01248.0005/876584.1 58
near the City. The City is located inland from the Pacific Ocean, so people or structures in the City would not be exposed to inundation by tsunami. Mudflows and landslides are unlikely to happen due to the relatively flat topography within the project area. Thus, it is unlikely that the Project site would be subject to inundation by a seiche, tsunami, or mudflow or landslide. Therefore, there is no potential for significant impacts from any of these types of events.
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Regarding impacts on a groundwater management plan, the City primarily utilizes surface water from the Feather River for its water supply, so any impact on groundwater would be less than significant. Regarding water quality, as noted in Part a) above, all new construction is required to utilize of Best Management Practices. Assuming all required standards are met the impacts to stormwater runoff water from this subdivision will be less than significant. The City primarily utilizes surface water for its water source so there will be no significant impacts on groundwater.
3.11 Land Use and Planning
Table 3:11: Land Use and Planning
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Physically divide an established community? X
b) Cause a significant environmental impact due to
a conflict with any land use plan, policy or
regulation adopted for the purpose of avoiding or
mitigating an environmental effect?
X
3.11.1 Environmental Setting/Affected Environment
The property was previously utilized as a mobile home park but was previously cleared of all development and vegetation. The area abuts a mix of multiple-family and single-family residential uses and commercial uses. The General Plan and zoning have planned this property for duplex/half-plex development since its adoption in 2004, potentially longer. Half-plexes are not out of place within this eclectic area as their impacts due to their density and use is between single-family and multiple-family uses.
3.11.2 Federal Regulatory Setting
There are no federal or state regulations pertaining to land use and planning relevant to the proposed Project.
3.11.3 Local Regulatory Setting
Yuba City General Plan, Land Use Element: The Land Use Element of the General Plan establishes guidance for the ultimate pattern of growth in the City’s Sphere of Influence. It provides direction regarding how
01248.0005/876584.1 59
lands are to be used, where growth will occur, the density/intensity and physical form of that growth, and key design considerations.
3.11.4 Impact Assessment/Environmental Consequences:
a) Physically divide an established community?
This is an infill development that is consistent with the General Plan and the use fits the zoning applied to the property (The rezoning is more to resolve a technical problem of duplexes vs. half-plexes). As the previous use of this site was a mobile home park, the proposed half-plexes are of a similar density. The half-plexes are expected to be compatible with the neighboring duplexes and multiple-family residential uses and are likely beneficial to the nearby commercial activities (more shoppers). As a result, there are no impacts anticipated by this proposed project regarding dividing an established community. b) Cause a significant environmental impact due to a conflict with any land use plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect? The Project is consistent with the General Plan and the uses allowed by the zoning. The proposed PD zoning is intended to allow half-plexes instead of duplexes, but the Project will still be at a lower density than the neighboring apartments. The subdivision will also meet all City design and development standards. As such there are no conflicts with policies or programs that would cause any environmental impacts.
3.12 Mineral Resources
Table 3-12: Mineral Resources
Would the project: Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Result in the loss of availability of a known mineral resource that would be of value to the region and
the residents of the state?
X
b) Result in the loss of availability of a locallyimportant mineral resource recovery site delineated on a local general plan, specific plan, or
other land use plan?
X
3.12.1 Federal Regulatory Setting
There are no federal regulations pertaining to mineral resources relevant to the proposed Project.
3.12.2 State Regulatory Setting
California Surface Mining and Reclamation Act of 1975: Enacted by the State Legislature in 1975, the Surface Mining and Reclamation Act (SMARA), Public Resources Code Section 2710 et seq., insures a
01248.0005/876584.1 60
continuing supply of mineral resources for the State. The act also creates surface mining and reclamation policy to assure that:
Production and conservation of minerals is encouraged; Environmental effects are prevented or minimized;
Consideration is given to recreational activities, watersheds, wildlife, range and forage, and aesthetic enjoyment;
Mined lands are reclaimed to a useable condition once mining is completed; and Hazards to public safety both now and in the future are eliminated.
Areas in the State (city or county) that do not have their own regulations for mining and reclamation activities rely on the Department of Conservation, Division of Mines and Geology, Office of Mine Reclamation to enforce this law. SMARA contains provisions for the inventory of mineral lands in the State of California.
The State Geologist, in accordance with the State Board’s Guidelines for Classification and Designation of Mineral Lands, must classify Mineral Resource Zones (MRZ) as designated below:
MRZ-1. Areas where available geologic information indicates that there is minimal likelihood of significant resources.
MRZ-2. Areas underlain by mineral deposits where geologic data indicate that significant mineral deposits are located or likely to be located.
MRZ-3. Areas where mineral deposits are found but the significance of the deposits cannot be evaluated without further exploration.
MRZ-4. Areas where there is not enough information to assess the zone. These are areas that have unknown mineral resource significance.
SMARA only covers mining activities that impact or disturb the surface of the land. Deep mining (tunnel) or petroleum and gas production is not covered by SMARA.
3.12.3 Impact Assessment/Environmental Consequences:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
See b) below.
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? The property contains no known mineral resources and there is little opportunity for mineral resource extraction. The Yuba City General Plan does not recognize any mineral resource zone within the City limits, and no mineral extraction facilities currently exist within the City. Additionally, the site has nearby residential uses, which generally is considered incompatible with mineral extraction facilities. As such the Project will not have an impact on mineral resources.
01248.0005/876584.1 61
3.13 Noise
Table 3.13: Noise
Would the project result in:
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in the
vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
X
b) Generation of excessive ground borne vibration or
ground borne noise levels? X
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a
plan has not been adopted, within two miles of a
public airport or public use airport, would the
project expose people residing or working in the
project area to excessive noise levels?
X
3.13.1 Environmental Setting/Affected Environment for Noise Noise can be generally defined as unwanted sound. Sound, traveling in the form of waves from a source, exerts a sound pressure level (referred to as sound level) which is measured in decibels (dB), with 0 dB corresponding roughly to the threshold of human hearing and 120 to 140 dB corresponding to the threshold of pain.
Sound pressure fluctuations can be measured in units of hertz (Hz), which correspond to the frequency of a particular sound. Typically, sound does not consist of a single frequency, but rather a broad band of frequencies varying in levels of magnitude (sound power). The sound pressure level, therefore, constitutes the additive force exerted by a sound corresponding to the frequency/sound power level spectrum.
The typical human ear is not equally sensitive to all frequencies of the audible sound spectrum. As a consequence, when assessing potential noise impacts, sound is measured using an electronic filter that de-emphasizes the frequencies below 1,000 Hz and above 5,000 Hz in a manner corresponding to the human ear’s decreased sensitivity to low and extremely high frequencies instead of the frequency midrange. This method of frequency weighting is referred to as A-weighting and is expressed in units of Aweighted decibels (dBA). Frequency A-weighting follows an international standard methodology of frequency de-emphasis and is typically applied to community noise measurements.
Noise exposure is a measure of noise over a period of time. Noise level is a measure of noise at a given instant in time. Community noise varies continuously over a period of time with respect to the contributing sound sources of the community noise environment. Community noise is primarily the product of many distant noise sources, which constitute a relatively stable background noise exposure, with the individual contributors unidentifiable. The background noise level changes throughout a typical day, but does so gradually, corresponding with the addition and subtraction of distant noise sources such as traffic and atmospheric conditions. What makes community noise constantly variable throughout a
01248.0005/876584.1 62
day, besides the slowly changing background noise, is the addition of short duration single event noise sources (e.g., aircraft flyovers, motor vehicles, sirens), which are readily identifiable to the individual receptor. These successive additions of sound to the community noise environment vary the community noise level from instant to instant, requiring the measurement of noise exposure over a period of time to legitimately characterize a community noise environment and evaluate cumulative noise impacts.
3.13.2 Environmental Setting/Affected Environment for Groundbourne Vibration Vibration is the periodic oscillation of a medium or object. Vibration sources may be continuous, such as factory machinery, or transient, such as explosions. As is the case with airborne sound, ground borne vibrations may be described by amplitude and frequency. Vibration amplitudes are usually expressed in peak particle velocity (PPV), or root mean squared (RMS), as in RMS vibration velocity. The PPV and RMS (VbA) vibration velocity are normally described in inches per second (in/sec). PPV is defined as the maximum instantaneous positive or negative peak of a vibration signal and is often used in monitoring of blasting vibration because it is related to the stresses that are experienced by buildings.
Although PPV is appropriate for evaluating the potential for building damage, it is not always suitable for evaluating human response. As it takes some time for the human body to respond to vibration signals, it is more prudent to use vibration velocity when measuring human response. The typical background vibration velocity level in residential areas is approximately 50 VdB. Groundborne vibration is normally perceptible to humans at approximately 65 VdB. For most people, a vibration-velocity level of 75 VdB is the approximate dividing line between barely perceptible and distinctly perceptible levels.
Typical outdoor sources of perceptible ground borne vibration are construction equipment, steel-wheeled trains, and traffic on rough roads. Construction vibrations can be transient, random, or continuous. The approximate threshold of vibration perception is 65 VdB, while 85 VdB is the vibration acceptable only if there are an infrequent number of events per day.
3.13.3 Federal Regulatory Setting
Federal Vibration Policies: The Federal Railway Administration (FRA) and the Federal Transit Administration (FTA) have published guidance relative to vibration impacts. According to the FRA, fragile buildings can be exposed to ground-borne vibration levels of 90 VdB without experiencing structural damage. The FTA has identified the human annoyance response to vibration levels as 75 VdB.
3.13.4 State Regulatory Setting
California Noise Control Act: The California Noise Control Act was enacted in 1973 (Health and Safety Code §46010 et seq.), and states that the Office of Noise Control (ONC) should provide assistance to local communities in developing local noise control programs. It also indicates that ONC staff would work with the Department of Resources Office of Planning and Research (OPR) to provide guidance for the preparation of the required noise elements in city and county General Plans, pursuant to Government Code § 65302(f). California Government Code § 65302(f) requires city and county general plans to include a noise element. The purpose of a noise element is to guide future development to enhance future land use compatibility.
Title 24 – Sound Transmission Control: Title 24 of the California Code of Regulations (CCR) codifies Sound Transmission Control requirements, which establishes uniform minimum noise insulation performance standards for new hotels, motels, dormitories, apartment houses, and dwellings other than detached
01248.0005/876584.1 63
single-family dwellings. Specifically, Title 24 states that interior noise levels attributable to exterior sources shall not exceed 45 dBA CNEL in any habitable room of new dwellings Title 24, Part 2 requires an acoustical report that demonstrates the achievements of the required 45 dBA CNEL. Dwellings are designed so that interior noise levels will meet this standard for at least ten years from the time of building permit application.
3.13.5 Local Regulatory Setting
The City of Yuba City General Plan presents the vision for the future of Yuba City and outlines several guiding policies and policies relevant to noise.
The following goals and policies from the City of Yuba City General Plan are relevant to noise.
Guiding Policies
9.1-G-1: Strive to achieve an acceptable noise environment for the present and future residences of Yuba City.
9.1-G-2: Incorporate noise considerations into land use planning decisions and guide the location and design of transportation facilities to minimize the effects of noise on adjacent land uses.
Implementing Policies
9.1-I-1: Require a noise study and mitigation for all projects that have noise exposure greater than “normally acceptable” levels. Noise mitigation measures include, but are not limited to, the following actions:
o Screen and control noise sources, such as parking and loading facilities, outdoor activities, and mechanical equipment,
o Increase setbacks for noise sources from adjacent dwellings, o Retain fences, walls, and landscaping that serve as noise buffers, o Use soundproofing materials and double-glazed windows, and o Control hours of operation, including deliveries and trash pickup, to minimize noise impacts.
9.1-I-3: In making a determination of impact under the California Environmental Quality Act (CEQA), consider an increase of four or more dBA to be "significant" if the resulting noise level would exceed that described as normally acceptable for the affected land use in Figure 5. 9.1-I-4: Protect especially sensitive uses, including schools, hospitals, and senior care facilities, from excessive noise, by enforcing “normally acceptable” noise level standards for these uses. 9.1-I-5: Discourage the use of sound walls. As a last resort, construct sound walls along highways and arterials when compatible with aesthetic concerns and neighborhood character. This would be a developer responsibility.
9.1-I-6: Require new noise sources to use best available control technology (BACT) to minimize noise from all sources.
9.1-I-7: Minimize vehicular and stationary noise sources and noise emanating from temporary activities, such as construction.
01248.0005/876584.1 64
Figure 1: Noise Exposure
LAND USE CATEGORY
COMMUNITY NOISE EXPOSURE - Ldn or CNEL (dBA)
50 55 60 65 70 75 80
Residential – Low Density
Single Family, Duplex, Mobile
Home
Residential – Multi-Family
Transient Lodging –
Motel/Hotel
Schools, Libraries, Churches,
Hospitals, Nursing Homes
Auditorium, Concert Hall,
Amphitheaters
Sports Arena, Outdoor
Spectator Sports
Playgrounds, Neighborhood
Parks
Golf Courses, Riding Stables,
Water Recreation,
Cemeteries
Office Buildings, Business,
Commercial and Professional
Industrial, Manufacturing,
Utilities, Agriculture
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.
01248.0005/876584.1 65
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 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 2, 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 2: Noise Levels of Typical Construction Equipment 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 Once constructed the residences are generally not considered to be significant noise generators. As such the new residences are not expected in any significant way to raise the ambient noise levels in the surrounding residential neighborhood.
For these reasons, the noise impacts from adding new residences to a residential area is expected to be less than significant.
b) Generation of excessive ground borne vibration or ground borne noise levels?
01248.0005/876584.1 66
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 3 describes the typical construction equipment vibration levels.
Table 3: Typical Construction Vibration 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 3 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 will 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 within an airport land use plan. There are no public or private airports or airfields located in this vicinity. Therefore, this impact is not applicable to the Project.
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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 was previously utilized as a mobile home park but has been cleared of all development and vegetation. The area abuts a mix of multiple-family and single-family residential uses and commercial uses. The General Plan and zoning have planned this property for residential densities consistent with duplex/half-plex development. Half-plexes are not out of place within the exiting eclectic area as their level impacts due to their density and use is between single-family and multiple-family uses.
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 five years (eight following implementations of Senate Bill [SB] 375), 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 adopted its current Housing Element in 2013.
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).
01248.0005/876584.1 68
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 (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 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.
3.14.5 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 General Plan designates this property for this type of residential use and density, and all City services are available to the property. Further, the proposed use is compatible with neighboring development.
Therefore, there will not be unplanned growth resulting from this Project an no impacts are anticipated. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
There was a mobile home park on this site that was removed prior to this Project proposal. As such there will not be any residences lost as a result of this Project.
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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) 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 development 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 may be utilized by new residents, including streets, water, sewer stormwater drainage will also be provided by Yuba City. The nearby Tierra Buena School and River Valley High School are part of the Yuba City Unified School District.
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
01248.0005/876584.1 70
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:
i. 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.
ii. 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.
iii. 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.
iv. 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.
v. 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. Therefore, the impact on other public facilities will be less than significant.
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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) 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.
01248.0005/876584.1 72
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? See b) below.
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? This Project’s 72 new residences will have access to the City’s park system, thus increasing park usage.
The City, however, charges a park impact fee for each new residence, to be utilized to purchase parkland and construct new parks in proportion to growth of the community. This fee is intended to offset the impact on parks as it provides for expansion of the City’s park system. There will be a development agreement accompanying this subdivision that, if approved, will provide additional funding for neighborhood parks. Therefore, due to the park fees the impact on parks from this Project will be less than significant.
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
a) Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including
transit, roadway, bicycle, and pedestrian facilities?
X
b) Conflict or be inconsistent with CEQA Guidelines
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:
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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. 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 proposed subdivision is within an existing suburban area, much of which is already built out. The sole ingress and egress to this property is Walton Avenue. There was formerly a mobilehome park on this property which generated similar amounts of traffic onto Walton Avenue. As such, any increase in auto traffic will be minimal. Walton Avenue and the nearest intersections, Walton Avenue/Bridge Street and Walton Avenue/Franklin Road are within acceptableCity level of service standards and are not expected to deteriorate below these standards by the traffic generated by this proposal. This Project will also be providing all pedestrian and bicycle improvements onto Walton Avenue. Since the traffic generated by this Project meets all City standards, traffic impacts on Walton Avenue and neighboring intersections will be less than significant.
b) 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
01248.0005/876584.1 74
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 considered any further 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:
• 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 the Project 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 are 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)? As this Project will replace a mobile home park on the property the quantity of traffic will not be significantly different. The Public Works review of the Project did not indicate that there are any street design issues on nearby streets. Therefore, any increase in street hazards generated by this Project are less than significant.
d) Result in inadequate emergency access?
The Fire and Police Departments have reviewed the Project plans and did not express concerns about emergency access to the property. Therefore, the impacts on emergency services will be less than significant.
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3.18 Tribal Cultural Resources
Table 3-18: Tribal Cultural Resources
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
Ethnographic overview of the Nisenan culture.
Environmental Impact Report for the City of Yuba City General Plan (2004). Consultation record with California Native American tribes under Assembly Bill 52 and Senate Bill 18.
3.18.2 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.
01248.0005/876584.1 76
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.
3.18.3 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
01248.0005/876584.1 77
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.
3.18.4 Summary of Native American Consultation
AB 52 now requires lead agencies to analyze project impacts on “tribal cultural resources” separately from archaeological resources (PRC § 21074; 21083.09). AB 52 also requires lead agencies to engage in additional consultation procedures with respect to California Native American tribes (PRC § 21080.3.1, 21080.3.2, 21082.3). 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
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;
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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).
See b) below.
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 City solicited consultation with culturally affiliated California Native American tribes (regarding the proposed project in accordance with AB 52 to which no tribes responded. No known TCRs have been identified (as defined in Section 21074) within the proposed project area. Given the level of previous disturbance within the Project area, it is not expected that any TCRs would remain. However, during grading and excavation activities, there is a potential to encounter native soils, which may contain undiscovered TCRs. In the unlikely event resources are discovered during ground disturbing activities that are associated with Native American culture, compliance with the TCR Mitigation Measures provided below would reduce the potential impacts to a less than significant level.
3.18.8 Tribal Cultural Mitigation Measure
Tribal Cultural Resources Mitigation 1: Unanticipated Discoveries: If any suspected TCRs are discovered during ground disturbing construction activities, all work shall cease within 100 feet of the find, or an agreed upon distance based on the project area and nature of the find. A Tribal Representative from a California Native American Tribe that is traditionally and culturally affiliated
01248.0005/876584.1 79
with a geographic area shall be immediately notified and shall determine if the find is a TCR (PRC 21074). The Tribal Representative will make recommendations for further evaluation and treatment as necessary.
Preservation in place is the preferred alternative under CEQA and UAIC protocols, and every effort must be made to preserve the resources in place, including through project redesign. Culturally appropriate treatment may be, but is not limited to, processing materials for reburial, minimizing handling of cultural objects, leaving objects in place within the landscape, returning objects to a location within the project area where they will not be subject to future impacts. The Tribe does not consider curation of TCR’s to be appropriate or respectful and request that materials not be permanently curated, unless approved by the Tribe.
The contractor shall implement any measures deemed by the CEQA lead agency to be necessary and feasible to preserve in place, avoid, or minimize impacts to the resource, including but limited to, facilitating the appropriate tribal treatment of the find, as necessary. Treatment that preserves or restores the cultural character and integrity of a Tribal Cultural Resource may include Tribal monitoring, culturally appropriate recovery of cultural objects, and reburial of cultural objects or cultural soil.
Work at the discovery location cannot resume until all necessary investigation and evaluation of the discovery under the requirements of CEQA, including AB 523 has been satisfied.
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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
projected demand in addition to the 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
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.
Wastewater: Yuba City owns, operates, and maintains the wastewater collection, treatment, and disposal system that provides sewer service to approximately 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.
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 City’s municipal solid waste is delivered to the Ostrom Road Landfill; a Statepermitted solid waste facility that provides a full range of transfer and diversion services. As of June 2021,
01248.0005/876584.1 81
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.
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
01248.0005/876584.1 82
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? See b) below.
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.
For both facilities there are City 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. A drainage analysis was prepared for this Project and reviewed by Public Works Dept., determining that the stormwater drainage system was adequate for this Project, and also that the developer must pay fees for their fair share of future improvements to the system. As such, the impacts on the stormwater drainage system will be less than significant.
The extension of electric power facilities, natural gas facilities and telecommunication facilities are provided by private companies, none of which have voiced concerns over the extensions of their services
01248.0005/876584.1 83
to this Project site. With these considerations the impact on these 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 projected demand in addition to the 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.
See e) below.
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
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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, this Project is not expected to substantially obstruct emergency vehicles or any evacuations that may occur in the area. Therefore, the impacts of the project related to emergency response or evacuations would 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 within the Yuba City urban area with no, native vegetation remaining, and the Yuba City 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 changes resulting from fires in steeper areas, including downslope or downstream flooding or landslides.
Impacts of the project related to these issues would be less than significant.
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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 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) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects)
X
c) Does the project have environmental effects,
which will cause substantial adverse effects on
human beings, either directly or indirectly?
X
3.21.1 Impact Assessment/Environmental Consequences:
a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below 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 and more recently a mobilehome park was removed from the property. The property is currently vacant of buildings and vegetation and there are no waterways or nearby riparian areas. Therefore, this Project 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.
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.
01248.0005/876584.1 86
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.
The traffic generated by the development is within 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. As this Project is within the urban area there will not be a loss of agricultural land. 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 impacts that will be individually limited but that will create significant cumulative impacts.
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 with its mitigation measures will not have any direct or indirect significant adverse impacts on humans.
01248.0005/876584.1 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:
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.
California Department of Toxic Substances Control (DTSC). 2016. EnviroStor. Available at http://www.envirostor.dtsc.ca.gov/public/
01248.0005/876584.1 88
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
01248.0005/876584.1 89
Appendix A
MITIGATION MEASURES AND MONITORING PLAN
West Walton Village
Initial Study and Mitigated Negative Declaration EA 23-02 For Tentative subdivision Map 23-01 and Rezoning PD18
01248.0005/876584.1 90
City of Yuba City
MITIGATION MEASURES AND MONITORING PLAN
West Walton Village
Initial Study and Mitigated Negative Declaration EA 23-02 For Tentative subdivision Map 23-01 and Rezoning PD18
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
Developer Public Works
Dept.,
Development
Services
Dept.
During
construction
phase
01248.0005/876584.1 91
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 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 process 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.
3.5. Cultural
Resources;
3.18. Tribal
Cultural
Resources
Tribal Cultural Resources Mitigation 1:
Unanticipated Discoveries: If any
suspected TCRs are discovered during
ground disturbing construction
activities, all work shall cease within 100
feet of the find, or an agreed upon
distance based on the project area and
nature of the find. A Tribal
Representative from a California Native
American Tribe that is traditionally and
culturally affiliated with a geographic
area shall be immediately notified and
shall determine if the find is a TCR (PRC
21074). The Tribal Representative will
make recommendations for further
evaluation and treatment as necessary.
Preservation in place is the preferred
alternative under CEQA and UAIC
protocols, and every effort must be
made to preserve the resources in place,
including through project redesign.
Culturally appropriate treatment may
be, but is not limited to, processing
materials for reburial, minimizing
handling of cultural objects, leaving
objects in place within the landscape,
returning objects to a location within the
project area where they will not be
subject to future impacts. The Tribe
does not consider curation of TCR’s to be
appropriate or respectful and request
that materials not be permanently
curated, unless approved by the Tribe.
Developer Public Works
Dept.,
Development
Services Dept
During
construction
phase
01248.0005/876584.1 92
The contractor shall implement any
measures deemed by the CEQA lead
agency to be necessary and feasible to
preserve in place, avoid, or minimize
impacts to the resource, including but
limited to, facilitating the appropriate
tribal treatment of the find, as
necessary. Treatment that preserves or
restores the cultural character and
integrity of a Tribal Cultural Resource
may include Tribal monitoring, culturally
appropriate recovery of cultural objects,
and reburial of cultural objects or
cultural soil.
Work at the discovery location cannot
resume until all necessary investigation
and evaluation of the discovery under
the requirements of CEQA, including AB
52 has been satisfied.
Agenda Item 14
CITY OF YUBA CITY
STAFF REPORT
Date: June 20, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: 2023 Community Development Block Grant - Annual Action Plan Recommendation: A. Conduct a Public Hearing to receive comments on the 2023 Annual Action Plan Amendment and after consideration;
B. Adopt a Resolution approving the proposed 2023 Annual Action Plan Amendment and authorize staff to submit the required documents to the Department of Housing and Urban Development (HUD) for processing; C. Authorize the Finance Director to add budget appropriations for the grant revenue and expenditures
Fiscal Impact: $567,759 received from the U.S. Department of Housing and Urban Development (HUD) for the 2023 CDBG program year
Purpose:
To hold a Public Hearing to receive comments on and consider approval of the 2023 Community Development Block Grant Annual Action Plan
Council's Strategic Goal:
This project addresses the priorities of Public Safety, Infrastructure, and Fiscal Responsibility.
Background:
The City of Yuba City is an entitlement jurisdiction of the Community Development Block Grant (CDBG) program and receives an annual allocation of funds from the Department of Housing and Urban Development (HUD). The purpose of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and by expanding economic opportunities.
Funds are required to be used to meet at least one of the program’s following priority objectives:
1. Benefit low- and moderate- income (LMI) persons
2. Aid in the prevention or elimination of slums or blight
3. Meet a need having a particular urgency (to alleviate emergency conditions) Analysis:
The Draft 2023-2024 Annual Action Plan (AAP) details the funding recommendations for CDBG Projects and activities within the City. The City has been allocated $567,759 in CDBG funding for the 2023-2024 program year. In accordance with HUD regulations, a maximum of twenty percent ($113,552) of the allocation can be used for administration, and a maximum of fifteen percent ($85,164) can be allocated to Public Services. Public Services include activities such as; homeless services, jobtraining, recreation programs, healthcare, etc., and salaries associated with approved services.
Citizen Participation and Consultation
A public workshop was held on March 24, 2023, and detailed the CDBG program guidelines, application information, and allowed attendees to ask questions and/or provide comments. The workshop and application opportunity were advertised in the Appeal Democrat, on the City’s website and social media pages, and emailed to local agencies and organizations. The application period began on March 24, 2023, and ended on April 21, 2023. The required 30-day public comment period on the draft Annual Action Plan began on May 31 ,2023 and will end on July 1, 2023. The AAP is available on the City’s website, hard copies are available at City Hall, and a copy is available for view at the local library. At this time, no public comments have been received. The City received 11 applications totaling approximately $1,005,000 in funding requests. Recommendations are based on available allocation, applications received, and proposed programs/projects.
Below are the recommended funding allocation for the 2023 CDBG program year:
Agency/Project Recommended
Funding
Description
Program
Administration (15%)
$ 85,163.85 General administration, oversight and
management of Community Development
Block Grant program. Funding covers
salary cost for staff and consultant services
Sutter-Yuba Homeless
Consortium
$ 45,000 The Sutter-Yuba Homeless Consortium, in
collaboration with Hands of Hope, Bridges
to Housing, The Salvation Army, Central
Valley Homeless Veterans Assistance
Program and Sutter County Homeless
Shelter provide services to the homeless
population in Sutter and Yuba Counties. In
addition, it will be acting as the lead
agency and fiscal agent in providing
services and programs, in conjunction with
other non-profit agencies, to the City's
homeless population.
City of Yuba City
Senior Center –
Kitchen Update
$ 150,000 Update senior center kitchen to code so
that it could provide a space for
prep/cook/delivery site for organizations
providing meals to seniors in the area.
Habitat for Humanity –
Housing Preservation
Program
$ 60,000 Provides preventative home maintenance
or critical home repair services to lowincome, elderly, disabled, and/or veterans FREED Center for
Independent Living –
Home
Repairs/Modifications
$ 25,000 Provides accessibility improvements and
minor home repairs for low-income
disabled and senior residents
Yuba Sutter Gleaner’s
Foodbank – Senior
Home Delivery
$ 14,163.85 Deliver 2 weekly pre-made meals and a
20lb box of groceries to seniors 65+ that
lack resources to acquire healthy,
nourishing food.
Camp Rockin U Foster
Youth Camp – Septic
Replacement
$ 41,000 Fund project portion for Yuba City foster
youth to repair septic system and bring up
to current code.
City of Yuba City -
ADA Sidewalk and
Public Facility
Improvements
$ 162,431.30 Provide sidewalk and curb ramp
improvements to meet ADA accessibility
requirements throughout the City
Sutter County – Pilot
Pathway to Work
Program
$ 26,000 Provide job training, skills, and stipends to
homeless individuals for work including;
cleanup/landscaping local businesses
Fiscal Impact:
The City will receive $567,759 from HUD to implement the 2023 CDBG program year. The City receives the funding on a reimbursable basis.
Alternatives:
Do not approve the 2023 CDBG Annual Action plan, and direct staff to modify funding recommendations. Changes will require staff to re-notice the plan and present to City Council for approval at a later date.
Recommendations:
A. Conduct a Public Hearing to receive comments on the 2023 Annual Action Plan Amendment and after consideration;
B. Adopt a Resolution approving the proposed 2023 Annual Action Plan Amendment and authorize staff to submit the required documents to the Department of Housing and Urban Development (HUD) for processing;
C. Authorize the Finance Director to add budget appropriations for the grant revenue and expenditures.
Attachments:
1. Attachment 1 - Resolution to Approve the 2023 CDBG Annual Action Plan
2. Attachment 2 - 2023 CDBG Annual Action Plan
Prepared By: Submitted By:
Shannon Sardo
Administrative Analyst
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023-2024
ANNUAL ACTION PLAN CERTIFYING COMPLIANCE WITH THE REQUIREMENTS OF THE
CDBG PROGRAM, AND AUTHORIZING STAFF TO SUBMIT ALL APPROVED DOCUMENTS
TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, the Department of Housing and Urban Development has determined that the City of Yuba City will receive $567,759 under program year 2023 of the Housing and Community Development Act of 1974, as amended; and
WHEREAS, the City of Yuba City held a public meeting on March 24, 2023, as well as a public hearing on June 20, 2023, to consider public comments and proposals regarding the 2023-2024 Annual Action Plan, the community development objectives and the projected use of CDBG funds contained therein; and
WHEREAS, the City of Yuba City has provided the citizens with an opportunity to review and comment on concerns involving the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken and other important program requirements, and provided citizens with adequate opportunity to participate in the development of the 2023-2024 Annual Action Plan, including any revisions, changes or amendments thereto for a 30-day period commencing on June 1, 2023 and ending on July 1, 2023
NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City that the 2023- 2024 Annual Action Plan is hereby approved, that the City Manager is authorized to execute all documents related thereto, that the Finance Director is authorized to make budget allocations for the implementation of, and that staff is authorized to submit all documents to the United States Department of Housing and Urban Development.
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 June 20, 2023, by the following vote:
AYES:
NOES:
ABSENT:
_________________________
Wade Kirchner, Mayor
ATTEST:
_________________________________
Ciara Wakefield, City Clerk Administrator
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
______________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Action Plan
2023 Annual DRAFT
Community Development Block Grant
Development Services Department
CITY OF Yuba City
Draft 2023 Annual Action Plan 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The City of Yuba City is an entitlement jurisdiction for Community Development Block Grant (CDBG) funds, one of several Department of Housing and Urban Development (HUD) formula entitlement programs. As an entitlement jurisdiction, HUD requires the City to complete and submit an Annual Action Plan (Action Plan) in order to receive CDBG funds annually. The Draft 2023 Action Plan is the fourth Action Plan covered by the 2020 Consolidated Plan (Con Plan).
The format of the Draft 2023 Action Plan is required and consistent with HUD’s Integrated and Disbursement Information System (IDIS).
The Draft 2023 Action Plan consists of five (5) sections including: 1) Executive Summary; 2) Expected Resources; 3) Annual Goals and Objectives; 4) Affordable Housing; and, 5) Program Specific Requirements.
Yuba City’s Development Services Department is the lead agency responsible for developing the Draft 2023 Action Plan and is responsible for the administration of CDBG funds, including implementation of projects and programs and monitoring projects and programs to ensure compliance with HUD requirements and regulations.
2. Summarize the objectives and outcomes identified in the Plan The City is required to implement and use HUD’s Outcome Performance Measurement System (OPMS).
The OPMS was developed to enable HUD to collect and standardize performance data on entitlementfunded activities from all grantees nationwide for use in reporting to Congress on the effectiveness of HUD’s formula entitlement programs.
Based on the Needs Assessment and Market Analysis information, the City’s 2020 Con Plan identifies the following affordable housing and community development goals by OPMS objectives and outcomes.
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.
In addition, annually the City is required, at the conclusion of the Program Year (PY), to complete and submit to HUD a Consolidated Annual Performance and Evaluation Report (CAPER) reporting on the
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OMB Control No: 2506-0117 (exp. 09/30/2021)
Action Plan Goal outcomes and expenditures. Subsequently to the submittal of the CAPER, HUD assesses the City’s management of CDBG program funds.
Overall, the City has performed satisfactorily managing the CDBG Program and addressing its priority needs through the programs set out in the 2020 Con Plan.
4. Summary of Citizen Participation Process and consultation process The Citizen Participation process included a variety of efforts to encourage public participation, especially from lower income residents and service providers, in the development of the Draft 2023 Action Plan. Two meetings were held during the Action Plan development process to solicit public input.
The first public meeting was held via Zoom on March 24, 2023 to solicit input and request participation in the development of the Draft 2023 Action Plan. The Public Hearing will be held on June 20, 2023 and will be published in the Appeal-Democrat for a 30-day comment period, in accordance with the City’s Citizen Participation Plan. A 30-day public review and comment period will commence on May 31, 2023 and will end on July 1, 2023.
The meetings were noticed on the City’s website, in addition, information regarding the meetings was emailed directly to the City’s CDBG Interest List, including public and private service providers and government agencies.
A summary of the Draft 2023 Action Plan will be published on May 31, 2023 in the Appeal Democrat, noting that a Public Hearing will be held on June 20, 2023 to solicit public comment on the Draft 2023 Action Plan. The Draft 2023 Action Plan will be made available on the City’s website and in hard copy at both City Hall and the Public Library.
5. Summary of public comments
Reserved for public comments.
6. Summary of comments or views not accepted and the reasons for not accepting them The City has not intentionally excluded or avoided consulting any agency type or organization during the consultation and planning process.
7. Summary
The Draft 2023 Action Plan identifies the activities the City will undertake during the 2023 Program Year to address the goals identified in the 2020 Con Plan. The Draft 2023 Action Plan identifies the following activities the City and/or its Sub-Recipients will undertake with the CDBG funds.
Draft 2023 Annual Action Plan 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
• Public service activities that address homeless needs, including:
1. Sutter-Yuba Homeless Consortium – Homeless Services Consolidation:
1.1. Bridges to Housing – Rapid Rehousing Assistance
1.2. Central Valley Homeless Veterans – Rapid Rehousing
1.3. Hands of Hope – Coordinated Front Desk Staff
1.4. The Salvation Army – Rapid Rehousing
1.5. Regional Emergency Shelter Team (REST) – Emergency Shelter
2. Yuba-Sutter Senior Gleaners Foodbank – Senior Home Delivery Program
3. Sutter County – Pathway to Work Program
• Housing activities, including:
1. FREED Center for Independent Living – Home Repair and Modifications Program
2. Habitat for Humanity – Home Repair Program
• Public Facilities and Improvements, including Removal of Architectural Barrier activities:
1. Yuba City Public Works Department – ADA Sidewalk and Curb Improvements
2. Yuba City Community Services Department – Senior Center Kitchen Update
Draft 2023 Annual Action Plan 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
CDBG Administrator City of Yuba City Development Services Department Table 1 – Responsible Agencies
Narrative
The City’s Development Services Department (DSD) is the lead agency responsible for overseeing development of the Action Plan.
HUD requires entitlement jurisdictions that receive CDBG, HOME Investment Partnership Program (HOME) or Emergency Shelter Grant (ESG) funds directly from HUD to complete an Annual Action Plan.
The City does not receive HOME or ESG funds directly from HUD; as a result, the Action Plan focuses only on identifying and prioritizing programs allowed under CDBG funding.
The City’s Development Services Department is responsible for the administration of the CDBG funds, including facilitating project/program implementation, monitoring project activities and outcomes, and ensuring compliance with all HUD requirements and regulations such as fair housing, Davis-Bacon requirements (prevailing wages), environmental reviews, affirmative action, competitive bidding procedures, and fiscal and contract administration. CDBG activities are carried out by both internal City Departments as well as external Sub-Recipients.
Consolidated Plan Public Contact Information
Comments and/or inquiries regarding the Action Plan should be directed to:
Shannon Jones Sardo, Development Services Analyst, City of Yuba City, Development Services Department, 1201 Civic Center Blvd., Yuba City, CA 95993, phone: (530) 822-5145, e-mail:
[email protected].
Draft 2023 Annual Action Plan 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
The consolidated planning process requires jurisdictions to contact and consult with other public and private agencies when developing the Plan. The Plan itself must include a summary of the consultation process, including identification of the agencies that participated in the process. Jurisdictions also are required to summarize their efforts to enhance coordination between public and private agencies.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City has developed and maintained on-going, collaborative relationships with the Regional Housing Authority, Sutter-Yuba Homeless Consortium, (SYHC), local service providers, Sutter County agencies and the Yuba-Sutter Economic Development Corporation in an effort to enhance the coordination of services to low and moderate-income persons, special needs groups, and businesses. The City’s efforts have included attending meetings, exchange of information and coordination of services.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The City works in cooperation with the SYHC to address the needs of homelessness in the community.
The SYHC consists of over 50 members, including the City of Yuba City, that utilize the Continuum of Care planning process to address homeless needs in the City of Yuba City and throughout the region.
The SYHC allows for maximizing funding resources, helps to avoid duplication of services and provides for a comprehensive approach to homelessness. During the Draft 2023 Action Plan process, the City consulted members of the SYHC in order to meet the Action Plan requirements.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS This section is not applicable as the City is not an ESG grantee. The Sutter-Yuba Homeless Consortium is the entity that administers the HMIS.
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OMB Control No: 2506-0117 (exp. 09/30/2021)
2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Agencies representing the homeless, non-homeless and housing providers participated in the annual CDBG Community Needs Workshop. The agencies were encouraged to apply for CDBG funding. The agencies were asked to review and comment on the Draft 2023 Action Plan. Public service agency consultations assist the City to prioritize funding and to identify trends in housing and human service needs.
Draft 2023 Annual Action Plan 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
1 Agency/Group/Organization Sutter-Yuba Homeless Consortium Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
By email communication and public workshops. The City
maintains a close working relationship with service
providers and also open communication to ensure
participation and coordination.
Table 2 – Agencies, groups, organizations who participated Identify any Agency Types not consulted and provide rationale for not consulting The City has not intentionally excluded or avoided consulting any agency type or organization during the consultation and planning process.
Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care
Sutter-Yuba
Homeless
Consortium
The goals contained in the 2020 Con Plan and Draft 2023 Action Plan are consistent with the Continuum of Care. The City will work within the framework of the Sutter-Yuba Homeless Consortium to address homeless needs.
Yuba City Housing
Element City of Yuba City The goals contained in the 2020 Con Plan and Draft 2023 Action Plan are consistent with the Programs outlined in the 2021-2029 Housing Element.
Yuba City Economic
Development Strategic
Work Plan
City of Yuba City The goals contained in the 2020 Con Plan and Draft 2023 Action Plan are consistent with the initiatives outlined in the Economic Development Strategy.
Draft 2023 Annual Action Plan 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? PHA 5-Year Plan Regional Housing
Authority
The goals contained in the 2020 Con Plan and Draft 2023 Action Plan are consistent with the needs, goals and objectives outlined in the PHA 5-year Plan.
Table 3 – Other local / regional / federal planning efforts Narrative
The City will, in conjunction with the development of affordable housing, submit applications for funding, implementation of activities and delivery of services targeted to low and moderate-income households, continue to work and coordinate with other public entities, including the Regional Housing Authority, Sutter County and the State of California.
Draft 2023 Annual Action Plan 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City followed requirements for citizen participation outlined in the City’s Citizen Participation Plan. The City encouraged citizens, along with local and regional organizations, to participate during the preparation of the Draft 2023 Action Plan. Regional and local service agencies, nonprofit organizations, City staff, City Council and City Commissions were invited to two (2) public meetings held to discuss the Draft 2023 Action Plan update and solicit comments. The first virtual meeting was held on March 24, 2023 at 10:00 a.m. The second meeting, a Public Hearing, will be held on June 20, 2023.
The Draft 2023 Action Plan will be made available for public review and comment during a 30-day period, May 31, 2023 through July 1, 2023. A Public Hearing will be held on June 20, 2023 at 6:00 p.m., at City Hall in Yuba City before the City Council to solicit public comment regarding the Draft 2023 Action Plan. The Draft 2023 Action Plan will also be made available during the 30-day comment period on the City’s website and copies made available at City Hall. The City’s website also included notification of the development of the Draft 2023 Action Plan and encouraged citizens to provide input.
Prior to submission to the Department of HUD, the City Council reviews and approves the Action Plan.
Draft 2023 Annual Action Plan 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of comme
nts not accepted
and reasons
URL (If applicable)
1 Public Meeting
Minorities
Non-targeted/broad
community
The City hosted a virtual
public meeting on
March 24, 2023 to
provide information on
the consultation and
planning process,
review the application
process and encourage
public participation and
comment in the
development of the
Draft 2023 Action Plan.
Reserved for public
comments.
The City has not
intentionally
excluded or avoided
consulting any
agency type or
organization during
the consultation
and planning
process.
https://www.youtu
be.com/watch?v=r
4HdRWj78xe0
2 City Website Minorities
Persons with disabilities
Non-targeted/broad
community
Residents of Public and
Assisted Housing
Announcement that the
City is developing its
Draft 2023 Action Plan,
encouraged public input
and participation.
Identified meeting dates
and the availability of
the Draft 2023 Action
Plan for public review
and comment.
Reserved for public
comments.
The City has not
intentionally
excluded or avoided
consulting any
agency type or
organization during
the consultation
and planning
process.
https://www.yuba
city.net/city_hall/d
epartments/develo
pment_services/ho
using__c_d_b_g/cd
bg
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Sort
Order
Mode of
Outreach
Target of Outreach Summary of
response/attendance
Summary of
comments received
Summary of comme
nts not accepted
and reasons
URL (If applicable)
3 Newspaper Ad Minorities
Persons with disabilities
Non-targeted/broad
community
Residents of Public and
Assisted Housing
Public Notice of the
June 20, 2023 Public
Hearing was posted in
the Appeal Democrat on
May 31, 2023.
Reserved for public
comments.
The City has not
intentionally
excluded or avoided
consulting any
agency type or
organization during
the consultation
and planning
process.
4 Public Hearing Minorities
Persons with disabilities
Non-targeted/broad
community
Residents of Public and
Assisted Housing
The City will hold a
Public Hearing on June
20, 2023 to request
approval and
authorization for the
submission of the Draft
2023 Annual Action Plan
to HUD.
Reserved for public
comments.
The City has not
intentionally
excluded or avoided
consulting any
agency type or
organization during
the consultation
and planning
process.
www.yubacity.net
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
Anticipated Resources
Program Source
of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of Con Plan
$
Narrative Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources: $
Total:
$
CDBG PublicFederalAcquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services $567,759 $111,786.23 $1,136,919.30 $1,816,464.53 $600,000 Expected amount
available remainder
of Con Plan based
on $600,000 annual
allocation for 1
year.
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
CDBG funds may not be sufficient to fully fund activities undertaken and are leveraged with a variety of Federal, State funds, charitable organizations and private donations. The CDBG funds do not require matching funds.
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If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The regional Housing Authority (RHA) manages the City’s Homes2Families (H2F) and Neighborhood Stabilization properties (NSP). These properties are owned by the City and are used for affordable rental units based on California’s Department of Housing and Community Development guidelines. There are currently seventeen (17) NSP properties and nine (9) H2F properties.
Discussion
The City operates the Owner-Occupied Housing Rehabilitation Program, (Housing Rehabilitation Program). The amount and availability of funds for this Program cannot be predicted due HUD funding constraints and the unknown amount of Program Income that will be received. Program Income is generated by past loans being paid off and the proceeds deposited into the Housing Rehabilitation Program activity
The City will aggressively pursue, or support applications by other entities for, Federal and State funding over the 2023 Program Year to address priority needs; however, other funding sources available to the City or its partners will be through a competitive application process. The City cannot be assured an application(s) will be successful based on the rating and ranking criteria. Due to limited funding availability, the City will struggle to meet future matching requirements should the City be successful in applying for other Federal or State funding sources and matching funds be required.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort Order Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Housing Rehabilitation 2023 2024 Affordable
Housing
Citywide Preservation of
existing units
CDBG: $85,000 Homeowner Housing
Rehabilitated; FREED – Home
Repair and Modifications;
Habitat for Humanity, Home
Repair Program: 56
Households
2 Non-Homeless Supportive
Services
2023 2024 Non-Homeless
Special Needs
Citywide Housing and
Supportive
Services for
Special Needs
Program
Administration
CDBG: $14,164 Public service activities other
than Low/Moderate Income
Housing Benefit:
74 Persons Assisted
3 Homeless Assistance 2023 2024 Homeless Citywide Homeless Housing and
Supportive
Services
CDBG: $71,000 Public service activities other
than Low/Moderate Income
Housing Benefit: 583 Persons
Assisted
4 Infrastructure
Improvements/ADA
Modifications
2023 2024 Non-Housing
Community
Development
Citywide Public
Improvements
and
Infrastructure
CDBG: $162,431 Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit:
12,936 Persons Assisted
5 Public Facilities
Construction/Rehabilitation
2023 2024 Non-Housing
Community
Development
Citywide
Public Facilities
CDBG: $191,000 Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit:
2,750 Persons Assisted
Table 6 – Goals Summary
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Goal Descriptions
1 Goal Name Housing Rehabilitation
Goal
Description Activities include Habitat for Humanity Home Repair Program, FREED – Home Repair and Modifications 2 Goal Name Non-Homeless Supportive Services
Goal
Description
Utilizing Community Development Block Grant funds provide assistance to non-profit organizations for provision of supportive services targeted to non-homeless special needs population (disabled, seniors, families, domestic violence victims)
3 Goal Name
Homeless Assistance
Goal
Description
Activities include Sutter-Yuba Homeless Consortium-Consulting Services, Bridges to Housing – Rapid Rehousing Assistance, Central Valley Homeless Veterans – Rapid Rehousing, Hands of Hope – Coordinated Front Desk Staff, Regional Emergency Shelter Team (REST) – Emergency Shelter, and The Salvation Army – Rapid Rehousing. In addition, the SYHC will be acting as the lead agency and fiscal agent in providing services and programs, in conjunction with five (5) other non-profit agencies, to the City’s homeless.
Sutter County: Pathway to Work Program – Provide job training and stipends to homeless individuals for work including cleanup/landscaping for local businesses.
4 Goal Name
Infrastructure Improvements/ADA Modifications
Goal
Description
Activities include installation of ADA accessible sidewalks and curb cuts improvements. 5 Goal Name
Public Facilities Construction/Rehabilitation
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Goal
Description
Activities include Senior Center kitchen update and Camp Rockin’ U Foster Youth Camp – Septic Replacement.
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Projects
AP-35 Projects – 91.220(d)
Introduction
The activities recommended for funding for the 2023 PY are consistent with the priority needs identified in the Strategic Plan. Lack of funding is the greatest obstacle to addressing underserved needs. The City has $567,759 in CDBG funds available for the PY.
In addition, there’s a total of $111,786.23 of combined Program Income and Revolving Loan funds.
Projects
# Project Name
1 Program Administration; 21A – General Program Administration 2 Sutter-Yuba Homeless Consortium, Homeless Services Coordination; LMC, 05 – Public Services
3 Sutter County – Pathway to Work Program; MC, 05 – Public Services 4 Yuba-Sutter Gleaners Foodbank Senior Home Delivery Program; LMC, 05A – Senior Services 5 FREED Home Repair and Modifications; LMH, 14A - Rehab; Single-Unit Residential 6 Habitat for Humanity – Home Repair Program; LMH, 14A - Rehab; Single-Unit Residential 7 City of Yuba City - ADA Sidewalk and Curb Improvements; LMC, 03L - Sidewalks 8 City of Yuba City - Senior Center Kitchen Update; LMC, 03A – Senior Centers 9 Camp Rockin U Foster Youth Camp – Septic Replacement; LMC – 03F, Parks, Recreational Facilities
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City received slightly over $785,000 in funding requests. In addition, the City is limited on the amount of funds that can be spent on Public Services and Program Administration & Planning in accordance to HUD regulations. As a result, the City is limited from spending more than 15% of its annual allocation, plus Program Income, on Public Service activities; therefore, some activities are not funded completely and some are partially funded based on the amount requested.
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AP-38 Project Summary
Project Summary Information
1 Project Name Program Administration
Target Area Citywide
Goals Supported Housing Rehabilitation
Non-Homeless Supportive Services
Homeless Assistance
Infrastructure Improvements/ADA Modifications
Public Facilities Construction/Rehabilitation
Needs Addressed Program Administration
Funding CDBG: $85,164
Description General administration, oversight and management of Community Development Block Grant Program.
Target Date 6/30/2024
Estimate the
number and type of
families that will
benefit from the
proposed activities Not applicable.
Location Description 1201 Civic Center Blvd., Yuba City, CA Planned Activities Administration, management, implementation and monitoring of activities funded by Community Development Block Grant funds. 2 Project Name Sutter-Yuba Homeless Consortium – Homeless Services Target Area Citywide
Goals Supported Homeless Assistance
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Needs Addressed Homeless Housing and Supportive Services Funding CDBG: $45,000
Description The Sutter-Yuba Homeless Consortium, (SYHC), in collaboration with Hands of Hope, Bridges to Housing, The Salvation Army, Central Valley Homeless Veterans Assistance Program, Regional Emergency Shelter Team (REST) and the Sutter County Homeless Shelter provide services to the homeless population in Sutter and Yuba Counties. In addition, the SYHC will be acting as the lead agency and fiscal agent in providing services and programs, in conjunction with five (5) other non-profit agencies, to the City’s homeless population.
Target Date 6/30/2024
Estimate the
number and type of
families that will
benefit from the
proposed activities A combined total of 577 Low-Income Homeless Persons Location Description Citywide
Planned Activities Continuum of Care Homeless Coordinator Salary; One-time security deposit assistance for homeless re-housing; assistance for homeless veterans to secure permanent housing; assistance for day shelter for homeless families; and rental assistance and supportive services provided by The Salvation Army. Additional services provided by Hands of Hope include showers, laundry facilities, clothes closet, computer access and assists in the operation of the Coordinated Entry System (CES), the Regional Emergency Shelter Team, (REST), provides seasonal emergency shelter services to single males and females and day-to-day operational services provided by the Sutter County Homeless Shelter.
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3 Project Name Habitat for Humanity - Home Repair Program Target Area Citywide
Goals Supported Housing Rehabilitation
Needs Addressed Preservation of existing units
Funding CDBG: $60,000
Description Provide exterior repairs and accessibility modifications to qualified low-income homeowners to preserve their homes, increasing their safety and accessibility, and improving their overall quality of life.
Target Date 6/30/2024
Estimate the number
and type of families
that will benefit
from the proposed
activities 16 Low-Income Homeowners
Location Description Citywide
Planned Activities Volunteer teams will participate in a variety of work including:
roofing, siding, painting, landscaping, replacing doors and windows and performing exteriors repairs at minimal costs to homeowners who would be unable to complete home repairs on their own. 4 Project Name FREED Home Repair and Modifications
Target Area Citywide
Goals Supported Housing Rehabilitation
Needs Addressed Preservation of existing units
Funding CDBG: $25,000
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Description Provide minor health and safety related accessibility modifications for low-income disabled and senior homeowners.
Target Date 6/30/2024
Estimate the number
and type of families
that will benefit
from the proposed
activities 40 Low-Income Homeowners
Location Description Citywide
Planned Activities The Program will provide health and safety related home accessibility modifications to low-income disabled and elderly homeowners that will allow them to remain living safely and independently in their home.
5 Project Name Yuba-Sutter Gleaners Foodbank – Senior Home Delivery Program Target Area Citywide
Goals Supported Non-Homeless Supportive Services
Needs Addressed Housing and Supportive Services for Special Needs Program Administration
Funding CDBG: $14,164
Description Deliver 2 weekly pre-made meals and a 20-lb box of groceries to seniors that lack resources to acquire healthy, nourishing food.
Target Date 6/30/2024
Estimate the number
and type of families
that will benefit
from the proposed
activities 74 Low-Income Seniors
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Location Description Citywide
Planned Activities Provide food deliveries low-income senior residents that are 65+ of age, with the goals of reducing hunger, and providing nourishing prepared meals and groceries.
6 Project Name Sutter County – Pathway to Work Program
Target Area Citywide
Goals Supported Homeless Services
Needs Addressed Homeless Housing and Supportive Services Funding CDBG: $26,000
Description Provide job training and stipends to homeless individuals for work including; cleanup/landscaping for local businesses.
Target Date 6/30/2024
Estimate the
number and type of
families that will
benefit from the
proposed activities 6 Low-Income Homeless Persons
Location Description Citywide
Planned Activities
7 Project Name ADA Sidewalk and Public Facility Improvements Target Area Qualified Low/Mod Census Tracts
Goals Supported Infrastructure Improvements/ADA Modifications Needs Addressed Public Improvements and Infrastructure
Funding CDBG: $162,431
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Description Provide sidewalks and improvements to public facilities allowing ADA accessibility.
Target Date 6/30/2024
Estimate the
number and type of
families that will
benefit from the
proposed activities 12,736 Low-Income Persons
Location Description Qualified Low/Mod Census Tracts
Planned Activities The project will serve the general public with specific emphasis on individuals with physical disabilities by removing obstacles within the public right-of-way that prohibit or limit accessibility. 8 Project Name Camp Rockin U Foster Youth Camp - Septic Replacement Target Area Qualified Low/Mod Census Tracts
Goals Supported Public Facilities Construction/Rehabilitation Needs Addressed Public Facilities
Funding CDBG: $41,000
Description Providing portion of funding for Yuba City foster youth for repairing septic tank at facility
Target Date 6/30/2024
Estimate the
number and type of
families that will
benefit from the
proposed activities 100 Low/Mod-Income Youth
Location Description 13919 Lake Francis Road, Dobbins, CA 95935
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Planned Activities Offers outdoor recreation opportunities to families of all sizes; offering camping sites and cabins and a variety of inexpensive to free recreation opportunities, including lake and pool swimming access, a large sports field and a small arcade.
9 Project Name City of Yuba City, Community Services – Senior Center Kitchen Update
Target Area Qualified Low/Mod Census Tract
Goals Supported Public Facilities Construction/Rehabilitation Needs Addressed Public Facilities
Funding CDBG: $150,000
Description Improve and update the restrooms of the Yuba City Senior Center Target Date 6/30/2024
Estimate the
number and type of
families that will
benefit from the
proposed activities 700 Low-Income Seniors
Location Description 777 Ainsley Avenue, Yuba City
Planned Activities Update the kitchen to allow an organization such as Area 4 Agency on Aging to use it as a cooking/prepping/deliver site for meal delivery programs to senior, (Meals on Wheels)..
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed In general, the City will allocate investment of resources on a city-wide basis. The City will allocate a portion of its funding to the Qualified Low/Mod Census Tracts.
Geographic Distribution
Target Area Percentage of Funds
Citywide 27
Qualified Low/Mod Census Tracts 54
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The City allocates the majority of funding on a city-wide basis; however, the distribution of funding is predicated somewhat on the nature of the activity to be funded. Resources targeted to new construction and preservation of existing housing will be allocated on a city-wide basis.
Discussion:
Resources targeted to special needs populations, including homeless, will also be allocated on a city-wide basis, where needs are identified and/or where resources can be coordinated with existing facilities and services.
Activities such as public facilities and improvements will be targeted to areas identified as Qualified Low/Mod Census Tracts; these are those older, low-income neighborhoods within the City most in need of assistance.
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
Goals contained in the City’s 2020 Consolidated Plan are to increase the supply of affordable housing through Housing Rehabilitation and construction of new affordable housing units during the five-year period covered by the Consolidated Plan. The City will support both public and private agencies as well as non-profit and for-profit housing developers in their efforts to increase the supply of affordable housing to homeless, non-homeless and special needs populations.
One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 56
Special-Needs 0
Total 56
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 56
Acquisition of Existing Units 0
Total 56
Table 10- One Year Goals for Affordable Housing by Support Type Discussion
The housing units and households anticipated to be assisted during the 2023 Program Year will be provide by the following Housing Programs: FREED Minor Home Modification/Repairs and Habitat for Humanity’s Exterior Home Repairs.
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AP-60 Public Housing – 91.220(h)
Introduction
The purpose of this section is to outline actions the City will take to address the needs of Public Housing.
The City does not own or operate Public Housing or have any oversight over the operation of the Regional Housing Authority (RHA); therefore, the City will act to continue its efforts to maintain a close working relationship with the RHA supporting their actions to address the needs of Public Housing.
Actions planned during the next year to address the needs to public housing As noted above, the City does not own or operate any Public Housing in the City; the RHA serves the City.
During the 2023 Program Year, the City will continue its close working relationship with the RHA to expand housing opportunities for the City's residents. Funding from the Permanent Local Housing Allocation grant is being looked at by the City and the RHA to be used for Public Housing needs.
Actions to encourage public housing residents to become more involved in management and participate in homeownership
Since the City does not own or operate Public Housing or have oversight over RHA operations, there are no actions directed specifically to Public Housing tenants. The City aims to reach out to all residents when advertising the housing loan programs such as the First-Time Homebuyers Down Payment Assistance and Owner-Occupied Housing Rehabilitation.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
The RHA is not designated as troubled.
Discussion
The RHA and the City have and continue to have a close working relationship where funding opportunities that the City has are shared with the RHA in collaboration to work to address the housing needs of the City. The City and the RHA work together on maintenance of existing Public Housing; the City is committed to remove barriers to developing additional permanent and Public Housing options.
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
This section identifies the actions the City will take during the 2023 Program Year, (2023 PY), to address homelessness. The City’s goals are to address chronic homelessness by assisting Transitional Housing Programs that provide on-going supportive services such as case management, education and job training to help ensure that people do not return to homelessness. The City will also provide assistance to homeless persons and low-income families at risk of becoming homeless.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City worksin partnership with the Sutter-Yuba Homeless Consortium (SYHC) to address homelessness.
Annually the SYHC conducts a Point-in-Time (PIT) count. The PIT provides valuable information, including demographic and living situation information that allows service providers and the community to better identify and evaluate the homeless population and their needs. During the 2023 PY the City will provide CDBG funds to the SYHC and its efforts to address homeless needs.
Addressing the emergency shelter and transitional housing needs of homeless persons During the 2023 PY the City will allocate a portion of CDBG funds under the Public Service Category to organizations that provide emergency shelter and transitional housing services to the homeless. The City will provide CDBG funding to the SYHC who is acting as the lead agency for all six (6) non-profit agencies to address the needs and provide services to the homeless population. Funding for two of the service providers are for the Sutter County Homeless Shelter for day-to-day operational services and to Hands of Hope for that provides showers, laundry facilities, clothes closet, computer access as well as referral and advocacy services.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City will provide CDBG funding for several organizations that serve the homeless, including families with children and veterans. In conjunction with the SYHC, organizations that will be assisted during the 2023 PY are: 1) Bridges to Housing – provides financial assistance to homeless or at-risk individuals who are in need of deposit and rental assistance. They will also provide assistance to help pay for past due
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rent and utilities as well as referrals, case management and on-going support to ensure they do not become homeless again. 2) Central Valley Homeless Veterans Assistance Program – provides financial assistance to low-income veterans in order to obtain emergency, transitional and permanent housing, as well as helping at-risk veterans maintain their permanent housing stability. This agency also provides financial assistance to extremely low-moderate income veterans for utility payments, if no other options are available, to help maintain the veteran's housing in a habitable condition. 3) Hands of Hope – assists with the operation of the Coordinated Entry System (CES) that allows fair and equal access to housing and supportive services. 4) The Salvation Army – provides rental assistance and supportive services to homeless individuals and households in the community. This program provides financial assistance in the following ways: application fees, moving expenses, monthly rental assistance, utility assistance, rental deposits, and storage fees. 5) Regional Emergency Shelter Team (REST) – provides seasonal emergency shelter to individuals and families experiencing homelessness in Yuba City; the Emergency Winter Shelter operates each year from late November to early April. This program provides shelter, meals, case management, and other supportive services.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
The City’s efforts during the 2023 PY to prevent homelessness will include Affordable Housing Programs that maintain the existing affordable housing stock or increase the number of affordable housing units available to low-income households. As noted above, the City will also support housing programs that address the underlying reasons for homelessness and provide on-going support services for formerly homeless families and programs that provide assistance to low-income families at risk of becoming homeless, such as the Bridges to Housing Program.
Discussion
In addition to resources available to and controlled by the City, organizations within the community for which their mission is to provide services to the homeless may receive funds from a variety of federal, state and local sources. These funding sources include Emergency Solutions Grant (ESG), California Emergency Solutions and Housing (CESH), Homeless Emergency Aid Program, (HEAP), Community Services Block Grant (CSBG), Homeless Housing and Prevention Program (HHAP) and Continuum of Care Program Competition, as well as charitable organizations and private donations. Throughout the 2023PY the City will work closely and support the efforts of the SYHC to address the housing and supportive needs of the homeless.
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
The most significant barrier to affordable housing in the City of Yuba City is the Lack of affordable housing due to the housing market influencing rising rents, due in part to the cost of development, which outpaces the ability for residents to access housing. Where affordable rental housing is available, standards to secure housing continue to make housing inaccessible for some low- and extremely lowincome households. The City targets housing resources, including entitlement CDBG and State of California HOME and PLHA funds, to the creation of affordable rental units, preservation of existing affordable rental units and owned homes, and permanent supportive housing for low-income and very low-income households.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City’s 2021-2029 Housing Element was recently certified and this Housing Element provides a detailed analysis of potential barriers to affordable housing development, including local, State and Federal governmental constraints, market constraints and environmental constraints. This updated Housing Element incorporated community outreach regarding fair housing issues from the 2020-2024 Consolidated Plan and Analysis of Impediments (2020) and allowed the City to reach members across all socioeconomic segments. The following provides a summary of discussion contained in the City’s Housing Element:
Governmental Constraints:
Governmental constraints include the regulatory functions that are basic to the role of local government; however, there is much debate about whether or not these regulations discourage the availability of housing to people of all income levels.
Land Use Regulations:
The land use categories contained in the City’s General Plan, (Low Density Residential, Medium Density Residential and High Density Residential), provide for residential grown at various density levels.
Zoning requirements for setbacks, lot coverage and parking are not perceived as a constraint to housing development in the City.
Permits and Fees:
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The 2021-2029 Housing Element concludes that permits and fees in the City may be high in comparison to other jurisdictions in the region and could represent a constraint to housing development.
Infrastructure:
The provision of on-site improvements, such as streets, curbs, gutters, sidewalks, landscaping, water and sewer are standard conditions of approval. In many cases, off-site improvements and/or mitigations may also be required to accommodate development. These off-site improvements might include street widening, traffic signals, public utility easements, flood control improvements. Both on-site and off-site improvements are incorporated into the total project costs discussed under Market Constraints below.
Development Review Process:
The City’s development review guidelines work to ensure a streamlined project review process and ensure fairness and consistency in the development review process. The City’s development and design review processes are not perceived as a barrier to development.
Building Code and Enforcement:
The City’s building codes represent basic construction standards within the State of California and thus do not place an undue burden on the construction or rehabilitation of affordable housing; however, stakeholders expressed that incomplete code enforcement may exacerbate issues that low-income individuals may face. (i.e. when code enforcement does not adequately follow up on housing condition violations result in tenants or owners being displaced due to cost of repairs.) Reasonable Accommodation and Housing for Persons with Disabilities:
In accordance with California State SB 520, the Housing Element analyzes potential and actual government constraints specifically on development of housing for persons with disabilities. The Americans with Disabilities Act (ADA) is supported at the State and local level. The City follows State codes, which are more restrictive than Federal codes.
In conformance with the passage of SB 520, the City has evaluated its zoning code, building code, and permit processing procedures for compliance with ADA guidelines. Using the SB 520 Analysis Tool, staff found no significant barriers to the development, maintenance and improvement of housing for persons with disabilities. Answers to the questions contained in the Analysis Tool are kept on file and will be periodically updated as required.
The 2021-2029 Housing Element commits to passing a reasonable accommodation ordinance to develop a procedure for requesting reasonable accommodation in the application of zoning laws and other land use regulations, policies and procedures for persons with disabilities seeking
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equal access to housing.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
Consistent with the 2021-2029 Housing Element, Housing Program Schedule, the City is addressing the following policies that may act as barriers to the development of affordable housing.
Conservation of Existing Housing
Continue to enforce City building, fire, health, and zoning codes to remedy existing pockets of blight and deterioration to conserve and improve the condition of existing affordable housing stock in coordination with rehabilitation and other infrastructure improvement programs. The City will collaborate with the Housing Authority to target efforts in the rehabilitation assistance programs throughout the City, with a focus on ensuring equal access to the programs across all socioeconomic groups. The City will provide marketing materials in languages other than English, as needed. The City will create a program to prevent displacement and mitigate relocation impacts as a result of code enforcement activities.
• Accessory Dwelling Units. - Continue the City’s policy that allows for accessory dwelling units (ADUs) within single-family residential neighborhoods by reducing lot coverage requirements and allowing for tandem parking when setback requirements are met. In addition, the zoning code will be amended to allow ADUs and Junior ADUS (JADUs) in all residential zones (R-1, R2, and R-3), in accordance with Assembly Bill (AB) 2299 and Senate Bill (SB) 1069. • Facilitate a Variety of Housing Types. – The City will continue to ensure that zoning standards and development requirements facilitate the construction of a diversity of housing types, including apartment complexes, group housing, and townhomes to meet the needs of all households and income levels.
• Infrastructure Provision and Financing. – Minimize infrastructure costs for residential development by identifying infrastructure needs and available sources of funding for infrastructure improvements.
• Density Bonus. – The City will codify the City’s density bonus ordinance in compliance with the state’s density bonus law (Government Code Section 65915, as revised) and will continue to offer specific incentives for the development of individual or group-care housing affordable to seniors and special-needs population through City-specific density bonuses, reduced parking requirements, and development fee reductions for projects in infill locations. • Partner with Housing Advocates. – Continue and expand, where feasible, partnerships with forprofit or nonprofit housing organizations, including the Regional Housing Authority, to provide
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affordable housing. Consider contracting with additional organizations to provide housing services and information for special-needs groups within the City. • Farmworker Housing. – Continue to work with Sutter County, the farm industry, and neighborhoods where housing projects are proposed to facilitate the provision of farmworker housing. Assist in meeting the housing needs of farmworkers in and around Yuba City. • Facilitate Construction of Special-Needs Housing. – The City will remove barriers for specialneeds groups by amending the zoning code to address the following:
•
• Transitional and Supportive Housing
• Reasonable Accommodation
• Employee Housing
• Single-Room Occupancy Units
• Low-Barrier Navigation Centers
• Residential Care Facilities. – Continue to offer specific incentives for development of individual or group-care housing affordable to the City’s senior and special-needs populations through Cityspecific density bonuses (in addition to state requirements), reduced parking requirements, and development fee reductions for projects at infill localities. • Housing for Special Needs Groups. – The City will work with housing providers to ensure that special housing needs and the needs of lower-income households are addressed for seniors, large families, female-headed households, female-headed households with children, persons with disabilities and developmental disabilities, extremely low-income households, and homeless individuals and families.
• Assistance for Persons with Developmental Disabilities. – The City will work with the Alta California Regional Center to implement an outreach program that informs families within Yuba City about housing and services available for persons with developmental disabilities. • Affirmatively Furthering Fair Housing. – Implement the City’s Analysis of Impediments to Fair Housing Choice (AI), adopted in 2020, to address disparities in housing needs and in access to opportunity for all persons regardless of race, color, religion, sex, national origin, familial status, disability, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, veteran or military status, source of income, and genetic information as protected categories by the California Fair Employment and Housing Act (Part 2.8 [commencing with Section 12900] of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
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AP-85 Other Actions – 91.220(k)
Introduction:
This section addresses the City’s planned actions during the 2023 Program Year, (2023 PY), to carry out strategies covered in the Consolidated Plan including, fostering and maintaining affordable housing, evaluation and reduction of lead-based paint hazards, reduce the number of families within the poverty level and develop the institutional structure and enhancing coordination between public and private agencies that serve low-income and special needs populations.
Actions planned to address obstacles to meeting underserved needs The greatest obstacle to meeting underserved needs in the City is the lack of funding. During the 2023 PY and the duration of the 2020 Con Plan period the City will continue its efforts to identify funding sources, support funding applications by developers and service providers that expand the availability of affordable housing and support applications for homeless assistance and supportive service funds. The City will also implement zoning and land use policies that encourage the development of affordable housing. The City will continue to participate and encourage partnerships between local agencies and organizations so underserved needs may be better met by collaborative use of resources. Additionally, the applications received by the City often do not address some of the greater issues such as acquisition or development of new affordable housing units and economic development activities.
Actions planned to foster and maintain affordable housing The City will continue to offer and/or provide funding for a range of affordable housing activities including single-family Housing Rehabilitation, multi-family housing rehabilitation and First-time Homebuyer Programs. The City will work in partnership with private developers, local non-profit agencies and the Regional Housing Authority to develop and preserve affordable housing units.
Actions planned to reduce lead-based paint hazards
The City will continue to implement HUD’s lead-based paint regulations that became effective in September 2000. Efforts by the City to reduce lead-based paint hazards include the disclosure to homeowners of possible lead hazards, sponsoring certification training for contractors, implementation of lead risk assessment and clearance testing procedures and supervision of lead-related work performed.
In addition, the City will continue to adhere to its Housing Rehabilitation Program guidelines that were amended to stipulate the type and amount of assistance provided and define costs covered under the City’s lead reduction program.
Actions planned to reduce the number of poverty-level families The City will continue its efforts to increase the availability of affordable housing opportunities and assist homeless individuals or those who may be at risk of homelessness. In addition, the City will implement land use policies that seek to balance the creation of jobs and housing and ensure a variety of employment
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opportunities requiring varying levels of skills and training.
The City will continue its efforts to develop and maintain cooperative relationships with public and private organizations that share a common mission for improving the quality of life for individuals through housing, social services, employment and skills training and economic development.
Actions planned to develop institutional structure
The City's Development Services Department is the City Department responsible for the administration of the City’s Housing Programs, including the Community Development Block Grant (CDBG) Program. The Development Services Department also oversees the City’s Community Development activities. As an entitlement jurisdiction, the City receives an annual CDBG allocation through the Department of Housing and Urban Development (HUD. Both internal City Departments and external Sub-Recipient agencies implement the programs and projects identified in the Draft 2023 Annual Action Plan. The Development Services Department will continue to collaborate with other City Departments, the City Council, City Commissions, as well as local agencies and organizations and residents to develop programs and activities that serve low and moderate-income individuals and families within the jurisdiction.
Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue to meet with and maintain a dialogue with non-profit agencies and organizations that serve low and moderate-income persons. The City will work to enhance and improve the organizational capacity and foster a collective planning process.
The City will continue to work closely with the Regional Housing Authority to develop, preserve and improve the supply of affordable housing in the City.
Discussion:
Although there are coordinated programs and services to address the needs of lower income households and the homeless, it is recognized that many unmet needs will remain.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan
0.00 3. The amount of surplus funds from urban renewal settlements
0.00 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan.
0.00 5. The amount of income from float-funded activities
0.00 Total Program Income
0.00 0.00
Other CDBG Requirements
1. The amount of urgent need activities 0.00
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit – A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 70.00% The Program Income will be used to fund additional housing loans for the above listed programs.
CITY OF YUBA CITY
Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Manager’s Report
CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Council Reports
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner
Adjournment