it would not accomplish the project objective of consistency with the General Plan.

Further, the Housing Element already identifies enough development capacity for higher residential densities sufficient to meet affordable housing cost criteria – there is no need to identify additional capacity for higher density residential uses for this purpose. In addition, the small-lot/small singlefamily residential uses proposed are considered to be affordable to moderate income households in Soledad. This housing product type is in high demand in Soledad and would provide housing that meets an important goal of the Housing Element. Eliminating this product type from the project would eliminate this important benefit. Therefore, City Council hereby rejects the All Affordable Housing alternative.

Alternative 3: Increased Multi-Family Housing
The purpose of this alternative is to increase the number of multi-family units and reduce the number of single-family units as a basis to reduce daily vehicle trip volume and associated daily VMT. Residential development capacity under this alternative is assumed to be the same as the proposed project at 67 units and the project site area of disturbance would be the same as for the proposed project.

One possible variation in the ratio of multi-family to single-family unit types that would reduce VMT is to construct 23 multi-family units and 44 single-family units (a change from 12 multi-family units and 55 single-family units as proposed). With this change, daily VMT/capita would be reduced by 12 percent, which is greater than the 8.2 percent reduction needed for VMT to be reduced to or below the threshold of significance of 11.2 VMT/capita. This results from the lower daily vehicle trip rate for multi-family units relative to single-family units. Refer to Section 8.0, Alternatives, of the Final EIR for more discussion about this alternative.
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This alternative would reduce the significant and unavoidable VMT impact to less than significant.

This alternative would meet three of the four project objectives, and would partially meet the fourth objective, constructing single-family housing consistent with the General Plan, but to a lesser degree than the proposed project.

While this alternative would be superior to the proposed project from an environmental impact perspective, it would not accomplish the project objective of consistency with the General Plan.

As also described for Alternative 2, the Housing Element already identifies enough development capacity for higher residential densities sufficient to meet affordable housing cost criteria – there is no need to identify additional capacity for higher density residential uses for this purpose. In addition, the small-lot/small single-family residential uses proposed are considered to be affordable to moderate income households in Soledad. This housing product type is in high demand in Soledad and would provide housing that meets an important goal of the Housing Element. Eliminating this product type from the project would eliminate this important benefit. Therefore, City Council hereby rejects the Increased Multi-Family Housing alternative.

Findings Regarding Adequacy of Range of Alternatives
The City Council finds that the range of alternatives evaluated in the EIR reflects a reasonable attempt to identify and evaluate various types of alternatives that would be capable of avoiding or substantially lessening the environmental impacts of the proposed project, while accomplishing most of the project objectives. The City Council finds that the alternatives analysis is sufficient to inform the City Council and the public regarding the tradeoffs between the degree to which alternatives to the project could avoid or lessen environmental impacts and the corresponding degree to which the alternatives would hinder the ability to achieve project objectives.

VII. Statement of Overriding Considerations
Before adopting a Statement of Overriding Considerations, the City Council, as the lead agency or decision-making agency, must meet the following provisions set forth in section 15093 of the CEQA Guidelines:
a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.”
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b) When the lead agency approves a project that will result in the occurrence of significant effects identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.

The City Council finds and determines that its approval of the proposed project would result in one significant adverse environmental effect that cannot be avoided because of the absence of project design features or mitigation that would reduce Impact 5-1, Conflict with CEQA Guidelines Section 15064.3 by Exceeding the Applicable Threshold for VMT, to less than significant.

This impact is both individually and cumulatively significant. In light of the considerations described below, this City Council chooses to approve the proposed project because in its view, the benefits resulting from the proposed project will render the significant VMT impact acceptable. Each of the overriding considerations set forth below constitutes a separate and independent ground for finding that the benefits of the proposed project outweigh its significant adverse environmental effects and is an overriding consideration warranting approval.

Findings Regarding the Proposed Project and Statement of Overriding Considerations
The City finds and determines that the benefits of the proposed project are sufficient to make a finding that the environmental effect that is not reduced to a level of less than significant is acceptable and justify the adoption of a Statement of Overriding Considerations. The following Findings cite substantial evidence in the record and state the City of Soledad’s specific reasoning (CEQA Guidelines Section 15093(b).). The record materials cited in Section IX are representative of materials in the record; additional evidence in the record supports these findings. In the event that any finding is declared unenforceable or inadequate as a matter of law, such finding will be considered deleted, and the remaining findings shall remain in full force and effect.

The proposed project as set forth in the City’s Findings would feasibly and inclusively achieve all of the specific economic, legal, social, technological, or other benefits identified below. In accordance with CEQA Guidelines Section 15093, the City Council finds that the benefits of the proposed project outweigh the unavoidable adverse environmental effects that would result from its implementation, and that the adverse environmental effect listed above is considered acceptable, for the specific reasons set forth below:
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 The project is consistent with General Plan land use and zoning designations for the project site;  The project implements the Housing Element by providing residential uses, including multifamily housing at a density considered to meet affordable housing criteria, and including smalllot/unit size single-family residential units considered to be affordable by design. Both product types are in high demand in Soledad, with the latter type particularly beneficial for its affordability to moderate income buyers.
 The project is proposed on an infill parcel, which yields benefits that include:
• Efficient use of existing water, sewer and transportation infrastructure; • Reduced pressure to convert agricultural land at the margins of the city to urban residential uses to meet the City’s Regional Housing Needs Assessment requirements; and • Reduces vehicle trip length and associated transportation source criteria air emissions and GHGs relative to growth at the margins of the city.
 The project site is located on a new MST bus route, which may help reduce vehicle trip volume with the co-benefit of reducing transportation-source air emissions and GHGs. As a condition to consult with MST, the project may include constructing a new bus stop that could further enhance transit use by project and nearby residents.

Benefits of the Proposed Project Outweigh the Potentially Significant Environmental Impacts
The proposed project is located in a rural setting with a limited transit network, a discontinuous pedestrian network, and in an area of the city where a mixed-use project would be inconsistent with the land use designation for the site adjoining land uses. This locational and land use context makes it challenging for any substantially single-family residential project in Soledad that is consistent with the General Plan to achieve a 15 percent reduction in average VMT/capita. The benefits of the project as discussed here are, therefore, set against the backdrop that its significant and unavoidable VMT impact is not likely to be unique to the proposed project. It is possible that any future predominantly lower-density residential project proposed in Soledad could result in a significant unavoidable VMT impact.

As set forth above, the proposed project provides significant benefits to the City and the community of Soledad as a whole. The City Council has weighed the benefits of the proposed project against the significant and unavoidable impacts of the proposed project identified in the Final EIR and listed above. The City Council hereby determines that the benefits of the proposed project outweigh the adverse VMT impact of the proposed project, and further determines that the significant and unavoidable VMT impact is acceptable.
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Accordingly, the City Council adopts the Statement of Overriding Considerations, recognizing that a significant and unavoidable impact will result from implementation of the proposed project. Having adopted all feasible mitigation measures as discussed in the Draft EIR, Final EIR, and Findings; rejected infeasible alternatives to the proposed project as discussed in the Draft and Final EIR, the Findings, and this Statement of Overriding Considerations; and recognized the significant and unavoidable impact of the proposed project, the City Council hereby finds that each of the separate benefits of the proposed project, as stated herein, is determined to be unto itself an overriding consideration, independent of other benefits, that warrants approval of the proposed project and outweighs and overrides its significant and unavoidable impact, and thereby justifies the approval of the proposed project.

VIII. Mitigation Monitoring and Reporting Program
The City Council recognizes that any approval of the proposed project requires adoption and implementation of a Mitigation Monitoring and Reporting Program (MMRP), which ensures performance of identified mitigation measures. The MMRP must identify the entity responsible for monitoring and implementation, and the timing of such activities. The City will use the MMRP to track compliance with proposed project mitigation measures. The MMRP will remain available for public review during the compliance period. The City Council will also be asked to adopt the MMRP after project approval.

IX. Record of the Proceedings
The documents and other materials that constitute the record of proceedings on which the City Council bases the Findings are located at the City of Soledad Community and Economic Development Department office, 248 Main Street Soledad, California 93960. The custodian for these documents and materials that constitute the record is the City of Soledad Community and Economic Development Director’s office. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and Title 14 California Code of Regulations (CEQA Guidelines) Section 15091(e).

The environmental analysis provided in the Final EIR and these findings are based on and are supported by the following documents, materials and other evidence, which constitute the administrative record for the approval of the project:

A. All project plans and materials for the project.

B. The NOP, comments received on the NOP, as well as the initial study attached to the NOP, and all other public notices issued by the City in relation to the Draft and Final EIR (e.g., Notice of Availability).
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C. The Draft EIR, the Final EIR, all appendices to any part of the Final EIR; all technical materials; plans; comment letters; and responses to comments.

D. All non-draft and/or non-confidential reports and memoranda prepared by the City and consultants related to the Final EIR, its analysis and findings.

E. Minutes and transcripts of the discussions regarding the project and/or project components at public hearings held by the Planning Commission and/or City Council.

F. Staff reports associated with Planning Commission and/or City Council meetings on the project and supporting technical memoranda and any letters or other material submitted into the record by any party.

G. Matters of common knowledge to the Planning Commission and/or City Council which they consider, such as the City of Soledad General Plan and City of Soledad General Plan EIR. 248
Mitigation Monitoring and Reporting Program 1 EMC Planning Group Almond Acres EIR November 2025
Mitigation Monitoring and Reporting Program

1.1 Introduction
CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects.

The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures.

A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented.

1.2 Monitoring and Reporting Program
This monitoring program incorporates the mitigation measures included in the project environmental impact report and the initial study attached to the environmental impact report. The mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. The mitigation measures will be conditions of project approval, which the project proponent is required to complete before, during and after project implementation.

The attached checklist is a tool to be used for monitoring implementation of the mitigation measures. The checklist contains all mitigation measures in the environmental impact report and the initial study attached to the environmental impact report.

1.3 Monitoring and Reporting Program Procedures
The City of Soledad shall use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows:

Exhibit C
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1. The Soledad Community and Economic Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Soledad Community and Economic Development Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures.

2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Soledad Community and Economic Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Soledad Community and Economic Development Department.

3. The Soledad Community and Economic Development Department will review the checklist to ensure that appropriate mitigation measures have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc.

4. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Soledad Community and Economic Development Department, describing the noncompliance and requiring compliance within a specified period of time. If non-compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Soledad.

1.4 Monitoring and Reporting Checklist
Step 1 - Prior to Issuance of Demolition or Tree Removal Permits BIO-1 Special-Status Bat Species. The following measures shall be implemented to avoid loss of or harm to special-status bat species:

1. Prior to issuance of tree removal, demolition, and grading permits, approximately 14 days prior to tree removal or any construction activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees or buildings within 50 feet of the construction easement. These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit.

Potential roosting features found during the survey shall be flagged or marked. 250
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2. If no roosting sites or bats are found, a letter report shall be prepared by the biologist and submitted to City of Soledad, where it shall be kept on file, and no further measures are required.

3. If bats or roosting sites are found, bats shall not be disturbed without specific notice to and consultation with California Department of Fish and Wildlife.

4. The nursery season is typically from May 1 to October 1. If bats are found roosting outside of the nursery season, California Department of Fish and Wildlife shall be consulted prior to any eviction or other action. If avoidance or postponement is not feasible, a Bat Eviction Plan shall be submitted to California Department of Fish and Wildlife for written approval prior to project implementation. A request to evict bats from a roost includes details for excluding bats from the roost site and monitoring to ensure that all bats have exited the roost prior to the start of activity and are unable to re-enter the roost until activity is completed. Any bat eviction shall be timed to avoid lactation and young-rearing. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season.

Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the California Department of Fish and Wildlife) shall be established around the roosting site within which no construction activities including tree removal or structure disturbance shall occur until after the nursery season.

Party Responsible for Implementation: Applicant/Project Developer Party Responsible for Monitoring: Soledad Community and Economic Development Department Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ BIO-2 Worker Environmental Awareness Program. Prior to the project commencement, a qualified biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of special-status species potentially occurring in the project vicinity, including, but not limited to roosting bats and nesting birds. Their habitats, general measures that are being implemented to conserve species as they relate to the project, and the boundaries within which construction activities will 251
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occur will be explained. Informational handouts with photographs clearly illustrating the species’ appearances shall be used in the training session. All new construction personnel shall undergo this mandatory environmental awareness training. The project applicant shall document evidence of completion of this training by a letter report prepared by the biologist and submitted to the City of Soledad, where it will be kept on file.

Party Responsible for Implementation: Applicant/Project Developer Party Responsible for Monitoring: Soledad Community and Economic Development Department Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ BIO-3 Nesting Birds. To avoid impacts to nesting birds during the nesting season (January 15 through September 15), all construction activities should be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys.

1. Two surveys for active bird nests will occur within 14 days prior to start of ground disturbance, with the final survey conducted within 48 hours prior to ground disturbance. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys will be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. If no nesting birds are found, a letter report confirming absence will be prepared and submitted to the City of Soledad and no further mitigation is required.

2. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g., defensive flights and vocalizations, standing 252
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up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Once the absence of nesting birds has been confirmed, a letter report will be prepared and submitted to the City of Soledad.

Party Responsible for Implementation: Applicant/Project Developer Party Responsible for Monitoring: Soledad Community and Economic Development Department Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ HAZ-1 Asbestos and Lead-Based Paint Survey Report. The project developer shall conduct an Asbestos and Lead-Based Paint Survey Report on the existing single-family home at 315 Orchard Lane prior to its demolition to identify the potential presence of asbestos and lead-based paint. The survey report shall be submitted for review and approval by the City Building and Safety Division prior to issuance of a demolition permit. The survey report shall include, but is not limited to:
 Visual inspection;
 Collection of samples;
 Testing of samples;
 Consolidating data and findings into a written report; and  Recommendations provided, as necessary.

If no asbestos or lead-based paint is detected, demolition of the single-family home may commence with no additional precautions. If asbestos and/or lead-based paint is detected, the recommendations provided within the survey report shall be implemented.

Party Responsible for Implementation: Applicant/Project Developer Party Responsible for Monitoring: Soledad Building and Safety Division 253
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Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ N-1 The following best management practices shall be applied during project construction.

The management practices shall be included in all construction documents, subject to review and approval by the City Engineer, prior to issuance of a demolition or grading permit:
 Per the City of Soledad Municipal Code, construction activities shall not occur outside the hours of 7:00 AM to 6:00 PM;
 All construction equipment shall be properly maintained and muffled as to minimize noise generation at the source;
 Noise‐producing equipment shall not be operating, running, or idling while not in immediate use;
 All noise‐producing construction equipment shall be located and operated, to the extent possible, at the greatest possible distance from any noise‐sensitive land uses;  Locate construction staging areas, to the extent possible, at the greatest possible distances from any noise‐sensitive land uses; and
 Signs shall be posted at the construction site and near adjacent sensitive receptors displaying hours of construction activities and providing the contact phone number of a noise disturbance coordinator to be identified by the construction contractor.

The coordinator shall be responsible for addressing construction noise issues that may be raised by residents or other affected parties. Concerns that cannot be resolved by the coordinator may then be raised with the Community and Economic Development Director, who has final authority to resolve such concerns.

Party Responsible for Implementation: Applicant/Project Developer Party Responsible for Monitoring: Soledad Engineer
Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ 254
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Step 2 - Prior to Issuance of a Grading Permit
AQ-1 The applicant shall prepare a construction management plan that shall specify best management practices for reducing toxic air contaminants from diesel powered equipment used during construction activities. The plan shall include the following measures, which shall be included in all bid documents, grading and construction plans and implemented by the project contractor during construction. a. Heavy-duty diesel vehicles will have 2010 or newer model year engines, in compliance with the California Air Resources Board’s Truck and Bus Regulation, and will not be staged within 500 feet of occupied residences. b. Idling of construction equipment and heavy-duty diesel trucks will be avoided where feasible, and if idling is necessary, it will not exceed three minutes. c. All construction equipment will be maintained and properly tuned in accordance with manufacturer’s specifications and will be checked by a certified visible emissions evaluator.
d. All non-road diesel construction equipment will, at a minimum, meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part 89, Subpart B, §89.112. Further, where feasible, construction equipment will use alternative fuels such as compressed natural gas, propane, electricity or biodiesel.

Party Responsible for Implementation: Applicant/Project Developer Party Responsible for Monitoring: Soledad Director of Public Works Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ GEO-1 The following language shall be included on all grading permits: “If paleontological resources are discovered during demolition and earthmoving activities, work shall stop within 100 feet of the find until a qualified paleontologist can assess if the find is unique and, if necessary, develop appropriate treatment measures in consultation with the City of Soledad Community and Economic Development Department.” Party Responsible for Implementation: Applicant/Project Developer Party Responsible for Monitoring: Soledad Community and Economic Development Department 255
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Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ Step 3 – During Ground-Disturbing Activities
CUL-1 In the event that archaeological resources are encountered during ground disturbing activities, the contractor shall temporarily halt or divert excavations within a 50 meter (165 feet) of the find until it can be evaluated. All potentially significant archaeological deposits shall be evaluated to demonstrate whether the resource is eligible for inclusion on the California Register of Historic Resources, even if discovered during construction.

If archaeological deposits are encountered, they will be evaluated and mitigated simultaneously in the timeliest manner practicable, allowing for recovery of materials and data by standard archaeological procedures. For prehistoric archaeological sites, this data recovery involves the hand‐excavated recovery and non‐destructive analysis of a small sample of the deposit. Historic resources shall also be sampled through hand excavation, though architectural features may require careful mechanical exposure and hand excavation.

Any previously undiscovered resources found during construction activities shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance by a qualified Archaeologist. Significant cultural resources consist of but are not limited to stone, bone, glass, ceramics, fossils, wood, or shell artifacts, or features including hearths, structural remains, or historic dumpsites.

Party Responsible for Implementation: Applicant/Project Developer Party Responsible for Monitoring: Soledad Community and Economic Development Department Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ CUL-2 In the event that human remains (or remains that may be human) are discovered at the project site, Public Resource Code Section 5097.98 must be followed. All grading or earthmoving activities shall immediately stop within 50 meters (165 feet) of the find. The 256
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Monterey County Coroner will be notified immediately, and the coroner shall be permitted to examine the remains as required by California Health and Safety Code Section 7050.5(b).

Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American. If human remains are determined as those of Native American origin, the project proponent shall comply with the state relating to the disposition of Native American burials that fall within the jurisdiction of the NAHC (Public Resource Code [PRC] § 5097). The coroner shall contact the Native American Heritage Commission (NAHC) to determine the most likely descendant(s) (MLD). The MLD shall complete his or her inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site. The MLD will determine the most appropriate means of treating the human remains and associated grave artifacts, and shall oversee the disposition of the remains. In the event the NAHC is unable to identify an MLD or the MLD fails to make a recommendation within 48 hours after being granted access to the site, the landowner or his/her authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity within the project area in a location not subject to further subsurface disturbance if: a) the Native American Heritage Commission is unable to identify the MLD or the MLD failed to make a recommendation within 48 hours after being allowed access to the site; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.

Party Responsible for Implementation: Applicant/Project Developer Party Responsible for Monitoring: Soledad Community and Economic Development Department Monitoring Notes:
______________________________________________________________ ______________________________________________________________ ______________________________________________________________ 257
ORDINANCE NO. 781

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLEDAD

ANNOUNCING FINDINGS AND APPROVING A PLANNED UNIT DEVELOPMENT (PUD-24002) AND VESTING TENTATIVE SUBDIVISION MAP (TM-24003) FOR A

12.48-ACRE SUBDIVISION LOCATED ON THE WEST SIDE OF ORDCHARD LANE AND CEDAR LANE (APN 022-281-005) IN THE R-1 ZONING DISTRICT WHEREAS, the applicant, “Nino Homes LLC” has submitted applications for Planned Unit Development (PUD-24002) and Vesting Tentative Subdivision Map (TM-24003) for the Almond Acres Subdivision (“Project”), located on approximately 12.48 acres on the west side of Orchard Lane between Cedar Lane and Calle Valverde (APN 022-281-005); and WHEREAS, the proposed project includes approximately 55 single-family residential units, a 12-unit affordable multi-family housing component located on Parcel B, retention of an existing 18-unit mobile home park on Parcel A, stormwater improvements on Parcel C, internal roadway improvements, utility infrastructure, and associated site improvements; and WHEREAS, the proposed Vesting Tentative Subdivision Map would subdivide the property into residential lots, infrastructure parcels, roadway improvements, and related public and private improvements necessary to serve the development; and WHEREAS, the Planned Unit Development is requested to allow flexibility in site planning, lot configuration, housing types, setbacks, and development standards in accordance with the intent of the Soledad Municipal Code, including SMC §17.38.230; and WHEREAS, the proposed Planned Unit Development and Vesting Tentative Subdivision Map includes the Parcel B as a multi-family housing component to facilitate the development of a 12-unit affordable housing project consistent with the City’s inclusionary housing requirements and Housing Element goals; and
WHEREAS, the proposed project is an appropriate site for future residential and affordable housing development due to its infill location, access to existing infrastructure, proximity to schools, parks, public transportation, and community services, and the proposed project advances the City’s efforts to provide housing opportunities for a range of income levels; and
WHEREAS, the project has been reviewed for consistency with the City’s General Plan, Zoning Ordinance, Subdivision Ordinance, and applicable development standards related to circulation, utilities, drainage, grading, parking, open space, emergency access, and compatibility with surrounding land uses; and
WHEREAS, the City of Soledad, as Lead Agency under the California Environmental Quality Act (“CEQA”), prepared an Initial Study for the project, which identified potentially significant impacts associated with the project; and
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WHEREAS, with implementation of mitigation measures, all impacts identified in the Initial Study were determined to be less than significant except for vehicle miles traveled (‘VMT”), which was determined to be significant and unavoidable; and WHEREAS, a Focused Environmental Impact Report (“EIR”) (SCH# 2025030381) was prepared to analyze VMT impacts, project alternatives, and feasible mitigation measures in accordance with CEQA and the State CEQA Guidelines; and WHEREAS, a Notice of Preparation (“NOP”) was circulated on March 10, 2025, for a 30- day public review period ending April 10, 2025, and the Draft EIR was subsequently circulated for a 45-day public review period from June 27, 2025, through August 11, 2025; and WHEREAS, the Final EIR includes the Draft EIR, all technical appendices, comments received during the public review period, and written responses to comments, and does not identify any significant new information requiring recirculation pursuant to CEQA Guidelines Section 15088.5; and
WHEREAS, the Final EIR concludes that the project would result in a significant and unavoidable VMT impact that cannot be fully mitigated, thereby requiring adoption of CEQA Findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (MMRP); and
WHEREAS, on June 1, 2026, during a Special Planning Commission meeting, the Planning Commission conducted a duly noticed public hearing on the proposed project and reviewed the staff report, Final EIR, project plans, proposed findings, conditions of approval, and all supporting documentation; and
WHEREAS, the Planning Commission recommended that the City Council certify the Final EIR and approve the associated project entitlements; and WHEREAS, the City Council held a duly noticed public hearing on June 17, 2026, at which it considered the Final EIR, CEQA Findings, Statement of Overriding Considerations, MMRP, project plans, staff report, public testimony, and all documentary evidence submitted for the Almond Acres Project; and
WHEREAS, by Resolution No. 6375, the City Council certified the Final EIR (SCH# 2025030381) and adopted the associated CEQA Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Almond Acres Project; and
WHEREAS, the City Council conducted a subsequent duly noticed public hearing on July 1, 2026, for formal consideration and adoption of this ordinance approving Planned Unit Development (PUD-24002) and Vesting Tentative Subdivision Map (TM-24003).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLEDAD DOES ORDAIN AS FOLLOWS:
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Section 1. Environmental Review
The City Council has certified the Final Environmental Impact Report (SCH# 2025030381) and adopted the associated CEQA Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program pursuant to Resolution No. 6375.

Section 2. Planned Unit Development Approval (PUD-24002) The City Council hereby approves Planned Unit Development (PUD-24002), as shown on “Exhibit B”, is hereby approved, subject to the Conditions of Approval included in “Exhibit A”.

The City Council finds that the Planned Unit Development:
 Promotes efficient land use and coordinated site planning;  Provides a mix of housing opportunities, including affordable housing;  Ensures adequate infrastructure, circulation, and emergency access;  Is compatible with surrounding residential and institutional uses; and  Advances the housing and planning goals of the City.

Section 3. Vesting Tentative Subdivision Map (TM-24003) The City Council hereby approves Vesting Tentative Subdivision Map (TM-24003), as shown in “Exhibit C”, subject to the Conditions of Approval included as “Exhibit A”, finding that the proposed subdivision is consistent with the City’s General Plan, Subdivision Ordinance, and applicable provisions of the Soledad Municipal Code. The proposed map provides for orderly development of the site through coordinated lot design, roadway circulation, utility infrastructure, drainage improvements, and public access, while supporting the development of residential housing consistent with the goals and policies of the City.

Section 4. Conditions of Approval
The project shall be subject to all Conditions of Approval included in “Exhibit A”, which are necessary to ensure compliance with applicable City standards related to zoning, subdivision design, infrastructure, circulation, parking, landscaping, drainage, utilities, and public safety.

Section 5. Severability
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any one or more portions be declared invalid or unconstitutional.

Section 5. Effective Date.

This ordinance shall take effect and be in force 30 days after its adoption, and a summary of this ordinance shall be published once with the names of the 260
members of the council voting for and against the ordinance in a newspaper of general circulation in the City of Soledad.

PASSED AND ADOPTED by the City Council of the City of Soledad at a duly noticed public hearing held on ____________
AYES, and in favor thereof Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
________________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
________________________________
MEGAN HUNTER, City Clerk
Exhibits
A- Conditions of Approval
B- Planned Unit Development Entitlement Packet
C- Vesting Tentative Map Packet
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EXHIBIT A

PLANNED DEVELOPMENT PERMIT AND VESTING TENTATIVE MAP

CITY OF SOLEDAD

APPROVAL DATE AND REFERENCE
PUD-24002 & TM-24003
PERMIT NOS.

APN: 022-281-005
ASSESSOR’S PARCEL NO.

Planned Development Permit No. PUD-24002 and TM-24003 authorizing the Planned Unit Development (PUD) and Vesting Tentative Subdivision Map (TM-24003) for the 12.48-acre “Almond Acres” project located on the west side of Orchard Lane and Cedar Lane (APN 022- 281-005), consistent with the Soledad Municipal Code. The project proposes 55 single-family homes and a 12-unit multi-family inclusionary housing complex, while retaining the existing 18-unit mobile home park. The PUD also includes a proposed multi-family component within the development. A Focused Environmental Impact Report has been prepared in accordance with the California Environmental Quality Act (CEQA), which identifies significant Vehicle Miles Traveled (VMT) impacts that require adoption of CEQA findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program certified and adopted through Resolution No. 6375.

FINDINGS:

Section 1: General Plan Consistency
A. The proposed project is consistent with the City of Soledad General Plan:

1. The project site is designated as “Single Family Residential” on the General Plan Land Use Plan Map and the proposed project uses are consistent and within the allowable density range: General Plan and Zoning Ordinance, provisions 4-16 and Section 17.14.040, respectively.

2. The project site is designated as a planned unit development, the project using the development standard flexibility allowed per the City’s Planned Unit Development regulations to maximize compatibility of new development with existing adjacent land uses. The City’s Planned Unit Development regulations to enable developing a portion of the site as multi-family residential (senior/affordable housing) to meet the City’s inclusionary housing requirements 262

CONDITIONS OF APPROVAL
TSM NO. 2024-03
PUD NO. 2024-02

and deliver housing in critical need;

3. The project is consistent with the Circulation Element of the General Plan – the project site location has convenient and improved access from Orchard Lane, an improved public street in the City of Soledad;

4. The project is consistent with General Plan policies promoting the provision of safe and decent affordable multi-family housing; and

5. Conditions of approval require design adherence to appropriate Community Design Guideline and Standards, and the proposed site plan and buildings, as conditioned, have been found to be in substantial conformance with said provisions.

Section 2: Planned Development Ordinance
The proposed use is consistent with the City of Soledad Planned Unit Development (SMC §17.38.230):

1. Population Density: The project calculates density on gross acreage, less public streets, and proposes a unit count consistent with the R-1 and R-3 Residential Density standards.

2. Utilities: The project has adequate public sewer and water services, and all infrastructure is designed to meet City requirements for water and sewer systems, allowing the City to access and maintain them.

3. Design Compatibility: The project design as proposed, including building placement, setbacks, height, architecture, off-street parking, open space, screening, and landscaping, ensures compatibility with existing and planned adjacent uses. Off-street parking is provided per SMC §17.36.020 and integrated to minimize impacts on neighboring properties.

4. Maintenance of Common Areas: The applicant has committed to perpetual maintenance of all common land and facilities through a mechanism acceptable to the City.

5. Conservation of Natural Features: Natural site features, including topography, vegetation, and watercourses, are considered in the project design to minimize environmental impacts.

6. Energy and Sustainability: As conditioned, energy conservation measures and use of renewable energy sources are incorporated where feasible. 263

CONDITIONS OF APPROVAL
TSM NO. 2024-03
PUD NO. 2024-02

7. Streets and Circulation: Streets serving the development provide adequate circulation for residents, visitors, and emergency vehicles. As conditioned, on-street parking on the cul-de-sacs will be prohibited to maintain emergency access.

8. Common Open Space: The project provides accessible and usable common open space and leverages proximity to Orchard Lane Park, Rotary Park, and other recreation centers to enhance recreational opportunities.

Section 3: Zoning Ordinance Consistency
A. The proposed use is consistent with the City of Soledad Zoning Ordinance:

1. The project site is primarily zoned R-1 (Single-Family Residential District), and the proposed single-family residential component is consistent with the permitted uses and density standards of the district.

2. The proposed subdivision and Planned Unit Development include the rezoning of Parcel B from the R-1 zoning district to the R-3 (Residential High Density) zoning district to facilitate the development of a 12-unit multi-family affordable housing component. The proposed rezoning is consistent with the City’s Housing Element goals and supports the development of affordable housing on a site identified for future residential development.

3. The proposed site plan, as conditioned, complies with the applicable development standards of the R-1 and R-3 zoning districts. Requested modifications to lot configuration, setbacks, open space, and related development standards are permitted through the Planned Unit Development process and support a cohesive and efficient residential neighborhood design.

B. The establishment of the use on the site will not be detrimental to the health, safety, comfort, convenience, or general welfare of persons residing or working in the neighborhood, or detrimental to property and improvements in the neighborhood, or to the general welfare of the city, because:

1. The proposed project, as conditioned, is compatible with the surrounding mix of residential uses and will promote and further the achievement of community design standards for small lot Single- Family Dwellings and Multi-Family Residential Development;

2. The site has adequate services including water, sanitary sewer and storm drainage;

3. The subject project is located on a designated arterial street designed to accommodate the type of infill development as proposed and will have no significant effect in the area;

4. The facility has adequate on-site parking adequately screened from view of 264

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surrounding residential areas;

5. No nuisance-causing uses, or uses generating unusual noise, odor, light or vibration or otherwise detrimental to the neighborhood are authorized by this permit.

D. The proposed Planned Development Permit has been processed per the City's Zoning Ordinance requirements per Chapter 17.42 to wit:

1. An application has been received and accepted by the Planning Department for processing.

2. A Public Hearing Notice was published in the Salinas Californian on April 29, 2026 and public notices were mailed to all property owners within a 300-foot radius of the subject property. Hearing notices were posted at City Hall in accordance with Government Code.

THE FOLLOWING APPROVAL REQUIREMENTS AND ANY SPECIAL CONDITIONS SHALL BE APPLIED THROUGH THE DEVELOPMENT APPROVAL PROCESS.

PROJECT MITIGATION MEASURES
The Project Proponent shall be subject to compliance with the mitigation measures of the project’s adopted Mitigation Monitoring and Reporting Program. The following measures shall be included with all building permit, grading, or improvement plans.

Air Quality

1. MM AQ-1: The applicant shall prepare a construction management plan that shall specify best management practices for reducing toxic air contaminants from diesel powered equipment used during construction activities. The plan shall include the following measures, which shall be included in all bid documents, grading and construction plans and implemented by the project contractor during construction. a. Heavy-duty diesel vehicles will have 2010 or newer model year engines, in compliance with the California Air Resources Board’s Truck and Bus Regulation, and will not be staged within 500 feet of occupied residences; b. Idling of construction equipment and heavy-duty diesel trucks will be avoided where feasible, and if idling is necessary, it will not exceed three minutes; c. All construction equipment will be maintained and properly tuned in accordance with manufacturer’s specifications and will be checked by a certified visible emissions evaluator; and,
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d. All non-road diesel construction equipment will, at a minimum, meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part 89, Subpart B, §89.112. Further, where feasible, construction equipment will use alternative fuels such as compressed natural gas, propane, electricity or biodiesel.

Biological Resources

2. MM BIO-1: Special-Status Bat Species. The following measures shall be implemented to avoid loss of or harm to special-status bat species:
a. Prior to issuance of tree removal, demolition, and grading permits, approximately 14 days prior to tree removal or any construction activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees or buildings within 50 feet of the construction easement. These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit.

Potential roosting features found during the survey shall be flagged or marked; b. If no roosting sites or bats are found, a letter report shall be prepared by the biologist and submitted to City of Soledad, where it shall be kept on file, and no further measures are required;
c. If bats or roosting sites are found, bats shall not be disturbed without specific notice to and consultation with California Department of Fish and Wildlife; and, d. The nursery season is typically from May 1 to October 1. If bats are found roosting outside of the nursery season, California Department of Fish and Wildlife shall be consulted prior to any eviction or other action. If avoidance or postponement is not feasible, a Bat Eviction Plan shall be submitted to California Department of Fish and Wildlife for written approval prior to project implementation. A request to evict bats from a roost includes details for excluding bats from the roost site and monitoring to ensure that all bats have exited the roost prior to the start of activity and are unable to re-enter the roost until activity is completed. Any bat eviction shall be timed to avoid lactation and young-rearing.

If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost is present, a 50-foot 266

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buffer zone (or different size if determined in consultation with the California Department of Fish and Wildlife) shall be established around the roosting site within which no construction activities including tree removal or structure disturbance shall occur until after the nursery season.

3. MM BIO-2: Worker Environmental Awareness Program. Prior to the project commencement, a qualified biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of special-status species potentially occurring in the project vicinity, including, but not limited to roosting bats and nesting birds. Their habitats, general measures that are being implemented to conserve species as they relate to the project, and the boundaries within which construction activities will occur will be explained. Informational handouts with photographs clearly illustrating the species’ appearances shall be used in the training session. All new construction personnel shall undergo this mandatory environmental awareness training. The project applicant shall document evidence of completion of this training by a letter report prepared by the biologist and submitted to the City of Soledad, where it will be kept on file.

4. MM BIO-3: Nesting Birds. To avoid impacts to nesting birds during the nesting season (January 15 through September 15), all construction activities should be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys.
a. Two surveys for active bird nests will occur within 14 days prior to start of ground disturbance, with the final survey conducted within 48 hours prior to ground disturbance. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys will be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. If no nesting birds are found, a letter report confirming absence will be prepared and submitted to the City of Soledad and no further mitigation is required; and, b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if 267

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birds show signs of unusual or distressed behavior (e.g., defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Once the absence of nesting birds has been confirmed, a letter report will be prepared and submitted to the City of Soledad.

Cultural Resources

5. MM CUL-1: In the event that archaeological resources are encountered during ground disturbing activities, the contractor shall temporarily halt or divert excavations within 50 meters (165 feet) of the find until it can be evaluated. All potentially significant archaeological deposits shall be evaluated to demonstrate whether the resource is eligible for inclusion on the California Register of Historic Resources, even if discovered during construction. If archaeological deposits are encountered, they will be evaluated and mitigated simultaneously in the timeliest manner practicable, allowing for recovery of materials and data by standard archaeological procedures. For prehistoric archaeological sites, this data recovery involves the hand‐excavated recovery and non‐destructive analysis of a small sample of the deposit. Historic resources shall also be sampled through hand excavation, though architectural features may require careful mechanical exposure and hand excavation.

Any previously undiscovered resources found during construction activities shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance by a qualified Archaeologist. Significant cultural resources consist of but are not limited to stone, bone, glass, ceramics, fossils, wood, or shell artifacts, or features including hearths, structural remains, or historic dumpsites.

6. MM CUL-2: In the event that human remains (or remains that may be human) are discovered at the project site, the provisions of Public Resource Code Section 5097.98 must be followed. All grading or earthmoving activities shall immediately stop within 50 meters (165 feet) of the find. The Monterey County Coroner will be notified immediately, and the coroner shall be permitted to examine the remains as required by California Health and Safety Code Section 7050.5(b).

Section 7050.5 requires that excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American. If human remains are determined as those of Native American origin, the Applicant shall comply with the state relating to the disposition of Native American burials that fall within the jurisdiction of the NAHC (Public Resource Code [PRC] § 5097). The coroner shall contact the Native American Heritage Commission (NAHC) to determine the most likely descendant(s) (MLD). The MLD shall complete his or her inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site. The MLD will determine the most appropriate means 268

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of treating the human remains and associated grave artifacts, and shall oversee the disposition of the remains. In the event the NAHC is unable to identify an MLD or the MLD fails to make a recommendation within 48 hours after being granted access to the site, the landowner or his/her authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity within the project area in a location not subject to further subsurface disturbance if: a) the Native American Heritage Commission is unable to identify the MLD or the MLD failed to make a recommendation within 48 hours after being allowed access to the site; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.

Geology and Soils

7. MM GEO-1: The following language shall be included on all grading permits: “If paleontological resources are discovered during demolition and earthmoving activities, work shall stop within 100 feet of the find until a qualified paleontologist can assess if the find is unique and, if necessary, develop appropriate treatment measures in consultation with the City of Soledad Community and Economic Development Department.”
Hazards and Hazardous Materials

8. MM HAZ-1: Asbestos and Lead-Based Paint Survey Report. The project developer shall conduct an Asbestos and Lead-Based Paint Survey Report on the existing singlefamily homes at 315 Orchard Lane prior to its demolition to identify the potential presence of asbestos and lead-based paint. The survey report shall be submitted for review and approval by the City Building and Safety Division prior to issuance of a demolition permit. The survey report shall include, but is not limited to:
 Visual inspection;
 Collection of samples;
 Testing of samples;
 Consolidating data and findings into a written report; and  Recommendations provided, as necessary.

If no asbestos or lead-based paint is detected, demolition of the single-family home may commence with no additional precautions. If asbestos and/or lead-based paint is detected, the recommendations provided within the survey report shall be implemented prior to or simultaneously with demolition.

Noise

9. MM N-1: The following best management practices shall be applied during project construction. The management practices shall be included in all construction documents, subject to review and approval by the City Engineer, prior to issuance of a demolition or grading permit:
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 Per the City of Soledad Municipal Code, construction activities shall not occur outside the hours of 7:00 AM to 6:00 PM, Monday through Friday;  All construction equipment shall be properly maintained and muffled as to minimize noise generation at the source;
 Noise‐producing equipment shall not be operating, running, or idling while not in immediate use;
 All noise‐producing construction equipment shall be located and operated, to the extent possible, at the greatest possible distance from any noise‐sensitive land uses;  Locate construction staging areas, to the extent possible, at the greatest possible distances from any noise‐sensitive land uses; and
 Signs shall be posted at the construction site and near adjacent sensitive receptors displaying hours of construction activities and providing the contact phone number of a noise disturbance coordinator to be identified by the construction contractor.

The coordinator shall be responsible for addressing construction noise issues that may be raised by residents or other affected parties. Concerns that cannot be resolved by the coordinator may then be raised with the Community and Economic Development Director, who has final authority to resolve such concerns.

CONDITIONS OF APPROVAL

STANDARD CONDITIONS

1. Hold Harmless and Indemnification. Applicant/Project Developer shall indemnify and hold harmless the City, its elective and appointive boards, commissions, officers, agents and employees from all damages, injuries, claims and any and all liability and costs arising from or about the site or in connection with the conduct of business thereon.

Applicant/Owner agrees to, and shall, defend City, its elective and appointive boards, commissions, officers, agents and employees, from any suits or actions at law or equity from damages caused, or alleged to have been caused, by reason of the aforesaid design, construction and uses of the involved site pursuant to this Use Permit. Except as provided above, the terms of this paragraph shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of the aforesaid design or operations referred to herein, regardless of whether or not City has prepared, supplied or approved of plans and or specifications for use of the proposed site. To the extent that Applicant is required to indemnify and hold harmless the parties listed above, it shall have the right to control the litigation, including but not limited to contracting for counsel of its choice, and accepting or rejecting any settlement offer.

2. VTM Term. The Vesting Tentative Subdivision Map approval granted pursuant to this Resolution and shown in Exhibit C, shall remain in effect for two years to July 1, 2028.

Failure to apply for a Final Map approval with the City Engineer within this term shall result in expiration of approval unless an extension of time is granted by the Community Development Department prior to the expiration date. The expiration of the tentative map shall terminate all proceedings, and no final map of all or any portion of the real property 270

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shall be filed without first processing a new tentative map. Extensions of time shall be considered pursuant to the City of Soledad Subdivision Ordinance and the State Subdivision Map Act.

3. Final Map Requirement and Dedications. The Project Developer shall prepare, process, and record a Final Map in compliance with the California Subdivision Map Act and Title 16 of the Soledad Municipal Code. The Final Map shall include any dedication to the City of Soledad of all required public rights-of-way and easements, including but not limited to: Public streets and associated sidewalks, parkways, and landscaping areas; Public utility easements (PUEs) for water, sewer, storm drainage, electrical, and other utilities; Pedestrian access easements and/or open space easements as shown on the tentative map; and any additional easements determined necessary by the City Engineer or Public Works Director. No building permits shall be issued, and no lots shall be sold or transferred, until the Final Map has been approved by the City Engineer and recorded with the Monterey County Recorder.

4. Tentative Map Improvements Only Conceptual. The Project Developer agrees that the improvements shown on the tentative map are only conceptual and that the final configuration of the improvements will be determined during review and approval of the final map, improvement plans, and supporting design calculations reviewed by the City, or other agents of the City, before recordation of the final map. All improvements as described in Chapter 16.24 of the Soledad Municipal Code, and as required by these conditions and any subsequent improvement agreement or development agreement, shall be designed and installed to the satisfaction of the City. With the exception of landscaping plans, all improvements shall be designed by a Civil Engineer licensed in the State of California. The City reserves the right to make changes to the Project to comply with public health and safety requirements and any Federal, State and local regulations and requirements.

5. Subdivision Improvement Agreement. The Project Developer shall enter into a subdivision improvement agreement with the City prior to approval of the final subdivision map for the Project. Said agreement shall set forth the necessary public service improvements to serve the proposed project, including grading, street improvements, temporary secondary access, water service, sewer service and storm drainage, refuse collection service, gas, electric, telephone and cable services, and any other necessary appurtenances and/or services, and shall include provisions requiring security for performance and materials and labor associated with said improvements in accordance with Government Code Sections 66499-66499.10. All security shall be in the amount to cover 100 percent of the cost of such improvements, based on an engineer’s estimate provided to the City by the Project Developer, plus an amount necessary for the guarantee and warranty of the work for a period of one year following completion and acceptance of said improvements.
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6. Conditions to Run with the Land. The terms and conditions of this approval shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee.

7. Mitigation Monitoring Plan. The Project Proponent shall be responsible for carrying out all duties set forth in the mitigation monitoring program adopted for the proposed project. The Project Proponent’s compliance with said mitigation monitoring program shall be subject to review and approval by those agencies and officials designated in the program. The mitigation monitoring program is attached hereto as Exhibit “B” and is made a part of these conditions by reference.

8. Applicability to Site. This permit approval applies only to the physical site, structures and uses shown on the site plans and architectural drawings submitted by Nino Development dated June 2024 attached hereto as Exhibit B, which are made a part of this permit except as may be modified by these conditions. Notwithstanding this requirement, minor changes in site design and elevations from those shown on the approved site plan may be made, subject to review and approval of modified site plan by the City Community Development Director or designee.

9. Completion of Infrastructure Improvements. All infrastructure improvements required to serve the development pursuant to these conditions and City standards (e.g., streets, sidewalks, fire hydrant(s), storm drainage, sanitary sewer, water, undergrounding of gas, electric, telephone and cable, utilities, landscaping and other improvements and appurtenances) shall be designed and installed or constructed to the satisfaction of the City prior to the issuance of any building permit(s) or certificate of occupancy, as applicable. Landscaping shall be installed by the Project Developer and inspected and approved by the City and/or by the Planning Department, prior to occupancy.

10. Offers of Dedication. Any offers of dedication, and bonding or other financial security, or development agreement(s) concerning same and as specified in the project conditions below shall be prepared by the Project Developer, and reviewed as to form, accuracy, and sufficiency by the City Attorney.

11. Compliance with Project Conditions. All project conditions as set forth herein shall be placed on the top sheet of the building plan sets for all building construction on the project site. Unless otherwise provided for as a project condition to this use permit, all conditions must be completed to the satisfaction of the City prior to issuance of a certificate of occupancy and commencement of the activities allowed by this permit.

12. Code Compliance. All construction, improvements and uses shall be in accordance with zoning, building, fire, and all other codes and ordinances of the City of Soledad or agencies that have regulatory jurisdiction over the project. All such requirements shall be met and any outstanding fees paid prior to issuance of a certificate of occupancy, except 272

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for those items agreed to by the owner and the Building Official.

13. Grounds for Permit Revocation. Failure to establish the use authorized by this Permit within two years from the date of issuance, unless otherwise extended, shall be grounds for revocation of this Permit. Failure to comply with the conditions specified herein as the basis for approval of this application and issuance of this approval constitutes cause for the revocation of the Permit in accordance with the procedures set forth in the Soledad Municipal Code Section 17.42.070.

14. Cost Reimbursement. The Project Developer shall reimburse the City of Soledad for all engineering, inspection, legal, and administrative expenses incurred or to be incurred by the City in connection with this development, including expenses incurred through the use of outside consultants and additional inspectors, where necessary. At the time of submission of improvement plans for the project, the Project Developer shall continue a Reimbursement Agreement and deposit not less than twenty thousand dollars ($25,000) into a developer account set up by the City for the purpose of providing the City with said reimbursement. The City shall account to Project Developer for all expenses for which reimbursement is claimed, providing copies of all back-up materials promptly, and shall return any portion of said deposit in excess of the actual amount of expenses incurred. If, in the judgment of the Community and Economic Development Director or designee, it appears that the amount deposited shall not be sufficient to cover all expenses, Project Developer shall, within fifteen (15) days after written request from City, make an additional deposit of funds in an amount determined by the Director to be sufficient to make up the deficiency. At no time after submission of improvement plans shall the balance of the deposit fund be less than five thousand dollars ($5,000). The need for the maintenance of this account shall cease upon compliance with all project conditions and code requirements.

PLANNING DIVISION

PROJECT-SPECIFIC PLANNING CONDITIONS

15. Affordability Covenants. The development shall satisfy the inclusionary affordable housing requirements set forth in SMC Title 17, Zoning-Chapter 17.41- Inclusionary Housing and the City’s Housing Element. Developer has initially proposed to satisfy these requirements by dedicating Parcel B, as identified on the VTM, for the development of a 12-unit multi-family affordable housing rental project. Key requirements of this proposal would include, but are not limited to construction of at least twelve (12) 100% affordable multifamily units designated for moderate, very low, or low income households , developed concurrently with market rate units, and preparation, execution and recordation of an Affordable Housing Agreement, approved by the City Council, prior to the issuance of any building permit for the project. City will not issue certificates of occupancy for any unit in the entire project until Developer has demonstrated compliance with the Affordable Housing Agreement. However, modifications to timing requirements for the project may 273

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be considered by City in order to accommodate the needs of an involved affordable housing developer. In the event Developer’s development plans for Parcel B do not come to fruition, Developer shall not be relieved of its obligation to comply with SMC Title 17, Zoning-Chapter 17.41- Inclusionary Housing and the City’s Housing Element.

16. Final Site Development Plans: Final site development plans for the single-family residential development shall be reviewed for conformance with PUD24-02 and in accordance with the City of Soledad Municipal Code and approved by the Community and Economic Development Director prior to issuance of a building permit.

17. Architectural Relief for Same Plan. When the same plan is repeated along a street, acceptable architectural treatments will be employed to give the appearance of at least three different designs, and front yard setbacks will be varied, to the extent feasible in compliance with City regulations, to provide a more pleasing and attractive appearance to the neighborhood. Provisions include but are not limited to, driveways will be located on the side of the lot farthest from the intersection if the lot is a corner lot. The pairing of driveways (i.e., Siamese driveways) shall be avoided whenever possible.

18. Architectural Design Approval. Construction drawings submitted for building permit approval shall include architectural elevations with the design detail noted on the elevation sketches included as part of Exhibit B as modified by these conditions. Drawings shall show all proposed exterior lighting fixtures. A building permit application will not be accepted by the City unless building plans include a site plan and elevations with sufficient design detail for review and approval by the City Building Official and/or Public Works Director (or Designee).

19. Minor Architectural Changes. Following Architectural Design Approval by the Planning Commission, minor site plan or architectural changes may be approved by the Community & Economic Development Director or designee.

20. Site Plan Review: Prior to issuance of a building permit for the 12-unit, Multi-family Affordable Housing site (Parcel B), a Site Plan Review application shall be submitted to and approved by the Community and Economic Development Director in accordance with Chapter 17.44 (Site Plan Review) of the Soledad Municipal Code.

21. Planting and irrigation working drawings: Detailed landscape planting and irrigation working drawings shall be submitted to the Community and Economic Development Director for approval prior to issuance of a building permit. Landscape plans for streets and landscape easements shall be part of the improvement plan submittal. All landscaping and irrigation working drawings shall comply with Chapter 15.10 (Landscape) of the Soledad Municipal Code and shall include the following:
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a. Landscaped areas of the subdivision shall include common areas, pedestrian corridors, intersections, entrances, as denoted on the tentative map and residential front yards.
b. Landscaping plans shall also require the installation of street trees along all street frontages.
c. All landscaping appurtenant to the development shall be installed, complete and accepted by the City prior to final City acceptance of the subdivision. All landscaping, not including grass or turf or similar plantings, shall be underlain by weed control fabric acceptable to the City. All landscaped areas shall be maintained free of weeds, trash and debris, and all plant material shall be continuously maintained in a healthy, growing condition.
d. All front yards of all lots shall be landscaped at the time of construction and shall utilize low water use “xeriscape” landscaping as defined by the City of Soledad Water Conservation Ordinance. Turf grass shall be limited to a maximum of 15 percent of the entire landscape for all lots. Turf area may be increased to 25 percent of the entire landscape if a drought-tolerate species is used.

22. Street Trees. Each residential lot shall have at least one street tree (two per corner lot) planted in the public right-of-way, in accordance with City standards. All landscaped areas shall be maintained free of weeds, trash and debris and all plant material shall be continuously maintained in a healthy growing condition. Automatic irrigation systems shall be installed for landscaping that can be seen from the public right-of-way. Prior to occupancy, the Project Proponent shall complete all landscaping. All planting areas not consisting of turf or grass shall be underlain by weed control fabric acceptable to the City.

23. Walls. The Project Proponent shall provide wall locations depicted on the final improvement plans. The final improvement plans shall show a masonry wall consistent with the existing wall on Orchard Lane. The design of all walls and relevant landscaping shall remain consistent and shall be designed to be attractive and create visual interest. The final subdivision map and final improvement plans shall be reviewed and approved by the City Public Works Director and CityEngineer prior to the recordation of the finalsubdivision map. The Project Proponentshall use its best efforts to obtain permission from the adjacent property owners to install the required walls and fences on the common property line (with wall pilasters extending into each owner’s respective property as necessary) and shall provide conforms from side yard fences to the new fences/walls. Architectural plans showing all wallsshall be submitted for review and approval before the construction of said walls, before building permit issuance.
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perimeter, street-frontage, and common area fencing. All fencing and walls within the subdivision shall be constructed in substantial conformance with the approved Vesting Tentative Map, improvement plans, and applicable provisions of the City of Soledad Municipal Code. Prior to issuance of building permits, the applicant shall submit a fencing and wall plan for review and approval by the Planning Department and City Engineer, identifying locations, heights, and materials.

Fencing and walls shall be designed to ensure adequate sight distance and public safety, as determined by the City Engineer, and shall use durable materials consistent with the approved project design. Chain-link fencing shall not be permitted along public street frontages or pedestrian pathways, except for temporary construction purposes with City approval.

All required fencing and walls shall be installed consistent with the approved phasing plan, and no occupancy shall be granted for any phase until required fencing for that phase is installed or secured to the satisfaction of the City Engineer and Planning Director.

PUBLIC WORKS - ENGINEERING DIVISION

PROJECT-SPECIFIC ENGINEERING CONDITIONS

24. Final Map: The Project Proponent shall have a Final Map prepared by a registered engineer or licensed land surveyor delineating all parcels and easements created. There shall be concurrence in writing by PG & E, Telephone, Cable TV and any other affected agencies to all improvements and easements which are applicable to them. The number and locations of monuments shall be set as required by the City Engineer. The project final map shall be approved by the City Council and recorded before issuance of a grading permit.

25. Encroachment Permit and Right-of-Way Improvements. An encroachment permit shall be obtained from the City for any construction work that will be performed within the public right-of-way, and a contractor licensed in the State of California shall be responsible for construction of any such future work. Any improvements in the public right of way shall be designed by a Civil Engineer licensed in the State of California and installed to the satisfaction of the Public Works Director or City Engineer.

26. Engineering Studies/Calculations. All engineering design work, including, but not limited to, design of storm sewers and appurtenances, sanitary sewers and appurtenances, storm drainage facilities, and water systems and appurtenances; street improvements and sidewalks, including geometrics, sight distances, lighting, retaining walls, signing and striping; and landscape irrigation and appurtenances, shall be supported by applicable engineering studies/calculations completed by a licensed civil engineer or qualified licensed professional in the State of California, subject to the review and approval of the 276

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City.

27. Improvement Plans: The Project Proponent shall submit as part of the improvement plans for the project, profiles of all improvements in the subdivision and typical cross-sections of all streets and details of curbs, gutters, and sidewalks, to be accomplished to the satisfaction of the City Engineer prior to submittal of Final Map. Improvement plans are to show water lines, sanitary sewer, storm drain system, pavement widths, curve radius, and existing utilities.
a. The Vesting Tentative Map shall be designed to include and permanently reserve a pedestrian pathway(s) that provides direct, safe, and continuous connections between the project site and adjacent and surrounding neighborhoods. The pedestrian pathway shall be shown on the Tentative Map, shall connect to existing or planned public rights-of-way, sidewalks, or pedestrian facilities at the project boundaries, and shall be configured to promote pedestrian permeability through the site where feasible. Prior to approval of the Final Map, the applicant shall demonstrate to the satisfaction of the City Engineer and Planning Department that the pedestrian pathway has been adequately designed for public use, meets applicable ADA accessibility requirements, and includes appropriate easements or dedications to ensure long-term public access and maintenance responsibility, as required by the City.

28. Timing of Infrastructure Installation. All subdivision improvement infrastructure required to serve the development shall be in place prior to occupancy of any homes. The main water system shall be in place, operational, and subject to use approved by the City prior to the beginning of combustible construction or other arrangements made acceptable to the Fire Chief and Fire Marshall for adequate fire protection. Additionally, all-weather emergency access shall be in place prior to the issuance of building permits for the project.

29. Street Frontage Improvements. The Project Developer shall be responsible for constructing any improvements to Orchard Lane along the project frontage needed to accommodate project traffic.

30. Condemnation Costs. Unless otherwise specified, the Project Proponent shall be responsible and agreesto pay all land costs and related legal fees should it be necessary for the City to use its condemnation powers to obtain land that is under separate ownership or leasehold in order to implement the conditions of project approval contained herein.

31. Subdivision Guarantee. The Project Proponent shall submit a subdivision guarantee disclosing any and all easements, deed restrictions, dedications, and changes in ownership in a form acceptable to the City Staff. The subdivision guarantee and tax clearance letter shall be submitted and approved by the City Engineer prior to approval of the final subdivision map by the City Council.
277

CONDITIONS OF APPROVAL
TSM NO. 2024-03
PUD NO. 2024-02

32. Geotechnical Investigation. All recommendations identified in the geotechnical investigation of the project site prepared for the site, and supplements thereto, shall be incorporated into improvement plans for the proposed project and shall be reviewed and approved by the City Public Works Director and City Engineer prior to recordation of the final subdivision map.

33. Geotechnical Engineer on Site Monitoring. A qualified professional geotechnical engineer shall perform on-site monitoring of all grading and excavation activities on the project site. Evidence of an agreement with a geotechnical engineer shall be submitted for review and approval of the City Public Works Director and City Engineer prior to commencement of any grading activities or any underground work. The geotechnical engineer shall submit evidence that grading and excavation were performed consistent with the recommendations of the geotechnical investigation. Evidence shall be submitted prior to issuance of building permits for each individual lot.

34. Dust Control. The Project Proponent shall be required to prepare and submit a Dust Emission Control Plan for Project Grading. The Plan shall require that contractor work specifications shall include provisions for adequate water to be applied during construction in order to control dust disturbance resulting from grading operations. The Plan and related contractor work specifications shall be reviewed and approved by the City prior to issuance of a grading permit. Dust control measures shall be applied in accordance with all ordinances, rules and regulations of the Monterey County Water Resources Agency regarding use of reclaimed or other sub-potable water for compaction or dust control purposes. Additionally, the Plan will be reviewed to assure compliance with applicable air quality programs, such as those related to particulate emissions, overseen by the Monterey Bay Unified Air Pollution Control District, and for compliance with the City’s obligations under the City’s Storm Water Quality Ordinance.

STORM DRAIN SYSTEM

35. Required Onsite/Offsite Improvements. Proposed onsite and off-site improvements shall be constructed in conformance with applicable City of Soledad Design Standards and Specifications to the satisfaction of the Public Works Director and as further stipulated herein:
a. Storm Water Management. In accordance with the provisions of Chapter 13.52 of the Soledad Municipal Code, a storm water permit shall be obtained prior to the issuance of any grading or building permit for the project. The proposed project shall comply with the most recent Phase II Municipal Separate Storm Sewer System (MS4) General Permit (Order No. 2013-0001-DWQ) and the PostConstruction Stormwater Management Requirements for Development Projects in the Central Coast Region (Resolution No. R3-2013-0032). 278

CONDITIONS OF APPROVAL
TSM NO. 2024-03
PUD NO. 2024-02

Due to the project type and size for development, a Storm Water Pollution Prevention Plan (SWPPP) will need to be prepared and proper documentation submitted to the State Water Board to register under the Construction General Permit. This will cover the full development site so another SWPPP will not need to be required for Phase 2 Development. The applicant is required to provide a Waste Discharge Identification (WDID) number prior to issuance of a grading permit.

A Stormwater Control Plan (SCP) shall be prepared to document the PostConstruction Stormwater Control Measures (SCMs). The SCP must include an Operation and Maintenance (O&M) Plan that addresses the maintenance procedures and intervals for each SCM and identifies the responsible party to conduct maintenance. If applicable, a maintenance covenant will be required to ensure on-going maintenance for the life of the facility. The covenant shall include, at a minimum:
- The project owner’s signed statement accepting responsibility for the O&M of the installed onsite and/or offsite structural treatment and flow control SCMs until such responsibility is legally transferred to another entity; and either
- Written conditions in the sales or lease agreements or deed for the project that require the buyer or lessee to assume responsibility for the O&M of the onsite and/or offsite structural treatment and flow control SCM until such responsibility is legally transferred to another entity; or - Any other legally enforceable agreement or mechanism, such as recordation in the property deed, that assigns responsibility for the O&M of the onsite and/or offsite structural treatment and flow control SCM to the project owner(s) or the City.
- The proposed project must be designed to not increase the peak flow to the downstream system. Therefore, a drainage report will need to be prepared demonstrating compliance. Refer to the City’s Design Standards and Standard Specifications for the specific flood control requirements. - During construction, the Project Developer shall conform to the City’s pollution prevention requirementsfor construction contracts, including but not limited to, proper clean-up and disposal of spills, regular maintenance of all construction vehicles and heavy equipment, and proper storage of stockpiled materials, chemicals, paints, etc.
b. Storm Drainage Improvements. Project Developer shall prepare and implement a storm drainage improvement plan supported by storm drain calculations, consistent with the requirements of the 2008 Public Works Design Standards and Chapter 13.52 of the Soledad Municipal Code—Storm Water Quality. All drainage improvements shall be constructed consistent with the improvement plan as approved by the City, and Project Developer shall be responsible for the 279

CONDITIONS OF APPROVAL
TSM NO. 2024-03
PUD NO. 2024-02

continued maintenance of onsite drainage facilities consistent with the Soledad Municipal Code.
- Prior to approval of Improvement plans, the applicant shall revise the stormwater control facility design to demonstrate compliance with applicable City of Soledad and Central Coast Regional Water Quality Control Board Stormwater requirements. Submittal shall identify the facility type and shall provide supporting calculations demonstrating the facility achieves drawdown time within 72 hours as well as meeting all other applicable stormwater requirements
c. Water Mains and Appurtenances. Project Developer shall construct adequate onsite water system improvements for commercial, fire and landscape irrigation purposes in accordance with Public Works Design Standards and Fire Code fire flow requirements. The water system shall be looped and water meters clustered wherever possible on-site to serve each use. Back-flow preventers on the State Approved List shall be installed where required by the City Engineer. d. Sanitary Sewer Improvements. Project Developer shall construct the necessary connections to the existing sanitary sewer system within the project frontages in accordance with the Public Works Design Standards. In addition, a clean-out shall be installed at the street right-of-way for each connection to the City’s sewer mains.

PUBLIC IMPROVEMENT REQUIREMENTS
Water System

36. Water Mains and Appurtenances. The Project Proponent shall cause the design and construction to be undertaken of a domestic water system to the satisfaction of the City Engineer. The water system improvements shall be constructed within public easements or street rights-of-way to the satisfaction of the City Engineer and dedicated to the City. a. Water main sizes shall be determined by the City through modification of the Citywide water model and shall provide 40 pounds per square inch minimum residual pressure with a fire demand at any fire hydrant of 2,500 gallons per minute; b. The Project Proponent shall reimburse the City for any and all costs for water main sizing and water model/system map modifications; and,
c. The Project Proponent shall provide meter box lids suitable for installation of automatic meter reading sensors and shall pay the additional cost for remote reading meters over and above the current hook-up fee for regular water meters.

37. Water Meters. The Project Proponent shall provide separate water services and meters for 280

CONDITIONS OF APPROVAL
TSM NO. 2024-03
PUD NO. 2024-02

each lot. These shall be installed by the developer.

Sanitary Sewer System

38. Design of Sewer Improvements. The Project Proponent shall cause to be undertaken the design and construction of sanitary sewer improvements including but not limited to installation of sewer line extension on the proposed public street(s) or private street(s)/drive aisle(s). The sanitary collection system shall include but not be limited to manholes with manhole frames and covers, cleanouts, wye-branches and laterals, and separate sewer taps to each lot. These are to be installed by the developer.

39. Sewer Connection. All existing and future sewer lines shall be tied into the City’s system and existing septic systems shall be abandoned in accordance with City requirements.

40. Under-Grounding Utilities. All new utilities on the project site, and associated with the proposed subdivision, including gas, electricity, telephone, cable T.V. and electrical transformers, shall be placed underground. All existing overhead utilities adjacent to any site boundary or along any street frontage of the site shall be placed underground in accordance with City standards and affected utility company guidelines.

41. Street Lights. Street light plans shall be submitted and approved prior to issuance of a building permit. Street lights shall be installed in a number and at locations sufficient to provide adequate lighting levels for public safety as determined by the City Engineer and the Public Works Director prior to occupancy.

42. Engineering Studies/Calculations. All engineering design, including, but not limited to storm sewers and appurtenances, sanitary sewers and appurtenances, streets including but not limited to geometrics, sight distances, lighting and sound walls, water systems and appurtenances, signing and striping, landscaping and appurtenances, shall be supported by applicable engineering studies/calculations and any changes to the tentative map due to the findings and subsequent review of these studies/calculations shall be incorporated into the final plans subject to the review and approval of the City Engineer and Director of Public Works.

43. Damages to Existing Facilities. Prior to commencement of any grading or other subdivision improvements, the Project Proponent shall provide proposed trucking routes for all equipment and material deliveries. The City shall video document the routes to establish preconstruction conditions. The Project Proponent shall repair or replace any public improvements damaged by Proponent’s operations.

44. As-Built Infrastructure Costs. The Project Proponent shall provide City with an estimate of “as- built” costs of infrastructure improvements that meet GASB 34 compliance requirements, before final acceptance of the subdivision by the City. 281

CONDITIONS OF APPROVAL
TSM NO. 2024-03
PUD NO. 2024-02

TRAFFIC/CIRCULATION DEDICATION AND IMPROVEMENTS

45. Street Improvements. All street improvements shall comply with the Americans with Disabilities Act (ADA) and City standards. The Project Proponent shall evaluate traffic safety impacts associated with project access to the public right-of-way, including ingress and egress points. Documentation prepared, signed, and stamped by a California Registered Traffic Engineer shall be provided, identifying any required traffic safety or traffic control improvements. Required improvements may include, but are not limited to, signage, striping, curb regulations (including red curb/daylighting), intersection control measures, and improvements necessary to support safe pedestrian access and mobility.

Such improvements may extend beyond the project frontage where necessary to address project-related impacts, subject to review and approval by the City Engineer. All improvements shall conform to the most current edition of the Manual on Uniform Traffic Control Devices (MUTCD), applicable State regulations, including California Assembly Bill 413 (AB 413), and City standards. If no improvements are recommended, the Traffic Engineer shall provide written confirmation. The Project shall also comply with the City of Soledad Public Works Requirements for any additional applicable conditions.

FEES AND MITIGATION FEE ACT

46. Impact Mitigation Fees and Funding of Public Improvements Maintenance. The Project Developer shall pay all applicable impact fees, including but not limited to water, sanitary sewer, storm drainage, parks, public safety (police and fire), general government, and local and regional transportation (TAMC) fees, in accordance with the fee schedules established by ordinance or resolution and in effect at the time of approval of the VTM.

All required fees, per unit, shall be paid in full on the date of final inspection or on the date a certificate of occupancy is issued, whichever occurs later.

47. Parks and Open Space Maintenance Assessment District. The Project Proponent and the City shall work together to establish an identified parks and open spaces maintenance assessment district for the maintenance, operation and servicing of public improvements, including landscaping. To the extent allowed by law, the district shall include maintenance and operation of all public amenities of benefit to the future residents of the project site, including but not limited to public landscaping and irrigation improvements on adjacent parks, landscaped strips of land adjacent to curbs, planter walls, retention ponds and bank protection, appurtenant irrigation systems, ornamental plantings including lawns,shrubs, and trees, including necessary repairs, replacements, water, electric current, spraying, care, supervision, debris removal and any and all other items of work necessary and incidental for the proper maintenance and operation thereof. The park and open space maintenance district shall be established prior to recordation of the final subdivision map for the proposed project.
282

CONDITIONS OF APPROVAL
TSM NO. 2024-03
PUD NO. 2024-02

48. Benefit Assessment District. The Project Proponent and the City shall work together to establish a benefit assessment district for public areas of the project site provided for community benefit. To the extent allowed by law, the benefit assessment district shall include maintenance and operation of all public amenities of benefit to the future residents of the project site, including but not limited to sweeping, street lights, street striping, lighting costs, storm drain lines, cleaning, repairs, replacement, electric current, supervision, debris removal and any and all other items of work necessary and incidental for the proper maintenance and operation thereof, retention basins and percolation ponds, common on-site landscaping, on-site fences and walls, and streetlights. The benefit assessment district shall be established prior to recordation of the final subdivision map of the proposed project.

49. Improvement Assessment District. An improvement assessment district shall be formed by the City, to fund public improvements required to be provided to serve the project.

Mutual agreement shall be reached by the Project Proponent, and the City, as to the improvements to be included and those improvements shall be deemed eligible in accordance with all applicable laws.

BUILDING DIVISION

PROJECT SPECIFIC CONDITIONS

50. California Building Standards Code. All construction shall be in accordance with the provisions of the California Building Standards Code, as set forth in Tittle 24 of the California Code of Regulations, subject to any modifications thereto set forth in the Soledad Municipal Code, in effect at the time of construction.

51. Earthquake Resistance. All structures shall be designed and constructed to resist a major earthquake as required by the latest edition of the California Building Standards Code . All recommendations regarding seismic concerns identified in the geotechnical investigation prepared for the site, and supplements thereto, shall be incorporated into the final building and improvement plans for the proposed project. The final map shall be approved, and the final improvement plans shall have received City approval prior to issuance of a grading permit.

FIRE DIVISION

PROJECT SPECIFIC CONDITIONS

52. Automatic Fire Sprinklers. The Project Proponent shall submit plans for review and approval of the Fire Marshall and shall install automatic fire sprinklers in all units in accordance with the provisions of Chapter 15.08 (Adoption of California Building Code ) of the Soledad Municipal Code.
283

CONDITIONS OF APPROVAL
TSM NO. 2024-03
PUD NO. 2024-02

53. Fire Hydrants. The Project Proponent shall install fire hydrants pursuant to City specifications, and according to the requirements of the California Fire Code. Fire hydrant locations shall be approved by the Fire chief, Public Works Director and City Engineer. The curb/curb and gutter 7.5 feet each side of the centerline of the proposed hydrants shall be constructed utilizing integral red colored concrete. All hydrants shall be painted “Neon Grass” and all visible components between the fire hydrant and fire hydrant concrete pad shall be painted flat black, unless otherwise directed by the City.

54. No Parking Allowed. The Project Proponent shall indicate within the improvement plans that the cul-de-sacs will be appropriately marked for “NO Parking”. All “NO Parking" striping, as required by the Fire chief shall be installed prior to certificate of occupancy.

I hereby declare under penalty of perjury that I have read the foregoing conditions and that they are, in fact, the conditions which were imposed upon the granting of this permit. I agree to abide fully by these conditions.
__________________________________ _____________________________ Applicant Signature Date
____________________________________
______________________________
Community Development Director Date
NOTE: Issuance of this Permit does not waive obtaining any applicable Building Permits before starting construction or initiating the use, nor does it waive any other applicable requirements of law.
284
June 19, 2024
City of Soledad
Planning Division
248 Main St.

Soledad, CA 93960
Re: Application for Almond Acres to be a Planned Development Dear Kao Nou:

Using the application information provided, this is our application for a Planned Development for Nino Homes at Almond Acres
Justification:

The plan for Almond Acres is to build 55 single family homes and a 12-unit multi-family inclusionary housing complex. The existing 18-unit Mobile Home Park will stay intact.

There will be four plans varying in size from 1,201 to 1,900 square feet: two single story layouts and two two-story plans with two elevations for each plan. They will have three to four bedrooms with two or three baths. We will use a variety of materials on the exteriors including batt and board, shutters, iron work and brick. We use 12 designer selected paint standards. Our designer specs the color application for each house individually so very few homes will look the same. Our standard interior finishes include carpet, vinyl, and LVP flooring with wood cabinets, granite counters in the kitchen and cultured marble in the baths. Solar panels to be installed for purchase or lease with each home.

This Planned Development permit includes the request for inclusion of 12 units of rental affordable housing to be located on the 0.38-acre Parcel C of the Vesting Tentative Map. This component of the project, which has been previously reviewed by the City Council Ad-Hoc Housing Subcommittee, has specifically been designed to result in a benefit to the community to maximize the affordable housing opportunities on the property and would result in the construction of new for-rent housing, which has been severely underbuilt in the City of Soledad over the last 25 years and remains a great need.

The lot sizes and setbacks for the single-family units are similar to what was used at the recent Liberty Court project and is consistent with the principles of promoting affordability by design that current State housing policy and the City of Soledad have consistently encouraged in building at the higher end of the allowed density range. In order to continue to provide this specific housing type to more families in Soledad, the development is requesting the following necessary deviations to the strict subdivision standards for the following items:
• Lot Size: The minimum lot size is 3,825 square feet.
• Lot Width: Minimum of 45 feet in width, 85 feet in depth Exhibit B
285
• Setbacks: 15' Front porch/dwelling setbacks, 15' rear setback, 10' side street setback • Maximum Lot Coverage: 50% lot coverage
• Minimum Backyard: 650 square feet minimum
Open space – 0.41 Acre Detention Basin
Plan Set
The Tentative Map plan is included with this application which is our Master Plan for the Development. The applications are running simultaneously.

We would like to defer the Site/Improvement Plans until there is a decision on the lot sizes/standard lot deviations.

Architectural Elevations will be included with the final plans for approval. We have included artist’s renderings of the front elevations and Preliminary Floor Plans.

Preliminary Landscape/Grading/Drainage plans to be deferred until there is a decision on the lot sizes/standard lot deviations.

Tree Protection plan –not applicable.

Color Board is included with our 12 Paint schemes. We use a three-color exterior system on our homes. Each lot receives individual paint callouts with a mix two of the color and then an accent color – very few homes will have the same callouts. Roof color are included. Exterior Light fixtures to be determined.

Public Hearing Notification Materials.

The Assessor’s Information, stamped envelopes and property owner’s list have been included with the Tentative Map application.
286
287
288
289
54x44
54x44
54x44 ORCHARD LANE
STUDIO
398 SF.

STUDIO
398 SF.

STUDIO
398 SF.
1 BR.
549 SF.
1 BR.
549 SF.
1 BR.
549 SF.

A1.1

SITE PLAN
2333
07/13/2024
THE P

PARTNERSHIP AUL DAVIS ARCHITECTS &PLANNERS
The Paul Davis Partnership, LLP
286 Eldorado Street
Monterey, CA 93940
(831) 373-2784 FAX (831) 373-7459
EMAIL: [email protected]
ML

SOLEDAD, CA
CHISPA
Almond Acres
Soledad Housing
Apartments

S I T E P L A N
SCALE: 1" = 10'-0"
SCALE: 1" = 10'-0" 0 5 10 20
NORTH
Z:\Projects\Projects 2023\2333_CHISPA Soledad Almond Acres\Plot sheets\A1.1.dwg, 8/8/2024 8:06:22 AM, achua 290
3'-812" 9'-0" 20'-0" 25'-0" 20'-0" 6 8

DRIVEWAY
266.56' 84.02' R50.0'
TRASH ORCHARD LANE 13'-1112" 11'-012"
STUDIO
398 SF.

STUDIO
398 SF.

STUDIO
398 SF.
1 BR.
549 SF.
1 BR.
549 SF.
1 BR.
549 SF.
54x44
54x44
54x44
6" 1
A1.2

SITE PLAN
2333
07/13/2024
THE P

PARTNERSHIP AUL DAVIS ARCHITECTS &PLANNERS
The Paul Davis Partnership, LLP
286 Eldorado Street
Monterey, CA 93940
(831) 373-2784 FAX (831) 373-7459
EMAIL: [email protected]
ML

SOLEDAD, CA
CHISPA
Almond Acres
Soledad Housing
Apartments
S I T E P L A N - 2 N D. F L O O R
SCALE: 1" = 10'-0"
SCALE: 1" = 10'-0" 0 5 10 20
NORTH

R O O F P L A N
SCALE: 1" = 10'-0"
SCALE: 1" = 10'-0" 0 5 10 20
NORTH
Z:\Projects\Projects 2023\2333_CHISPA Soledad Almond Acres\Plot sheets\A1.2.dwg, 8/8/2024 8:06:23 AM, achua 291
Roof Plate
19'-4 3/4"
1st. Floor
0'-0"
2 nd. Floor
10'-4 3/4"
A3.1

ELEVATIONS
2333
07/13/2024
THE P

PARTNERSHIP AUL DAVIS ARCHITECTS &PLANNERS
The Paul Davis Partnership, LLP
286 Eldorado Street
Monterey, CA 93940
(831) 373-2784 FAX (831) 373-7459
EMAIL: [email protected]
ML

SOLEDAD, CA
CHISPA
Almond Acres
Soledad Housing
Apartments

E L E V A T I O N S
SCALE: 1/8" = 1'-0"
NORTH 0 2 4 8 16
SCALE: 1/8" = 1'-0"

S O U T H E L E V A T I O N S E A S T E L E V A T I O N S

N O R T H E L E V A T I O N S W E S T E L E V A T I O N S Z:\Projects\Projects 2023\2333_CHISPA Soledad Almond Acres\Plot sheets\A3.1.dwg, 8/8/2024 8:06:25 AM, achua 292
Roof Plate
19'-4 3/4"
1st. Floor
0'-0"
2 nd. Floor
10'-4 3/4"
A3.2

SECTIONS
2333
07/13/2024
THE P

PARTNERSHIP AUL DAVIS ARCHITECTS &PLANNERS
The Paul Davis Partnership, LLP
286 Eldorado Street
Monterey, CA 93940
(831) 373-2784 FAX (831) 373-7459
EMAIL: [email protected]
ML

SOLEDAD, CA
CHISPA
Almond Acres
Soledad Housing
Apartments

S E C T I O NS
SCALE: 1/8" = 1'-0" 0 2 4 8 16
SCALE: 1/8" = 1'-0"

S E C T I O N B
S E C T I O N A Z:\Projects\Projects 2023\2333_CHISPA Soledad Almond Acres\Plot sheets\A3.2.dwg, 8/8/2024 8:06:32 AM, achua 293
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300
301
Almond Acres Model 1
All renderings and square footages are Artist’s conceptions and approximate. Final Architectural Plans will detail final elements. 302
Layout of Model 1 3 Bedroom, 2 bath, approximately 1200 sf All renderings and square footages are Artist’s conceptions and approximate. Final Architectural Plans will detail final elements. 303
Almond Acres Model 2
All renderings and square footages are Artist’s conceptions and approximate. Final Architectural Plans will detail final elements. 304
Layout of Model 2 3 Bedroom, 2 bath, approximately 1430 sf All renderings and square footages are Artist’s conceptions and approximate. Final Architectural Plans will detail final elements. 305
Almond Acres Model 3
All renderings and square footages are Artist’s conceptions and approximate. Final Architectural Plans will detail final elements. 306
Layout of Model 3 4 Bedroom, 2.5 bath, approximately 1685 sf All renderings and square footages are Artist’s conceptions and approximate. Final Architectural Plans will detail final elements. 307
Almond Acres Model 4
All renderings and square footages are Artist’s conceptions and approximate. Final Architectural Plans will detail final elements. 308
Layout of Model 4 4 Bedroom, 3 bath, approximately 1900 sf All renderings and square footages are Artist’s conceptions and approximate. Final Architectural Plans will detail final elements. 309
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313
314
315
316
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321
50' PUBLIC STREET TYP. SECTION
CEDAR LANE PUBLIC STREET TYP. SECTION A STREET PUBLIC STREET TYP. SECTION

VESTING TENTATIVE MAP
FOR

ALMOND ACRES

SOLEDAD, CALIFORNIA

GENERAL NOTES

RESIDENTIAL
(55 SFR LOTS)

PURPOSE / USE PARCEL ACREAGE
LOTS 1 - 55 5.31

EX MOBILE HOME PARK PARCEL A

TOTAL TENTATIVE MAP
ACREAGE 12.48

PARCEL SUMMARY

PROJECT DESCRIPTION
SHEET
OF
SCALE:

DRAWN:

JOB No.: SUBMITTAL / REVISION Civil Engineering Land Surveying 6 Harris Court
Monterey, California
831.649.52
whitsonenginers.com
NONE
BDE
4478.01
C-14 VESTING TENTATIVE MAP ALMOND ACRES TITLE SHEET SOLEDAD, CALIFORNIA APN: 022-281-005

NOT FOR CONSTRUCTION
7/12/2024BDE

CITY SUBMITTAL
3/13/2026ML

CITY SUBMITTAL

3.32 APARTMENTS (12 UNITS) PARCEL B 0.38

PARCEL C PUBLIC OPEN SPACE /
STORMWATER FACILITIES 0.41
PUBLIC STREET R/W 3.06

CITY DEDICATION
IN FEE
IN FEE

VICINITY MAP

PROJECT SITE
Exhibit C
322

ORCHARD VILLAS
(VOL 24 - C&T - PG 67)

GABILAN ELEMENTARY
SCHOOL
(VOL 9 - SURV - PG 17)

SOLEDAD MISSION

RECREATION DISTRICT
(VOL 19 - PM - PG 7)

CITY OF SOLEDAD
(VOL 19 - PM - PG 7)

NINO HOMES AT

LIBERTY COURT

SAN VICENTE ELEMENTARY SCHOOL
(VOL 4 - SURV - PG 84)

DIEGO PARK

C A L L E V A L V E R D E
AROMAS
PLACE

CAMBRIA
DRIVE
CADENA

DRIVE O R C H A R D L A N E

EXISTING MOBILE

HOME PARK

CEDAR LANE (PRIVATE)

NINO FAMILY LIMITED

PARTNERSHIP
VOL 4 - SURV - PG 84
APN: 022-281-005
(12.48±AC)
SHEET
OF
SCALE:

DRAWN:

JOB No.: SUBMITTAL / REVISION Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com 1" = 40'
BDE
4478.01
C-24 VESTING TENTATIVE MAP ALMOND ACRES BOUNDARY AND EXISTING CONDITIONS MAP SOLEDAD, CALIFORNIA APN: 022-281-005 NOT FOR CONSTRUCTION 7/12/2024 BDE CITY SUBMITTAL 3/13/2026 ML CITY SUBMITTAL I N E E S ON W E N IT H S G R NOTES: “ ”
323
45 20 21 40
22 23
24 25
26 27
28 29 30
31 32
33 34
35 36
37 38 39
44 41 42
43 46
47 48 49 50
51 52 53
54 55
18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 19
45 40
18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 19
20 21
22 23
24 25
26 27
28 29 30
31 32
33 34
35 36
37 38 39
44 41 42
43 46
47 48 49 50
51 52 53
54 55

ORCHARD VILLAS
(VOL 24 - C&T - PG 67)

GABILAN ELEMENTARY
SCHOOL
(VOL 9 - SURV - PG 17)

SOLEDAD MISSION

RECREATION DISTRICT
(VOL 19 - PM - PG 7)

CITY OF SOLEDAD
(VOL 19 - PM - PG 7)

NINO HOMES AT

LIBERTY COURT

SAN VICENTE ELEMENTARY SCHOOL
(VOL 4 - SURV - PG 84)

PARCEL B

APARTMENTS

0.38 AC

PARCEL C

OPEN SPACE

0.41 AC

DIEGO PARK

C A L L E V A L V E R D E
AROMAS
PLACE

CAMBRIA
DRIVE
CADENA
DRIVE

PARCEL A

MOBILE HOME PARK

3.32 AC

CEDAR LANE

CADENA DRIVE A STREET

C STREET

PEPPER LANE B STREET O R C H A R D L A N E
SHEET
OF
SCALE:

DRAWN:

JOB No.: SUBMITTAL / REVISION Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com 1" = 40'
BDE
4478.01
C-34 VESTING TENTATIVE MAP ALMOND ACRES LOT AND BOUNDARY MAP SOLEDAD, CALIFORNIA APN: 022-281-005 NOT FOR CONSTRUCTION 7/12/2024 BDE CITY SUBMITTAL 3/13/2026 ML CITY SUBMITTAL I N E E S ON W E N IT H S G R 324
45 20 21 40
22 23
24 25
26 27
28 29 30
31 32
33 34
35 36
37 38 39
44 41 42
43 46
47 48 49 50
51 52 53
54 55
18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 19

ORCHARD VILLAS
(VOL 24 - C&T - PG 67)

GABILAN ELEMENTARY
SCHOOL
(VOL 9 - SURV - PG 17)

SOLEDAD MISSION

RECREATION DISTRICT
(VOL 19 - PM - PG 7)

CITY OF SOLEDAD
(VOL 19 - PM - PG 7)

NINO HOMES AT

LIBERTY COURT

SAN VICENTE ELEMENTARY SCHOOL
(VOL 4 - SURV - PG 84)

PARCEL B

DIEGO PARK

C A L L E V A L V E R D E
AROMAS
PLACE

CAMBRIA
DRIVE
CADENA
DRIVE

PARCEL A

MOBILE HOME PARK

3.32 AC

CEDAR LANE

CADENA DRIVE A STREET

C STREET

PEPPER LANE B STREET O R C H A R D L A N E

PARCEL C
SHEET
OF
SCALE:

DRAWN:

JOB No.: SUBMITTAL / REVISION Civil Engineering Land Surveying 6 Harris Court Monterey, California 831.649.5225 whitsonengineers.com 1" = 40'
BDE
4478.01
C-44 VESTING TENTATIVE MAP ALMOND ACRES GRADING AND UTILITY PLAN SOLEDAD, CALIFORNIA APN: 022-281-005 NOT FOR CONSTRUCTION 7/12/2024 BDE CITY SUBMITTAL 3/13/2026 ML CITY SUBMITTAL I N E E S ON W E N IT H S G R 325

ALMOND ACRES

PLANNED UNIT DEVELOPMENT
& VESTING TENTATIVE MAP
City of Soledad
Planning Division
July 1, 2026
326
▪ Planned Unit Development (PUD)
▪ Vesting Tentative Map (VTM)
▪ Creates 55 Single-family Homes
▪ 12 Multi-family Apartments
▪ California Environmental Quality Act
(CEQA)
▪ Certification of Final Environmental Impact
Report (EIR)
▪ Adoption of CEQA Findings
▪ Adoption of Statement of Overriding
Considerations (SOC)
▪ Adoption of Mitigation Monitoring and
Reporting Program (MMRP)

PROJECT

REQUESTS
2 327
PROJECT LOCATION 3
▪ 12.48 Acre Site (APN 022-281-005)
▪ West side of Orchard Lane – between Cedar Lane and Calle Valverde ▪ Vacant/Degraded Infill
Site
▪ Existing 18-unit mobile
home park remains
▪ Existing Single-Family
Home to be demolished
▪ Adjacent to:
▪ Residential
Neighborhoods
▪ Schools
▪ Community Center
▪ Parks
328
4 To Remain
Modulars in Yellow are no
longer on the site
Single Family Home in
Orange to be
Demolished
329
PROPOSED PROJECT 5
Single-Family Component
▪ 55 single-family homes
Affordable Housing Component
▪ Compliance with 20% inclusionary
requirement
▪ 12-unit multi-family affordable housing
project
▪ Parcel B to be created through PUD and
VTM
Existing Uses
▪ Retention of 18-unit mobile home park
Other Improvements
▪ Internal Streets
▪ Stormwater Improvements
▪ Sidewalks & Utilities
330
6 331
SITE PLAN 7
332
8 333
9 334
PROPOSED PROJECT 10
Why a Planned Unit Development (PUD)?
▪ Flexible lot sizes
▪ Coordinated neighborhood design
▪ Integration of affordable housing
▪ Improved circulation and connectivity
▪ Efficient Infill Development
Housing Type Units
Single-Family 55
Multi-Family Affordable 12
Existing Mobile Homes 18
Total 85
335
OPEN SPACE & CONNECTIVITY 11
Open Space and Recreation
Exemption for 100% Affordable Projects
Project Condition for Pedestrian
Path:
▪ Proximity to Orchard Lane Park
▪ Adjacent to Rotary Park
▪ New Pedestrian Connectivity
▪ Access to:
▪ Soledad Community Center
▪ Mission Rec Center
Soledad
Community Center
Mission
Rec Center Rotary Park
336
CIRCULATION AND PARKING 12
The project is
conditioned to
have red curb culde-sacs to help
with Emergency
Vehicle Access
337
CEQA

PROCESS
What is CEQA?
13 California Environmental Quality Act (CEQA)
The purpose of CEQA is to ensure that
environmental impacts are:
▪ Studied
▪ Disclosed to the public
▪ Considered by decision-makers before a
project is approved
For Almond Acres
▪ Initial Study prepared
▪ EIR prepared
▪ Public Review and Agency comments
▪ Mitigation measures incorporated
▪ Statement of Overriding Considerations (SOC)
required due to unavoidable VMT Impacts
City Role
The City of Soledad serves as the Lead Agency
for overseeing the environmental review
process
338
• Under CEQA, if a project has environmental impacts that cannot be fully avoided, the City must evaluate those
impacts along with the project’s overall public benefits before making a final decision
• The Planning Commission and City Council will
independently review the environmental analysis,
mitigation measures, and project benefits before taking action.
• The environmental review evaluated impacts to streets, utilities, and public services.
• The project includes proposed public street and
infrastructure improvements designed to support the
development and connect it to the City’s existing systems. • Based on technical studies and environmental analysis, identified infrastructure impacts are addressed through required improvements, project conditions, or disclosed in the EIR in accordance with CEQA requirements.

CEQA

PROCESS
Environmental
Review
14 339
• Concerns about pedestrian access and
fencing near Almond Acres Mobile Home
Park
• Pedestrian connections are required to
improve neighborhood and park access.
• Fencing will be required, must meet City
standards, and will be reviewed during
final design.
• The project will pay park impact fees to
support local park improvements.

COUNCIL &
PUBLIC

COMMENT
15 340

ALMOND ACRES

PLANNED UNIT DEVELOPMENT
& VESTING TENTATIVE MAP
City of Soledad
Planning Division
Thank you!
341
SUBJECT: Resolution No. 6396, A Resolution of the City Council of the City of Soledad Approving an Agreement with The California Department of Forestry and Fire Protection ("CAL FIRE") for Services From July 1, 2026, to June 30, 2027, at a Not to Exceed Cost of $3,046,207 for the Duration of the Term, and Authorizing the City Manager to Execute Said Agreement on Behalf of the City of Soledad
TO: Honorable Mayor Velazquez and City Council
FROM: Mike Howard, Assistant City Manager
MEETING DATE: July 1, 2026

CITY OF SOLEDAD

STAFF REPORT
THROUGH: Megan Hunter, City Manager
AGENDA ITEM NO. 1.

Recommendation
It is recommended that the City Council adopt Resolution No.6396, "Approving an Agreement with the California Department of Forestry and Fire Protection (“CAL FIRE”) for services from July 1, 2026 to June 30, 2027 at a Not to Exceed Cost of $3,046,207 for the Duration of the Term, and Authorizing the City Manager to Execute said Agreement on Behalf of the City of Soledad." Executive Summary
The City of Soledad has contracted with CAL FIRE since January 2012. CAL FIRE is a modern, fullservice fire protection and emergency management agency that provides comprehensive fire protection to local governments when requested. The current one-year agreement is set to expire on June 30, 2026. CAL FIRE representatives and City staff have been in discussions concerning a new contract for services beginning in late May 2026. While Staff would have preferred to have a new three-year agreement, the increased cost is prohibitive at this time and does not represent a sound fiscal decision until the City is able to secure an additional revenue source to cover the cost of increasing fire staff to the industry standard of 3-0. CAL FIRE has continued to work with the City in light of Measure A not passing at the June 2, 2026, election. The one-year agreement provides the City with continued adequate fire protection services and time to adjust our budget and evaluate potential new funding sources to support fire services.

Background
In the fall of 2011, to address the economic downturn and the continuing structural budget deficits that the City of Soledad faced, City Staff conducted an in-depth review of how to improve the City’s financial situation and condition. This review required consideration of staffing levels, particularly in 342
public safety services and programs. As part of the City’s in-depth review of how to improve the City’s financial situation and condition, staff considered contracting with CAL FIRE for emergency medical and fire protection services. CAL FIRE is a modern, full-service fire protection and emergency management agency that provides comprehensive emergency medical and fire protection services to local governments when requested.

The current one-year contract with CAL FIRE is set to expire on June 30, 2026. Over the past few months Staff has met with CAL FIRE representatives to prepare and assemble the attached Contract with the State of California for continuation of emergency medical and fire protection services. The cooperative agreement is attached hereto for City Council consideration and approval.

Review & Analysis
The City began negotiations with CAL FIRE representatives in May 2026. The proposed one-year agreement would increase staffing to the industry standard of 3-0 staffing by January 2027. With Measure A not passing at the June 2026 election, CAL FIRE has continued to work with the City to secure funding while we move the staffing to the industry standard of 3-0.

Originally, the City was to move to 3-0 staffing on July 1, 2026, with the assumption that the City would have secured a new revenue source for the increase in staffing. With Measure A not passing, the City is now faced with making significant reductions to other services to account for the cost increase for the 3- 0 staffing. CAL FIRE has been a great partner and has agreed to give the City additional time to adjust the City budget and/or find a new revenue source. Therefore, Staff is recommending an additional oneyear agreement to provide time to secure an additional funding source, such as the SAFER (Staffing for Adequate Fire and Emergency Response) Grant Program administered by the Federal Emergency Management Agency (FEMA) to support two additional fire personnel.

The key terms and costs are as follows:

Term One year (1) July 1, 2026 through June 30, 2027
Scope
Emergency fire protection, emergency response and basic life support; dispatch services; management and administration services
Costs Fiscal Year 2026-2027, $3,046,207, 15.5% increase The increase is due to additional Fire Apparatus Engineer positions to meet the CAL FIRE requirements for all contract renewals to achieve at least 3 firefighters per engine (3-0 staf ing standard).

The City of Soledad has a need to provide an important emergency service delivery system within limited resources. Through the attached cooperative agreement with CAL FIRE, the City recognizes the value of a regional approach and solution. By partnering with CAL FIRE and its family of districts in Monterey and San Benito Counties, the City can provide the level of service desired by the community while containing costs.

Financial Considerations
The proposed Agreement represents a 15.5% increase in costs over the previous fiscal year. The primary reason for the increase is a change in personnel staffing with the addition of Fire Apparatus 343
Resolution No. 6396
FY26.27 CAL FIRE Soledad Agreement
CAL FIRE 6 Month Amendment Letter
Engineers. The increase will be built into the new FY 2026-27 budget that will be presented for City Council adoption in August 2027.

When compared to the cost of a stand-alone fire department, the contract with CAL FIRE is still the most cost effective alternative for the City. In 2025, Staff reported the cost of a stand-alone fire department would cost well over $3,500,000 to staff at the 3-0 level and bring a host of additional staff costs in recruiting, workers’ compensation, 911 costs, and pension liability.

In addition, CAL FIRE currently staffs the closest CAL FIRE Station with three personnel twenty-four hours per day, seven days per week. This action provides the City of Soledad with an additional engine for simultaneous calls and a second engine on scene for a reported structure fire.

Strategic Plan Alignment
The approval of the agreement with the California Department of Forestry and Fire Protection (“CAL FIRE”) for services from July 1, 2026 to June 30, 2027, supports strategic goal 6.5 - Maintain Adequately Staffed and Well-Equipped Fire and Emergency Services to Protect Life, and Community Safety.

Alternatives
Adopt the attached Resolution as recommended; or
Do not adopt the Resolution, which is not recommended as it could potentially leave the City with fire protection and emergency services; or
Provide other direction to staff.

Planning/CEQA
Approval of a new service agreement with the California Department of Forestry and Fire Protection is not considered a project for the purposes of CEQA since it has no potential for resulting in either a direct or indirect impact to the environment. (See CEQA Guidelines Section 15378.) Public Notice Requirements
None required.

Attachment(s):
344
RESOLUTION NO. 6396

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLEDAD

APPROVING AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION SERVICES (“CAL FIRE”) FROM JULY 1, 2025 THROUGH JUNE 30, 2026 AT A NOT TO EXCEED COST OF $3,046,207 FOR THE

DURATION OF THE TERM, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF SOLEDAD WHEREAS, the City of Soledad, like many other California cities, is faced with the challenge of providing fire protection and emergency medical services at increasing costs and declining revenues; and
WHEREAS, City Staff conducted a review of how to improve the City’s financial situation and condition and considered ways to reduce its fire protection and emergency medical costs; and
WHEREAS, on August 20, 2025, the City Council adopted Resolution No. 6274, approving an agreement with the California Department of Forestry and Fire Protection Services (“CAL FIRE”) extending the provision of fire protection and emergency medical services; and WHEREAS, on June 30, 2026, said agreement expired; and
WHEREAS, the City of Soledad has had a longstanding partnership with CAL FIRE providing the personnel and expertise to deliver high quality fire protection and emergency medical services expected by the community while leveraging shared regional resources, specialized expertise, and economies of scale to contain costs; and WHEREAS, approval of a new service agreement with the California Department of Forestry and Fire Protection is not considered a project for the purposes of CEQA since it has no potential for resulting in either a direct or indirect impact to the environment. (See CEQA Guidelines Section 15378.).

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Soledad that the “Cooperative Fire Programs Fire Protection Reimbursement Agreement” between the City and California Department of Forestry and Fire Protection (CAL FIRE), a copy of which is attached hereto and by this reference incorporated herein, is hereby approved and the City Manager is hereby authorized and directed to execute the same on behalf of the City of Soledad.

BE IT FURTHER RESOLVED, by the City Council of the City of Soledad that The City’s costs for the term of said agreement shall not exceed $3,046,207.

PASSED AND ADOPTED by the City Council of the City of Soledad at a regular meeting duly held on the 1st of July, 2026, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:
345
ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
____________________________
ANNA M. VELAZQUEZ, Mayor
ATTEST:
____________________________
MEGAN HUNTER, City Clerk
346

COOPERATIVE FIRE PROGRAMS

FIRE PROTECTION REIMBURSEMENT AGREEMENT
LG-1 REV. 8/2025
AGREEMENT NUMBER 4CA07726
REGISTRATION NUMBER:

1. This Agreement is entered into between the State Agency and the Local Agency named below:

STATE AGENCY'S NAME
California Department of Forestry and Fire Protection – (CAL FIRE) LOCAL AGENCY’S NAME
City of Soledad

2. The term of this Agreement is: July 1, 2026 through June 30, 2027

3. The maximum amount of this
Agreement is:
$ 3,046,207
Three million, fourty-six thousand, two-hundred seven dollars and zero cents.

4. 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 – Scope of Work – Includes page 2 (contact page) in count for Exhibit A 5 pages Exhibit B – Budget Detail and Payment Provisions 3 pages Exhibit C – General Terms and Conditions 7 pages
Exhibit D – Additional Provisions 20 pages
Exhibit E – Description of Other Services 31 pages
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOCAL AGENCY California Department of General
Services Use Only LOCAL AGENCY’S NAME
City of Soledad
BY (Authorized Signature) DATE SIGNED


PRINTED NAME AND TITLE OF PERSON SIGNING
Megan Hunter, City Manager

ADDRESS
248 Main Street, Soledad, CA 93960

STATE OF CALIFORNIA

AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED


PRINTED NAME AND TITLE OF PERSON SIGNING
Matthew Sully, Deputy Director, Cooperative Fire Protection ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
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EXHIBIT A

COOPERATIVE FIRE PROGRAMS

FIRE PROTECTION REIMBURSEMENT AGREEMENT
The project representatives during the term of this agreement will be:

CAL FIRE Unit Chief: BEU San Benito -
Monterey Unit
Local Agency: City of Soledad
Name: George Nunez, Jr. Name: Megan Hunter
Phone: (831) 333-4600 Phone: (831) 223-5043
Fax: (831) 333-4660 Fax: (831) 223-5091
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:

CAL FIRE Unit Chief: George Nunez, Jr. Local Agency: City of Soledad Section/Unit: BEU San Benito -
Monterey Unit
Section/Unit: City Manager
Attention: Jason Luckenbach Attention: Megan Hunter
Address: 2221 Garden Road,
Monterey, CA 93940
Address: 248 Main Street
Soledad, CA 93960
Phone: (831) 333-4600 Phone: (831) 223-5043
Fax: (831) 333-4660 Fax: (831) 223-5091

AUTHORIZATION
As used herein, Director shall mean Director of CAL FIRE. This agreement, its terms and conditions are authorized under the Public Resources Code Sections 4141, 4142, 4143 and 4144, as applicable. 348
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EXHIBIT A

SCOPE OF WORK
Under Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and fire suppression forces including the necessary equipment, personnel, and facilities required to prevent and extinguish forest fires.

The purpose of this Agreement is to provide mutually advantageous fire and emergency services through an effective consolidated organization, wherein the STATE is primarily financially responsible for protecting natural resources from vegetation fires and the LOCAL AGENCY is primarily financially responsible for protecting life and property from fires and other emergencies. The LOCAL AGENCY shall have sole authority to establish the fire protection organization and structure needed to meet the determined level of service. This level of service may be based on the LOCAL AGENCY governing board’s established fiscal parameters and assessment of risks and hazards. LOCAL AGENCY personnel providing services under this Agreement may include any one or a combination of the following: regular employees, persons temporarily employed and commonly known as volunteers, paid-call firefighters, or others temporarily employed to perform any emergency work or emergency service including, but not limited to fire prevention, fire suppression and emergency medical response.

To comply with the STATE’s mandate for full cost recovery of goods and services provided for others, the LOCAL AGENCY shall be responsible for all STATE costs, both direct and indirect, required to execute the terms of this Agreement. These costs shall include, but not be limited to: required training and associated post coverage, employee uniform and Personal Protective Equipment (PPE) costs.

1. FIRE PROTECTION SERVICES WHICH CAN BE PROVIDED BY THE STATE Based on the cooperators request for proposal (RFP), the STATE can provide a modern, full-service fire protection and emergency incident management agency that provides comprehensive fire protection and other emergency incident response services based on the cooperators request for proposal. STATE designs regional fire protection solutions for urban and rural communities by efficiently utilizing all emergency protection resources. Regional solutions provide the most effective method of protecting the citizens of California at local, Count/City/District and state levels.

Contracted fire protection services provided by STATE under this Agreement shall include the following: (check boxes below that apply)
1) Emergency Fire Protection: services include commercial, residential, and wildland fire protection, prevention and investigation; hazardous materials incident response; emergency vehicle extrication; hazardous conditions response (flooding, downed power lines, earthquake, terrorist incident, etc.); and public service assistance. Also included are management support services that include fire department administration, training and safety, personnel, finance and logistical support. 2) Emergency Medical Responder (EMR): provide immediate lifesaving care to critical patients who access the Emergency Medical Services (EMS) system. EMRs have the knowledge and skills necessary to provide immediate lifesaving interventions while awaiting additional EMS resources to arrive. EMRs perform basic interventions with minimal equipment. 3) Emergency Medical Technician - Basic (EMT): provide out of hospital emergency medical care for critical and emergent patients who access the emergency medical services (EMS) system.

EMTs have the basic knowledge and skills necessary to stabilize patients ranging from non-emergency 349
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Page No.: 4
and routine medical to life threatening emergencies. EMTs perform interventions with the basic equipment typically found on an ambulance.
4) Emergency Medical Technician - Advanced (EMT-A): provide basic and limited advanced emergency medical care and transportation for critical and emergent patients who access the emergency medical system (EMS). This individual possesses the basic knowledge and skills necessary to provide patient care and transportation. AEMTs perform interventions with the basic and advanced equipment typically found on an ambulance.
5) Advanced Life Support Services (EMT-P): provide advanced emergency medical care for critical and emergent patients who access the emergency medical system (EMS). This individual possesses the complex knowledge and skills necessary to provide patient care and transportation.

Paramedics function as part of a comprehensive EMS response, under medical oversight. Paramedics perform interventions with the basic and advanced equipment typically found on an ambulance. 6) Dispatch Services: provide fire department 9-1-1 emergency dispatch by CAL FIRE Fire/Emergency Command Center (ECC). CAL FIRE will be responsible for fire/emergency dispatching emergency resource units covered under this Agreement. The CAL FIRE ECC is staffed with a Battalion Chief, three or more Fire Captains and Communications Operators to provide 24/7 year-round coverage. There is always an officer of Captain rank or higher to serve as the shift supervisor and command officer. CAL FIRE uses an integrated Computer Aided Dispatch (CAD) system using the latest technology, to direct the closest available resources to all emergency incidents. 7) Fire Code Inspection Services: CAL FIRE has staff Fire Inspectors serving under the direction of the LOCAL AGENCY Fire Marshal to provide services to the area covered by this Agreement. Fire Code Enforcement will normally be available five days per week, with emergency or scheduled enforcement inspections available seven days per week. Officers are available by appointment for site visits and consultations.
8) Public Information Services: CAL FIRE has staff to focus on public Information responsibilities towards plans, develops, directs, and coordinates comprehensive communication programs, to include media, public affairs and publications, in close collaboration with other institutional communications and/or public relations activities.
9) Prevention Services: CAL FIRE has staff to focus on education and awareness, both for specific segments of the public and the fire service. By demonstrating a commitment to community risk reduction, deliver services and programs designed to bolster community resilience. 10) Advanced Administrative Support: Professional Administrative, Financial & Staff Services support encompassing a diverse range of professional roles, including accounting officers, auditors, and departmental analysts.
11) Enforcement Services: Law Enforcement and Investigation services will be provided by CAL FIRE Prevention Officers trained in arson, commercial, and wildland fire investigation. Officers are trained at CAL FIRE’s Peace Officer Standard Training (POST) certified law enforcement training academy, and they cooperate effectively with all local, state and federal law enforcement agencies. 350
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12) Land Use/Pre-Fire Planning Services: CAL FIRE staff will provide community land use planning, administration of Pre-Fire project work, including community outreach, development of community education programs, project quality control, maintenance of project records and submittal of progress reports, completion of required environmental documentation, acquisition of required permits and completion of other associated administrative duties. 13) Emergency Management and Disaster Planning: CAL FIRE staff will coordinate the planning, development, and directs the work of implementing and maintaining a comprehensive emergency management and disaster program, including budget development, monitoring, and developing of policies and procedures for emergency management programs. CAL FIRE staff will administer plan modification, outreach, training, and reporting activities. Staff will coordinate public information distribution and public relations related to community emergency preparedness, and performs related duties as required. They will assist the Operational Area with their Emergency Preparedness Programs in accordance with the established time allocation and FEMA National Response Framework and Emergency Support Functions.
14) Specific service descriptions and staffing coverage, by station: (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this Agreement) 15) Extended Fire Protection Service Availability (Amador)

2. ADMINISTRATION
Under the requirements of California Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and firefighting services as outlined in Exhibit D, Schedule B of this Agreement.

A. Director shall select and employ a Region Chief who shall, under the direction of the Director/Chief Deputy Director, manage all aspects of fire prevention and fire protection services and forestryrelated programs.

B. Director will select and employ a Unit Chief who shall, under the supervision and direction of Director/Region Chief or a lawful representative, have charge of the organization described in Exhibit D, Schedules A, B and C included hereto and made a part of this Agreement.

C. LOCAL AGENCY shall appoint the Unit Chief as the LOCAL AGENCY Fire Chief for all Emergency Fire Protection, Medical and Rescue Response Agreements, pursuant to applicable statutory authority. The Unit Chief may delegate this responsibility to qualified staff.

D. The Unit Chief may dispatch personnel and equipment listed in Exhibit D, Schedules A, B and C from the assigned station or location under guidelines established by LOCAL AGENCY and approved by STATE. Personnel and/or equipment listed in Exhibit D, Schedule B may be dispatched at the sole discretion of STATE.

E. The Unit Chief shall exercise professional judgment consistent with STATE policy and his or her employment by STATE in authorizing or making any assignments to emergencies and other responses, including assignments made in response to requests for mutual aid. 351
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F. Except as may be otherwise provided for in this Agreement, STATE shall not incur any obligation on the part of LOCAL AGENCY to pay for any labor, materials, supplies or services beyond the total set forth in the respective Exhibit D, Schedules A and C, as to the services to be rendered pursuant to each Schedule.

G. Nothing herein shall alter or amend or be construed to alter or amend any Collective Bargaining Agreement or Memorandum of Understanding between the State of California and its employees under the State Employer-Employee Relations Act.

3. SUPPRESSION COST RECOVERY
As provided in Health and Safety Code (H&SC) Section 13009, STATE may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. When using LOCAL AGENCY equipment and personnel under the terms of this agreement, STATE may, at the request of LOCAL AGENCY, bring such an action for collection of costs incurred by LOCAL AGENCY. In such a case LOCAL AGENCY appoints and designates STATE as its agent in said collection proceedings. In the event of recovery, STATE shall deduct fees and litigation costs in a proportional percentage amount based on verifiable and justifiable suppression costs for the fire at issue. These recovery costs are for services provided which are beyond the scope of those covered by the local government administrative fee.

In all such instances, STATE shall give timely notice of the possible application of H&SC Section 13009 to the representative designated by LOCAL AGENCY.

4. MUTUAL AID
When rendering mutual aid or assistance as authorized in H&SC Sections 13050 and 13054, STATE may, at the request of LOCAL AGENCY, demand payment of charges and seek reimbursement of LOCAL AGENCY costs for personnel, equipment and operating expenses as funded herein, under authority given by H&SC Sections 13051 and 13054. STATE, in seeking said reimbursement pursuant to such request of LOCAL AGENCY, shall represent LOCAL AGENCY by following the procedures set forth in H&SC Section 13052. Any recovery of LOCAL AGENCY costs, less expenses, shall be paid or credited to LOCAL AGENCY, as directed by LOCAL AGENCY.

In all such instances, STATE shall give timely notice of the possible application of H&SC Sections 13051 and 13054 to the officer designated by LOCAL AGENCY.

5. PROPERTY PURCHASE AND ACCOUNTING
LOCAL AGENCY shall be responsible for all costs associated with property required by personnel to carry out this Agreement. Employee uniform costs will be assessed to the LOCAL AGENCY through the Agreement billing process. Personal Protective Equipment (PPE) costs shall be the responsibility of the LOCAL AGENCY. By mutual agreement, PPE meeting the minimum specifications established by the STATE may be purchased directly by the LOCAL AGENCY. Alternately, the STATE will supply all PPE and the LOCAL AGENCY will be billed for costs incurred.

All property provided by LOCAL AGENCY and by STATE for the purpose of providing fire protection services shall be marked and accounted for by the Unit Chief in such a manner as to conform to the regulations, if any, established by the parties for the segregation, care, and use of the respective properties.
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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. PAYMENT FOR SERVICES
A. LOCAL AGENCY shall pay STATE actual cost for fire protection services pursuant to this Agreement an amount not to exceed that set forth in Exhibit D, Schedule A for each fiscal year. STATE shall prepare an Exhibit D, Schedule A each year, which shall be the basis for payment for the entire fiscal year for which services are provided.

B. Any other funds designated by LOCAL AGENCY to be expended under the supervision of or for use by a Unit Chief for fire protection services shall be set forth in Exhibit D, Schedule C. This clause shall not limit the right of LOCAL AGENCY to make additional expenditures, whether under Exhibit D, Schedule C or otherwise.

C. STATE shall invoice LOCAL AGENCY for the cost of fire protection services on a quarterly basis as follows:
1) For actual services rendered by STATE during the period of July 1 through September 30, by an invoice filed with LOCAL AGENCY on or after December 10. 2) For actual services rendered by STATE during the period October 1 through December 31, by an invoice filed with LOCAL AGENCY on or after December 31. 3) For actual services rendered by STATE during the period January 1 through March 31, by an invoice filed with LOCAL AGENCY on or after March 31. 4) For the estimated cost of services during the period April 1 through June 30, by an invoice filed in advance with LOCAL AGENCY on or after March 1. 5) A final statement shall be filed with LOCAL AGENCY by October 1 following the close of the fiscal year, reconciling the payments made by LOCAL AGENCY with the cost of the actual services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.
6) All payments by LOCAL AGENCY shall be made within thirty (30) days of receipt of invoice from STATE, or within thirty (30) days after the filing dates specified above, whichever is later.
7) The STATE reserves the right to adjust the frequency of billing and payment to a monthly cycle with a thirty (30) day written notice to the LOCAL AGENCY when:
a. The Director predicts a cash flow shortage, or
b. When determined by the Region Chief, after consulting with the Unit Chief and the LOCAL AGENCY Contract Administrator, that the LOCAL AGENCY may not have the financial ability to support the contract at the contract level.

D. Invoices shall include actual or estimated costs as provided herein of salaries and employee benefits for those personnel employed, charges for operating expenses and equipment and the administrative charge in accordance with Exhibit D, Schedule A. When "contractual rates" are indicated, the rate shall be based on an average salary plus all benefits. "Contractual rates" means an all-inclusive rate established in Exhibit D, Schedule A for total costs to STATE, per specified position, for 24-hour fire protection services during the period covered.
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E. STATE shall credit the LOCAL AGENCY, or cover behind at no cost, for the costs of Nonpost (e.g. Fire Marshal, Training Officer, etc.) positions and equipment assigned to STATE responsibility fires or other STATE funded emergency incidents. The STATE shall notify the LOCAL AGENCY when this occurs.

2. COST OF OPERATING AND MAINTAINING EQUIPMENT AND PROPERTY The cost of maintaining, operating, and replacing any and all property and equipment, real or personal, furnished by the parties hereto for fire protection purposes, shall be borne by the party owning or furnishing such property or equipment unless otherwise provided for herein or by separate written agreement.

3. JURISDICTION RELATED SPECIALIZED TRAINING
The cost of all employees requiring or attending specialized training related to operations within the jurisdiction shall be borne by the party contracting with CAL FIRE, unless otherwise provided for herein, or by a separate written agreement. Specialized training as related to this agreement is defined as any training outside of the CAL FIRE 4021 Policy and Exhibits associated with a specific classification. For the purposes of this agreement, specialized training is defined as any training that falls outside the scope of CAL FIRE Policy 4021 and its associated classification-specific exhibits. This includes, but is not limited to: Medical training beyond the Emergency Medical Responder level, Hazardous Materials training beyond First Responder Operations, Emergency Management, Technical Rescue, any other training not classified as required for the employee’s CAL FIRE job classification.

4. BUDGET CONTINGENCY CLAUSE
A. If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.

B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an Agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein.

C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein.

D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an Agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.

E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise 354
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appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.

F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.
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EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. STATE will not commence performance until such approval has been obtained.

2. AMENDMENT: This Agreement may be amended by mutual consent of LOCAL AGENCY and STATE. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

If during the term of this Agreement LOCAL AGENCY shall desire a reduction in STATE civil service employees assigned to the organization provided for in Exhibit D, Schedule A, LOCAL AGENCY shall provide 120 days written notice of the requested reduction. Notification shall include the following: (1) The total amount of reduction; (2) The firm effective date of the reduction; and (3) The number of employees, by classification, affected by a reduction. If such notice is not provided, LOCAL AGENCY shall reimburse STATE for relocation costs incurred by STATE as a result of the reduction. Personnel reductions resulting solely from an increase in STATE employee salaries or STATE expenses occurring after signing this Agreement and set forth in Exhibit D, Schedule A to this Agreement shall not be subject to relocation expense reimbursement by LOCAL AGENCY.

If during the term of this Agreement costs to LOCAL AGENCY set forth in any Exhibit D, Schedule A to this Agreement increase and LOCAL AGENCY, in its sole discretion, determines it cannot meet such increase without reducing services provided by STATE, LOCAL AGENCY shall within one hundred twenty (120) days of receipt of such Schedule notify STATE and designate which adjustments shall be made to bring costs to the necessary level. If such designation is not received by STATE within the period specified, STATE shall reduce services in its sole discretion to permit continued operation within available funds.

3. ASSIGNMENT: This Agreement is not assignable by the LOCAL AGENCY either in whole or in part, without the consent of the STATE in the form of a formal written amendment.

4. EXTENSION OF AGREEMENT:

A. One year prior to the date of expiration of this Agreement, LOCAL AGENCY shall give STATE written notice of whether LOCAL AGENCY will extend or enter into a new Agreement with STATE for fire protection services and, if so, whether LOCAL AGENCY intends to change the level of fire protection services from that provided by this Agreement. If this Agreement is executed with less than one year remaining on the term of the Agreement, LOCAL AGENCY shall provide this written notice at the time it signs the Agreement and the one year notice requirement shall not apply.

B. If LOCAL AGENCY fails to provide the notice, as defined above in (A), STATE shall have the option to extend this Agreement for a period of up to one year from the original termination date and to continue providing services at the same or reduced level as STATE determines would be appropriate during the extended period of this Agreement. Six months prior to the date of expiration of this Agreement, or any extension hereof, STATE shall give written notice to LOCAL AGENCY of any extension of this Agreement and any change in the level of fire protection services STATE will provide during the extended period of this Agreement. Services provided and obligations incurred by STATE during an extended period shall be accepted by LOCAL AGENCY as services and obligations under the terms of this Agreement.

C. The cost of services provided by STATE during the extended period shall be based upon the amounts that would have been charged LOCAL AGENCY during the fiscal year in which the 356
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extended period falls had the Agreement been extended pursuant hereto. Payment by LOCAL AGENCY for services rendered by STATE during the extended period shall be as provided in Exhibit B, Section 1, B of this Agreement.

5. AUDIT: STATE, including the Department of General Services and the Bureau of State Audits, and LOCAL AGENCY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this Agreement. STATE and LOCAL AGENCY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated, and to allow the auditor(s) of the other party access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. STATE and LOCAL AGENCY agree to a similar right to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov.

Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

6. INDEMNIFICATION: Each party, to the extent permitted by law, agrees to indemnify, defend and save harmless the other party, its officers, agents and employees from (1) any and all claims for economic losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm, or corporation furnishing or supplying work services, materials or supplies to that party and (2) from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by that party, in the performance of any activities of that party under this Agreement, except where such injury or damage arose from the sole negligence or willful misconduct attributable to the other party or from acts not within the scope of duties to be performed pursuant to this Agreement; and (3) each party shall be responsible for any and all claims that may arise from the behavior and/or performance of its respective employees during and in the course of their employment to this cooperative Agreement.

7. DISPUTES: LOCAL AGENCY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of LOCAL AGENCY, be available for contract resolution or policy intervention with the STATE’s Region Chief when, upon determination by the designated STATE representative, the Unit Chief acting as LOCAL AGENCY’s Fire Chief under this Agreement faces a situation in which a decision to serve the interest of LOCAL AGENCY has the potential to conflict with STATE interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the LOCAL AGENCY and STATE employees normally responsible for the administration of this Agreement shall be brought to the attention of the CAL FIRE Director or designee and the Chief Executive Officer (or designated representative) of the LOCAL AGENCY for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. STATE and LOCAL AGENCY agree to continue with the responsibilities under this Agreement during any dispute.

8. TERMINATION FOR CAUSE/CANCELLATION:

A. If LOCAL AGENCY fails to remit payments in accordance with any part of this Agreement, STATE may terminate this Agreement and all related services upon 60 days written notice to LOCAL AGENCY. Termination of this Agreement does not relieve LOCAL AGENCY from providing STATE full compensation in accordance with terms of this Agreement for services actually rendered by STATE pursuant to this Agreement.

B. This Agreement may be cancelled at the option of either STATE or LOCAL AGENCY at any time during its term, with or without cause, on giving one year’s written notice to the other party. Either LOCAL AGENCY or STATE electing to cancel this Agreement shall give one year’s written notice to the other party prior to cancellation.
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9. INDEPENDENT CONTRACTOR: Unless otherwise provided in this Agreement LOCAL AGENCY and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE.

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, LOCAL AGENCY shall be an equal opportunity employer and 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 (e.g. Cancer), age (over 40), marital status, denial of family care leave, veteran status, sexual orientation, and sexual identity. LOCAL AGENCY shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. LOCAL AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §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. LOCAL AGENCY shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

In addition, LOCAL AGENCY acknowledges that it has obligations relating to ethics, Equal Employment Opportunity (EEO), the Fire Fighter’s Bill of Rights Act (FFBOR), and the Peace Officer’s Bill of Rights Act (POBOR). LOCAL AGENCY shall ensure that its employees comply with all the legal obligations relating to these areas. LOCAL AGENCY shall ensure that its employees are provided appropriate training.

11. TIMELINESS: Time is of the essence in the performance of this Agreement.

12. COMPENSATION: The consideration to be paid STATE, as provided herein, shall be in compensation for all of STATE’s expenses incurred in the performance hereof, including travel, per Diem, and taxes, unless otherwise expressly so provided.

13. GOVERNING LAW: This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

14. CHILD SUPPORT COMPLIANCE ACT: “For any Agreement in excess of $100,000, the LOCAL AGENCY acknowledges in accordance with Public Contract Code 7110, that:

A. The LOCAL AGENCY recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The LOCAL AGENCY, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.”

15. UNENFORCEABLE PROVISION: 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. 358
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16. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
The STATE and LOCAL AGENCY have a responsibility to comply with the provisions of the 1996 Federal Health Insurance Portability and Accountability Act (HIPAA) and the 2001 State Health Insurance Portability and Accountability Implementation Act. HIPAA provisions become applicable once the association and relationships of the health care providers are determined by the LOCAL AGENCY. It is the LOCAL AGENCY’S responsibility to determine their status as a “covered entity” and the relationships of personnel as “health care providers”, “health care clearinghouse”, “hybrid entities”, business associates”, or “trading partners”. STATE personnel assigned to fill the LOCAL AGENCY’S positions within this Agreement, and their supervisors, may fall under the requirements of HIPAA based on the LOCAL AGENCY’S status. It is the LOCAL AGENCY’S responsibility to identify, notify, train, and provide all necessary policy and procedures to the STATE personnel that fall under HIPAA requirements so that they can comply with the required security and privacy standards of the act.

17. LIABILITY INSURANCE
The STATE and LOCAL AGENCY shall each provide proof of insurance in a form acceptable to the other party at no cost one to the other, to cover all services provided and use of local government facilities covered by this Agreement. If LOCAL AGENCY is insured and/or self-insured in whole or in part for any losses, LOCAL AGENCY shall provide a completed Certification of Self Insurance (Exhibit D, Schedule E) or certificate of insurance, executed by a duly authorized officer of LOCAL AGENCY. Upon request of LOCAL AGENCY the STATE shall provide a letter from DGS, Office Risk and Insurance Management executed by a duly authorized officer of STATE. If commercially insured in whole or in part, a certificate of such coverage executed by the insurer or its authorized representative shall be provided.

Said commercial insurance or self-insurance coverage of the LOCAL AGENCY shall include the following:

A. Fire protection and emergency services - Any commercial insurance shall provide at least general liability for $5,000,000 combined single limit per occurrence.

B. Dispatch services – Any commercial insurance shall provide at least general liability for $1,000,000 combined single limit per occurrence.

C. The CAL FIRE, State of California, its officers, agents, employees, and servants are included as additional insured’s for purposes of this contract.

D. The STATE shall receive thirty (30) days prior written notice of any cancellation or change to the policy at the addresses listed on page 2 of this Agreement.

18. WORKERS COMPENSATION: (only applies where local government employees/volunteers are supervised by CAL FIRE, as listed in Exhibit D Schedule C. STATE contract employees’ workers compensation is included as part of the contract personnel benefit rate).

A. Workers' Compensation and related benefits for those persons, whose use or employment is contemplated herein, shall be provided in the manner prescribed by California Labor Codes, State Interagency Agreements and other related laws, rules, insurance policies, collective bargaining agreements, and memorandums of understanding.

B. The STATE Unit Chief administering the organization provided for in this Agreement shall not use, dispatch or direct any non STATE employees, on any work which is deemed to be the responsibility of LOCAL AGENCY, unless and until LOCAL AGENCY provides for Workers' Compensation benefits at no cost to STATE. In the event STATE is held liable, in whole or in 359
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part, for the payment of any Worker's Compensation claim or award arising from the injury or death of any such worker, LOCAL AGENCY agrees to compensate STATE for the full amount of such liability.

C. The STATE /LOCAL AGENCY shall receive proof of Worker’s Compensation coverage and shall be notified of any cancellation and change of coverage at the addresses listed in Section

1. 19. CONFLICT OF INTEREST: LOCAL AGENCY needs to be aware of the following provisions regarding current or former state employees. If LOCAL AGENCY has any questions on the status of any person rendering services or involved with the Agreement, the STATE must be contacted immediately for clarification.

Current State Employees (Public Contract Code §10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Public Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If LOCAL AGENCY violates any provisions of above paragraphs, such action by LOCAL AGENCY shall render this Agreement void. (Public Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Public Contract Code §10430 (e))

20. LABOR CODE/WORKERS' COMPENSATION: LOCAL AGENCY needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and LOCAL AGENCY affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

21. AMERICANS WITH DISABILITIES ACT: LOCAL AGENCY assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

22. LOCAL AGENCY NAME CHANGE: An amendment is required to change the LOCAL AGENCY’S name as listed on this Agreement. Upon receipt of legal documentation of the name change the 360
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STATE will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

23. RESOLUTION: A county, city, district, or other local public body must provide the STATE with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the Agreement.

24. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the LOCAL AGENCY shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

25. AFFIRMATIVE ACTION. STATE certifies its compliance with applicable federal and State hiring requirements for persons with disabilities, and is deemed by LOCAL AGENCY to be in compliance with the provisions of LOCAL AGENCY’S Affirmative Action Program for Vendors.

26. DRUG AND ALCOHOL-FREE WORKPLACE. As a material condition of this Agreement, STATE agrees that it and its employees, while performing service for LOCAL AGENCY, on LOCAL AGENCY property, or while using LOCAL AGENCY equipment, shall comply with STATE’s Employee Rules of Conduct as they relate to the possession, use, or consumption of drugs and alcohol.

27. ZERO TOLERANCE FOR FRAUDULENT CONDUCT IN LOCAL AGENCY SERVICES. STATE shall comply with any applicable “Zero Tolerance for Fraudulent Conduct in LOCAL AGENCY Services.” There shall be “Zero Tolerance” for fraud committed by contractors in the administration of LOCAL AGENCY programs and the provision of LOCAL AGENCY services. Upon proven instances of fraud committed by the STATE in connection with performance under the Agreement, the Agreement may be terminated consistent with the termination for cause/cancellation term, Exhibit C, section 8, subsection B, of Cooperative Fire Programs Fire Protection Reimbursement Agreement, LG-1, between the California Department of Forestry and Fire Protection (CAL FIRE) and the LOCAL AGENCY.

28. OFFICIAL INFORMATION. “Official information” means information, regardless of the form or medium of disclosure, that has been or will be disclosed between the parties in connection with this Agreement, and all copies thereof, that has been designated by CAL FIRE and/or the LOCAL AGENCY as confidential, restricted, prohibited, or privileged by State or federal law. Official Information is intended to include information acquired in confidence by a public employee in the course of his or her duty and not open, or officially disclosed, to the public and exempt from disclosure under the Public Records Act as contemplated by Government Code section 7928.705 and Evidence Code section 1040.

Pursuant to Government Code sections 7927.500, 7927.000, 7921.505 and 7922.000, Official Information disclosed between government agencies that have agreed to treat the disclosed material as confidential remains confidential and exempt from disclosure under the Public Records Act or other similar laws.

CAL FIRE and the LOCAL AGENCY agree to take all necessary measures to protect Official Information and shall impose all the requirements of this Agreement on all of their respective officers, employees and agents with regards to access to the Confidential Information. 361
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Any exchange of Official Information between parties shall not constitute a “waiver” of any exemption pursuant to Government Code section 7921.505. CAL FIRE and LOCAL AGENCY personnel allowed access to information designated as Confidential Information shall be limited to those persons with a demonstrable business need for such access. CAL FIRE and LOCAL AGENCY agree to provide a list of authorized personnel in writing as required by Government Code section 7921.505(c).

A party to this Agreement who experiences a security breach involving Official Information covered by this Agreement, agrees to promptly notify the other party of such breach.

29. ENTIRE AGREEMENT: This agreement contains the whole Agreement between the Parties. It cancels and supersedes any previous agreement for the same or similar services.

30. LIMITED WAIVER OF SOVEREIGN IMMUNITY: The Parties acknowledge that Grantee is a federally recognized Indian tribe and, as such, possesses sovereign immunity from suit. Nothing in this Agreement is or shall be deemed to be a general waiver of Grantee’s sovereign immunity from suit, which immunity is expressly asserted, provided, however, that Grantee hereby expressly, unequivocally, and irrevocably provides a limited waiver of sovereign immunity from suit to allow CAL FIRE to exercise all of its rights under the terms of this Agreement, and Grantee consents to suit in any court of the State of California for any claim to interpret or enforce this Agreement.

Grantee’s limited waiver of sovereign immunity is applicable solely to claims by the State of California, through CAL FIRE and its departments, their successors and assigns. This limited waiver of sovereign immunity does not apply to claims by any other person, corporation, partnership, governmental body, or other entity. Claims hereunder shall allow for the remedies of specific performance, injunctive relief, declaratory relief, and monetary damages. The Parties agree to meet and confer to seek to resolve any disputes arising under this Agreement before pursing legal action against the Tribe.
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EXHIBIT D

ADDITIONAL PROVISIONS
EXCISE TAX: State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. STATE will pay any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this agreement. The STATE may pay any applicable sales and use tax imposed by another state.

Schedules
The following Schedules are included as part of this agreement (check boxes if they apply):

A. Fiscal Display, PRC 4142 AND/OR PRC 4144 - STATE provided LOCAL AGENC funded fire protection services. State-owned vehicles shall be operated and maintain in accordance with policies of STATE at rates listed in Exhibit D, Schedule A.

B. STATE Funded Resource - A listing of personnel, crews and major facilities of t STATE overlapping or adjacent to the local agency area that may form a reciprocal p of this agreement.

C. LOCAL AGENCY Provided Local Funded Resources - A listing of servic personnel, equipment and expenses, which are paid directly by the local agency, b which are under the supervision of the Unit Chief.

D. LOCAL AGENCY Owned STATE Maintained Vehicles - Vehicle informat pertaining to maintenance responsibilities and procedures for local agency-own vehicles that may be a part of the agreement.

LOCAL AGENCY-owned firefighting vehicles shall meet and be maintained to meet minimum safety standards set forth in Title 49, Code of Federal Regulations; and Titles 8 and 13, California Code of Regulations.

LOCAL AGENCY-owned vehicles that are furnished to the STATE shall be maintained and operated in accordance to LOCAL AGENCY policies. In the event LOCAL AGENCY does not have such policies, LOCAL AGENCY-owned vehicles shall be maintained and operated in accordance with STATE policies. The cost of said vehicle maintenance and operation shall be at actual cost or at rates listed in Exhibit D, Schedule D.

Exhibit D, Schedule D is incorporated into this section if LOCAL AGENCY-owned vehicles listed in Exhibit D, Schedule D are to be operated, maintained, and repaired by STATE.

LOCAL AGENCY assumes full responsibility for all liabilities associated therewith in accordance with California Vehicle Code Sections 17000, 17001 et seq. STATE employees operating LOCAL AGENCY-owned vehicles shall be deemed employees of LOCAL AGENCY, as defined in Vehicle Code Section 17000. Except where LOCAL AGENCY would have no duty to indemnify STATE under Exhibit C, Section 6 for all LOCAL AGENCY-owned vehicles operated or used by employees of STATE under this agreement.
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LOCAL AGENCY employees, who are under the supervision of the Unit Chief and operating State-owned motor vehicles, as a part of the duties and in connection with fire protection and other emergency services, shall be deemed employees of STATE, as defined in Vehicle Code Section 17000 for acts or omissions in the use of such vehicles. Except where STATE would have no duty to indemnify LOCAL AGENCY under Exhibit C, Section 6.

E. Certification of Insurance - Provider Insurance Certification and/or proof of s insurance.
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EXHIBIT D, SCHEDULE A
LOCAL FUNDED – STATE RESOURCES

FISCAL DISPLAY
PRC 4142
NAME OF LOCAL AGENCY: City of Soledad
CONTRACT NUMBER: 4CA07726
Index: 4600 PCA: 48510 Fiscal Year: 2026/27 to 2026/27
This is Schedule A of Cooperative Agreement originally dated July 1, 2026, by and between CAL FIRE of the State of California and LOCAL AGENCY.
(See Attached)
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Unit: BEU
Agreement Total $3,046,207 4CA07726
48510 PS Total $2,957,542
48510 OE Total $88,665
TOTAL $3,046,207
Fiscal Year 26/27
Contract Name: City of Soledad
Contract No.:

Page No.:
366
Fiscal Year: 2026 Sub Total $2,626,358
Index: 4600 Unit: Admin $331,184 12.61%
PCA 48510 Total $2,957,542 4CA07726
PRC: 4142
Comments FY26/27 Overtime Total: $367,459
Staff Benefit Rate as of 7/1/26 for POF Classifications 89.97% Staff Benefit Rate as of 7/1/26 for SAF Classifications 62.10% Staff Benefit Rate as of 7/1/26 for MIS Classifications 76.81% Number of
Positions Classification/ad-ons (Pick From List) RET. Period Salary Months
Salary
Rate Total Salary EDWC Rate EDWC Periods Total EDWC Salary Benefits FFI UI EDWC Benefits Total Salary &
EDWC
Total Position
Cost

0.33 Battalion Chief POF 2026-2027 12 $8,930 $35,362 $3,639 12 $14,410 $31,815 $0 $7,920 $89,508 $112,915

0.33 Longevity Pay Differential - 7% POF 12 $0 $2,475 $0 $2,227 $0 $4,702

0.33 Education Incentive Pay Differential POF 12 $150 $594 $0 $534 $0 $1,128 POF $0 $0 $0 $0 $0 $0
POF $0 $0 $0 $0 $0 $0

0.33 Overtime POF $70 750 $17,325 $0 $251 $0 $17,576

3.33 Fire Captain, Range A POF 2026-2027 12 $7,694 $307,438 $3,143 12 $125,594 $276,602 $0 $69,027 $778,661 $945,936

3.33 Longevity Pay Differential - 5% POF 12 $0 $15,372 $0 $13,830 $0 $29,202

3.33 Education Incentive Pay Differential POF 12 $150 $5,994 $0 $5,393 $0 $11,387 POF $0 $0 $0 $0 $0 $0
POF $0 $0 $0 $0 $0 $0

3.33 Overtime POF $50 750 $124,875 $0 $1,811 $0 $126,686 4 Fire Apparatus Engineer, Range A POF 2026-2027 12 $6,856 $329,099 $2,807 12 $134,736 $296,090 $0 $74,051 $833,976 $1,003,367 4 Longevity Pay Differential - 3% POF 12 $0 $9,873 $0 $8,883 $0 $18,756 4 Education Incentive Pay Differential POF 12 $150 $7,200 $0 $6,478 $0 $13,678 POF $0 $0 $0 $0 $0 $0
POF $0 $0 $0 $0 $0 $0
4 Overtime POF $45 750 $135,000 $0 $1,958 $0 $136,958
2 Fire Fighter II, Range A POF 2026-2027 6 $6,181 $74,169 $2,536 6 $30,432 $66,730 $0 $16,725 $188,056 $252,346 2 Education Incentive Pay Differential POF 6 $150 $1,800 $0 $1,619 $0 $3,419 POF $0 $0 $0 $0 $0 $0
POF $0 $0 $0 $0 $0 $0
POF $0 $0 $0 $0 $0 $0
2 Overtime POF $40 750 $60,000 $0 $870 $0 $60,870

0.14 Analyst I MIS 2026-2027 12 $6,276 $10,544 $0 0 $0 $8,099 $0 $0 $18,642 $18,642 MIS $0 $0 $0 $0 $0 $0
MIS $0 $0 $0 $0 $0 $0
MIS $0 $0 $0 $0 $0 $0
MIS $0 $0 $0 $0 $0 $0
Overtime MIS $0 $0 $0 $0

0.16 Senior Personnel Specialist MIS 2026-2027 12 $7,305 $14,026 $0 0 $0 $10,773 $0 $0 $24,799 $25,625 MIS $0 $0 $0 $0 $0 $0
MIS $0 $0 $0 $0 $0 $0
MIS $0 $0 $0 $0 $0 $0
MIS $0 $0 $0 $0 $0 $0

0.16 Overtime MIS R&R 4800 $768 $0 $59 $0 $827

0.33 Heavy Equipment Mechanic, Range A MIS 2026-2027 12 $6,723 $26,623 $0 0 $0 $20,449 $0 $0 $47,072 $56,484

0.33 Fire Mission Pay Differential - HEM Range A MIS 12 $672 $2,661 $0 $2,044 $0 $4,705

0.33 Commercial Drivers License Pay Differential Range A MIS 12 $336 $1,331 $0 $1,022 $0 $2,353

0.33 Longevity Pay Differential - 5% MIS Geo Pay 12 $0 $1,331 $0 $1,022 $0 $2,354 MIS $0 $0 $0 $0 $0 $0
Overtime MIS $0 $0 $0 $0
This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2026 between City of Soledad and The California Department of Forestry and Fire Protection (CAL FIRE) Contract Name: City of Soledad
Contract No.:

Page No.:

CAL FIRE Unit Chief
CAL FIRE Region Chief
George Nunez Jr.

Mike van Loben Sels
367
Fiscal Year: 2026 Sub Total $2,626,358
Index: 4600 Unit: Admin $331,184 12.61%
PCA 48510 Total $2,957,542 4CA07726
PRC: 4142
Comments FY26/27 Overtime Total: $367,459

Contract Name: City of Soledad
Contract No.:

Page No.:

1.26 Communications Operator, Range B SAF 2026-2027 12 $7,306 $110,467 $0 0 $0 $68,600 $0 $0 $179,067 $211,044

1.26 Night-Shift Pay Differential SAF 12 $303 $4,586 $0 $2,848 $0 $7,434 SAF $0 $0 $0 $0 $0 $0
SAF $0 $0 $0 $0 $0 $0
SAF $0 $0 $0 $0 $0 $0

1.26 Overtime SAF $64 300 $24,192 $0 $351 $0 $24,543
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
368
Fiscal Year: 2026 $298
Index: 4600 $78,737
PCA: 48510 $9,929 12.61%
PRC: 4142 $88,665
Comments

1.45%
Category (Pick from List) Details Number Months Rate Sub-Total Uniform Benefits Total UNIFORM ALLOWANCE FOR BU8 .33 BC, 3.33 FC, 4 FAE 7.66 12.00 $178 $ 16,316 $ 237 $ 16,552 UNIFORM ALLOWANCE FOR BU8 2 FFII 2.00 12.00 $178 $ 4,260 $ 62 $ 4,322 UNIFORM ALLOWANCE FOR COMM OP 1.26 12.00 $104 $ 1,575 0 $ 1,575 UNIFORM ALLOWANCE FOR HEM R4637 0.33 12.00 $56 $ 221 0 $ 221 GENERAL EXPENSE Mech Tools 0.33 1.00 $575 $ 190 0 $ 190 GENERAL EXPENSE DOT 0.33 1.00 $400 $ 132 0 $ 132
COVERALLS FOR HEM R4637 0.33 1.00 $144 $ 48 0 $ 48
VEHICLE OPERATIONS TRN 53 0.33 12.00 $725 $ 2,871 0 $ 2,871 VEHICLE OPERATIONS R4637 0.33 12.00 $725 $ 2,871 0 $ 2,871 VEHICLE OPERATIONS B31 0.33 12.00 $906 $ 3,589 0 $ 3,589 VEHICLE OPERATIONS E37 1.00 12.00 $675 $ 8,100 0 $ 8,100 VEHICLE OPERATIONS E137 1.00 12.00 $200 $ 2,400 0 $ 2,400 VEHICLE OPERATIONS T37 1.00 12.00 $1000 $ 12,000 0 $ 12,000 VEHICLE OPERATIONS U37 1.00 12.00 $500 $ 6,000 0 $ 6,000 OTHER ITEMS OF EXPENSE Wildland Pants 9.99 3.00 $225 $ 6,743 0 $ 6,743 $ - 0 $ -
GENERAL EXPENSE Vector Solutions 11.26 1.00 $75 $ 845 0 $ 845 GENERAL EXPENSE Vector Solutions 0.30 1.00 $38 $ 11 0 $ 11 GENERAL EXPENSE InTime 11.26 1.00 $57 $ 642 0 $ 642
GENERAL EXPENSE PPE (4 FAE, 2 FFII) 6.00 12.00 $50 $ 3,600 0 $ 3,600 GENERAL EXPENSE PPE (.33 BC, 3.33 FC) 3.66 12.00 $50 $ 2,196 0 $ 2,196 OTHER ITEMS OF EXPENSE Tablet Command 3.33 1.00 $1150 $ 3,830 0 $ 3,830 $ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
4CA07726
Total Page No.:

This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2026 between City of Soledad and The California Department of Forestry and Fire Protection (CAL FIRE) Uniform Benefits Contract Name:

Sub Total
Admin Contract No.:

City of Soledad
369
(LG1 REV. 01/2017)
Contractor Name: City of Soledad
Contract No: 4CA07726
Page No.:

EXHIBIT D, SCHEDULE B

STATE FUNDED RESOURCES
NAME OF LOCAL AGENCY:City of Soledad
This is Schedule B of Cooperative Agreement originally dated July 1, 2026, by and between CAL FIRE of the State of California and LOCAL AGENCY.

FISCAL YEAR: 2026/27 to 2026/27
(See Attached)
370
371
SCO ID: 3540-4CA07226
(LG1 REV. 01/2017)
Contractor Name: City of Soledad
Contract No: 4CA07726
Page No.:

EXHIBIT D, SCHEDULE C

LOCAL FUNDED LOCAL RESOURCES

ASSIGNED TO THE CAL FIRE UNIT
NAME OF LOCAL AGENCY:City of Soledad
This is Schedule C of Cooperative Agreement originally dated July 1, 2026, by and between CAL FIRE of the State of California and LOCAL AGENCY.

FISCAL YEAR: 2026/27 to 2026/27
(See Attached)
372
SCO ID: 3540-4CA07226
373
SCO ID: 3540-4CA07226
374
(LG1 REV. 01/2017)
Contractor Name: City of Soledad
Contract No: 4CA07726
Page No.:

EXHIBIT D, SCHEDULE D (page one)

LOCAL AGENCY OWNED

STATE MAINTAINED VEHICLES
NAME OF LOCAL AGENCY:City of Soledad
This is Schedule D of Cooperative Agreement originally dated July 1, 2026, by and between CAL FIRE of the State of California and LOCAL AGENCY
FISCAL YEAR: 2026/27 to 2026/27
The current “Salary, Pay Differentials, and Operating Expense Schedule” Memorandum under Operating Expenses, Vehicle Maintenance includes the following description of maintenance responsibilities and procedures for LOCAL AGENCY-owned vehicles which are listed in the Exhibit D, Schedule A. Categories are "Flat Rate", "Mileage Rate", and "Actual Cost". (1) For all vehicles for which a monthly "Flat Rate" is shown, (this category excludes, all surveyed CAL FIRE vehicles, vehicles obtained through federal surplus, fire apparatus built on commercial chassis over 15 years old and fire apparatus built on custom chassis over 20 years old - age is based on chassis production year.) State shall:
a. Provide fuel, oil, lubrication, batteries, tires and tubes, b. Repair, exchange or replace when necessary accessory motors, hoses, pumps, spotlights, sirens, fire extinguishers and all other accessories affixed to or supplied when said vehicles were accepted by the STATE for operation under Schedule A, excepting equipment or accessories not common to the use of the STATE and radio, installations originally provided by the LOCAL AGENCY. All such equipment provided and installed by the STATE shall become the property of the LOCAL AGENCY and the replaced equipment removed shall become the property of the STATE.
c. Make such reasonable repairs to said vehicles (not including painting.) as may be necessary to keep the vehicles in operating condition; provided, however, that the STATE may cease to make further repairs on any vehicles when the STATE determines that the repair costs during the period of this agreement shall exceed $10,000 for any one occurrence, or will exceed the market value of the vehicle. In the event the STATE determines that a vehicle is not fit for further use because of obsolescence, deterioration or damage, the STATE shall not be required to repair the vehicle or maintain it in use. Upon such determination, the STATE shall immediately so advise the LOCAL AGENCY, and the LOCAL AGENCY shall have the option of replacing said vehicle or STATE shall discontinue the particular service. 375
(LG1 REV. 01/2017)
Contractor Name: City of Soledad
Contract No: 4CA07726
Page No.:

EXHIBIT D, SCHEDULE D (page two)

LOCAL AGENCY OWNED

STATE MAINTAINED VEHICLES
(2) For all passenger and service vehicles for which a "Mileage Rate" is shown, STATE shall:
a. Provide fuel, oil, lubrication, batteries and tires and tubes. b. Make such reasonable repairs to said vehicles as may be necessary to keep the vehicles in operating condition provided, however, that the STATE may cease to make further repairs on any vehicles when the potential repair costs are not reasonable considering the vehicle age, market value and other pertinent factors.

Upon such determination, the STATE shall immediately so notify the LOCAL AGENCY and the LOCAL AGENCY shall have the option of replacing said vehicle or STATE shall discontinue the particular service. (3) For all vehicles listed under the heading "Flat Rate" or "Mileage Rate', LOCAL AGENCY shall assume accident repairs in excess of $2,000 per occurrence. (4) For all vehicles listed under the heading "Actual Cost", the STATE shall operate, maintain, and repair said vehicles at the STATE'S actual cost. (5) LOCAL AGENCY-owned vehicles to be maintained pursuant to this section are listed below by category and are described by year model, "Rate Letter" type, and license number.

Category Year Model Type License Number
33% Mileage Rate 2016 Ford F-450 4WD UB 1489939 - R4637 2011 Chevy Silverado 4WD PU 1346946 - T53
2022 Chevy Silverado 4WD PU 1639928 - B31
100% Flat Rate 2017 Smeal WUI 3-B-1 1535397 - E37
2009 HME 1871 SFO 3-B-1 1270091 - E137
2024 Smeal Ladder 3-B-1 1703409 - T37
2008 Ford F-250 4WD PU 1270081 - U37
376
(LG1 REV. 01/2017)
Contractor Name: City of Soledad
Contract No: 4CA07726
Page No.:

EXHIBIT D, SCHEDULE E
This is Schedule E of Cooperative Agreement originally dated July 1, 2026, by and between the CAL FIRE of the State of California and LOCAL AGENCY
NAME OF LOCAL AGENCY:City of Soledad
The CAL FIRE, State of California and its officers, agents, employees, and servants are included as additional insured for the purposes of this contract. The State shall receive thirty (30) days prior written notice of any cancellation or change to the policy at the addresses listed in LG1,