Agenda packet — Yuba City City Council, July 18, 2023 (part 1 of 3)

The City has adopted a Reasonable Accommodations Policy that provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. Please visit yubacity.net ADA & Accessibility Resources page. If you need assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the City Council, the City is happy to help. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation; 72 hours in advance is suggested. Please contact City offices at (530) 822-4817 or (TTY: 530-822-4732), so such aids or services can be arranged. Requests may also be made by email at [email protected] or [email protected] or mail City Clerk, 1201 Civic Center Blvd, Yuba City, CA 95993.

AGENDA
JULY 18, 2023

REGULAR MEETING

CITY COUNCIL

CITY OF YUBA CITY
5:00 P.M. CLOSED SESSION

SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Wade Kirchner
VICE MAYOR ● Shon Harris
COUNCILMEMBER ● Marc Boomgaarden
COUNCILMEMBER ● Michael Pasquale
COUNCILMEMBER ● Dave Shaw
CITY MANAGER ● Diana Langley
CITY ATTORNEY ● Shannon L. Chaffin
1201 Civic Center Blvd
Yuba City CA 95993
Wheelchair Accessible

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AGENDA

REGULAR MEETING

CITY COUNCIL - CITY OF YUBA CITY
JULY 18, 2023
5:00 P.M. CLOSED SESSION

SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s office at 1201 Civic Center Blvd., Yuba City, during normal business hours. Such documents are also available on the City of Yuba City’s website at www.yubacity.net, subject to staff’s availability to post the documents before the meeting.

The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link:
https://us06web.zoom.us/webinar/register/WN_2FObWylzS0eDqm9EI-CO-g. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.

Public Comment:

Any member of the public wishing to address the City Council on any item listed on the closed session agenda will have an opportunity to present testimony to the City Council in the Council Chamber prior to the City Council convening into closed session. Comments from the public will be limited to three minutes. No member of the public will be allowed to be present once the City Council convenes into closed session.

Closed Session
A. Conference With Legal Counsel—Existing Litigation (Pursuant to Government Code Section 54956.9(d)(1))
Name of case: Derek Sweet, Claim number: 4A22010F6M7-0001 B. Conference with Legal Counsel – Pending Litigation per Government Code Section 54956.9(d)(4);
(One case)
Regular Meeting
Call to Order
Roll Call

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__ Mayor Kirchner
__ Vice Mayor Harris
__ Councilmember Boomgaarden
__ Councilmember Pasquale
__ Councilmember Shaw
Invocation/Inspiration
Pledge of Allegiance to the Flag
City Attorney's Report on Closed Session Items, City Attorney Shannon Chaffin Agenda Modifications/Approval of Agenda
Ceremonial Presentations

1. Retirement Proclamation for Sgt Dennis Hauck

2. July is Parks and Recreation Month, Proclamation
Public Communication

3. Appearance of Interested Citizens
You are welcome and encouraged to participate in this meeting. Public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda will be considered at this time. Public comment is limited to three minutes per speaker. Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted five minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.

Consent Calendar
All matters listed under Consent Calendar are considered to be routine and can be enacted in one motion. There will be no separate discussion of these items prior to the time that Council votes on the motion unless members of the City Council request specific items to be discussed or removed from the Consent Calendar for individual action.

4. Minutes from the June 20th and 29th, 2023 meeting
Recommendation: Approve the June 20th and 29th, 2023 meeting minutes

5. Planned Development 18 (PD 18) Zoning District associated with Tentative Subdivision Map (TSM) 23-01, West Walton Village
Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City approving Environmental Assessment (EA) 23-02 by adopting a Mitigated Negative Declaration prepared for Planned
Development (PD) 18 and SM 23-01 and rezoning Assessor’s Parcel 58-020-001 to add Planned Development (PD) 18 located on the west side of Walton Avenue approximately 670 feet north of Franklin Road; Assessor’s Parcel Number (APN) 58-020-001, and waive the second reading

6. Designation of Voting Delegates for the League of California Cities Annual Conference in September 2023
Recommendation: Designate Mayor Wade Kirchner to serve as the Voting Delegate for the 2023 League of California Cities Annual Conference in September 2023, and designate Vice Mayor Shon Harris to serve as an alternate

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7. SACOG Fund Exchange Agreement (Authorization to execute) Recommendation: Adopt a Resolution authorizing the City Manager to execute a Fund Exchange Agreement with the Sacramento Area Council of Governments agreeing to have federal funds be de-programmed from the Bridge Street Reconstruction Development Phase project and re-programmed to the Walton Avenue Complete Streets project

8. Anneka Sewer Replacement Project (Plans and Specifications) Recommendation: Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption, approving the plans and specifications for the Anneka Sewer Replacement Project and authorizing
advertisement for bids on the project

9. ADA Ramp and Sidewalk Improvements Project (Award Construction Contract) Recommendation: Adopt a Resolution awarding a construction contract to FBD Vanguard Construction, Inc. of Livermore, CA in the amount of their total base bid plus bid alternative of $347,536.00 for the ADA Ramp and Sidewalk Improvements Project

10. Wastewater Treatment Facility RAS & WAS Pump Replacement Project (Award Construction Contract)
Recommendation: Resolution of the City Council of the City of Yuba City awarding a construction contract to TNT Industrial Contractors, Inc. of Sacramento, CA in the amount of their total bid of $276,760.00 (WWTF RAS/WAS Pump Replacement Project)

11. Harter Specific Plan Infrastructure Improvement Fee Recommendation: Adopt a Resolution modifying the timing of collection of the Harter Specific Plan Infrastructure Improvement Fee

12. Harter Estates South (Annexation #4 of property in CFD 2021-1) Recommendation: Adopt a Resolution annexing a certain area, Harter Estates South, within the City Limits into an existing Community Facilities District (CFD No. 2021-1) to fund municipal services, and filing said Resolution, along with the Fouth Amendment to the Notice of Special Tax Lien, in the office of County Recorder of the County of Sutter

13. Yuba City Landscape Maintenance District No. 1 (Stabler Lane/Garden Highway Area) Resolution of Intent
Recommendation: A. Adopt the following Resolutions to continue the Maintenance District, pursuant to the Landscaping and Lighting Act of 1972:
o Resolution Approving the Engineer’s Report, Yuba
City Landscape Maintenance District No. 1
o Resolution of Intention to Order Improvements, Yuba
City Landscape Maintenance District No. 1
B. Set a Public Hearing for August 15, 2023 at 6:00 PM to establish assessments for FY 2023-24

14. Consideration of a Staff Services Agreement between the City of Yuba City and the Sutter County Local Agency Formation Commission (Sutter LAFCO)

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Recommendation: Authorize the Mayor to sign a Staff Services Agreement between the City of Yuba City and Sutter LAFCO

15. Overnight Camping Memorandum of Understanding (MOU) - 68 2nd Street, Yuba City
Recommendation: Adopt a Memorandum of Understanding (MOU) with the County of Sutter to provide ongoing funding for the operation of an overnight camping site for individuals experiencing
homelessness at 68 2nd Street, Yuba City
Business Items

16. Consideration of Inclusion of Delinquent Charges and Penalties for Water and Wastewater Services on Secured Tax Roll
Recommendation: A. Conduct a Public Hearing, and after consideration B. Adopt a Resolution for the inclusion of delinquent charges and penalties for water and wastewater services on the secured tax roll in the same manner as the general taxes and directing that a lien also be placed on the subject properties

17. Burned/Damaged Building Abatement
Recommendation: Receive a staff presentation on fire damaged building abatement

18. Plumas Street Improvements - Water Tower Painting and Lighting (Award Construction Contract)
Recommendation: Adopt a Resolution which awards a Standard Agreement to Yesco Signs, LLC of Salt Lake City, UT for the re-painting, logo installation and lighting retrofit services on the Plumas Street water tower in the amount of their total bid of $390,875.37

19. Aquifer Storage and Recovery Well Project - Consultant Award Recommendation: Adopt a Resolution with the following actions:

A. Award a Professional Services Agreement to Carollo of Sacramento, CA in the amount of $2,613,830 for development of environmental documents, permits, plans and specifications, bid services, and hydro geologic and other services for the Aquifer Storage and Recovery Well Project, subject to material terms, with the finding that it is in the best interest of the City B. Authorize the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney
C. Authorize the Finance Director to make necessary
supplemental appropriations to be reimbursed for the grant funds

20. Yuba City Residential Street Light Maintenance Districts (Walton Area and Tierra Buena Area) Public Hearing
Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2023-24 within Yuba City

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Residential Street Light Maintenance District No. 1 (Tierra Buena) and Residential Street Light Maintenance District No. 1 (Walton Area)

21. Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4 & 5 (Town Center and 69 Subdivisions throughout Yuba City), and Yuba City Lighting and Landscape Maintenance District No. 6 (Commercial District) Public Hearing Recommendation: A. Conduct a Public Hearing
B. Adopt a Resolution confirming and ordering the annual levy of assessments for Fiscal Year 2023-24 for the Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5, & 6 (Town Center, 69 subdivisions throughout Yuba City including the Palisades Subdivisions and Butte Vista neighborhood, and commercial district)
Future Agenda Items

22. Future Agenda Items
- Councilmember Pasquale
- Councilmember Boomgaarden
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner
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

23. City Manager's Report

24. City Council Reports
Adjournment

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Proclamation
of the City Council

DENNIS HAUCK
Police Sergeant
In Recognition of your Retirement
WHEREAS, Police Sergeant Dennis Hauck started his law enforcement career as a Reserve Deputy with the Yuba County Sheriff’s Office on April 13, 1992, and was hired as a Police Officer by the City of Yuba City on November 3, 2007; and
WHEREAS, Dennis has held the positions of Police Officer, Police Sergeant, and Traffic Sergeant, including ancillary duties as a Field Training Officer, Hostage negotiator and Cadet program supervisor; and
WHEREAS, Dennis has been recognized with numerous awards and commendations for his exemplary professional performance including numerous letters of appreciation from the public, peers and supervisors; and
WHEREAS, Dennis has served as an example of a leader, and a team player during his sixteen year with the City of Yuba City. He received three Chief’s Unit of the Year Awards, three Individual Commendation awards, the Police Unit Commendation ribbon, four Police Fitness awards, and was awarded the 2010 Chief’s Spirit Award; and
WHEREAS, while employed with the Marysville Police Department, Dennis received the Medal of Valor and was selected as the 2002 Officer of Year; and WHEREAS, Dennis took an oath when he was hired to, “Preserve, Protect and Defend the Constitution,” an oath he never broke; and
WHEREAS, Sergeant Dennis Hauck kept faith with the public he so honorably served for more than 31 years.

NOW, THEREFORE, LET IT BE RESOLVED, that I, Wade Kirchner, Mayor of the City of Yuba City, on behalf of the entire Council and citizens we serve, do hereby congratulate Sergeant Dennis Hauck on the occasion of his honorable retirement, July 14, 2023. We wish Sergeant Hauck, the very best in his future.

Done on this 18th day of July, 2023 in the City of Yuba City, County of Sutter, State of California.

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Proclamation
of the City Council
July is Parks and Recreation Month
WHEREAS, Parks and Recreation makes lives and communities better now and in the future; and
WHEREAS, our Parks and Recreation programs are vitally important to establishing and maintaining the quality of life in our community, ensuring the health of all citizens, and contributing to the economic and environmental well-being of the region; and WHEREAS, residents value recreation as it provides positive alternatives for children and youth to reduce crime and mischief, especially during non-school hours, promotes the arts, increases social connections, aids in therapy, and promotes lifelong learning; and WHEREAS, through the hard work and dedication of our Park Maintenance staff, our parks provide access to the tranquility and stimulation of nature and the outdoors, as well as allow residents access to outdoor spaces for children and adults to play and be active; exercise and hold group sports; and
WHEREAS, the residents of the City of Yuba City, including children, youth, families, adults, seniors, businesses, community organizations, and visitors benefit from the wide range of parks, trails, open space, facilities, and Recreation programs, including Blackburn Talley Sports Complex, Gauche Aquatic Park, Feather River Parkway, Sam Brannan Pickleball/Tennis Courts, the Senior Center, and Youth and Adult Sports provided by the City of Yuba City; and WHEREAS, the City Council urges all its residents to recognize that Parks and Recreation enriches the lives of its residents and visitors, builds healthy, active communities that aid in the prevention of chronic disease, such as obesity, improve the mental and emotional health of all citizens, as well as adding value to the community’s homes and neighborhoods; and WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month.

NOW, THEREFORE, BE IT RESOLVED, that I, Wade Kirchner, Mayor of the City of Yuba City and on behalf of the entire City Council of the City of Yuba City do hereby proclaim July 2023 as Parks and Recreation Month and in doing so, ask that the citizens of the City of Yuba City use of and enjoy its parks, trails, open spaces, facilities, and recreation opportunities.

Done this 18th day of July 2023, at the City of Yuba City, County of Sutter, State of California

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CITY OF YUBA CITY
Public Communication
Members of the public may address the City Council on items of interest that are within the City’s jurisdiction. Individuals addressing general comments are encouraged to limit their statements.

Procedure
You are welcome and encouraged to participate in this meeting. Complete a Speaker Card located in the lobby and give to the Clerk, public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda, will be considered at this time.

When a matter is announced, wait to be recognized by the Mayor to provide your comments to the Council. Comments should begin by providing your name and place of residence. A three minute limit is requested when addressing Council.

Request for additional time to address Council
Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted 5 minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.

Procedure
When requesting to comment, please indicate your name and the topic and mail to:

City of Yuba City
Attn: City Clerk
1201 Civic Center Blvd
Yuba City CA 95993
Or email to:

Jackie Sillman, City Clerk
[email protected]

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Agenda Item 4

CITY OF YUBA CITY

STAFF REPORT
Date: July 18, 2023
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes from the June 20th and 29th, 2023 meeting Recommendation: Approve the June 20th and 29th, 2023 meeting minutes Fiscal Impact: None
Attachments:

1. 06-20-2023 - Regular Meeting Minutes (DRAFT)

2. 06-29-2023 - Special Closed Session Meeting (DRAFT)
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

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ATTACHMENT 1

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MINUTES (DRAFT)

REGULAR MEETING

CITY COUNCIL - CITY OF YUBA CITY
JUNE 20, 2023
5:00 P.M. CLOSED SESSION

SUTTER ROOM/VIRTUAL
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
Call to Order
The Closed Session Meeting of the City Council was called to order by Mayor Kirchner at 5:00 PM
Roll Call

Present: Mayor Kirchner and Councilmembers Boomgaarden, Harris, and Pasquale

Absent: Councilmember Shaw
Closed Session
A. Conference with Legal Counsel – Pending Litigation (Pursuant to Government Code Section 54956.9(d)(2))
(Lopez v. Maple Yuba, et al.; Claim No. NCGA08878A1; premises liability claim) B. Conference with Labor Negotiators (Pursuant to Government Code, Section 54957.6.) Agency designated representatives: Diana Langley, City Manager, Natalie Springer, Human Resources Director, Brad McIntire, Community Services Director, Spencer Morrison, Finance Director, Ben Moody, Public Works and Development Services Director, Brian Baker, Police Chief, Jesse Alexander, Fire Chief, Michael Jarvis, LCW, Katie Kaneko, Koff & Associates
Employee organizations: Yuba City Police Officers; Police Sergeants; Yuba City Firefighters Local 3793; Yuba City Fire Management; First Level Managers, Mid Managers, Police Sworn Mid Managers; and Public Employees Local No. 1
Unrepresented employees: Confidential Employees, Executive Services Employees No public comment received
Regular Meeting
Call to Order
The Regular Meeting of the City Council called to order by Mayor Kirchner at 6:07 PM Roll Call

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Present: Mayor Kirchner and Councilmembers Boomgaarden, Harris, and Pasquale

Absent: Councilmember Shaw
Invocation/Inspiration
YCPD Chaplain Ron Fortenberry
Pledge of Allegiance to the Flag
Jackie Sillman, City Clerk
City Attorney's Report on Closed Session Items
No reportable action
Modifications/Approval of Agenda
• Item 10 (Yuba City Landscape Maintenance District No. 1 (Stabler Lane/Garden Highway Area) Resolution of Intent) was continued to the next Regular Meeting on July 18th
• Due to recusals, Item 11 was pulled from the Consent Calendar and voted on separately Ceremonial Presentations

1. Outgoing Youth Commissioners Recognition
Mayor Kirchner presented certificates to Sonia Jawanda and Ashleigh Skarshaug Also acknowledged (not in attendance): Alejandro Macias Greta Hartridge Gundershaug

2. Permit Planner Presentation by Ashley Potocnik
Ashley Potocnik, Development Liaison, gave a presentation

3. Senate Bill 403 - Discrimination on the Basis of Caste Satnam Singh gave a presentation
Public Communication

4. Appearance of Interested Citizens
Palwinder Mahi spoke
Heather Esemann spoke

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Consent Calendar
Item 10 was continued to the next Regular Meeting on July 18th Item 11 was pulled from the Consent Calendar and voted on separately Councilmember Pasquale moved and Councilmember Boomgaarden seconded the motion to approve Consent Calendar items 5-9:

5. Minutes of the June 6, 2023 meeting
Approve the June 6, 2023 minutes

6. Firefighters' Local 3793 Memorandum of Understanding Adopt Resolution 23-077:

A. Approving the Memorandum of Understanding with the Firefighters’ Local 3793 group
B. Authorizing the Finance Director to amend the salary schedule

7. Citywide Phone System Upgrade
Adopt Resolution 23-078 awarding the purchase to Zoom Video Communications, Inc. for the procurement of a Voice over Internet Protocol (VoIP) phone system in the amount of $95,068 and $47,687 for the purchase of phone hardware utilizing the NASPO ValuePoint contract for a total project cost of $142,755 with the finding that it is in the best interest of the City

8. Water Treatment Plant West Flow Meter Project
Adopt Resolution 23-079 with the following actions:

A. Award a construction contract to Koch & Koch, Inc., of Grass Valley, CA in the amount of their total bid of $395,320.00 and authorize the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney
B. Award a Professional Services Agreement to Inferrera Construction Management Group, Inc. of Shingle Springs, CA for Construction Management and Inspection Services in the amount of $46,428.00 and authorize the City Manager to execute the contract on behalf of the City, subject to material terms, subject to review and approval as to legal from by the City Attorney, and with the finding that it is in the best interest of the City

9. Yuba City Residential Street Light Maintenance Districts (Walton Area and Tierra Buena Area) Resolution of Intent
A. Adopt Resolution 23-080 Approving Engineer’s Reports and Declaring Intention to Levy for Yuba City Residential Street Light Maintenance Districts, to continue the Residential Street Light Maintenance Districts, pursuant to the

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Benefits Assessment Act of 1982
B. Set a Public Hearing for July 18, 2023 at 6:00 PM to establish assessments for Fiscal Year (FY) 2023-24

10. [Item 10 was continued to the next Regular Meeting on July 18th] Yuba City Landscape Maintenance District No. 1 (Stabler Lane/Garden Highway Area) Resolution of Intent
A. Adopt the following Resolutions to continue the Maintenance District, pursuant to the Landscaping and Lighting Act of 1972:
o Resolution Approving the Engineer’s Report, Yuba City Landscape Maintenance District No. 1
o Resolution of Intention to Order Improvements, Yuba City Landscape Maintenance District No. 1
B. Set a Public Hearing for July 18 at 6:00 PM to establish assessments for FY 2023-24

11. [Item was voted on separately]
Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4 & 5 (Town Center and 69 Subdivisions throughout Yuba City), and Yuba City Lighting and Landscape Maintenance District No. 6 (Commercial District) Resolution of Intent
A. Adopt the following Resolutions to continue the Maintenance Districts, pursuant to the Landscaping and Lighting Act of 1972:
o Resolution Approving Engineer’s Reports, Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5 and 6
o Resolution of Intention to Order Improvements, Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5 and 6
The motion passed with four (4) votes
Consent Calendar (continued)…

11. Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4 & 5 (Town Center and 69 Subdivisions throughout Yuba City), and Yuba City Lighting and Landscape Maintenance District No. 6 (Commercial District) Resolution of Intent
Councilmember Pasquale Recused
A. Adopt the following Resolutions to continue the Maintenance Districts, pursuant to the Landscaping and Lighting Act of 1972:
o Resolution 23-081 Approving Engineer’s Reports, Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5 and 6 o Resolution 23-082 of Intention to Order Improvements, Yuba City

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Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5 and 6 B. Set a Public Hearing for July 18, 2023 at 6:00 PM to establish assessments for Fiscal Year (FY) 2023-24
The motion passed with three (3) votes
Business Items:

12. FY2023-24 Citywide Sole Source and Professional Services Heather Esemann spoke
Councilmember Pasquale moved and Vice-Mayor Harris seconded the motion to:

Adopt Resolution 23-083 pre-authorizing the City Manager or designee to enter into citywide sole source and professional service purchases from July 1, 2023 through June 30, 2024, for specified items based on each purchase recommendation being in the best interest of the City
The motion passed with four (4) votes

13. Planned Development 18 (PD 18) Zoning District associated with Tentative Subdivision Map (TSM) 23-01, West Walton Village
Mayor Kirchner opened a Public Hearing
Sean Minard, MHM spoke
Mayor Kirchner closed the Public Hearing
Councilmember Boomgaarden moved and Councilmember Pasquale seconded the motion to:

Introduce an Ordinance of the City Council of the City of Yuba City approving Environmental Assessment (EA) 23-02 by adopting a Mitigated Negative Declaration prepared for Planned Development (PD) 18 and SM 23-01 and rezoning Assessor’s Parcel 58-020-001 to add Planned Development (PD) 18 located on the west side of Walton Avenue approximately 670 feet north of Franklin Road; Assessor’s Parcel Number (APN) 58-020-001, and waive the first reading
The motion passed with four (4) votes

14. 2023 Community Development Block Grant - Annual Action Plan Mayor Kirchner opened a Public Hearing
Maria Ball, Yuba Sutter Foodbank spoke
Mayor Kirchner closed the Public Hearing
Vice-Mayor Harris moved and Councilmember Pasquale seconded the motion to:

Adopt Resolution 23-084 approving the proposed 2023 Annual Action Plan

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Amendment and authorize staff to submit the required documents to the Department of Housing and Urban Development (HUD) for processing;
Authorize the Finance Director to add budget appropriations for the grant revenue and expenditures
The motion passed with four (4) votes
Future Agenda Items

15. Future Agenda Items
Satnam Singh spoke re: SB 403
Reports and Communications

16. City Manager's Report

17. City Council Reports
- Councilmember Boomgaarden
- Councilmember Pasquale
- Vice Mayor Harris
- Mayor Kirchner
-
Adjournment
Mayor Kirchner adjourned the Regular Meeting of the City Council at 7:44 PM _____________________________
Wade Kirchner, Mayor
ATTEST:
____________________________
Ciara Wakefield, Deputy City Clerk

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ATTACHMENT 2

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MINUTES (DRAFT)
SPECIAL MEETING – CLOSED SESSION

CITY COUNCIL - CITY OF YUBA CITY
JUNE 29, 2023
5:00 P.M. SUTTER ROOM
1201 CIVIC CENTER BLVD, YUBA CITY CA 95993
Special Closed Session Meeting
Call to Order
Mayor Kirchner called the Special Meeting of the City Council to order at 5:02 PM Roll Call

Present: Mayor Kirchner and Councilmembers Boomgaarden, Harris, Pasquale, and Shaw

Absent: None
Public Communication
No public comment
Closed Session
Conference with Labor Negotiators (Pursuant to Government Code, Section 54957.6.) Agency designated representatives: Diana Langley, City Manager, Natalie Springer, Human Resources Director, Brad McIntire, Community Services Director, Spencer Morrison, Finance Director, Ben Moody, Public Works and Development Services Director, Brian Baker, Police Chief, Jesse Alexander, Fire Chief, Michael Jarvis, LCW Employee organizations: Yuba City Police Officers; Police Sergeants; Yuba City Firefighters Local 3793; Yuba City Fire Management; First Level Managers, Mid Managers, Police Sworn Mid Managers; and Public Employees Local No. 1
Unrepresented employees: Confidential Employees, Executive Services Employees No reportable action
Adjournment
Mayor Kirchner adjourned the Special Closed Session Meeting at 6:46 PM __________________________
Wade Kirchner, Mayor
ATTEST:
_______________________________
Ciara Wakefield, Deputy City Clerk
/js

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Agenda Item 5

CITY OF YUBA CITY

STAFF REPORT
Date: July 18, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Doug Libby, Deputy Director of Development Services Summary
Subject: Planned Development 18 (PD 18) Zoning District associated with Tentative Subdivision Map (TSM) 23-01, West Walton Village
Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City approving Environmental Assessment (EA) 23-02 by adopting a Mitigated Negative Declaration prepared for Planned Development (PD) 18 and SM 23-01 and rezoning Assessor’s Parcel 58-020-001 to add Planned Development (PD) 18 located on the west side of Walton Avenue approximately 670 feet north of Franklin Road; Assessor’s Parcel Number (APN) 58-020-001, and waive the second reading
Fiscal Impact: The cost for processing land use entitlements is funded by the project applicant through the payment of application fees
Purpose:

To establish Planned Development (PD) 18 associated with the West Walton Village subdivision (SM 23-01).

Council’s Strategic Goal:

This item meets the City Council’s strategic goal of business friendly. Establishing PD 18 provides modified development standards to facilitate the development of West Walton Village subdivision.

Background:

The applicant, Capital Farm and Management Company, filed applications Planned Development (PD) 18 and Tentative Subdivision Map SM 23-01, West Walton Village.

On June 20, 2023, the City Council conducted a public hearing on this item and there was no opposition expressed by the public. By unanimous action, the City Council introduced an ordinance of the City Council of the City of Yuba City approving Environmental Assessment (EA) 23-02 by adopting a Mitigated Negative Declaration prepared for Planned Development (PD) 18 and SM 23-01 and rezoning Assessor’s Parcel 58-020-001 to add Planned Development (PD) 18 located on the west side of Walton Avenue approximately 670 feet north of Franklin Road; Assessor’s Parcel Number (APN) 58-020-001, and waived the first reading.

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On May 31, 2023, the Yuba City Planning Commission conducted a public hearing, and the Planning Commission unanimously:

1. Adopted Resolution PC 23-12 recommending approval of Planned Development (PD) 18 to the City Council together with Environmental Assessment 23-04; and

2. Adopted Resolution PC 23-13 contingently approving SM 23-01; Analysis:

The proposed PD rezone will rezone the property from a Two-Family (R-2) Zone District to the Planned Development (PD 18) Zone District. Rezoning to a PD District will amend the development standards providing for the subdivision (TSM 23-01) of the 9.16-acre property into 66 half-plex (a duplex, with the units divided by a property line) lots, and six single-family residential lots for a total of 72 new residences. The project also proposes four Accessory Dwelling Unit (ADU) residences which are not discussed any further as they are a permitted use on all residential lots (ADU’s are small second residences that are in addition to the primary residence on a lot that are permitted on all residential lots in the state).

Summary of the Planned Development (PD) Zone District:

All development standards in the R-2 Zone District, as amended, apply to these properties, except as provided below:

PD 18 Development & Design Standards
Minimum Lot Size Single-family residential lot – 5,000 square feet.

Half-plex residential lot – 3,000 square feet for interior lots, 3,500 square feet for corner lots.

Maximum Single-family residential lot – 45%.

Percentage Lot
Coverage
Half-plex lot – 60% for single-story, 40% for two story.

Single-family lot – 45 feet, except cul de sac lots and lots on an outside curve shall be 45 feet at the rear of the front yard.

Minimum Lot Width
Half-plex lots – 30 feet.

Minimum Lot Depth 85 feet.

Front - 15 feet, except garages must be 20 feet, except Lot 34 a garage may be 18.5 feet.

Interior Side: Single-family residence – 5 feet
Half-plex – 3 feet, except it is a zero yard
between attached residences.

Street side 10 feet
Minimum Yards
Rear 25 feet or 20% of the total lot depth, whichever
is less.

Lot length to width
ratio
For half-plex lots it shall be a maximum of 3.5/1.

Landscaping Each lot shall have completed front yard landscaping that is approved by the Development Services Director, prior to issuance of a certificate of occupancy.

The PD 18 Zone District is needed instead of the R-2 District because the R-2 District was designed for duplexes and did not provide for half-plexes. That is, the R-2 was designed for duplexes which are two

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residences on a single lot. The R-2 District’s minimum lot size is 6,000 square feet for two attached residences under one ownership. Half-plexes function and look like a duplex but have a property line between the attached residences. The proposed 3,000 square foot minimum lot size is for one of the attached residences and is essentially the same density and look as a duplex but provides homeownership opportunities.

Compatibility with Neighboring Uses:

This project is within a long planned residential area of the City, with existing homes being developed west of the project site. Proposed residential densities are consistent with what was analyzed in both the City’s 2004 Comprehensive General Plan Update and its accompanying Environmental Impact Report (EIR).

Accordingly, this project is compatible and consistent with existing and future planned uses.

BORDERING LAND USES
North: Duplexes.

South: Retail center and small lot single-family
residences.

East: The southern portion of the east side of the
Project has the rear of a retail center
backing onto it; the north half fronts onto
Walton Avenue with a vacant multiplefamily residential designated property across the street.

West: Multiple-family residences (apartments).

The site abuts a mix of existing multiple-family, duplex and single-family residential uses and commercial uses. The 2004 General Plan and zoning have planned this property for duplex/half-plex development for the last 19 years. Duplexes or half-plexes are not out of place within this eclectic area as this level of development is between single-family and multiple family uses. The close proximity of several commercial uses adds to the viability of the area as residents do not need to travel far (enhanced walkability) for the commercial activities that are offered by the nearby businesses, as well as the commercial uses benefiting from additional nearby residences. Land use compatibility is not expected to be an issue.

Traffic:

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 mobile home park on this property which generated traffic onto Walton Avenue when it was built-out. Staff does not anticipate any increase in vehicle traffic to be significant due to preliminary screening where the proposed development is consistent with the existing General Plan density and the proposed peak hour trips are less than 50 trips.

Walton Avenue and the nearest intersections, Walton Avenue/Bridge Street and Walton Avenue/Franklin Road intersections are within acceptable City adopted level of service standards and are not expected to deteriorate from the traffic generated by this project. This project will also provide pedestrian and bicycle improvements on Walton Avenue along the property frontage.

Availability of City services:

All City services are available to the property.

Environmental Considerations:

An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests

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for comment from other responsible or affected agencies and interested organizations.

Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and recommends adoption of a mitigated negative declaration for this project. The findings of the mitigated negative declaration are that, with the proposed mitigations for Cultural Resources, Geology /Soils, Greenhouse Gas Emissions, and Tribal Cultural Resources, the proposed PD/TSM will not create any significant impacts to the neighborhood or vicinity. As a result, the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA.

Fiscal Impact:

The cost for processing land use entitlements is funded by the project applicant fees as adopted by the City Council.

Alternatives:

1. Deny the application to establish PD 18.

2. Provide staff with alternate direction.

Recommendations:

Adopt an Ordinance of the City Council of the City of Yuba City approving Environmental Assessment (EA) 23-02 by adopting a Mitigated Negative Declaration prepared for Planned Development (PD) 18 and SM 23- 01 and rezoning Assessor’s Parcel 58-020-001 to add Planned Development (PD) 18 located on the west side of Walton Avenue approximately 670 feet north of Franklin Road; Assessor’s Parcel Number (APN) 58- 020-001, and waive the second reading.

Attachments:

1. City Council Ordinance approving Environmental Assessment 23-02 and Planned Development No. 18

2. West Walton Village Subdivision Planning Commission Staff Report Packet, May 31, 2023 Prepared By: Submitted By:

Doug Libby
Deputy Director of Development Services
Diana Langley
City Manager

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ATTACHMENT 1

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1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING ENVIRONMENTAL ASSESSMENT (EA) 23-02 BY ADOPTING A

MITIGATED NEGATIVE DECLARATION PREPARED FOR PLANNED
DEVELOPMENT (PD) 18 AND SM 23-01 AND REZONING ASSESSOR’S PARCEL 58-020-001 TO ADD PLANNED DEVELOPMENT (PD) 18 LOCATED ON THE WEST SIDE OF WALTON AVENUE APPROXIMATELY 670 FEET NORTH OF FRANKLIN ROAD; ASSESSOR’S PARCEL NUMBER (APN) 58-020-001.

WHEREAS, the City received an application for Tentative Subdivision Map (TSM) 23-01 and PD 18 to divide 9.16 acres into 66 half-plex residential lots and six single-family residential lots and to develop the property at an overall project density of approximately 8 residences per acre;
WHEREAS, PD 18 will modify certain development standards in the R-2 District in an effort to reduce minimum parcel sizes and other standards. Proposed development standard modifications include allowing for reduced minimum lot sizes of 3,000 square feet and 3,500 square feet for corner lots, reducing minimum required lot widths, yard setbacks, garage setbacks and minimum required distances between buildings on the same lot. The purpose of these modifications is to accommodate a more compact project design as further shown in the PD 18 Zone District (Exhibit A); and
WHEREAS, as a result the following entitlements are being considered for approval:
• Planned Development (PD) 18: which proposes to amend the zone district from TwoFamily Residence (R-2) to Planned Development (PD 18) • Tentative Subdivision Map (TSM) 23-01: which proposes to divide 9.16 acres into 66 half-plex residential lots and six single-family residential lots • Environmental Assessment (EA) 23-02
(collectively “Project”); and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared an Initial Study proposing a Mitigated Negative Declaration (EA 23-02) for the Project; and
WHEREAS, on May 31, 2023, the Planning Commission concurrently conducted a duly noticed public hearing on application TSM 23-01 and PD 18, at which time it received input from City Staff, the applicant; the public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission, after which public testimony was closed; and
WHEREAS, the Planning Commission has reviewed all associated documents prepared for the Project, including those related to application TSM 23-01 and PD 18, and all of the evidence received by the Planning Commission; and
WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission contingently approved the West Walton Subdivision Map (TSM 23-01) by adopting

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2 Resolution PC 23-13 and recommended the City Council of the City of Yuba City adopt an ordinance approving Environmental Assessment EA 23-02, Planned Development 18, with a map included herein as Exhibit B and development standards reflected herein as Exhibit A, by adopting Resolution PC 23-12; and
WHEREAS, on June 20, 2023, the Yuba City Council conducted a duly noticed public hearing on the project, at which time it received input from City Staff; public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the City Council, after which public testimony was closed and this ordinance introduced; and WHEREAS, the City Council of Yuba City considered said recommendations of the Planning Commission on the matter and after review and consideration of the Environmental Assessment, the City Council desires to approve PD 18 as refined and the associated Environmental Assessment (EA) 23-02 adopting a Mitigated Negative Declaration for the project.

NOW, THEREFORE, the City Council of the City of Yuba City does ordain as follows:

1. Recitals. The City Council finds that the recitals are true and correct and incorporates the same herein as if set forth in full.

2. CEQA Findings: The City Council of the City of Yuba City finds that an Environmental Assessment/ Initial Study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. The process included the distribution of requests for comments from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies. While the proposed project could have a potentially significant effect on the environment, based on its independent judgement and analysis the City Council find that feasible mitigation measures or alternatives have been incorporated into the project in order to avoid the effects to a point where clearly no significant effect on the environment will occur. The project-specific mitigation measures included in the project to avoid potentially significant effects are set forth in the attached Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the project specific mitigations imposed, there is no substantial evidence in the record that this project may have significant direct, indirect, or cumulative effects on the environment.

3. Adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Based on the foregoing, the City Council of the City of Yuba City adopts the Mitigated Negative Declaration prepared for the project, including the associated Mitigation Monitoring and Reporting Program as updated, as the project will not result in any significant, adverse environmental impacts with the mitigations proposed. The Yuba City Development Services Department is located at 1201 Civic Center Boulevard, Yuba City, CA 95993, and is recommended to be designated as the custodian of the documents and other materials that constitute the record of the proceedings upon which the decision is based. The City Council authorize the Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for approval of the project that complies with the CEQA Guidelines.

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3 a. The proposal is consistent with the General Plan.

Evidence. The proposed subdivision creating 66 half-plex lots and six single-family residential lots is consistent with General Plan Policy 3.5-I-1, the lot sizes proposed are consistent with the Medium Density Residential General Plan Land Use Designation that provides for a density range of 6-14 dwellings per acre.

The proposed project’s overall density of approximately eight residences per acre is within the established density range. The proposed lot configurations and layout will integrate into the existing street network and surrounding land uses. The proposed subdivision will construct pedestrian facilities that will serve the neighborhood and facilitate a walkable community.
b. The proposal is consistent with the planned surrounding land uses.

Evidence. The proposed lot configurations and layout will integrate into the existing street network and surrounding land uses. The proposed map will will construct pedestrian facilities that will serve the neighborhood and facilitate a walkable community.
c. There are or will be adequate public facilities available to properly serve the development, including streets to adequately handle the anticipated traffic.

Evidence. The site is level and will be served by the full range of City services, or in the case of stormwater drainage, stormwater runoff will be collected by the City’s stormwater system and conveyed to the Gilsizer County Drainage District and ultimately transported to the Feather River. The site will accommodate the proposed density with a circulation pattern that is suitable for the existing street network and surrounding uses and will construct public street improvements to City standards. The environmental document prepared for the project did not find any inadequacies of the property that would provide concerns for the development of the property. d. The quality of the development is as good or better than would be accomplished through traditional zoning and design standards.

Evidence. As discussed in item a) above, this project is consistent with the City’s General Plan goals and policies including the established density range for MDR designated land. The project is conditioned to meet all City development and improvement standards including water, wastewater, stormwater drainage systems, street cross-sections, streetscape landscaping, and park facilities or applicable in-lieu fees. The proposed project will be subject to compliance with the R-2 development standards as amended by the proposed PD 18 Zone District.

5. Approval of Planned Development 18. The City Council hereby approves Planned Development 18 for the West Walton Subdivision, rezoning approximately 9.16 acres located on the west side of Walton Avenue approximately 670 feet north of Franklin Road. Assessor’s Parcel Number (APN) 58-020-001, to add the “PD 18” designation as set forth in Exhibit B, and subject to the development standards as set forth in Exhibit A.

6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of

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4 this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published, in accordance with Government Code, Section 36933, or as otherwise required by law.

8. Effective Date of Resolution. This ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage and adoption.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 20th day of June 2023, and adopted the Ordinance after the second reading at a regular meeting held on the 18th day of July 2023, by the following roll call vote:

Ayes:

Noes:

Absent:

Recused:

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5 CITY OF YUBA CITY
_____________________________
Wade Kirchner, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
_________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit A: Planned Development 18
Exhibit B: Zoning Map
I, ______________________________, Deputy City Clerk of the City of Yuba City, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Yuba City on the date and by the vote indicated herein.

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6 EXHIBIT A

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7 Tentative Subdivision Map 23-01
West Walton Village Planned Development (PD 18) Zone
District
Purpose:

To provide specific land use and development standards for West Walton Village (Tentative Subdivision Map 23-01). This zone district is consistent with the Low-Medium Density Residential (MDR) General Plan Designation.

Applicability:

This PD18 Zone District shall apply to the 9.16-acre property located on the west side of Walton Avenue approximately 670 feet north of Franklin Road. Assessor’s Parcel Number (APN) 058- 020-001, as modified by TSM 23-01.

Permitted Uses.

Tentative Subdivision Map Lots 15, 16, 33, 34, and 47 of Village 1 and Lot 7 of Village 2: A singlefamily residence, and related accessory uses permitted by the R-1 Zone District, as amended are permitted uses, and uses permitted with an approved use permit as described in the R-1 Zone District are permitted if a use permit is first approved. A revision to this PD Zone District must be found consistent with the General Plan.

All other lots: A half-plex (two attached residences divided by a property line through the building) on each of two adjoining lots and related accessory uses permitted in the R-2 Zone District are permitted uses, as amended, and uses permitted with an approved use permit as described in the R-1 Zone District, as amended, are permitted if a use permit is first approved.

Development and Design Standards.

All development standards in the R-2 Zone District, as amended, apply to these properties, except as provided below:

Development & Design Standards
Minimum Lot Size
Single-family residential lot – 5,000 square feet.

Half-plex residential lot – 3,000 square feet for interior lots, 3,500 square feet for corner lots.

Maximum Percentage Lot
Coverage
Single-family residential lot – 45%.

Half-plex lot – 60% for single-story, 40% for two story.

Minimum Lot Width
Single-family lot – 45 feet, accept cul de sac lots and lots on an outside curve shall be 45 feet at the rear of the front yard.

Half-plex lots – 30 feet.

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8 Minimum Lot Depth 85 feet.

Minimum Yards
Front - 15 feet, except garages must be 20 feet, except Lot 34 a garage may be 18.5 feet.

Interior
Side:

Single-family residence – 5 feet
Half-plex – 3 feet, except it is a zero yard
between attached residences.

Street side 10 feet
Rear 25 feet or 20% of the total lot depth,
whichever is less.

Lot length to width ratio For half-plex lots it shall be a maximum of 3.5/1.

Landscaping
Each lot shall have a completed front yard landscaping
that is approved by the Development Services Director,
prior to issuance of a certificate of occupancy.

Prior to sale or occupancy of half plex units, the property owner/developer shall record a master covenant, running with the land, regarding the adjoined half plexes that provides for use of common walls and maintenance, including provisions to allow for reasonable access to the adjoining half plex for repairs or for termite, structure, and other inspections required for transfer or refinancing of property. Additionally, the covenant shall specify the requirement that any exterior repairs or exterior maintenance of a half plex shall be visually consistent and match with the adjoining half plex; inconsistent or different material styles or colors for exterior siding material, paints, treatments, or roofing types are prohibited. Any modifications to the covenant shall first be approved by the City.

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9 EXHIBIT B

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ATTACHMENT 2

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CITY OF YUBA CITY

PLANNING COMMISSION

STAFF REPORT
Date: May 31, 2023
To: Chair and Members of the Planning Commission
From: Development Services Department
Presentation by: Doug Libby, AICP, Deputy Development Services Director Subject: Planned Development 18 (PD 18) and Tentative Subdivision Map (TSM) 23-01, West Walton Village.

Recommendation: A. Conduct a public hearing and make the necessary findings to:

B. Adopt a Resolution recommending the City Council of the City of Yuba City approve Environmental Assessment 23-02 by adopting a Mitigated Negative Declaration, subject to the proposed Conditions of Approval and Mitigation Measures, for Tentative Subdivision Map (TSM) 23-01 and approve Planned Development (PD) 18 Zone District Located on the West Side of Walton Avenue approximately 670 Feet North of Franklin Road; Assessor’s Parcel Number (APN) 58-020-001; and C. Adopt a Resolution contingently approving Tentative Subdivision Map TSM 23-01, West Walton Village, subject to the Conditions of Approval and Mitigation Measures, creating 66 half-plex lots and six SingleFamily Residential lots on approximately 9.16 acres, located on the west side of Walton Avenue approximately 670 feet north of Franklin Road (Assessor’s Parcel Number 058-020-001).

Applicant/Owner: Capital Farm and Management Company, 1227 Bridge Street Project Location: The 9.16 acres are located on the west side of Walton Avenue approximately 670 feet north of Franklin Road. Assessor’s Parcel Number (APN) 58-020-001.

General Plan: The project is within the Medium-Low Density Residential (MDR) land use designation. This designation provides for a residential density of 6 to 14 residences per acre. The proposal will be approximately 8 residences per acre.

Zoning: Existing: The project is within the Two -Family Residential (R-2) Zone District.

Proposed: Planned Development (PD) 18 Zone District

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Planning Commission
May 31, 2022
Item 6
2 Purpose:

Consideration of Tentative Subdivision Map (TSM) 23-01 and Planned Development (PD) 18 for the proposed West Walton Village Subdivision.

Project Description:

The proposed rezoning will be from a Two-Family (R-2) Zone District to the Planned Development (PD 18) Zone District. The rezoning to a PD District will amend the development standards providing for the subdivision (TSM 23-01) of the 9.16-acre property into 66 half-plex (a duplex, with the units divided by a property line) lots, and six single-family residential lots for a total of 72 new residences. The project also proposes four Accessory Dwelling Unit (ADU) residences which are not discussed any further as they are a permitted use on all residential lots (ADU’s are small second residences that are in addition to the primary residence on a lot that are permitted on all residential lots in the state).

Summary of the Planned Development (PD) Zone District:

All development standards in the R-2 Zone District, as amended, apply to these properties, except as provided below:

PD 18 Development & Design Standards
Minimum Lot Size
Single-family residential lot – 5,000 square feet.

Half-plex residential lot – 3,000 square feet for interior lots, 3,500 square feet for corner lots.

Maximum
Percentage Lot
Coverage
Single-family residential lot – 45%.

Half-plex lot – 60% for single-story, 40% for two story.

Minimum Lot
Width
Single-family lot – 45 feet, except cul de sac lots and lots on an outside curve shall be 45 feet at the rear of the front yard.

Half-plex lots – 30 feet.

Minimum Lot
Depth 85 feet.

Minimum Yards
Front - 15 feet, except garages must be 20 feet, except Lot 34 a garage may be 18.5 feet.

Interior Side:

Single-family residence – 5 feet
Half-plex – 3 feet, except it is a zero yard
between attached residences.

Street side 10 feet
Rear 25 feet or 20% of the total lot depth,
whichever is less.

Lot length to
width ratio For half-plex lots it shall be a maximum of 3.5/1.

Landscaping
Each lot shall have completed front yard landscaping that is approved by the Development Services Director, prior to issuance of a certificate of occupancy.

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Planning Commission
May 31, 2022
Item 6
3 Background:

Since at least the adoption of the 2004 General Plan, this 9.16-acre site has been designated for medium density residential development, which provides for a residential density range of 6-14 residences per acre. The property was previously utilized as a mobile home park, but the property has since been cleared of all structures and vegetation. This subdivision to create half-plex lots will be of a similar density to a mobile home park. As this is an infill project that is surrounded by urban development, all City services are available to this property.

Analysis
PD Zone District:

The PD 18 Zone District is needed instead of the R-2 Zone District because the R-2 District was designed for duplexes and did not provide for half-plexes. That is, the R-2 was designed for duplexes which are two residences on a single lot. The R-2 minimum lot size is 6,000 square feet for two attached residences. Half-plexes function and look the same as a duplex but there is a property line between the attached residences, so the proposal for minimum 3,000 square foot lot sizes is for one of the attached residences. This is essentially the same density and look as duplexes in the R-2 Zone District, but provides more homeownership opportunities.

Compatibility with neighboring uses:

TABLE 1: BORDERING LAND USES
North: Duplexes.

South: Retail center and small lot single-family residences.

East: The southern portion of the east side of the Project has the rear of a retail center backing onto it; the north half fronts onto Walton Avenue with a vacant multiple-family residential designated property across the street.

West: Multiple-family residences (apartments).

The site abuts a mix of multiple-family, duplex and single-family residential uses and commercial uses. The 2004 General Plan and zoning have planned this property for duplex/half-plex development for the last 19 years. Duplexes or halfplexes are not out of place within this eclectic area as their level impacts due to their density and use is between singlefamily and multiple-family uses. The close proximity of several commercial uses adds to the viability of the area as residents do not need to travel far (enhanced walkability) for the commercial activities that are offered by the nearby businesses, as well as the commercial uses benefiting from additional nearby residences. Land use compatibility is not expected to be an issue.

Traffic:

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 mobile home park on this property which generated similar amounts of traffic onto Walton Avenue. As such, any increase in auto traffic will not be significant. Walton Avenue and the

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Planning Commission
May 31, 2022
Item 6
4 nearest intersections, Walton Avenue/Bridge Street and Walton Avenue/Franklin Road intersections are within acceptable City adopted level of service standards which is not expected to deteriorate from the traffic generated by this proposal. This Project will also be providing all pedestrian and bicycle improvements onto Walton Avenue.

Availability of City services:

All City services are available to the property.

Environmental Considerations:

Recommended Actions:

A. Conduct a public hearing and make the necessary findings to:

B. Adopt a Resolution recommending the City Council of the City of Yuba City approve Environmental Assessment 23-02 by adopting a Mitigated Negative Declaration, subject to the proposed Conditions of Approval and Mitigation Measures, for Tentative Subdivision Map (TSM) 23-01 and approve Planned Development (PD) 18 Zone District Located on the West Side of Walton Avenue approximately 670 Feet North of Franklin Road; Assessor’s Parcel Number (APN) 58-020-001; and
C. Adopt a Resolution contingently approving Tentative Subdivision Map TSM 23-01, West Walton Village, subject to the Conditions of Approval and Mitigation Measures, creating 66 half-plex lots and six Single-Family Residential lots on approximately 9.16 acres, located on the west side of Walton Avenue approximately 670 feet north of Franklin Road (Assessor’s Parcel Number 058-020-001).

Attachments:

1. Planning Commission Resolution (PD 18)
Exhibit A: Planned Development 18
Exhibit B: Planned Development 18 Zoning Map

2. Planning Commission Resolution (TSM 23-01)
Exhibit A: Proposed Tentative Subdivision Map 23-01

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Planning Commission
May 31, 2022
Item 6
5 Exhibit B: Conditions of Approval and Mitigation Measures

3. Location Map – West Walton Village

4. Environmental Assessment 23-02, and the Mitigation Monitoring and Reporting Program

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ATTACHMENT 1

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1 PC 23-12
PLANNING COMMISSION RESOLUTION NO. PC 23-12

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF YUBA CITY (PLANNING COMMISSION) RECOMMENDING THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVE ENVIRONMENTAL ASSESSEMENT 23-02 BY

ADOPTING A MITIGATED NEGATIVE DECLARATION, SUBJECT TO THE

CONDITIONS OF APPROVAL AND MITIGATION MEASURES, FOR TENTATIVE SUBDIVISON MAP (TSM) 23-01 AND APPROVE PLANNED DEVELOPMENT (PD 18) ZONE DISTRICT LOCATED ON THE WEST SIDE OF WALTON AVENUE APPROIXIMATELY 670 FEET NORTH OF FRANKLIN ROAD; ASSESSOR’S PARCEL NUMBER (APN) 58-020-001.

WHEREAS, Interwest Homes Corporation has filed application TSM 23-01 and PD 18 to divide 9.16 acres into 66 half-plex residential lots and six single-family residential lots and to develop the property at an overall project density of approximately 8 residences per acre; and WHEREAS, PD 18 will modify certain development standards in the R-2 District in an effort to reduce minimum parcel sizes and other standards. Proposed development standard modifications include allowing for reduced minimum lot sizes of 3,000 square feet and 3,500 square feet for corner lots, reducing minimum required lot widths, yard setbacks, garage setbacks and minimum required distances between buildings on the same lot. The purpose of these modifications is to accommodate a more compact project design as further shown in the PD 18 Zone District (Exhibit A); and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared an Initial Study proposing a Mitigated Negative Declaration (EA 23-02) for the Project; and
WHEREAS, on May 31, 2023, the Planning Commission concurrently conducted a duly noticed public hearing on application TSM 23-01 and PD 18, at which time it received input from City Staff, the applicant; the public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission, after which public testimony was closed; and
WHEREAS, the Planning Commission has reviewed all associated documents prepared for the Project, including those related to application TSM 23-01 and PD18, and all of the evidence received by the Planning Commission; and
WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission recommends the City Council of the City of Yuba City approve EA 23-02 and adopt an ordinance approving PD 18.

NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Yuba City as follows:

1. Recitals. The Planning Commission hereby specifically finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

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2 PC 23-12

2. CEQA Findings. The Planning Commission finds and determines, and recommends that the City Council find and determine, that there is no substantial evidence in the record that Planned Development (PD) 18 may have a significant effect on the environment as identified by the MND prepared in Environmental Assessment EA 23-02. Additionally, the Planning Commission recommends that the City Council find and determine as follows:
a. The Planning Commission recommends that the City Council find that an environmental assessment/ initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. The process included the distribution of requests for comments from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies. While the proposed project could have a potentially significant effect on the environment, based on its independent judgement and analysis the Planning Commission recommends the City Council find that feasible mitigation measures or alternatives have been incorporated into the project in order to avoid the effects to a point where clearly no significant effect on the environment will occur. The projectspecific mitigation measures included in the project to avoid potentially significant effects are set forth in the attached Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the project specific mitigations imposed, there is no substantial evidence in the record that this project may have significant direct, indirect, or cumulative effects on the environment.

3. Adoption of the MND and Mitigation Monitoring and Reporting Program. Based on the foregoing, the Planning Commission recommends the City Council adopt the Mitigated Negative Declaration prepared for the project, including the associated Mitigation Monitoring and Reporting Program, as the project will not result in any significant, adverse environmental impacts with the mitigations proposed. The Yuba City Development Services Department is located at 1201 Civic Center Boulevard, Yuba City, CA 95993, and is recommended to be designated as the custodian of the documents and other materials that constitute the record of the proceedings upon which the decision is based. The Planning Commission further recommends the City Council authorize the Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for approval of the project that complies with the CEQA Guidelines.

4. Planned Development Findings. Yuba City Municipal Code Section 8-5.2706 requires that the City make the following findings in order to approve a Planned Development (the required findings are in italics). The Planning Commission recommends that the City Council make the following findings:
a. The proposal is consistent with the General Plan.

The proposed project’s overall density of approximately eight residences per acre is

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3 PC 23-12
within the established density range. The proposed lot configurations and layout will integrate into the existing street network and surrounding land uses. The proposed subdivision will construct pedestrian facilities that will serve the neighborhood and facilitate a walkable community.
b. The proposal is consistent with the planned surrounding land uses.

5. Recommendation of Approval of Planned Development 18. Based on the information provided above, the Planning Commission recommends to the City Council of Yuba City adoption of an ordinance approving PD 18 Zone Disrict, as provided in Exhibits A and B made a part hereof by this reference.

6. Effective Date of Resolution. This Resolution shall become effective immediately.

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4 PC 23-12
The foregoing resolution was introduced at the regular meeting of the Planning Commission held on May 31, 2023, by Commissioner _______ who moved its adoption, which motion was seconded by Commissioner _______ and carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

By order of the Planning Commission of the City of Yuba City.

Jackie Sillman, Planning Commission Chair
ATTEST:

Benjamin Moody, Secretary to the Planning Commission
Attachments:

Exhibit A: Planned Development 18
Exhibit B: Planned Development 18 Zoning Map

Page 45 of 473 ends

EXHIBIT A

Page 46 of 473 ends

1 Tentative Subdivision Map 23-01
West Walton Village Planned Development (PD 18) Zone District Purpose:

Applicability:

Permitted Uses.

Tentative Subdivision Map Lots 15, 16, 33, 34, and 47 of Village 1 and Lot 7 of Village 2: A single-family residence, and related accessory uses permitted by the R-1 Zone District, as amended are permitted uses, and uses permitted with an approved use permit as described in the R-1 Zone District are permitted if a use permit is first approved. A revision to this PD Zone District must be found consistent with the General Plan.

Development and Design Standards.

All development standards in the R-2 Zone District, as amended, apply to these properties, except as provided below:

Development & Design Standards
Minimum Lot Size
Single-family residential lot – 5,000 square feet.

Half-plex residential lot – 3,000 square feet for interior lots, 3,500 square feet for corner lots.

Maximum Percentage Lot
Coverage
Single-family residential lot – 45%.

Half-plex lot – 60% for single-story, 40% for two story.

Minimum Lot Width
Single-family lot – 45 feet, accept cul de sac lots and lots on an outside curve shall be 45 feet at the rear of the front yard.

Half-plex lots – 30 feet.

Minimum Lot Depth 85 feet.

Page 47 of 473 ends

2 Minimum Yards
Front - 15 feet, except garages must be 20 feet, except Lot 34 a garage may be 18.5 feet.

Interior Side:

Single-family residence – 5 feet
Half-plex – 3 feet, except it is a zero yard
between attached residences.

Street side 10 feet
Rear 25 feet or 20% of the total lot depth,
whichever is less.

Lot length to width ratio For half-plex lots it shall be a maximum of 3.5/1.

Landscaping
Each lot shall have a completed front yard landscaping that is approved by the Development Services Director, prior to issuance of a certificate of occupancy.

Page 48 of 473 ends

EXHIBIT B

Page 49 of 473 ends

R-2
R-1
R-1 R-3
R-3 R-2
R-2
R-1 R-1
C-2 PD C-3
C-2
PD R-1
C-2
R-2
C-1

FRANKLIN RD
N
WA
LT
O
N
AV
E

ANNEKA LN

NEIL DR

WILDFLOWER CIR T
H
A
R
P
R
D
P
O
P
P
Y
L
N

THARP RD
West Walton Village
Project Site
R-2
R-1
R-1 R-3
R-3 R-2
R-2
R-1 R-1
C-2 PD C-3
C-2
PD R-1
C-2
R-2
C-1

FRANKLIN RD
N
WA
LT
O
N
AV
E

ANNEKA LN

NEIL DR

WILDFLOWER CIR T
H
A
R
P
R
D
P
O
P
P
Y
L
N

THARP RD
Zoning Map | TSM 23-01, PD 18
I!
PD 18 R-2 Project Site
Existing Zoning
Proposed Zoning

Page 50 of 473 ends

ATTACHMENT 2

Page 51 of 473 ends

PC 23-13 1
PLANNING COMMISSION RESOLUTION NO. PC 23-13

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF YUBA CITY (PLANNING COMMISSION) CONTINGENTLY APPROVING TENTATIVE
SUBDIVISION MAP (TSM) 23-01, WEST WALTON VILLAGE, SUBJECT TO THE CONDITIONS OF APPROVAL AND MITIGATION MEASURES, CREATING 66

HALF-PLEX LOTS AND SIX SINGLE-FAMILY RESIDENTIAL LOTS ON APPROXIMATELY 9.16 ACRES, LOCATED ON THE WEST SIDE OF WALTON AVENUE APPROXIMATELY 670 FEET NORTH OF FRANKLIN ROAD
(ASSESSOR’S PARCEL NUMBER 058-020-001).

WHEREAS, the City received an application for this property in January 2023 for TSM 23- 01, West Walton Village, to subdivide the 9.16-acre parcel into 66 half-plex lots and six singlefamily residential lots, totaling 72 new residences, as well as a rezoning to a Planned Development (PD 18) Zone District. The new development will be provided full City services; and WHEREAS, this property is within Yuba City’s city limits and the property owner wished to develop their property to urban levels; and
WHEREAS, there is also a rezoning to Planned Development Zone District that is needed since the existing R-2 Zone District does not provide appropriate minimum lot sizes for halfplexes, which must be approved by the City Council in order for this subdivision to be approved; and
WHEREAS, the Planning Commission reviewed related Environmental Assessment 23- 02 considering a Mitigated Negative Declaration (MND) prepared for the project, which provided mitigations that reduce significant impacts to less than significant; and WHEREAS, a review of the General Plan and Zoning Regulations determined that the proposed PD/TSM is consistent with the elements of the General Plan and the Zoning Regulations, provided the PD is approved; and
WHEREAS, the City on May 11, 2023, published a legal notice and a public hearing notice was mailed to each property owner within at least 300 feet of the project site in compliance with State law concerning the Planning Commission’s consideration on May 31, 2023; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 31, 2023 and considered all of the project and environmental information presented by staff, public testimony, and all of the background information; and
WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission now desires to contingently approve TSM 23-01 such that no decision of approval of TSM 23-01 becomes final and effective until immediately after the City Council adopts the MND (EA 23-02) and approves Planned Development 18; and if no such approval occurs within 180 days of the adoption of this Resolution, then the Planning Commission intends that TSM 23-01 be set for further consideration and a final decision by the Planning Commission.

NOW, THEREFORE, BE IT RESOLVED the Planning Commission resolves and orders as follows:

Page 52 of 473 ends

PC 23-13 2

1. Recitals. The Planning Commission finds that the recitals are true and correct, and incorporates the same herein as set forth in full.

2. CEQA Findings. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, has analyzed the proposed Project and has prepared a Mitigated Negative Declaration (MND) to evaluate the environmental effects of the Project, including the development of the West Walton Village. The Planning Commission has fully considered the MND and has concurrently recommended it to the City Council for adoption. The Planning Commission finds that TSM 23-01 is consistent with, and have been fully assessed by, the MND, and that TSM 23-01 is an entitlement specifically anticipated for the proposed Project in the MND, and is consistent with the purposes and intent of the MND.

3. Subdivision Map Findings. None of the findings required by Yuba City Municipal Code Section 8-2.609, and the California Subdivision Map Act Section 66474 that require the City to deny approval of a tentative map apply to this project:
i. The proposed tentative subdivision map is not consistent with the applicable general plan and specific plan.

Evidence: The property is designated in the General Plan as Medium-Low Density Residential. This designation provides for a gross residential density range of 6 to 14 residences per acre. This proposal will have a residential density of approximately 8 residences per acre, which is well within the General Plan density range provided in the Land Use Element.

Walton Avenue is designated in the General Plan as a major arterial. With the traffic generated by this subdivision, Walton Avenue will remain within an acceptable level of service and meets City roadway and intersection standards.

The proposed 72 new residential lots are consistent with the Housing Element’s call for more housing. The project is not within a specific plan.

As determined in the mitigated negative declaration prepared for the subdivision, with the accompanying mitigation measures, there are no significant impacts on any agricultural land, biological resources, water quality, and air quality; the project will be paying its fair share (development impact fees) for local parks. Thus, the project is consistent with the Environmental Conservation Element of the General Plan. ii. The design and improvement of the tentative subdivision map is not consistent with applicable general and specific plans or adopted City standards.

Evidence: As discussed above, this half-plex and single-family residential land division meets all General Plan consistency requirements. Further, the project is conditioned to meet all City development and improvement standards including water, wastewater and the stormwater drainage system, street cross-sections, streetscape landscaping, and parks. Each new residential lot meets the minimum lot size requirements of the PD18 Zone District applied to the property.
iii. That the site is not physically suited for the density of development.

Page 53 of 473 ends

PC 23-13 3
Evidence: The site is flat and has all City services available to it. The environmental document prepared for the project did not find any environmental concerns that could not be mitigated to below a level of significance or were there inadequacies of the property that would provide concerns for its proposed development. iv. That the site is not physically suited for the type of development.

Evidence: The site is suited for this development. The proposed residential land division is located on vacant flat ground with all City services available to it and it has good access from Walton Avenue. The property is designated by the General Plan for half-plex and single-family residential development, which is what is proposed. v. That the design of the subdivision map or likely improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Evidence: Based on the mitigated negative declaration prepared for this project and the accompanying mitigation measures, the project will not create any significant environmental impacts, including adverse impacts on fish and wildlife. vi. That the design of the subdivision maps or the type of improvements is likely to cause serious public health problems.

Evidence: Every new lot will be connected to City water, wastewater, and stormwater drainage systems, which will avoid public health problems. vii. None of the findings in Section 6-9.601 of the Municipal Code is satisfied.

Evidence: This project complies with this finding as the Sutter Butte Flood Control Agency (SBFCA) is the “Local Flood Management Agency” for the Sutter-Butte Basin and as such, has the responsibility to prepare an annual report demonstrating adequate progress as defined in California Government Code Section 645007 (a). SBFCA has prepared Adequate Progress Report Updates for ULOP and transmitted them to the Central Valley Flood Protection Board. As such this site has adequate flood protection.

Additionally, the City has imposed conditions on the Development Plan that will protect property within the area to the urban level in urban areas and urbanizing areas. viii. That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

Evidence: The subdivision will be served by Walton Avenue which is a public street dedicated for public use. There are no known existing easements that will be adversely affected by this subdivision.

4. Approval of TSM 23-01 with Conditions. Based on the aforementioned findings, the Planning Commission hereby approves Tentative Subdivision Map 23-01, West Walton Village, as shown in Exhibit A, subject to the conditions of approval and mitigation measures set forth in Exhibit B, attached hereto, contingent upon the following:

Page 54 of 473 ends

PC 23-13 4
a. The approval TSM 23-01 shall become final and effective immediately only after the City Council of Yuba City i) adopts the Mitigated Negative Declaration (EA 23- 02) and ii) approves Planned Development 18 (collectively “Council Approvals”).

If all of the Council Approvals are not made within 180 days of the adoption of this Resolution, then TSM 23-01 shall be returned to the Planning Commission for further consideration and a final decision. If Council Approvals are made within 180 days of the adoption of this Resolution, but any change is made by the Council to any of the Council Approvals in a manner that could reasonably affect the findings of the Planning Commission hearing, or require a modification or addition of a condition of approval to be consistent with a Council Approval, then TSM 23- 01 shall be returned to the Planning Commission for further consideration and a final decision.

5. Final Action and Appeals. This action shall become final and effective 10 days after, and only upon, the Council Approvals including the MND and adoption of the Planned Development unless within such 10 days an appeal is filed with the City Clerk in accordance with the provisions of the Yuba City Zoning Ordinance.

The foregoing resolution was introduced at the regular meeting of the Planning Commission held on May 31, 2023, by Commissioner _______ who moved its adoption, which motion was seconded by Commissioner _______ and carried by the following vote:

Ayes:

Noes:

Absent:

Recused:

By order of the Planning Commission of the City of Yuba City.

Jackie Sillman, Planning Commission Chair
ATTEST:

Benjamin Moody, Secretary to the Planning Commission
Attachments:

Exhibit A: Tentative Subdivision Map 23-01
Exhibit B: Conditions of Approval and Mitigation Measures

Page 55 of 473 ends

EXHIBIT A

Page 56 of 473 ends

1 1
2 105.0'
105.0'
105.0'
105.0'
105.0'
110.8'
114.2'
110.0'
110.0'
109.3'
109.7'

90.3'

50.0'

88.7'
110.0'
110.0'
110.0'
110.0'

50.0'
111.6'

91.0'
154.0'
149.7'
150.8'
112.2'
165.6'

73.1' 66.8'
140.0'

49.0' 43.9' 68.0' 24.1'

68.1'
100.2'

51.2'

77.0' 86.5'

73.1'
108.0'
103.0'
110.0'
110.0'
110.0'
110.0'
110.0'
110.0'

92.2'
207.3'
145.0'

MOHAN DRIVE

MOHINDER DRIVE

NORTH WALTON AVENUE

JUNIOR SARB WAY HARMON COURT

CALIF HUMAN DEV
058-020-014
058-110-019

KAHLON TR
SINGH
058-110-017

BLUMHAGEN
058-110-018

BENNETT

SCHADEL
058-110-016
058-110-015

JEBRINI
058-110-037

CATLEDGE
058-110-036

SEAGRAVES
058-110-035
FLORES
058-110-038
JOSE
058-110-041

LAKHANPAL
058-110-040

GONZALEZ
058-110-039

MANN REV TR
058-110-042
SINGH
058-200-012

SANDERS
058-020-002
ZAMORA
058-020-003
BAINS
058-020-022
BAINS
058-020-023
058-200-011

CERVANTES
KUMAR
058-200-010
SOHAL
058-200-013
SOHAL

HARTMANN
058-200-014
058-200-009
KAUR
058-200-015
058-120-001

CROWN DEV

26.2'

15.7' 9.9'
5 4
3 2

34.0' 34.0' 34.0' 34.0'

34.0' 34.0' 34.0' 34.0' 34.0' 34.0' 34.0' 34.0' 34.0'
110.0'
110.0' 54 55 56 57 58 59 50 51 52 53
10 9
8 7
6 13 12 11 14
15 16
17 18
19 93.4'

34.0' 34.0' 34.0' 34.0'
27 ADU*
28 29
ADU*
30 31
ADU*
32 33
110.0'
110.0'

34.0' 34.0' 34.0' 34.0' 34.0'
40 39 38 37 36 35 44 43 42 41

34.0' 34.0' 34.0' 34.0' 34.0' 34.0' 34.0' 34.0'

34.0' 34.0' 34.0' 34.0' 34.0' 34.0' 34.0' 34.0' 34.0' 34.0' 32.4' 105.0'
20 21
22 2324
1 2
3 4
5 6
7 8
ADU*
9 10
ADU*
11 1213
25 26
49 48
47 46
45 52.0' 34.0' 34.0' 50.0'

30.8' 34.0' 34.0' 31.2' 109.0' 110.0' 110.0'

34.0' 34.0' 34.0' 34.0'

13.7' 110.0'

34.0' 34.0' 34.0' 34.0' 34.0' 34.0' 34.0' 34.0' 34.0' 34.0' 34.0'

34.0' 34.0' 34.0' 31.2'

52.0' 34.0' 111.6'

34.0' 34.0'
106.0'
111.9'
165.6'
101.9' 63.7'

34.0'
104.1'

34.0' 34.0' 34.0'

39.7'
110.0' 39.7'
110.0'

40.8'

34.0'
110.0'
110.0'

34.0' 34.0' 34.0' 34.0' 110.0' 110.0'

34.0' 34.0' 34.0' 34.0' 34.0' 109.0'
105.0'
105.0'
105.0'

45.1'
105.0'
105.0'
105.0'

34.0' 34.0' 34.0' 34.1' 34.1'
107.5'
105.0'
105.0'
105.0'
105.0'
105.0'
105.0'
105.6'
110.7'
112.4'
159.5'

55.7' 34
153.1'

30.1'

20.3'

34.2' 34.0' 34.0' 34.0' 34.0' 34.0'
110.1'
113.5'

27.4'

37.7' 43.7' 3.8'

26.7'

84.8' 85.2'

25.4'

88.3'

35.5'
108.0'

MOHAN DRIVE

MOHINDER DRIVE NORTH WALTON AVENUE

JUNIOR SARB WAY HARMON COURT
0 15' 30' 60' 120'
LOT SUMMARY*
VILLAGE NO. 1 = 59 LOTS + 3 ADU 7.26 AC 8.54 DU/ACVILLAGE NO. 2 = 13 LOTS + 2 ADU 1.64 AC 9.15 DU/AC SUBTOTAL = 72 LOTS + 5 ADU 8.90 AC 8.65 DU/AC
(RESIDENTIAL)
NORTH WALTON AVENUE 0.61 AC
SUBTOTAL = 0.61 AC
(ROADWAY)
TOTAL = 9.51 AC
* VILLAGE NO. 1 HAS 54 HALF-PLEX (OR 27 DUPLEX) LOTS PLUS 3 ADU AND 5 SINGLE FAMILY DETACHED HOMES FOR A TOTAL OF 62
DWELLING UNITS. A PLANNED UNIT DEVELOPMENT.
* VILLAGE NO. 2 HAS 12 HALF-PLEX (OR 6 DUPLEX) LOTS PLUS 2 ADU AND 1 SINGLE FAMILY DETACHED HOMES FOR TOTAL OF 15
DWELLING UNITS. A PLANNED UNIT DEVELOPMENT.

LAND USE SUMMARY LEGAL DESCRIPTION (EXISTING PARCELS):

THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,COUNTY OF SUTTER, CITY OF YUBA CITY, DESCRIBED AS FOLLOWS:

A PORTION OF LOT 7 AS SHOWN ON THAT CERTAIN MAP ENTITLED ,"THE SUB. OF THE SW 1/4 OF SEC 21, T. 15 N., R, 3 E,, M.D.M.”, FILED IN THE OFFICE OF THECOUNTY RECORDER OF SUTTER COUNTY, CALIFORNIA, ON DECEMBER 1, 1913, IN BOOK 3 OF SURVEYS, PAGE 4, AND MORE PARTICULARLY DESCRIBED ASFOLLOWS; COMMENCING AT A POINT ON THE EAST LINE OF SAID LOT 7, A DISTANCE OF 601.6 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT; THENCE WEST ANDPARALLEL WITH THE SOUTH LINE OF SAID LOT, 150 FEET; THENCE SOUTH ANDPARALLEL WITH THE EAST LINE OF SAID LOT, 100 FEET TO A POINT IN THE NORTHLINE OF THE LANDS OF CHARLOTTE B. WHITE AS DESCRIBED IN THE DEED FROMROSS T. HURST, ET UX, DATED MAY 4, 1938, AND RECORDED MAY 5, 1938, IN BOOK 114 OF OFFICIAL RECORDS, PAGE 179; THENCE WEST ALONG THE NORTH LINE OF THE WHITE LANDS, 161 FEET TO THE NORTHWEST CORNER OF THE WHITE LANDS AS DESCRIBED IN THE ABOVE MENTIONED DEED; THENCE SOUTH ALONG THEWEST LINE OF SAID WHITE LANDS AND PARALLEL WITH THE EAST LINE OF SAIDLOT 7, A DISTANCE OF 140 FEET TO A POINT IN THE NORTH LINE OF THE SOUTH 5-1/2 ACRES OF LOT 7, SAID NORTH LINE BEING 361.8 FEET NORTH OF THE SOUTH LINE OF SAID LOT; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTH 5-1/2ACRES AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 7, A DISTANCE OF 351.575 FEET, MORE OR LESS, TO A POINT IN THE WEST LINE OF SAID LOT 7;THENCE NORTH ALONG THE WEST LINE OF SAID LOT, 690.53 FEET, MORE OR LESS,TO THE NORTHWEST CORNER THEREOF; THENCE EAST ALONG THE NORTH LINEOF SAID LOT, 662.275 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT, 450.53 FEET TO THE POINT OF BEGINNING.

Exp. 12-31-24
No. C52593
N
A
S
REGIST
M
E
RNAES
STAT
ERED
P
CI V I
. MI

OF COFES
IA
L
RD
A

LI FORN
IONAL

ENGINEER
SCALE 1' = 30'

LOCATION MAP

FIRE PROTECTION

SERVICE AREA G - CITY OF YUBA CITY

FIRE DEPARTMENTLAW ENFORCEMENT

CITY OF YUBA CITY POLICE

SANITARY SEWER

CITY OF YUBA CITY PUBLIC WORKS

DOMESTIC WATER

CITY OF YUBA CITY PUBLIC WORKS

STORM DRAINAGE

CITY OF YUBA CITY PUBLIC WORKS

AND GILSIZER DRAINAGE DISTRICT

ELECTRICITY

PACIFIC GAS AND ELECTRICNATURAL GAS (OPTIONAL)PACIFIC GAS AND ELECTRIC

COMMUNICATION

AT&T AND COMCAST

CABLE (OPTIONAL)COMCAST

PROJECT NOTES
GENERAL NOTES:

1. SUBDIVIDER RESERVES THE RIGHT TO PHASE DEVELOPMENT AND FILE MULTIPLE FINAL MAPS PURSUANT TO SECTION 66456.1 (A) OF THE SUBDIVISION MAP ACT. THIS PROJECT COULD BE 1 TO 3 PHASES.

2. A 12.0 FOOT PUBLIC UTILITY EASEMENT SHALL BE LOCATED PROVIDED ON ALL STREETS WITH 10 FEET BEHIND SIDEWALK AND

2.0 FEET LOCATED UNDER SIDEWALK. ADJACENT TO CUL-DE-SAC BULBS THE PUBLIC UTILITY EASEMENT SHALL BE 10 FEETBEHIND SIDEWALK UNLESS OTHERWISE DIRECTED BY THE CITY ENGINEER.

3. THIS EXHIBIT IS FOR TENTATIVE MAP PURPOSES ONLY, ACTUAL DIMENSIONS, ROAD ALIGNMENTS, ACREAGE, AND YIELDS ARE TO BE VERIFIED PRIOR TO FINAL MAP.

4. THIS IS AN APPLICATION FOR A TENTATIVE SUBDIVISION MAP AND PLANNED UNIT DEVELOPMENT (PUD).

5. VILLAGE NUMBERING IS FOR IDENTIFICATION PURPOSES ONLY AND DOES NOT INDICATE PHASING ORDER OF DEVELOPMENT.

ULTIMATE DEVELOPMENT PHASING WILL BE ORDERLY AND WILL BE DETERMINED AT FINAL MAP AND/OR IMPROVEMENT PLAN STAGE. TWO POTENTIAL PHASES ARE SHOWN BUT DEVELOPER RESERVES RIGHT TO RECORD WITH MORE OR LESS.

6. ALL EXISTING STRUCTURES, SEPTIC TANKS, AND WELLS TO BE REMOVED OR DESTROYED PRIOR TO CONSTRUCTION.7. STREET TREES SHALL BE PLANTED PURSUANT TO CITY OF YUBA CITY STANDARDS. ADDITIONAL DETAIL SHALL BE PROVIDED ON THE IMPROVEMENT PLANS.

8. THE TENTATIVE MAP INCLUDES 66 HALF-PLEX LOTS. THE DEVELOPER RESERVES THE RIGHT TO RECORD A FINAL MAP WITH 66 HALF-PLEX LOTS OR 33 THE DUPLEX LOTS OR ANY COMBINATION. THERE WOULD STILL BE 4 ADU MINIMUM.

9. VILLAGE 1 LOT 34 SHALL HAVE ATTACHED SIDEWALK. THE HOUSE CAN FACE EITHER NORTH WALTON AVENUE OR TAHOE DRIVE BUT SHALL NOT HAVE DRIVEWAY ONTO WALTON AVENUE.

10. A STORMCEPTOR OR EQUAL WILL BE USED AT THE LAST MANHOLE PRIOR TO CONNECTING TO EXISTING STORM DRAIN.11. OWNERS, APPLICANT, ENGINEER, AND SURVEYOR SHALL RECEIVE ANY COMMUNICATIONS AND/OR NOTICES RELATED TO THIS PROJECT. MHM INC, SEAN MINARD, IS THE ENGINEER AND SURVEYOR OF RECORD FOR THE TENTATIVE MAP.

EXISTING USE

ABANDONED MOBILE HOME PARK AND HOME

EXISTING GENERAL PLAN DESIGNATIONLOW-MEDIUM DENSITY RESIDENTIALPROPOSED GENERAL PLAN DESIGNATIONLOW-MEDIUM DENSITY RESIDENTIALEXISTING ZONING R-2

PROPOSED ZONING
R-2 PDLEVEE PROTECTION
LEVEE DISTRICT NO. 9 OF SUTTER COUNTYELEMENTARTY SCHOOL DISTRICT

YUBA CITY UNIFIED SCHOOL DISTRICT

HIGH SCHOOL DISTRICT

YUBA CITY UNIFIED SCHOOL DISTRICT

IRRIGATION DISTRICT

NONE - INDIVIDUAL WATER WELLS
OWNERCAPITAL FARM & MANAGEMENT CO.
1227 BRIDGE STREET
YUBA CITY, CA 95993
CONTACT: SARBJIT THIARA
PHONE: (530) 682-5861

APPLICANT
CAPITAL FARM & MANAGEMENT CO.
1227 BRIDGE STREET
YUBA CITY, CA 95993
CONTACT: SARBJIT THIARA
PHONE: (530) 682-5861ENGINEER/SURVEYORMHM INCORPORATED
1204 E STREET, P.O. BOX B
MARYSVILLE, CA 95901
CONTACT: SEAN MINARD, P.E., P.L.S.

PHONE: (530) 742-6485
ASSESSOR'S PARCEL NO.APN 058-020-001 (9.16 AC)AREA OF TENTATIVE MAP

9.16 GROSS ACRE
SURVEYORS STATEMENT:

I HEREBY STATE THAT ALL EASEMENTS OF RECORD

ARE SHOWN AND LABELED PER PRELIMINARY

TITLE REPORT BY PLACER TITLE COMPANY ORDER
NUMBER P-580404 DATED NOVEMBER 4, 2022.

SEAN MINARD, P.E. 52593, P.L.S. 8397
TEL: 530.742.6485
FAX: 530.742.5639
1204 E STREET, P.O. BOX B
MARYSVILLE, CA 95901
ENGINEERS & SURVEYORS SINCE 1892
JANUARY 2, 2023 REVISED MAY 19, 2023

YUBA CITY, CALIFORNIA

TENTATIVE SUBDIVISION MAP
WEST WALTON VILLAGE - SM 23-001
2INDICATES PROPOSED PHASE CITY OF YUBA CITY APPROVAL:

THE CITY OF YUBA CITY PLANNING COMMISSION HAS CONSIDERED AND APPROVED RESOLUTION 23-0XX APPROVING TENTATIVE SUBDIVISION MAP NO. 2023-001 DURING THE PLANNING COMMISSION MEETING ON ______________, 2023. ______________________________________________ CITY OF YUBA CITY DATE:

SCALE 1' = 500'

6.0'
CLASS 2 A.B.

16.0' @ 2%
TYPE "A" ASPHALT

SIDEWALK

ROLLED CURB
& GUTTER

19.0' ROADWAY

4.0' 2.5'

12.0'
PUE

0.5'

10.0'
TRAVEL
LANE

8.0'

PARKING
PL CL

NOT TO SCALE (TENTATIVE MAP DRAWN BASED ON SECTION B)

ALL INTERIOR ROADS UNLESS COVERED IN SECTION A

MOHAN DRIVE

JUNIOR SARB WAY

MOHINDER DRIVE

HARMON COURT
A MINOR RESIDENTIAL - 38.0' R/W (DEATTACHED)

19.5'
PSE
DEATTACHED SIDEWALK OPTION. THEPLANTER STRIP SHALL ALSO BE USEDFOR STORM WATER MITIGATION.

6.0'
CLASS 2 A.B.

16.0' @ 2%
TYPE "A" ASPHALT

SIDEWALK

ROLLED CURB
& GUTTER

19.0' ROADWAY

2.5' 4.0'

12.0'
PUE

0.5'

10.0'
TRAVEL
LANE

8.0'

PARKING

19.5'
PSE
PL
PUE SHALL BE A TOTAL OF 12 FEET
WITH 10 FEET BEHIND SIDEWALK
AND 2 FEET UNDERSIDEWALK.

NO WALTON AVENUE

FRANKLIN ROAD

12.0'
PUE

2.5'

53.5' ROADWAY

BARRIER CURB
& GUTTER
TYPE "A" ASPHALT

34.0' @ 2%
CLASS 2 A.B.

5.0'
PL FUTURE 6'-8' SOUND
WALL (SOLID WALL)*

14.0'

TURN LANEOR MEDIAN

11.0'
TRAVEL
LANE

6.0'
BIKE
LANE

11.0'
TRAVEL
LANE

SIDEWALK
MAJOR COLLECTOR - 117.0' R/W

B NOT TO SCALE NORTH WALTON AVENUE

12.0'
PUE

2.5' 6.0'
TYPE "A" ASPHALT

34.0' @ 2%
CLASS 2 A.B.

8.0'
FUTURE 6'-8' SOUND WALL PL
(MASONRY BLOCK WALL)

SIDEWALK

11.0'
TRAVEL
LANE

6.0'
BIKE
LANE

11.0'
TRAVEL
LANE

62.5' ROADWAY

ROLLED CURB
& GUTTER

IN AREAS ADJACENT TO THE ESTATE RESIDENTIAL,MULTI-FAMILY, AND INDUSTRIAL, NO MASONRY BLOCK WALL SHALL BE REQUIRED. THE PROPERTY LINE SHALL BE LOCATED
ONE-HALF (½) FOOT BEHIND CURB SIMILAR TO TYPICALINTERIOR STREET ROAD SECTION.

PERKIN RANCH

PENDING RESIDENTIAL

SUBDIVISION

BRIDGE STREET
STATE ROUTE 99

HARDING ROAD

LITTLE JOHN ROAD

CAMINO DE FLORES
*THERE SHALL NOT BE A SOUND WALL ON
VILLAGE 1 LOT 34. THE PROPERTY LINE SHALL BE
LOCATED 0.5 BEHIND SIDEWALK WITH A 12 FOOTPUE WITH 2.0 FEET OVERLAP WITH SIDEWALK ONTHIS LOT.

Page 57 of 473 ends

EXHIBIT B

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1 CITY OF YUBA CITY

CONDITIONS OF APPROVAL
TENTATIVE SUBDIVISION MAP 23-01
May 31, 2023
West Walton Village
APN: 058-020-001

NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.

IMPORTANT: PLEASE READ CAREFULLY
Please note that this project is subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through tentative subdivision map review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.

Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings can be made.

All discretionary conditions of approval will ultimately be deemed mandatory unless appealed by the applicant to the City Council within ten (10) days after the decision by the Planning Commission. In the event you wish to appeal the Planning Commission’s decision or discretionary conditions of approval, you may do so by filing a written appeal with the City Clerk. The appeal shall state the grounds for the appeal and wherein the Commission failed to conform to the requirements of the zoning ordinance. This should include identification of the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld.

These conditions are applicable to any person or entity making use of this tentative subdivision map, and references to “developer” or “applicant” herein also include any applicant, property owner, owner, leasee, operator, or any other person or entity making use of this tentative subdivision map.

CONDITIONS OF APPROVAL

1. To the furthest extent allowed by law, applicant/property owner shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures,

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2 damages and costs (including attorney's fees, litigation expenses and administrative record preparation costs) arising from, resulting from, or in connection with any ThirdParty Action (as hereinafter defined). The term “Third Party Action” collectively means any legal action or other proceeding instituted by (i) a third party or parties, or (ii) a governmental body, agency or official other than the City, that: (a) challenges or contests any or all of these Conditions of Approval or any approval associated with entitlements associated with the project (collectively “Approvals”); or (b) claims or alleges a violation of CEQA or another law in connection with the Approvals by the City, or the grant, issuance or approval by the City of any or all Approvals. Applicant’s/property owner’s obligations under this paragraph shall apply regardless of whether City or any of its officers, officials, employees, consultants, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this section shall survive any termination, revocation, overturn, or expiration of an approval.

Nothing in this section shall obligate the City to defend any claim and the City shall not be required to pay or perform any settlement arising from any such claim not defended by the City, unless the City approves the settlement in writing. Nor shall the City be prohibited from independently defending any claim, and if the City does decide to independently defend a claim, the applicant/property owner shall be responsible for City’s attorneys’ fees, expenses of litigation, and costs for that independent defense, including the costs of preparing any required administrative record. Applicant/property owner shall submit all documents filed in the Third-Party Action for review and approval of the City Attorney prior to filing of said documents on behalf of the City.

The City may, at any time, require the applicant to reimburse the City for costs that have been, or which the City reasonably anticipates will be, incurred by the City during the course of processing or defending any Third-Party Actions. The City shall provide applicant/property owner with an invoice detailing all reasonable costs incurred. Applicant/property owner shall tender to the City payment-in-full of all reasonable and necessary costs within thirty (30) days from the date upon the invoice. Applicant/property owner shall contact the City within a reasonable time to arrange any extension of the thirty (30) day time period for payment-in-full of the invoiced amount. Applicant/property owner further acknowledges and agrees, failure to timely tender payment-in-full to the City shall be considered a breach and noncompliance with the conditions of approval for the project. Applicant/property owner shall also be required, upon request of the City, to deposit two month’s estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a positive balance pending tender of payment by Applicant/property owner as noted herein.

2. Standard Cultural Resource: The following cultural resource COA are applicable to all approved applications associated with TSM 23-01.
• Prior to and during construction of each phase or individual construction activity undertaken as part of the project and to mitigate potential impacts to cultural resources, the following steps shall be taken:
• Prior to excavation and construction on the project site, the prime construction contractor and any subcontractor(s) shall be cautioned on the legal and/or regulatory implications of knowingly destroying historic or prehistoric

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3 cultural resources or removing artifacts such as, but not limited to, prehistoric ground stone, projectile points, shell middens, or debitage, human remains, historic materials such as, but not limited to, bottles or cans and other cultural materials from the project site.

Responsibility: Project Applicant, Prime Construction Contractor, Subcontractors
Timing: Prior to excavation and construction
Funding: Project Applicant
• Prior to any demolition, excavation, or construction, the project applicant shall identify a qualified archaeologist to be on call if any cultural resources are identified, or if required by the City. The City shall approve the selected archaeologist prior to issuance of the any permit that includes soil disturbance, if any cultural resources are identified and/or required by the City. When excavation of greater than four (4’) feet is anticipated, a Tribal Monitor may be required.

Responsibility: Project Applicant, City
Timing: Prior to any demolition, excavation or construction.

Funding: Project Applicant
• In the event of a find, reasonable time shall be allowed for the qualified archaeologist to conduct additional subsurface testing, analysis, and reporting, if warranted. During this time, excavation and construction shall not be allowed in the immediate vicinity of the find (within a 50-meter radius, or approximately 164-feet, or within a larger area as determined by the qualified archaeologist), However, activities may continue in other areas of the project site if so, determined by the qualified archaeologist.
• If any find is determined to be significant by the qualified archaeologist, representatives of the project developer or construction contractor and the City, and the qualified archaeologist, shall meet to determine the appropriate course of action.

Responsibility: Project Archaeologist, Project Applicant, Construction Contractor, City
Timing: Prior to any work within a 50-meter radius, or approximately 164-feet, of the find
Funding: Project Applicant
• All cultural materials recovered as part of the testing or monitoring program shall be subject to scientific analysis, professional museum curation, and reporting prepared according to current professional standards. A copy of the report and analysis shall be provided to the California Historical Resources Information System Northwest Information Center for recordation.

Responsibility: Project Archaeologist, City
Timing: After Report and Analyses is completed
Funding: Project Applicant

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4 In accordance with State CEQA Guidelines, Section 15064.5 (e)(1)(A)(B), in the event of the discovery or recognition of any human remains on the project site during development, the following steps shall be taken:
• There shall be no further excavation or disturbance of the site or any area reasonably suspected to overlie adjacent human remains until the Monterey County coroner is contacted to determine that no investigation of the cause of death is required. Possible indications of burials could include a layer of shells placed over the burial.
• If the coroner determines the remains to be Native American, then the coroner shall contact the Native American Heritage Commission (“Commission”) within twenty-four (24) hours. The Commission shall identify the person or persons it believes to be the most likely descendent (“MLD”) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98.

Responsibility: Project Contract, Project Applicant, City Timing: In Event of Discovery or Recognition of any Human Remains Funding: Project Applicant
• Where the following conditions occur, the landowner or their authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if the:
a) Commission is unable to identify an MLD or the MLD failed to make a recommendation within forty-eight (48) hours after being notified by the Commission;
b) Descendent identified fails to make a recommendation; or c) Landowner or their authorized representative rejects the recommendation of the descendent, and the mediation by the Commission fails to provide measures acceptable to the landowner.

Responsibility: Project Applicant, NAHC, MLD, City
Timing: After Discovery of Human Remains
Funding: Project Applicant

3. The lot design on the subdivision maps shall be designed in conformance with the TSM 23-01, as appropriate, and as approved by the Planning Commission.

4. The development and operation of the project shall comply with all CEQA mitigation measures identified in Environmental Assessment 23-02 dated April 2023.

5. The development and operation of the project shall comply with all local, state, and federal codes (including Building and Fire codes) and local development standards. a. The Developer or Representative shall obtain an Encroachment Permit from the City prior to performing any work within public rights of way.

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5 6. To limit visibility, provide privacy and to minimize conflicting views of adjacent properties, the Tentative Map dated May 19, 2023 (filed with the City on January 4, 2023) is restricted as follows:
a. Village 1 - Lots 33 and 34 are to be restricted to single story construction or any back-facing window sills on the upper floor of a two-story residence are to be a minimum of 6.0 feet above the floor, and additionally, shall not establish second floor balconies facing single-story homes, or as otherwise approved by the Development Services Director.

7. Lots 1, 59, 35, and 34 along Walton Avenue shall be constructed with six-foot high solid wall (i.e. masonry, concrete, proto II, Brick).

8. To help contain fugitive dust, construction sites shall be watered down during the construction phase of the project or as directed by the Public Works Department.

9. Paved streets shall be swept frequently (water sweeper with reclaimed water recommended; wet broom) if soil material has been carried onto adjacent paved, public thoroughfares from the project site.

10. The Developer, at their expense, shall be solely responsible for all quality control associated with the project. The quality control shall include, but is not limited to, the following: survey work, potholing existing utilities, all geotechnical testing, soil reports, concrete testing, asphalt testing, and any other required special testing/inspections.

The City will only perform necessary testing to assure compliance.

11. Storage of construction material is not allowed in the travel way.

12. A Subdivision Agreement outlining any costs (hot tap, connection fee, fair share contribution, etc.) associated with the development shall be accepted by the City prior to recordation of map, or prior to approval of the Improvement Plans, whichever comes first.

PRIOR TO ISSUANCE OF A GRADING PERMIT

13. The improvement plans for the development of the subject property shall include all measures required to ensure that no increased drainage runoff resulting from the development of the property flow onto the adjacent lands or that the development will not impede the drainage from those properties. The rear yards and/or side yards of the lots that are created by this subdivision that are adjacent to existing residential development shall have the same finish grade elevation as those lots within tolerances as approved by the Public Works Department. If retaining walls are required, they shall be constructed of concrete, brick, or masonry block.

14. A master grading plan shall be submitted to the Public Works Department as part of the improvement plans with the first subdivision phase.

PRIOR TO APPROVAL OF THE IMPROVEMENT PLANS

15. Obtain all necessary approvals from City, State, and Federal agencies, utilities and other effected parties that are required for the project including, but not limited to, the preparation of drawings, studies, reports and permit applications, and payment of fees. Prior to City approval of the Improvement Plans, the Developer shall provide

Page 63 of 473 ends

6 evidence, to the satisfaction of the Public Works Department, that all such obligations have been met.

16. The contractor shall obtain an Encroachment Permit from the City prior to performing any work within public rights of way.

17. The plans shall indicate the locations of all septic and leach field areas, and all wells.

Any septic areas and wells that are to be destroyed shall be demolished in accordance with Sutter County Environmental Health Department requirements.

18. The Developer shall dedicate right-of-way to the City as follows, or as approved by the Public Works Director:
a. North Walton Avenue:
i. North boundary to Mohan Drive: On the west side, shall have right-ofway dedicated to a width of 53.5 feet (centerline to back of new 6.0- foot-high solid wall), including a 12.0-foot PUE.
ii. Mohan Drive to south boundary: On the west side, shall have right-ofway dedicated to a width of 42.0 feet (centerline to 0.5 feet behind new minimum 5.0-foot wide sidewalk) together with a 12.0-foot PUE (2.0- feet of which is located under the sidewalk) behind the right-of-way. b. Interior residential streets (Mohinder Drive, Junior Sarb Way, Mohan Drive, and Harmon Court):
i. Detached sidewalk -- Right-of-way shall be dedicated to a width of

38.0 feet together with a 19.5-foot PSE behind the right-of-way. A

12.0-foot wide PUE shall be dedicated along the sidewalk with 2.0- foot located underneath the sidewalk along each side of the roadway. c. All necessary right of way and easements are to be dedicated with the recordation of the Final Map.

19. The Developer shall construct frontage improvements to City standards as follows, or as approved by the Public Works Director:
a. North Walton Avenue:
i. 34.0-footwide asphalt road section – centerline of North Walton Avenue to west lip of gutter
ii. 2.5-foot wide barrier curb and gutter
iii. 5.0-foot minimum width attached sidewalk
iv. landscaping and irrigation between the sidewalk and block wall north of Mohan Drive
v. 6.0-foot high solid wall (i.e. masonry, concrete, proto II, Brick) north of Mohan Drive
vi. streetlights
vii. fire hydrants
viii. storm drainage facilities
ix. roadway striping
x. roadway signage
b. Interior residential streets (Mohinder Drive, Junior Sarb Way, Mohan Drive, and Harmon Court):
i. Detached sidewalk -- Streets shall be designed/constructed to a width of 37.0 feet back of curb to back of curb with parking permitted on both sides. Frontage improvements shall include street section, curb, gutter, 6.0-foot wide landscape parkway strip (measured from back of curb), 4.0-foot wide sidewalk, street trees, and streetlights.

1. The landscape plan for the front yard, including the area between the sidewalk and curb, shall be handled by each

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7 individual lot improvement. The irrigation system shall be designed to accommodate the street tree and shall meet the City’s Model Water Efficient Landscape Ordinance.

2. The landscaping in the parkway strip is to have a coordinated theme referenced on the public improvement plans, or as approved by the Development Services Director.

3. The only hard surface (concrete or pavers) that can be placed in the street planter area other than the standard driveway serving the residence is 18” wide strips to accommodate the wheel path of vehicles unless authorized/approved by the Public Works Director.

20. The Developer shall comply with all City requirements related to drainage, including submittal of a drainage plan for any drainage improvements for the proposed development. A drainage analysis, along with calculations, shall be submitted to the City Engineer for approval. The analysis shall include, but is not limited to:
a. Grading and drainage plan showing the proposed drainage conveyance and storage system.
b. Supporting calculations demonstrating adequacy of conveyance capacity and storage volume. The calculation analysis shall meet the requirements of the North Yuba City Drainage Area Master Drainage Plan.
c. Storm Drain Collection Systems- For the design of all pipeline conveyance facilities, the Hydraulic Grade Line (HGL) shall be maintained a minimum of one foot below the gutter flow line of all drain inlets and at least one foot below all maintenance hole rims during a 10-year, 24-hour storm event. The storm drain minimum pipe size shall be 12 inches. The minimum velocity shall be 2 fps.
d. Street Flow -The street system shall be designed to convey the 100-year, 24- hour runoff while maintaining a water surface at least 1 foot below the adjacent building pad elevations (or alternatively, the building pad elevations shall be at least 1 foot above the 100-year water level). The grading plan shall ensure that the 100-year, 24-hour runoff can be conveyed through the development and to the receiving drainage facility.
e. Drainage systems (pipes and street systems) shall be designed to accommodate the runoff from the ultimate development of the entire upstream watershed.
f. Water Quality – Water quality basin(s) shall meet State Water Resource Board requirements for water quality. The water quality basin can be incorporated into a detention pond, designed as an individual pond, included in a water quality manhole system, or as approved by the Public Works Director.
g. Detention Basins - A 100-year, 4-day storm shall be used for sizing detention storage facilities. The detention basin release rate from a 100-year, 24-hour storm after development must be equal to or lower than the runoff rate from the detention basin's tributary area before development. h. The Drainage Study shall be completed and stamped by a Professional Engineer and determined by the City Engineer and the Sutter County Water Agency Engineer to be comprehensive, accurate, and adequate.

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8 21. Should a detention basin be necessary it is to include, but not be limited to, a vehicle pull out area, a solid wall adjacent to residential parcels and North Walton Avenue, decorative perimeter fencing with accessible sized gate, landscaping, and access to the inlet and outlet in the basin as approved by the Public Works Director.

Maintenance costs associated with the basin are to be included in the applicable Lighting and Landscape Maintenance District. The Developer, or his Engineer, shall provide calculations indicating that the detention pond has sufficient capacity to accommodate runoff from the proposed development.

22. The development shall comply with Yuba City’s stormwater requirements and PostConstruction Standards Plan. The Post Construction information can be found here:
https://www.yubacity.net/city_hall/departments/public_works/engineering/stormwate r_management

23. All development shall be designed to local, state, and federal flood standards.

24. The structural section of all road improvements shall be designed using the Caltrans empirical R-value method. A geotechnical investigation shall determine the R-value of the existing soil in accordance with the Caltrans Highway Design Manual. The structural section shall be designed to the following standards:
a. Use 3” minimum for residential, 4” minimum for collectors and 5” minimum for arterials, of ‘Type A’ asphaltic concrete over Class 2 aggregate base (the thickness of the base shall be designed to the R-value of the soil) b. Use a traffic index of 6 for residential streets
c. Use a traffic index of 7 for collector streets
d. Use a traffic index of 10 for arterial streets
A copy of the geotechnical investigation, including R-value determination, test locations and structural section calculations, shall be submitted with the first improvement plan check.

25. Striping, pavement markings and traffic signage shall be provided on all streets as necessary and as required by the Public Works Department. Signage restricting parking and red painted curbing shall be installed where appropriate. Speed limit signs shall be installed at locations determined by the Public Works Department. All required speed limit signs shall be shown on the Improvement Plans.

26. The street trees and street lighting are public improvements which shall meet the Parks Division Planting Standards and City Standard Details and be included in the Improvement Plans and Specifications for the subdivision when the improvement plans are submitted for the first improvement plan check.

27. The Improvement Plans shall show provisions for the placement of centralized mail delivery units in the PUE. Developer shall provide a concrete base for placement of the centralized mail delivery unit. Specifications and location of such base shall be determined pursuant to the applicable requirements of the Postal Service and the City Public Works Department, with due consideration for street light location, traffic safety, security and consumer convenience.

28. Required Improvement Plan Notes:

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9 a. "Any excess materials shall be considered the property of the contractor/owner and shall be disposed of away from the job site in accordance with applicable local, state and federal regulations."
b. "During construction, the Contractor shall be responsible for controlling noise, odors, dust and debris to minimize impacts on surrounding properties and roadways. The Contractor shall be responsible for all construction equipment to be equipped with manufacturers approved muffler baffles. Failure to do so may result in the issuance of an order to stop work.”
c. “If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Sutter County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.”
d. "The Contractor(s) shall be required to maintain traffic flow on affected roadways during non-working hours, and to minimize traffic restriction during construction.

The Contractor shall be required to follow traffic safety measures in accordance with the “California Manual of Uniform Traffic Control Devices, latest edition.” The City of Yuba City emergency service providers shall be notified, at least two working days in advance, of proposed construction scheduled by the contractor(s).”
e. “Soil shall not be treated with lime or other cementitious material without prior express permission by the Public Works Department.”
f. “Where an excavation for a trench and/or structure is five (5) feet deep or more, the contractor shall conform to O.S.H.A. requirements. The contractor shall provide a copy of the approved O.S.H.A. permit, and shoring details and calculations prepared by California licensed structural engineer to the Public Works Department, prior to beginning construction.”
g. “Should any field conditions, conflicts, errors, and/or omissions be overlooked during the design review process, or during construction of the development, then any additional work identified during construction shall be implemented by the Developer at the Developer’s expense.”

PRIOR TO ACCEPTANCE OF THE PUBLIC IMPROVEMENTS

29. All existing well(s), septic field(s), and gas/electrical service lines shall be destroyed in accordance with the requirements of the Sutter County Environmental Health and Yuba City Building Departments, respectively. Connections shall be made to public sewer and water. The Developer shall pay all applicable fees.

30. Street lights shall be provided on all interior streets and along the west side of North Walton Avenue. The street lights shall be approximately 250 feet apart or as approved by the Public Works Director.

31. Prior to backfilling, the Developer shall vacuum test all manholes to ensure no leakage will occur.

32. Prior to final paving, and/or as directed by the Public Works Director, the Developer shall hydroflush, and televise, all storm drain mains and all sewer mains. In addition, prior to the City’s acceptance of the subdivision improvements, and at the Public

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10 Works Department’s discretion, the storm sewer and sewer mains shall be rehydroflushed.

33. The contractor shall maintain record drawings of the improvements and keep them on site at all times. When the project is complete, the contractor shall deliver a marked set of plans to the Engineer of Record. The Engineer of Record shall update the improvement plans with the record information. Once the changes have been added to the plans, the Engineer of Record shall submit both an electronic copy (Civil 3D version 2017 or newer) and a hard copy to the City. The City will not accept the completion of the improvements until the electronic copy and hard copy have been submitted.

34. The existing power poles, and all appurtenances, on the property shall be removed per PG&E requirements/guidelines. The development shall be serviced with underground electrical. No overhead electrical will be allowed. Joint trench conduit for electric, cable, and telephone shall be extended across the entirety of Lot 34 to the south boundary of the development to accommodate future service to APN 058- 020-002 and 058-020-003.

35. The developer shall install 5-foot wide attached sidewalk adjacent to existing curb and gutter across the frontage of the adjacent properties to the south (APN 058-020- 002, and 058-020-003) to provide a continuous sidewalk connection along the west side of North Walton Avenue, contingent upon the City acquiring any necessary rightof-way or easement to facilitate the work. Reimbursement fee credits for qualifying work will be determined in the applicable subdivision/improvement agreement with Developer prior to construction. The sidewalk called for by this condition does not requiring bonding and completion is not a condition of City acceptance of the subdivision improvements.

36. All public street lighting shall be dedicated to the City of Yuba City.

PRIOR TO FINAL MAP RECORDATION

37. The development shall pay for operations and/or maintenance for police, fire, parks, drainage, and ongoing street maintenance costs. This condition may be satisfied through participation in a Mello-Roos CFD, by payment of cash in an amount agreed to by the City, by another secure funding mechanism acceptable to the City, or by some combination of those mechanisms. The City shall be reimbursed actual costs associated with the formation of, or annexation to, the district. The property shall annex in to an existing CFD.

38. The property shall petition for formation of a Zone of Benefit of the Yuba City Lighting and Landscaping Maintenance District for the purpose of maintaining; street trees planted in the landscape planters, street lights, fencing and/or barricades, block walls, and any detention / water quality basin(s) or devices. The Engineering Division shall be reimbursed actual costs associated with the formation of the district.

39. The Post Construction Statement of Responsibility shall be recorded at the Sutter County Recorder’s Office.

40. Should a detention pond or water quality basin be utilized, the basin parcel(s) shall be dedicated to the City of Yuba City.

PRIOR TO ISSUANCE OF A BUILDING PERMIT

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11 41. The Developer’s Superintendent/Representative shall submit three (3) sets of Pacific Gas and Electric approved utility plans showing joint trench locations and distribution lines prior to issuance of first building permit for each phase of construction.

PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY

42. The curb, gutter, sidewalk, and lot drainage shall be inspected and approved by the City. Any curb, gutter and sidewalk which is not in accord with City standards or is damaged before or during construction, shall be replaced. All sidewalks along the City right-of-way shall be free of any non-control joint cracking. In addition, any concrete with cracks, chips, blemishes, and spalling greater than an inch in diameter shall be replaced from control joint to control joint.

43. All street lighting shall be constructed per the Improvement Plans and energized prior to the issuance of any certificate of occupancy or as approved by the Development Services Director.

44. Prior to issuance of any certificate of occupancy, all underground utilities, public improvements, and site improvements, including rough grading, shall be completed in accordance with City requirements.

MITIGATION MEASURES
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/academi
c paleontologists
conducting research
Developer Public
Works
Dept.,
Developme
nt Services
Dept.

During
constructio
n phase

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12 investigations within
the geological
formations that are
slated to be
impacted;

4. Obtain comments
from the researchers;

5. Comply with
researchers’
recommendations to
address any
significant adverse
effects were
determined by the
City to be feasible.

In considering any suggested
mitigation proposed by the
consulting paleontologist, the
City’s Community
Development Department
Staff shall determine whether
avoidance is necessary and
feasible in light of factors
such as the nature of the find,
project design, costs,
Specific or General Plan
policies and land use
assumptions, and other
considerations. If avoidance
is unnecessary or infeasible,
other appropriate measures
(e.g., data recovery) shall be
instituted. Work may proceed
on other parts of the project
site while mitigation for
paleontological resources is
carried out.

3.8. Greenhous
e 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 Developme
nt 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
Developer Public
Works
Dept.,
Developme
nt Services
Dept
During
constructio
n phase

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13 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.

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

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14 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.

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ATTACHMENT 3

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Service Layer Credits: Source: Esri, Maxar,
GeoEye, Earthstar Geographics, CNES/Airbus
DS, USDA, USGS, AeroGRID, IGN, and the
GIS User Community
N
WA
LT
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AV
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FRANKLIN RD

WILDFLOWER CIR
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P
P
Y
L
N

ANNEKA LN

ALFRED WAY
P
E
R

WI NI K
L
E
L
N
H
E
T
H
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T
O
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C
RI
West Walton Village
Project Site
I!
TSM 23-01| Location Map

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ATTACHMENT 4

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01248.0005/876584.1
Environmental Assessment 23-02
Initial Study and Mitigated Negative Declaration for Rezoning PD18 And Tentative Subdivision Map 23-01, West Walton Village. The proposal will create a Planned Development Zone District to allow for the subdivision of a 9.16-acre property into 66 half-plex residential lots and six single-family residential lots.

Prepared for:

City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
Prepared By:

Denis Cook
Land Use Planning Consultant
and
City of Yuba City
Development Services Department
Planning Division
April 2023

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01248.0005/876584.1 2
Table of Contents

1. Introduction ..............................................................................................................................4 Introduction ..............................................................................................................................4 Regulatory Information.............................................................................................................4 Document Format.....................................................................................................................5 Purpose of Document...............................................................................................................5 Intended Uses of this Document ..............................................................................................6

2. Project Description ....................................................................................................................7 Project Title...............................................................................................................................7 Lead Agency Name and Address...............................................................................................7 Contact Person and Phone Number .........................................................................................7 Project Location ........................................................................................................................7 Project Applicant.......................................................................................................................7 Property Owner.........................................................................................................................7 General Plan Designation..........................................................................................................7 Zoning........................................................................................................................................7 Project Description....................................................................................................................8

2.10. Surrounding Land Uses and Setting........................................................................................14

2.11. Other Public Agencies Whose Approval May be Required.....................................................14

2.12. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?..................14

2.13 Environmental Factors Potentially Affected:..........................................................................15

2.14 Evaluation of Environmental Impacts:....................................................................................16

3. Environmental Checklist and Impact Evaluation........................................................................17 Aesthetics................................................................................................................................17 Agricultural and Forestry Resources.......................................................................................20 Air Quality ...............................................................................................................................25

3.4 Biological Resources................................................................................................................32 Cultural Resources..................................................................................................................35

3.6 Energy .....................................................................................................................................38

3.7 Geology and Soils....................................................................................................................40

3.8 Greenhouse Gas Emissions.....................................................................................................46

3.9 Hazards and Hazardous Materials ..........................................................................................49

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3.10 Hydrology and Water Quality.........................................................................................................54

3.11 Land Use and Planning............................................................................................................58

3.12 Mineral Resources ..................................................................................................................59

3.13 Noise .......................................................................................................................................61

3.14 Population and Housing..........................................................................................................67

3.15 Public Services.........................................................................................................................69

3.16 Recreation...............................................................................................................................71

3.17 Transportation/Traffic.............................................................................................................72

3.18 Tribal Cultural Resources........................................................................................................75

3.19 Utilities and Service Systems ..................................................................................................80

3.20 Wildfire....................................................................................................................................83

3.21 Mandatory Findings of Significance........................................................................................85

4. Section References and/or Incorporated by Reference..............................................................87

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CITY OF YUBA CITY
Development Services Department
Planning Division
1201 Civic Center Blvd. Yuba City, CA 95993 Phone (530) 822-4700

1. Introduction
Introduction
This Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared to identify any potential environmental impacts in the City of Yuba City, California (City) from proposed Rezoning (RZ) PD18 and Tentative Subdivision Map (TSM) 23-01, West Walton Village (Project):

RZ PD18 proposes to rezone 9.16 acres from the Two-Family Residential (R-2) Zone District to the Planned Development (PD-18) Zone District. The rezoning will amend the development standards for the reduction of minimum lot sizes of the R-2 Zone District that would allow for TSM 23-01.

TSM 23-01 proposes to subdivide the same 9.16-acre property into 66 half-plex lots (two half-plexes is the same as a duplex, but with the attached residences divided by a property line), and six single-family residential lots, for a total of 72 new residences. The Project also proposes four Accessory Dwelling Units (ADU – second residences on a property) which are not discussed any further as they are a permitted use on all residential lots. The site was previously utilized as a mobile home park but has been cleared of all buildings and vegetation.

The property is located on the West Side of Walton Avenue approximately 670 feet north of Franklin Road.

All access to the property is from Walton Avenue. The Project proposes an internal looped street with two Walton Avenue connections. The property has full City services available to it.

The RZ/TSM is considered a project under the California Environmental Quality Act (CEQA), asthe City has discretionary authority over the Project. The Project requires discretionary review by the City of Yuba City Planning Commission and City Council due to the rezoning.

This IS/MND has been prepared in conformance with CEQA Guidelines Section 15070. The purpose of the IS/MND is to determine the potential significant impacts associated with the rezoning and tentative subdivision map and provide an environmental assessment for consideration by the Planning Commission and City Council. In addition, this document is intended to provide the basis for input from public agencies, organizations, and interested members of the public.

Regulatory Information
An Initial Study (IS) is an environmental assessment document prepared by a lead agency to determine if a project may have a significant effect on the environment. In accordance with the California Code of Regulations Title 14 (Chapter 3, §15000 et seq.), commonly referred to as the CEQA Guidelines - Section 15064(a)(1) states an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the proposed project under review may have a significant effect on the environment and should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant. A negative declaration may be

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01248.0005/876584.1 5
prepared instead; if the lead agency finds that there is no substantial evidence, in light of the whole record that the project may have a significant effect on the environment. A negative declaration is a written statement describing the reasons why a proposed project, not exempt from CEQA pursuant to §15300 et seq. of Article 19 of the Guidelines, would not have a significant effect on the environment and, therefore, why it would not require the preparation of an EIR (CEQA Guidelines Section 15371). According to CEQA Guidelines Section 15070, a negative declaration shall be prepared for a project subject to CEQA when either:
a) The IS shows there is no substantial evidence, in light of the whole record before the agency, that the proposed project may have a significant effect on the environment, or b) The IS identified potentially significant effects, but:
a. Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed negative declaration and initial study is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur is prepared, and
b. There is no substantial evidence, in light of the whole record before the agency, that the proposed project as revised may have a significant effect on the environment. If revisions are adopted by the Lead Agency into the proposed project in accordance with the CEQA Guidelines Section 15070(b), a Mitigated Negative Declaration (MND) is prepared.

Document Format
This IS/MND contains four chapters, and one technical appendix. Chapter 1, Introduction, provides an overview of the proposed Project and the CEQA environmental documentation process. Chapter 2, Project Description, provides a detailed description of proposed Project objectives and components.

Chapter 3, Impact Analysis, presents the CEQA checklist and environmental analysis for all impact areas, mandatory findings of significance, and feasible measures. If the proposed Project does not have the potential to significantly impact a given issue area, the relevant section provides a brief discussion of the reasons why no impacts are expected. If the proposed Project could have a potentially significant impact on a resource, the issue area discussion provides a description of potential impacts, and appropriate mitigation measures and/or permit requirements that would reduce those impacts to a less than significant level. Chapter 4, List of Preparers, provides a list of key personnel involved in the preparation of the IS/MND.

Purpose of Document
The proposed RZ/TSM will undergo a public review process by the Planning Commission that will result in a recommendation to the City Council and a decision by the City Council that, if approved, could ultimately result in 72 new residences being established on the property. This public review process is needed to assure that the Project will be compatible with existing or expected neighboring uses and that adequate public facilities are available to serve the Project.

This document has been prepared to satisfy the California Environmental Quality Act (CEQA) (Pub. Res.

Code, Section 21000 et seq.) and the State CEQA Guidelines (Title 14 CCR §15000 et seq.). CEQA requires

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that all state and local government agencies consider the environmental consequences of projects over which they have discretionary authority before acting on those projects.

The initial study is a public document used by the decision-making lead agency to determine whether a project may have a significant effect on the environment. If the lead agency finds substantial evidence that any aspect of the Project, either individually or cumulatively, may have a significant effect on the environment, regardless of whether the overall effect of the Project is adverse or beneficial, the lead agency is required to use a previously prepared EIR and supplement that EIR or prepare a subsequent EIR to analyze the issues at hand. If the agency finds no substantial evidence that the Project or any of its aspects may cause a significant effect on the environment, a negative declaration shall be prepared. If in the course of the analysis, it is recognized that the Project may have a significant impact on the environment, but that with specific recommended mitigation measures incorporated into the Project, these impacts shall be reduced to less than significant, a mitigated negative declaration shall be prepared.

In reviewing all of the available information for the above referenced Project, the City of Yuba City Planning Division has analyzed the potential environmental impacts created by this Project and a mitigated negative declaration has been prepared.

Intended Uses of this Document
In accordance with CEQA, a good-faith effort has been made during preparation of this IS/MND to contact affected public agencies, organizations, and persons who may have an interest in the proposed Project.

In reviewing the Draft IS/MND, affected and interested parties should focus on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the effects of the proposed Project would be avoided or mitigated.

The Draft IS/ND and associated appendices will be available for review on the City of Yuba City website at http://www.yubacity.net. The Draft IS/MND and associated appendixes also will be available for review during regular business hours at the City of Yuba City Development Services Department (1201 Civic Center Boulevard, Yuba City, California 95993). The 20-day review period will commence on May 4, 2023 and end on May 24, 2023 at the conclusion of the Planning Commission hearing.

Written comments on the Draft IS/MND should be sent to the following address:

City of Yuba City
Development Services Department
1201 Civic Center Boulevard
Yuba City, CA 95993
e-mail: [email protected]
Phone: 530.822.4700

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2. Project Description
Project Title
Rezoning (RZ) PD18 and Tentative Subdivision Map (TPM) 23-01: West Walton Village.

Lead Agency Name and Address
City of Yuba City
Development Services Department, Planning Division
1201 Civic Center Blvd.

Yuba City, CA 95993
Contact Person and Phone Number
Doug Libby, AICP
Deputy Director of Development Services
(530) 822-3231, [email protected]
Project Location
The 9.16 acres are located on the west side of Walton Avenue approximately 670 feet north of Franklin Road. Assessor’s Parcel Number (APN) 058-020-001.

Project Applicant
Capital Farm and Management Company
1227 Bridge Street
Yuba City, CA 95993
Property Owner
Capital Farm and Management Company
1227 Bridge Street
Yuba City, CA 95993
General Plan Designation
The Project is within the Low-Medium Density (MDR) land use designation, which provides for a density range of 6 to 14 residences per acre. The proposed Project will be approximately 8 residences per acre.

Zoning
Existing: The Project is within the Two-Family Residential (R-2) Zone District.

Proposed: Planned Development (PD18) Zone District.

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Project Description
Rezoning (RZ) PD18 and Tentative Subdivision Map (TSM) 23-01 (Project):

TSM 23-01 proposesto subdivide the same 9.16-acre property into 66 half-plex lots (two half-plexes is the same as a duplex, but with the attached residences divided by a property line), and six single-family residential lots, for a total of 72 new residences. The Project also proposes four Accessory Dwelling Units (ADU – second residences on a property) which are not discussed any further as they are a permitted use on all residential lots. The site was previously utilized as a mobile home park but has been cleared of all buildings and vegetation.

All access to the property is from Walton Avenue. The Project proposes an internal looped street with two Walton Avenue connections. The property has full City services available to it. Assessor’s Parcel Number (APN) 058-020-001.

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Figure 1: Location Map

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Figure 2: Tentative Subdivision Map 23-01

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Figure 3: Rezoning: Existing and proposed zoning maps.

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Figure 4: Proposed PD18 Zone District
Tentative Subdivision Map 23-01
West Walton Village Planned Development (PD18) Zone District Purpose:

Applicability:

Permitted Uses.

All other lots: A half-plex (one of two attached residences divided by a property line through the building) on each of two adjoining lots and related accessory uses permitted in the R-2 Zone District are permitted uses, as amended, and uses permitted with an approved use permit as described in the R-2 Zone District, as amended, are permitted if a use permit is first approved.

Development Standards.

All development standards in the R-2 Zone District, as amended, apply to these properties, except as provided below:

Development & Design Standards
Minimum Lot Size
Single-family residential lot – 5,000 square feet.

Half-plex residential lot – 3,000 square feet for interior lots, 3,500 square feet for corner lots.

Maximum Percentage Lot
Coverage
Single-family residential lot – 45%.

Half-plex lot – 60% for single-story, 40% for two story.

Minimum Lot Width
Single-family lot – 45 feet, accept cul de sac lots and lots on an outside curve shall be 45 feet at the rear of the front yard.

Half-plex lots – 30 feet.

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Minimum Lot Depth 85 feet.

Minimum Yards
Front - 15 feet, except garages must be 20 feet, except Lot 34 a garage may be 18.5 feet.

Interior Side:

Single-family residence – 5 feet
Half-plex – 3 feet, except it is a zero yard between
attached residences.

Street side 10 feet
Rear 25 feet or 20% of the total lot depth, whichever is less.

Lot length to width ratio For half-plex lots it shall be a maximum of 3.5/1.

Landscaping
Each lot shall have a completed front yard landscaping that is approved by the Development Services Director, prior to issuance of a certificate of occupancy.

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2.10. Surrounding Land Uses and Setting
Setting: The 9.16-acre flat property formerly contained a mobile home park but has been cleared of all residences and vegetation prior to the application being filed.

2.11. Other Public Agencies Whose Approval May be Required Feather River Air Quality Management District, Dust Control Plan, Indirect Source Review.

Central Valley Regional Water Quality Control Board.

Table 1: Bordering Uses
North: Duplexes.

South: Retail center and small lot single-family residences.

West: Multiple-family residences (apartments).

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2.13 Environmental Factors Potentially Affected:

The environmental factors checked below would be potentially affected by this project, as indicated by the checklist and subsequent discussion on the following pages.

Aesthetics Agriculture & Forestry
Resources
Air Quality
Biological Resources X Cultural Resources Energy
X Geology/Soils X Greenhouse Gas Emissions Hazzard & Hazardous Materials
Hydrology/Water Quality Land Use Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation X Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance
Determination: On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that, although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
________________________________________________ ________________________ Signature Date
Doug Libby, AICP, Deputy Director of Development Services April 26, 2023

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2.14 Evaluation of Environmental Impacts:

A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parenthesesfollowing each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
“Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analysis,” as described below, may be cross referenced). A Mitigated Negative Declaration also requires preparation and adoption of a Mitigation Monitoring and Reporting Program (MMRP) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. In this case, a brief discussion should identify the following:

Earlier Analysis Used. Identify and state where they are available for review.

Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.

Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they addressed site-specific conditions for the project.

Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts. Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

Supporting Information Sources: A source list should be attached, and other sources used, or individuals contacted should be cited in the discussion.

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3. Environmental Checklist and Impact Evaluation
The following section presents the initial study checklist recommended by the California Environmental Quality Act (CEQA; Appendix G) to determine potential impacts of a project. Explanations of all answers are provided following each question, as necessary.

Aesthetics
Table 3-1: Aesthetics
Except as provided in Public Resources Code Section
21099, would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
X
c) In non-urbanized areas substantially degrade the
existing visual character or quality of public views
of the site and its surroundings? (Public views are
those that are experienced from publicly accessible
vantage point). If the project is in an urbanized
area, would the project conflict with applicable
zoning and other regulations governing scenic
quality?
X
d) Create a new source of substantial light or glare,
which would adversely affect day or nighttime
views in the area?
X

3.1.1. Environmental Setting/Affected Environment
Background views are generally considered to be long-range views in excess of 3 to 5 miles from a vantage point. Background views surrounding the project site are limited due to the flat nature of the site and the surrounding urban landscape. Overall, the vast majority of Sutter County is relatively flat, with the Sutter Buttes being the exception. The Sutter Buttes, located approximately 7 miles northwest of the Project site, are visible from much of Yuba City and Sutter County. The Sutter Buttes comprise the long-range views to the northwest and are visible from the much of the City, except in areas where trees or intervening structures block views of the mountain range.

The City’s General Plan, more specifically the Community Design Element “establishes policies to ensure the creation of public and private improvements that will maintain and enhance the image, livability, and aesthetics of Yuba City in the years to come.”
The following principles and policies are applicable:
 Maintain the identity of Yuba City as a small-town community, commercial hub, and residential community, surrounded by agricultural land and convey, through land uses and design amenities, Yuba City’s character and place in the Sacramento Valley.

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 Recognizing the livability and beauty of peer communities with highly designed visual landscapes, commit to a focus on the visual landscape of Yuba City.  Maintain, develop, and enhance connections between existing and planned neighborhoods.  Create and build upon a structured open space and parks network, centered on two large urban parks and the Feather River Corridor.
 Strive for lush, landscaped public areas marked by extensive tree plantings.  Design commercial and industrial centers to be visually appealing, to serve both pedestrians and automobiles, and to integrate into the adjacent urban fabric.

In addition to the City’s General Plan, the City provides Design Guidelines. The goal of the City’s Design Guidelines is to ensure the highest quality of building design: designs that are aesthetically pleasing; designs that are compatible with the surroundings in terms of scale, mass, detailing, and building patterns; designs that accommodate the pedestrian, automobile, bicycle, and transit circulation; and designs that consider public safety, public interaction, and historic resources. The Design Guidelines however do not apply to duplex/half-plex facilities but do apply to the design of the subdivision.

3.1.2. Federal Regulatory Setting
Federal regulations relating to aesthetics include Organic Administration Act (1897), Multiple Use – Sustained Yield Act (1960), Wilderness Act (1964), Federal Lands Policy and Management Act (1976), Wild and Scenic Rivers Act. The proposed Project is not subject to these regulations since there are no federally designated lands or rivers in the vicinity.

3.1.3. State Regulatory Setting
The California State Scenic Highway Program was created by the California Legislature in 1963 to preserve and protect scenic highway corridors from change which would diminish the aesthetic value of lands adjacent to highways. The state laws governing the Scenic Highway Program are found in the Streets and Highways Code, Section 260 et seq. The State Scenic Highway System includes a list of highways that are either eligible for designation as scenic highways or have been so designated. These highways are identified in Section 263 of the Streets and Highways Code.

A highway may be designated scenic depending upon how much of the natural landscape can be seen by travelers, the scenic quality of the landscape, and the extent to which development intrudes upon the traveler’s enjoyment of the view. When a city or county nominates an eligible scenic highway for official designation, it must identify and define the scenic corridor of the highway. A scenic corridor is the land generally adjacent to and visible from the highway. A scenic corridor is identified using a motorist’s line of vision. A reasonable boundary is selected when the view extends to the distant horizon. The corridor protection program does not preclude development but seeks to encourage quality development that does not degrade the scenic value of the corridor. Jurisdictional boundaries of the nominating agency are also considered. The agency must also adopt ordinances to preserve the scenic quality of the corridor or document such regulations that already exist in various portions of local codes. These ordinances make up the scenic corridor protection program. County roads can also become part of the Scenic Highway System. To receive official designation, the county must follow the same process required for official designation of state scenic highways. There are no designated state scenic highways in the vicinity of the Project site.

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California Building Code Title 24 Outdoor Lighting Standards: The requirements vary according to which “Lighting Zone” the equipment is in. The Standards contain lighting power allowances for newly installed equipment and specific alterations that are dependent on which Lighting Zone the project is located in.

Existing outdoor lighting systems are not required to meet these lighting power allowances. However, alterations that increase the connected load, or replace more than 50 percent of the existing luminaires, for each outdoor lighting application that is regulated by the Standards, must meet the lighting power allowances for newly installed equipment.

An important part of the Standards is to base the lighting power that is allowed on how bright the surrounding conditions are. The eyes adapt to darker surrounding conditions, and less light is needed to properly see; when the surrounding conditions get brighter, more light is needed to see. The least power is allowed in Lighting Zone 1 and increasingly more power is allowed in Lighting Zones 2, 3, and 4. By default, government designated parks, recreation areas and wildlife preserves are Lighting Zone 1; rural areas are Lighting Zone 2; and urban areas are Lighting Zone 3. Lighting Zone 4 is a special use district that may be adopted by a local government. The proposed Project is located in an urban area; thereby, it is in Lighting Zone 3.

3.1.4. Impact Assessment/Environmental Consequences:
a) Have a substantial adverse effect on a scenic vista? There are no designated scenic areas within the vicinity, so there would not be impacts on a designated scenic area.

The primary view of the subdivision will be from the Walton Avenue passersby. Within the urban area such as this, views of the Sutter Buttes are limited due to other development and trees. As such any views of the Buttes would be only coincidental where there are breaks in the developments. Once the Project is completed the view from Walton Avenue will be of the property frontage, which will be tree lined landscaping with a decorative masonry wall in back of that, which would be typical of other wall lined and landscaped subdivisions within the City. This is consistent with the City’s adopted subdivision design guidelines; thus, the impacts would be less than significant. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
There are no state or locally recognized scenic highways nearby. The property was cleared of buildings and vegetation prior to this review. There are no rock outcroppings, trees, or historic buildings on the property. There would be no impact on scenic resources. c) In non-urbanized areas, substantially degrade the existing visual character of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
The site is within the urbanized area. The proposed half-plexes will meet all General Plan and Zoning standards with the addition of the PD18 Zone District. Thus, the impacts will be less than significant. d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?

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The site is within the urban area where street lighting and exterior building lighting is prevalent.

Development of these properties will add residential lighting and potentially a new streetlight to this area.

As the new lighting will be similar to what already exists in the vicinity, the impacts from Project lighting will be less than significant.

There will also be a six-foot masonry wall, trees, and landscaping along the frontage that will minimize the interior lighting visible from Walton Avenue traffic. Also, any new street lighting would be consistent with other nearby street lighting.

Agricultural and Forestry Resources
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared (1997) by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.

Table 3-2: Agricultural and Forestry Resources
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
X
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X
c) Conflict with existing zoning for, or cause rezoning of, forestland (as defined in Public Resources Code
Section 12220(g)), timberland (as defined by Public
Resources Code Section 4526), or timberland zoned
Timberland Production (as defined by Government
Code Section 51104(g))?
X
d) Result in the loss of forest land or conversion of
forest land to non-forest use? X
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
X

3.2.1. Environmental Setting/Affected Environment
Sutter County is located within the northern portion of California’s Central Valley in the area known as the Sacramento Valley. It contains some of the richest soils in the State. These soils, combined with abundant surface and subsurface water supplies and a long, warm growing season, make Sutter County’s agricultural resources very productive. Sutter County is one of California’s leading agricultural counties,

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with 83 percent of the County’s total land acreage currently being used for agricultural purposes.

However, while Sutter County provides rich agricultural opportunities, the subject site is within an urban area and has been designated for urban uses for many years.

3.2.2. Federal Regulatory Setting
Farmland Protection Policy Act: The Natural Resources Conservation Service (NRCS), a federal agency within the U.S. Department of Agriculture (USDA), is the agency primarily responsible for implementation of the Farmland Protection Policy Act (FPPA). The FPPA was enacted after the 1981 Congressional report, Compact Cities: Energy-Saving Strategies for the Eighties indicated that a great deal of urban sprawl was the result of programs funded by the federal government. The purpose of the FPPA is to minimize federal programs’ contribution to the conversion of farmland to non-agricultural uses by ensuring that federal programs are administered in a manner that is compatible with state, local, and private programs designed to protect farmland. Federal agencies are required to develop and review their policies and procures to implement the FPPA every two years (USDA-NRCS, 2011). 2014 Farm Bill: The Agricultural Act of 2014 (the Act), also known as the 2014 Farm Bill, was signed by President Obama on Feb. 7, 2014. The Act repeals certain programs, continues some programs with modifications, and authorizes several new programs administered by the Farm Service Agency (FSA).

Most of these programs are authorized and funded through 2018.

The Farm Bill builds on historic economic gains in rural America over the past five years, while achieving meaningful reform and billions of dollars in savings for the taxpayer. It allows USDA to continue record accomplishments on behalf of the American people, while providing new opportunity and creating jobs across rural America. Additionally, it enables the USDA to further expand markets for agricultural products at home and abroad, strengthen conservation efforts, create new opportunities for local and regional food systems and grow the bio-based economy. It provides a dependable safety net for America's farmers, ranchers and growers and maintains important agricultural research, and ensure access to safe and nutritious food for all Americans.

Forestry Resources: Federal regulations regarding forestry resources are not relevant to the proposed Project because no forestry resources exist on the Project site or in the vicinity.

3.2.3. State Regulatory Setting
California Environmental Quality Act (CEQA) Definition of Agricultural Lands: Public Resources Code Section 21060.1 defines “agricultural land” for the purposes of assessing environmental impacts using the Farmland Mapping & Monitoring Program (FMMP). The FMMP was established in 1982 to assess the location, quality, and quantity of agricultural lands and the conversion of these lands. The FMMP provides analysis of agricultural land use and land use changes throughout California.

California Department of Conservation, Division of Land Resource Protection: The California Department of Conservation (DOC) applies the NRCS soil classifications to identify agricultural lands, and these agricultural designations are used in planning for the present and future of California’s agricultural land resources. Pursuant to the DOC’s FMMP, these designated agricultural lands are included in the Important Farmland Maps (IFM) used in planning for the present and future of California’s agricultural land resources. The FMMP was established in 1982 to assess the location, quality, and quantity of agricultural lands and the conversion of these lands. The FMMP provides analysis of agricultural land use and land use changes throughout California. The DOC has a minimum mapping unit of 10 acres, with parcels that are smaller than 10 acres being absorbed into the surrounding classifications.

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The list below provides a comprehensive description of all the categories mapped by the DOC. Collectively, lands classified as Prime Farmland, Farmland of Statewide Importance, and Unique Farmland is referred to as Farmland.
 Prime Farmland. Farmland that has the best combination of physical and chemical features able to sustain long‐term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date.  Farmland of Statewide Importance. Farmland similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date.
 Unique Farmland. Farmland of lesser quality soils used for the production of the State’s leading agricultural crops. This land is usually irrigated but may include non-irrigated orchards or vineyards as found in some climatic zones in California. Land must have been cropped at some time during the four years prior to the mapping date.
 Farmland of Local Importance. Land of importance to the local agricultural economy as determined by each county’s board of supervisors and a local advisory committee.  Grazing Land. Land on which the existing vegetation is suited to the grazing of livestock. This category was developed in cooperation with the California Cattlemen’s Association, University of California Cooperative Extension, and other groups interested in the extent of grazing activities.

The minimum mapping unit for Grazing Land is 40 acres.
 Urban and Built-up Land. Land occupied by structures with a building density of at least 1 unit to

1.5 acres, or approximately 6 structures to a 10‐acre parcel. This land is used for residential, industrial, commercial, institutional, public administrative purposes, railroad and other transportation yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, water control structures, and other developed purposes.  Other Land. Land not included in any other mapping category. Common examples include low density rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing; confined livestock, poultry, or aquaculture facilities; strip mines and borrow pits; and water bodies smaller than 40 acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land.

California Land Conservation Act (Williamson Act): The California Land Conservation Act of 1965, commonly referred to as the Williamson Act, is promulgated in California Government Code Section 51200‐51297.4, and therefore is applicable only to specific land parcels within the State of California. The Williamson Act enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space uses in return for reduced property tax assessments. Private land within locally designated agricultural preserve areas is eligible for enrollment under Williamson Act contracts. However, an agricultural preserve must consist of no less than 100 acres. In order to meet this requirement two or more parcels may be combined if they are contiguous, or if they are in common ownership.

The Williamson Act program is administered by the Department of Conservation (DOC), in conjunction with local governments, which administer the individual contract arrangements with landowners. The landowner commits the parcel to a 10‐year period, or a 20-year period for property restricted by a Farmland Security Zone Contract, wherein no conversion out of agricultural use is permitted. Each year

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the contract automatically renews unless a notice of non‐renewal or cancellation is filed. In return, the land is taxed at a rate based on the actual use of the land for agricultural purposes, as opposed to its unrestricted market value. An application for immediate cancellation can also be requested by the landowner, provided that the proposed immediate cancellation application is consistent with the cancellation criteria stated in the California Land Conservation Act and those adopted by the affected county or city. Non‐renewal or immediate cancellation does not change the zoning of the property.

Participation in the Williamson Act program is dependent on county adoption and implementation of the program and is voluntary for landowners.

Farmland Security Zone Act: The Farmland Security Zone Act is similar to the Williamson Act and was passed by the California State Legislature in 1999 to ensure that long-term farmland preservation is part of public policy. Farmland Security Zone Act contracts are sometimes referred to as “Super Williamson Act Contracts.” Under the provisions of this act, a landowner already under a Williamson Act contract can apply for Farmland Security Zone status by entering into a contract with the county. Farmland Security Zone classification automatically renews each year for an additional 20 years. In return for a further 35% reduction in the taxable value of land and growing improvements (in addition to Williamson Act tax benefits), the owner of the property promises not to develop the property into nonagricultural uses.

Forestry Resources: State regulations regarding forestry resources are not relevant to the proposed Project because no forestry resources exist on the project site or in the vicinity.

3.2.4. Impact Assessment/Environmental Consequences:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
The proposed Project site is approximately 9.16-acres, much of which was utilized as a mobile home park that has since been removed. The 2018 Department of Conservation Important Farmland Map for Sutter County identifies the Project site as “Urban and Built Up Land.” The Project site is not considered to have Prime Farmland, Farmland of Statewide Importance or Unique Farmland. The site is within the boundaries of the Yuba City urban area, surrounded by residential and commercial uses. Due to the property’s nonagricultural designation by the state and because it is designated by the General Plan for urban uses, and because it has been previously developed as a mobile home park, the property is not considered agricultural land so there will be no impact from the loss of agricultural land. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? The proposed Project site and surrounding area is currently zoned for urban type uses and is not under a Williamson Act contract. There will therefore be no impact related to a Williamson Act contract. c) Conflict with existing zoning for, or cause rezoning of, forestland (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4256), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? The proposed Project is located in the Sacramento Valley in a relatively flat area that was likely utilized for agriculture in the past. Many years ago, a mobile home park was constructed on the site, but has since been removed. The site has been designated for urban uses by the City for many years. There is no

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timberland located on the Project site or within the vicinity of the Project. There will be no impact on existing zoning of forestland and the proposed Project will not cause the rezoning of any forestlands. d) Result in the loss of forestland or conversion of forest land to non-forest use? There is no forested land on the Project site or within the vicinity of the Project; therefore, there will be no impact on forest land.
e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? The proposed Project is within the urban area and previously developed as a mobile home park, which has since been removed. There are no forestlands on the Project site or in the vicinity. See Part a) above for discussion on the loss of agricultural land.

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Air Quality
Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.

Table 3-3: Air Quality
Would the project?
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of the
applicable air quality plan? X
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard?
X
c) Expose sensitive receptors to substantial pollutant
concentrations? X
d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
X

3.3.1. Environmental Setting/Affected Environment
Yuba City is located within the Sacramento Valley Air Basin (SVAB), which consists of the northern half of the Central Valley and approximates the drainage basin for the Sacramento River and its tributaries. The SVAB is bounded on the west by the Coast Range, on the north by the Cascade Range, on the east by the Sierra Nevada, and on the south by the San Joaquin Valley Air Basin. The intervening terrain is flat, and approximately 70 feet above sea level. The SVAB consists of the counties of Butte, Colusa, Glenn, Sacramento, Shasta, Sutter, Tehama, Yolo, and Yuba and portions of Placer and Solano Counties.

Hot dry summers and mild rainy winters characterize the Mediterranean climate of the Sacramento Valley. The climate of the SVAB is dominated by the strength and position of the semi-permanent highpressure cell over the Pacific Ocean north of Hawaii. In summer, when the high-pressure cell is strongest and farthest north, temperatures are high and humidity is low, although the incursion of the sea breeze into the Central Valley helps moderate the summer heat. In winter, when the high-pressure cell is weakest and farthest south, conditions are characterized by occasional rainstorms interspersed with stagnant and sometimes foggy weather. Throughout the year, daily temperatures may range from summer highs often exceeding 100 degrees Fahrenheit and winter lows occasionally below freezing. Average annual rainfall is about 20 inches with snowfall being very rare. The prevailing winds are moderate in strength and vary from moist clean breezes from the south to dry land flows from the north.

In addition to prevailing wind patterns that control the rate of dispersion of local pollutant emissions, the region experiences two types of inversions that affect the vertical depth of the atmosphere through which pollutants can be mixed. In the warmer months in the SVAB (May through October), sinking air forms a "lid" over the region. These subsidence inversions contribute to summer photochemical smog problems by confining pollution to a shallow layer near the ground. These warmer months are characterized by stagnant morning air or light winds with the delta sea breeze arriving in the afternoon out of the southwest. Usually, the evening breeze transports the airborne pollutants to the north and out of the

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SVAB. During about half of the day from July to September, however, a phenomenon called the “Schultz Eddy” prevents this from occurring. Instead of allowing the prevailing wind patterns to move north carrying the pollutants out of the valley, the Schultz Eddy causes the wind pattern to circle back south.

This phenomenon exacerbates the pollution levels in the area and increases the likelihood of violating federal or State standards. The Schultz Eddy normally dissipates around noon when the Delta sea breeze begins. In the second type of inversion, the mountains surrounding the SVAB create a barrier to airflow, which can trap air pollutants in the valley. The highest frequency of air stagnation occurs in the autumn and early winter when large high-pressure cells lie over the valley. The air near the ground cools by radiative processes, while the air aloft remains warm. The lack of surface wind during these periods and the reduced vertical flow caused by less surface heating reduces the influx of outside air and allows air pollutants to become concentrated in a stable volume of air. These inversions typically occur during winter nights and can cause localized air pollution "hot spots" near emission sources because of poor dispersion. The surface concentrations of pollutants are highest when these conditions are combined with smoke from agricultural burning or when temperature inversions trap cool air and pollutants near the ground. Although these subsidence and radiative inversions are present throughout much of the year, they are much less dominant during spring and fall, and the air quality during these seasons is generally good.”
Local Climate: The climate of Sutter County is subject to hot dry summers and mild rainy winters, which characterize the Mediterranean climate of the SVAB. Summer temperatures average approximately 90 degrees Fahrenheit during the day and 50 degrees Fahrenheit at night. Winter daytime temperatures average in the low 50s and nighttime temperatures are mainly in the upper 30s. During summer, prevailing winds are from the south. This is primarily because of the north-south orientation of the valley and the location of the Carquinez Straits, a sea-level gap in the coast range that is southwest of Sutter County.

Criteria Air Pollutants: Criteria air pollutants are a group of pollutants for which federal or State regulatory agencies have adopted ambient air quality standards. Criteria air pollutants are classified in each air basin, county, or in some cases, within a specific urbanized area. The classification is determined by comparing actual monitoring data with State and federal standards. If a pollutant concentration is lower than the standard, the area is classified as “attainment” for that pollutant. If an area exceeds the standard, the area is classified as “non-attainment” for that pollutant. If there is not enough data available to determine whether the standard is exceeded in an area, the area is designated “unclassified.” Ambient Air Quality Standards: Both the federal and State government have established ambient air quality standards for outdoor concentrations of various pollutants in order to protect public health. The federal and State ambient air quality standards have been set at levels whose concentrations could be generally harmful to human health and welfare and to protect the most sensitive persons from experiencing health impacts with a margin of safety. Applicable ambient air quality standards are identified later in this section. The air pollutants for which federal and State standards have been promulgated and which are most relevant to air quality planning and regulation in the air basins include ozone, carbon monoxide, nitrogen oxides, suspended particulate matter, sulfur dioxide, and lead. In addition, toxic air contaminants are of concern in Sutter County. Each of these pollutants is briefly described below.

Ozone (O3): is a gas that is formed when reactive organic gases (ROGs) and nitrogen oxides (NOX), both byproducts of internal combustion engine exhaust and other processes undergo slow photochemical reactions in the presence of sunlight. Ozone concentrations are generally highest during the summer months when direct sunlight, light wind, and warm temperature conditions are favorable to the formation of this pollutant.

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Carbon Monoxide (CO): is a colorless, odorless gas produced by the incomplete combustion of fuels. CO concentrations tend to be the highest during the winter morning, with little to no wind, when surfacebased inversions trap the pollutant at ground levels. Because CO is emitted directly from internal combustion engines, unlike ozone, motor vehicles operating at slow speeds are the primary source of CO in the SVAB. The highest ambient CO concentrations are generally found near congested transportation corridors and intersections.

Nitrogen Oxides (NOX): is the generic term for a group of highly reactive gases, all of which contain nitrogen and oxygen in varying amounts. Many of the nitrogen oxides are colorless and odorless.

However, one common pollutant, nitrogen dioxide (NO2) along with particles in the air can often be seen as a reddish-brown layer over many urban areas. Nitrogen oxides form when fuel is burned at high temperatures, as in a combustion process. The primary manmade sources of NOX are motor vehicles, electric utilities, and other industrial, commercial, and residential sources that burn fuels.

Nitrogen oxides can also be formed naturally.

Respirable Particulate Matter (PM10) and Fine Particulate Matter (PM2.5): consist of extremely small, suspended particles or droplets 10 microns and 2.5 microns or smaller in diameter. Some sources of suspended particulate matter, like pollen and windstorms, occur naturally. However, in populated areas, most fine suspended particulate matter is caused by road dust, diesel soot, and combustion products, abrasion of tires and brakes, and construction activities.

Sulfur Dioxide (SO2): is a colorless, extremely irritating gas or liquid. It enters the atmosphere as a pollutant mainly as a result of the burning of high sulfur-content fuel oils and coal, and from chemical processes occurring at chemical plants and refineries.

Lead: occurs in the atmosphere as particulate matter. The combustion of leaded gasoline is the primary source of airborne lead. Since the use of leaded gasoline is no longer permitted for on-road motor vehicles, lead is not a pollutant of concern in the SVAB.

Toxic Air Contaminants (TACs): are known to be highly hazardous to health, even in small quantities. TACs are airborne substances capable of causing short-term (acute) and/or long-term (chronic or carcinogenic) adverse human health effects (i.e., injury or illness). TACs can be emitted from a variety of common sources, including gasoline stations, automobiles, dry cleaners, industrial operations, and painting operations.

TAC impacts are assessed using a maximum individual cancer risk (MICR) that estimates the probability of a potential maximally exposed individual (MEI) contracting cancer as a result of sustained exposure to toxic air contaminants over a constant period of 24 hours per day for 70 years for residential receptor locations. The CARB and local air districts have determined that any stationary source posing an incremental cancer risk to the general population (above background risk levels) equal to or greater than 10 people out of 1 million to be excessive. For stationary sources, if the incremental risk of exposure to project-related TAC emissions meets or exceeds the threshold of 10 excess cancer cases per 1 million people, the CARB and local air district require the installation of best available control technology (BACT) or maximum available control technology (MACT) to reduce the risk threshold. To assess risk from ambient air concentrations, the CARB has conducted studies to determine the total cancer inhalation risk to individuals due to outdoor toxic pollutant levels. The CARB has conducted studies to determine the total cancer inhalation risk to individuals due to outdoor toxic pollutant levels. According to the map prepared by the CARB showing the estimated inhalation cancer risk for TACs in the State of California, Sutter County has an existing estimated risk that is between 50 and 500 cancer cases per 1 million people.

A significant portion of Sutter County is within the 100 to 250 cancer cases per 1 million people range.

There is a higher risk around Yuba City where the cancer risk is as high as 500 cases per 1 million people.

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There are only very small portions of the County where the cancer risk is between 50 and 100 cases. This represents the lifetime risk that between 50 and 500 people in 1 million may contract cancer from inhalation of toxic compounds at current ambient concentrations under an MEI scenario.

3.3.2. Federal Regulatory Setting
Clean Air Act: The federal Clean Air Act of 1970 (as amended in 1990) required the U.S. Environmental Protection Agency (EPA) to develop standards for pollutants considered harmful to public health or the environment. Two types of National Ambient Air Quality Standards (NAAQS) were established. Primary standards protect public health, while secondary standards protect public welfare, by including protection against decreased visibility, and damage to animals, crops, landscaping and vegetation, or buildings.

NAAQS have been established for six “criteria” pollutants: carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), ozone (O3), particulate matter (PM10 and PM2.5), and lead (Pb).

3.3.3. State Regulatory Setting
California Air Resources Board: The California Air Resources Board (CARB) is the state agency responsible for implementing the federal and state Clean Air Acts. CARB has established California Ambient Air Quality Standards (CAAQS), which include all criteria pollutants established by the NAAQS, but with additional regulations for Visibility Reducing Particles, sulfates, hydrogen sulfide (H2S), and vinyl chloride. The proposed Project is located within the Sacramento Valley Air Basin, which includes Butte, Colusa, Glenn, Tehama, Shasta, Yolo, Sacramento, Yuba Sutter and portions of Placer, El Dorado and Solano counties. Air basins are classified as attainment, nonattainment, or unclassified. The FRAQMD is comprised Sutter and Yuba Counties. Attainment is achieved when monitored ambient air quality data is in compliance with the standards for a specified pollutant. Non-compliance with an established standard will result in a nonattainment designation and an unclassified designation indicates insufficient data is available to determine compliance for that pollutant.

California Clean Air Act: The CCAA requires that all air districts in the state endeavor to achieve and maintain CAAQS for Ozone, CO, SO2, and NO2 by the earliest practical date. The CCAA specifies that districts focus particular attention on reducing the emissions from transportation and area-wide emission sources, and the act provides districts with authority to regulate indirect sources. Each district plan is required to either (1) achieve a five percent annual reduction, averaged over consecutive 3-year periods, in district-wide emissions of each non-attainment pollutant or its precursors, or (2) to provide for implementation of all feasible measures to reduce emissions. Any planning effort for air quality attainment would thus need to consider both state and federal planning requirements.

CARB Portable Equipment Registration Program: This program was designed to allow owners and operators of portable engines and other common construction or farming equipment to register their equipment under a statewide program so they may operate it statewide without the need to obtain a permit from the local air district.

U.S. EPA/CARB Off-Road Mobile Sources Emission Reduction Program: The California Clean Air Act (CCAA) requires CARB to achieve a maximum degree of emissions reductions from off-road mobile sources to attain State Ambient Air Quality Standards (SAAQS); off- road mobile sources include most construction equipment. Tier 1 standards for large compression-ignition engines used in off-road mobile sources went into effect in California in 1996. These standards, along with ongoing rulemaking, address emissions of nitrogen oxides (NOX) and toxic particulate matter from diesel engines. CARB is currently developing a

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control measure to reduce diesel PM and NOX emissions from existing off-road diesel equipment throughout the state.

California Global Warming Solutions Act: Established in 2006, Assembly Bill 32 (AB 32) requires that California’s GHG emissions be reduced to 1990 levels by the year 2020. This will be implemented through a statewide cap on GHG emissions, which will be phased in beginning in 2012. AB 32 requires CARB to develop regulations and a mandatory reporting system to monitor global warming emissions level.

3.3.4. Regional Regulatory Setting
Feather River Air Quality Management District (FRAQMD): The FRAQMD is a bi-county district formed in 1991 to administer local, state, and federal air quality management programs for Yuba and Sutter Counties within the Sacramento Valley Air Basin. The goal of the FRAQMD is to improve air quality in the region through monitoring, evaluation, education and implementing control measures to reduce emissions from stationary sources, permitting and inspection of pollution sources, enforcement of air quality regulations and by supporting and implementing measures to reduce emissions from motor vehicles.

The FRAQMD adopted its Indirect Source Review guidelines document for assessment and mitigation of air quality impacts under CEQA in 1998. The guide contains criteria and thresholds for determining whether a project may have a significant adverse impact on air quality, and methods available to mitigate impacts on air quality. FRAQMD updated its Indirect Source Review Guidelines to reflect the most recent methods recommended to evaluate air quality impacts and mitigation measures for land use development projects in June 2010. This analysis uses guidance and thresholds of significance from the 2010 FRAQMD Indirect Source Review Guidelines to evaluate the proposed project’s air quality impacts.

According to FRAQMD’s 2010 Indirect Source Review Guidelines, a project would be considered to have a significant impact on air quality if it would:
 Generate daily construction or operational emissions that would exceed 25 pounds per day for reactive organic gases (ROG), 25 pounds per day for oxides of nitrogen (NOX), or 80 pounds per day for PM10; or generate annual construction or operational emissions of ROG or NOX that exceed 4.5 tons per year.

Northern Sacramento Valley Planning Area 2015 Air Quality Attainment Plan: As specified in the California Clean Air Act of 1988 (CCAA), Chapters 1568-1588, it is the responsibility of each air district in California to attain and maintain the state’s ambient air quality standards. The CCAA requires that an Attainment Plan be developed by all nonattainment districts for O3, CO, SOx, and NOx that are either receptors or contributors of transported air pollutants. The purpose of the Northern Sacramento Valley Planning Area 2015 Triennial Air Quality Attainment Plan (TAQAP) is to comply with the requirements of the CCAA as implemented through the California Health and Safety Code. Districts in the NSVPA are required to update the Plan every three years. The TAQAP is formatted to reflect the 1990 baseline emissions year with a planning horizon of 2020. The Health and Safety Code, sections 40910 and 40913, require the Districts to achieve state standards by the earliest practicable date to protect the public health, particularly that of children, the elderly, and people with respiratory illness.

Health and Safety Code Section 41503(b): Requires that control measures for the same emission sources are uniform throughout the planning area to the extent that is feasible. To meet this requirement, the NSVPA has coordinated the development of an Attainment Plan and has set up a specific rule adoption protocol. The protocol was established by the Technical Advisory Committee of the Sacramento Valley Basin-wide Air Pollution Control Council and the Sacramento Valley Air Quality Engineering and

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Enforcement Professionals, which allow the Districts in the Basin to act and work as a united group with the CARB as well as with industry in the rule adoption process. Section 40912 of the Health and Safety Code states that each District responsible for, or affected by, air pollutant transport shall provide for attainment and maintenance of the state and federal standards in both upwind and downwind Districts.

This section also states that each downwind District’s Plan shall contain sufficient measures to reduce emissions originating in each District to below levels which violate state ambient air quality standards, assuming the absence of transport contribution
Construction Generated Emissions of Criteria Air Pollutants: The District recommends the following best management practices:
 Implement the Fugitive Dust Control Plan.
 Construction equipment exhaust emissions shall not exceed FRAQMD Regulation III, Rule 3.0,  Visible Emissions limitations (40 percent opacity or Ringelmann 2.0).  The contractor shall be responsible to ensure that all construction equipment is properly tuned and maintained prior to and for the duration of onsite operation.  Limiting idling time to 5 minutes – saves fuel and reduces emissions.  Utilize existing power sources or clean fuel generators rather than temporary power generators.  Develop a traffic plan to minimize traffic flow interference from construction activities. The plan may include advance public notice of routing, use of public transportation, and satellite parking areas with a shuttle service. Schedule operations affecting traffic for off-peak hours. Minimize obstruction of through-traffic lanes. Provide a flag person to guide traffic properly and ensure safety at construction sites.
 Portable engines and portable engine-driven equipment units used at the project work site, with the exception of on-road and off-road motor vehicles, may require California Air Resources Board (ARB) Portable Equipment Registration with the State or a local district permit. The owner/operator shall be responsible for arranging appropriate consultations with the ARB or the District to determine registration and permitting requirements prior to equipment operation at the site.

3.3.5. Impact Assessment/Environmental Consequences:
a) Conflict with or obstruct implementation of the applicable air quality plan? Development of the site will include site grading and construction of 66 half-plexes and six single-family residences. As such, grading the site would briefly create equipment exhaust and fugitive dust from this activity. Ongoing air quality impacts will be from exhaust generated by vehicle traffic from the new residences. Standards set by FRQAMD, CARB, and Federal agencies relating to the proposed Project will apply to this Project. Prior to the initiation of construction, a Fugitive Dust Control Plan would be submitted to FRAQMD as a part of standard measures required by the District. An Indirect Source Review (ISR) application will be filed with the Air District to address emissions from construction.

Since the developer(s) of the Project must prepare an air quality analysis and incorporate the resulting conditions into the Project, and that a fugitive dust control plan be submitted prior to beginning work on the subdivision, any potential significant environmental impacts should be reduced to less than significant.

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b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Any development that would result from this RZ/TSM would generate some criteria pollutants during its construction and from vehicle traffic generated by the new development. However, FRAQMD did not comment that the standards would be exceeded by this Project to the extent of being cumulatively significant. Therefore, the cumulative impacts are considered to be less than significant. c) Expose sensitive receptors to substantial pollutant concentrations? The FRAQMD defines sensitive receptors as: facilities that house or attract children, the elderly, and people with illnesses, or others who are especially sensitive to the effects of air pollutants. FRAQMD states that if a project is located within 1,000 feet of a sensitive receptor location, the impact of diesel particulate matter shall be evaluated. According to the FRAQMD’s Indirect Source Review Guidelines, “Construction activity can result in emissions of particulate matter from the diesel exhaust (diesel PM) of construction equipment.

There are no sensitive receptors within 1,000 feet of the Project. However, the Best Management Practices (BMPs) that will be used to reduce the impact from off-road diesel equipment include:
 Install diesel particulate filters or implement other ARB-verifies diesel emission control strategies on all construction equipment to further reduce diesel PM emissions beyond the 45% reduction required by the Districts Best Available Mitigation Measure for Construction Phase;  Use equipment during times when receptors are not present (e.g., when school is not in session or during non-school hours; or when office buildings are unoccupied);  Establish staging areas for the construction equipment that are as distant as possible from off-site receptors;
 Establish an electricity supply to the construction site and use electric powered equipment instead of diesel-powered equipment or generators, where feasible;  Use haul trucks with on-road engines instead of off-road engines even for on-site hauling;  Equip nearby buildings with High Efficiency Particle Arresting (HEPA) filter systems at all mechanical air intake points to the building to reduce the levels of diesel PM that enter the buildings.

Due to the temporary nature of construction, and assuming all FRAQMD criteria is met as required, and that there are no nearby sensitive receptors, air quality impacts would be less than significant. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Construction of residences typically do not generate objectionable odors. As such, the impact of the Project creating local offensive odors would be less than significant

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3.4 Biological Resources
Table 3.4: Biological Resources
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
X
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
X
c) Have a substantial adverse effect on states or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or
other means?
X
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
X
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
X
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
X

3.4.1. Environmental Setting/Affected Environment
The 9.16 acres is vacant, haven previously been cleared of the mobile home park and all vegetation, and it is within the urbanized area. The property is surrounded by both residential and commercial urban uses. There are no riparian areas or known critical habitat areas on-site or in the vicinity.

3.4.2. Federal & State Regulatory Setting
Threatened and Endangered Species: State and federal “endangered species” legislation has provided California Department of Fish & Wildlife (CDFW) and United States Fish and Wildlife Service (USFWS) with a mechanism for conserving and protecting plant and animal species of limited distribution and/or low or declining populations. Species listed as threatened or endangered under provisions of the state and federal endangered species acts, candidate species for such listing, state species of special concern, and some plants listed as endangered by the California Native Plant Society are collectively referred to as

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“species of special status.” Permits may be required from both the CDFW and USFWS if activities associated with a proposed project will result in the “take” of a listed species. “Take” is defined by the state of California as “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture or kill” (California Fish and Game Code, Section 86). “Take” is more broadly defined by the federal Endangered Species Act to include “harm” (16 USC, Section 1532(19), 50 CFR, Section 17.3). Furthermore, the CDFW and the USFWS are responding agencies under CEQA. Both agencies review CEQA documents in order to determine the adequacy of their treatment of endangered species issues and to make projectspecific recommendations for their conservation.

Migratory Birds: State and federal laws also protect most birds. The Federal Migratory Bird Treaty Act (16U.S.C., scc. 703, Supp. I, 1989) prohibits killing, possessing, or trading in migratory birds, except in accordance with regulations prescribed by the Secretary of the Interior. This act encompasses whole birds, parts of birds, and bird nests and eggs.

Birds of Prey: Birds of prey are also protected in California under provisions of the California Fish and Game Code, Section 3503.5, which states that it is “unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.” Construction disturbance during the breeding season could result in the incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment. Disturbance that causes nest abandonment and/or loss of reproductive effort is considered “taking” by the CDFW.

Wetlands and Other Jurisdictional Waters: Natural drainage channels and adjacent wetlands may be considered “Waters of the United States” subject to the jurisdiction of the USACE. The extent of jurisdiction has been defined in the Code of Federal Regulations but has also been subject to interpretation of the federal courts.

Waters of the U.S. generally include:
 All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters, which are subject to the ebb and flow of the tide.
 All interstate waters including interstate wetlands.
 All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which could affect interstate or foreign commerce.  All impoundments of waters otherwise defined as waters of the United States under the definition.
 Tributaries of waters identified in the bulleted items above.

As determined by the United States Supreme Court in its 2001 Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) decision, channels and wetlands isolated from other jurisdictional waters cannot be considered jurisdictional on the basis of their use, hypothetical or observed, by migratory birds. Similarly, in its 2006 consolidated Carabell/Rapanos decision, the U.S.

Supreme Court ruled that a significant nexus between a wetland and other navigable waters must exist for the wetland itself to be considered a navigable, and therefore, jurisdictional water.

The USACE regulates the filling or grading of Waters of the U.S. under the authority of Section 404 of the Clean Water Act. The extent of jurisdiction within drainage channels is defined by “ordinary high-water marks” on opposing channel banks. All activities that involve the discharge of dredge or fill material into

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Waters of the U.S. are subject to the permit requirements of the USACE. Such permits are typically issued on the condition that the applicant agrees to provide mitigation that result in no net loss of wetland functions or values. No permit can be issued until the Regional Water Quality Control Board (RWQCB) issues a Section 401 Water Quality Certification (or waiver of such certification) verifying that the proposed activity will meet state water quality standards.

CEQA Guidelines Section 15380: Although threatened and endangered species are protected by specific federal and state statutes, CEQA Guidelines section 15380(d) provides that a species not listed on the federal or state list of protected species may be considered rare or endangered if the species can be shown to meet certain specific criteria that define “endangered” and “rare” as specified in CEQA Guidelines section 15380(b).

3.4.3. Local Regulatory Setting
The General Plan provides the following policies for the protection of biological resources within the project area:

8.4-G-1 Protect special status species, in accordance with State regulatory requirements.

8.4-G-2 Protect and enhance the natural habitat features of the Feather River and new open space corridors within and around the urban growth area.

8.4-G-3 Preserve and enhance heritage oaks in the Planning Area.

8.4-G-4 Where appropriate, incorporate natural wildlife habitat features into public landscapes, parks, and other public facilities

8.4-I-1 Require protection of sensitive habitat area and special status species in new development site designs in the following order: 1) avoidance; 2) onsite mitigation; 3) offsite mitigation. Require assessments of biological resources prior to approval of any development within 300 feet of any creeks, sensitive habitat areas, or areas of potential sensitive status species.

8.4-I-2 Require preservation of oak trees and other native trees that are of a significant size, by requiring site designs to incorporate these trees to the maximum extent feasible.

8.4-I-3 Require to the extent feasible, use of drought tolerant plants in landscaping for new development, including private and public projects.

3.4.4. Impact Assessment/Environmental Consequences:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Please see the response for b) below for this item.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
There are no nearby waterways or other water bodies or riparian areas on this property or nearby.

Additionally, the property was cleared of trees and other vegetation prior to this review and is

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substantially surrounded by existing urban development. Therefore, the impact on biological resources by this project is considered to be a less than significant impact. c) Have a substantial adverse effect on states or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No wetlands or federal jurisdictional waters of the U.S. are present within the proposed Project area or general vicinity. There would be no impact on any wetland areas or waterways. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
The proposed Project would not disturb any waterways, as the nearest waterway is the Feather River, being several miles to the east. Therefore, migratory fish would not be affected. Nor are there any trees remaining on the property. As such there would be no significant impacts on fish or wildlife habitat. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No native trees or other biological resources that would be protected by local policies or ordinances exist on the Project site. The EIR prepared for the General Plan did not identify any critical species in the vicinity. As such, the impacts on biological resources caused by this Project will be less than significant. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? There are no adopted Habitat Conservation Plans, Natural Community Conservation Plans, or any other approved local, regional, or state habitat conservation plans in the vicinity of this Project.

Cultural Resources
Table 3.5: Cultural Resources
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§15064.5.

X
b) Cause a substantial adverse change in the
significance of an archeological resource pursuant
to § 15064.5.

X
c) Disturb any human remains, including those
interred outside of dedicated cemeteries? X

3.5.1. Federal Regulatory Setting

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National Historic Preservation Act of 1966 (as amended), Section 106: The significance of cultural resources is evaluated under the criteria for inclusion in the National Register of Historic Places (NRHP), authorized under the National Historic Preservation Act of 1966, as amended. The criteria defined in 36 CFR 60.4 are as follows:

The quality of significance in American history, architecture, archaeology, and culture is present in districts, sites, buildings, structures, and objects of state and local importance that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:
 That are associated with events that have made a significant contribution to the broad patterns of our history; or
 That are associated with the lives of persons significant in our past; or  That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or  That have yielded, or may be likely to yield, information important to prehistory or history.

Sites listed or eligible for listing on the NRHP are considered to be historic properties. Sites younger than 50 years, unless of exceptional importance, are not eligible for listing in the NRHP.

3.5.2. State Regulatory Setting
CEQA requires consideration of project impacts on archaeological or historical sites deemed to be "historical resources." Under CEQA, a substantial adverse change in the significant qualities of a historical resource is considered a significant effect on the environment. For the purposes of CEQA, a "historical resource" is a resource listed in, or determined to be eligible for listing in, the California Register of Historical Resources (Title 14 CCR §15064.5[a][1]-[3]). Historical resources may include, but are not limited to, "any object, building, site, area, place, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California" (PRC §5020.1[j]).

The eligibility criteria for the California Register are the definitive criteria for assessing the significance of historical resources for the purposes of CEQA (Office of Historic Preservation). Generally, a resource is considered "historically significant" if it meets one or more of the following criteria for listing on the California Register:
 Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage.
 Is associated with the lives of persons important in our past.  Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.  Has yielded, or may be likely to yield, information important in prehistory or history. (PRC §5024.1[c])
In addition, the resource must retain integrity. Integrity is evaluated with regard to the retention of location, design, setting, materials, workmanship, feeling, and association (CCR Title 14, § 4852(c)).

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Historical resources may include, but are not limited to, "any object, building, site, area, place, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California" (PRC §5020.1[j]).

California Health and Safety Code Section 7050.5: Health and Safety Code states that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the remains are discovered has determined whether or not the remains are subject to the coroner’s authority. If the human remains are of Native American origin, the coroner must notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Native American Most Likely Descendant (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods.

3.5.3. Native American Consultation
In September of 2014, the California Legislature passed Assembly Bill (AB) 52, which added provisions to the PRC regarding the evaluation of impacts on tribal cultural resources under CEQA, and consultation requirements with California Native American tribes. In particular, 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
No tribal comments were received.

3.5.4. Impact Assessment/Environmental Consequences:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5.

There are no remaining structures on the property. Therefore, the potential impacts on any historical resources are less than significant.
b) Cause a substantial adverse change in the significance of an archeological resource pursuant to § 15064.5.

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See c) below.
c) Disturb any human remains, including those interred outside of dedicated cemeteries? The property previously was used as a mobile home park, but the approximately 9.16-acre property has been cleared of all buildings and structures. No dedicated cemeteries or other places of human internment are likely to exist on the Project site. However, there still remains the potential for previously unknown sub-surface resources to be present. In order to avoid potential impacts to unknown remains, a mitigation measure is provided in Section 3.18 to ensure impacts on any remaining historical resources or Native American cultural resources are less than significant.

3.6 Energy
Table 3-6: Energy
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Result in potentially significant environmental
impacts due to wasteful, inefficient, or unnecessary
consumption of energy resources during project
construction or operation?
X
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency? X

3.6.1 State Regulatory Setting
California has implemented numerous energy efficiency and conservation programs that have resulted in substantial energy savings. The State has adopted comprehensive energy efficiency standards as part of its Building Standards Code, California Codes of Regulations, Title 24. In 2009, the California Building Standards Commission adopted a voluntary Green Building Standards Code, also known as CALGreen, which became mandatory in 2011. Both Title 24 and CALGreen are implemented by the City of Yuba City in conjunction with its processing of building permits.

CALGreen sets forth mandatory measures, applicable to new residential and nonresidential structures as well as additions and alterations, on water efficiency and conservation, building material conservation, interior environmental quality, and energy efficiency. California has adopted a Renewables Portfolio Standard, which requires electricity retailers in the state to generate 33% of electricity they sell from renewable energy sources (i.e., solar, wind, geothermal, hydroelectric from small generators, etc.) by the end of 2020. In 2018, SB 100 was signed into law, which increases the electricity generation requirement from renewable sources to 60% by 2030 and requires all the state's electricity to come from carbon-free resources by 2045.

3.6.2. Impact Assessment/Environmental Consequences

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a) Result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation? Site preparation, grading and construction would involve fuel consumption and use of other nonrenewable resources. Construction equipment used for such improvements typically runs on diesel fuel or gasoline. The same fuels typically are used for vehicles that transport equipment and workers to and from a construction site. However, construction-related fuel consumption would be finite, short-term, and consistent with construction activities of a similar character. This energy use would not be considered wasteful, inefficient, or unnecessary.

Electricity may be used for equipment operation during construction activities. It is expected that more electrical construction equipment would be used in the future, as it would generate fewer air pollutant and GHG emissions. This electrical consumption would be consistent with construction activities of a similar character; therefore, the use of electricity in construction activities would not be considered wasteful, inefficient, or unnecessary, especially since fossil fuel consumption would be reduced.

Moreover, under California’s Renewables Portfolio Standard, a greater share of electricity would be provided from renewable energy sources over time, so less fossil fuel consumption to generate electricity would occur.

The Project would be required to comply with CALGreen and with the building energy efficiency standards of California Code of Regulations Title 24, Part 6 in effect at the time of Project approval. Compliance with these standards would reduce energy consumption associated with project operations, although reductions from compliance cannot be readily quantified. Overall, project construction would typically not consume energy resources in a manner considered wasteful, inefficient, or unnecessary.

Following construction of the duplexes and single-family residences, the main sources of energy consumption would be ongoing residential activities and vehicle usage. However, as FRAQMD did not comment on this Project, the impacts from the new uses and associated vehicle traffic would be less than significant.

Project impacts related to energy consumption are considered less than significant. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Development that could result from this Project would be required to be consistent with applicable state and local plans for increased energy efficiency. Thus, the Project’s impacts would be less than significant.

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3.7 Geology and Soils
Table 3.7: Geology and Soils
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Directly or indirectly create potential substantial
adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area, or based on other
substantial evidence of a known fault? Refer
to Division of Mines and Geology Special
Publication 42
X
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, including
liquefaction? X
iv) Landslides? X
b) Result in substantial soil erosion or the loss of
topsoil? X
c) Be located on a geological unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in onor off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
X
d) Be located on expansive soil, as defined in the
California Building Code creating substantial direct
or indirect risks to life or property?
X
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater?
X
f) Directly or indirectly destroy a unique
paleontological resources or site or unique
geologic feature?
X

3.7.1 Environmental Setting/Affected Environment
Topography and Geology: According to the Sutter County General Plan, Sutter County is located in the flat surface of the Great Valley geomorphic province of California. The Great Valley is an alluvial plain approximately 50 miles wide and 400 miles long in the central portion of California. The Great Valley’s northern portion is the Sacramento Valley, drained by the Sacramento River, and its southern portion is the San Joaquin Valley, drained by the San Joaquin River. The geology of the Great Valley is typified by thick sequences of alluvial sediments derived primarily from erosion of the mountains of the Sierra Nevada to the east, and to a lesser extent, erosion of the Klamath Mountains and Cascade Range to the

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north. These sediments were transported downstream and subsequently laid down as a river channel, floodplain deposits, and alluvial fans.

Seismic Hazards: Earthquakes are due to a sudden slip of plates along a fault. Seismic shaking is typically the greatest cause of losses to structures during earthquakes. Earthquakes can cause structural damage, injury, and loss of life, as well as damage to infrastructure networks such as water, power, gas, communication, and transportation lines. Other damage-causing effects of earthquakes include surface rupture, fissuring, settlement, and permanent horizontal and vertical shifting of the ground. Secondary impacts can include landslides, seiches, liquefaction, and dam failure.

Seismicity: Although all of California is typically regarded as seismically active, the Central Valley region does not commonly experience strong ground shaking resulting from earthquakes along known and previously unknown active faults. Though no active earthquake faults are known to exist in Yuba City, active faults in the region could generate ground motion felt within the County. Numerous earthquakes of magnitude 5.0 or greater on the Richter scale have occurred on regional faults, primarily those within the San Andreas Fault System in the region. There are several potentially active faults underlying the Sutter Buttes, which are associated with deep-seated volcanism.

The faults identified in Sutter County include the Quaternary Faults, located in the northern section of the County within the Sutter Buttes, and the Pre-Quaternary Fault, located in the southeast of the City, just east of where Highway 70 enters into the County. Both Faults are listed as non-active faults but have the potential for seismic activity.

Ground Shaking: As stated in the Sutter County Multi-Hazard Mitigation Plan, although the County has felt ground shaking from earthquakes with epicenters located elsewhere, no major earthquakes or earthquake related damage has been recorded within the County. Based on historic data and known active or potentially active faults in the region, parts of Sutter County have the potential to experience low to moderate ground shaking. The intensity of ground shaking at any specific site depends on the characteristics of the earthquake, the distance from the earthquake fault, and on the local geologic and soils conditions. Fault zone maps are used to identify where such hazards are more likely to occur based on analyses of faults, soils, topography, groundwater, and the potential for earthquake shaking sufficiently strong to trigger landslide and liquefaction.

Liquefaction: Liquefaction, which can occur in earthquakes with strong ground shaking, is mostly found in areas with sandy soil or fill and a high-water table located 50 feet or less below the ground surface.

Liquefaction can cause damage to property with the ground below structures liquefying making the structure unstable causing sinking or other major structural damage. Evidence of liquefaction may be observed in "sand boils,” which are expulsions of sand and water from below the surface due to increased pressure below the surface.

Liquefaction during an earthquake requires strong shaking and is not likely to occur in the city due to the relatively low occurrence of seismic activity in the area; however, the clean sandy layers paralleling the Sacramento River, Feather River, and Bear River have lower soil densities and high overall water table are potentially a higher risk area if major seismic activity were to occur. Areas of bedrock, including the Sutter Buttes have high density compacted soils and contain no liquefaction potential, although localized areas of valley fill alluvium can have moderate to high liquefaction potential.

Landslides: Landslides are downward and outward movements of slope forming materials which may be rock, soil, artificial fill, or combinations of such materials. The size of landslides varies from those containing less than a cubic yard of material to massive ones containing millions of cubic yards. Large landslides may move down slope for hundreds of yards or even several miles. A landslide may move rapidly or so slow that a change of position can be noted only over a period of weeks or years. A similar,

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but much slower movement is called creep. The susceptibility of a given area to landslides depends on a great many variables. With the exception of the Sutter Buttes, Yuba City is located in a landslide-free zone due to the flat topography. The Sutter Buttes are considered to be in a low landslide hazard zone as shown in Bulletin 198 by the California Division of Mines and Geology.

Soil Erosion: Erosion is a two-step process by which soils and rocks are broken down or fragmented and then transported. The breakdown processes include mechanical abrasion, dissolution, and weathering.

Erosion occurs naturally in most systems but is often accelerated by human activities that disturb soil and vegetation. The rate at which erosion occurs is largely a function of climate, soil cover, slope conditions, and inherent soil properties such as texture and structure. Water is the dominant agent of erosion and is responsible for most of the breakdown processes as well as most of the transport processes that result in erosion. Wind may also be an important erosion agent. The rate of erosion depends on many variables including the soil or rock texture and composition, soil permeability, slope, extent of vegetative cover, and precipitation amounts and patterns. Erosion increases with increasing slope, increasing precipitation, and decreasing vegetative cover. Erosion can be extremely high in areas where vegetation has been removed by fire, construction, or cultivation. High rates of erosion may have several negative impacts including degradation and loss of agricultural land, degradation of streams and other water habitats, and rapid silting of reservoirs.

Subsidence: Subsidence is the sinking of a large area of ground surface in which the material is displaced vertically downward, with little or no horizontal movement. Subsidence is usually a direct result of groundwater, oil, or gas withdrawal. These activities are common in several areas of California, including parts of the Sacramento Valley and in large areas of the San Joaquin Valley. Subsidence is a greater hazard in areas where subsurface geology includes compressible layers of silt and clay. Subsidence due to groundwater withdrawal generally affects larger areas and presents a more serious hazard than does subsidence due to oil and gas withdrawal. In portions of the San Joaquin Valley, subsidence has exceeded 20 feet over the past 50 years. In the Sacramento Valley, preliminary studies suggest that much smaller levels of subsidence, up to two feet may have occurred. In most of the valley, elevation data are inadequate to determine positively if subsidence has occurred. However, groundwater withdrawal in the Sacramento Valley has been increasing and groundwater levels have declined in some areas. The amount of subsidence caused by groundwater withdrawal depends on several factors, including: (1) the extent of water level decline, (2) the thickness and depth of the water bearing strata tapped, (3) the thickness and compressibility of silt-clay layers within the vertical sections where groundwater withdrawal is occurring, (4) the duration of maintained groundwater level decline, (5) the number and magnitude of water withdrawals in a given area, and (6) the general geology and geologic structure of the groundwater basin.

The damaging effects of subsidence include gradient changes in roads, streams, canals, drains, sewers, and dikes. Many such systems are constructed with slight gradients and may be significantly damaged by even small elevation changes. Other effects include damage to water wells resulting from sediment compaction and increased likelihood of flooding of low-lying areas.

Expansive Soils: Expansive soils are prone to change in volume due to the presence of moisture. Soft clay soils have the tendency to increase in volume when moisture is present and shrink when it is dry (shrink/swell). Swelling soils contain high percentages of certain kinds of clay particles that are capable of absorbing large quantities of water, expanding up to 10 percent or more as the clay becomes wet. The force of expansion is capable of exerting pressure on foundations, slabs, and other confining structures.

Soils: The Natural Resources Conservation Service (NRCS, formerly the Soil Conservation Service) has mapped over 40 individual soil units in the county. The predominant soil series in the county are the Capay, Clear Lake, Conejo, Oswald, and Olashes soils, which account for over 60 percent of the total land area. The remaining soil units each account for smaller percentages the total land area. The Capay and

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Clear Lake soils are generally present in the western and southern parts of the county. The Conejo soils occur in the eastern part closer to the incorporated areas of the county. Oswald and Olashes soils are located in the central portion of the county extending north to south, with scattered areas along the southeastern edge of the county. Soil descriptions for the principal soil units in the county are provided below. These descriptions, which were developed by the NRCS, are for native, undisturbed soils and are primarily associated with agricultural suitability. Soil characteristics may vary considerably from the mapped locations and descriptions due to development and other uses. Geotechnical studies are required to identify actual engineering properties of soils at specific locations to determine whether there are specific soil characteristics that could affect foundations, drainage, infrastructure, or other structural features.

3.7.2 Federal Regulatory Setting
Historic Sites Act of 1935: This Act became law on August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467) and has been amended eight times. This Act establishes as a national policy to preserve for public use historic sites, buildings, and objects, including geologic formations.

National Earthquake Hazards Reduction Program: The National Earthquake Hazards Reduction Program (NEHRP), which was first authorized by Congress in 1977, coordinates the earthquake-related activities of the Federal Government. The goal of NEHRP is to mitigate earthquake losses in the United States through basic and directed research and implementation activities in the fields of earthquake science and engineering. Under NEHRP, FEMA is responsible for developing effective earthquake risk reduction tools and promoting their implementation, as well as supporting the development of disaster-resistant building codes and standards. FEMA's NEHRP activities are led by the FEMA Headquarters (HQ), Federal Insurance and Mitigation Administration, Risk Reduction Division, Building Science Branch, in strong partnership with other FEMA HQ Directorates, and in coordination with the FEMA Regions, the States, the earthquake consortia, and other public and private partners.

3.7.3 State Regulatory Setting
California Alquist-Priolo Earthquake Fault Zoning Act: The Alquist-Priolo Earthquake Fault Zoning Act (originally enacted in 1972 and renamed in 1994) is intended to reduce the risk to life and property from surface fault rupture during earthquakes. The statute prohibits the location of mot types of structures intended for human occupancy across the traces of active faults and regulates construction in the corridors along active faults.

California Seismic Hazards Mapping Act: The Seismic Hazards Mapping Act is intended to reduce damage resulting from earthquakes. While the Alquist-Priolo Earthquake Fault Zoning Act addresses surface fault rupture, the Seismic Hazards Mapping Act addresses other earthquake-related hazards, including ground shaking, liquefaction, and seismically induced landslides. The state is charged with identifying and mapping areas at risk of strong ground shaking, liquefaction, landslides, and other hazards, and cities and counties are required to regulate development within mapped Seismic Hazard Zones.

Uniform Building Code: The California Code of Regulations (CCR) Title 24 is assigned to the California Building Standards Commission, which, by law, is responsible for coordinating all building standards. The California Building Code incorporates by reference the Uniform Building Code with necessary California amendments. The Uniform Building Code is a widely adopted model building code in the United States published by the International Conference of Building Officials. About one-third of the text within the California Building Code has been tailored for California earthquake conditions.

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Paleontological Resources: Paleontological resources are the fossilized remains of plants and animals and associated deposits. The Society of Vertebrate Paleontology has identified vertebrate fossils, their taphonomic and associated environmental indicators, and fossiliferous deposits as significant nonrenewable paleontological resources. Botanical and invertebrate fossils and assemblages may also be considered significant resources. CEQA requires that a determination be made as to whether a project would directly or indirectly destroy a unique paleontological resource or site or unique geological feature (CEQA Appendix G(v)(c)). If an impact is significant, CEQA requires feasible measures to minimize the impact (CCR Title 14(3) Section 15126.4 (a)(1)). California Public Resources Code Section 5097.5 (see above) also applies to paleontological resources.

3.7.4 Impact Assessment/Environmental Consequences:
a) Directly or indirectly create potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area, or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

According to the Yuba City General Plan, no active earthquake faults are known to exist in Sutter County, although active faults in the region could produce ground motion in Yuba City (Dyett & Bhatia, 2004). The closest known fault zone is the Bear Mountain Fault Zone, located approximately 20 miles northeast of Yuba City (California Geological Survey [CGS], 2015). Potentially active faults do exist in the Sutter Buttes, but those faults are considered small and have not exhibited activity in recent history. Because the distance from the City to the closest known active fault zone is large, the potential for exposure of people or structures to substantial adverse effects from fault rupture is low. Considering that the Building Code incorporates construction standards for minimizing earthquake damage to buildings, and the low potential for a significant earthquake activity in the vicinity, the potential for adverse impacts from an earthquake is less than significant.
ii. Strong seismic ground shaking?
In the event of a major regional earthquake, fault rupture or seismic ground shaking could potentially injure people and cause collapse or structural damage to existing and proposed structures. Ground shaking could potentially expose people and property to seismic-related hazards, including localized liquefaction and ground failure. However, all new structures are required to adhere to current California Building Code standards. These standards require adequate design, construction, and maintenance of structures to prevent exposure of people and structures to major geologic hazards. General Plan Implementing Policies 9.2-I-1 through 9.2-I-8 and the building codes reduce the potential impacts to less than significant.
iii. Seismic-related ground failure, including liquefaction? The proposed Project is not located within a liquefaction zone according to the California Department of Conservation’s California Geologic Survey regulatory maps. Regardless, all new structures are required to adhere to current California Building Code standards. These standards require adequate design,

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construction, and maintenance of structures to prevent exposure of people and structures to major geologic hazards. Therefore, the potential impact from ground failure is less than significant. iv. Landslides?
According to the Environmental Impact Report prepared for the General Plan, due to the flat topography, erosion, landslides, and mudflows are not considered to be a significant risk in the City limits or within the City’s Sphere of Influence and as a result, no impacts are anticipated for this application. b) Result in substantial soil erosion or the loss of topsoil? Development of the site that could result from this RZ/TSM would result in all of the site being disturbed during site grading. Even though the area is relatively flat, during site grading a large storm could result in the loss of topsoil into the City/Sutter County drainage system. However, as part of the grading and construction, the applicant will be required to follow Best Management Practices (BMP’s) and provide erosion control measures to minimize soil runoff during the construction process. Therefore, impacts from soil erosion will be less than significant.
c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
See b) above.
d) Be located on expansive soil, as defined in the California Building Code creating substantial direct or indirect risks to life or property?
The extreme southwest corner of the Yuba City Sphere of Influence is the only known area with expansive soils. The Project area is not located within that area and therefore will not be impacted by the presence of expansive soils.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The 72 new residences that will result from this RZ/TSM will be connected to the City’s wastewater collection and treatment system. No new septic systems will be utilized. As such, there will be no new impacts from septic systems.
f) Directly or indirectly destroy a unique paleontological resources or site or unique geologic feature? Due to prior ground disturbancesfor agricultural and residential usesit is unlikely that any paleontological resources exist on the site. However, the following mitigation measure shall apply if any paleontological resources are discovered:

3.7.5 Paleontological Mitigation Measures

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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 530-822-5145.

Mitigation shall be conducted as follows:

1. Identify and evaluate paleontological resources by intense field survey in the vicinity that potential paleontological resource was found, as determined by the paleontologist;

2. Assess effects on identified sites;

3. Consult with the institutional/academic paleontologists conducting research investigations within the geological formations that are slated to be impacted;

4. Obtain comments from the researchers;

5. Comply with researchers’ recommendations to address any significant adverse effects were determined by the City to be feasible.

In considering any suggested mitigation proposed by the consulting paleontologist, the City’s Community Development Department Staff shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, Specific or General Plan policies and land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out.

3.8 Greenhouse Gas Emissions
Table 3.8: Greenhouse Gas Emissions
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on
the environment?
X
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing the
emissions of greenhouse gases?
X

3.8.1 Federal Regulatory Setting
The United States Environmental Protection Agency (USEPA) Mandatory Reporting Rule (40 CFR Part 98), which became effective December 29, 2009, requires that all facilities that emit more than 25,000 metric tons CO2-equivalent per year beginning in 2010, report their emissions on an annual basis. On May 13, 2010, the USEPA issued a final rule that established an approach to addressing GHG emissions from stationary sources under the Clean Air Act (CAA) permitting programs. The final rule set thresholds for GHG emissions that define when permits under the New Source Review Prevention of Significant Deterioration and title V Operating Permit programs are required for new and existing industrial facilities.

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In addition, the Supreme Court decision in Massachusetts v. EPA (Supreme Court Case 05-1120) found that the USEPA has the authority to list GHGs as pollutants and to regulate emissions of greenhouse gases (GHG) under the CAA. On April 17, 2009, the USEPA found that CO2, CH4, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride may contribute to air pollution and may endanger public health and welfare. This finding may result in the USEPA regulating GHG emissions; however, to date the USEPA has not propose regulations based on this finding.

3.8.2 State & Local Regulatory Setting
The City’s Resource Efficiency Plan as designed under the premise that the City, and the community it represents, is uniquely capable of addressing emissions associated with sources under the City’s jurisdiction and that the City’s emission reduction efforts should coordinate with the state strategies of reducing emissions in order to accomplish these reductions in an efficient and cost-effective manner. The City developed this document with the following purposes in mind:
 Local Control: The Yuba City Efficiency Plan allows the City to identify strategies to reduce resource consumption, costs, and GHG emissions in all economic sectors in a way that maintains local control over the issues and fits the character of the community. It also may position the City for funding to implement programs tied to climate goals.  Energy and Resource Efficiency: The Efficiency Plan identifies opportunities for the City to increase energy efficiency and lower GHG emissions in a manner that is most feasible within the community. Reducing energy consumption through increasing the efficiency of energy technologies, reducing energy use, and using renewable sources of energy are effective ways to reduce GHG emissions. Energy efficiency also provides opportunities for cost‐savings.  Improved Public Health: Many of the GHG reduction strategies identified in the Efficiency Plan also have local public health benefits. Benefits include local air quality improvements; creating a more active community through implementing resource‐efficient living practices; and reducing health risks, such as heat stroke, that would be otherwise elevated by climate change impacts such as increased extreme heat days.

Demonstrating Consistency with State GHG Reduction Goals—A GHG reduction plan may be used as GHG mitigation in a General Plan to demonstrate that the City is aligned with State goals for reducing GHG emissions to a level considered less than cumulatively considerable.

3.8.3 Impact Assessment/Environmental Consequences:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
See b) below.
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Gases that trap heat in the atmosphere are referred to as greenhouse gases (GHGs) because they capture heat radiated from the sun as it is reflected back into the atmosphere, similar to a greenhouse. The accumulation of GHGs has been implicated as a driving force for Global Climate Change. Definitions of

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climate change vary between and across regulatory authorities and the scientific community, but in general can be described as the changing of the climate caused by natural fluctuations and the impact of human activities that alter the composition of the global atmosphere. Both natural processes and human activities emit GHGs. Global Climate Change is a change in the average weather on earth that can be measured by wind patterns, storms, precipitation, and temperature. Although there is disagreement as to the speed of global warming and the extent of the impacts attributable to human activities, the vast majority of the scientific community now agrees that there is a direct link between increased emission of GHGs and long-term global temperature. Potential global warming impacts in California may include, but are not limited to, loss in snowpack, sea level rise, more extreme heat days per year, more high ozone days, more large forest fires, and more drought years. Secondary effects are likely to include a global rise in sea level, impacts to agriculture, changes in disease vectors, and changes in habitat and biodiversity.

GHG impacts are considered to be exclusively cumulative impacts; there are no non-cumulative GHG emission impacts from a climate change perspective (CAPCOA).

The site preparation, grading, and construction of the halfpexes/duplexes and five single-family residences will generate GHG emissions due to the use of motorized construction equipment. The emissions will be from construction equipment during the construction of the subdivision. Once completed, vehicle traffic generated by auto use from the new residences will contribute GHG gases. Due to the small size of the Project, it is not expected to create significant greenhouse gas emissions.

However, on a cumulative scale, possible reasonable reductions could be applied to the project in order to further minimize those impacts. Specifically addressing this proposal, the City’s Resource Efficiency Plan addresses greenhouse gas concerns and provides a description of greenhouse gas reduction measures. A mitigation measure is included that requires the Project to incorporate the relevant greenhouse gas reduction measures. With this mitigation the impacts from greenhouse gases will be less than significant.

3.8.4 Greenhouse Mitigation Measure
Greenhouse Gas Mitigation Measure 1: The site grading process shall comply with the GHG Reduction Measures provided in the adopted Yuba City Resource Efficiency Plan.

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3.9 Hazards and Hazardous Materials
Table 3.9: Hazards and Hazardous Materials
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
X
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the release
of hazardous materials into the environment?
X
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
X
d) Be located on a site, which is included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would create a significant hazard to the public or
the environment?
X
e) For a project located within 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 result in a safety hazard
for people residing or working in the project area?
X
f) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
X
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires.

3.9.1 Federal Regulatory Setting
U.S. Environmental Protection Agency (USEPA): The USEPA was established in 1970 to consolidate in one agency a variety of federal research, monitoring, standard setting, and enforcement activities to ensure environmental protection. USEPA's mission is to protect human health and to safeguard the natural environment — air, water, and land — upon which life depends. USEPA works to develop and enforce regulations that implement environmental laws enacted by Congress, is responsible for researching and setting national standards for a variety of environmental programs, and delegates to states and tribes the responsibility for issuing permits and for monitoring and enforcing compliance. Where national standards are not met, USEPA can issue sanctions and take other steps to assist the states and tribes in reaching the desired levels of environmental quality.

Federal Toxic Substances Control Act/Resource Conservation and Recovery Act/Hazardous and Solid Waste Act: The Federal Toxic Substances Control Act (1976) and the Resource Conservation and Recovery

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Act of 1976 (RCRA) established a program administered by the USEPA for the regulation of the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA was amended in 1984 by the Hazardous and Solid Waste Act (HSWA), which affirmed and extended the “cradle to grave” system of regulating hazardous wastes.

Comprehensive Environmental Response, Compensation, and Liability Act/Superfund Amendments and Reauthorization Act: The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980. This law (U.S.

Code Title 42, Chapter 103) provides broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. CERCLA establishes requirements concerning closed and abandoned hazardous waste sites; provides for liability of persons responsible for releases of hazardous waste at these sites; and establishes a trust fund to provide for cleanup when no responsible party can be identified. CERCLA also enables the revision of the National Contingency Plan (NCP). The NCP (Title 40, Code of Federal Regulation [CFR], Part 300) provides the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, and/or contaminants. The NCP also established the National Priorities List (NPL).

CERCLA was amended by the Superfund Amendments and Reauthorization Act (SARA) on October 17, 1986.

Clean Water Act/SPCC Rule: The Clean Water Act (CWA) (33 U.S.C. Section 1251 et seq., formerly the Federal Water Pollution Control Act of 1972), was enacted with the intent of restoring and maintaining the chemical, physical, and biological integrity of the waters of the United States. As part of the Clean Water Act, the U.S. EPA oversees and enforces the Oil Pollution Prevention regulation contained in Title 40 of the CFR, Part 112 (Title 40 CFR, Part 112) which is often referred to as the “SPCC rule” because the regulations describe the requirements for facilities to prepare, amend and implement Spill Prevention, Control, and
Countermeasure (SPCC) Plans: A facility is subject to SPCC regulations if a single oil storage tank has a capacity greater than 660 gallons, or the total above ground oil storage capacity exceeds 1,320 gallons, or the underground oil storage capacity exceeds 42,000 gallons, and if, due to its location, the facility could reasonably be expected to discharge oil into or upon the “Navigable Waters” of the United States. Other federal regulations overseen by the U.S. EPA relevant to hazardous materials and environmental contamination include Title 40, CFR, Chapter 1, Subchapter D – Water Programs and Subchapter I – Solid Wastes. Title 40, CFR, Chapter 1, Subchapter D, Parts 116 and 117 designate hazardous substances under the Federal Water Pollution Control Act: Title 40, CFR, Part 116 sets forth a determination of the reportable quantity for each substance that is designated as hazardous. Title 40, CFR, Part 117 applies to quantities of designated substances equal to or greater than the reportable quantities that may be discharged into waters of the United States.

The NFPA 70®: National Electrical Code® is adopted in all 50 states. Any electrical work associated with the Proposed Project is required to comply with the standards set forth in this code. Several federal regulations govern hazards as they are related to transportation issues. They include:

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. 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. 49 CFR 397.9, the Hazardous Materials Transportation Act of 1974, directs the U.S. Department of Transportation to establish criteria and regulations for the safe transportation of hazardous materials.

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3.9.2 State Regulatory Setting
California Environmental Protection Agency (CalEPA): The California Environmental Protection Agency (CalEPA) was created in 1991 by Governor’s Executive Order. The six boards, departments, and office were placed under the CalEPA umbrella to create a cabinet-level voice for the protection of human health and the environment and to assure the coordinated deployment of State resources. The mission of CalEPA is to restore, protect, and enhance the environment to ensure public health, environmental quality, and economic vitality under Title 22 of the California Code of Regulations (CCR).

Department of Toxic Substances Control (DTSC): DTSC is a department of Cal/EPA and is the primary agency in California that regulates hazardous waste, cleans-up existing contamination, and looks for ways to reduce the hazardous waste produced in California. DTSC regulates hazardous waste in California primarily under the authority of RCRA and the California Health and Safety Code. Other laws that affect hazardous waste are specific to handling, storage, transportation, disposal, treatment, reduction, cleanup, and emergency planning. Government Code Section 65962.5 (commonly referred to as the Cortese List) includes DTSC listed hazardous waste facilities and sites, DHS lists of contaminated drinking water wells, sites listed by the SWRCB as having UST leaks and which have had a discharge of hazardous wastes or materials into the water or groundwater and lists from local regulatory agencies of sites that have had a known migration of hazardous waste/material.

Unified Program: The Unified Program (codified CCR Title 27, Division 1, Subdivision 4, Chapter 1, Sections 15100- 15620) consolidates, coordinates, and makes consistent the administrative requirements, permits, inspections, and enforcement activities of the following six environmental and emergency response programs:
 Hazardous Waste Generator (HWG) program and Hazardous Waste On-site Treatment activities;  Aboveground Storage Tank (AST) program Spill Prevention Control and Countermeasure Plan requirements;
 Underground Storage Tank (UST) program;
 Hazardous Materials Release Response Plans and Inventory (HMRRP) program;  California Accidental Release Prevention (CalARP) program;  Hazardous Materials Management Plans and Hazardous Materials Inventory Statement (HMMP/HMIS) requirements.

The Secretary of CalEPA is directly responsible for coordinating the administration of the Unified Program.

The Unified Program requires all counties to apply to the CalEPA Secretary for the certification of a local unified program agency. Qualified cities are also permitted to apply for certification. The local Certified Unified Program Agency (CUPA) is required to consolidate, coordinate, and make consistent the administrative requirements, permits, fee structures, and inspection and enforcement activities for these six program elements in the county. Most CUPAs have been established as a function of a local environmental health or fire department.

Hazardous Waste Management Program: The Hazardous Waste Management Program (HWMP) regulates hazardous waste through its permitting, enforcement, and Unified Program activities in accordance with California Health and Safety Code Section 25135 et seq. The main focus of HWMP is to ensure the safe storage, treatment, transportation, and disposal of hazardous wastes.

State Water Resources Control Board (SWRCB): The State Water Resources Control Board (SWRCB) was created by the California legislature in 1967. The mission of SWRCB is to ensure the highest reasonable

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quality for waters of the State, while allocating those waters to achieve the optimum balance of beneficial uses. The joint authority of water allocation and water quality protection enables SWRCB to provide comprehensive protection for California’s waters.

California Department of Industrial Relations – Division of Occupational Safety and Health (Cal OSHA): In California, every employer has a legal obligation to provide and maintain a safe and healthful workplace for employees, according to the California Occupational Safety and Health Act of 1973 (per Title 8 of the CCR). The Division of Occupational Safety and Health (Cal/OSHA) program is responsible for enforcing California laws and regulations pertaining to workplace safety and health and for providing assistance to employers and workers about workplace safety and health issues. Cal/OSHA regulations are administered through Title 8 of the CCR. The regulations require all manufacturers or importers to assess the hazards of substances that they produce or import and all employers to provide information to their employees about the hazardous substances to which they may be exposed.

California Fire Code: The California Fire Code is Part 9 of the California Code of Regulations, Title 24, also referred to as the California Building Standards Code. The California Fire Code incorporates the Uniform Fire Code with necessary California amendments. This Code prescribes regulations consistent with nationally recognized good practice for the safeguarding to a reasonable degree of life and property from the hazards of fire explosion, and dangerous conditions arising from the storage, handling and use of hazardous materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises and provisions to assist emergency response personnel.

3.9.3 Local Regulatory Setting
Sutter County Airport Comprehensive Land Use Plan: The SCACLUP was adopted in April 1994 by the Sacramento Area Council of Governments (SACOG). SACOG is the designated Airport Land Use Commission (ALUC) for Sacramento, Sutter, Yolo, and Yuba Counties under the provisions of the California Public Utilities Code, Chapter 4, Article 3.5, Section 21670.1 Airport Land Use Commission Law. The purpose of the ALUC law is to (1) protect public health, safety, and welfare through the adoption of land use standards that minimize the public’s exposure to safety hazards and excessive levels of noise, and (2) Prevent the encroachment of incompatible land uses around public-use airports, thereby preserving the utilities of these airports into the future.

3.9.4 Impact Assessment/Environmental Consequences:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
See b) below.
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? The primary hazardous materials associated with the proposed subdivision will be those materials associated with grading and construction equipment, which typically includes solvents, oil, and fuel.

Provided that these materials are legally and properly used and stored, the proposed Project will not create a significant hazard to the public or the environment. On an ongoing basis the only anticipated hazardous waste would be household hazardous waste. Assuming proper and legal disposal of those wastes there should not be a significant impact from hazardous materials.

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c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? There is not a school within one-quarter mile of the proposed subdivision. Therefore, there is not a potential for any impacts on a school from hazardous materials. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or the environment?
The property is not on any listings of sites that are contaminated by hazardous wastes. Therefore, there is not a potential for significant impacts from a known hazardous materials site. e) For a project located within 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 result in a safety hazard for people residing or working in the project area?
The Project is not located within the Sutter County Airport Comprehensive Land Use Plan, nor is it within two miles of a public use airport.
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
The Yuba City Fire Department and Police Department serve this area. Neither agency has expressed concern over impacts the Project may have on any emergency response plans. Accordingly, the impacts on emergency response or emergency evacuations plans will be less than significant. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
The Project site is located within the Yuba City urban area and the Yuba City urban area is surrounded by irrigated agricultural lands. There are no wildlands on the site or in the immediate vicinity. Accordingly, impacts from exposure to potential wildland fires will be less than significant.

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3.10 Hydrology and Water Quality
Table 3.10: Hydrology and Water Quality
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or groundwater quality?
X
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impeded sustainable
groundwater management of the basin?
X
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of
the course of a stream or river or through the
addition of impervious surfaces, in a manner which
would:
i) result in substantial erosion or siltation on- or offsite? X ii) substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite?
X
iii) create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff; or
X
iv)impede or redirect flood flows? X
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation? X
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
X

3.10.1 Federal Regulatory Setting
Clean Water Act: The Clean Water Act (CWA) is intended to restore and maintain the chemical, physical, and biological integrity of the nation’s waters (33 CFR 1251). The regulations implementing the CWA protect waters of the U.S. including streams and wetlands (33 CFR 328.3). The CWA requires states to set standards to protect, maintain, and restore water quality by regulating point source and some non-point source discharges. Under Section 402 of the CWA, the National Pollutant Discharge Elimination System (NPDES) permit process was established to regulate these discharges.

Federal Emergency Management Agency (FEMA) Flood Zones: The National Flood Insurance Act (1968) makes available federally subsidized flood insurance to owners of flood-prone properties. To facilitate identifying areas with flood potential, Federal Emergency Management Agency (FEMA) has developed

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Yuba City City CouncilJuly 18, 2023

Yuba City City Council
July 18, 2023