64 Normally Acceptable: Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special noise insulation requirements.
Conditionally Acceptable: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and needed noise insulation features are included in the design. Conventional construction, but with closed windows and fresh air supply systems or air conditioning will normally suffice.
Normally Unacceptable: New construction or development should be discouraged. If new construction or development does proceed, a detailed analysis of the noise reduction requirement must be made and needed noise insulation features included in the design.
Clearly Unacceptable: New construction or development generally should not be undertaken.
Source: State of California, Governor’s Office of Planning and Research, 2003. General Plan Guidelines.
City of Yuba City Municipal Code: Title 4, Chapter 17, Section 4-17.10(e) of the Yuba City Municipal Code prohibits the operation of noise‐generating construction equipment before 6:00 a.m. or after 9:00 p.m. daily, except Sunday and State or federal holidays when the prohibited time is before 8:00 a.m. and after 9:00 p.m.
3.13.6 Impact Assessment/Environmental Consequences:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies established in the local general plan or noise ordinance, or applicable standards of other agencies?
A temporary increase in noise will occur during construction of the subdivision followed by noise from the construction of the single-family residences. All of this will primarily occur during daylight hours, Monday through Saturday. Noise from construction activities would contribute to the noise environment in the immediate project vicinity. This could have an impact on existing nearby residences. Activities involved in construction could generate maximum noise levels, as indicated in Table 3, ranging from 79 to 91 dBA at a distance of 50 feet, without feasible noise control (e.g., mufflers) and ranging from 75 to 80 dBA at a distance of 50 feet, with feasible noise control. However, due to the limited duration of the construction activities, that the construction will occur during the less sensitive daylight hours, the noise effects from this activity are expected to be less than significant.
Table 3: Noise Levels of Typical Construction
Type of Equipment (1) dBA at 50 ft.
Without Feasible Noise Control (2) With Feasible Noise Control Dozer or Tractor 80 75
Excavator 88 80
Scraper 88 80
Front End Loader 79 75
Backhoe 85 75
Grader 85 75
Truck 91 75
(1) US Environmental Protection Agency. “Noise from Construction Equipment and Operations, Building Equipment and Home Appliances.” Figure IV.H‐4. 1971.
(2) Feasible noise control includes the use of intake mufflers, exhaust mufflers and engine shrouds operating in accordance with manufacturers specifications
65 Once constructed the residences are generally not considered to be significant noise generators. Also, the use of masonry perimeter walls will further reduce any noise impacts. Therefore, the residences are not expected in any significant way to raise the ambient noise levels in the surrounding residential neighborhood. For these reasons, adding new residences to a residential area is not expected to create any significant noise impacts.
Short-term noise impacts (and possibly some ground borne vibrations if site compaction is required prior to construction) can be expected resulting from site grading and construction activities. Constructionrelated noise impacts will be less than significant because adherence to City construction standards is required. These standards limit the hours of operation for construction and use of heavy machinery to daytime hours. Further the construction noise is of limited duration, further limiting any adverse impacts. b) Generation of excessive ground borne vibration or ground borne noise levels? Construction activity can result in varying degrees of ground vibration, depending on the equipment and methods employed. Operation of construction equipment causes ground vibrations that spread through the ground and diminish in strength with distance. Table 4 describes the typical construction equipment vibration levels.
Table 4: Typical Construction Levels
Equipment (1) VdB at 25 ft2
Small Bulldozer 58
Vibratory Roller 94
Jackhammer 79
Loaded Trucks 86
(1) US Environmental Protection Agency. “Noise from Construction Equipment and Operations, Building Equipment and Home Appliances.” Figure IV.H‐4. 1971.
Vibration levels of construction equipment in Table 4 are at a distance of 25 feet from the equipment. As noted above, construction activities are limited to daylight hours. Infrequent construction-related vibrations would be short-term and temporary, and operation of heavy-duty construction equipment would be intermittent throughout the day during construction. Therefore, with the short duration of grading activities associated with the Project, the approximate reduction of 6 VdB for every doubling of distance from the source, and consideration of the distance to the nearest existing residences, the temporary impact to any uses in the vicinity of the Project would be less than significant. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The Project is not located within two miles of the Sutter County Airport or the Yuba County Airport. Since the Project is not impacted by airport noise, there should be no potential for any significant impacts from the Sutter County or Yuba County Airports onto this site.
66 3.14 Population and Housing
Table 4-14: Population and Housing
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Induce substantial unplanned population growth in
an area, either directly (for example, by proposing
new homes and businesses) or indirectly (for
example, through extension of roads or other
infrastructure)?
X
b) Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
X
3.14.1 Environmental Setting/Affected Environment
The property is abutted on two sides by single-family residential subdivisions and on two sides by estate lots and small agricultural uses. The area has been converting from agricultural uses to urban residential uses in recent years as this area was designated by the General Plan years ago for single-family residential development and because full City services are available to the site.
3.14.2 Federal Regulatory Setting
There are no federal regulations, plans, programs, or guidelines associated with population or housing that are applicable to the proposed Project.
3.14.3 State Regulatory Setting
California law (Government Code Section 65580, et seq.) requires cities and counties to include a housing element as a part of their general plan to address housing conditions and needs in the community.
Housing elements are prepared approximately every eight years, following timetables set forth in the law.
The housing element must identify and analyze existing and projected housing needs and “make adequate provision for the existing and projected needs of all economic segments of the community,” among other requirements. The City recently adopted its current Housing Element.
3.14.4 Regional Regulatory Setting
State law mandates that all cities and counties offer a portion of housing to accommodate the increasing needs of regional population growth. The statewide housing demand is determined by the California Department of Housing and Community Development (HCD), while local governments and councils of governments decide and manage their specific regional and jurisdictional housing needs and develop a regional housing needs assessment (RHNA).
In the greater Sacramento region, which includes the City of Yuba City, SACOG has the responsibility of developing and approving an RHNA and a Regional Housing Needs Plan (RHNP) every eight years
67 (Government Code, Section 65580 et seq.). This document has a central role of distributing the allocation of housing for every county and city in the SACOG region. Housing needs are assessed for very low income, low income, moderate income, and above moderate households.2 As described above, SACOG is the association of local governments that includes Yuba City, along with other jurisdictions comprising the six counties in the greater Sacramento region. In addition to preparing the Metropolitan Transportation Plan and Sustainable Communities Strategy for the region, SACOG approves the distribution of affordable housing in the region through its RHNP. SACOG also assists in planning for transit, bicycle networks, clean air and serves as the Airport Land Use Commission for the region.3
3.14.5 Impact Assessment/Environmental Consequences:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
The proposed Project will create 34 single-family residences in an area transitioning from agricultural uses to residential uses. Residential development was planned for this area for at least 30 years by both Sutter County and Yuba City. As this is mostly an infill project this Project will not induce unplanned growth to the area. As a result, it does not have the potential to create any significant impacts from unplanned growth.
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
The proposed Project will result in the demolition of one existing residence. This loss is not considered to be a significant impact as the loss would be off-set by the development of 34 single-family residences.
2 Sacramento Area Council of Governments. 2012. Regional Needs Housing Plan 2013-2021. Adopted September 20, 2012.
3 Sacramento Area Council of Governments. 2017. About SACOG. SACOG website. Available: http://www.sacog.org/about/.
Accessed July 25, 2017.
68 3.15 Public Services
Table 3.15: Public Services
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered government
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times
or other performance objectives for any of the
public services:
i) Fire protection? X
ii) Police protection? X
iii) Schools? X
iv) Parks? X
v) Other public facilities? X
3.15.1 Environmental Setting/Affected Environment
Law enforcement for the proposed new housing will be provided by the Yuba City Police Department. Fire protection is provided by the Yuba City Fire Department. Nearby parks and other urban services that will be utilized by new residents, including streets, water, and sewer. Stormwater drainage will also be provided by Yuba City.
3.15.2 Federal Regulatory Setting
National Fire Protection Association: The National Fire Protection Association (NFPA) is an international nonprofit organization that provides consensus codes and standards, research, training, and education on fire prevention and public safety. The NFPA develops, publishes, and disseminates more than 300 such codes and standards intended to minimize the possibility and effects of fire and other risks. The NFPA publishes the NFPA 1, Uniform Fire Code, which provides requirements to establish a reasonable level of fire safety and property protection in new and existing buildings.
3.15.3 State Regulatory Setting
California Fire Code and Building Code: The 2013 California Fire Code (Title 24, Part 9 of the California Code of Regulations) establishes regulations to safeguard against hazards of fire, explosion, or dangerous conditions in new and existing buildings, structures, and premises. The Fire Code also establishes requirements intended to provide safety and assistance to fire fighters and emergency responders during emergency operations. The provision of the Fire Code includes regulations regarding fire-resistance rated construction, fire protection systems such as alarm and sprinkler systems, fire service features such as fire
69 apparatus access roads, fire safety during construction and demolition, and wildland urban interface areas.
California Health and Safety Code (HSC): State fire regulations are set forth in Sections 13000 et seq. of the California HSC, which includes regulations for building standards (as set forth in the CBC), fire protection and notification systems, fire protection devices such as extinguishers, smoke alarms, childcare facility standards, and fire suppression training.
California Master Mutual Aid Agreement: The California Master Mutual Aid Agreement is a framework agreement between the State of California and local governments for aid and assistance by the interchange of services, facilities, and equipment, including but not limited to fire, police, medical and health, communication, and transportation services and facilities to cope with the problems of emergency rescue, relief, evacuation, rehabilitation, and reconstruction.
3.15.4 Impact Assessment/Environmental Consequences:
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
Fire Protection: The Fire Department reviewed the proposal and did not express concerns. Since all new housing development pays development impact fees intended to offset the cost of additional fire facilities and equipment costs resulting from this growth, the impacts on fire services will be less than significant.
Police Protection: The Police Department reviewed the proposal and did not express concerns. Since all new housing development pays impact fees that intended to offset the cost of additional police facilities and equipment resulting from this growth the impacts on police services will be less than significant.
Schools: New residences will pay the Yuba City Unified School District adopted school impact fees that are intended to provide the new resident’s fair share for expanded or new educational facilities needed to accommodate this new growth. Therefore, the impact on schools will be less than significant.
Parks: The City charges a park impact fee for each new residence that is utilized to purchase parkland and construct new parks. Therefore, the impact on parks from this Project will be less than significant.
Other Public Facilities: The Project will be connected to City water and wastewater systems. Each new residential connection to those systems must pay connection fees that are utilized for expansion of the respective treatment plants. The City also collects impact fees for County services that are provided to the new residences, such as the library system and justice system.
Accordingly, the Project will have a less than significant impact regarding the provision of public services.
Regarding the proposed pre-annexation rezoning, there are several criteria that involve funding of public services, both from a capital improvement perspective and an infrastructure maintenance standpoint.
The elimination of these criteria does not have potential to create any impacts on the provision and maintenance of services as these criteria have since been superseded by citywide standards and project conditions. Therefore there will be no impact on the provision of City services.
70 3.16 Recreation
Table 3-16: Recreation
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
X
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities which might have an adverse
physical effect on the environment?
X
3.16.1 Environmental Setting/Affected Environment
Yuba City has 22 City-owned parks and recreational areas, managed by the City’s Parks and Recreation Department. This consists of four community parks, 15 neighborhood parks, and three passive or mini parks.
3.16.2 Federal Regulatory Setting
There are no federal regulations regarding parks and open space that are applicable to the proposed Project.
3.16.3 State Regulatory Setting
State Public Park Preservation Act: The primary instrument for protecting and preserving parkland is the Public Park Preservation Act of 1971. Under the PRC section 5400-5409, cities and counties may not acquire any real property that is in use as a public park for any non-park use unless compensation or land, or both, are provided to replace the parkland acquired. This provides no net loss of parkland and facilities.
Quimby Act: California Government Code Section 66477, referred to as the Quimby Act, permits local jurisdictions to require the dedication of land and/or the payment of in-lieu fees solely for park and recreation purposes. The required dedication and/or fee are based upon the residential density and housing type, land cost, and other factors. Land dedicated and fees collected pursuant to the Quimby Act may be used for developing new or rehabilitating existing park or recreational facilities.
3.16.4 Local Regulatory Setting
The Yuba City General Plan and the City’s Parks Master Plan provide a goal of providing 5 acres of public parkland per 1,000 residents, while it also requires 1 acre of Neighborhood Park for every 1,000 residents.
The City’s development impact fee program collects fees for new development which is allocated for the acquisition and development of open space in the City.
71 3.16.5 Impact Assessment/Environmental Consequences:
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? The 34 new residences that will be constructed as a result of this subdivision will incrementally increase the use of City parks. However, for each new residence development impact fees for new or expanded parks and recreation facilities will be paid. These fees will mitigate any incremental impacts on recreational facilities.
The rezoning that will eliminate the criteria for funding recreational facilities, but will have no impact as this criterion has been superseded by citywide development impact fees. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The Project does not propose any new or expanded recreational uses.
3.17 Transportation/Traffic
Table 4-17: Transportation Recreation
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
T
Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including
transit, roadway, bicycle, and pedestrian facilities?
X
b) Would the project conflict or be inconsistent with
CEQA Guidelines section 15064.3 subdivision (b)? X
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
X
d) Result in inadequate emergency access? X
3.17.1 Federal Regulatory Setting
Federal Highway Administration: FHWA is the agency of the U.S. Department of Transportation (DOT) responsible for the Federally funded roadway system, including the interstate highway network and portions of the primary State highway network. FHWA funding is provided through the Safe, Accountable, Flexible, Efficiency Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA- LU can be used to fund local transportation improvement projects, such as projects to improve the efficiency of existing roadways, traffic signal coordination, bikeways, and transit system upgrades.
Several federal regulations govern transportation issues. They include:
72 ▪ Title 49, CFR, Sections 171-177 (49 CFR 171-177), governs the transportation of hazardous materials, the types of materials defined as hazardous, and the marking of the transportation vehicles.
▪ Title 49 CFR 350-399, and Appendices A-G, Federal Motor Carrier Safety Regulations, address safety considerations for the transport of goods, materials, and substances over public highways.
3.17.2. State Regulatory Setting
The measurement of the impacts of a project’s traffic is set by the CEQA Guidelines. Section 15064.3 of the Guidelines states that vehicle miles traveled (VMT) is the most appropriate measure of transportation impacts. VMT is a metric which refers to the amount of distance of automobile traffic that is generated by a project. Per the Guidelines “Vehicle miles traveled exceeding an applicable threshold of significance may indicate a significant impact.” “Projects that decrease vehicle miles traveled compared to existing conditions should be presumed to have a less than significant environmental impact.” The CEQA Guidelines also states that the lead agency (Yuba City) may “choose the most appropriate methodology to evaluate a project’s vehicle miles traveled …”. As this is a new form of calculating significant traffic events, the City has not yet determined its own methodology to calculate levels of significance for VMT. Until that methodology is determined, for purposes of this initial study the information provided by the Sacramento Council of Governments (SACOG) and the CA Office of Planning and Research is utilized. A review of these studies indicates several factors that may be utilized for determining levels of significance. One is that if the project will generate less than 110 vehicle trips per day, it is assumed that with the small size of the project, the impact is less than significant. A second criteria is that for a project, on a per capita or per employee basis, the VMT will be at least 15 percent below that of existing development is a reasonable threshold for determining significance.
As this is a new methodology, future projects may utilize different criterion as they become available.
3.17.3. Local Regulatory Setting
The Yuba City General Plan Transportation Element has policies regulating all mode of transportation and related activities. Specifically, there are Implementing Policies regarding Traffic Levels of Service that are relevant to project review process:
5.2-I-12 Develop and manage the roadway system to obtain LOS D or better for all major roadways and intersections in the City. This policy does not extend to residential streets (i.e., streets with direct driveway access to homes) or bridges across the Feather River nor does the policy apply to state highways and their intersections, where Caltrans policies apply. Exceptions to LOS policy may be allowed by the City Council in areas, such as downtown, where allowing a lower LOS would result in clear public benefits. Specific exceptions granted by the Council shall be added to the list of exceptions below:
• SR 20 (SR 99 to Feather River Bridge) – LOS F is acceptable; • SR 20 (Feather River Bridge) – LOS F is acceptable;
• Bridge Street (Twin Bridges across the Feather River) – LOS F is acceptable; • Lincoln Road (New bridge across the Feather River) - LOS F is acceptable.
73 No new development will be approved unless it can be shown that required level of service can be maintained on the affected roadways.
5.2-I-13 Develop and manage residential streets (i.e., streets with direct driveway access to homes) to limit average daily traffic volumes to 2,500 or less and 85th percentile speeds to 25 miles per hour or less.
5.2-I-14 Require traffic impact studies for all proposed new developments that will generate significant amounts of traffic.
Specific thresholds will be based on location and project type, and exceptions may be granted where traffic studies have been completed for adjacent development.
5.2-I-15 Improve intersections as needed to maintain LOS standards and safety on major arterials.
3.17.4. Impact Assessment/Environmental Consequences:
a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities?
The General Plan polices cited above require that General Plan level streets and intersections maintain adequate levels of service (LOS D or better is considered adequate level). In this case the Project will create a new intersection onto Tuly Parkway, which is designated in the General Plan as a four-lane parkway, and onto Bradley Estates Drive, which is designated as a collector street. Also impacted by the Project will be Blevin Road, which is also designated as a collector street, and a new connection with Elmer Avenue, a local street, will also be created. A traffic study was prepared for the Project (Wood Rodgers, Thiara Estates Traffic Operations Memorandum, dated November 30, 2022) to analyze the Projects impacts on these streets (a copy of the full study is attached to the environmental assessment which is part of this packet). Of primary concern was the impacts the Project would have on the Elmer Avenue/Butte House Road and Blevins Road/Butte House Road intersections. The study concluded that upon completion of the Project,the LOS at those intersections will remain at LOS D or better. This remains the case even under the cumulative scenario which projects traffic levels to 2035. As such, the Project’s impacts on the street segments and intersections discussed above are consistent with General Plan policies and thus the impacts will be less than significant. b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3 subdivision (b)? This CEQA section describes specific considerations for evaluating a project’s transportation impacts in terms of Vehicle Miles Traveled (VMT). SACOG, in “Technical Advisory: On Evaluating Transportation Impacts in CEQA” provides two criteria for which if the project meets either of them, the traffic impacts are considered less than significant. One criterion is that the project generates less than 110 vehicle trips per day is considered to be less than a significant impact. The Project will exceed this criterion, so it is not further considered in this review. The second criterion is that if a project, on a per capita or per employee basis, the VMT will be at least 15 percent below that of existing development is a reasonable threshold for determining significance. SACOG also has released a draft document (SB 743 regional screening maps) that provides mapping data indicating the average miles traveled for different areas within and around Yuba City. The range of the categories are:
74 Less than 50% of regional average.
50-85% of regional average.
85-100% of the regional average.
115-150% of the regional average.
More than 150% of the regional average.
Per the SACOG maps for this area, the estimated average vehicle distance traveled per residence is in the 50-85% range of the norm. In other words, per the SACOG regional screening maps, this subdivision is located in an area that meets the 15 percent vehicle trip reduction criteria. Thus, the transportation impacts from this subdivision is consistent with CEQA Guidelines Section 15063.4(b) and it follows that the traffic impacts generated by this Project are considered to be less than significant. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Based on the traffic study discussed in part a) above, Project access, site internal circulation, and emergency access are adequate. Therefore any increase in traffic hazards associated with this Project are considered to be less than significant.
d) Result in inadequate emergency access?
The Fire Department and Police Departments have reviewed the Project plans, which includes two access points into the subdivision. As such, the Fire Department and Police Department did not comment on the Project has determined that it meets all City standards. The traffic study prepared for the Project also confirmed that emergency access is considered adequate, and therefore less than a significant impact.
75 3.18 Tribal Cultural Resources
Table 3-18: Tribal Cultural Resources
Would the project: Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Would the project cause of substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in Public
Resources Code section 5020.1(k), or
X
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.
X
3.18.1 Environmental Setting/Affected Environment
This section describes the affected environment and regulatory setting for Tribal Cultural Resources (TCRs). The following analysis of the potential environmental impacts related to TCRs is derived primarily from the Environmental Impact Report for the City of Yuba City General Plan (2004) and consultation record with California Native American tribes under Assembly Bill 52 and Senate Bill 18.
3.18.2 Federal Regulatory Setting
National Historic Preservation Act of 1966 (as amended), Section 106: The significance of cultural resources is evaluated under the criteria for inclusion in the National Register of Historic Places (NRHP), authorized under the National Historic Preservation Act of 1966, as amended. The criteria defined in 36 CFR 60.4 are as follows:
The quality of significance in American history, architecture, archaeology, and culture is present in districts, sites, buildings, structures, and objects of state and local importance that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:
▪ That are associated with events that have made a significant contribution to the broad patterns of our history; or
▪ That are associated with the lives of persons significant in our past; or
76 ▪ That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or ▪ That have yielded, or may be likely to yield, information important to prehistory or history.
Sites listed or eligible for listing on the NRHP are considered to be historic properties. Sites younger than 50 years, unless of exceptional importance, are not eligible for listing in the NRHP.
3.18.3 State Regulatory Setting
Assembly Bill 52: Effective July 1, 2015, Assembly Bill 52 (AB 52) amended CEQA to require that: 1) a lead agency provide notice to any California Native American tribes that have requested notice of projects proposed by the lead agency; and 2) for any tribe that responded to the notice within 30 days of receipt with a request for consultation, the lead agency must consult with the tribe. Topics that may be addressed during consultation include TCRs, the potential significance of project impacts, type of environmental document that should be prepared, and possible mitigation measures and project alternatives.
Pursuant to AB 52, Section 21073 of the Public Resources Code defines California Native American tribes as “a Native American tribe located in California that is on the contact list maintained by the NAHC for the purposes of Chapter 905 of the Statutes of 2004.” This includes both federally and non-federally recognized tribes.
Section 21074(a) of the Public Resource Code defines TCRs for the purpose of CEQA as:
1) Sites, features, places, cultural landscapes (geographically defined in terms of the size and scope), sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
a. included or determined to be eligible for inclusion in the California Register of Historical Resources; and/or
b. included in a local register of historical resources as defined in subdivision (k) of Section 5020.1; and/or
c. a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe.
Because criteria a and b also meet the definition of a Historical Resource under CEQA, a TCR may also require additional consideration as a Historical Resource. TCRs may or may not exhibit archaeological, cultural, or physical indicators.
Recognizing that California tribes are experts in their TCRs and heritage, AB 52 requires that CEQA lead agencies initiate consultation with tribes at the commencement of the CEQA process to identify TCRs.
Furthermore, because a significant effect on a TCR is considered a significant impact on the environment under CEQA, consultation is required to develop appropriate avoidance, impact minimization, and mitigation measures.
77 3.18.4 Cultural Setting
The Nisenan (also referred to as Southern Maidu) inhabited the General Plan area prior to large-scale European and Euroamerican settlement of the surrounding area. Nisenan territory comprised the drainages of the Yuba, Bear, and American Rivers, and the lower drainages of the Feather River. The Nisenan, together with the Maidu and Konkow, their northern neighbors, form the Maiduan language family of the Penutian linguistic stock (Shipley 1978:89). Kroeber (1976:392) noted three dialects:
Northern Hill Nisenan, Southern Hill Nisenan, and Valley Nisenan. Although cultural descriptions of this group in the English language are known from as early as 1849, most of our current cultural knowledge comes from various anthropologists in the early part of the 20th century (Levy 1978:413; Wilson and Towne 1978:397).
The basic subsistence strategy of the Nisenan was seasonally mobile hunting and gathering. Acorns, the primary staple of the Nisenan diet, were gathered in the valley along with seeds, buckeye, salmon, insects, and a wide variety of other plants and animals. During the warmer months, people moved to mountainous areas to hunt and collect food resources, such as pine nuts. Bedrock and portable mortars and pestles were used to process acorns. Nisenan settlement patterns were oriented to major river drainages and tributaries. In the foothills and lower Sierra Nevada, Nisenan located their villages in large flats or ridges near major streams. These villages tended to be smaller than the villages in the valley. (Wilson and Towne 1978:389–390.)
Trade provided other valuable resources that were not normally available in the Nisenan environment.
The Valley Nisenan received black acorns, pine nuts, manzanita berries, skins, bows, and bow wood from the Hill Nisenan to their east, in exchange for fish, roots, grasses, shells, beads, salt, and feathers (Wilson and Towne 1978). To obtain, process, and utilize these material resources, the Nisenan had an array of tools to assist them. Wooden digging sticks, poles for shaking acorns loose, and baskets of primarily willow and redbud were used to gather vegetal resources. Stone mortars and pestles were used to process many of the vegetal foods; baskets, heated stones, and wooden stirring sticks were used for cooking. Basalt and obsidian were primary stone materials used for making knives, arrow and spear points, clubs, arrow straighteners, and scrapers. (Wilson and Towne 1978.) Nisenan settlement locations depended primarily on elevation, exposure, and proximity to water and other resources. Permanent villages were usually located on low rises along major watercourses. Village size ranged from three houses to 40 or 50 houses. Larger villages often had semi-subterranean dance houses that were covered in earth and tule or brush and had a central smoke hole at the top and an entrance that faced east (Wilson and Towne 1978:388). Early Nisenan contact with Europeans appears to have been limited to the southern reaches of their territory. Spanish expeditions intruded into Nisenan territory in the early 1800s. In the two or three years following the gold discovery, Nisenan territory was overrun by immigrants from all over the world. Gold seekers and the settlements that sprang up to support them were nearly fatal to the native inhabitants. Survivors worked as wage laborers and domestic help and lived on the edges of foothill towns. Despite severe depredations, descendants of the Nisenan still live in their original land area and maintain and pass on their cultural identity.
3.18.5 Summary of Native American Consultation
In response to AB 52, the City supplied the following Native American tribes with a Project description and map of the proposed Project area and a request for comments:
▪ United Auburn Indian Community of the Auburn Rancheria ▪ Yocha Dehe Wintun Nation
78 ▪ Estom Yomeka Maidu Tribe of the Enterprise Rancheria ▪ Mechoopda Indian Tribe
▪ Pakan’yani Maidu of Strawberry Valley
▪ Mooretown Rancheria of Maidu Indians
▪ Ione Band of Miwok Indians
3.18.6 Thresholds of Significance
AB 52 established that a substantial adverse change to a TCR has a significant effect on the environment.
The thresholds of significance for impacts to TCRs are as follows:
Would the Project cause a substantial adverse change to a TCR, defined in Section 21074 as sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a Native American tribe that are:
▪ Included or determined to be eligible for inclusion in the California Register of Historical Resources;
▪ Included in a local register of historical resources as defined in subdivision k of Section 5010.1; and/or
▪ Determined by the City to be significant, as supported by substantial evidence, including:
o A cultural landscape with a geographically defined boundary; o A historical resource as described in Section 21084.1 (either eligible for or listed on the California Register of Historical Resources or listed on a local registry); o A unique archaeological resource as defined in Section 21083.2; and/or o A non-unique archaeological resource as defined in Section 21083.2.
In assessing substantial adverse change, the City must determine whether or not the project will adversely affect the qualities of the resource that convey its significance. The qualities are expressed through integrity. Integrity of a resource is evaluated with regard to the retention of location, design, setting, materials, workmanship, feeling, and association [CCR Title 14, Section 4852(c)]. Impacts are significant if the resource is demolished or destroyed or if the characteristics that made the resource eligible are materially impaired [CCR Title 14, Section 15064.5(a)]. Accordingly, impacts to a TCR would likely be significant if the project negatively affects the qualities of integrity that made it significant in the first place. In making this determination, the City need only address the aspects of integrity that are important to the TCR’s significance.
3.18.7 Impact Assessment/Environmental Consequences:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k).
There is an existing residence on the property, that will be removed as part of the development of the property. However, the residence does not appear to be old enough to be of historical significance, nor does the EIR prepared for the General Plan update identify it as historically significant. Therefore, the potential impact on any historical resource will be less than significant.
79 b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1.
In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
The 8.19-acre property that will be developed has been utilized for many years as an orchard and a singlefamily residence. The City solicited consultation with culturally affiliated California Native American tribes (regarding the proposed project in accordance with SB 18 and AB 52. The Unite Auburn Indian Community responding to the City’s request stated that the property is not sensitive for tribal cultural resources. But it remains possible that Tribal Cultural Resources could remain on the property. As such, the Unanticipated Discoveries” mitigation is applied to this project. With this mitigation measure, the impact on cultural resources will be less than significant.
3.18.8 Tribal Cultural Mitigation Measures
Tribal Cultural Resources Mitigation 1: Unanticipated Discoveries: If potential tribal cultural resources (TCRs) are discovered during ground disturbing construction activities, all work shall cease within 100 feet of the find (or an appropriate distance based on the apparent distribution of the TCR).
A qualified cultural resources specialist meeting the Secretary of Interior’s Professional Qualifications Standards for Archaeology, as well as Native American Representatives from traditionally and culturally affiliated Native American Tribes that have engaged in consultation for the project will be invited to assess the significance of the find and make recommendations for further evaluation and treatment as necessary. Culturally appropriate treatment may include, but is not limited to, processing materials for reburial, minimizing handling of cultural objects, leaving objects in place within the landscape, or returning objects to a location within the project area where they will not be subject to future impacts. The United Auburn Indian Community of the Auburn Rancheria (Tribe) does not consider curation of TCR’s to be appropriate or respectful and request that materials not be permanently curated, unless requested by the Tribe.
The types of treatment preferred by UAIC that protects, preserves, or restores the integrity of a TCR may include Tribal Monitoring, or recovery of cultural objects, and reburial of cultural objects or cultural soil that is done in a culturally appropriate manner. Recommendations of the treatment of a TCR will be documented in the project record. For any recommendations made by traditionally and culturally affiliated Native American Tribes that are not implemented, a justification for why the recommendation was not followed will be provided in the project record.
If articulated or disarticulated human remains are discovered during ground disturbing construction activities or ground disturbing activities, all work shall cease within 100 feet of the find, and the provisions provided in the Health and Safety Code Section 7054 shall apply. If the remains are determined by the County Coroner to be human and that of a Native American, then Public Resources Code 5097.98, 5097.99. 5097.991, and compliance with the provisions of CEQA Guidelines Section 15064.5(e)(1) and (2) shall be implemented.
80 3.19 Utilities and Service Systems
Table 3-19: Utilities and Service Systems
Would the project: Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Require or result in the relocation or construction
of new or expanded water or wastewater
treatment or storm drainage, electric power,
natural gas, or telecommunications facilities, the
construction or relocation of which could cause
significant environmental effects?
X
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry, and multiple dry
years?
X
c) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?
X
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment
of solid waste reduction goals?
X
e) Comply with federal, state, and local management
and reduction statutes and regulations related to
solid waste?
X
3.19.1 Environmental Setting/Affected Environment
Wastewater:
Yuba City owns, operates, and maintains the wastewater collection, treatment, and disposal system that provides sewer service to over 60,000 residents and numerous businesses. The remainder of the residents and businesses in the Yuba City Sphere of Influence (SOI) are currently serviced by private septic systems.
In the early 1970s, the City’s original sewage treatment plant was abandoned, and the current Wastewater Treatment Facility (WWTF) was constructed.
Water:
The water supply source for the City is surface water from the Feather River with use of a backup groundwater well. The City of Yuba City is a public water agency with approximately 18,045 connections.
City policy only allows areas within the City limits to be served by the surface water system.
Reuse and Recycling:
Solid waste generated in Yuba City is collected by Recology Yuba-Sutter. Recology offers residential, commercial, industrial, electronic, and hazardous waste collection, processing, recycling, and disposal, as well as construction and demolition waste processing, diversion, and transfer to a disposal facility. The
81 City’s municipal solid waste is delivered to the Ostrom Road Landfill; a State-permitted solid waste facility that provides a full range of transfer and diversion services. As of June 2021, the Recology Ostrom Road Landfill Remaining Site Net Airspace is 33,764,000 cy; and has a remaining capacity of 21,297,000 tons; and remaining landfill service life is 53 years.
3.19.2 Federal Regulatory Setting
National Pollutant Discharge Elimination System: Discharge of treated wastewater to surface water(s) of the U.S., including wetlands, requires an NPDES permit. In California, the RWQCB administers the issuance of these federal permits. Obtaining a NPDES permit requires preparation of detailed information, including characterization of wastewater sources, treatment processes, and effluent quality. Any future development that exceeds one acre in size would be required to comply with NPDES criteria, including preparation of a Stormwater Pollution Prevention Plan (SWPPP) and the inclusion of BMPs to control erosion and offsite transport of soils.
3.19.3 State Regulatory Setting
State Water Resources Control Board (SWRCB): Waste Discharge Requirements Program. State regulations pertaining to the treatment, storage, processing, or disposal of solid waste are found in Title 27, CCR, Section 20005 et seq. (hereafter Title 27). In general, the Waste Discharge Requirements (WDRs) Program (sometimes also referred to as the “Non-Chapter 15 (Non 15) Program”) regulates point discharges that are exempt pursuant to Subsection 20090 of Title 27 and not subject to the Federal Water Pollution Control Act. Exemptions from Title 27 may be granted for nine categories of discharges (e.g., sewage, wastewater, etc.) that meet, and continue to meet, the preconditions listed for each specific exemption. The scope of the WDRs Program also includes the discharge of wastes classified as inert, pursuant to Section 20230 of Title 27. Several programs are administered under the WDR Program, including the Sanitary Sewer Order and recycled water programs.
Department of Resources Recycling and Recovery (CalRecycle): The Department of Resources Recycling and Recovery (CalRecycle) is the State agency designated to oversee, manage, and track the 76 million tons of waste generated each year in California. CalRecycle develops laws and regulations to control and manage waste, for which enforcement authority is typically delegated to the local government. The board works jointly with local government to implement regulations and fund programs.
The Integrated Waste Management Act of 1989 (PRC 40050 et seq. or Assembly Bill (AB 939, codified in PRC 40000), administered by CalRecycle, requires all local and county governments to adopt a Source Reduction and Recycling Element to identify means of reducing the amount of solid waste sent to landfills.
This law set reduction targets at 25 percent by the year 1995 and 50 percent by the year 2000. To assist local jurisdictions in achieving these targets, the California Solid Waste Reuse and Recycling Access Act of 1991 requires all new developments to include adequate, accessible, and convenient areas for collecting and loading recyclable and green waste materials.
Regional Water Quality Control Boards: The primary responsibility for the protection of water quality in California rests with the State Water Resources Control Board (State Board) and nine Regional Water Quality Control Boards. The State Board sets statewide policy for the implementation of state and federal laws and regulations. The Regional Boards adopt and implement Water Quality Control Plans (Basin Plans), which recognize regional differences in natural water quality, actual and potential beneficial uses, and water quality problems associated with human activities.
82 National Pollutant Discharge Elimination System (NPDES) Permit: As authorized by the Clean Water Act (CWA), the National Pollutant Discharge Elimination System (NPDES) Permit Program controls water pollution by regulating point sources that discharge pollutants into water of the United States. In California, it is the responsibility of Regional Water Quality Control Boards (RWQCB) to preserve and enhance the quality of the state’s waters through the development of water quality control plans and the issuance of waste discharge requirements (WDRs). WDRs for discharges to surface waters also serve as NPDES permits.
California Department of Water Resources: The California Department of Water Resources (DWR) is a department within the California Resources Agency. The DWR is responsible for the State of California's management and regulation of water usage.
3.19.4 Impact Assessment/Environmental Consequences:
a) Require or result in the relocation or construction of new or expanded water or wastewater treatment or storm drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? The Project will connect to both the City’s water and wastewater treatment systems. The Yuba City Wastewater Treatment Facility (WWTF) has available capacity to accommodate new growth. The WWTF current permitted capacity is 10.5 mgd (annual average dry weather flow). The existing average influent flow to the WWTF is approximately 6 mgd. The remaining treatment capacity at the WWTF can be used to accommodate additional flow from the future developments.
The City’s Water Treatment plant (WTP), for which its primary source of water is from the Feather River, also has adequate capacity to accommodate this Project. The WTP uses two types of treatment systems, conventional and membrane treatment. The permitted capacity of the conventional WTP is 24 million gallons per day (mgd). The membrane treatment system has a permitted capacity of 12 mgd. Water produced from the conventional and the membrane treatment plants are blended for chlorine disinfection. Operating the conventional and membrane treatment facilities provides a total WTP capacity of 36 mgd. The City is permitted to draw 30 mgd from the Feather River. The current maximum day use is 26 mgd. The City also has an on-site water well at the water plant that supplements the surface water when needed.
Both facilities have adopted master plans to expand those plants to the extent that they will accommodate the overall growth of the City.
The ongoing expansions of those plants to accommodate growth beyond this project are funded by the connection fees paid by each new connection. Therefore, the impact on the water and wastewater treatment facilities will be less than significant.
Stormwater drainage in this area is provided by Yuba City drainage lines. Subject to the subdivision’s conditions of approval, the local stormwater drainage system has been determined to be able to accommodate the additional drainage generated by this Project. Further, the Project will be responsible to pay the fees to the drainage district that mitigates the Project’s impacts on the system. Thus, the impacts on the stormwater drainage system will be less than significant.
The rezoning that will eliminate the criteria for funding public facilities and services, such as water, sewer,
83 and drainage will have no impact as these criteria have been superseded by citywide development impact fees and connection fees.
The extension of electric power facilities, natural gas facilities and telecommunication facilities to this property are provided by private companies, none of which have voiced concerns over the extensions of their services to this Project site. With these considerations the impact on these types of facilities are expected to be less than significant.
c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
See Parts a) and b), above.
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. e) Comply with federal, state, and local statutes and regulations related to solid waste? Recology Yuba-Sutter provides solid waste disposal for the area as well as for all of Sutter and Yuba Counties. There is adequate collection and landfill capacity to accommodate the proposed development.
3.20 Wildfire
Table 3-20: Wildfire
If located in or near state responsibility areas or
lands classified as very high fire hazard severity
zones, would the project:
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan? X
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
X
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines
or other utilities) that may exacerbate fire risk
or that may result in temporary or ongoing
impacts to the environment?
X
d) Expose people or structures to significant risks,
including downslope or downstream flooding
or landslides, as a result of runoff, post-fire
slope instability, or drainage changes?
X
84 3.20.1 Environmental Setting/Affected Environment
Wildland fires are an annual hazard in Sutter County, particularly in the vicinity of the Sutter Buttes, and, to a lesser degree due to urbanized development, Yuba City. Wildland fires burn natural vegetation on undeveloped lands and include rangeland, brush, and grass fires. Long, hot, and dry summers with temperatures often exceeding 100°F add to the County’s fire hazard. Human activities are the major causes of wildland fires, while lightning causes the remaining wildland fires. Irrigated agricultural areas, which tend to surround Yuba City, are considered a low hazard for wildland fires.
The California Department of Forestry and Fire Protection’s Fire and Resource Assessment Program identifies fire threat based on a combination of two factors: 1) fire frequency, or the likelihood of a given area burning, and 2) potential fire behavior (hazard). These two factors are combined in determining the following Fire Hazard Severity Zones: Moderate, High, Very High, Extreme. These zones apply to areas designated as State Responsibility Areas – areas in which the State has primary firefighting responsibility.
The project site is not within a State Responsibility Area and therefore has not been placed in a Fire Hazard Severity Zone.
3.20.2 Impact Assessment/ Environmental Consequences
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? As discussed in Section 3.17 of this Initial Study, Project construction is not expected to substantially obstruct emergency vehicles or any evacuations that may occur in the area. Project operations likewise would not obstruct any roadways. Therefore, the impacts of the Project related to emergency response or evacuations will be less than significant.
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? The Project site is in a level area within the City urban area with little, if any, native vegetation remaining, and the urban area is surrounded by irrigated farmland. This type of environment is generally not subject to wildfires. In light of this, the exposure of new residents to wildfire is less than significant. c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
As discussed above, the site is not near any wildland areas and the Project itself will not create any improvements that potentially could generate wildfire conditions. As such the Project will not be constructing or maintaining wildfire related infrastructure such as fire breaks, emergency water sources, etc. Thus, the Project will not create any potential significant impacts that could result from these types of improvements.
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? The Project site is in a topographically flat area. There are no streams or other channels that cross the site. As such, it is not expected that people or structures would be exposed to significant risks from
85 changes resulting from fires in steeper areas, including downslope or downstream flooding or landslides.
Impacts of the Project related to these issues will be less than significant.
3.21 Mandatory Findings of Significance
Table 3.21: Mandatory Findings of Significance
Would the Project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Does the project have the potential to substantially degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate
a plant or animal community, substantially reduce
the number, or restrict the range of a rare or
endangered plant or animal or eliminate important
example of the major periods of California history
or prehistory?
X
b) Have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects
of a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects, and the effects of
probable future projects)
X
c) Have environmental effects, which will cause
substantial adverse effects on human beings,
either directly or indirectly?
X
3.21.1 Impact Assessment/Environmental Consequences:
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number, or restrict the range of a rare or endangered plant or animal or eliminate important example of the major periods of California history or prehistory? The land was stripped many years ago of native vegetation for agricultural uses and there are no on-site or nearby waterways or wetland areas. Therefore the construction of these 34 single-family residences will not significantly degrade the quality of the natural environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate an important example of the major periods of California history or prehistory.
86 The analysis conducted in this Initial Study/Mitigated Negative Declaration results in a determination that the proposed Project, with its mitigation measures, will have a less than significant effect on the local environment.
b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)
CEQA Guidelines Section 15064(i) states that a Lead Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the project are cumulatively considerable. The assessment of the significance of the cumulative effects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects.
This Project is consistent with the residential densities and policies of the General Plan. As such the traffic that will be generated is within the range of what was anticipated in the General Plan which considered anticipated future growth of the area. The City has adequate water and wastewater capacity and the Project will be extending those services to the site. Stormwater drainage will also meet all City standards.
The City has good development and design standards that will be applied to the subdivision. The loss of agricultural land is cumulative but based on City and County agricultural protection program, the loss is limited to within the urban areas of the City, which is a minor portion of the entire County. The school district has not indicated that they lack capacity to provide proper educational facilities to the new students. The FRAQMD also did not comment that the Project would create any significant cumulative impacts on air quality. Therefore, there are no significant impacts that will be individually limited but cumulatively considerable.
c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly?
The proposed Project in and of itself will not create a significant hazard to the public or the environment.
Construction-related air quality, noise, and hazardous materials exposure impacts would occur for a very short period and only be a minor impact during that time period. Therefore, the proposed Project would not have any direct or indirect significant adverse impacts on humans.
87 4. Section References and/or Incorporated by Reference According to Section 15150 of the CEQA Guidelines, an ND may incorporate by reference all or portions of another document that is a matter of public record. The incorporated language will be considered to be set forth in full as part of the text of the ND. All documents incorporated by reference are available for review at, or can be obtained through, the City of Yuba City Development Services Department located at the address provided above. The following documents are incorporated by reference:
Wood Rodgers, Thiara Estates Traffic Operations Memorandum, dated November 30, 2022.
Fehr & Peers, Inc. September 2020. SB 743 Implementation Guidelines for City of Yuba City.
Governor’s Office of Planning and Research, November 2017. Technical Advisory on Evaluating Transportation Impacts in CEQA.
Sacramento Area Council of Governments. Hex Maps. Work VMT-2020 MTP/SCS (Adopted).
California Department of Conservation, Division of Land Resource Protection (CDC DLRP). 2014. Farmland Mapping and Monitoring Program – Sutter County Important Farmland 2012. August 2014.
California Department of Conservation, Division of Land Resource Protection (CDC DLRP). 2013. Sutter County Williamson Act FY 2013/2014.
Carollo. 2011. City of Yuba City 2010 Urban Water Management Plan. June 2011.
Yuba City, City of. 2016. City of Yuba City Municipal Code. https://www.municode.com/library/ca/yuba_city/codes/code_of_ordinances Dyett & Bhatia. 2004. City of Yuba City General Plan. Adopted April 8, 2004.
Yuba City General Plan, 2004 Environmental Impact Report. (SCH #2001072105).
Fehr & Peers Associates, Inc. 1995. Yuba-Sutter Bikeway Master Plan. December 1995. “Determination of 1-in-200 Year Floodplain for Yuba City Urban Level of Flood Protection Determination,” prepared for Yuba City by MBK Engineers, November 2015.
Sutter County General Plan.
Feather River Air Quality Management District (FRAQMD) CEQA Significance Thresholds.
Yuba Sutter Transit Route Map.
California Department of Conservation, California Geological Survey. “Fault Zone Activity Map.” AlquistPriolo Earthquake Fault Zones.
88 California Department of Toxic Substances Control (DTSC). 2016. EnviroStor. Available at http://www.envirostor.dtsc.ca.gov/public/
California Department of Conservation, Division of Land Resource Protection Farmland Mapping and Monitoring Program – Sutter County Important Farmland Map.
Federal Emergency Management Agency (FEMA), Flood Insurance Rate Maps.
Carollo. 2011. City of Yuba City 2010 Urban Water Management Plan. June 2011.
City of Yuba City Wastewater Master Plan.
Sutter County Airport Comprehensive Land Use Plan, April, 1994.
Yuba County Airport Land Use Compatibility Plan, Sept., 2010.
California Department of Transportation (Caltrans). 2011. California Scenic Highway Mapping System website. Updated September 7, 2011. Available at
http://dot.ca.gov/hq/LandArch/16_livability/scenic_highways/index.htm
89 Appendix A
Thiara Estates Traffic Operations Memorandum
Thiara Estates Traffic Operations Memorandum 1 of 12
Memorandum
To: Sarbjit Thiara Jr.
2599 Reed Road
Yuba City, CA 95993
From: Mario Tambellini, PE, TE
Nicole Scappaticci, PE
Date: November 30, 2022
Subject: Thiara Estates Traffic Operations Memorandum
INTRODUCTION
This Traffic Operations Memorandum (TOM) has been prepared to present the results for a traffic assessment for the proposed Thiara Estates Project (Project) located in Yuba City (City). The Project would develop 34 single-family residential dwelling units on a lot located south of Nick Court between Elmer Avenue and Tuly Parkway. The Project location is shown in Attachment A. The lot is currently occupied by an orchard which the Project would remove.
This TOM includes the following:
• Project trip generation
• Intersection analysis
• Site access evaluation
• Discussion of Project effect on transit and other public facilities • Vehicle Miles Traveled (VMT) analysis
This TOM has been prepared consistent with policies in the Yuba City General Plan (adopted April 8, 2004) and the Sutter County General Plan Draft Environmental Impact Report (DEIR) (dated September 2010).
PROJECT DESCRIPTION
The Project proposes to develop 34 single-family residential dwelling units on a site which currently contains an orchard which would be removed. The Project would construct new internal site roadways and gain access to the surrounding network via new intersection connections with Elmer Avenue and Tuly Parkway/Bradley Estates Drive. The existing and proposed zoning is One-Family Residence Districts (R-1).
The existing and proposed General Plan designation is Low Density Residential. The Project site plan is included in Attachment B.
ANALYSIS SCENARIOS AND STUDY FACILITIES
Intersection and roadway operations were studied under the following scenarios:
• Existing Conditions
• Existing Plus Project Conditions
As shown in Attachment A, the following intersections and roadway facilities were included in this analysis:
Study Intersections:
1. Elmer Avenue & Butte House Road
2. Blevin Road & Butte House Road
Thiara Estates Traffic Operations Memorandum 2 of 12
ANALYSIS METHODOLOGY
Synchro 11 software and Highway Capacity Manual, 6th Edition (HCM 6th Edition) methodology was used to determine intersection delay and level of service (LOS) operations under weekday AM and PM peak hour conditions.
For side-street stop-controlled intersections, the worst approach/movement delay and LOS is reported. The delay based HCM 6th Edition LOS criteria for different types of intersection controls are outlined in Table 1.
Table 1. HCM 6th Edition Intersection LOS Thresholds
Level of
Service Description
Intersection Control Delay
(seconds/vehicle)
Unsignalized Signalized
A Free-flow conditions with negligible to minimal delays. delay ≤ 10.0 delay ≤ 10.0 B Good progression with slight delays. 10.0 < delay ≤ 15.0 10.0 < delay ≤ 20.0 C Relatively higher delays. 15.0 < delay ≤ 25.0 20.0 < delay ≤ 35.0 D Somewhat congested conditions with longer but tolerable delays. 25.0 < delay ≤ 35.0 35.0 < delay ≤ 55.0 E Congested conditions with significant delays. 35.0 < delay ≤ 50.0 55.0 < delay ≤ 80.0 F Jammed or grid-lock type operating conditions. delay > 50.0 delay > 80.0 Source: HCM 6th Edition Exhibit 19-8 and 20-2.
Rodway segment LOS was determined based on roadway capacity thresholds contained in Table 6.14-6 Roadway Level of Service Thresholds from the Sutter County General Plan Draft Environmental Impact Report (dated September 2010) and are shown in Table 2. For comparison purposes, Table 2 includes roadway capacity thresholds for “Residential” and “Rural, 2-Lane Road, <24’ of Pavement, <6’ Shoulders” facility types based on Table F-2 Level of Service Criteria for Roadway Segments found in the Sacramento County Transportation Analysis Guidelines (September 10, 2020).
Table 2. Roadway Segment LOS Thresholds
Jurisdiction Facility Type
Maximum Volume for Given Service Level
A B C D E
Sutter County1 Rural – Two lane - - 10,600 16,400 25,200 Sacramento County2
Residential 600 1,200 2,000 3,000 4,500
Rural, 2-Lane Road, <24’ of Pavement, <6’ Shoulders 1,000 2,100 3,400 6,000 12,800 Notes:
1 Based on Table 6.14-6 Roadway Level of Service Thresholds from the Sutter County General Plan Draft Environmental Impact Report. 2 Based on Table F-2 Level of Service Criteria for Roadway Segments from the Sacramento County Transportation Analysis Guidelines (September 10, 2020).
LEVEL OF SERVICE CRITERIA
The City’s General Plan Transportation Policy 5.2-I-12 states that Yuba City aims to have all intersections and roadway segments achieve at least LOS “D”. Sutter County’s DEIR states that a project is considered to have an adverse effect if the existing or cumulative no project LOS for study locations deteriorate from LOS D (or better) to LOS E (or worse). Based on City General Plan requirements, the minimum acceptable LOS for the study intersections and roadway segments is considered to be LOS “D”.
Thiara Estates Traffic Operations Memorandum 3 of 12
INTERSECTION OPERATIONS ANALYSIS
EXISTING TRAFFIC VOLUMES
Weekday AM and PM peak hour turning movement counts were collected on Thursday, June 9, 2022 between 7:00 AM to 9:00 AM and between 4:00 PM to 6:00 PM. Traffic data count sheets are included in Attachment C. In order to account for reduced traffic during summer break when local schools are not in session, AM and PM peak hour traffic volume data on State Route 99 in Yuba City during typical weekdays in May 2022 (when school was in session) and June 2022 (when school was not in session) was obtained from the Caltrans Performance Measurement System (PeMS) database. The data showed that May 2022 volumes were 22.58% and 3.70% higher than June 2022 volumes during the AM and PM peak hours, respectively. Therefore, existing traffic volumes at the study intersections were increased based on these percentages for movements that would experience higher volumes when school is in session. A summary of PeMs data is included in Attachment C. A summary of the intersection turning movement volumes and lane geometry for Existing conditions is presented in Figure 1.
Figure 1. Existing AM (PM) Peak Hour Intersection Volumes and Lane Geometry
PROJECT TRIP GENERATION AND DISTRIBUTION
The trip generation data contained in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition was used to approximate the number of trips generated by the Project. The ITE land use category of Single-Family Detached Housing (ITE Code 210) was used to represent the Project. Table 3 summarizes the trip generation for the proposed Project.
Table 3. Project Trip Generation
ITE Code Land Use Category Quantity Units Daily
AM Peak Hour PM Peak Hour
In Out Total In Out Total
Single-Family Detached Housing1 34 DU2 374 7 21 28 23 13 36 Total Project Trips 374 7 21 28 23 13 36
Notes:
1Trip rates are calculated based on ITE Trip Generation (11th Edition) fitted curve equations. 2DU = Dwelling Unit
As illustrated in Table 3, the proposed Project is anticipated to generate a total of 374 daily trips, 28 AM peak hour trips (7 inbound, 21 outbound), and 36 PM peak hour trips (23 inbound, 13 outbound) under typical weekday traffic demand conditions.
Thiara Estates Traffic Operations Memorandum 4 of 12
The Project trip distribution was determined based on existing traffic counts and travel patterns, knowledge of the area, and engineering judgement. The Project trip distribution is shown in Figure 2.
Figure 2. Project Trip Distribution
The Project trip assignment is presented in Figure 3. The project trips were added to Existing volumes to obtain Existing Plus Project peak hour volumes, which are shown in Figure 4.
Figure 3. Project AM (PM) Peak Hour Trip Assignment and Lane Geometry
Thiara Estates Traffic Operations Memorandum 5 of 12
Figure 4. “Existing Plus Project” Weekday AM (PM) Peak Hour Intersection Volumes and Lane Geometry
INTERSECTION LOS RESULTS
Table 4 presents a summary of the intersection LOS operations under weekday AM and PM peak hour Existing and Existing Plus Project conditions.
Table 4. Intersection Operations
# Intersection Control
Type
LOS
Criteria
Peak
Hour
Existing Existing Plus
Project
Delay (sec) LOS Delay (sec) LOS
1 Elmer Avenue & Butte House Road OWSC1 D
AM 17.1 C 17.2 C
PM 22.1 C 22.6 C
2 Blevin Road & Butte House Road OWSC1 D
AM 14.3 B 14.7 B
PM 27.1 D 28.9 D
Notes:
1OWSC = One-Way Stop-Controlled
As shown in Table 4, all intersections operate at acceptable LOS (LOS “D” or better) under Existing and Existing Plus Project conditions. Synchro software HCM 6th Edition intersection LOS output reports are included in Attachment D.
ROADWAY CAPACITY ON ELMER AVENUE
The operations of Elmer Avenue north of Butte House Road were analyzed to determine if the relatively narrow cross-section of Elmer Avenue would affect capacity of the roadway once Project trips were added.
The highest peak hour two-directional volume on Elmer Avenue was assumed to be 10% of the roadway’s average daily traffic (ADT). Based on the Project distribution, the Project would add 120 daily trips to the roadway. Table 5 shows the Existing and Existing Plus Project operations of the roadway segment compared to the acceptable capacity of the three facility types shown in Table 2.
Thiara Estates Traffic Operations Memorandum 6 of 12
Table 5. Existing and Existing Plus Project Roadway Operations Segment LOS
Criteria Facility Type1
Max ADT for
Acceptable
LOS1
Existing
ADT
Project
ADT
Existing
Plus Project
ADT
LOS
Acceptable?
Elmer Ave
north of Butte
House Rd
D
Rural - Two Lane 16,400
800 120 920 Yes Residential 3,000
Rural, 2-Lane Road, <24’ of
Pavement, <6’ Shoulders 6,000
Notes:
1 See Table 2.
A shown in Table 7, under Existing Plus Project conditions, Elmer Avenue is projected to operate at an acceptable LOS and is not expected to exceed capacity.
SIGNAL WARRANTS
A signal warrant analysis was performed for the two unsignalized study intersections based on California Manual on Uniform Traffic Control Devices (CA MUTCD) Peak Hour Signal Warrant #3. The intersection of Elmer Avenue with Butte House Road does not meet the peak hour signal warrant in the AM or PM peak hours. The intersection of Blevin Road with Butte House Road does not meet the peak hour signal warrant in the AM peak hour but does meet the signal warrant in the PM peak hour. However, it is not recommended to install a traffic signal at the intersection of Blevin Road with Butte House Road because it does not meet the signal warrant during both weekday peak hours, the intersection operates at acceptable LOS, and the intersection does not experience excessive queuing. The signal warrant worksheets are provided in Attachment E.
QUEUING ANALYSIS
95th percentile vehicle queuing was analyzed using Synchro software for all movements with turn pockets at which the Project would add trips. Table 6 shows the available storage lengths and 95th percentile queues under all analysis scenarios. As shown in Table 6, all 95th percentile queues are expected to be accommodated by the existing available storage.
Table 6. Queuing Analysis Results
Intersection Movement Storage
(ft)1
Control
Type
Peak
Hour
95th Percentile Queue (ft)
Existing
Conditions
Existing
Plus Project
Conditions
#1, Butte House Road & Elmer Avenue EBL 80 OWSC1
AM 0 0
PM 0 0
#2, Butte House Road & Blevin Road EBL 210 OWSC1
AM 25 25
PM 25 25
Notes:
1OWSC = One-Way Stop-Controlled
CUMULATIVE CONDITIONS ANALYSES
The Elmer Avenue & Butte House Road intersection and the segment of Elmer Avenue north of Butte House Road have been analyzed under future year (2035) Cumulative and Cumulative Plus Project conditions. This Cumulative analysis is intended to quantify future operations on Elmer Road with construction of the planned Tuly Parkway extension to Butte House Road, as well as the proposed Project.
Thiara Estates Traffic Operations Memorandum 7 of 12
CUMULATIVE TRAFFIC VOLUMES
Cumulative volumes at the Elmer Avenue & Butte House Road intersection were developed using data from the Yuba City Travel Demand Model (TDM) 2020 Base Year and 2035 Market Scenario. The 2035 Market Scenario assumed the planned Tuly Parkway extension was in place, as well as an extension of Elmer Avenue north to Pease Road. The model showed a slight decrease in volumes on Elmer Avenue in the 2035 Market Scenario due to re-routed traffic using the new roadway extensions. However, 2035 Market Scenario model volumes showed an increase in Butte House Road volumes over 2020 Base Year. Base Year and Market Scenario model volumes were used to process Existing conditions volumes via the Furness Method in order to obtain Cumulative Conditions volumes. Project trips were added to Cumulative condition volumes to get Cumulative Plus Project volumes. The model also showed a widening of Butte House Road to four lanes.
Cumulative and Cumulative Plus Project peak hour volumes and lane geometry at Elmer Avenue & Butte House Road are shown in Figures 5 and 6, respectively.
Figure 5. “Cumulative” Weekday AM (PM) Peak Hour Intersection Volumes and Lane Geometry
Figure 6. “Cumulative Plus Project” Weekday AM (PM) Peak Hour Intersection Volumes and Lane Geometry
Cumulative (2035) conditions roadway volumes on Elmer Avenue were determined by applying a yearly growth rate to Existing conditions ADT volumes on Elmer Avenue. The highest peak hour volumes on Elmer
Thiara Estates Traffic Operations Memorandum 8 of 12
Avenue were assumed to be 10% of the roadway’s Existing ADT. A yearly growth rate of -0.11% was calculated based on the TDM 2020 Base Year daily volumes and 2035 Market Scenario daily volumes on Elmer Avenue.
INTERSECTION, ROADWAY SEGMENT, AND QUEUEING OPERATIONS
Table 7 presents a summary of the intersection LOS operations under weekday AM and PM peak hour Cumulative and Cumulative Plus Project conditions.
Table 7. Cumulative and Cumulative Plus Project Intersection Operations # Intersection Control
Type
LOS
Criteria
Peak
Hour
Cumulative Cumulative Plus
Project
Delay (sec) LOS Delay (sec) LOS
1 Elmer Avenue & Butte House Road OWSC1 D
AM 18.3 C 18.4 C
PM 16.6 C 16.9 C
Notes:
1OWSC = One-Way Stop-Controlled
As shown in Table 7, all intersections operate at acceptable LOS (LOS “D” or better) under Cumulative and Cumulative Plus Project conditions. Synchro software HCM 6th Edition intersection LOS output reports are included in Attachment D.
Operations for the segment of Elmer Avenue north of Butte House Road under Cumulative and Cumulative Plus Project conditions are shown in Table 8.
Table 8. Cumulative and Cumulative Plus Project Roadway Operations Segment Facility
Type
LOS
Criteria
Max ADT for
Acceptable
LOS1
Cumulative
ADT
Project
ADT
Cumulative
Plus Project
ADT
LOS
Acceptable?
Elmer Avenue north of Butte
House Road
Rural -
Two Lane D 16,400 784 120 904 Yes
Notes:
1 See Table 2.
As shown in Table 8, Elmer Avenue is projected to operate at acceptable LOS under Cumulative and Cumulative Plus Project conditions.
As shown in Table 9, all 95th percentile queues are expected to be accommodated by the existing available storage under Cumulative and Cumulative Plus Project conditions.
Table 9. Cumulative and Cumulative Plus Project Queuing Analysis Results Intersection Movement Storage
(ft)1
Control
Type
Peak
Hour
95th Percentile Queue (ft)
Cumulative Cumulative
Plus Project
#1, Butte House Road & Elmer Avenue EBL 80 OWSC1
AM 0 0
PM 0 0
Notes:
1OWSC = One-Way Stop-Controlled
In order to observe the effects on Elmer Avenue if the Tuly Parkway extension was not built, a version of the 2035 Market Scenario TDM was run in which the Tuly Parkway extension was not in place. Model outputs showed that volumes on Elmer Avenue were not significantly affected by the removal of the Tuly Parkway extension. The 2035 Market Scenario assumes little to no land use growth in the vicinity of Elmer Avenue, which means without the planned roadway extensions, volumes on Elmer Avenue would remain similar to
Thiara Estates Traffic Operations Memorandum 9 of 12
existing counts. Therefore, traffic operations on Elmer Avenue were projected to remain acceptable without the Tuly Parkway extension in place.
PROJECT TRAFFIC ON TULY PARKWAY/BRADLEY ESTATES DRIVE
A separate future project proposes to extend Tuly Parkway south to Butte House Road. When this project is completed, traffic from the Thiara Estates Project would likely utilize the Tuly Parkway Extension. However, until the extension is in place, a portion of Project traffic traveling to SR-99 or Butte House Road would utilize Tuly Parkway and Bradley Estates Drive to reach Blevin Road. Therefore, traffic count data was collected at the intersection of Bradley Estates Drive with Blevin Road to evaluate the effect of Project traffic on Tuly Parkway and Bradley Estates Drive west of Blevin Road.
Based on the Project trip distribution, it is estimated that 68-percent of Project trips will utilize the Bradley Estates Drive and Blevin Road intersection for trips to/from the Project site. During the AM peak-hour, 19 trips are anticipated to be added to the west leg of the Bradley Estates Drive and Blevin Road intersection.
During the PM peak-hour, 25 trips are anticipated to be added to the west leg of the intersection. The existing Plus Project traffic volumes on Bradley Estates Drive west of Blevin Road, increased to account for school being out of session, are as follows:
• AM Peak Hour: 28 vehicles + 19 Project trips = 47 total vehicles • PM Peak Hour: 35 vehicles + 25 Project trips = 60 total vehicles As the existing volumes on Tuly Parkway and Bradley Estates Drive were found to be relatively low, the addition of the Project trips is not expected to adversely affect Tuly Parkway and Bradley Estates Drive under current traffic conditions.
INTERNAL SITE CIRCULATION AND SITE ACCESS
INTERNAL CIRCULATION
Internal circulation within the Project site would occur on bi-directional local streets, as depicted in Attachment B. It is assumed that sidewalks would be constructed on internal site roadways and should connect to external existing sidewalks. Similarly, is also assumed that curb ramps would be constructed at appropriate locations throughout the project site.
SITE ACCESS
The Project would gain access to the surrounding roadway network via two (2) Project roadway connections.
One (1) Project roadway connection would be provided to Elmer Avenue and one (1) Project roadway connection would be provided to Tuly Parkway.
The new roadway connections on Elmer Avenue and Tuly Parkway are assumed to be full-access and sidestreet stop-controlled, similar to the intersections in the adjacent neighborhoods. Due to the low volumes generate by the Project site, the proposed site access is considered adequate.
Based on the site plan shown in Attachment B, it appears that emergency vehicles would have sufficient access throughout the project site, as well as multiple access points for the site. Thus, emergency access to the project is considered adequate.
SIGHT DISTANCE
A sight distance analysis was performed qualitatively at the two (2) Project roadway connections on Elmer Avenue and Tuly Parkway. Elmer Avenue and Tuly Parkway are low-speed facilities (35 miles per hour or less) and do not have significant horizontal or vertical curvature. The adjacent driveways and intersections to the Project roadway connections are anticipated to have low traffic volumes and are not anticipated to conflict with the Project roadway connections. It is recommended to maintain any vegetation in the vicinity of the Project roadway connections to preserve adequate sight distance.
Thiara Estates Traffic Operations Memorandum 10 of 12
TRANSIT, BICYCLES, AND PEDESTRIANS
The nearest bus stops to the Project site are located at the Butte House Road and Harter Parkway intersection and the Butte House Road & Tharp Road intersection. The bus stop at the Butte House Road and Harter Parkway intersection is located approximately one-mile from the site and serves Yuba-Sutter Transit Route 1 and Route 5. The bus stops at the Butte House Road & Tharp Road intersection are located approximately one-mile from the site and serves Yuba-Sutter Transit Route 1 and Route 5. The Project is not anticipated to affect existing transit facilities.
Existing striped bicycle lanes are present along Butte House Road and Tuly Parkway. No bicycle facilities are provided along Elmer Avenue or Blevin Road. Sidewalks are present along the southern edge of Butte House Road between Harter Parkway and Blevin Road. Existing curb ramps and striped crosswalks are present on the southern leg of the Blevin Road and Butte House Road intersection.
The Project proposes to construct a sidewalk along Tuly Parkway adjacent to the eastern Project frontage.
Additionally, Project proposes to construct curb ramps on the proposed western leg of the intersection of Tuly Parkway with Bradley Estates Drive. The Project would provide adequate connectivity to existing bicycle and pedestrian facilities.
VEHICLES MILES TRAVELD ANALYSIS
Senate Bill 743 (SB 743), signed in 2013, required changes to California Environmental Quality Act (CEQA) guidelines on the measurement and identification of transportation impacts due to new projects in California.
Revised CEQA Guidelines were adopted in 2018 which identified Vehicles Miles Traveled (VMT) as the most appropriate metric to evaluate transportation impacts. Statewide implementation of assessment of VMT as a metric of transportation impact occurred for all jurisdictions on July 1, 2020. The Governor’s Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts in CEQA (OPR Technical Advisory) (December 2018), contains technical recommendations regarding assessment of VMT, thresholds of significance, and mitigation measures.
As Yuba City has not currently adopted VMT significance criteria or guidelines, Project VMT impact has been analyzed using criteria outlined in the County of Sacramento Transportation Analysis Guidelines (September 10, 2020). The Transportation Analysis Guidelines were selected as they represent guidelines developed for a similar, neighboring jurisdiction, and therefore were considered reasonably applicable in Yuba City.
Per the Transportation Analysis Guidelines, an approved screening map was used to assess significant impacts to VMT. The approved screening map was developed by Sacramento Area Council of Governments (SACOG) and uses HEX geography. Residential VMT per capita per HEX is calculated by tallying all household VMTs, including VMT traveling outside the region, generated by the residents living at the HEX and divided by the total population in the HEX. Consistent with SACOG guidelines, the Project specific VMT threshold is defined as total household VMT per capita achieving 15-percent reduction compared to regional average.
The SACOG screening map indicated that one (1) HEX area covers the Project site. The HEX number for the Project site is CN-64. Figure 7 shows a screenshot of the SACOG screening map with the approximate Project site location indicated. Table 10 provides the regional Average Residential VMT per Capita and the Average Residential VMT per capita for the HEX, along with the percent change between the regional and HEX VMT per capita. As shown in Table 10, the HEX location associated with the Project achieves at least a 15-percent reduction in VMT per capita compared to regional average. Thus, the Project impacts on VMT are considered less than significant and no mitigation measures are recommended.
Thiara Estates Traffic Operations Memorandum 11 of 12
Figure 7. Excerpt of SACOG Residential Screening Map
Table 10. Project Area Average Residential VMT per Capita Comparison Regional Average
HEX
CN-64
VMT/Capita1 VMT/Capita1 Percent Change2
20.82 15.95 -23.4%
Note:
1 VMT/Capita represents Average Residential VMT per capita. 2 Percent change represents percent change from regional average.
CONCLUSION
The proposed Project is anticipated to generate a total of 374 daily primary trips, 28 AM peak hour primary trips (7 inbound, 21 outbound), and 36 PM peak hour primary trips (23 inbound, 13 outbound) under typical weekday traffic demand conditions.
Intersection LOS at all study intersections was projected to be acceptable (LOS “D” or better) under all study scenarios. Under Existing Plus Project conditions, the roadway segment of Elmer Avenue north of Butte House Road is projected to operate at an acceptable LOS and is not expected to exceed capacity. All 95th percentile queues are expected to be accommodated by the existing available storage. The intersection of Elmer Avenue with Butte House Road does not meet the peak hour signal warrant in the AM or PM peak hours. The intersection of Blevin Road with Butte House Road does not meet the peak hour signal warrant in the AM peak hour but does meet the signal warrant in the PM peak hour. However, it is not recommended to install a traffic signal at the intersection of Blevin Road with Butte House Road because it does not meet the signal warrant during both weekday peak hours, the intersection operates at acceptable LOS, and the intersection does not experience excessive queuing.
Project
Site
Blevin Rd
Elmer Ave
Thiara Estates Traffic Operations Memorandum 12 of 12
The Elmer Avenue & Butte House Road intersection and the segment of Elmer Avenue north of Butte House Road were analyzed under future year (2035) Cumulative and Cumulative Plus Project conditions in order to quantify future operations on Elmer Road with construction of the planned Tuly Parkway extension and the proposed Project.
The intersection of Elmer Avenue & Butte House Road and the segment of Elmer Avenue north Butte House Road of were projected to operate at acceptable LOS.
The addition of Project traffic is not anticipated to adversely affect the segment of Tuly Parkway/Bradley Estate Drive west of Blevin Road.
Based upon a review of the Project site, Project access, site internal circulation, and emergency access are considered adequate. It is recommended to maintain any vegetation in the vicinity of the Project roadway connections on Elmer Avenue and Tuly Parkway to preserve adequate sight distance.
The Yuba-Sutter Transit Route has bus stops located approximately one-mile from the Project site. The Project is not anticipated to affect existing transit facilities. The Project would provide adequate connectivity to existing bicycle and pedestrian facilities.
The SACOG screening map indicated that the HEX location associated with the Project achieves at least a 15- percent reduction in VMT per capita comparing to regional average. Thus, the Project impacts on VMT are considered less than significant and no mitigation measures are recommended.
Thiara Estates Traffic Operations Memorandum
ATTACHMENT A
PROJECT LOCATION AND STUDY FACILITIES
!(
!(2
1 Project Location
Thiara Estates Traffic Operations Memorandum
Yuba City, CA
October 2022
\\woodrodgers.loc\ProductionData\Jobs\Jobs\8873001_Thiara_Estates\GIS\Tasks\Fig_1_Location_and_Facilities_Map.mxd 7/15/2022 10:35:29 AM opotash Figure 1
NORTH
0 0.125 0.25
Miles
Project Location and Study Facilities
Legend
!( Study Intersection
New Roadway Connection
Project Location
#
Thiara Estates Traffic Operations Memorandum
ATTACHMENT B
PROJECT SITE PLAN
NVES
N
N V E
S
DRAFT SUBJECT TO CHANGE THROUGH CITY APPROVAL PROCESS
Thiara Estates Traffic Operations Memorandum
ATTACHMENT C
TRAFFIC COUNTS
Type of peak hour being reported: Intersection Peak Method for determining peak hour: Total Entering Volume LOCATION: Elmer Ave -- Butte House Rd QC JOB #: 15852801 CITY/STATE: Yuba City, CA DATE: Thu, Jun 9 2022
27 12
3 0 24
211 5 7 215
434 0.91 208
439 0 0 458
0 0 0
0 0
Peak-Hour: 7:30 AM -- 8:30 AM
Peak 15-Min: 7:30 AM -- 7:45 AM
11.1 8.3
33.3 0 8.3
5.2 0 14.3 5.1
2.8 4.8
2.7 0 0 3.1
0 0 0
0 0
1 0 0
0 0 0 0
0 0
0 0
0 0
0 0 0
N/A
N/A N/A
N/A
N/A
N/A N/A
N/A
15-Min Count
Period
Beginning At
Elmer Ave
(Northbound)
Elmer Ave
(Southbound)
Butte House Rd
(Eastbound)
Butte House Rd
(Westbound) Total Hourly
Totals
Left Thru Right U Left Thru Right U Left Thru Right U Left Thru Right U 7:00 AM 0 0 0 0 3 0 0 0 0 83 0 0 0 29 2 0 117
7:15 AM 0 0 0 0 8 0 2 0 0 95 0 0 0 38 0 0 143
7:30 AM 0 0 0 0 3 0 1 0 0 119 0 0 0 63 2 0 188
7:45 AM 0 0 0 0 8 0 0 0 1 122 0 0 0 45 0 0 176 624
8:00 AM 0 0 0 0 6 0 0 0 2 94 0 0 0 46 0 0 148 655
8:15 AM 0 0 0 0 7 0 2 0 2 99 0 0 0 54 5 0 169 681
8:30 AM 0 0 0 0 4 0 2 0 0 95 0 0 0 52 3 0 156 649
8:45 AM 0 0 0 0 4 0 0 0 0 92 0 0 0 47 2 0 145 618
Peak 15-Min
Flowrates
Northbound Southbound Eastbound Westbound
Total
Left Thru Right U Left Thru Right U Left Thru Right U Left Thru Right U All Vehicles 0 0 0 0 12 0 4 0 0 476 0 0 0 252 8 0 752
Heavy Trucks 0 0 0 4 0 0 0 12 0 0 12 4 32
Buses
Pedestrians 0 0 0 0 0
Bicycles 0 0 0 0 0 0 0 0 0 0 0 0 0
Scooters
Comments:
Report generated on 6/16/2022 1:33 PM SOURCE: Quality Counts, LLC (http://www.qualitycounts.net) 1-877-580-2212
Type of peak hour being reported: Intersection Peak Method for determining peak hour: Total Entering Volume LOCATION: Elmer Ave -- Butte House Rd QC JOB #: 15852802 CITY/STATE: Yuba City, CA DATE: Thu, Jun 9 2022
34 46
7 0 27
594 9 37 624
402 0.93 587
411 0 0 429
0 0 0
0 0
Peak-Hour: 5:00 PM -- 6:00 PM
Peak 15-Min: 5:00 PM -- 5:15 PM
0 0
0 0 0
1.3 0 0 1.3
1.2 1.4
1.2 0 0 1.2
0 0 0
0 0
0 0 0
1 0 0 0
0 0
1 3
0 0
0 0 0
N/A
N/A N/A
N/A
N/A
N/A N/A
N/A
15-Min Count
Period
Beginning At
Elmer Ave
(Northbound)
Elmer Ave
(Southbound)
Butte House Rd
(Eastbound)
Butte House Rd
(Westbound) Total Hourly
Totals
Left Thru Right U Left Thru Right U Left Thru Right U Left Thru Right U 4:00 PM 0 0 0 0 6 0 0 0 2 101 0 0 0 122 4 0 235
4:15 PM 0 0 0 0 9 0 3 0 5 82 0 0 0 151 7 0 257
4:30 PM 0 0 0 0 5 0 0 0 2 106 0 0 0 140 7 0 260
4:45 PM 0 0 0 0 7 0 1 0 2 88 0 0 0 124 9 0 231 983
5:00 PM 0 0 0 0 7 0 1 0 1 99 0 0 0 168 10 0 286 1034
5:15 PM 0 0 0 0 5 0 4 0 5 123 0 0 0 137 11 0 285 1062
5:30 PM 0 0 0 0 4 0 2 0 3 94 0 0 0 149 9 0 261 1063
5:45 PM 0 0 0 0 11 0 0 0 0 86 0 0 0 133 7 0 237 1069
Peak 15-Min
Flowrates
Northbound Southbound Eastbound Westbound
Total
Left Thru Right U Left Thru Right U Left Thru Right U Left Thru Right U All Vehicles 0 0 0 0 28 0 4 0 4 396 0 0 0 672 40 0 1144 Heavy Trucks 0 0 0 0 0 0 0 12 0 0 8 0 20
Buses
Pedestrians 0 0 0 0 0
Bicycles 0 0 0 0 0 0 0 4 0 0 0 0 4
Scooters
Comments:
Report generated on 6/16/2022 1:33 PM SOURCE: Quality Counts, LLC (http://www.qualitycounts.net) 1-877-580-2212
Type of peak hour being reported: Intersection Peak Method for determining peak hour: Total Entering Volume LOCATION: Belvin Rd -- Butte House Rd QC JOB #: 15852803 CITY/STATE: Yuba City, CA DATE: Thu, Jun 9 2022
152 94
115 0 37
319 64 30 234
405 0.93 204
469 0 0 442
0 0 0
0 0
Peak-Hour: 7:30 AM -- 8:30 AM
Peak 15-Min: 7:45 AM -- 8:00 AM
2.6 3.2
2.6 0 2.7
3.1 3.1 3.3 3.4
4.2 3.4
4.1 0 0 4.1
0 0 0
0 0
1 0 0
1 0 0 1
0 0
0 0
0 0
0 0 0
N/A
N/A N/A
N/A
N/A
N/A N/A
N/A
15-Min Count
Period
Beginning At
Belvin Rd
(Northbound)
Belvin Rd
(Southbound)
Butte House Rd
(Eastbound)
Butte House Rd
(Westbound) Total Hourly
Totals
Left Thru Right U Left Thru Right U Left Thru Right U Left Thru Right U 7:00 AM 0 0 0 0 4 0 18 0 14 60 0 0 0 23 4 0 123
7:15 AM 0 0 0 0 3 0 16 0 10 81 0 0 0 40 12 0 162
7:30 AM 0 0 0 0 9 0 31 0 15 105 0 0 0 48 8 0 216
7:45 AM 0 0 0 0 11 0 22 0 19 121 0 0 0 51 6 0 230 731
8:00 AM 0 0 0 0 9 0 22 0 16 78 0 0 0 47 11 0 183 791
8:15 AM 0 0 0 0 8 0 40 0 14 101 0 0 0 58 5 0 226 855
8:30 AM 0 0 0 0 11 0 18 0 21 94 0 0 0 51 10 0 205 844
8:45 AM 0 0 0 0 11 0 32 0 21 89 0 0 0 55 7 0 215 829
Peak 15-Min
Flowrates
Northbound Southbound Eastbound Westbound
Total
Left Thru Right U Left Thru Right U Left Thru Right U Left Thru Right U All Vehicles 0 0 0 0 44 0 88 0 76 484 0 0 0 204 24 0 920 Heavy Trucks 0 0 0 0 0 0 0 8 0 0 4 0 12
Buses
Pedestrians 4 0 0 0 4
Bicycles 0 0 0 4 0 0 0 0 0 0 0 0 4
Scooters
Comments:
Report generated on 6/16/2022 1:33 PM SOURCE: Quality Counts, LLC (http://www.qualitycounts.net) 1-877-580-2212
Type of peak hour being reported: Intersection Peak Method for determining peak hour: Total Entering Volume LOCATION: Belvin Rd -- Butte House Rd QC JOB #: 15852804 CITY/STATE: Yuba City, CA DATE: Thu, Jun 9 2022
156 228
125 0 31
637 156 71 583
493 0.92 512
650 1 0 524
0 1 0
1 1
Peak-Hour: 5:00 PM -- 6:00 PM
Peak 15-Min: 5:00 PM -- 5:15 PM
0.6 0.4
0.8 0 0
1.6 0.6 0 1.5
1.6 1.8
1.4 0 0 1.5
0 0 0
0 0
0 0 0
0 1 0 0
0 0
0 3
0 0
0 0 0
N/A
N/A N/A
N/A
N/A
N/A N/A
N/A
15-Min Count
Period
Beginning At
Belvin Rd
(Northbound)
Belvin Rd
(Southbound)
Butte House Rd
(Eastbound)
Butte House Rd
(Westbound) Total Hourly
Totals
Left Thru Right U Left Thru Right U Left Thru Right U Left Thru Right U 4:00 PM 0 0 0 0 7 0 34 0 52 107 0 0 0 96 20 0 316
4:15 PM 0 0 0 0 8 0 39 0 47 89 0 0 0 111 15 0 309
4:30 PM 0 0 0 0 8 0 38 0 37 120 0 0 0 120 10 0 333
4:45 PM 0 0 0 0 8 0 36 0 34 109 0 0 0 103 11 1 302 1260 5:00 PM 0 0 0 0 11 0 30 0 36 137 0 0 0 142 21 0 377 1321 5:15 PM 0 1 0 0 8 0 29 0 46 126 1 0 0 142 23 0 376 1388 5:30 PM 0 0 0 0 8 0 31 0 36 125 0 0 0 113 16 0 329 1384 5:45 PM 0 0 0 0 4 0 35 0 38 105 0 0 0 115 11 0 308 1390 Peak 15-Min
Flowrates
Northbound Southbound Eastbound Westbound
Total
Left Thru Right U Left Thru Right U Left Thru Right U Left Thru Right U All Vehicles 0 0 0 0 44 0 120 0 144 548 0 0 0 568 84 0 1508 Heavy Trucks 0 0 0 0 0 0 0 8 0 0 16 0 24
Buses
Pedestrians 0 0 0 0 0
Bicycles 0 0 0 0 0 0 0 0 0 0 0 0 0
Scooters
Comments:
Report generated on 6/16/2022 1:33 PM SOURCE: Quality Counts, LLC (http://www.qualitycounts.net) 1-877-580-2212
Hour Lane 1 Flow (Veh/Hour) Lane 2 Flow (Veh/Hour) Flow (Veh/Hour) # Lane Points % Observed 6:00:00 AM 243 235 478 24 100
7:00:00 AM 249 367 616 24 100
8:00:00 AM 263 369 632 24 100
6:00:00 AM 221 227 448 24 100
7:00:00 AM 304 399 703 24 100
8:00:00 AM 265 381 646 24 100
6:00:00 AM 228 239 467 24 100
7:00:00 AM 295 342 637 24 100
8:00:00 AM 282 395 677 24 100
6:00:00 AM 240 235 475 24 100
7:00:00 AM 313 354 667 24 100
8:00:00 AM 306 371 677 24 100
6:00:00 AM 213 224 437 24 100
7:00:00 AM 252 345 597 24 100
8:00:00 AM 250 342 592 24 100
6:00:00 AM 345 326 671 24 100
7:00:00 AM 430 409 839 24 100
8:00:00 AM 401 364 765 24 100
6:00:00 AM 370 318 688 24 100
7:00:00 AM 489 382 871 24 100
8:00:00 AM 380 384 764 24 100
6:00:00 AM 384 329 713 24 100
7:00:00 AM 441 397 838 24 100
8:00:00 AM 412 382 794 24 100
6:00:00 AM 397 350 747 24 100
7:00:00 AM 416 422 838 24 100
8:00:00 AM 437 401 838 24 100
6:00:00 AM 351 320 671 24 100
7:00:00 AM 464 426 890 24 100
8:00:00 AM 430 405 835 24 100
Mainline VDS 3415061 - 99SB JSO Butte House/Mainline VDS 3415064 - 99NB JSO Butte House May 2022 - AM Peak
Hour Lane 1 Flow (Veh/Hour) Lane 2 Flow (Veh/Hour) Flow (Veh/Hour) # Lane Points % Observed 6:00:00 AM 218 219 437 24 0
7:00:00 AM 267 342 609 24 0
8:00:00 AM 242 329 571 24 0
6:00:00 AM 186 227 413 24 100
7:00:00 AM 249 288 537 24 100
8:00:00 AM 254 303 557 24 100
6:00:00 AM 209 235 444 24 100
7:00:00 AM 234 268 502 24 100
8:00:00 AM 213 285 498 24 100
6:00:00 AM 226 243 469 24 100
7:00:00 AM 244 277 521 24 100
8:00:00 AM 219 279 498 24 100
6:00:00 AM 195 218 413 24 100
7:00:00 AM 221 242 463 24 100
8:00:00 AM 191 265 456 24 100
6:00:00 AM 293 283 576 24 0
7:00:00 AM 409 421 830 24 0
8:00:00 AM 342 367 709 24 0
6:00:00 AM 273 309 582 24 100
7:00:00 AM 298 354 652 24 100
8:00:00 AM 335 368 703 24 100
6:00:00 AM 286 289 575 24 100
7:00:00 AM 338 380 718 24 100
8:00:00 AM 324 371 695 24 100
6:00:00 AM 277 293 570 24 100
7:00:00 AM 295 338 633 24 100
8:00:00 AM 330 341 671 24 100
6:00:00 AM 261 282 543 24 100
7:00:00 AM 304 346 650 24 100
8:00:00 AM 293 346 639 24 100
Mainline VDS 3415061 - 99SB JSO Butte House/Mainline VDS 3415064 - 99NB JSO Butte House June 2022 - AM Peak
Hour Lane 1 Flow (Veh/Hour) Lane 2 Flow (Veh/Hour) Flow (Veh/Hour) # Lane Points % Observed 3:00:00 PM 375 492 867 24 100
4:00:00 PM 375 538 913 24 100
5:00:00 PM 433 555 988 24 100
3:00:00 PM 373 489 862 24 100
4:00:00 PM 443 533 976 24 100
5:00:00 PM 408 536 944 24 100
3:00:00 PM 365 490 855 24 100
4:00:00 PM 441 532 973 24 100
5:00:00 PM 417 555 972 24 100
3:00:00 PM 386 521 907 24 100
4:00:00 PM 467 561 1028 24 100
5:00:00 PM 391 562 953 24 100
3:00:00 PM 439 556 995 24 100
4:00:00 PM 435 587 1022 24 100
5:00:00 PM 459 594 1053 24 100
3:00:00 PM 375 492 867 24 100
4:00:00 PM 375 538 913 24 100
5:00:00 PM 433 555 988 24 100
3:00:00 PM 373 489 862 24 100
4:00:00 PM 443 533 976 24 100
5:00:00 PM 408 536 944 24 100
3:00:00 PM 365 490 855 24 100
4:00:00 PM 441 532 973 24 100
5:00:00 PM 417 555 972 24 100
3:00:00 PM 386 521 907 24 100
4:00:00 PM 467 561 1028 24 100
5:00:00 PM 391 562 953 24 100
3:00:00 PM 439 556 995 24 100
4:00:00 PM 435 587 1022 24 100
5:00:00 PM 459 594 1053 24 100
Mainline VDS 3415061 - 99SB JSO Butte House/Mainline VDS 3415064 - 99NB JSO Butte House May 2022 - PM Peak
Hour Lane 1 Flow (Veh/Hour) Lane 2 Flow (Veh/Hour) Flow (Veh/Hour) # Lane Points % Observed 3:00:00 PM 358 516 874 24 100
4:00:00 PM 405 498 903 24 100
5:00:00 PM 390 527 917 24 100
3:00:00 PM 370 497 867 24 100
4:00:00 PM 420 545 965 24 100
5:00:00 PM 398 535 933 24 100
3:00:00 PM 361 497 858 24 100
4:00:00 PM 403 556 959 24 100
5:00:00 PM 404 533 937 24 100
3:00:00 PM 367 505 872 24 100
4:00:00 PM 377 520 897 24 100
5:00:00 PM 387 542 929 24 100
3:00:00 PM 436 510 946 24 100
4:00:00 PM 434 554 988 24 100
5:00:00 PM 400 551 951 24 100
3:00:00 PM 358 516 874 24 100
4:00:00 PM 405 498 903 24 100
5:00:00 PM 390 527 917 24 100
3:00:00 PM 370 497 867 24 100
4:00:00 PM 420 545 965 24 100
5:00:00 PM 398 535 933 24 100
3:00:00 PM 361 497 858 24 100
4:00:00 PM 403 556 959 24 100
5:00:00 PM 404 533 937 24 100
3:00:00 PM 367 505 872 24 100
4:00:00 PM 377 520 897 24 100
5:00:00 PM 387 542 929 24 100
3:00:00 PM 436 510 946 24 100
4:00:00 PM 434 554 988 24 100
5:00:00 PM 400 551 951 24 100
Mainline VDS 3415061 - 99SB JSO Butte House/Mainline VDS 3415064 - 99NB JSO Butte House June 2022 - PM Peak
Thiara Estates Traffic Operations Memorandum
ATTACHMENT D
SYNCHRO OUTPUT REPORTS
1: Butte House Rd & Elmer Ave HCM 6th TWSC
Existing (2022) AM Peak-Hour
Thiara Estates Traffic Operations Memorandum Synchro 11 Report Wood Rodgers, Inc. Thiara_Estates_TOM.syn
Intersection
Int Delay, s/veh 0.6
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 5 532 255 7 24 3
Future Vol, veh/h 5 532 255 7 24 3
Conflicting Peds, #/hr 0 0 0 1 0 0
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length 80 - - - 0 -
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 91 91 91 91 91 91
Heavy Vehicles, % 0 3 5 14 8 33
Mvmt Flow 5 585 280 8 26 3
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 289 0 - 0 880 285
Stage 1 - - - - 285 -
Stage 2 - - - - 595 -
Critical Hdwy 4.1 - - - 6.48 6.53
Critical Hdwy Stg 1 - - - - 5.48 -
Critical Hdwy Stg 2 - - - - 5.48 -
Follow-up Hdwy 2.2 - - - 3.572 3.597
Pot Cap-1 Maneuver 1284 - - - 310 686
Stage 1 - - - - 750 -
Stage 2 - - - - 539 -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 1283 - - - 308 685
Mov Cap-2 Maneuver - - - - 308 -
Stage 1 - - - - 746 -
Stage 2 - - - - 538 -
Approach EB WB SB
HCM Control Delay, s 0.1 0 17.1
HCM LOS C
Minor Lane/Major Mvmt EBL EBT WBT WBR SBLn1
Capacity (veh/h) 1283 - - - 328
HCM Lane V/C Ratio 0.004 - - - 0.09
HCM Control Delay (s) 7.8 - - - 17.1
HCM Lane LOS A - - - C
HCM 95th %tile Q(veh) 0 - - - 0.3
2: Butte House Rd & Blevin Rd HCM 6th TWSC
Existing (2022) AM Peak-Hour
Thiara Estates Traffic Operations Memorandum Synchro 11 Report Wood Rodgers, Inc. Thiara_Estates_TOM.syn
Intersection
Int Delay, s/veh 3.1
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 78 496 250 37 45 141
Future Vol, veh/h 78 496 250 37 45 141
Conflicting Peds, #/hr 0 0 0 1 0 0
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length 210 - - - 0 -
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 93 93 93 93 93 93
Heavy Vehicles, % 3 4 3 3 3 3
Mvmt Flow 84 533 269 40 48 152
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 310 0 - 0 725 290
Stage 1 - - - - 290 -
Stage 2 - - - - 435 -
Critical Hdwy 4.145 - - - 6.645 6.245
Critical Hdwy Stg 1 - - - - 5.445 -
Critical Hdwy Stg 2 - - - - 5.845 -
Follow-up Hdwy 2.2285 - - - 3.5285 3.3285
Pot Cap-1 Maneuver 1242 - - - 374 746
Stage 1 - - - - 756 -
Stage 2 - - - - 618 -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 1241 - - - 348 745
Mov Cap-2 Maneuver - - - - 348 -
Stage 1 - - - - 704 -
Stage 2 - - - - 617 -
Approach EB WB SB
HCM Control Delay, s 1.1 0 14.3
HCM LOS B
Minor Lane/Major Mvmt EBL EBT WBT WBR SBLn1
Capacity (veh/h) 1241 - - - 584
HCM Lane V/C Ratio 0.068 - - - 0.342
HCM Control Delay (s) 8.1 - - - 14.3
HCM Lane LOS A - - - B
HCM 95th %tile Q(veh) 0.2 - - - 1.5
1: Butte House Rd & Elmer Ave HCM 6th TWSC
Existing (2022) PM Peak-Hour
Thiara Estates Traffic Operations Memorandum Synchro 11 Report Wood Rodgers, Inc. Thiara_Estates_TOM.syn
Intersection
Int Delay, s/veh 0.8
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 9 417 609 37 27 7
Future Vol, veh/h 9 417 609 37 27 7
Conflicting Peds, #/hr 0 0 0 0 0 0
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length 80 - - - 0 -
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 93 93 93 93 93 93
Heavy Vehicles, % 0 1 1 0 0 0
Mvmt Flow 10 448 655 40 29 8
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 695 0 - 0 1143 675
Stage 1 - - - - 675 -
Stage 2 - - - - 468 -
Critical Hdwy 4.1 - - - 6.4 6.2
Critical Hdwy Stg 1 - - - - 5.4 -
Critical Hdwy Stg 2 - - - - 5.4 -
Follow-up Hdwy 2.2 - - - 3.5 3.3
Pot Cap-1 Maneuver 910 - - - 223 457
Stage 1 - - - - 510 -
Stage 2 - - - - 634 -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 910 - - - 221 457
Mov Cap-2 Maneuver - - - - 221 -
Stage 1 - - - - 504 -
Stage 2 - - - - 634 -
Approach EB WB SB
HCM Control Delay, s 0.2 0 22.1
HCM LOS C
Minor Lane/Major Mvmt EBL EBT WBT WBR SBLn1
Capacity (veh/h) 910 - - - 247
HCM Lane V/C Ratio 0.011 - - - 0.148
HCM Control Delay (s) 9 - - - 22.1
HCM Lane LOS A - - - C
HCM 95th %tile Q(veh) 0 - - - 0.5
2: Butte House Rd & Blevin Rd HCM 6th TWSC
Existing (2022) PM Peak-Hour
Thiara Estates Traffic Operations Memorandum Synchro 11 Report Wood Rodgers, Inc. Thiara_Estates_TOM.syn
Intersection
Int Delay, s/veh 4.1
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 162 511 531 74 32 130
Future Vol, veh/h 162 511 531 74 32 130
Conflicting Peds, #/hr 0 0 0 0 0 0
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length 210 - - - 0 -
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 92 92 92 92 92 92
Heavy Vehicles, % 1 2 2 0 0 1
Mvmt Flow 176 555 577 80 35 141
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 657 0 - 0 1247 617
Stage 1 - - - - 617 -
Stage 2 - - - - 630 -
Critical Hdwy 4.115 - - - 6.6 6.215
Critical Hdwy Stg 1 - - - - 5.4 -
Critical Hdwy Stg 2 - - - - 5.8 -
Follow-up Hdwy 2.2095 - - - 3.5 3.3095
Pot Cap-1 Maneuver 934 - - - 180 491
Stage 1 - - - - 542 -
Stage 2 - - - - 498 -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 934 - - - 146 491
Mov Cap-2 Maneuver - - - - 146 -
Stage 1 - - - - 440 -
Stage 2 - - - - 498 -
Approach EB WB SB
HCM Control Delay, s 2.3 0 27.1
HCM LOS D
Minor Lane/Major Mvmt EBL EBT WBT WBR SBLn1
Capacity (veh/h) 934 - - - 335
HCM Lane V/C Ratio 0.189 - - - 0.526
HCM Control Delay (s) 9.7 - - - 27.1
HCM Lane LOS A - - - D
HCM 95th %tile Q(veh) 0.7 - - - 2.9
1: Butte House Rd & Elmer Ave HCM 6th TWSC
Existing (2022) Plus Project AM Peak-Hour
Thiara Estates Traffic Operations Memorandum Synchro 11 Report Wood Rodgers, Inc. Thiara_Estates_TOM.syn
Intersection
Int Delay, s/veh 0.8
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 6 532 255 9 29 5
Future Vol, veh/h 6 532 255 9 29 5
Conflicting Peds, #/hr 0 0 0 1 0 0
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length 80 - - - 0 -
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 91 91 91 91 91 91
Heavy Vehicles, % 0 3 5 14 8 33
Mvmt Flow 7 585 280 10 32 5
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 291 0 - 0 885 286
Stage 1 - - - - 286 -
Stage 2 - - - - 599 -
Critical Hdwy 4.1 - - - 6.48 6.53
Critical Hdwy Stg 1 - - - - 5.48 -
Critical Hdwy Stg 2 - - - - 5.48 -
Follow-up Hdwy 2.2 - - - 3.572 3.597
Pot Cap-1 Maneuver 1282 - - - 308 685
Stage 1 - - - - 749 -
Stage 2 - - - - 537 -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 1281 - - - 306 684
Mov Cap-2 Maneuver - - - - 306 -
Stage 1 - - - - 745 -
Stage 2 - - - - 536 -
Approach EB WB SB
HCM Control Delay, s 0.1 0 17.2
HCM LOS C
Minor Lane/Major Mvmt EBL EBT WBT WBR SBLn1
Capacity (veh/h) 1281 - - - 333
HCM Lane V/C Ratio 0.005 - - - 0.112
HCM Control Delay (s) 7.8 - - - 17.2
HCM Lane LOS A - - - C
HCM 95th %tile Q(veh) 0 - - - 0.4
2: Butte House Rd & Blevin Rd HCM 6th TWSC
Existing (2022) Plus Project AM Peak-Hour
Thiara Estates Traffic Operations Memorandum Synchro 11 Report Wood Rodgers, Inc. Thiara_Estates_TOM.syn
Intersection
Int Delay, s/veh 3.3
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 80 496 250 38 48 146
Future Vol, veh/h 80 496 250 38 48 146
Conflicting Peds, #/hr 0 0 0 1 0 0
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length 210 - - - 0 -
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 93 93 93 93 93 93
Heavy Vehicles, % 3 4 3 3 3 3
Mvmt Flow 86 533 269 41 52 157
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 311 0 - 0 730 291
Stage 1 - - - - 291 -
Stage 2 - - - - 439 -
Critical Hdwy 4.145 - - - 6.645 6.245
Critical Hdwy Stg 1 - - - - 5.445 -
Critical Hdwy Stg 2 - - - - 5.845 -
Follow-up Hdwy 2.2285 - - - 3.5285 3.3285
Pot Cap-1 Maneuver 1241 - - - 371 745
Stage 1 - - - - 755 -
Stage 2 - - - - 616 -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 1240 - - - 345 744
Mov Cap-2 Maneuver - - - - 345 -
Stage 1 - - - - 702 -
Stage 2 - - - - 615 -
Approach EB WB SB
HCM Control Delay, s 1.1 0 14.7
HCM LOS B
Minor Lane/Major Mvmt EBL EBT WBT WBR SBLn1
Capacity (veh/h) 1240 - - - 578
HCM Lane V/C Ratio 0.069 - - - 0.361
HCM Control Delay (s) 8.1 - - - 14.7
HCM Lane LOS A - - - B
HCM 95th %tile Q(veh) 0.2 - - - 1.6
1: Butte House Rd & Elmer Ave HCM 6th TWSC
Existing (2022) Plus Project PM Peak-Hour
Thiara Estates Traffic Operations Memorandum Synchro 11 Report Wood Rodgers, Inc. Thiara_Estates_TOM.syn
Intersection
Int Delay, s/veh 0.8
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 11 417 609 42 30 8
Future Vol, veh/h 11 417 609 42 30 8
Conflicting Peds, #/hr 0 0 0 0 0 0
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length 80 - - - 0 -
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 93 93 93 93 93 93
Heavy Vehicles, % 0 1 1 0 0 0
Mvmt Flow 12 448 655 45 32 9
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 700 0 - 0 1150 678
Stage 1 - - - - 678 -
Stage 2 - - - - 472 -
Critical Hdwy 4.1 - - - 6.4 6.2
Critical Hdwy Stg 1 - - - - 5.4 -
Critical Hdwy Stg 2 - - - - 5.4 -
Follow-up Hdwy 2.2 - - - 3.5 3.3
Pot Cap-1 Maneuver 906 - - - 221 456
Stage 1 - - - - 508 -
Stage 2 - - - - 632 -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 906 - - - 218 456
Mov Cap-2 Maneuver - - - - 218 -
Stage 1 - - - - 501 -
Stage 2 - - - - 632 -
Approach EB WB SB
HCM Control Delay, s 0.2 0 22.6
HCM LOS C
Minor Lane/Major Mvmt EBL EBT WBT WBR SBLn1
Capacity (veh/h) 906 - - - 245
HCM Lane V/C Ratio 0.013 - - - 0.167
HCM Control Delay (s) 9 - - - 22.6
HCM Lane LOS A - - - C
HCM 95th %tile Q(veh) 0 - - - 0.6
2: Butte House Rd & Blevin Rd HCM 6th TWSC
Existing (2022) Plus Project PM Peak-Hour
Thiara Estates Traffic Operations Memorandum Synchro 11 Report Wood Rodgers, Inc. Thiara_Estates_TOM.syn
Intersection
Int Delay, s/veh 4.4
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 167 511 531 77 34 133
Future Vol, veh/h 167 511 531 77 34 133
Conflicting Peds, #/hr 0 0 0 0 0 0
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length 210 - - - 0 -
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 92 92 92 92 92 92
Heavy Vehicles, % 1 2 2 0 0 1
Mvmt Flow 182 555 577 84 37 145
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 661 0 - 0 1261 619
Stage 1 - - - - 619 -
Stage 2 - - - - 642 -
Critical Hdwy 4.115 - - - 6.6 6.215
Critical Hdwy Stg 1 - - - - 5.4 -
Critical Hdwy Stg 2 - - - - 5.8 -
Follow-up Hdwy 2.2095 - - - 3.5 3.3095
Pot Cap-1 Maneuver 931 - - - 177 490
Stage 1 - - - - 541 -
Stage 2 - - - - 492 -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 931 - - - 142 490
Mov Cap-2 Maneuver - - - - 142 -
Stage 1 - - - - 436 -
Stage 2 - - - - 492 -
Approach EB WB SB
HCM Control Delay, s 2.4 0 28.9
HCM LOS D
Minor Lane/Major Mvmt EBL EBT WBT WBR SBLn1
Capacity (veh/h) 931 - - - 327
HCM Lane V/C Ratio 0.195 - - - 0.555
HCM Control Delay (s) 9.8 - - - 28.9
HCM Lane LOS A - - - D
HCM 95th %tile Q(veh) 0.7 - - - 3.2
Thiara Estates Traffic Operations Memorandum
1: Butte House Rd & Elmer Ave Cumulative AM Peak-Hour
HCM 6th TWSC Synchro 11 Report
Wood Rodgers, Inc. Page 1
Intersection
Int Delay, s/veh 0.5
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 0 311 619 0 26 2
Future Vol, veh/h 0 311 619 0 26 2
Conflicting Peds, #/hr 0 0 0 1 0 0
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length 80 - - - 0 -
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 92 92 92 92 92 92
Heavy Vehicles, % 0 3 5 14 8 33
Mvmt Flow 0 338 673 0 28 2
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 674 0 - 0 843 338
Stage 1 - - - - 674 -
Stage 2 - - - - 169 -
Critical Hdwy 4.1 - - - 6.96 7.56
Critical Hdwy Stg 1 - - - - 5.96 -
Critical Hdwy Stg 2 - - - - 5.96 -
Follow-up Hdwy 2.2 - - - 3.58 3.63
Pot Cap-1 Maneuver 927 - - - 291 575
Stage 1 - - - - 452 -
Stage 2 - - - - 826 -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 926 - - - 290 574
Mov Cap-2 Maneuver - - - - 290 -
Stage 1 - - - - 452 -
Stage 2 - - - - 825 -
Approach EB WB SB
HCM Control Delay, s 0 0 18.3
HCM LOS C
Minor Lane/Major Mvmt EBL EBT WBT WBR SBLn1
Capacity (veh/h) 926 - - - 301
HCM Lane V/C Ratio - - - - 0.101
HCM Control Delay (s) 0 - - - 18.3
HCM Lane LOS A - - - C
HCM 95th %tile Q(veh) 0 - - - 0.3
Thiara Estates Traffic Operations Memorandum
1: Butte House Rd & Elmer Ave Cumulative PM Peak-Hour
HCM 6th TWSC Synchro 11 Report
Wood Rodgers, Inc. Page 1
Intersection
Int Delay, s/veh 0.4
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 0 702 505 0 21 11
Future Vol, veh/h 0 702 505 0 21 11
Conflicting Peds, #/hr 0 0 0 0 0 0
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length 80 - - - 0 -
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 92 92 92 92 92 92
Heavy Vehicles, % 0 1 1 0 0 0
Mvmt Flow 0 763 549 0 23 12
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 549 0 - 0 931 275
Stage 1 - - - - 549 -
Stage 2 - - - - 382 -
Critical Hdwy 4.1 - - - 6.8 6.9
Critical Hdwy Stg 1 - - - - 5.8 -
Critical Hdwy Stg 2 - - - - 5.8 -
Follow-up Hdwy 2.2 - - - 3.5 3.3
Pot Cap-1 Maneuver 1031 - - - 269 729
Stage 1 - - - - 548 -
Stage 2 - - - - 665 -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 1031 - - - 269 729
Mov Cap-2 Maneuver - - - - 269 -
Stage 1 - - - - 548 -
Stage 2 - - - - 665 -
Approach EB WB SB
HCM Control Delay, s 0 0 16.6
HCM LOS C
Minor Lane/Major Mvmt EBL EBT WBT WBR SBLn1
Capacity (veh/h) 1031 - - - 344
HCM Lane V/C Ratio - - - - 0.101
HCM Control Delay (s) 0 - - - 16.6
HCM Lane LOS A - - - C
HCM 95th %tile Q(veh) 0 - - - 0.3
Thiara Estates Traffic Operations Memorandum
1: Butte House Rd & Elmer Ave Cumulative Plus Project AM Peak-Hour HCM 6th TWSC Synchro 11 Report
Wood Rodgers, Inc. Page 1
Intersection
Int Delay, s/veh 0.7
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 0 311 619 0 31 4
Future Vol, veh/h 0 311 619 0 31 4
Conflicting Peds, #/hr 0 0 0 1 0 0
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length 80 - - - 0 -
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 92 92 92 92 92 92
Heavy Vehicles, % 0 3 5 14 8 33
Mvmt Flow 0 338 673 0 34 4
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 674 0 - 0 843 338
Stage 1 - - - - 674 -
Stage 2 - - - - 169 -
Critical Hdwy 4.1 - - - 6.96 7.56
Critical Hdwy Stg 1 - - - - 5.96 -
Critical Hdwy Stg 2 - - - - 5.96 -
Follow-up Hdwy 2.2 - - - 3.58 3.63
Pot Cap-1 Maneuver 927 - - - 291 575
Stage 1 - - - - 452 -
Stage 2 - - - - 826 -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 926 - - - 290 574
Mov Cap-2 Maneuver - - - - 290 -
Stage 1 - - - - 452 -
Stage 2 - - - - 825 -
Approach EB WB SB
HCM Control Delay, s 0 0 18.4
HCM LOS C
Minor Lane/Major Mvmt EBL EBT WBT WBR SBLn1
Capacity (veh/h) 926 - - - 307
HCM Lane V/C Ratio - - - - 0.124
HCM Control Delay (s) 0 - - - 18.4
HCM Lane LOS A - - - C
HCM 95th %tile Q(veh) 0 - - - 0.4
Thiara Estates Traffic Operations Memorandum
1: Butte House Rd & Elmer Ave Cumulative Plus Project PM Peak-Hour HCM 6th TWSC Synchro 11 Report
Wood Rodgers, Inc. Page 1
Intersection
Int Delay, s/veh 0.5
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 0 702 505 0 24 12
Future Vol, veh/h 0 702 505 0 24 12
Conflicting Peds, #/hr 0 0 0 0 0 0
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length 80 - - - 0 -
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 92 92 92 92 92 92
Heavy Vehicles, % 0 1 1 0 0 0
Mvmt Flow 0 763 549 0 26 13
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 549 0 - 0 931 275
Stage 1 - - - - 549 -
Stage 2 - - - - 382 -
Critical Hdwy 4.1 - - - 6.8 6.9
Critical Hdwy Stg 1 - - - - 5.8 -
Critical Hdwy Stg 2 - - - - 5.8 -
Follow-up Hdwy 2.2 - - - 3.5 3.3
Pot Cap-1 Maneuver 1031 - - - 269 729
Stage 1 - - - - 548 -
Stage 2 - - - - 665 -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 1031 - - - 269 729
Mov Cap-2 Maneuver - - - - 269 -
Stage 1 - - - - 548 -
Stage 2 - - - - 665 -
Approach EB WB SB
HCM Control Delay, s 0 0 16.9
HCM LOS C
Minor Lane/Major Mvmt EBL EBT WBT WBR SBLn1
Capacity (veh/h) 1031 - - - 341
HCM Lane V/C Ratio - - - - 0.115
HCM Control Delay (s) 0 - - - 16.9
HCM Lane LOS A - - - C
HCM 95th %tile Q(veh) 0 - - - 0.4
Thiara Estates Traffic Operations Memorandum
ATTACHMENT E
SIGNAL WARRANT WORKSHEETS
CA SIGNAL WARRANT 3 ANALYSIS SCENARIOS: "AM/PM PEAK HOUR" CONDITIONS Date: July 21, 2022 Intersection No.: 1
MAJOR MINOR
EXST_AM 799 27 Intersection: Butte House Road & Elmer Avenue EXST_PM 1072 34
E+P_AM 802 34 Number of lanes on MAJOR street: 1
E+P_PM 1079 38
BLANK3 0 0 Number of lanes on MINOR street: 1
BLANK4 0 0
BLANK5 0 0
BLANK6 0 0
SCENARIO
APPROACH(ES) WARRANT
MET?
Note: Major approach is the total of both approaches. Minor approach is the highest of both approaches.
0 100
200
300
400
500
600
400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800
MINOR STREET--HIGHER VOLUME
APPROACH VPH
MAJOR STREET--TOTAL OF BOTH APPROACHES VPH
FIGURE 4C-3 WARRANT 3 PEAK HOUR VOLUME
(CALIFORNIA MUTCD, LAST UPDATED MARCH 27, 2020)
EXST_AM
EXST_PM
E+P_AM
E+P_PM
BLANK3
BLANK4
BLANK5
BLANK6
1 LANE & 1 LANE
2 OR MORE LANES & 1 LANE
2 OR MORE LANES & 2 OR MORE LANES
*Note: 150 vph applies as the lower threshold volume for a minor-street approach with two or more lanes and 100 vph applies as the lower threshold volume for a minor-street approach with one lane.
*150
*100
Thiara Estates Traffic Operations Memorandum
Yuba City, CA
Wood Rodgers, Inc.
\\woodrodgers.loc\ProductionData\Jobs\Jobs\8873001_Thiara_Estates\Traffic\Analysis\Signal Warrants\CA_MUTCDSigWarrantNo3AM_WAR.xls
CA SIGNAL WARRANT 3 ANALYSIS SCENARIOS: "AM/PM PEAK HOUR" CONDITIONS Date: July 21, 2022 Intersection No.: 2
MAJOR MINOR
EXST_AM 861 186 Intersection: Butte House Road & Blevin Road EXST_PM 1278 162
E+P_AM 864 194 Number of lanes on MAJOR street: 1
E+P_PM 1286 167
BLANK3 0 0 Number of lanes on MINOR street: 1
BLANK4 0 0
BLANK5 0 0
BLANK6 0 0
SCENARIO
APPROACH(ES) WARRANT
MET?
Note: Major approach is the total of both approaches. Minor approach is the highest of both approaches.
0 100
200
300
400
500
600
400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800
MINOR STREET--HIGHER VOLUME
APPROACH VPH
MAJOR STREET--TOTAL OF BOTH APPROACHES VPH
FIGURE 4C-3 WARRANT 3 PEAK HOUR VOLUME
(CALIFORNIA MUTCD, LAST UPDATED MARCH 27, 2020)
EXST_AM
EXST_PM
E+P_AM
E+P_PM
BLANK3
BLANK4
BLANK5
BLANK6
1 LANE & 1 LANE
2 OR MORE LANES & 1 LANE
2 OR MORE LANES & 2 OR MORE LANES
*Note: 150 vph applies as the lower threshold volume for a minor-street approach with two or more lanes and 100 vph applies as the lower threshold volume for a minor-street approach with one lane.
*150
*100
Thiara Estates Traffic Operations Memorandum
Yuba City, CA
Wood Rodgers, Inc.
\\woodrodgers.loc\ProductionData\Jobs\Jobs\8873001_Thiara_Estates\Traffic\Analysis\Signal Warrants\CA_MUTCDSigWarrantNo3AM_WAR.xls
90 Appendix B
MITIGATION MEASURES AND
MONITORING PLAN
Thiara Estates Subdivision:
Initial Study and Mitigated Negative Declaration for
Tentative Subdivision Map (TSM) 22-08 and Rezone (RZ) 22-07
1 City of Yuba City
MITIGATION MEASURES AND MONITORING PLAN
Thiara Estates Subdivision:
Initial Study and Mitigated Negative Declaration EA 22-13 For Tentative Subdivision Map 22-08
Impact Mitigation Measure Responsible Party Monitoring
Party Timing
3.7 Geology and
Soils
Paleontological Mitigation Measure 1: This Mitigation Measure shall be placed as a note on the Demolition and Grading Plans. If paleontological resources are found, the construction manager shall halt all activity and immediately contact the Development Services Department at 530-822-4700.
Mitigation shall be conducted as follows:
1. Identify and evaluate paleontological resources by intense field survey where impacts are considered high;
2. Assess effects on identified sites;
3. Consult with the institutional/academic paleontologists conducting research investigations within the geological formations that are slated to be impacted;
4. Obtain comments from the researchers;
5. Comply with researchers’ recommendations to address any significant adverse effects were determined by the City to be feasible.
In considering any suggested mitigation proposed by the consulting paleontologist, the City’s Community Development Department Staff shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, Specific or General Plan policies and land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work Developer Developer,
Public Works
Dept.,
Development
Services Dept.
During
grading
phase
2 may proceed on other parts of the project site while mitigation for paleontological resources is carried out.
3.8. Greenhouse
Gases
Greenhouse Gas Mitigation 1: The site grading and construction of the self-storage facility shall comply with the GHG Reduction Measures provided in the adopted Yuba City Resource Efficiency Plan.
Developer Development
Services Dept.
Prior to
issuance of
building
permits.
3.18. Tribal
Cultural
Resources
TCR 1 If potential tribal cultural resources (TCRs) are discovered during ground disturbing construction activities, all work shall cease within 100 feet of the find (or an appropriate distance based on the apparent distribution of the TCR). A qualified cultural resources specialist meeting the Secretary of Interior’s Professional Qualifications Standards for Archaeology, as well as Native American Representatives from traditionally and culturally affiliated Native American Tribes that have engaged in consultation for the project will be invited to assess the significance of the find and make recommendations for further evaluation and treatment as necessary. Culturally appropriate treatment may include, but is not limited to, processing materials for reburial, minimizing handling of cultural objects, leaving objects in place within the landscape, or returning objects to a location within the project area where they will not be subject to future impacts. The United Auburn Indian Community of the Auburn Rancheria (Tribe) does not consider curation of TCR’s to be appropriate or respectful and request that materials not be permanently curated, unless requested by the Tribe.
The types of treatment preferred by UAIC that protects, preserves, or restores the integrity of a TCR may include Tribal Monitoring, or recovery of cultural objects, and reburial of cultural objects or cultural soil that is done in a culturally appropriate manner.
Recommendations of the treatment of a TCR will be documented in the project record. For any recommendations made by traditionally Developer Developer,
Public Works
Dept.,
Development
Services Dept.
During
construction
phase
3 and culturally affiliated Native American Tribes that are not implemented, a justification for why the recommendation was not followed will be provided in the project record.
If articulated or disarticulated human remains are discovered during ground disturbing construction activities or ground disturbing activities, all work shall cease within 100 feet of the find, and the provisions provided in the Health and Safety Code Section 7054 shall apply. If the remains are determined by the County Coroner to be human and that of a Native American, then Public Resources Code 5097.98, 5097.99. 5097.991, and compliance with the provisions of CEQA Guidelines Section 15064.5(e)(1) and (2) shall be
implemented.
Agenda Item 7
CITY OF YUBA CITY
STAFF REPORT
Date: May 2, 2023
To: Honorable Mayor & Members of the City Council;
From: Fire Department
Presentation By: Jesse Frias, Fire Marshal
Summary
Subject: Update of Safe and Sane Fireworks Regulations
Recommendation: Adopt an Ordinance of the City Council of Yuba City regulating the use of fireworks by adding Section 4-11.02 (Discharge of Fireworks) of Chapter 11, and amending Section 4-17.20 (Exemptions [Noise Regulations]) of Chapter 17 and Section 5602 of Chapter 5 (Fire Prevention), and adding Section 5602.2 (dangerous fireworks) to Section 4-5.02 of Chapter 5, all of Title 4 of the Yuba City Municipal Code by title only and waive the second reading Fiscal Impact: None
Purpose:
To update the Municipal Code to modify the period of time to sell and discharge “safe and sane fireworks,” regulate dangerous fireworks, and ensure that lawful use of fireworks does not constitute a noise violation during lawful periods of discharge.
Council's Strategic Goal:
Business Friendly and Community Risk Reduction.
Background:
In previous years, there have been significant issues surrounding the use of fireworks in our community. Fireworks pose a serious fire hazard which have resulted in injuries and/or property damage. Noise from fireworks can have negative impacts, especially for infants, small children, the infirm, and persons with post-traumatic stress disorder. Animals, such as house pets and wildlife, are often terrified by fireworks. Pets are prone to panic and commonly escape from their owners because of this noise. Complaints about fireworks place a strain on public safety resources, especially on the Independence Day holiday, when there is an excess of fireworks disturbance calls.
While the current Municipal Code does have some regulations in place to address fireworks, community feedback indicates that refinements may be necessary. The City Council has reviewed options regarding this issue and discussed potential approaches during a day-long public workshop held on January 26, 2023. As a result of this guidance, staff has returned with a draft Ordinance for Council consideration.
Analysis:
The draft Ordinance would update the Municipal Code to:
• Reduce the time to sell/purchase “safe and sane fireworks”. • From: Beginning at 12:00 noon on June 28 and ending at 12:00 noon on July 6. • To: Beginning at 12:00 noon on June 28 and ending at 11:00 p.m., and beginning at 8:00 a.m. and ending at 11:00 p.m. on June 29 through July 4.
• Reduce the time to discharge “safe and sane fireworks”. • From: Begin June 28th from noon each day with no end date defined. • To: Between June 29th and July 4th from noon to 11:00 p.m. each day. • Prohibit discharge of “safe and sane fireworks” within 10 feet of a residence. • Provide a specific time frame to exempt the discharge of “safe and sane fireworks” from the City’s noise ordinance, as well as those with a special permit (such as would be required for a community-wide fireworks event).
Staff does not recommend any change to the Administrative citation (up to $500 per violation) structure.
As community groups often use the sale of fireworks for fundraisers, the Fire Department has reached out to vendors of “safe and sane fireworks,” who have generally confirmed that the proposed refinements are feasible.
Finally, when reviewing the most recent version of the City’s Municipal Code, it appeared that the latest updates did not include certain fireworks regulations that had previously been adopted by the City Council. These include prohibitions against the use of “dangerous” fireworks as defined by state law, as well as “social host” enforcement. As a result, these regulations are also proposed to be added back into the Fire Prevention Code. Violations of the section are a misdemeanor, and penalties are a fine of $1,000 per violation.
Fiscal Impact:
No direct fiscal impact will result from the adoption of the Ordinance.
Alternatives:
1. The Council may amend the draft ordinance to address issues associated with the sale and use of fireworks. The Council may also choose to take no action, which will leave the current regulations in effect.
Recommendation:
Adopt an Ordinance of the City Council of Yuba City regulating the use of fireworks by adding Section 4-11.02 (Discharge of Fireworks) of Chapter 11, and amending Section 4-17.20 (Exemptions [Noise Regulations]) of Chapter 17 and Section 5602 of Chapter 5 (Fire Prevention), and adding Section 5602.2 (dangerous fireworks) to Section 4-5.02 of Chapter 5, all of Title 4 of the Yuba City Municipal Code by title only and waive the second reading.
Attachments:
1. 2023 Fireworks Ordinance (2)
Prepared By: Submitted By:
Jesse Frias
Fire Marshal
Diana Langley
City Manager
ATTACHMENT 1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY REGULATING THE USE OF FIREWORKS BY ADDING SECTION 4-11.02 (DISCHARGE OF FIREWORKS) OF CHAPTER 11, AMENDING SECTION 4-17.20 (EXEMPTIONS [NOISE REGULATIONS]) OF CHAPTER 17 AND SUBSECTION 5602 OF SECTION 4-5.02 OF CHAPTER 5 (FIRE PREVENTION), AND ADDING SECTION 5602.2 (DANGEROUS FIREWORKS) TO SECTION 4-5.02 OF CHAPTER 5, ALL OF TITLE 4 OF THE YUBA CITY MUNICIPAL CODE
WHEREAS, the City of Yuba City has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the city, Cal. Const. Art. XI, section 7; and WHEREAS, the City Council of the City of Yuba City finds that certain conditions constitute a public nuisance and are a threat to the public peace, safety and welfare of the City; and WHEREAS, Health and Safety Code Section 12541 authorizes the City Council to establish local fireworks regulations; and
WHEREAS, the use or possession of dangerous or illegal fireworks continues to increase within the City limits; and,
WHEREAS, dangerous fireworks pose a serious risk to the public’s safety, given the potential for personal bodily injury and property damage and loss, and the unknown material composition of these fireworks and lack of safeguards; and WHEREAS, fireworks pose a serious fire hazard which can result in injuries and/or property damage; and
WHEREAS, apart from fire hazards, the noise from fireworks has negative impacts upon the quality of life including infants and small children, the infirm, and persons with post-traumatic stress disorder. Animals, such as house pets and wildlife, are easily terrified by fireworks. Pets are prone to panic, and commonly escape from their owners because of this noise; and WHEREAS, complaints about fireworks place a strain on public safety resources, especially on the Independence Day holiday when there is an excess of fireworks disturbance calls; and
WHEREAS, the City recognizes the need to adopt further restrictions and increase penalties for the possession, sale, use or discharge of dangerous fireworks; and WHEREAS, it is the intent of the City Council to reasonably regulate the possession, sale, use or discharge of dangerous fireworks within the City to protect the public health, safety, and general welfare of its residents.
WHEREAS, the City periodically updates its ordinances to ensure that they are achieving their aims, while continuing to adhere to legal requirements; and
WHEREAS, the City Council now desires to update the Municipal Code to modify the period of time to sell and discharge “safe and sane fireworks,” to ensure that the same do not constitute a noise violation during lawful periods of discharge, and to hold parties responsible for illegal discharge and possession.
NOW THEREFORE, the City Council of the City of Yuba City does hereby ordain as follows:
SECTION 1. The above recitals are incorporated are hereby by reference.
SECTION 2. Section 5602 of Section 4-5.02 of Chapter 5 of Title 4 of the Yuba City Municipal Code is amended to read as follows:
Section 5602.
Fireworks - Prohibition.
Except as otherwise provided in this chapter, no person shall possess, sell, use, display or explode within the City any kind of fireworks as defined in Section 12511 of the Health and Safety Code, including, but not limited to, any rocket, firecracker, roman candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler, wooden core sparkler, black cartridge or other combustible device or explosive substance. Discharge, igniting, exploding, projecting, or otherwise firing or using any kind of fireworks is prohibited except as otherwise authorized in Section 4-11.02 or Section 5602.2 of this Section 4-
5.02. Fireworks - Exception.
It shall not be unlawful to sell within the City those fireworks as are defined and classified as “safe and sane fireworks” in the State Fireworks Law (Sections 12500, et seq. of the Health and Safety Code) during that time period as follows:
June 28: Beginning at 12:00 noon and ending at 11:00 p.m.
June 29 through July 4: Beginning at 8:00 a.m. and ending at 11:00 p.m.
Permit required.
It shall be unlawful for any person to sell “safe and sane fireworks” within the City without having first applied for and receiving a City permit.
Prerequisite for permit issuance.
(a) No permit to sell fireworks shall be issued to any person, except nonprofit organizations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes.
(b) Each such organization shall have its principal and permanent meeting place within Sutter County limits and shall have been organized and established in an area which is presently within the limits for a minimum of one (1) year continuously preceding the filing of the application for the permit.
(c) No organization shall submit more than one (1) application for permit to sell fireworks within the City of Yuba City. Submittal of more than one (1) application shall be grounds for denial of all applications.
The number of available permits which includes any permits issued pursuant will be limited to one (1) per two thousand (2,000) population based on the latest survey available to the City of Yuba City. If necessary, a lottery system will be used to fill permit vacancies. Only one (1) permit to sell fireworks pursuant to this chapter shall be issued to an eligible applicant.
Permit application.
(a) All applications for permits to sell fireworks shall be in writing to the Fire Marshal.
Applications may be filed beginning March 1 of each year up to and including March 31 of same year, at which time the filing period for that year will close. Applications shall set forth the proposed location of the fireworks stand being applied for, and other information as may be required by the Fire Marshal. (b) Any person, firm, corporation, or organization applying for a permit to sell fireworks shall furnish to the Yuba City Fire Department a policy of public liability and property damage insurance. This policy shall have no deductible, with a limit of bodily injury of not less than one million ($1,000,000) dollars and a limit of property damage not less than one million ($1,000,000) dollars. The City of Yuba City and its agents and employees shall be named as coinsured on the policy. (c) Applicants for such permits shall be notified by April 15 of each calendar year by the Fire Marshal of the approval or disapproval of such applications for such permit. All organizations whose permits have been approved shall have up to and including July 1st of that year to pick up such permit.
(d) Every application for a permit shall be accompanied by the established permit fee for the sales of fireworks. The permit fee will be refunded if the application is not approved.
Fireworks stand.
All retail sales of “safe and sane” fireworks shall be permitted only from within a temporary firework stand, and the sale from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following provisions:
(a) No fireworks stand shall be located within fifty (50’) feet of any other building or within one hundred (100’) feet of any gasoline pump or distribution point or within
one hundred (100') feet of any other fireworks booth, unless separated by a roadway four (4) lanes wide or greater.
(b) Fireworks stands need not comply with the provisions of the Building Code of the City; provided, however, that all stands shall be erected under the supervision of the Fire Inspector, who shall require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons; and provided further that any electrical installations shall comply with all applicable codes. (c) Each stand shall be provided with two (2) two and one-half (2 1/2) gallon “water type” (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.
(d) No stand shall have a floor area in excess of seven hundred fifty (750) square feet. (e) Each stand shall have at least two (2) exits. Each stand in excess of forty (40') feet in length shall have at least three (3) exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty four (24') feet. Exit doors shall be not less than twenty-four (24'') inches wide and six feet and two (6'2'') inches in height and shall swing in the direction of exit travel.
Operation of stand.
(a) No person shall sell fireworks to any person under the age of eighteen (18). (b) Sale of fireworks shall begin no earlier than 12:00 noon on June 28th and shall not continue after 11 p.m. on July 4th of the same year.
(c) No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.
(d) No person other than the individuals who are members of the permittee organization or the wives, husbands, parents or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand. (e) No person under the age of eighteen (18) shall sell or participate in the sale of fireworks.
(f) Each stand shall have an adult watchperson in attendance while the stand is being used for the sale, display or storage of fireworks. In lieu of a night watchperson, a Class IV magazine or equivalent, as approved by the Fire Marshal, may be used to store fireworks.
(g) All fireworks shall be retained at the approved location. In no event shall unsold fireworks be removed from the approved location to any other place without written approval of the Fire Marshal.
(h) Stands may not be located on public or residential property.
General requirements for permittees.
All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty-five (25') feet surrounding the stand. “NO SMOKING” signs shall be prominently displayed on and in the fireworks stand.
No fuel-powered generator or similar equipment shall be allowed within fifty (50’) feet of a fireworks stand.
SECTION 3. Subsection 5602.2 of Section 4-5.02 of Chapter 5 of Title 4 of the Yuba City Municipal Code is amended to read as follows:
Section 5602.2.
Dangerous Fireworks – Prohibition.
(a) For purposes of this section, dangerous fireworks are those fireworks specified as such in the State Fireworks Law, Section 12505 of the California Health and Safety Code, and such other fireworks as may be determined to be dangerous by the State Fire Marshal. All other types of fireworks are regulated by Section 5602 of Section 4-5.02 of this chapter, and Section 4-11.02.
(b) It shall be unlawful for any person or responsible party to possess, sell, use or discharge dangerous fireworks unless a permit authorizing such possession, sale, use or discharge has been issued by the Fire Chief or Fire Marshal to the person or responsible party using, selling, discharging or found in possession of said fireworks, and unless such person is in possession of a valid pyrotechnic operator’s license issued by the Office of the State Fire Marshal and obtain a fireworks permit for use or discharge from the Fire Chief or Fire Marshal. The Fire Chief or Fire Marshal may establish reasonable rules and regulations for governing issuance of a firework permit and may issue the same subject to payment of a fee as established by the City Council from time to time.
Definitions.
For the purposes of this section, the following definitions shall apply:
(a) “Enforcement officer” means any City officer, employee, or law enforcement officer of the City designated by the Municipal Code or the City Manager to enforce any provision of the Municipal Code or any Code adopted by the City, and includes the City’s Fire Chief, Fire Marshal, Building Official, Development Services Director, enforcement officer, and their respective designees. Whenever an enforcement officer charged with the enforcement of any provision of this code determines that a violation has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.
(b) “Property” means private property, rented residential premises, or rented commercial residences; including, but not limited to, a home, yard, or field, whether occupied on a temporary or permanent basis, whether or not occupied as a dwelling and whether owned, leased, rented, or used with or without compensation. (c) “Residence or other private property” means a home, yard, apartment, condominium, hotel or motel room, other dwelling unit, a hall or meeting room, or commercial property, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation.
(d) “Responsible party” includes, but is not limited to:
1. The person(s) who owns, rents, leases, or otherwise has possession of the residence or other private property;
2. The person(s) in immediate control of the residence or other private property; and
3. The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the illegal discharge or illegal storage of fireworks.
If the residence or other private property is rented or leased, the landlord or lessor is not covered by this section unless they fall within the category of persons described under paragraph 2 or 3 of this definition. A landlord or lessor can only be held responsible under paragraph 3 of this definition if he or she has knowledge that fireworks are being discharged or illegally stored on the property without obtaining a permit therefor from the Fire Chief or Fire Marshal.
Violations and Penalties.
(a) Misdemeanor. Any person or responsible party who violates any of the provisions of this section shall be guilty of a misdemeanor.
(b) Administrative Citation. An administrative citation may be issued by an enforcement officer to any person or responsible party who violates any of the provisions of this section pursuant to the procedures as set forth in Chapter 6, Title 1 of the Yuba City Municipal Code.
1. Notwithstanding Section 1-6.040, all violators and responsible parties shall be subject to an administrative fine in an amount not to exceed $1,000 for the first violation; and a fine in an amount not to exceed $1,000 for any subsequent violation.
2. The imposition of administrative fines shall be limited to persons or responsible parties who possess, sell, use or discharge or seizure of 25 pounds or less of dangerous fireworks.
3. Administrative fines collected pursuant to this section shall not be subject to Health and Safety Code Section 12706.
Penalties Not Exclusive.
Nothing in this section shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks. The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in the Yuba City Municipal Code or any other law, statute, ordinance or regulation, including those regulating nuisances.
SECTION 4. Section 4-11.02 of Chapter 11 of Title 4 of the Yuba City Municipal Code is added to read in its entirety as follows:
Sec. 4-11.02. – Discharge of Fireworks
It is unlawful for any person to discharge, ignite, explode, project, or otherwise fire or use any fireworks, or permit the discharge, ignition, explosion or projection thereof, unless having first obtained a special permit in writing from the Fire Chief or Fire Marshal. Such unlawful use is an infraction, is also deemed a nuisance pursuant to chapter 8, title 4, and is subject to enforcement remedies identified in Section 4-8.501.
Notwithstanding the foregoing, discharge and use of “safe and sane fireworks” as classified and defined in the State Fireworks Law (Sections 12500, et seq. of the Health and Safety Code) is authorized between June 29th and July 4th from noon to 11:00 p.m. each day.
However, “safe and sane fireworks” shall not be discharged, ignited, exploded, projected, or otherwise fired or used within ten feet of any residence dwelling or other structure used as a place of habitation by human beings, which shall constitute a nuisance.
SECTION 5. Section 4-17.20 of Chapter 17 of Title 4 of the Yuba City Municipal Code is amended to read in its entirety as follows:
Sec. 4-17.20. Exemptions.
The term "loud and raucous noise" as used in this chapter does not include noise or sound generated by the following:
(a) Cries for emergency assistance and warning calls.
(b) Radios, sirens, horns and bells on police, fire and other emergency response vehicles. (c) Parades, fireworks displays and other special events for which a permit has been obtained from the City are exempted provided there is compliance with all conditions which have been noted in writing on the permit. That loud and raucous noise produced as a result of noncompliance with any condition specified on the permit is not exempted from the requirements of this chapter.
(d) Activities on or in publicly owned property and facilities, or by public employees while in the authorized discharge of their responsibilities, are exempt provided that such activities have been authorized by the owner of such property or facilities or its agent or by the employing authority.
(e) Religious worship activities, including but not limited to, bells, organs, singing and preaching.
(f) Locomotives and other railroad equipment and aircraft. (g) The collection of solid waste by employees of a company engaged in the waste disposal business.
(h) Organized activities at the Yuba Sutter Fair.
(i) Organized sports events.
(j) The discharge of “safe and sane fireworks” during the times authorized in Section 4-11.02, and the discharge of fireworks for which a special permit has been issued per Section 5602 of Section 4-5.02 of this chapter or Section 4-11.02.
SECTION 6: SEVERABILITY. If any article, section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The Council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 7: EFFECTIVE DATE. This ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.\
Introduced and read at a regular meeting of the City Council of the City of Yuba City on the ___ day of April, 2023, and passed and adopted at a regular meeting held on the ____ day of _____, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Wade Kirchner, Mayor
City of Yuba City
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Ciara Wakefield, Deputy City Clerk Shannon Chaffin, City Attorney Aleshire & Wynder, LLP
Agenda Item 8
CITY OF YUBA CITY
STAFF REPORT
Date: May 2, 2023
To: Honorable Mayor & Members of the City Council;
From: Public Works Department
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Plumas Street Improvements Design Award
Recommendation: Adopt a Resolution Awarding a Professional Services Agreement to Melton Design Group, Inc. of Chico, CA for the Plumas Street Improvements Project (Preliminary Engineering Services) in the amount of $185,700, and authorizing the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney
Fiscal Impact: $204,270.00 – CIP Account No. 1268 (Plumas Water Tower Maintenance) $204,270.00 – Total Design Cost
$185,700.00 – Design Award Amount
$ 18,570.00 – 10% Design Contingency
Purpose:
To award a design contract to begin implementation of the Plumas Street Improvements Project.
Council Strategic Goal:
This project addresses two Council Strategic Goals, “Business Friendly” and “Infrastructure.” This project will make the downtown area a more attractive place for residents by rehabilitating the City’s water tower and creating a park and other visible upgrades.
Background:
In 2022, the California Department of Transportation (Caltrans) created the Clean California Local Grant Program (CCLGP) to fund projects which would clean and beautify public spaces, to improve spaces for walking and recreation. Through the review of this grant opportunity, City staff determined that the grant could fund multiple improvements along Plumas Street, while also making new improvements.
In March of 2022, the City received a notification from Caltrans that it had been awarded $2,235,628 for the Plumas Street project, which includes the following improvements to the downtown area:
• Water Tower
o Abate lead paint and remove old lighting systems on the water tower
o Re-paint the water tower and install new logos which match current City Standards o Install new multi-colored LED uplighting on water tower Park Under/Adjacent to Water Tower
• Park/common area with a shade structure
• Playscape Installation
• Drought-tolerant landscaping installation
• Digital event board installation
• Public Mural Installation
Plumas Street Improvements
• Installation of trash/recycling bins from Bridge Street to State Route 20 • Installation of an illuminated gateway arch at the downtown area entrance, which compliments Plumas Street’s current architectural style
Center Street:
• Install festoon-style lighting that crisscrosses over Center Street • Install trash/recycling bins along Center Street
In order to ensure that the project would be designed and constructed to meet current regulatory standards, while also reflecting the City’s vision for the Downtown area, City staff issued a Request for Proposals for Preliminary Engineering Services on September 15, 2022.
Analysis:
The City received four design proposals. A review of each proposal was completed by a selection committee of Public Works Engineering and Development Services staff. Melton Design Group, Inc. (Melton) was identified as the most qualified to provide design services for the project. Melton’s proposal transcended the other proposals due to their familiarity with the City through previous design work on the landscape design of Bridge Street Projects, Highway 20 Streetscape design, SR-20 and SR-99 Welcome Sign designs, and various other City projects. Melton’s proposal also emphasized the need for outreach to the community and stakeholders in the Downtown district, which will be key in ensuring a project that represents the community’s desires.
Melton's scope of work encompasses the design of the park improvements under the water tower, and the gateway arch near Bridge Street and Plumas Street. The remaining elements of the project will be designed and constructed by qualified vendors.
Fiscal Impact:
The design contract amount to be awarded is $185,700. Staff is also requesting a design contingency of $18,570 which equates to 10% of the design cost.
The project is proposed to be funded through CIP Account No. 1268 (Plumas Street Improvements Project). The account currently has a balance of $2,338,598.
Once the project is constructed, staff will coordinate with Caltrans in order to have the $2,235,628 in
grant funds reimbursed to the City.
Alternatives:
Do not award the contract to Melton, and either negotiate with the next ranked consultant, or issue another request for proposals. This may result in delays that could jeopardize project funding.
Recommendation:
Adopt a Resolution Awarding a Professional Services Agreement to Melton Design Group, Inc. of Chico, CA for the Plumas Street Improvements Project (Preliminary Engineering Services) in the amount of $185,700, and authorizing the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney Attachments:
1. Attachment 1 - Melton Design Award with Exhibits
Prepared By: Submitted By:
Josh Wolffe
Associate Civil Engineer
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING A PROFESSIONAL SERVICES AGREEMENT TO MELTON DESIGN GROUP, INC. IN THE AMOUNT OF $185,700 FOR THE PLUMAS STREET IMPROVEMENTS
PROJECT (PRELIMINARY ENGINEERING SERVICES), AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY,
SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM BY THE CITY
ATTORNEY
WHEREAS, the City has been awarded $2,235,628 through the Clean California Local Grant Program, administered by the California Department of Transportation, for the Construction of the Plumas Street Historic District and Water Tower Park Improvements Project; and,
WHEREAS, staff issued a Request for Proposals on September 15, 2022 to find the most qualified consultant to provide preliminary engineering services for the Project and received four proposals by or on October 19, 2022; and, WHEREAS, after careful analysis of the proposals based on the guidelines set forth by the California Department of Transportation, staff has determined Melton Design Group, Inc. to be the most qualified to provide the preliminary engineering services; and, WHEREAS, staff recommends awarding a Professional Services Agreement to the top-ranked consultant, Melton Design Group, Inc., for Preliminary Engineering Services for the Project.; and,
WHEREAS, it has been determined by the City Council that such provisions are in the public interest.
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:
Section 1. The City Council of the City of Yuba City finds that Melton Design Group, Inc. is the top ranked, most qualified responsive bidder, and has demonstrated competence.
The City Council finds that Melton Design Group, Inc. has the professional qualifications for the services required, availability, and can provide the services at a fair and reasonable cost. The City Council approves the “Professional Services Agreement” attached as Exhibit “A” with Melton Design Group, Inc. subject to its material terms. The City Manager is authorized to execute the same on behalf of the City and to make any non-material, technical, and clerical edits and corrections to the agreement subject to approval as to form by City Attorney.
Section 2. This Resolution shall take effect immediately.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 2
nd day of May, 2023.
AYES:
NOES:
ABSENT:
Wade Kirchner, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):
Exhibit A – (Draft) Professional Services Agreement
EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of January 20, 2023, by and between the City of Yuba City, a municipal corporation (“City”) and Melton Design Group, Inc. (“Consultant”).
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein; and
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. The Consultant shall furnish the following services in a professional manner.
See Attached Scope of Services
(Exhibit 1)
2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is completed and approved by the City. Finalization shall be completed at the direction of the City of Yuba City, but prior to June 30, 2024.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit 1, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed $325,841.24 without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment.
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.
B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.
C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $0.00. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate.
Invoices shall be submitted no later than thirty (30) calendar days after the
performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
Josh Wolffe
Public Works Department
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
(530) 822-3288
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $325,841.24
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.
6. Termination.
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon request.
* Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regards to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Consultant’s Books and Records:
a. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrated performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so.
Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and
b. Possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(B)(2).)
10. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
11. Conflict of Interest.
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by
Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
13. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
14. State Prevailing Wage Rates.
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site.
Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or
Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due.
CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project.
d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight
(8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journeyto- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.
15. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Yuba City business license.
14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs, including attorney fees and expenses in connection therein), arising out of the performance of this Agreement in whole or in part by any negligent act or omission of the Consultant, or anyone directly or indirectly employed by the Consultant or anyone for whose acts the Consultant may be liable, or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
15. Insurance Requirements. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, necessary insurance policies as described in Exhibit 2.
16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed
communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City Josh Wolffe
Public Works Department
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
(530) 822-3288
If to Consultant: Gregory Melton
President/CEO
Melton Design Group, Inc.
820 Broadway Street
Chico, CA 95928
(530) 899-1616
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under the Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Sutter.
23. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
24. Disputes. Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Public Works Director, who may consider written or verbal information submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
27. Prohibited Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from.
28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF YUBA CITY: CONSULTANT:
By: ____________________________ By: _________________________ Diana Langley Gregory Melton
City Manager President & CEO
City of Yuba City Melton Design Group, Inc.
Attachments: Exhibit 1 – Scope of Services
Exhibit 2 – Insurance Requirements
Exhibit 1
Scope of Services
Exhibit 2
Insurance Requirements
I. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance for his/her employees in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. For all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto as Exhibit C.
II. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
III. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
IV. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations are by the Consultant or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
V. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a current A.M. Best’s rating of no less than A:VII and shall be endorsed with the following specific language or equivalent:
A. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. Conforms to ISO CG 2009 and CG 2037 10 01. Both are required.
B. This policy shall be considered primary insurance as respects to the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
C. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
D. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
E. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
F. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage except after thirty (30) days written notice has been received by the City.
VI. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retention’s.
VII. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City, as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
Exhibit 3
Vendor Payment Options
The City of Yuba City currently participates in an electronic bill pay program.
The Control Pay Advanced program offered through Commerce Bank is an automated accounts payable solution. Commerce Bank enrolls City vendors in the program. Once enrolled, the Finance Department will send weekly electronic accounts payable files using the standard industry Automated Clearing House (ACH) technology, to Commerce Bank listing all information regarding the payment to the vendor. Commerce Bank will then process the accounts payable file and transmit electronic payments to those vendors in the program through Visa instead of the City processing individual checks and sending by mail. Vendors will receive the funds in their bank account within 24-48 hours.
Does your company accept Visa payment for invoices? _____ YES _____ NO AUTHORIZED SIGNER:
By:___________________________
Title:__________________________
Agenda Item 9
CITY OF YUBA CITY
STAFF REPORT
Date: May 2, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Housing Element GPA/Rezone Project
Recommendation: A. Conduct a Public Hearing, and;
B. Adopt a Resolution of the City Council of the City of Yuba City approving Environmental Assessment (EA) 22-07 by adopting a Mitigated Negative Declaration prepared for the Implementing Policies of the 2021-2029 Housing Element project, and adopt General Plan Amendment 22-03 for approximately
75.89 acres located throughout the City (Assessor’s Parcel Number 59-020-017, 59-020-015, 61-120-004, 59-530-034, 59-020-018, 59-020-016, 51-393-003, 51- 393-002, 57-150-078, 57-150-004, 57-150-050, 58-120-001, 57-220-065, 53- 470-088, 53-470-079, 53-470-083, 53-470-087, 53-470-076, 53-470-085, 53- 470-078, 53-470-077, 53-470-081, 53-470-086, 53-470-095, 53-470-082, 53- 470-092, 53-470-080, 53-470-090, 53-470-096, 53-470-089, 53-470-093, 53- 470-084, 53-470-094, 53-470-098, and 53-470-097); and
C. Introduce an Ordinance of the City Council of the City of Yuba City to adopt Rezone 22-04 for the Implementing Policies of the 2021-2029 Housing Element project for approximately 75.89 acres, which includes an X29 Combining District on 14.95 acres, located throughout the City (Assessor’s Parcel Number 59-020- 017, 59-020-015, 61-120-004, 59-530-034, 59-020-018, 59-020-016, 51-393- 003, 51-393-002, 57-150-078, 57-150-004, 57-150-050, 58-120-001, 57-220- 065, 53-470-088, 53-470-079, 53-470-083, 53-470-087, 53-470-076, 53-470- 085, 53-470-078, 53-470-077, 53-470-081, 53-470-086, 53-470-095, 53-470- 082, 53-470-092, 53-470-080, 53-470-090, 53-470-096, 53-470-089, 53-470- 093, 53-470-084, 53-470-094, 53-470-098, and 53-470-097), by title only and waive the first reading
Fiscal Impact: Staff time for processing the project application.
Purpose:
To consider General Plan Amendment 22-03 and Rezone 22-04 with Combining Zone District X29 to implement the 2021-2029 Housing Element.
Council’s Strategic Goal:
This item meets the City Council’s strategic goal of improving the quality of life for city residents by establishing sufficient residential land designations to meet the needs of the city.
Background:
The 2021-2029 Housing Element was adopted by City Council on March 1, 2022, and certified by the CA Housing and Community Development Department (HCD) on May 5, 2022.
This proposed GPA and RZ is an implementation of the General Plan Housing Element. It is a Cityinitiated effort to meet the City’s Regional Housing Needs Allocation (RHNA) fair share assessment for lower income residents as identified by the recently adopted 2021-2029 Housing Element. Housing Element Policy H-C-7 provides that the City will provide a sufficient amount of zoned land to accommodate the RHNA number (1,544 dwelling units). The City’s Housing Element vacant land inventory identified capacity to accommodate 1,336 dwelling units, leaving a shortfall of 208 units for the lower income RHNA. The proposed GPA and RZ will alleviate this shortfall by increasing potential residential development density consistent with Program H-C-7 of the 2021-2029 Housing Element.
This GPA and RZ does not include any actual development, as the private sector is responsible for developing the proposed sites.
The candidate sites that were selected to be redesignated to accommodate future potentially higher density residential development were selected based on consideration of several factors including land use compatibility, access to available utility and public road infrastructure, property owner interest, and site constraints. The acreage consists of parcels ranging between 0.5-10 acres in area, which is expressly encouraged by the State and reflected in Housing Element Program H-C-7.
On March 22, 2023, the Yuba City Planning Commission conducted a public hearing and voted to adopt Resolution PC 23-09 recommending approval of GPA 22-03 and R 22-04 to the City Council together with Environmental Assessment 22-07.
Analysis:
GPA 22-03 and RZ 22-04, involves 35 parcels that implements the requirements of Program H-C-7 of the 2021-2029 Housing Element. This GPA and RZ is intended to make available adequate land capable of accommodating the 1,544 needed lower income housing units in compliance with RHNA and State Housing law.
This proposed project, covering 75.89 acres, increases the minimum residential development densities to 12 units per acre. The rezoning will also include an X29 Combining Zone District for three of the 35 parcels, totaling 14.95 acres, that will require new residential densities to be a minimum of 20 units per acre. More specifically:
• General Plan Amendment 22-03: The proposal will amend the General Plan Land Use Element by re-designating 35 parcels from; Medium/Low Density Residential (29 parcels), Low Density Residential (3 parcels), Office and Office Park (2 parcels), and Public Facility (1 parcel) all to a Medium/High Density Residential (HDR) General Plan Designation. • Rezone 22-04: The proposal will rezone twelve of those same properties to be consistent with the GPA discussed above. This includes three parcels currently in a One-Family Residential (R1) Zone District, six parcels in a Two-Family Residence (R-2) Zone District, and three parcels in a Commercial Office (C-O) Zone District. All are proposed to be rezoned to a Multiple-Family (R-3) Zone District in order to be consistent with the HDR General Plan designation described above. Twenty-three of the properties were previously zoned R-3, and a rezoning is not required.
• X29 Combining District: In addition, three of the 35 properties, totaling 14.95 acres will have
an X29 Combining District added to the R-3 zoning. The X29 Combining District will require new residential development to occur at a minimum of 20 units per acre as compared to the standard R-3 zoned properties that could be developed at a minimum of 12 units per acre.
Applying the X29 Combining District to 14.95 acres exceeds the Program H-C-7 requirement to rezone 10.4-acres with an increased residential density.
The project will provide an additional 75.89 acres within the City for multiple-family residential housing, primarily on underutilized or vacant infill sites. The sites are appropriately located along or near major transportation corridors within the City. The sites will provide more opportunities for future development to build at higher densities. Support for multifamily housing will enhance the community by providing a balance of housing types within the City.
General Property Characteristics:
Per the Environmental Study prepared for the project, the proposed sites have been previously disturbed and do not contain any environmental constraints such as riparian habitat, water features, sensitive natural communities, or hazardous materials. The sites have adequate access to major roadways as well as the utility infrastructure necessary to support multiple-family development. The areas surrounding the 35 sites contain urban levels of development with low density residential, commercial, office, and light industrial uses that are generally compatible with multiple-family residential uses. The overall characteristics for each area where the General Plan amendments are proposed are described in further detail below. The properties are generally located within four areas of the City:
1. Butte House Road Corridor – There are several parcels consisting of approximately 14.6 acres along the north side of Butte House Road between Tharp Road and Romero Street. This area is primarily a residential area that is transitioning between homes on larger lots that were built prior to the area incorporating into the City, to larger properties developing into more urban and suburban type development. Butte House Road is designated in the General Plan Circulation Element as a four-lane major arterial designed to accommodate high traffic volumes from urban development.
2. Walton Avenue Corridor – Five infill type properties consisting of approximately 9.73 acres fronting along Walton Avenue, north and south of Franklin Road. This is primarily a single-family residential area with some smaller locally serving commercial uses. This proposal will allow for development of a wider mix of different residential densities and uses. Walton Avenue is designated as a four-lane major arterial having capacity to accommodate traffic from urban development. One of the properties (7.38 acres) is proposed to be rezoned to the X29 Combining District is located within this area.
3. Regional Housing Authority (RHA) – Twenty-two of the properties consisting of approximately
50.34 acres are located within the area owned and managed by the Regional Housing Authority.
The developed portion of the RHA properties primarily consist of multiple-family development.
As such, any new multiple-family development would be compatible with the existing uses. Two of the properties (7.57 acres) proposed to be rezoned to the X29 Combining District are located within this area.
4. Market Street Area – There are two adjoining properties, consisting of approximately 1.22 acres on Market Street just north of downtown. The site is vacant and is located at the northwest corner of Perkins Way and Market Street. The site exhibits flat topography that was previously disturbed. Historical aerials indicate the site was previously used as a vehicle and material storage yard.
Attachment 3 provides the location and details for all properties involved.
Compatibility with Surrounding Uses:
While no development accompanies this project, the subject sites were reviewed to ensure future multiple-family development at the prescribed density would be compatible with neighboring uses and the existing physical build-out surrounding each site. The sites are located within the developed portion of the City, which consists of a suburban level of development supported by a large grid roadway network. Existing development within these areas of the City include a mix of single-family residential, commercial, and to a lesser extent, offices, multiple-family, and vacant lands. Overall, the larger suburban context featuring a robust roadway network, utility infrastructure, emergency services, local parks, and a large commercial development presence supports the concept of additional multiple-family residences.
The sites would have direct access to public roads and would not require a connection to an existing single-family neighborhood that would impact traffic on a roadway currently experiencing low traffic volumes. The sites are sized to accommodate multiple-family development including necessary site improvements such as private driveways, pedestrian connectivity, onsite parking spaces, landscaping, and recreational amenities such as clubhouses, pools, private patios, balconies, and/or play equipment.
Orientation of multiple-family buildings can also be designed to minimize intrusion to adjacent uses, as well as height reduction, locating buildings closer to public street frontages, landscape buffering, location of solid waste enclosures, balcony placement, and lighting considerations. Additional City review and permitting will be required for any subsequent development proposals for the project sites to review for compliance with R-3 Zone District development standards and to ensure design compatibility with the existing neighboring uses.
General Plan Compliance:
The proposed GPA and RZ is consistent with the guiding goals and policies contained within the City of Yuba City General Plan. The project supports and forwards the following highlighted goals contained within the General Plan:
• 3.4-I-5: Provide a variety of housing in all neighborhoods and reserve sites, where appropriate, for housing types that ensures that Yuba City remains an inclusive, affordable community. • 2.5-G-7: Enhance aspects of the community that help economic development and draw residents to Yuba City, including small-town ambience, educational, cultural, environmental, and recreational resources, and affordable housing.
• 3.4-I-7: Promote infill development that maintains the scale and character of established neighborhoods.
• 3.5-G-6: Encourage and provide incentives for infill development, including affordable housing for low and very low-income residents, within existing residential areas at a density not less than surrounding development, subject to appropriate standards to ensure compatibility with adjacent uses.
The project will allow for future development of multiple-family housing within the urbanized area of the City on underutilized or vacant infill sites. The sites range in size from 1-acre to 8.21 acres, which are sized to support a small multiple-family complex to a medium or large-scale multiple-family development. The parcel sizes would accommodate the various aspects of a multiple-family development including the minimum number of dwellings required of the HDR designation and R-3 zoning (12-36 units/acre), vehicular and emergency vehicle access, off-street parking, landscaping, water quality treatment, onsite amenities, and utilities. The sites are appropriately located along major transportation corridors within the City that provide an appropriate transition area from low density residential development, office, or vacant land uses to higher intensity uses such as multiple-family residences.
Support for affordable housing will increase the City’s economic vitality in attracting new residents and enhancing the community with a balance of housing types within the City.
Zoning Compliance:
It's important to recognize this project does not propose any physical development. The candidate sites have been selected based on a number of factors, including suitability to support high density residential development, and ability to meet objective standards of the R-3 zone and Title 8 of the City Code. All new development that may follow this action will be reviewed for compliance with all City development and design standards.
Traffic:
The project was evaluated for resulting traffic related impacts associated with the proposed GPA and RZ and impacts were determined to be less than significant. Although no physical development is proposed as part of this project, the future development of the subject sites would result in construction activities and the occupation of new residences that would result in vehicle trips being generated, potentially beyond those which could be anticipated under the existing general plan and zoning. The City’s circulation system has been designed and sized for the ultimate build-out of the City’s land uses per the General Plan, and potential circulation impacts from build-out have been analyzed and disclosed in the General Plan Environmental Impact Report.
Significant impacts to capacity or level of service from future multiple-family residential development that may occur from the project are not anticipated given that the project sites front or are adjacent to major arterial streets (Butte House Road, Walton Avenue, and Garden Highway). These arterial streets are anticipated to be major traffic carriers and are within all level of service standards provided in the General Plan. The project sites all have nearby access to public transportation routes. Additionally, any project in excess of 25 units is required to have a Development Plan review by the Planning Commission and possibly the City Council to address project specific requirements, including traffic.
Future development that could occur on these sites would trigger improvements such as new driveways, internal circulation, solid waste servicing, frontage improvements, and/or other offsite public improvements. Additionally, a proposed development would be required to improve public street frontages and other facilities such as pedestrian infrastructure, public transportation improvements, and roadway improvements as needed. This review would ensure the site is adequate to serve the project and the anticipated traffic volumes produced from the development could be properly accommodated.
Future residential development projects will also be conditioned to contribute their fair share to the cost of circulation improvements via the existing citywide traffic impact fees that would be assessed.
Availability of City Services:
City design standards require new development to be connected to City services and project sites are near or within previously developed areas of the City; therefore water, wastewater, and stormwater drainage infrastructure is available to serve multiple-family development at each of the sites. Additional studies to determine capacity for existing infrastructure may be required based on a project specific development application. The GPA and RZ proposal do not conflict with any adopted plan or policy with regard to City utility infrastructure development or maintenance.
Environmental Considerations:
An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.
Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and recommends adoption of a mitigated negative declaration for this project. The findings of the mitigated negative declaration are that, with the proposed mitigations for Air Quality, the project will not create any significant impacts to nearby neighborhoods. As a result, the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA.
Fiscal Impact:
Staff time for processing the project application.
Alternatives:
1. Deny the application to establish General Plan Amendment 22-03 or Rezone 22-04.
2. Provide staff with alternate direction.
Recommendations:
1. Conduct a Public Hearing, and;
2. Adopt a Resolution of the City Council of the City of Yuba City approving Environmental Assessment (EA) 22-07 by adopting a Mitigated Negative Declaration prepared for the Implementing Policies of the 2021-2029 Housing Element project, and adopt General Plan Amendment 22-03 for approximately 75.89 acres located throughout the City (Assessor’s Parcel Number 59-020-017, 59-020-015, 61-120-004, 59-530-034, 59-020-018, 59-020-016, 51-393- 003, 51-393-002, 57-150-078, 57-150-004, 57-150-050, 58-120-001, 57-220-065, 53-470-088, 53-470-079, 53-470-083, 53-470-087, 53-470-076, 53-470-085, 53-470-078, 53-470-077, 53- 470-081, 53-470-086, 53-470-095, 53-470-082, 53-470-092, 53-470-080, 53-470-090, 53-470- 096, 53-470-089, 53-470-093, 53-470-084, 53-470-094, 53-470-098, and 53-470-097; and
3. Introduce an Ordinance of the City Council of the City of Yuba City to adopt Rezone 22-04 for the Implementing Policies of the 2021-2029 Housing Element project for approximately 75.89 acres, which includes an X29 Combining District on 14.95 acres, located throughout the City (Assessor’s Parcel Number 59-020-017, 59-020-015, 61-120-004, 59-530-034, 59-020-018, 59- 020-016, 51-393-003, 51-393-002, 57-150-078, 57-150-004, 57-150-050, 58-120-001, 57-220- 065, 53-470-088, 53-470-079, 53-470-083, 53-470-087, 53-470-076, 53-470-085, 53-470-078, 53-470-077, 53-470-081, 53-470-086, 53-470-095, 53-470-082, 53-470-092, 53-470-080, 53- 470-090, 53-470-096, 53-470-089, 53-470-093, 53-470-084, 53-470-094, 53-470-098, and 53- 470-097), by title only and waive the first reading.
Attachments:
1. City Council Resolution
2. City Council Ordinance
3. Planning Commission Staff Report Packet, dated March 22, 2023 Prepared By: Submitted By:
Doug Libby, AICP
Deputy Director of Development Services
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING ENVIRONMENTAL ASSESSMENT (EA) 22-07 BY ADOPTING A
MITIGATED NEGATIVE DECLARATION PREPARED FOR THE
IMPLEMENTING POLICIES OF THE 2021-2029 HOUSING ELEMENT
PROJECT, AND ADOPT GENERAL PLAN AMENDMENT 22-03 FOR
APPROXIMATELY 75.89 ACRES LOCATED THROUGHOUT THE CITY
(ASSESSOR’S PARCEL NUMBER 59-020-017, 59-020-015, 61-120-004, 59- 530-034, 59-020-018, 59-020-016, 51-393-003, 51-393-002, 57-150-078, 57-150- 004, 57-150-050, 58-120-001, 57-220-065, 53-470-088, 53-470-079, 53-470-083, 53-470-087, 53-470-076, 53-470-085, 53-470-078, 53-470-077, 53-470-081, 53- 470-086, 53-470-095, 53-470-082, 53-470-092, 53-470-080, 53-470-090, 53-470- 096, 53-470-089, 53-470-093, 53-470-084, 53-470-094, 53-470-098, AND 53-470- 097).
WHEREAS, the City of Yuba City Council adopted the 2021-2029 City of Yuba City General Plan Housing Element and Addendum to the General Plan Environmental Impact Report (EIR), SCH No. 2001072105, which identified a lower income Regional Housing Needs Allocation (RHNA) shortfall of 208 units and requires the City to rezone a minimum of 10.3 acres to MultipleFamily Residence (R-3) to alleviate that shortfall; and WHEREAS, The City of Yuba City is required to implement Program H-C-7 of the 2021- 2029 City of Yuba City General Plan Housing Element by a date certain; and WHEREAS, The City of Yuba City has identified 35 sites totaling 75.89 acres that meet the criteria identified under Program H-C-7 to alleviate the City’s lower income RHNA shortfall; and
WHEREAS, the City initiated an effort to meet the Regional Housing Needs Allocation (RHNA) fair share assessment for lower income residents as identified in the 2021-2029 Housing Element and consistent with Program H-C-7 adopted on March 1, 2022; and WHEREAS, as a result the following entitlements are being considered for approval:
• Environmental Assessment (EA) 22-07
• General Plan Amendment (GPA) 22-03
• Rezone (RZ) 22-04 with an X29 Combining District
(collectively “Project”); and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared a Mitigated Negative Declaration (SCH No. 2023020503) and Mitigation Monitoring and Reporting Program (MMRP) for the Project; and WHEREAS, on March 22, 2023, the Planning Commission concurrently conducted a duly noticed public hearing on Environmental Assessment 22-08, General Plan Amendment 22-03, and Rezone 22-04, at which time it received input from City Staff, public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission, after which public testimony was closed; and
WHEREAS, the Planning Commission has reviewed the Environmental Assessment and all associated documents prepared for the project, the staff report pertaining to the General Plan Amendment, Rezone, and Environmental Assessment, and all of the evidence received by the Planning Commission; and
WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission recommended the City Council adopt Environmental Assessment 22-07 and General Plan 22-03, and adopt an Ordinance to approve Rezone 22-04; and WHEREAS, on May 2, 2023, the Yuba City Council conducted a Public Hearing to consider the Project and received both oral testimony and written information presented at the hearing regarding the General Plan Amendment and Rezone; and WHEREAS, the City Council of Yuba City considered said recommendations of the Planning Commission on the matter and after review and consideration of the Environmental Assessment, the City Council now desires to find that Environmental Assessment (EA) 22-07 prepared for the project is in conformance with State and local environmental guidelines; and WHEREAS, the City Council now desires to adopt EA 22-07 and GPA 22-03.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Yuba City as follows:
1. Recitals. The City Council finds that the recitals are true and correct, and incorporates the same herein as if set forth in full.
2. CEQA Findings: The City Council of the City of Yuba City finds that an Environmental Assessment / Initial Study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines, and reflects the City Council’s independent judgment and analysis. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.
Preparation of Environmental Assessment 22-07 necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies. While the proposed project could have a potentially significant effect on the environment, based on its independent judgment and analysis, the City Council find that feasible mitigation measures or alternatives have been incorporated into the project in order to avoid the effects or mitigate the effects to a point where no significant effect on the environment will occur, and there is no substantial evidence in the record that this project may have any direct, indirect or cumulative effects on the environment that are potentially significant and adverse. The proposed project will not result in any adverse effects which fall within the “Mandatory Findings of Significance” contained in Section 15065 of the State CEQA Guidelines. The project-specific mitigation measures included in the project to avoid potentially significant effects are set forth in the Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the project specific mitigations imposed, there is no substantial evidence in the record that this project may have significant direct, indirect or cumulative effects on the environment. As such, the City Council also find and determine that in light of the entire administrative record and the substantial evidence before it, the project has been adequately environmentally assessed as required by CEQA per Environmental Assessment 22-07.
3. Adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Based on the foregoing, the City Council of the City of Yuba City adopts the
Mitigated Negative Declaration, that was prepared for the project, including the associated Mitigation Monitoring and Reporting Program, as the project will not result in any significant, adverse environmental impacts with the mitigations proposed. The Yuba City Development Services Department is located at 1201 Civic Center Boulevard, Yuba City, CA 95993, and is recommended to be designated as the custodian of the documents and other materials that constitute the record of the proceedings upon which the decision is based. The City Council authorizes the Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for approval of the project that complies with the CEQA Guidelines.
4. General Plan Findings. The City Council finds that the public necessity, general welfare, good planning practices, public interest, and convenience warrant approval of General Plan Amendment 22-03, including the following:
a. Of the proposed three parcels on the 19.99-acre property, the 11.99-acre parcel will remain designated as Office and Office Park. The two-four acre lots would be redesignated to Regional Commercial. These designations are consistent with other policies and programs in the General Plan.
The project is consistent with the objectives of Program H-C-7 of the 2021-2029 Housing Element which requires the City to amend the zoning to R-3 on at least 10.3 acres within the City to alleviate the existing 208-unit shortfall for lower income RHNA.
The project will forward the goals of the Housing Element to provide for additional affordable housing opportunities within the City. The project sites are appropriately sited to support high-density residential development permitted under the MediumHigh Density Residential designation as the sites are infill parcels where supporting infrastructure is already in place such as a robust roadway network operating at acceptable levels of service, utility infrastructure, emergency services such as municipal police and fire protection facilities, local parks, and nearby commercial businesses to support resident needs. The sites are also compatible in terms of land use and provide natural transitions between major arterial roadway segments and lowdensity residential development and will have independent access that does not conflict with low volume residential streets surrounding the sites.
The project supports and forwards the following highlighted goals contained within the General Plan:
3.4-I-5: Provide a variety of housing in all neighborhoods and reserve sites, where appropriate, for housing types that ensures that Yuba City remains an inclusive, affordable community.
2.5-G-7: Enhance aspects of the community that help economic development and draw residents to Yuba City, including small-town ambience, educational, cultural, environmental and recreational resources, and affordable housing.
3.4-I-7: Promote infill development that maintains the scale and character of established neighborhoods.
3.5-G-6: Encourage and provide incentives for infill development, including affordable housing for low and very low-income residents, within existing residential areas at a density not less than surrounding development, subject to appropriate standards to ensure compatibility with adjacent uses.
The project will allow for future development of multi-family housing within the urbanized area of the City on underutilized or vacant infill sites. The sites are appropriately located along major transportation corridors within the City that provide an appropriate transition area from low density residential development to higher intensity uses such as multi-family. The sites will be utilized for future development of multi-family units intended for lower income residents to maintain affordable housing within the City. Support for affordable housing will increase the City’s economic vitality in attracting new residents and enhancing the community with a balance of housing types within the City. The project sites are not located within a specific plan area.
The sites have all City services available to them, which have capacity to serve the density range of 12-36 units per acre allowed under the Medium-High Density Residential designation. The existing public roadway network adjacent to the sites and within the larger surrounding areas is adequate to support the anticipated vehicle and pedestrian traffic associated with the planned residential use with feasible improvements imposed upon a future development plan. The sites are sized to accommodate the anticipated density and will allow for adequate onsite circulation to occur with a proposed development plan. The environmental document prepared for the project did not find any inadequacies of the property that would provide concerns for the development of the property.
The project sites are located along major transportation corridors which are appropriate for siting multi-family residential development envisioned with the proposed GPA and Rezone. The existing roadways will support the anticipated vehicle and pedestrian traffic. The sites are sized to accommodate multi-family residential development and their associated improvements such as parking, drive aisles, landscaping, pedestrian corridors and amenities, and waste enclosures. As previously discussed, all City services will be brought to the property that are adequate to serve the proposed residential use of the property. There are no known environmental hazards associated with the project site that would render the site unsuitable for residential development.
Based on the Environmental Assessment (EA 22-07) and Mitigation Monitoring Program prepared for the project, any potential environmental impacts will be mitigated to a less than significant level.
The project does not result in any physical development of any of the sites, however the project will allow future residential development to occur at a higher density than previously permitted under the previous General Plan land use designation.
Development of the sites will require connection to public utility infrastructure such as water, sewer, stormwater, electric, gas, and telecommunications. Future development of the sites will be evaluated for potential impacts to ensure proposed development is not detrimental to public health and safety.
5. Approval of GPA 22-03. The City Council adopts General Plan Amendment 22-03, per the attached Exhibit “A” made a part hereof by this reference, be designated to the General Plan land use designations, as depicted in Exhibit “A”.
6. Effective Date of Resolution. This Resolution shall become effective immediately.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City
Council of the City of Yuba City at a regular meeting thereof held on the 2nd day of May, 2023.
AYES:
NOES:
ABSENT:
_____________________________
Wade Kirchner, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
_________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit A: General Plan Maps, GPA 22-03
EXHIBIT A
61-120-004
59-530-034
59-020-017
59-020-018
59-020-016
59-020-015
BUTTE HOUSE RD
QUEENS AVE
HARTER PKWY
THARP RD
61-120-004
59-530-034
59-020-017
59-020-018
59-020-016
59-020-015
BUTTE HOUSE RD
QUEENS AVE THARP RD
Butte House Road Corridor Butte House Road Corridor
Land Use Map - GPA 22-03, RZ 22-04, EA 22-07 Land Use Map - GPA 22-03, RZ 22-04, EA 22-07 I!
Legend
Project Sites
DESIGNATION
Agricultural/Rural
Business, Technology & Light Industry
Community Commercial
Low Density Residential
Manufacturing, Processing & Warehousing
Medium/High Density Residential
Medium/Low Density Residential
Neighborhood Commercial
Office & Office Park
Parks, Recreation & Open Space
Public & Semi-Public
Regional Commercial
Existing Land Use Designation
New Land Use Designation
51-393-002
51-393-003
SHASTA ST
PLUMAS ST
DEL NORTE AVE
MARKET ST
SUTTER ST
AINSLEY AVE
HARKEY WAY
ALMOND ST
HWY 20
PERKINS WAY
BIRD ST
BAPTIST LN
LAMON WAY
20 51-393-002
51-393-003
SHASTA ST
PLUMAS ST
SUTTER ST
DEL NORTE AVE
MARKET ST
HARKEY WAY
ALMOND ST
HWY 20
AINSLEY AVE
PERKINS WAY
LAMON WAY
BAPTIST LN
ALTURAS ST
20 Market Street Area Market Street Area
Land Use Map - GPA 22-03, RZ 22-04, EA 22-07 Land Use Map - GPA 22-03, RZ 22-04, EA 22-07 I!
Legend
Project Sites
SDE.DBO.GeneralPlan
DESIGNATION
Agricultural/Rural
Business, Technology & Light Industry
Community Commercial
Low Density Residential
Manufacturing, Processing & Warehousing
Medium/High Density Residential
Medium/Low Density Residential
Neighborhood Commercial
Office & Office Park
Parks, Recreation & Open Space
Public & Semi-Public
Regional Commercial
Existing Land Use Designation
New Land Use Designation
53-470-086
53-470-090
53-470-094
53-470-098
53-470-078
53-470-087
53-470-083
53-470-079
53-470-089 53-470-082
53-470-092
53-470-093
53-470-077
53-470-097
53-470-081
53-470-088
53-470-076
53-470-080
53-470-079
53-470-095 53-470-084
GARDEN HWY
53-470-096
53-470-086
53-470-090
53-470-094
53-470-098
53-470-078
53-470-087
53-470-083
53-470-079
53-470-089 53-470-082
53-470-092
53-470-093
53-470-077
53-470-097
53-470-081
53-470-088
53-470-076
53-470-080
53-470-079
53-470-095 53-470-084
GARDEN HWY
53-470-096
Regional Housing Authority Area Regional Housing Authority Area Land Use Map - GPA 22-03, RZ 22-04, EA 22-07 Land Use Map - GPA 22-03, RZ 22-04, EA 22-07 I!
Legend
Project Sites
SDE.DBO.GeneralPlan
DESIGNATION
Agricultural/Rural
Business, Technology & Light Industry
Community Commercial
Low Density Residential
Manufacturing, Processing & Warehousing
Medium/High Density Residential
Medium/Low Density Residential
Neighborhood Commercial
Office & Office Park
Parks, Recreation & Open Space
Public & Semi-Public
Regional Commercial
Existing Land Use Designation
New Land Use Designation
58-120-001
57-150-050
57-150-078
57-150-004
THARP RD
FRANKLIN RD
N WALTON AVE S WALTON AVE
58-120-001
57-150-050
57-150-078
57-150-004
THARP RD
FRANKLIN RD
N WALTON AVE S WALTON AVE
Walton Avenue Corridor Walton Avenue Corridor
Land Use Map - GPA 22-03, RZ 22-04, EA 22-07 Land Use Map - GPA 22-03, RZ 22-04, EA 22-07 I!
Legend
X29 Overlay Sites
Project Sites
SDE.DBO.GeneralPlan
DESIGNATION
Agricultural/Rural
Business, Technology & Light Industry
Community Commercial
Low Density Residential
Manufacturing, Processing & Warehousing
Medium/High Density Residential
Medium/Low Density Residential
Neighborhood Commercial
Office & Office Park
Parks, Recreation & Open Space
Public & Semi-Public
Regional Commercial
Existing Land Use Designation
New Land Use Designation
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY TO ADOPT REZONE 22-04 FOR THE IMPLEMENTING POLICIES OF THE 2021- 2029 HOUSING ELEMENT PROJECT FOR APPROXIMATELY 75.89 ACRES, WHICH INCLUDES AN X29 COMBINING DISTRICT ON 14.95 ACRES, LOCATED THROUGHOUT THE CITY (ASSESSOR’S PARCEL NUMBER 59- 020-017, 59-020-015, 61-120-004, 59-530-034, 59-020-018, 59-020-016, 51-393- 003, 51-393-002, 57-150-078, 57-150-004, 57-150-050, 58-120-001, 57-220-065, 53-470-088, 53-470-079, 53-470-083, 53-470-087, 53-470-076, 53-470-085, 53- 470-078, 53-470-077, 53-470-081, 53-470-086, 53-470-095, 53-470-082, 53-470- 092, 53-470-080, 53-470-090, 53-470-096, 53-470-089, 53-470-093, 53-470-084, 53-470-094, 53-470-098, AND 53-470-097).
WHEREAS, the City of Yuba City Council adopted the 2021-2029 City of Yuba City General Plan Housing Element and Addendum to the General Plan Environmental Impact Report (EIR), SCH No. 2001072105, which identified a lower income Regional Housing Needs Allocation (RHNA) shortfall of 208 units and requires the City to rezone a minimum of 10.3 acres to MultipleFamily Residence (R-3) to alleviate that shortfall; and WHEREAS, The City of Yuba City is required to implement Program H-C-7 of the 2021- 2029 City of Yuba City General Plan Housing Element by a date certain; and WHEREAS, The City of Yuba City has identified 35 sites totaling 75.89 acres that meet the criteria identified under Program H-C-7 to alleviate the City’s lower income RHNA shortfall; and
WHEREAS, the City initiated an effort to meet the Regional Housing Needs Allocation (RHNA) fair share assessment for lower income residents as identified in the 2021-2029 Housing Element and consistent with Program H-C-7 adopted on March 1, 2022; and WHEREAS, as a result the following entitlements are being considered for approval:
Environmental Assessment (EA) 22-07
General Plan Amendment (GPA) 22-03
Rezone (RZ) 22-04 with an X29 Combining District
(collectively “Project”); and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared a Mitigated Negative Declaration (SCH No. 2023020503) and Mitigation Monitoring and Reporting Program (MMRP) for the Project; and WHEREAS, on March 22, 2023, the Planning Commission concurrently conducted a duly noticed public hearing on Environmental Assessment 22-08, General Plan Amendment 22-03, and Rezone 22-04, at which time it received input from City Staff, public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission, after which public testimony was closed; and
WHEREAS, the Planning Commission has reviewed the Environmental Assessment and all associated documents prepared for the project, the staff report pertaining to the General Plan Amendment, Rezone, and Environmental Assessment, and all of the evidence received by the Planning Commission; and
WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission recommended the City Council adopt Environmental Assessment 22-07 and General Plan 22-03, and adopt an Ordinance to approve Rezone 22-04; and WHEREAS, on May 2, 2023, the Yuba City Council conducted a Public Hearing to consider the Project and received both oral testimony and written information presented at the hearing regarding the General Plan Amendment and Rezone; and WHEREAS, the City Council of Yuba City considered said recommendations of the Planning Commission on the matter and after review and consideration of the Environmental Assessment, adopted Environmental Assessment (EA) 22-07 and approved GPA 22-03 at the meeting of May 2, 2023; and
WHEREAS, the City Council now desires to also approve RZ 22-04.
NOW, THEREFORE, the City Council of the City of Yuba City does ordain as follows:
1. Recitals. The City Council finds that the recitals are true and correct, and incorporates the same herein as if set forth in full.
2. CEQA Findings: The City Council of the City of Yuba City has concurrently considered and previously approved EA 22-07 at the meeting of May 2, 2023, by adopting an Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program for the project. With the project specific mitigations imposed, there is no substantial evidence in the record that this project may have significant direct, indirect, or cumulative effects on the environment. No further CEQA is required, as CEQA has been completed for this project.
3. Rezone Findings. The City Council finds that Rezone 22-04 is consistent with the General Plan as amended by General Plan Amendment 22-03. The City Council finds that Rezone 22-04 i) is consistent with the General Plan goals and policies as amended and as further described in the City Council’s Resolution approving General Plan Amendment 22-03; ii) is consistent with the purpose of the zoning ordinance to promote and protect the public’s health, safety, peace, comfort, convenience and general welfare; iii) the project would provide open space, light, air, privacy, convenience, access, aesthetic values, protection of environmental values, and protection of public and private improvements; and iv) the project will allow for the creation of quality economic growth and development for the City.
4. Approval of RZ 22-04. Based on the information provided above, the City Council of Yuba City adopts an Ordinance approving RZ 22-04 and reclassify the zone districts for those districts as depicted in Exhibit “A” and “B” shown on the zoning map of the City of Yuba City.
5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published, in accordance with Government Code, Section 36933, or as otherwise required by law.
7. Effective Date of Resolution. This ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage and adoption.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 2nd day of May 2023, and adopted the Ordinance after the second reading at a regular meeting held on the ______day of _____2023, by the following roll call vote:
Ayes:
Noes:
Absent:
Recused:
CITY OF YUBA CITY
_____________________________
Wade Kirchner, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
_________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit A: Zoning Map, Rezone 22-04Exhibit B: X29 Combining District Description
I, ______________________________, Deputy City Clerk of the City of Yuba City, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Yuba City on the date and by the vote indicated herein.
EXHIBIT A
R-1
R-1
R-1 R-2
R-1
C-M
R-2
R-2
R-3
C-O
C-2
R-3
R-2
R-1
PD
C-2
PD
M-1 C-2
BUTTE HOUSE RD
BLEVIN RD
ADAMS RD
ELMER AVE
QUEENS AVE
HARTER RD
ORO GRANDE ST
ESPLANADE WAY
ROMERO ST
TURIN DR
DOMAIN WAY
EL VERANO WAY ELIZABETH LN
GENOA CT
LA ENTRADA WAY
SHAY WAY
THARP RD
GRANADA WAY
LA GRANDE WAY
JAYNE CT
R-1
R-1
R-1 R-2
R-1
C-M
R-2
R-2
R-3
C-O
C-2
R-3
R-2
R-1
PD
C-2
BUTTE HOUSE RD
BLEVIN RD
ADAMS RD
ELMER AVE
QUEENS AVE
HARTER RD
ORO GRANDE ST
ESPLANADE WAY
ROMERO ST
TURIN DR
DOMAIN WAY
EL VERANO WAY ELIZABETH LN
GENOA CT
LA ENTRADA WAY
SHAY WAY
THARP RD
GRANADA WAY
LA GRANDE WAY
JAYNE CT
Butte House Corridor Butte House Corridor
Zoning Map - GPA 22-03, RZ 22-04, EA 22-07 Zoning Map - GPA 22-03, RZ 22-04, EA 22-07 Existing Zoning Existing Zoning
C-O
New Zoning
I!
R-3
R-3
C-O
C-3
C-M
M-2
C-O
C-M
R-2
R-1
M-2
M-2
C-O
R-1
R-3
C-M
R-1
C-3
R-3
C-3
SHASTA ST
PLUMAS ST
SUTTER ST
DEL NORTE AVE
MARKET ST
HARKEY WAY
HWY 20
ALMOND ST
AINSLEY AVE
PERKINS WAY
LAMON WAY
BAPTIST LN
20 Market Street Area Market Street Area
Zoning Map - GPA 22-03, RZ 22-04, EA 22-07 Zoning Map - GPA 22-03, RZ 22-04, EA 22-07 Existing Zoning Existing Zoning
C-O
C-O
C-O
C-M
C-3
M-2
R-2
C-O
C-M
R-1
C-O
M-2
R-3
M-2
R-1
C-3
C-M
C-3
R-1
R-3
C-O
SHASTA ST
PLUMAS ST
DEL NORTE AVE
SUTTER ST
HWY 20
MARKET ST
HARKEY WAY
ALMOND ST
AINSLEY AVE
PERKINS WAY
ALTURAS ST
LAMON WAY
BAPTIST LN
HWY 20
20 R-3
New Zoning
I!
EXHIBIT B
ATTACHMENT 3
CITY OF YUBA CITY
PLANNING COMMISSION
STAFF REPORT
Date: March 22, 2023
To: Chair and Members of the Planning Commission
From: Development Services Department
Presentation By: Doug Libby, Deputy Development Services Director Subject: General Plan Amendment (GPA) 22-03 and Rezone (RZ) 22-04 to implement the 2021-2029 Housing Element.
Recommendation: A. Conduct a Public Hearing, and;
B. Adopt a Resolution recommending the City Council of the City of Yuba City approve Environmental Assessment 22-07 by adopting a Mitigated Negative Declaration, subject to the Mitigation Measures, and adopt an Ordinance approving General Plan Amendment 22-03 and Rezone 22- 04, on 75.89 acres, which includes an X29 Combining District on 14.95 acres, located throughout the City (Assessor’s Parcel Number 59-020- 017, 59-020-015, 61-120-004, 59-530-034, 59-020-018, 59-020-016, 51-393-003, 51-393-002, 57-150-078, 57-150-004, 57-150-050, 58- 120-001, 57-220-065, 53-470-088, 53-470-079, 53-470-083, 53-470- 087, 53-470-076, 53-470-085, 53-470-078, 53-470-077, 53-470-081, 53-470-086, 53-470-095, 53-470-082, 53-470-092, 53-470-080, 53- 470-090, 53-470-096, 53-470-089, 53-470-093, 53-470-084, 53-470- 094, 53-470-098, and 53-470-097).
Applicant: City of Yuba City
Owner(s): Various
Project Location: Citywide - Attachment 2 provides the location and details for all properties involved.
Specific Plan: None of the properties are located within a specific plan.
General Plan: Existing: The properties are located in various general plan designations:
• Low Density Residential (LDR): Three of the parcels (1.35 acres).
Approximately 1.8% of the area is designated LDR, which provides for a residential density range of 2 to 8 residences per acre. • Low-Medium Density Residential (MDR): 29 of the 35 parcels (72.32 acres). Approximately 95% of the area being considered is currently
Item 9
2 designated MDR, which provides for a residential density range of 6 to 14 residences per acre.
• Office and Office Park (O): Two parcels (1.22 acres). Approximately
1.6% of the area is designated O. This designation does not provide for residential uses except when in conjunction with an office development. • Public & Semipublic (P): One parcel (1 acre). Approximately 1.3% of the area is designated P. This designation does not provide for residential development.
Proposed:
• Medium-High Density Residential (HDR): All 35 properties (75.89 acres) are proposed to be re-designated HDR. This designation provides for a residential density of 12 to 36 residences per acre.
Zoning: Existing zoning: The properties are located in various zone districts:
• One-Family Residence (R-1) Zone District: Three parcels (1.35 acres).
Approximately 2% of the project area is zoned R-1.
• Two-Family Residential (R-2) Zone District: Six parcels (18 acres).
Approximately 23.7% of the project area is zoned R-2.
• Multiple-Family Residence (R-3) Zone District: Twenty-three parcels (54.32 acres). Almost 72% of the project area is zoned R-3. These properties do not need rezoning, even though the corresponding general plan designation is being modified.
• Office Commercial (C-O) Zone District: Three parcels (2.22 acres).
Approximately 3% of the project area is zoned C-O.
Proposed zoning:
• Multiple-Family (R-3): Twelve (12) parcels (21.57 acres) currently zoned R-1, R-2, and C-O are proposed to be rezoned to an R-3 Zone District. The other 23 parcels are already zoned R-3; and • X29 Combining District: Three of the 35 properties (14.95 acres) are also proposed to have an X29 Combining Zone District added to the R3 zoning. The X29 would require any residential development to be built to a minimum of 20 units per acre, as compared to the standard R-3 zoned properties that could be developed at a minimum of 12 units per acre.
Purpose:
Consideration of a Resolution to recommend approval to the City Council of General Plan Amendment 22-03 and Rezone 22-04 with Combining Zone District X29 to implement the 2021- 2029 Housing Element.
Item 9
3 Background:
The 2021-2029 Housing Element was adopted by City Council on March 1, 2022, and certified by the CA Housing and Community Development Department (HCD) on May 5, 2022.
This proposed GPA and RZ is an implementation of the General Plan Housing Element. It is a City-initiated effort to meet the City’s Regional Housing Needs Allocation (RHNA) fair share assessment for lower income residents as identified by the recently adopted 2021-2029 Housing Element. Housing Element Policy H-C-7 provides that the City will provide a sufficient amount of zoned land to accommodate the RHNA number (1,544 dwelling units). The City’s Housing Element vacant land inventory identified capacity to accommodate 1,336 dwelling units, leaving a shortfall of 208 units for the lower income RHNA. The proposed GPA and RZ will alleviate this shortfall by increasing potential residential development density consistent with Program H-C-7 of the 2021-2029 Housing Element. This GPA and RZ does not include any actual development, as the private sector is responsible for developing the proposed sites.
The candidate sites that were selected to be redesignated to accommodate future potentially higher density residential development were selected based on consideration of several factors including land use compatibility, access to available utility and public road infrastructure, property owner interest, and site constraints. The acreage consists of parcels ranging between 0.5-10 acres in area, which is expressly encouraged by the State and reflected in Housing Element Program H-C-7.
Project Description:
GPA 22-03 and RZ 22-04, involves 35 parcels that implements the requirements of Program HC-7 of the 2021-2029 Housing Element. This GPA and RZ is intended to make available adequate land capable of accommodating the 1,544 needed lower income housing units in compliance with RHNA and State Housing law.
This proposed project, covering 75.89 acres, increases the minimum residential development densities to 12 units per acre. The rezoning will also include an X29 Combining Zone District for three of the 35 parcels, totaling 14.95 acres, that will require new residential densities to be a minimum of 20 units per acre. More specifically:
• General Plan Amendment 22-03: The proposal will amend the General Plan Land Use Element by re-designating 35 parcels from; Medium/Low Density Residential (29 parcels), Low Density Residential (3 parcels), Office and Office Park (2 parcels), and Public Facility (1 parcel) all to a Medium/High Density Residential (HDR) General Plan Designation. • Rezone 22-04: The proposal will rezone twelve of those same properties to be consistent with the GPA discussed above. This includes three parcels currently in a One-Family Residential (R-1) Zone District, six parcels in a Two-Family Residence (R-2) Zone District, and three parcels in a Commercial Office (C-O) Zone District. All are proposed to be rezoned to a Multiple-Family (R-3) Zone District in order to be consistent with the HDR General Plan designation described above. Twenty-three of the properties were previously zoned R-3, and a rezoning is not required.
Item 9
4 • X29 Combining District: In addition, three of the 35 properties, totaling 14.95 acres will have an X29 Combining District added to the R-3 zoning. The X29 Combining District will require new residential development to occur at a minimum of 20 units per acre as compared to the standard R-3 zoned properties that could be developed at a minimum of 12 units per acre. Applying the X29 Combining District to 14.95 acres exceeds the Program H-C-7 requirement to rezone 10.4-acres with an increased residential density.
Analysis:
The project will provide an additional 75.89 acres within the City for multiple-family residential housing, primarily on underutilized or vacant infill sites. The sites are appropriately located along or near major transportation corridors within the City. The sites will provide more opportunities for future development to build at higher densities. Support for multifamily housing will enhance the community by providing a balance of housing types within the City.
General Property Characteristics:
Per the Environmental Study prepared for the project, the proposed sites have been previously disturbed and do not contain any environmental constraints such as riparian habitat, water features, sensitive natural communities, or hazardous materials. The sites have adequate access to major roadways as well as the utility infrastructure necessary to support multiple-family development. The areas surrounding the 35 sites contain urban levels of development with low density residential, commercial, office, and light industrial uses that are generally compatible with multiple-family residential uses. The overall characteristics for each area where the General Plan amendments are proposed are described in further detail below. The properties are generally located within four areas of the City:
1. Butte House Road Corridor – There are several parcels consisting of approximately 14.6 acres along the north side of Butte House Road between Tharp Road and Romero Street.
This area is primarily a residential area that is transitioning between homes on larger lots that were built prior to the area incorporating into the City, to larger properties developing into more urban and suburban type development. Butte House Road is designated in the General Plan Circulation Element as a four-lane major arterial designed to accommodate high traffic volumes from urban development.
2. Walton Avenue Corridor – Five infill type properties consisting of approximately 9.73 acres fronting along Walton Avenue, north and south of Franklin Road. This is primarily a singlefamily residential area with some smaller locally serving commercial uses. This proposal will allow for development of a wider mix of different residential densities and uses. Walton Avenue is designated as a four-lane major arterial having capacity to accommodate traffic from urban development. One of the properties (7.38 acres) is proposed to be rezoned to the X29 Combining District is located within this area.
3. Regional Housing Authority (RHA) – Twenty-two of the properties consisting of approximately 50.34 acres are located within the area owned and managed by the Regional Housing Authority. The developed portion of the RHA properties primarily consist of multiple-family development. As such, any new multiple-family development would be
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5 compatible with the existing uses. Two of the properties (7.57 acres) proposed to be rezoned to the X29 Combining District are located within this area.
4. Market Street Area – There are two adjoining properties, consisting of approximately 1.22 acres on Market Street just north of downtown. The site is vacant and is located at the northwest corner of Perkins Way and Market Street. The site exhibits flat topography that was previously disturbed. Historical aerials indicate the site was previously used as a vehicle and material storage yard.
Attachment 2 provides the location and details for all properties involved.
Compatibility with Surrounding Uses:
While no development accompanies this project, the subject sites were reviewed to ensure future multiple-family development at the prescribed density would be compatible with neighboring uses and the existing physical build-out surrounding each site. The sites are located within the developed portion of the City, which consists of a suburban level of development supported by a large grid roadway network. Existing development within these areas of the City include a mix of single-family residential, commercial, and to a lesser extent, offices, multiple-family, and vacant lands. Overall, the larger suburban context featuring a robust roadway network, utility infrastructure, emergency services, local parks, and a large commercial development presence supports the concept of additional multiple-family residences.
The sites would have direct access to public roads and would not require a connection to an existing single-family neighborhood that would impact traffic on a roadway currently experiencing low traffic volumes. The sites are sized to accommodate multiple-family development including necessary site improvements such as private driveways, pedestrian connectivity, onsite parking spaces, landscaping, and recreational amenities such as clubhouses, pools, private patios, balconies, and/or play equipment. Orientation of multiple-family buildings can also be designed to minimize intrusion to adjacent uses, as well as height reduction, locating buildings closer to public street frontages, landscape buffering, location of solid waste enclosures, balcony placement, and lighting considerations. Additional City review and permitting will be required for any subsequent development proposals for the project sites to review for compliance with R-3 Zone District development standards and to ensure design compatibility with the existing neighboring uses.
General Plan Compliance:
The proposed GPA and RZ is consistent with the guiding goals and policies contained within the City of Yuba City General Plan. The project supports and forwards the following highlighted goals contained within the General Plan:
• 3.4-I-5: Provide a variety of housing in all neighborhoods and reserve sites, where appropriate, for housing types that ensures that Yuba City remains an inclusive, affordable community.
• 2.5-G-7: Enhance aspects of the community that help economic development and draw residents to Yuba City, including small-town ambience, educational, cultural, environmental, and recreational resources, and affordable housing.
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6 • 3.4-I-7: Promote infill development that maintains the scale and character of established neighborhoods.
• 3.5-G-6: Encourage and provide incentives for infill development, including affordable housing for low and very low-income residents, within existing residential areas at a density not less than surrounding development, subject to appropriate standards to ensure compatibility with adjacent uses.
The project will allow for future development of multiple-family housing within the urbanized area of the City on underutilized or vacant infill sites. The sites range in size from 1-acre to 8.21 acres, which are sized to support a small multiple-family complex to a medium or large-scale multiplefamily development. The parcel sizes would accommodate the various aspects of a multiplefamily development including the minimum number of dwellings required of the HDR designation and R-3 zoning (12-36 units/acre), vehicular and emergency vehicle access, off-street parking, landscaping, water quality treatment, onsite amenities, and utilities. The sites are appropriately located along major transportation corridors within the City that provide an appropriate transition area from low density residential development, office, or vacant land uses to higher intensity uses such as multiple-family residences.
Support for affordable housing will increase the City’s economic vitality in attracting new residents and enhancing the community with a balance of housing types within the City.
Zoning Compliance:
Although the project does not propose any physical development. The candidate sites have been selected based on a number of factors, including suitability to support high density residential development, and ability to meet objective standards of the R-3 zone and Title 8 of the City Code.
All new development that may follow this action will be reviewed for compliance with all City development and design standards.
Traffic:
The project was evaluated for resulting traffic related impacts associated with the proposed GPA and RZ and impacts were determined to be less than significant. Although no physical development is proposed as part of this project, the future development of the subject sites would result in construction activities and the occupation of new residences that would result in vehicle trips being generated, potentially beyond those which could be anticipated under the existing general plan and zoning. The City’s circulation system has been designed and sized for the ultimate build-out of the City’s land uses per the General Plan, and potential circulation impacts from build-out have been analyzed and disclosed in the General Plan Environmental Impact Report.
Significant impacts to capacity or level of service from future multiple-family residential development that may occur from the project are not anticipated given that the project sites front or are adjacent to major arterial streets (Butte House Road, Walton Avenue, and Garden Highway). These arterial streets are anticipated to be major traffic carriers and are within all level of service standards provided in the General Plan. The project sites all have nearby access to public transportation routes. Additionally, any project in excess of 25 units is required to have a Development Plan review by the Planning Commission and possibly the City Council to address project specific requirements, including traffic.
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7 Future development that could occur on these sites would trigger improvements such as new driveways, internal circulation, solid waste servicing, frontage improvements, and/or other offsite public improvements. Additionally, a proposed development would be required to improve public street frontages and other facilities such as pedestrian infrastructure, public transportation improvements, and roadway improvements as needed. This review would ensure the site is adequate to serve the project and the anticipated traffic volumes produced from the development could be properly accommodated. Future residential development projects will also be conditioned to contribute their fair share to the cost of circulation improvements via the existing citywide traffic impact fees that would be assessed.
Availability of City Services:
City design standards require new development to be connected to City services and project sites are near or within previously developed areas of the City; therefore water, wastewater, and stormwater drainage infrastructure is available to serve multiple-family development at each of the sites. Additional studies to determine capacity for existing infrastructure may be required based on a project specific development application. The GPA and RZ proposal do not conflict with any adopted plan or policy with regard to City utility infrastructure development or maintenance.
Environmental Determination
An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.
Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and recommends adoption of a mitigated negative declaration for this project. The findings of the mitigated negative declaration are that, with the proposed mitigations for Air Quality, the project will not create any significant impacts to nearby neighborhoods. As a result, the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA.
Recommended Action:
A. Conduct a Public Hearing, and;
B. Adopt a Resolution recommending the City Council of the City of Yuba City approve Environmental Assessment 22-07 by adopting a Mitigated Negative Declaration, subject to the Mitigation Measures, and adopt an Ordinance approving General Plan Amendment 22- 03 and Rezone 22-04, on 75.89 acres, which includes an X29 Combining District on 14.95 acres, located throughout the City (Assessor’s Parcel Number 59-020-017, 59-020-015, 61- 120-004, 59-530-034, 59-020-018, 59-020-016, 51-393-003, 51-393-002, 57-150-078, 57- 150-004, 57-150-050, 58-120-001, 57-220-065, 53-470-088, 53-470-079, 53-470-083, 53- 470-087, 53-470-076, 53-470-085, 53-470-078, 53-470-077, 53-470-081, 53-470-086, 53- 470-095, 53-470-082, 53-470-092, 53-470-080, 53-470-090, 53-470-096, 53-470-089, 53- 470-093, 53-470-084, 53-470-094, 53-470-098, and 53-470-097).
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8 Attachments:
1. Planning Commission Resolution
Exhibit A: General Plan Amendment 22-03
Exhibit B: Rezone 22-04
Exhibit C: X29 Combining District
2. Location Map and Information Table
3. Property Owner Support Letters
4. Environmental Assessment 22-07 and the Mitigation Monitoring Program
ATTACHMENT 1
PC 23-09
PLANNING COMMISSION RESOLUTION NO. PC 23-09
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF YUBA CITY
RECOMMENDING THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVE ENVIRONMENTAL ASSESSMENT 22-07 BY ADOPTING A MITIGATED NEGATIVE
DECLARATION, SUBJECT TO THE MITIGATION MEASURES, AND ADOPT AN ORDINANCE APPROVING GENERAL PLAN AMENDMENT 22-03 AND REZONE 22- 04, ON 75.89 ACRES, WHICH INCLUDES AN X29 COMBINING DISTRICT ON 14.95 ACRES, LOCATED THROUGHOUT THE CITY (ASSESSOR’S PARCEL NUMBER 59-020-017, 59-020-015, 61-120-004, 59-530-034, 59-020-018, 59-020-016, 51-393- 003, 51-393-002, 57-150-078, 57-150-004, 57-150-050, 58-120-001, 57-220-065, 53- 470-088, 53-470-079, 53-470-083, 53-470-087, 53-470-076, 53-470-085, 53-470-078, 53-470-077, 53-470-081, 53-470-086, 53-470-095, 53-470-082, 53-470-092, 53-470- 080, 53-470-090, 53-470-096, 53-470-089, 53-470-093, 53-470-084, 53-470-094, 53- 470-098, and 53-470-097).
WHEREAS, the City of Yuba City Council adopted the 2021-2029 City of Yuba City General Plan Housing Element and Addendum to the General Plan Environmental Impact Report (EIR), SCH No. 2001072105, which identified a lower income Regional Housing Needs Allocation (RHNA) shortfall of 208 units and requires the City to rezone a minimum of 10.3 acres to MultipleFamily Residence (R-3) to alleviate that shortfall; and WHEREAS, The City of Yuba City is required to implement Program H-C-7 of the 2021- 2029 City of Yuba City General Plan Housing Element by a date certain; and WHEREAS, The City of Yuba City has identified 35 sites totaling 75.89 acres that meet the criteria identified under Program H-C-7 to alleviate the City’s lower income RHNA shortfall; and
WHEREAS, the City initiated an effort to meet the Regional Housing Needs Allocation (RHNA) fair share assessment for lower income residents as identified in the 2021-2029 Housing Element and consistent with Program H-C-7 adopted on March 1, 2022; and WHEREAS, as a result the following entitlements are being considered for approval:
• Environmental Assessment (EA) 22-07
• General Plan Amendment (GPA) 22-03
• Rezone (RZ) 22-04 with an X29 Combining District
(collectively “Project”); and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared a Mitigated Negative Declaration (SCH No. 2023020503) and Mitigation Monitoring and Reporting Program (MMRP) for the Project; and WHEREAS, on March 22, 2023, the Planning Commission concurrently conducted a duly noticed public hearing on Environmental Assessment 22-08, General Plan Amendment 22-03, and Rezone 22-04, at which time it received input from City Staff, public comment portion was
PC 23-09
opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission, after which public testimony was closed; and WHEREAS, the Planning Commission has reviewed the Environmental Assessment and all associated documents prepared for the project, the staff report pertaining to the General Plan Amendment, Rezone, and Environmental Assessment, and all of the evidence received by the Planning Commission; and
WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission now desires to recommend the City Council adopt a Resolution adopting Environmental Assessment 22-07, approving General Plan Amendment 22-03, and adopting an ordinance approving Rezone 22-04.
NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Yuba City as follows:
1. Recitals. The Planning Commission finds that the recitals are true and correct, and incorporates the same herein as set forth in full.
2. CEQA Findings. The Planning Commission finds and determines, and recommends that the City Council find and determine, that there is no substantial evidence in the record that General Plan Amendment 22-03 or Rezone 22-04, may have a significant effect on the environment as identified by the MND prepared in Environmental Assessment 22-07.
Additionally, the Planning Commission recommends that the City Council find and determine as follows:
a. The Environmental Assessment / Initial Study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines, and reflects the City Council’s independent judgment and analysis. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of Environmental Assessment 22-07 necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies. While the proposed project could have a potentially significant effect on the environment, based on its independent judgment and analysis, the Commission recommends the City Council find that feasible mitigation measures or alternatives have been incorporated into the project in order to avoid the effects or mitigate the effects to a point where no significant effect on the environment will occur, and there is no substantial evidence in the record that this project may have any direct, indirect or cumulative effects on the environment that are potentially significant and adverse. The proposed project will not result in any adverse effects which fall within the “Mandatory Findings of Significance” contained in Section 15065 of the State CEQA Guidelines. The projectspecific mitigation measures included in the project to avoid potentially significant effects are set forth in the Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the project specific mitigations imposed, there is no substantial evidence in the record that this project may have significant direct, indirect or cumulative effects on the environment. As such, the Planning Commission recommends the City Council also find and determine that in light of the entire administrative record and the substantial evidence before it, the project has been adequately environmentally assessed as required by CEQA per Environmental Assessment 22-07.
3. Adoption of MND and Mitigation Monitoring and Reporting Program. Based on the foregoing, the Planning Commission recommends to the City Council adoption of a Mitigated