Yuba City City Council
September 19, 2023

59 ▪ Production and conservation of minerals is encouraged; ▪ Environmental effects are prevented or minimized;
▪ Consideration is given to recreational activities, watersheds, wildlife, range and forage, and aesthetic enjoyment;
▪ Mined lands are reclaimed to a useable condition once mining is completed; and ▪ Hazards to public safety both now and in the future are eliminated.

Areas in the State (city or county) that do not have their own regulations for mining and reclamation activities rely on the Department of Conservation, Division of Mines and Geology, Office of Mine Reclamation to enforce this law. SMARA contains provisions for the inventory of mineral lands in the State of California.

The State Geologist, in accordance with the State Board’s Guidelines for Classification and Designation of Mineral Lands, must classify Mineral Resource Zones (MRZ) as designated below:
▪ MRZ-1. Areas where available geologic information indicates that there is minimal likelihood of significant resources.
▪ MRZ-2. Areas underlain by mineral deposits where geologic data indicate that significant mineral deposits are located or likely to be located.
▪ MRZ-3. Areas where mineral deposits are found but the significance of the deposits cannot be evaluated without further exploration.
▪ MRZ-4. Areas where there is not enough information to assess the zone. These are areas that have unknown mineral resource significance.

SMARA only covers mining activities that impact or disturb the surface of the land. Deep mining (tunnel) or petroleum and gas production is not covered by SMARA.

3.12.3 Impact Assessment/Environmental Consequences:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
The response to item a is included in b) below.
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? The property contains no known mineral resources and there is little opportunity for mineral resource extraction. The 2004 Yuba City General Plan does not recognize any mineral resource zone within the City limits, and no mineral extraction facilities currently exist within the City. Additionally, the site is within an urban area, which generally is considered incompatible with mineral extraction facilities. As such development resulting from this Project will not have an impact on mineral resources.

60 3.13. Noise
Table 3.13: Noise
Would the project result in:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in the
vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
X
b) Generation of excessive ground borne vibration or
ground borne noise levels? X
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a
plan has not been adopted, within two miles of a
public airport or public use airport, would the
project expose people residing or working in the
project area to excessive noise levels?
X

3.13.1 Environmental Setting/Affected Environment for Noise Noise can be generally defined as unwanted sound. Sound, traveling in the form of waves from a source, exerts a sound pressure level (referred to as sound level) which is measured in decibels (dB), with 0 dB corresponding roughly to the threshold of human hearing and 120 to 140 dB corresponding to the threshold of pain.

Sound pressure fluctuations can be measured in units of hertz (Hz), which correspond to the frequency of a particular sound. Typically, sound does not consist of a single frequency, but rather a broad band of frequencies varying in levels of magnitude (sound power). The sound pressure level, therefore, constitutes the additive force exerted by a sound corresponding to the frequency/sound power level spectrum.

The typical human ear is not equally sensitive to all frequencies of the audible sound spectrum. As a consequence, when assessing potential noise impacts, sound is measured using an electronic filter that de-emphasizes the frequencies below 1,000 Hz and above 5,000 Hz in a manner corresponding to the human ear’s decreased sensitivity to low and extremely high frequencies instead of the frequency midrange. This method of frequency weighting is referred to as A-weighting and is expressed in units of Aweighted decibels (dBA). Frequency A-weighting follows an international standard methodology of frequency de-emphasis and is typically applied to community noise measurements.

Noise exposure is a measure of noise over a period of time. Noise level is a measure of noise at a given instant in time. Community noise varies continuously over a period of time with respect to the contributing sound sources of the community noise environment. Community noise is primarily the product of many distant noise sources, which constitute a relatively stable background noise exposure, with the individual contributors unidentifiable. The background noise level changes throughout a typical day, but does so gradually, corresponding with the addition and subtraction of distant noise sources such as traffic and atmospheric conditions. What makes community noise constantly variable throughout a

61 day, besides the slowly changing background noise, is the addition of short duration single event noise sources (e.g., aircraft flyovers, motor vehicles, sirens), which are readily identifiable to the individual receptor. These successive additions of sound to the community noise environment vary the community noise level from instant to instant, requiring the measurement of noise exposure over a period of time to legitimately characterize a community noise environment and evaluate cumulative noise impacts.

3.13.2 Environmental Setting/Affected Environment for Groundbourne Vibration Vibration is the periodic oscillation of a medium or object. Vibration sources may be continuous, such as factory machinery, or transient, such as explosions. As is the case with airborne sound, ground borne vibrations may be described by amplitude and frequency. Vibration amplitudes are usually expressed in peak particle velocity (PPV), or root mean squared (RMS), as in RMS vibration velocity. The PPV and RMS (VbA) vibration velocity are normally described in inches per second (in/sec). PPV is defined as the maximum instantaneous positive or negative peak of a vibration signal and is often used in monitoring of blasting vibration because it is related to the stresses that are experienced by buildings.

Although PPV is appropriate for evaluating the potential for building damage, it is not always suitable for evaluating human response. As it takes some time for the human body to respond to vibration signals, it is more prudent to use vibration velocity when measuring human response. The typical background vibration velocity level in residential areas is approximately 50 VdB. Groundborne vibration is normally perceptible to humans at approximately 65 VdB. For most people, a vibration-velocity level of 75 VdB is the approximate dividing line between barely perceptible and distinctly perceptible levels.

Typical outdoor sources of perceptible ground borne vibration are construction equipment, steel-wheeled trains, and traffic on rough roads. Construction vibrations can be transient, random, or continuous. The approximate threshold of vibration perception is 65 VdB, while 85 VdB is the vibration acceptable only if there are an infrequent number of events per day.

3.13.3 Federal Regulatory Setting
Federal Vibration Policies: The Federal Railway Administration (FRA) and the Federal Transit Administration (FTA) have published guidance relative to vibration impacts. According to the FRA, fragile buildings can be exposed to ground-borne vibration levels of 90 VdB without experiencing structural damage. The FTA has identified the human annoyance response to vibration levels as 75 VdB.

3.13.4 State Regulatory Setting
California Noise Control Act: The California Noise Control Act was enacted in 1973 (Health and Safety Code §46010 et seq.), and states that the Office of Noise Control (ONC) should provide assistance to local communities in developing local noise control programs. It also indicates that ONC staff would work with the Department of Resources Office of Planning and Research (OPR) to provide guidance for the preparation of the required noise elements in city and county General Plans, pursuant to Government Code § 65302(f). California Government Code § 65302(f) requires city and county general plans to include a noise element. The purpose of a noise element is to guide future development to enhance future land use compatibility.

Title 24 – Sound Transmission Control: Title 24 of the California Code of Regulations (CCR) codifies Sound Transmission Control requirements, which establishes uniform minimum noise insulation performance standards for new hotels, motels, dormitories, apartment houses, and dwellings other than detached

62 single-family dwellings. Specifically, Title 24 states that interior noise levels attributable to exterior sources shall not exceed 45 dBA CNEL in any habitable room of new dwellings Title 24, Part 2 requires an acoustical report that demonstrates the achievements of the required 45 dBA CNEL. Dwellings are designed so that interior noise levels will meet this standard for at least ten years from the time of building permit application.

3.13.5 Local Regulatory Setting
The City of Yuba City General Plan presents the vision for the future of Yuba City and outlines several guiding policies and policies relevant to noise.

The following goals and policies from the City of Yuba City General Plan1 are relevant to noise.

Guiding Policies
▪ 9.1-G-1 Strive to achieve an acceptable noise environment for the present and future residences of Yuba City.
▪ 9.1-G-2 Incorporate noise considerations into land use planning decisions and guide the location and design of transportation facilities to minimize the effects of noise on adjacent land uses. ▪ Implementing Policies
▪ 9.1-I-1 Require a noise study and mitigation for all projects that have noise exposure greater than “normally acceptable” levels. Noise mitigation measures include, but are not limited to, the following actions:
▪ Screen and control noise sources, such as parking and loading facilities, outdoor activities, and mechanical equipment,
▪ Increase setbacks for noise sources from adjacent dwellings, ▪ Retain fences, walls, and landscaping that serve as noise buffers, ▪ Use soundproofing materials and double-glazed windows, and ▪ Control hours of operation, including deliveries and trash pickup, to minimize noise impacts. ▪ 9.1-I-3 In making a determination of impact under the California Environmental Quality Act (CEQA), consider an increase of four or more dBA to be "significant" if the resulting noise level would exceed that described as normally acceptable for the affected land use in Figure 5. ▪ 9.1-I-4 Protect especially sensitive uses, including schools, hospitals, and senior care facilities, from excessive noise, by enforcing “normally acceptable” noise level standards for these uses. ▪ 9.1-I-5 Discourage the use of sound walls. As a last resort, construct sound walls along highways and arterials when compatible with aesthetic concerns and neighborhood character. This would be a developer responsibility.
▪ 9.1-I-6 Require new noise sources to use best available control technology (BACT) to minimize noise from all sources.
▪ 9.1-I-7 Minimize vehicular and stationary noise sources and noise emanating from temporary activities, such as construction.

1 City of Yuba, 2004. City of Yuba General Plan. April 8, 2004.

63 Figure 1: Noise Exposure

LAND USE CATEGORY
COMMUNITY NOISE EXPOSURE - Ldn or CNEL (dBA)
50 55 60 65 70 75 80
Residential – Low Density
Single Family, Duplex, Mobile
Home
Residential – Multi-Family
Transient Lodging –
Motel/Hotel
Schools, Libraries, Churches,
Hospitals, Nursing Homes
Auditorium, Concert Hall,
Amphitheaters
Sports Arena, Outdoor
Spectator Sports
Playgrounds, Neighborhood
Parks
Golf Courses, Riding Stables,
Water Recreation,
Cemeteries
Office Buildings, Business,
Commercial and Professional
Industrial, Manufacturing,
Utilities, Agriculture
Normally Acceptable: Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special noise insulation requirements.

Conditionally Acceptable: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and needed noise insulation features are included in the design. Conventional construction, but with closed windows and fresh air supply systems or air conditioning will normally suffice.

Normally Unacceptable: New construction or development should be discouraged. If new construction or development does proceed, a detailed analysis of the noise reduction requirement must be made and needed noise insulation features included in the design.

Clearly Unacceptable: New construction or development generally should not be undertaken.

Source: State of California, Governor’s Office of Planning and Research, 2003. General Plan Guidelines.

64 City of Yuba City Municipal Code: Title 4, Chapter 17, Section 4-17.10(e) of the Yuba City Municipal Code prohibits the operation of noise‐generating construction equipment before 6:00 a.m. or after 9:00 p.m. daily, except Sunday and State or federal holidays when the prohibited time is before 8:00 a.m. and after 9:00 p.m.

3.13.6 Impact Assessment/Environmental Consequences:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies established in the local general plan or noise ordinance, or applicable standards of other agencies?
Duplexes or multiple-family residential uses that could result from this GPA/RZ are not typically significant noise generators. Construction of those uses would involve temporary noise sources that are anticipated to last for a short period and includes typical grading and paving equipment and miscellaneous equipment.

During construction, which would occur during daylight hours, Monday through Friday, noise from construction activities would contribute to the noise environment in the immediate Project vicinity. At this time the neighboring residential properties are vacant but will likely be constructed in the future.

Activities involved in construction could generate maximum noise levels, as indicated in Table 2, ranging from 79 to 91 dBA at a distance of 50 feet, without feasible noise control (e.g., mufflers) and ranging from 75 to 80 dBA at a distance of 50 feet, with feasible noise control. However, due to the very limited duration of the construction activities, the effects from this activity are expected to be less than significant.

Table 2: Typical Construction Noise Levels
Type of Equipment (1) dBA at 50 ft.

Without Feasible Noise Control
(2) With Feasible Noise Control
Dozer or Tractor 80 75
Excavator 88 80
Scraper 88 80
Front End Loader 79 75
Backhoe 85 75
Grader 85 75
Truck 91 75
(1) US Environmental Protection Agency. “Noise from Construction Equipment and Operations, Building Equipment and Home Appliances.” Figure IV.H‐4. 1971. (2) Feasible noise control includes the use of intake mufflers, exhaust mufflers and engine shrouds operating in accordance with manufacturers specifications Once constructed, new residences are generally not considered to be significant noise generators.

Therefore, the residences are not expected in any significant way to raise the ambient noise levels in the surrounding neighborhood. For these reasons, adding new residences to this area is not expected to create any significant noise impacts.

65 b) Generation of excessive ground borne vibration or ground borne noise levels? Construction activity can result in varying degrees of ground vibration, depending on the equipment and methods employed. The operation of construction equipment may cause ground vibrations that spread through the ground and diminish in strength with distance. Table 3 describes the typical construction equipment vibration levels.

Table 3: Typical Construction Vibration Levels
Equipment (1) VdB at 25 ft2
Small Bulldozer 58
Vibratory Roller 94
Jackhammer 79
Loaded Trucks 86
(1) US Environmental Protection Agency. “Noise from Construction Equipment and Operations, Building Equipment and Home Appliances.” Figure IV.H‐4. 1971.

Vibration levels of construction equipment in Table 3 are at a distance of 25 feet from the equipment. As noted above, construction activities are limited to daylight hours. Infrequent construction-related vibrations would be short-term and temporary, and operation of heavy-duty construction equipment would be intermittent throughout the day during construction. Therefore, with the short duration of grading activities associated with the project, the approximate reduction of 6 VdB for every doubling of distance from the source, and consideration of the distance to the nearest existing residences, the temporary impact to any uses in the vicinity of development that could result from this Project is considered a less than significant impact.
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The Project is not within an airport land use plan nor are there any public or private airports or airfields located in the vicinity. Therefore, this project will not have an impact on people residing or working in the project area or exposing people to excessive noise levels.

66 3.14. Population and Housing
Table 3-14: Population and Housing
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Induce substantial unplanned population growth in
an area, either directly (for example, by proposing
new homes and businesses) or indirectly (for
example, through extension of roads or other
infrastructure)?
X
b) Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
X

3.14.1 Environmental Setting/Affected Environment
The proposed Project is located in an urbanized area of the City, and is surrounded by vacant residential parcels, commercial and light industrial uses are nearby. This is essentially an in-fill project. All City services already serves the property.

3.14.2 Federal Regulatory Setting
There are no federal regulations, plans, programs, or guidelines associated with population or housing that are applicable to the proposed Project.

3.14.3 State Regulatory Setting
California law (Government Code Section 65580, et seq.) requires cities and counties to include a housing element as a part of their general plan to address housing conditions and needs in the community.

Housing elements are prepared approximately every eight years following implementation of Senate Bill [SB] 375), following timetables set forth in the law. The housing element must identify and analyze existing and projected housing needs and “make adequate provision for the existing and projected needs of all economic segments of the community,” among other requirements. The City adopted its current Housing Element in 2021.

3.14.4 Regional Regulatory Setting
State law mandates that all cities and counties offer a portion of housing to accommodate the increasing needs of regional population growth. The statewide housing demand is determined by the California Department of Housing and Community Development (HCD), while local governments and councils of governments decide and manage their specific regional and jurisdictional housing needs and develop a regional housing needs assessment (RHNA).

67 In the greater Sacramento region, which includes the City of Yuba City, SACOG has the responsibility of developing and approving an RHNA and a Regional Housing Needs Plan (RHNP) every eight years (Government Code, Section 65580 et seq.). This document has a central role of distributing the allocation of housing for every county and city in the SACOG region. Housing needs are assessed for very low income, low income, moderate income, and above moderate households.23 As described above, SACOG is the association of local governments that includes Yuba City, along with other jurisdictions comprising the six counties in the greater Sacramento region. In addition to preparing the Metropolitan Transportation Plan and Sustainable Communities Strategy for the region, SACOG approves the distribution of affordable housing in the region through its RHNP. SACOG also assists in planning for transit, bicycle networks, clean air and serves as the Airport Land Use Commission for the region.

3.14.5 Impact Assessment/Environmental Consequences:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
The proposed project will likely result in the construction of between nine and 24 new residences. The existing infrastructure that serves this area, including streets, water, sewer, drainage, etc., is adequate to accommodate this change. Although this Project includes a change to plans, the Project includes a general plan amendment and rezone that is being scrutinized by this process for consistency with all plans and programs. It is considered planned growth. As such, the Project’s impacts caused by un-planned growth are considered a less than significant impact.
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
There will be no residences removed as part of the proposed Project and as a result, not impacts are anticipated.

68 3.15. Public Services
Table 3.15: Public Services
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered governmental facilities, need for new or
physically altered government facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or other
performance objectives for any of the public
services:
i) Fire protection? X
ii) Police protection? X
iii) Schools? X
iv) Parks? X
v) Other public facilities? X

3.15.1 Environmental Setting/Affected Environment
Law enforcement is provided by the Yuba City Police Department. Fire protection is provided by the Yuba City Fire Department. Nearby parks and other urban services including streets, water, sewer, and stormwater drainage will also be provided by Yuba City.

3.15.2 Federal Regulatory Setting
National Fire Protection Association: The National Fire Protection Association (NFPA) is an international nonprofit organization that provides consensus codes and standards, research, training, and education on fire prevention and public safety. The NFPA develops, publishes, and disseminates more than 300 such codes and standards intended to minimize the possibility and effects of fire and other risks. The NFPA publishes the NFPA 1, Uniform Fire Code, which provides requirements to establish a reasonable level of fire safety and property protection in new and existing buildings

3.15.3 State Regulatory Setting
California Fire Code and Building Code: The 2013 California Fire Code (Title 24, Part 9 of the California Code of Regulations) establishes regulations to safeguard against hazards of fire, explosion, or dangerous conditions in new and existing buildings, structures, and premises. The Fire Code also establishes requirements intended to provide safety and assistance to fire fighters and emergency responders during emergency operations. The provision of the Fire Code includes regulations regarding fire-resistance rated construction, fire protection systems such as alarm and sprinkler systems, fire service features such as fire apparatus access roads, fire safety during construction and demolition, and wildland urban interface areas.

69 California Health and Safety Code (HSC): State fire regulations are set forth in Sections 13000 et seq. of the California HSC, which includes regulations for building standards (as set forth in the CBC), fire protection and notification systems, fire protection devices such as extinguishers, smoke alarms, childcare facility standards, and fire suppression training.

California Master Mutual Aid Agreement: The California Master Mutual Aid Agreement is a framework agreement between the State of California and local governments for aid and assistance by the interchange of services, facilities, and equipment, including but not limited to fire, police, medical and health, communication, and transportation services and facilities to cope with the problems of emergency rescue, relief, evacuation, rehabilitation, and reconstruction.

3.15.4 Impact Assessment/Environmental Consequences:
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:

Fire Protection: The Fire Department reviewed the proposal and did not express concerns. Since all new development pays development impact fees intended to offset the cost of additional fire facilities and equipment costs resulting from this growth, the impacts on fire services are considered a less than significant impact.

Police Protection: The Police Department reviewed this proposal and did not express concerns. Since new development will pay development impact fees intended to offset potential impacts on police services resulting from this growth, the impacts on police services is considered to be less than significant.

Schools: New residences that may result from this Project are required to pay the Yuba City Unified School District adopted school impact fees that are intended to offset potential impacts to schools. Therefore, the impact on schools is considered to be less than significant.

Parks: The City charges a park impact fee for each new residence established that is utilized to purchase parkland and construct new parks. Therefore, the impact on parks from this Project is considered to be less than significant.

Other Public Facilities: The Project will be connected to City water and wastewater systems. Each new connection to those systems must pay connection fees that are utilized for expansion of the respective treatment plants. The City also collects development impact fees for County services that are provided to the new development, such as the library system, criminal justice system and Health and Social Services. As a result of the collection of development impact fees, the impact of this project is considered to be less than significant.

Accordingly, the Project will have a less than significant impact with regard to the provision of public services.

70 3.16. Recreation
Table 3-16: Recreation
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
X
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities which might have an adverse
physical effect on the environment?
X

3.16.1 Environmental Setting/Affected Environment
Yuba City has 22 City-owned parks and recreational areas, managed by the City’s Parks and Recreation Department. This consists of four community parks, 15 neighborhood parks, and three passive or mini parks.

3.16.2 Federal Regulatory Setting
There are no federal regulations regarding parks and open space that are applicable to the proposed Project.

3.16.3 State Regulatory Setting
State Public Park Preservation Act: The primary instrument for protecting and preserving parkland is the Public Park Preservation Act of 1971. Under the PRC section 5400-5409, cities and counties may not acquire any real property that is in use as a public park for any non-park use unless compensation or land, or both, are provided to replace the parkland acquired. This provides no net loss of parkland and facilities.

Quimby Act: California Government Code Section 66477, referred to as the Quimby Act, permits local jurisdictions to require the dedication of land and/or the payment of in-lieu fees solely for park and recreation purposes. The required dedication and/or fee are based upon the residential density and housing type, land cost, and other factors. Land dedicated and fees collected pursuant to the Quimby Act may be used for developing new or rehabilitating existing park or recreational facilities.

3.16.4 Local Regulatory Setting
The Yuba City General Plan and the City’s Parks Master Plan provide a goal of providing 5 acres of public parkland per 1,000 residents, while it also requires 1 acre of Neighborhood Park for every 1,000 residents.

The City’s development impact fee program collects fees for new development which is allocated for the acquisition and development of open space in the City.

71 3.16.5 Impact Assessment/Environmental Consequences:
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? It is estimated the proposed project could result in nine to 24 new residences being established and these residents will incrementally increase the use of the City’s parks. However, for each new residence development impact fees for new or expanded parks and recreation facilities will be paid. These fees are designed to mitigate impacts on recreational facilities. As a result, the impact on the City park system from this Project is considered to be less than significant. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? As there is no proposed development associated with the current application, it is not known whether any new recreational facilities will be included in a future residential project. However, the small size of any new development, plus the fact that it would be located on-site, the impacts from an on-site recreational facility would be less than significant. Regarding impacts on existing City parks, the potential for nine to 24 new residences is not expected to generate a need to expand or add a new park. Therefore, the impact on park expansion caused by this Project will be less than significant.

3.17. Transportation/Traffic
Table 4-17: Transportation Recreation
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including
transit, roadway, bicycle, and pedestrian facilities?
X
b) Conflict or be inconsistent with CEQA Guidelines
section 15064.3 subdivision (b)? X
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
X
d) Result in inadequate emergency access? X

3.17.1 Federal Regulatory Setting
Federal Highway Administration: FHWA is the agency of the U.S. Department of Transportation (DOT) responsible for the Federally funded roadway system, including the interstate highway network and portions of the primary State highway network. FHWA funding is provided through the Safe, Accountable, Flexible, Efficiency Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA- LU can be used to fund local transportation improvement projects, such as projects to improve the efficiency of existing roadways, traffic signal coordination, bikeways, and transit system upgrades.

72 Several federal regulations govern 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.
▪ Title 49 CFR 350-399, and Appendices A-G, Federal Motor Carrier Safety Regulations, address safety considerations for the transport of goods, materials, and substances over public highways.

3.17.2. State Regulatory Setting
The measurement of the impacts of a project’s traffic is set by the CEQA Guidelines. Section 15064.3 of the Guidelines states that vehicle miles traveled (VMT) is the most appropriate measure of transportation impacts. VMT is a metric which refers to the amount of distance of automobile traffic that is generated by a project. Per the Guidelines “Vehicle miles traveled exceeding an applicable threshold of significance may indicate a significant impact.” “Projects that decrease vehicle miles traveled compared to existing conditions should be presumed to have a less than significant environmental impact.” The CEQA Guidelines also states that the lead agency (Yuba City) may “choose the most appropriate methodology to evaluate a project’s vehicle miles traveled …”. As this is a new form of calculating significant traffic events, the City has not yet determined its own methodology to calculate levels of significance for VMT. Until that methodology is determined, for purposes of this initial study the information provided by the Sacramento Council of Governments (SACOG) and the CA Office of Planning and Research is utilized. A review of these studies indicates several factors that may be utilized for determining levels of significance. One is that if the project will generate less than 110 vehicle trips per day, it is assumed that with the small size of the project, the impact is less than significant. A second criteria is that for a project, on a per capita or per employee basis, the VMT will be at least 15 percent below that of existing development is a reasonable threshold for determining significance.

As this is a new methodology, future projects may utilize different criterion as they become available.

3.17.3. Impact Assessment/Environmental Consequences:
a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities?
The proposed Project will not be a large traffic generator, that being the traffic generated by nine to 24 new multiple-family or duplex residences. Both Bridge Street on which the site fronts and nearby Walton Avenue are within the City’s acceptable level of service standard of D or better. Any development resulting from this project will be required to provide any needed on-site Bridge Street improvements for auto, bicycle, and pedestrian facilities. As such, the potential impacts on nearby streets due to this Project is considered to be a less than significant impact.
b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3 subdivision (b)? This CEQA section describes specific considerations for evaluating a project’s transportation impacts in terms of Vehicle Miles Traveled (VMT). SACOG, in “Technical Advisory: On Evaluating Transportation Impacts in CEQA” provides two criteria for which if the project meets either of them, the traffic impacts are considered less than significant. One criterion is that the project generates less than 110 vehicle trips per day is considered to be less than a significant impact. The Project will exceed this criterion, so it is

73 not further considered in this review. The second criterion is that if a project, on a per capita or per employee basis, the VMT will be at least 15 percent below that of existing development is a reasonable threshold for determining significance. SACOG also has released a draft document (SB 743 regional screening maps) that provides mapping data indicating the average miles traveled for different areas within and around Yuba City. The range of the categories are:

Less than 50% of regional average.
50-85% of regional average.
85-100% of the regional average.
115-150% of the regional average.

More than 150% of the regional average.

Per the SACOG maps, for this area under consideration, the estimated average vehicle distance traveled per residence is in the 50-85% range of the norm. In other words, per the SACOG regional screening maps, the proposed project is located in an area that already meets the 15 percent vehicle trip reduction criteria. Thus, the transportation impacts from VMT for this subdivision are within CEQA Guidelines Section 15063.4(b) and it follows that the traffic impacts generated by this Project are considered to be less than significant.
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? The primary streets near the Project including Bridge Street and Walton Avenue, operate within acceptable levels of service consistent with the General Plan. This project’s small size will generate little additional traffic flow. The Public Works Department review of the Project did not indicate there are any street design issues on these streets. Therefore, any increase in street hazards generated by development that would result from this Project are considered a less than significant impact. d) Result in inadequate emergency access?
Both the Fire and Police Departments have reviewed the Project plans and did not express concerns about emergency access to the property. Future site development will be required to comply with current access standards at the time a specific development project is proposed. As such, impacts to emergency access for this project are considered to be less than significant.

74 3.18. Tribal Cultural Resources
Table 3-18: Tribal Cultural Resources
Would the project: Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Would the project cause of substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in Public
Resources Code section 5020.1(k), or
X
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.

X

3.18.1 Environmental Setting/Affected Environment
This section describes the affected environment and regulatory setting for Tribal Cultural Resources (TCRs). The following analysis of the potential environmental impacts related to TCRs is derived primarily from the Environmental Impact Report for the City of Yuba City General Plan (2004) and consultation record with California Native American tribes under Assembly Bill 52 and Senate Bill 18.

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

The quality of significance in American history, architecture, archaeology, and culture is present in districts, sites, buildings, structures, and objects of state and local importance that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:
▪ That are associated with events that have made a significant contribution to the broad patterns of our history; or
▪ That are associated with the lives of persons significant in our past; or

75 ▪ That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or ▪ That have yielded, or may be likely to yield, information important to prehistory or history.

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

3.18.2 State Regulatory Setting
Assembly Bill 52: Effective July 1, 2015, Assembly Bill 52 (AB 52) amended CEQA to require that: 1) a lead agency provide notice to any California Native American tribes that have requested notice of projects proposed by the lead agency; and 2) for any tribe that responded to the notice within 30 days of receipt with a request for consultation, the lead agency must consult with the tribe. Topics that may be addressed during consultation include TCRs, the potential significance of project impacts, type of environmental document that should be prepared, and possible mitigation measures and project alternatives.

Pursuant to AB 52, Section 21073 of the Public Resources Code defines California Native American tribes as “a Native American tribe located in California that is on the contact list maintained by the NAHC for the purposes of Chapter 905 of the Statutes of 2004.” This includes both federally and non-federally recognized tribes.

Section 21074(a) of the Public Resource Code defines TCRs for the purpose of CEQA as:
1) Sites, features, places, cultural landscapes (geographically defined in terms of the size and scope), sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
a. included or determined to be eligible for inclusion in the California Register of Historical Resources; and/or
b. included in a local register of historical resources as defined in subdivision (k) of Section 5020.1; and/or
c. a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe.

Because criteria a and b also meet the definition of a Historical Resource under CEQA, a TCR may also require additional consideration as a Historical Resource. TCRs may or may not exhibit archaeological, cultural, or physical indicators.

Recognizing that California tribes are experts in their TCRs and heritage, AB 52 requires that CEQA lead agencies initiate consultation with tribes at the commencement of the CEQA process to identify TCRs.

Furthermore, because a significant effect on a TCR is considered a significant impact on the environment under CEQA, consultation is required to develop appropriate avoidance, impact minimization, and mitigation measures.

Senate Bill 18: Effective March 2005, it requires city and county governments to consult with California Native American tribes early in the planning process with the intent of protecting traditional tribal cultural places. The purpose of involving the tribes at the early stage of planning efforts is to allow consideration

76 of tribal cultural places in context of broad local land use policy before project-level land use decisions are made by a local government. As such, SB 18 applies to the adoption or substantial amendment of general or specific plans. As the later adopted AB 52 provides for a similar review process for all discretionary reviews including general plan amendments and specific plan amendments, the provisions of SB 18 fall within the SB 52 review process for purposes of this document.

3.18.3 Cultural Setting
The Nisenan (also referred to as Southern Maidu) inhabited the General Plan area prior to large-scale European and Euroamerican settlement of the surrounding area. Nisenan territory comprised the drainages of the Yuba, Bear, and American Rivers, and the lower drainages of the Feather River. The Nisenan, together with the Maidu and Konkow, their northern neighbors, form the Maiduan language family of the Penutian linguistic stock (Shipley 1978:89). Kroeber (1976:392) noted three dialects:

Northern Hill Nisenan, Southern Hill Nisenan, and Valley Nisenan. Although cultural descriptions of this group in the English language are known from as early as 1849, most of our current cultural knowledge comes from various anthropologists in the early part of the 20th century (Levy 1978:413; Wilson and Towne 1978:397).

The basic subsistence strategy of the Nisenan was seasonally mobile hunting and gathering. Acorns, the primary staple of the Nisenan diet, were gathered in the valley along with seeds, buckeye, salmon, insects, and a wide variety of other plants and animals. During the warmer months, people moved to mountainous areas to hunt and collect food resources, such as pine nuts. Bedrock and portable mortars and pestles were used to process acorns. Nisenan settlement patterns were oriented to major river drainages and tributaries. In the foothills and lower Sierra Nevada, Nisenan located their villages in large flats or ridges near major streams. These villages tended to be smaller than the villages in the valley. (Wilson and Towne 1978:389–390.)
Trade provided other valuable resources that were not normally available in the Nisenan environment.

The Valley Nisenan received black acorns, pine nuts, manzanita berries, skins, bows, and bow wood from the Hill Nisenan to their east, in exchange for fish, roots, grasses, shells, beads, salt, and feathers (Wilson and Towne 1978). To obtain, process, and utilize these material resources, the Nisenan had an array of tools to assist them. Wooden digging sticks, poles for shaking acorns loose, and baskets of primarily willow and redbud were used to gather vegetal resources. Stone mortars and pestles were used to process many of the vegetal foods; baskets, heated stones, and wooden stirring sticks were used for cooking. Basalt and obsidian were primary stone materials used for making knives, arrow and spear points, clubs, arrow straighteners, and scrapers (Wilson and Towne 1978).

Nisenan settlement locations depended primarily on elevation, exposure, and proximity to water and other resources. Permanent villages were usually located on low rises along major watercourses. Village size ranged from three houses to 40 or 50 houses. Larger villages often had semi-subterranean dance houses that were covered in earth and tule or brush and had a central smoke hole at the top and an entrance that faced east (Wilson and Towne 1978:388). Early Nisenan contact with Europeans appears to have been limited to the southern reaches of their territory. Spanish expeditions intruded into Nisenan territory in the early 1800s. In the two or three years following the gold discovery, Nisenan territory was overrun by immigrants from all over the world. Gold seekers and the settlements that sprang up to support them were nearly fatal to the native inhabitants. Survivors worked as wage laborers and domestic help and lived on the edges of foothill towns. Despite severe depredations, descendants of the Nisenan still live in their original land area and maintain and pass on their cultural identity.

77 3.18.5 Summary of Native American Consultation
In response to AB 52 and SB 18 the City supplied the following Native American tribes with a project description and map of the proposed project area and a request for comments:
▪ United Auburn Indian Community of the Auburn Rancheria ▪ Yocha Dehe Wintun Nation
▪ Estom Yomeka Maidu Tribe of the Enterprise Rancheria
▪ Mechoopda Indian Tribe
▪ Pakan’yani Maidu of Strawberry Valley
▪ Mooretown Rancheria of Maidu Indians
▪ Ione Band of Miwok Indians

3.18.6 Thresholds of Significance
AB 52 established that a substantial adverse change to a TCR has a significant effect on the environment.

The thresholds of significance for impacts to TCRs are as follows:

Would the Project cause a substantial adverse change to a TCR, defined in Section 21074 as sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a Native American tribe that are:
▪ Included or determined to be eligible for inclusion in the California Register of Historical Resources;
▪ Included in a local register of historical resources as defined in subdivision k of Section 5010.1; and/or
▪ Determined by the City to be significant, as supported by substantial evidence, including:
o A cultural landscape with a geographically defined boundary; o A historical resource as described in Section 21084.1 (either eligible for or listed on the California Register of Historical Resources or listed on a local registry); o A unique archaeological resource as defined in Section 21083.2; and/or o A non-unique archaeological resource as defined in Section 21083.2.

In assessing substantial adverse change, the City must determine whether or not the project will adversely affect the qualities of the resource that convey its significance. The qualities are expressed through integrity. Integrity of a resource is evaluated with regard to the retention of location, design, setting, materials, workmanship, feeling, and association [CCR Title 14, Section 4852(c)]. Impacts are significant if the resource is demolished or destroyed or if the characteristics that made the resource eligible are materially impaired [CCR Title 14, Section 15064.5(a)]. Accordingly, impacts to a TCR would likely be significant if the project negatively affects the qualities of integrity that made it significant in the first place. In making this determination, the City need only address the aspects of integrity that are important to the TCR’s significance.

3.18.7 Impact Assessment/Environmental Consequences:

78 a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k).

There are no buildings on the property and the site has been previously graded for the construction of the existing approved subdivision. Therefore, the potential impacts on any historical resources are considered to be less than significant.
b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1.

In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

The City solicited consultation with culturally affiliated California Native American tribes (regarding the proposed project in accordance with SB 18 and AB 52. No tribe responded to the request. As such, the Unanticipated Discoveries mitigation is applied to this Project. With this mitigation measure, the impact on cultural resources will be less than significant.

3.18.8 Tribal Cultural Mitigation Measures
Tribal Cultural Resources Mitigation 1: Unanticipated Discoveries: If any suspected TCRs are discovered during ground disturbing construction activities, all work shall cease within 100 feet of the find, or an agreed upon distance based on the project area and nature of the find. A Tribal Representative from a California Native American Tribe that is traditionally and culturally affiliated with a geographic area shall be immediately notified and shall determine if the find is a TCR (PRC 21074). The Tribal Representative will make recommendations for further evaluation and treatment as necessary.

Preservation in place is the preferred alternative under CEQA and UAIC protocols, and every effort must be made to preserve the resources in place, including through project redesign. Culturally appropriate treatment may be, but is not limited to, processing materials for reburial, minimizing handling of cultural objects, leaving objects in place within the landscape, returning objects to a location within the project area where they will not be subject to future impacts. The Tribe does not consider curation of TCR’s to be appropriate or respectful and request that materials not be permanently curated, unless approved by the Tribe.

The contractor shall implement any measures deemed by the CEQA lead agency to be necessary and feasible to preserve in place, avoid, or minimize impacts to the resource, including but limited to, facilitating the appropriate tribal treatment of the find, as necessary. Treatment that preserves or restores the cultural character and integrity of a Tribal Cultural Resource may include Tribal monitoring, culturally appropriate recovery of cultural objects, and reburial of cultural objects or cultural soil.

Work at the discovery location cannot resume until all necessary investigation and evaluation of the discovery under the requirements of CEQA, including AB 523 has been satisfied.

79 3.19. Utilities and Service Systems
Table 3-19: Utilities and Service Systems
Would the project: Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Require or result in the relocation or construction
of new or expanded water or wastewater
treatment or storm drainage, electric power,
natural gas, or telecommunications facilities, the
construction or relocation of which could cause
significant environmental effects?
X
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry, and multiple dry
years?
X
c) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
projected demand in addition to the existing
commitments?
X
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment
of solid waste reduction goals?
X
e) Comply with federal, state, and local management
and reduction statutes and regulations related to
solid waste?
X

3.19.1 Environmental Setting/Affected Environment
Wastewater:

Yuba City owns, operates, and maintains the wastewater collection, treatment, and disposal system that provides sewer service to approximately 60,000 residents and numerous businesses. The remainder of the residents and businesses in the Yuba City Sphere of Influence (SOI) are currently serviced by private septic systems. In the early 1970s, the City’s original sewage treatment plant was abandoned, and the current Wastewater Treatment Facility (WWTF) was constructed.

Water:

The water supply source for the City is surface water from the Feather River with use of a backup groundwater well. The City of Yuba City is a public water agency with over 18,000 connections. City policy only allows areas within the City limits to be served by the surface water system.

Reuse and Recycling:

Solid waste generated in Yuba City is collected by Recology Yuba-Sutter. Recology offers residential, commercial, industrial, electronic, and hazardous waste collection, processing, recycling, and disposal, as well as construction and demolition waste processing, diversion, and transfer to a disposal facility. The

80 City’s municipal solid waste is delivered to the Ostrom Road Landfill; a State-permitted solid waste facility that provides a full range of transfer and diversion services. As of June 2021, the Recology Ostrom Road Landfill Remaining Site Net Airspace is 33,764,000 cy; and has a remaining capacity of 21,297,000 tons; and remaining landfill service life is anticipated to be 53 years.

3.19.2 Federal Regulatory Setting
National Pollutant Discharge Elimination System: Discharge of treated wastewater to surface water(s) of the U.S., including wetlands, requires an NPDES permit. In California, the RWQCB administers the issuance of these federal permits. Obtaining a NPDES permit requires preparation of detailed information, including characterization of wastewater sources, treatment processes, and effluent quality. Any future development that exceeds one acre in size would be required to comply with NPDES criteria, including preparation of a Stormwater Pollution Prevention Plan (SWPPP) and the inclusion of BMPs to control erosion and offsite transport of soils.

3.19.3 State Regulatory Setting
State Water Resources Control Board (SWRCB): Waste Discharge Requirements Program. State regulations pertaining to the treatment, storage, processing, or disposal of solid waste are found in Title 27, CCR, Section 20005 et seq. (hereafter Title 27). In general, the Waste Discharge Requirements (WDRs) Program (sometimes also referred to as the “Non-Chapter 15 (Non 15) Program”) regulates point discharges that are exempt pursuant to Subsection 20090 of Title 27 and not subject to the Federal Water Pollution Control Act. Exemptions from Title 27 may be granted for nine categories of discharges (e.g., sewage, wastewater, etc.) that meet, and continue to meet, the preconditions listed for each specific exemption. The scope of the WDRs Program also includes the discharge of wastes classified as inert, pursuant to Section 20230 of Title 27. Several programs are administered under the WDR Program, including the Sanitary Sewer Order and recycled water programs.

Department of Resources Recycling and Recovery (CalRecycle): The Department of Resources Recycling and Recovery (CalRecycle) is the State agency designated to oversee, manage, and track the 76 million tons of waste generated each year in California. CalRecycle develops laws and regulations to control and manage waste, for which enforcement authority is typically delegated to the local government. The board works jointly with local government to implement regulations and fund programs.

The Integrated Waste Management Act of 1989 (PRC 40050 et seq. or Assembly Bill (AB 939, codified in PRC 40000), administered by CalRecycle, requires all local and county governments to adopt a Source Reduction and Recycling Element to identify means of reducing the amount of solid waste sent to landfills.

This law set reduction targets at 25 percent by the year 1995 and 50 percent by the year 2000. To assist local jurisdictions in achieving these targets, the California Solid Waste Reuse and Recycling Access Act of 1991 requires all new developments to include adequate, accessible, and convenient areas for collecting and loading recyclable and green waste materials.

Regional Water Quality Control Boards: The primary responsibility for the protection of water quality in California rests with the State Water Resources Control Board (State Board) and nine Regional Water Quality Control Boards. The State Board sets statewide policy for the implementation of state and federal laws and regulations. The Regional Boards adopt and implement Water Quality Control Plans (Basin Plans), which recognize regional differences in natural water quality, actual and potential beneficial uses, and water quality problems associated with human activities.

81 National Pollutant Discharge Elimination System (NPDES) Permit: As authorized by the Clean Water Act (CWA), the National Pollutant Discharge Elimination System (NPDES) Permit Program controls water pollution by regulating point sources that discharge pollutants into water of the United States. In California, it is the responsibility of Regional Water Quality Control Boards (RWQCB) to preserve and enhance the quality of the state’s waters through the development of water quality control plans and the issuance of waste discharge requirements (WDRs). WDRs for discharges to surface waters also serve as NPDES permits.

California Department of Water Resources: The California Department of Water Resources (DWR) is a department within the California Resources Agency. The DWR is responsible for the State of California's management and regulation of water usage.

3.19.4 Impact Assessment/Environmental Consequences:
a) Require or result in the relocation or construction of new or expanded water or wastewater treatment or storm drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? The response to a) is provided below as part of the response to b). b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? Development that could result from this Project will connect to both the City’s water and wastewater treatment systems. The Yuba City Wastewater Treatment Facility (WWTF) has available capacity to accommodate new growth. The WWTF current permitted capacity is 10.5 mgd (annual average dry weather flow). The existing average influent flow to the WWTF is approximately 6 mgd. The remaining treatment capacity at the WWTF can be used to accommodate additional flow from the future developments.

The City’s Water Treatment plant (WTP), for which its primary source of water is from the Feather River, also has adequate capacity to accommodate this project. The WTP uses two types of treatment systems, conventional and membrane treatment. The permitted capacity of the conventional WTP is 24 million gallons per day (mgd). The membrane treatment system has a permitted capacity of 12 mgd. Water produced from the conventional and the membrane treatment plants are blended for chlorine disinfection. Operating the conventional and membrane treatment facilities provides a total WTP capacity of 36 mgd. The City is permitted to draw 30 mgd from the Feather River. The current maximum day use is 26 mgd. The City also has an on-site water well at the water plant that supplements the surface water when needed.

For both facilities there are City adopted master plans to expand those plants to the extent that they will accommodate the overall growth of the City.

The ongoing expansions of those plants to accommodate growth beyond this project are funded by the connection fees paid by each new connection. Therefore, the impact on the water and wastewater treatment facilities will be less than significant.

Stormwater drainage in this area is provided by a combination of Yuba City drainage lines and the Gilsizer County Drainage District. As the Gilsizer County Drainage District did not comment on the Project, the

82 impacts from development that may be due to this GPA/RZ on the stormwater drainage system will be less than significant.

The extension of electric power facilities, natural gas facilities and telecommunication facilities are provided by private companies, none of which have voiced concerns over the extensions of their services to this Project site. With these considerations the impacts on these types of facilities are expected to be less than significant.
c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the projected demand in addition to the existing commitments? See Part b), above for the response to this item.
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals.

The proposed Project will alter land-use designations to provide for multi-family development of potentially 9-24 dwelling units. The development of these units and the ongoing waste service to be provided by Recology Yuba-Sutter, is required to comply with new State standards for solid waste reduction as all residences in the region are required to. A less than significant impact is anticipated. e) Comply with federal, state, and local statutes and regulations related to solid waste? Recology Yuba-Sutter provides solid waste disposal for the area as well as for all of Sutter and Yuba Counties. There is adequate collection and landfill capacity to accommodate the proposed development.

83 3.20. Wildfire
Table 3-20: Wildfire
If located in or near state responsibility areas or
lands classified as very high fire hazard severity
zones, would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan? X
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
X
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines
or other utilities) that may exacerbate fire risk
or that may result in temporary or ongoing
impacts to the environment?
X
d) Expose people or structures to significant risks,
including downslope or downstream flooding
or landslides, as a result of runoff, post-fire
slope instability, or drainage changes?
X

3.20.1 Environmental Setting/Affected Environment
Wildland fires are an annual hazard in Sutter County, particularly in the vicinity of the Sutter Buttes, and, to a lesser degree due to urbanized development, Yuba City. Wildland fires burn natural vegetation on undeveloped lands and include rangeland, brush, and grass fires. Long, hot, and dry summers with temperatures often exceeding 100°F add to the County’s fire hazard. Human activities are the major causes of wildland fires, while lightning causes the remaining wildland fires. Irrigated agricultural areas, which tend to surround Yuba City, are considered a low hazard for wildland fires.

The California Department of Forestry and Fire Protection’s Fire and Resource Assessment Program identifies fire threat based on a combination of two factors: 1) fire frequency, or the likelihood of a given area burning, and 2) potential fire behavior (hazard). These two factors are combined in determining the following Fire Hazard Severity Zones: Moderate, High, Very High, Extreme. These zones apply to areas designated as State Responsibility Areas – areas in which the State has primary firefighting responsibility.

The Project site is not within a State Responsibility Area and therefore has not been placed in a Fire Hazard Severity Zone.

3.20.2 Impact Assessment/ Environmental Consequences

84 a) Substantially impair an adopted emergency response plan or emergency evacuation plan? As discussed in Section 3.17 of this Initial Study, development of this parcel that could result from this GPA/RZ is not expected to substantially obstruct emergency vehicles or any evacuations that may occur in the area. Subsequent development will be required to comply with adopted standards for access to ensure that development will not conflict with an adopted emergency response or evacuation plan. As a result, the potential impact of this project is considered to be less than significant. b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? The Project site is in a level urban area with no native vegetation remaining, and the urban area is surrounded by irrigated farmland. This type of environment is generally not subject to wildfires. In light of this, the exposure of potential new residences that may be constructed as a result of this GPA/RZ to wildfire is considered a less than significant impact.
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
As discussed above, the site is not near any wildland areas and the Project itself does not propose any development. As such the Project will not be constructing or maintaining wildfire related infrastructure such as fire breaks, emergency water sources, etc. Thus, the Project will not generate any impacts. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? The Project site is in a topographically flat area. There are no streams or other channels that cross the site. As such, it is not expected that people or structures would be exposed to significant risks from changes resulting from fires in steeper areas, including downslope or downstream flooding or landslides.

Impacts of the Project related to these issues would be less than significant.

85 3.21. Mandatory Findings of Significance
Table 3.21: Mandatory Findings of Significance
Would the Project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, substantially reduce the number, or
restrict the range of a rare or endangered plant or
animal or eliminate important example of the
major periods of California history or prehistory?
X
b) Have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects
of a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects, and the effects of
probable future projects)
X
c) Have environmental effects, which will cause
substantial adverse effects on human beings,
either directly or indirectly?
X

3.21.1 Impact Assessment/Environmental Consequences:
a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number, or restrict the range of a rare or endangered plant or animal or eliminate important example of the major periods of California history or prehistory?
The Project site was stripped many years ago of native vegetation, likely for agricultural uses and more recently for urban uses. Therefore any development that could occur as a result of this Project will not significantly degrade the quality of the natural environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate an important example of the major periods of California history or prehistory.

The analysis conducted in this Initial Study/Mitigated Negative Declaration results in a determination that the proposed Project, with its mitigation measures, will have a less than significant effect on the local environment.
b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when

86 viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)
CEQA Guidelines Section 15064(i) states that a Lead Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the project are cumulatively considerable. The assessment of the significance of the cumulative effects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects.

This amendment to the Land Use Element of the General Plan was compared to policies in other elements of the General Plan. As such the potential traffic generated by development that may result from this GPA/RZ is within what was anticipated in the General Plan which considered anticipated future growth of the area. The City has adequate water and wastewater capacity, and the potential development will be utilizing those services. Stormwater drainage will also meet all City standards. There will be no loss of agricultural land. The Yuba City Unified School District has not indicated that they lack capacity to provide proper educational facilities to the new students. The FRAQMD also did not comment that the Project would create any significant cumulative impacts on air quality. Therefore, there are no impacts that will be individually limited but that will create significant cumulative impacts. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly?
The development that may result from this proposed Project in and of itself would not create a significant hazard to the public or the environment. Construction-related air quality, noise, and hazardous materials exposure impacts would occur for a very short period and only be a minor impact during that time period.

Therefore, the proposed Project would not have any direct or indirect significant adverse impacts on humans.

87 4. Section References and/or Incorporated by Reference According to Section 15150 of the CEQA Guidelines, an ND may incorporate by reference all or portions of another document that is a matter of public record. The incorporated language will be considered to be set forth in full as part of the text of the ND. All documents incorporated by reference are available for review at, or can be obtained through, the City of Yuba City Development Services Department located at the address provided above. The following documents are incorporated by reference:

Fehr & Peers, Inc. September 2020. SB 743 Implementation Guidelines for City of Yuba City.

Governor’s Office of Planning and Research, November 2017. Technical Advisory on Evaluating Transportation Impacts in CEQA.

Sacramento Area Council of Governments. Hex Maps. Work VMT-2020 MTP/SCS (Adopted).

California Department of Conservation, Division of Land Resource Protection (CDC DLRP). 2014. Farmland Mapping and Monitoring Program – Sutter County Important Farmland 2012. August 2014.

California Department of Conservation, Division of Land Resource Protection (CDC DLRP). 2013. Sutter County Williamson Act FY 2013/2014.

Carollo. 2011. City of Yuba City 2010 Urban Water Management Plan. June 2011.

Yuba City, City of. 2016. City of Yuba City Municipal Code. https://www.municode.com/library/ca/yubacity/codes/code_of_ordinances Dyett & Bhatia. 2004. City of Yuba City General Plan. Adopted April 8, 2004.

Yuba City General Plan, 2004 Environmental Impact Report. (SCH #2001072105).

Fehr & Peers Associates, Inc. 1995. Yuba-Sutter Bikeway Master Plan. December 1995. “Determination of 1-in-200 Year Floodplain for Yuba City Urban Level of Flood Protection Determination,” prepared for Yuba City by MBK Engineers, November 2015.

Sutter County General Plan.

Feather River Air Quality Management District (FRAQMD) CEQA Significance Thresholds.

Yuba Sutter Transit Route Map.

California Department of Conservation, California Geological Survey. “Fault Zone Activity Map.” AlquistPriolo Earthquake Fault Zones.

California Department of Toxic Substances Control (DTSC). 2016. EnviroStor. Available at http://www.envirostor.dtsc.ca.gov/public/

88 California Department of Conservation, Division of Land Resource Protection Farmland Mapping and Monitoring Program – Sutter County Important Farmland Map.

Federal Emergency Management Agency (FEMA), Flood Insurance Rate Maps.

Carollo. 2011. City of Yuba City 2010 Urban Water Management Plan. June 2011.

City of Yuba City Wastewater Master Plan.

Sutter County Airport Comprehensive Land Use Plan, April 1994.

Yuba County Airport Land Use Compatibility Plan, Sept. 2010.

California Department of Transportation (Caltrans). 2011. California Scenic Highway Mapping System website. Updated September 7, 2011. Available at
http://dot.ca.gov/hq/LandArch/16_livability/scenic_highways/index.htm

89 Appendix A
City of Yuba City

MITIGATION MEASURE AND MONITORING PLAN
Bains on Bridge Street GPA/RZ
Initial Study and Mitigated Negative Declaration EA 23-04 For General Plan Amendment 23-02 and Rezone 23-02

90 City of Yuba City

MITIGATION MEASURE AND MONITORING PLAN
Bains on Bridge Street GPA/RZ
Initial Study and Mitigated Negative Declaration EA 23-04 For General Plan Amendment 23-02 and Rezone 23-02
Impact Mitigation Measure Responsible
Party
Monitoring
Party Timing

3.7 Geology
and Soils
Paleontological Mitigation Measure 1:

This Mitigation Measure shall be placed
as a note on the Demolition and Grading
Plans. If paleontological resources are
found, the construction manager shall
halt all activity and immediately contact
the Development Services Department
at 530-822-4700.

Mitigation shall be conducted as follows:

1. Identify and evaluate
paleontological resources by
intense field survey where
impacts are considered high;

2. Assess effects on identified sites;

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

4. Obtain comments from the
researchers;

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

In considering any suggested mitigation
proposed by the consulting
paleontologist, the City’s Community
Development Department Staff shall
determine whether avoidance is
necessary and feasible in light of factors
such as the nature of the find, project
Developer Public Works
Dept.,
Development
Services Dept.

During
grading
phase

91 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
Gases
Greenhouse Gas Mitigation 1: The site
grading and construction of the selfstorage facility shall comply with the GHG Reduction Measures provided in
the adopted Yuba City Resource
Efficiency Plan.

Developer Development
Services Dept.

Prior to
issuance of
building
permits.

3.18. Tribal
Cultural
Resources
TCR 1 If potential tribal cultural
resources (TCRs) are discovered during
ground disturbing construction
activities, all work shall cease within 100
feet of the find (or an appropriate
distance based on the apparent
distribution of the TCR). A qualified
cultural resources specialist meeting the
Secretary of Interior’s Professional
Qualifications Standards for
Archaeology, as well as Native American
Representatives from traditionally and
culturally affiliated Native American
Tribes that have engaged in
consultation for the project will be
invited to assess the significance of the
find and make recommendations for
further evaluation and treatment as
necessary. Culturally appropriate
treatment may include, but is not
limited to, processing materials for
reburial, minimizing handling of cultural
objects, leaving objects in place within
the landscape, or returning objects to a
location within the project area where
they will not be subject to future
impacts. The United Auburn Indian
Community of the Auburn Rancheria
(Tribe) does not consider curation of
TCR’s to be appropriate or respectful
and request that materials not be
Developer Public Works
Dept.,
Development
Services Dept.

During
construction
phase

92 permanently curated, unless requested
by the Tribe.

The types of treatment preferred by
UAIC that protects, preserves, or
restores the integrity of a TCR may
include Tribal Monitoring, or recovery of
cultural objects, and reburial of cultural
objects or cultural soil that is done in a
culturally appropriate manner.

Recommendations of the treatment of a
TCR will be documented in the project
record. For any recommendations made
by traditionally and culturally affiliated
Native American Tribes that are not
implemented, a justification for why the
recommendation was not followed will
be provided in the project record.

If articulated or disarticulated human
remains are discovered during ground
disturbing construction activities or
ground disturbing activities, all work
shall cease within 100 feet of the find,
and the provisions provided in the
Health and Safety Code Section 7054
shall apply. If the remains are
determined by the County Coroner to
be human and that of a Native
American, then Public Resources Code
5097.98, 5097.99. 5097.991, and
compliance with the provisions of CEQA
Guidelines Section 15064.5(e)(1) and (2)
shall be implemented.

1 City of Yuba City

MITIGATION MEASURE AND MONITORING PLAN
Bains on Bridge Street GPA/RZ
Initial Study and Mitigated Negative Declaration EA 23-04 For General Plan Amendment 23-02 and Rezone 23-02
Impact Mitigation Measure Responsible Party Monitoring
Party Timing

3.7 Geology and Soils Paleontological Mitigation Measure 1: This Mitigation Measure shall be placed as a note on the Demolition and Grading Plans. If paleontological resources are found, the construction manager shall halt all activity and immediately contact the Development Services Department at 530-822- 4700.

Mitigation shall be conducted as follows:

1. Identify and evaluate paleontological resources by intense field survey where impacts are considered high;

2. Assess effects on identified sites;

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

4. Obtain comments from the researchers;

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

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

Developer Developer,
Public Works
Dept.,
Development
Services Dept.

During
grading phase

2 3.8. Greenhouse Gases Greenhouse Gas Mitigation 1: The site grading and construction of the self-storage facility shall comply with the GHG Reduction Measures provided in the adopted Yuba City Resource Efficiency Plan.

Developer Development
Services Dept.

Prior to
issuance of
building
permits.

3.18. Tribal Cultural
Resources
TCR 1 If potential tribal cultural resources (TCRs) are discovered during ground disturbing construction activities, all work shall cease within 100 feet of the find (or an appropriate distance based on the apparent distribution of the TCR). A qualified cultural resources specialist meeting the Secretary of Interior’s Professional Qualifications Standards for Archaeology, as well as Native American Representatives from traditionally and culturally affiliated Native American Tribes that have engaged in consultation for the project will be invited to assess the significance of the find and make recommendations for further evaluation and treatment as necessary. Culturally appropriate treatment may include, but is not limited to, processing materials for reburial, minimizing handling of cultural objects, leaving objects in place within the landscape, or returning objects to a location within the project area where they will not be subject to future impacts. The United Auburn Indian Community of the Auburn Rancheria (Tribe) does not consider curation of TCR’s to be appropriate or respectful and request that materials not be permanently curated, unless requested by the Tribe.

The types of treatment preferred by UAIC that protects, preserves, or restores the integrity of a TCR may include Tribal Monitoring, or recovery of cultural objects, and reburial of cultural objects or cultural soil that is done in a culturally appropriate manner. Recommendations of the treatment of a TCR will be documented in the project record. For any recommendations made by traditionally and culturally affiliated Native American Tribes that are not implemented, a justification for why the recommendation was not followed will be provided in the project record.

If articulated or disarticulated human remains are discovered during ground disturbing construction activities or ground disturbing activities, all work shall cease within 100 feet of the find, and the provisions provided in the Health and Safety Code Section 7054 shall apply. If the remains are Developer Developer,
Public Works
Dept.,
Development
Services Dept.

During
construction
phase

3 determined by the County Coroner to be human and that of a Native American, then Public Resources Code 5097.98, 5097.99. 5097.991, and compliance with the provisions of CEQA Guidelines Section 15064.5(e)(1) and (2) shall be implemented.

Agenda Item 14

CITY OF YUBA CITY

STAFF REPORT
Date: September 19, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: General Plan Amendment No. 3 of 2023
Recommendation: Adopt a Resolution of the City Council of the City of Yuba City approving General Plan Amendment No. 3 of 2023
Fiscal Impact: The cost for processing land use entitlements is funded by the project applicant through the payment of application fees.

Purpose:

Adopting a third amendment to the General Plan for calendar year 2023.

Council’s Strategic Goal:

This item meets the City Council’s strategic goal of business friendly.

Background:

Government Code Section 65358 (b) limits cities and counties to four amendments to a general plan annually. To address this limitation, jurisdictions traditionally bundle individual projects together and bring them forward for adoption as a single amendment.

Analysis:

This year, the City has previously adopted two amendments to its General Plan including one for our Housing Element implementation project in May as well as a separate amendment for a private development project in January along Spirit Drive.

Attached is a resolution adopting General Plan Amendment No. 3 for 2023 that includes the following two projects that were previously considered and recommended for approval by the Planning Commission since May of this year.
• General Plan Amendment 22-01 (Ratliff)
• General Plan Amendment 23-02 (Bains)
Fiscal Impact:

The cost for processing land use entitlements is funded by the project applicant through the payment of application fees.

Alternatives:

The City Council previously conducted public hearings for the General Plan Amendments included in the attached resolution and determined they should be approved. This item finalizes previous Council action so there are no known alternatives that are available.

Recommendation:

Adopt a Resolution of the City Council of the City of Yuba City approving General Plan Amendment No. 3 of 2023
Attachments:

1. Proposed Resolution adopting General Plan Amendment No. 3 for 2023 Prepared By: Submitted By:

Doug Libby, AICP
Deputy Director of Development Services
Diana Langley
City Manager

ATTACHMENT 1

01248.0005/916933.1
RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

APPROVING AN AMENDMENT OF THE GENERAL PLAN FOR THE
FOLLOWING:
• GENERAL PLAN AMENDMENT 22-01 (RATLIFF PROJECT)
• GENERAL PLAN AMENDMENT 23-02 (BAINS PROJECT)
WHEREAS, in 2004 the City Council of the City of Yuba City adopted a general plan entitled “Yuba City General Plan” (General Plan), which addresses the physical development, growth, and use of City resources; and
WHEREAS, the City Council may amend all or part of the adopted General Plan as may be warranted; and
WHEREAS, except as otherwise provided by law, under State law no mandatory element of a general plan may be amended more than four times during any calendar year; and WHEREAS, due to relative age of the City’s existing General Plan, combined with the expanding nature of the growth within the City’s jurisdictions and its existing population, more than four projects proposing amendments to the General Plan are likely to be proposed within each calendar year; and
WHEREAS, to ensure that needed development is not unduly delayed due given the number of projects and constraints on amendments, the City desires to include projects proposing to amend a component of the City’s General Plan into a consolidated group for the purposes of a single amendment to the General Plan, and to finally approve the same by a single resolution, for the purpose of procedural streamlining; and
WHEREAS, to also ensure transparency, opportunity for public comment, and that all the necessary findings can be made for each project comprising the amendment to the General Plan, the City Council has first individually noticed and considered recommendations and findings of the Planning Commission related to each project proposing to amend a component of the General Plan, made no substantial modification to the same, held individual public hearings for each project, and then adopted individual project resolutions contingently approving the project’s proposed portion of the General Plan amendment, along with the approval of associated environmental assessments for each project, subject to the final adoption of this Resolution; and WHEREAS, in additional to individually noticing each individual project proposing to participate in the amendment of the General Plan, the City has also provided additional notice of this consolidated General Plan amendment as required by law; and WHEREAS, after hearing and considering this matter, the City Council now desires to adopt this Resolution, and approve the consolidated amendment to the General Plan for the projects identified below.

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

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

01248.0005/916933.1

2. CEQA. The City Council finds that an environmental assessment pursuant to the California Environmental Quality Act (CEQA) was prepared for each of the projects identified below, the appropriate environmental finding was adopted and approved for each project as set forth in the resolution corresponding to each project, which is referenced herein. Additionally, the City Council finds that no subsequent environmental review is required as none of the conditions set forth in CEQA Guidelines section 15162(a) have occurred, and no additional documentation is required. As such no further action is required under CEQA.

3. Findings. The City Council finds that public necessity, general welfare, good planning practices, public interest, and convenience warrant approval of the amendment to the General Plan as proposed by the amendment thereto for the General Plan Amendment(s) identified in Section 4, below. The City Council finds that the amendment of the General Plan as proposed is:
a. Consistent with the General Plan goals and policies, any operative plan, or adopted policy;
b. Does not affect the implementation of the General Plan with respect to surrounding properties. The proposed amendment is consistent with the purpose of the zoning ordinance to promote and protect the public's health, safety, peace, comfort, convenience and general welfare.
c. The potential impacts of the amendment have been assessed for each component as required by CEQA as noted above and have been determined not to be detrimental to the public health, safety, or welfare.

The City Council further incorporates, as if set forth in full, each of the findings related to the amendment of the General Plan set forth in the project resolutions identified below. As such, approval of the amendment to the General Plan would be in the best interest of the City.

4. Approval of Amendment to General Plan. The City Council adopts this amendment to the General Plan for the following items per the designations, depictions, conditions, and exhibits as further described in each project resolution, which resolutions are incorporated herein as if set forth in full:
a. General Plan Amendment 22-01 (Ratliff Project); City Council Resolution No. ___. b. General Plan Amendment 23-02 (Bains Project); City Council Resolution No. ___.

These items are collectively considered to be a consolidated, single amendment of the General Plan for the purposes of Government Code section 65358(b).

5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, including any specific project component of the amendment to this General Plan is, for any reason, held to be invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or related specific project component of this Resolution. The City Council hereby declares that it would have adopted this Resolution 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, including any specific project component of the amendment to the General Plan, may be declared invalid.

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

01248.0005/916933.1
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 19th day of September 2023.

AYES:

NOES:

ABSENT:
_____________________________
Wade Kirchner, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
_________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 15

CITY OF YUBA CITY

STAFF REPORT
Date: September 19, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: CDBG 2022 Consolidated Annual Performance and Evaluation Report Recommendation: A. Conduct a Public Hearing and after consideration; B. Approve the 2022 CAPER and adopt a Resolution authorizing staff to submit all necessary documents to the U.S. Department of Housing and Urban Development (HUD)
Fiscal Impact: No direct fiscal impact would result from approving the 2022 CAPER Purpose:

To solicit public input on the City’s Community Development Block Grant (CDBG) program and approve submission of the 2022 Consolidated Annual Performance and Evaluation Report.

Council’s Strategic Goal:

This item address Council’s goal of infrastructure in that the City receives funding from the federal U.S.

Department of Housing and Urban Development to address housing and community development within the City.

Background:

The Consolidated Annual Performance and Evaluation Report (CAPER) is required of all jurisdictions that receive CDBG entitlement funds from the U.S. Department of Housing and Urban Development (HUD). The purpose of the CAPER is to evaluate the City’s progress in using CDBG funds to meet the housing and community development goals contained in the City’s five-year Consolidated Plan. The City’s grant allocation for the 2022-2023 Program Year (PY) was $628,525. Per HUD guidelines, these funds must be used to further the overall goals of the CDBG program to provide decent, safe, sanitary housing; a suitable living environment; and to expand economic opportunities for low and moderateincome persons. The PY covers the period from July 1, 2022, to June 30, 2023.

Analysis:

The purpose of the hearing is to solicit community feedback on the City’s efforts in utilizing its CDBG funding to meet the housing and community development goals outlined in the City’s Five-Year Consolidated Plan. It also provides the public an opportunity to identify community housing needs.

In addition to this public hearing, the City is holding a public comment period, which commenced on September 6, 2023, and will end on September 22, 2023. Citizens and organizations are encouraged to submit comments regarding the report during this time. To date, no public comments have been received.
2022 Program Year Accomplishments
During the 2022 PY, approximately $94,000 was expended. Below is a summary of the 2022 PY progress:

Housing Rehabilitation Activities:
• Approximately $19,000 was expended and a total of 22 extremely low, low-, and moderateincome disabled or senior households were assisted through the FREED Home Repair project, which provided minor health and safety repairs, accessibility modifications and energy efficiency improvements to homes.

Public Service Activities:
• 516 people were assisted and $50,000 was expended by the Sutter Yuba Homeless Consortium (SYHC) Homeless Assistance Program. The SYHC provides support services to people experiencing temporary homelessness. The SYHC partners with the Central Valley Homeless Veterans Assistance Program, which provides first-month’s rent and security deposits to homeless veterans, Bridges to Housing, an organization assisting the homeless or near homeless families with security deposits so they may secure rental housing, and Hands of Hope, a program that provides assistance and mentoring to homeless women and children. • 22 people were assisted and $7,700 expended through the Play-for-All Initiative through Playzeum, which provides low-income youth with scholarships for summer classes and workshops.

Public Facilities Improvements:
• ADA Public Facility Improvements Project: The City set aside $244,000 (some of this funding comes from previous years’ unexpended funds) for the installation of ADA improvements throughout the City’s Qualified Low/Mod Census Tracts. This project was put on hold but is expected to be bid in Winter 2023 and construction to begin shortly after. • Sam Brannan Park Improvements: No-climb fence and increased lighting were installed to improve safety.

Fiscal Impact:

A total of $94,764 in CDBG funding was expended during the 2022 PY from designated 2022 activities to fund community development projects throughout the City. Approximately $530,000 remains from the 2022 CDBG allocation. An additional $427,057 was expended during the program year from both 2020 CDBG-CV and previous years’ CDBG activities (2019-2021 PY funds), signaling the continued progress of community development projects throughout the City.

Alternatives:

Delay or modify the proposed 2022 CAPER.

Recommendations:

A. Conduct a Public Hearing and after consideration;
B. Approve the 2022 CAPER and adopt a Resolution authorizing staff to submit all necessary documents to the U.S. Department of Housing and Urban Development (HUD) Attachments:

1. Resolution Approving the 2022 Consolidated Annual Performance and Evaluation Plan

2. Draft 2022 CAPER
Attachments:

1. Attachment 1 - Resolution to Approve 2022 CAPER

2. Attachment 2 - 2022 Draft CAPER
Prepared By: Submitted By:

Shannon Sardo
Administrative Analyst
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. __________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING THE 2022 CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION

REPORT, CERTIFYING COMPLIANCE WITH THE REQUIREMENTS OF THE CDBG

PROGRAM, AND AUTHORIZING STAFF TO SUBMIT ALL APPROVED DOCUMENTS TO

THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, the Department of Housing and Urban Development determined that the City of Yuba City received $628,525 under program year 2022 of the Housing and Community Development Act of 1974, as amended; and
WHEREAS, the City of Yuba City held a public hearing on September 20, 2022, to consider public comments and evaluation regarding the 2022 Consolidated Annual Performance & Evaluation Report (CAPER), the community development accomplishments and the actual use of CDBG funds contained therein; and
WHEREAS, the City of Yuba City has provided the citizens with an opportunity to review and comment on concerns involving the accomplishments of spent funds for proposed community development and housing activities, the range of activities that may be undertaken and other important program requirements, and provided citizens with adequate opportunity to participate in the review of the 2022 CAPER, including any revisions, changes or amendments thereto for public comment period commencing on September 6, 2023 and ending on September 22, 2023.

NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City that the 2022 CAPER is hereby approved, that the City Manager is authorized to execute all documents related thereto, and that staff is authorized to submit all documents to the United States Department of Housing and Urban Development.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on September 19, 2023, by the following vote:

AYES:

NOES:

ABSENT:

_______________________
Wade Kirchner, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
______________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

ATTACHMENT 2

CAPER
2022 Draft
Consolidated Annual Performance and Evaluation Report
Community Development Block Grant
Development Services Department
Adopted: September 20, 2022
CITY OF Yuba City

2022 DRAFT CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
Executive Summary
The City of Yuba City’s Development Services Department is responsible for the administration of the Community Development Block Grant (CDBG) funds, including facilitating project/program implementation, monitoring project activities and outcomes, and ensuring compliance with all the U.S. Department of Housing and Urban Development (HUD) requirements and regulations, such as fair housing, Davis-Bacon requirements (prevailing wages), environmental reviews, affirmative action, competitive bidding procedures, and fiscal and contract administration. CDBG activities are carried out by both internal City Departments, as well as external Subrecipients.

The Consolidated Annual Performance and Evaluation Report (CAPER) is a report mandated for all communities that receive CDBG entitlement funds from HUD. The 2022 CAPER covers the period from July 1, 2022 through June 30, 2023 and reports on the City’s progress in using CDBG funds to meet the housing and community development goals contained in the 2020 Consolidated Plan (Con Plan), a five-year comprehensive planning document that covers the period of July 1, 2020 through June 30, 2025. The Con Plan also identifies the City’s overall need for affordable and supportive housing as well as non-housing community development needs. It is comprised of several components, including a five-year Strategic Plan that outlines the strategy for use of available resources to meet identified needs and an Annual Action Plan (AAP) that describes the activities the City plans to undertake to meet the goals set forth in the Strategic Plan. The CAPER evaluates the City’s overall progress in carrying out priorities of assistance identified in the Con Plan and Annual Action Plan for the 2022-2023 Program Year.

CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) CDBG entitlement funds are the only Community Planning and Development (CPD) funding source the City receives to accomplish the goals and objectives outlined in the Con Plan. While other funding sources like State HOME and CalHome funds are available, CDBG funding is tailored to meet the highest priority needs and other funding sources are leveraged to assist with filling in the gaps. In addition, several community development activities are funded with CDBG to specifically target the need to provide a suitable living environment for low and moderate-income households.

The 2022 CAPER reports on the third year in the 2020 Con Plan. The City is on target for meeting the goals set by the five-year strategic plan for the City’s CDBG program. The following sections provide a more detailed analysis of the City’s performance for the 2022 Program Year.

2022 DRAFT CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Homeless Assistance Homeless
CDBG:
$50,000
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
684 516

75.44%
616 516

83.9%
Housing Rehabilitation
Affordable
Housing
CDBG:
$30,000
Homeowner Housing
Rehabilitated
Household
Housing
Unit
15 14

93.33%
53 22

41.5%
Infrastructure
Improvements/ADA
Modifications
Non-Housing
Community
Development
CDBG:
$359,214.66
Public Facility or
Infrastructure
Activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
8500 4500

52.94%
12936 0

0.00%

2022 DRAFT CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Non-Homeless Supportive
Services
NonHomeless
Special
Needs
CDBG:
$59,942
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
100 97

97.00%
190 97

32.33%
Public Facilities
Construction/Rehabilitation
Non-Housing
Community
Development
CDBG:
$209,725
Public Facility or
Infrastructure
Activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
4000 0

0.00%
12,736 0

0.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

During the 2022 Program Year (PY) the City continued to address the high priority needs identified in the Con Plan, including preservation of existing units; homeless housing and supportive services; housing and supportive services for special needs; and public improvements and infrastructure, including ADA improvements. Recognizing there are limited resources available, the City actively supported efforts by other entities to acquire funding for priority needs, identified in the Con Plan, that benefit low- and moderate-income residents.

The Sutter-Yuba Homeless Consortium (SYHC) was designated to act as the lead agency and fiscal agent in providing services and programs to the City’s homeless population. These programs and services were provided in conjunction with six (6) other non-profit agencies, Hands of Hope, Bridges to Housing, The Salvation Army, Central Valley Homeless Veterans Assistance Program, Regional Emergency Shelter Team (REST) and the Sutter County Homeless Shelter.
• Sutter Yuba Homeless Assistance: A total of $50,000 was expended to provide public and homeless services; a combined total of 516 lowPage 559 of 677 2022 DRAFT CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
income persons were assisted through the combined efforts of the Sutter-Yuba Homeless Consortium and six (6) non-profit agencies who serve the City’s homeless population.
• Non-Homeless Supportive Services:
o Yuba-Sutter Gleaner’s Foodbank: A total of 75 people benefitted from this program with $52,242 expended o Playzeum Play-for-All Initiative: 22 low/mod income youth benefitted from this program and $7,700 expended. • Housing Rehabilitation:
o FREED Center for Independent Living – Home Repair Program: A total of $18,700 was expended and assistance provided to 22 beneficiaries during the PY, projects included modification to improve mobility/accessibility and upgrades/replacements to critical appliances for senior and/or disabled individuals.
• Infrastructure Improvements/ADA Modifications: ADA Public Facility Improvements Project: The City set aside a total of $244,214 for the installation of new curb, gutter and ADA compliant sidewalks/ramps to provide accessibility and safe passage for individuals with disabilities. Approximately $26,000 was expended during the PY for staff time and construction plan development.

In addition to the above 2022 CDBG activities, the below previous year CDBG activities were completed:
• 2020 Maple Park Playground replacement
• 2020 CDBG-CV Yuba City Senior Center Improvements
• 2020 CDBG-CV Yuba City Firefighter PPE’s

2022 DRAFT CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
CDBG
White 445
Black or African American 64
Asian 11
American Indian or American Native 31
Native Hawaiian or Other Pacific Islander 6
Total 557
Hispanic 182
Not Hispanic 453
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
A total of 635 people were assisted with CDBG funding during the 2022 Program Year; 445 of those assisted identified as White. Approximately 28% identified themselves as Hispanic, some of which did not also identify as white (which accounts for the discrepancy when adding all the ethnicities and races together). Other ethnicities assisted include: 64 Black or African American persons, 31 American Indian or American Native, 11 Asian, 31 American Indian or American Native, and 6 Native Hawaiian or Other Pacific Islander.

2022 DRAFT CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal $787,456 $94,763.99
Other – CDBG-CV public - federal $663,658.59 $295,447.73 Table 3 - Resources Made Available
Narrative
The City received Community Development Block Grant (CDBG) Entitlement funds through the United States Department of Housing and Urban Development (HUD). Below is a breakdown of the total “Resources Made Available” as identified in table 3 above; all of which are CDBG funds:

The City’s CDBG allocation for the 2022 Program Year (PY) was $628,525; $158,930.66 was transferred from previous years’ unexpended funds.

Identify the geographic distribution and location of investments Target Area Planned Percentage
of Allocation
Actual Percentage of
Allocation
Narrative Description
Citywide 27 27 Other
Qualified Low/Mod Census
Tracts 54 54 Low/Mod Areas
Table 4 – Identify the geographic distribution and location of investments Narrative
In general, the City allocated investment of resources on a city-wide basis. The distribution of funding is predicated somewhat on the nature of the activities funded. Resources targeted to preservation of existing housing were allocated on a city-wide basis. Resources targeted to special needs populations, including homeless, were allocated on a city-wide basis, where needs are identified and/or where resources could be coordinated with existing facilities and services. Activities such as public facilities and improvements were targeted to the City’s Qualified Low/Mod Census Tracts most in need of assistance.

2022 DRAFT CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

Community Development Block Grant (CDBG) funds are not sufficient to fully fund activities; as a result, activities undertaken are leveraged with a variety of Federal, State funds, charitable organizations and private donations. Subrecipients identify additional funding sources in their budgets included with their applications for CDBG funding. The CDBG funds do not require matching funds. The City continues to struggle to meet any matching requirements when applying for other Federal or State funding sources.

There is no publicly owned land or properties located within the City that were used to address needs identified in the 2020 Con Plan or 2022 Action Plan.

The City pursued and supported applications by other entities who applied for Federal and State funding during the 2022 Program Year to address priority needs. The City’s application for Permanent Local Housing Allocation (PLHA) funding from HCD was approved; as a result, the City will receive approximately $1.8 million over a 5-year period. The City has committed some of these funds in collaboration with the County to be used for an overnight camping site where homeless individuals can safely park overnight and have access to restrooms and a secure location. The City has also committed some of these funds to Habitat for Humanity to aid in the construction of an affordable housing project.

2022 DRAFT CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

The City continued offering and/or providing funding for affordable housing activities which includes the single-family Owner Occupied Housing Rehabilitation, First-Time Homebuyer Down Payment Assistance and the Exterior Home Repair Programs. The City worked in partnership with local non-profit agencies and the to preserve affordable housing units.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units
Number of Non-Homeless households to be
provided affordable housing units 53 22
Number of Special-Needs households to be
provided affordable housing units 50 22
Total 53 22
Table 5 – Number of Households
Note: Totals are less than goals because there is overlap between categories (i.e. special-needs households account for some of the non-homeless households).

One-Year Goal Actual
Number of households supported through
Rental Assistance
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 53 22
Number of households supported through
Acquisition of Existing Units 0 0
Total 53 22
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

The transition of housing loan administrators, housing market prices, and specific guidelines from the State on how loan program funds can be spent have created issues in meeting the City’s goals for

2022 DRAFT CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
affordable housing.

Although the City does not operate a rental assistance program, the RHA administers the Housing Choice Voucher (HCV) Section 8 Rental Assistance Program. A total of 744 households were assisted during this Program Year (PY). The RHA also administers the United States Department of Agriculture (USDA) – Rural Development Housing Program; it assisted a total of 188 families this PY.

In addition, CDBG funding awarded to the SYHC is used for rental assistance. Funding awarded to FREED and Habitat for Humanity is used for rehabilitation of existing affordable units and some special-nees households.

Discuss how these outcomes will impact future annual action plans.

Despite the issues described above, with the City contracting with a new loan administrator, and the State re-evaluating the First-Time Homebuyer program, the City will be able to meet the goals set forth for future action plans.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 390 0
Low-income 90 0
Moderate-income 95 0
Total 575 0
Table 7 – Number of Households Served
Narrative Information
Of the total 575 low-income persons assisted above, 22 were assisted through the FREED Home Repair Program. 458 individuals were assisted by the Sutter-Yuba Homeless Consortium, 20 through Playzeum’s Play-for- All Initiative, and 75 through the Yuba-Sutter Foodbank delivery program.

2022 DRAFT CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Many persons experiencing homelessness, require specialized or intensive assistance in order to get back into permanent housing and be linked with services needed for on-going stability. Often, homeless persons suffer from mental health conditions, drug or alcohol addiction, chronic physical illnesses, and many experience more than one of these conditions, which may contribute to their homelessness.

The City relies on the Sutter-Yuba Homeless Consortium (SYHC), our area’s Continuum of Care (CoC), to coordinate services for the homeless. The SYHC is a regional, non-profit organization that brings together public and private agencies and organizations to address the full scope of housing and supportive services needed by the varying homeless population. During this Program Year (PY), SYHC has implemented its Coordinated Entry System (CES). Coordinated Entry is a HUD-mandated requirement to prioritize services to the most vulnerable within the community. In Yuba City, the CES is located at Hands of Hope’s day services center. Upon entering the CES, homeless individuals have their needs assessed to determine which services they are eligible for and are assigned a case manager to assist them in obtaining permanent housing. Additionally, Hands of Hope offers several life skills classes to help facilitate a client’s move toward self-sufficiency.

Annually the SYHC, along with volunteers, conduct a Point-in-Time (PIT) count of the homeless. The information is limited since it cannot count every person that is homeless or count people that are at risk of homelessness. It does however provide an estimate of the homeless population, helps to assess the needs of the various sub-populations, and helps to assess the progress in ending homelessness. In 2021, the most recent unsheltered count, SYHC identified a total of 1,074 individuals in Sutter and Yuba Counties.

All agencies that received CDBG funding during this Program Year (PY) utilize intake forms to collect data and assess the needs of homeless individuals and families. They assess for chronic homelessness, physical, mental, or behavioral issues as well as any financial difficulties these individuals may have. Once their individual needs are assessed, they construct a case plan specific to their needs and assist them in achieving their individual goals and milestones. Their assistance can include classes that address specific barriers that each client may have that affect them maintaining housing stability. These classes may include; Seeking Safety, Anger Management, Relapse Prevention, Life Skills, Budgeting, Co-dependency, Kitchen class, Health Classes, Grief Counseling, One-on-Ones with case managers and Parenting classes.

Addressing the emergency shelter and transitional housing needs of homeless persons The City works within the framework of and relies on the SYHC and member agencies to address the emergency shelter and transitional housing needs of homeless individuals and families.

2022 DRAFT CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
Some of the funding awarded to SYHC goes towards the Regional Emergency Shelter Team, which provides emergency shelter for homeless individuals and families and ramps up operation during the winter months.

The City took the following actions during this PY to address the needs of homeless persons: 1) The City’s zoning code allows for emergency shelter and transitional shelter sites in accordance with State Law; and 2) the City continued to support applications for emergency shelter and/or transitional housing funding by the SYHC and member agencies, consistent with City policy.

Better Way shelter, Sutter County’s homeless shelter opened in doors in the City of Yuba City in 2019.

Better Way has a 40-bed capacity, and offers a temporary place to stay for up to 3 months for single individuals age 18 and above.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Low-income households overpaying for rent and utilities are constantly at risk of becoming homeless. The City’s objectives for helping low-income individuals and families avoid homelessness include maintain and increasing the supply of affordable housing as well as supporting the efforts of SYHC and its member agencies.

During this PY the City provided CDBG funds to the SYHC. The SYHC provides a forum for its member agencies who assist low-income households and individuals receiving assistance from public and private agencies to develop comprehensive, coordinated services that address the underlying reasons for homelessness helping those individuals and families avoid becoming homeless. The SYHC allocates funding to non-profit agencies who provide programs and services to the City’s homeless population.

These agencies are: The Bridges to Housing, Central Valley Homeless Veterans Assistance Program, and the Salvation Army; these agencies provide assistance with security deposits, one-time rental assistance, utility assistance, on-going supportive services and/or case management to individuals and families that are formerly homeless or at risk of becoming homeless.

Bridges to Housing provides financial assistance to low income individuals and families in the form of security deposits to prevent them from becoming homeless. The deposit assistance provided by Bridges to Housing is sometimes the financial assistance needed to help those at risk of being homeless moving forward in a positive direction. Providing security deposit assistance to homeless individuals or families give them a fresh start placing them in a stable and safe environment and moving them from the uncertainty of being homeless. Bridges to Housing also provides everyone with a list of additional resources and referrals to such organizations as Hands of Hope while they are going through this transition period giving them the additional hope and resources they need avoid becoming homeless again.

2022 DRAFT CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
The Central Valley Homeless Veterans Assistance Program provides assistance to veterans with one-time rent assistance and utility assistance to create or maintain stable housing. They also provide additional supportive services and participate and support the Sutter-Yuba Veterans Stand Down event held annually during which veterans and their families receive a variety of services.

The City’s efforts during this PY to help low-income individuals and families avoid becoming homeless included continuing its Housing Rehabilitation Program that maintains the City’s existing affordable housing stock as well as continuing to work in cooperation with the Regional Housing Authority (RHA).

The RHA provides a variety of housing options to low and very low-income households. To date the Department of Housing and Community Development (HCD) has yet to respond to the City’s request for a housing price waiver. This is crucial in order to effectively operate and expend HOME funds with the high housing prices within the City. HCD is the State Agency that oversees and provides HOME funding opportunities, (on a competitive basis), for the City’s First-Time Homebuyer and Owner Occupied Rehabilitation programs.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City does not provide supportive services or case management to homeless or formerly homeless persons. The City relies on the SYHC and its member service providers to address the supportive services and case management needed to help homeless people’s transition to permanent housing, independent living, secure permanent affordable housing and prevent recurring homelessness.

2022 DRAFT CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City does not own or operate public housing units, but works in collaboration with the Regional Housing Authority, who manages the City’s Neighborhood Stabilization and Homes2Families housing units.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
Since the City does not own, operate public housing or have oversight over Housing Authority operations, there are no City strategies directed at public housing tenants; however, the City encourages all residents to be active participants in their community.

The RHA has continued to work with residents to provide an environment in which they are able to accumulate adequate resources in order to move into non-subsidized housing and homeownership.

Actions taken to provide assistance to troubled PHAs
The RHA is not identified as a troubled Housing Authority; therefore, this section does not apply.

2022 DRAFT CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City’s 2021-2029 Housing Element was certified by HCD on May 5, 2022. The purpose of the Housing Element was to establish specific goals, policies, and objectives relative to the provision of housing for all economic segments of the community and to adopt an action plan. The plan outlines policies and actions that will provide a systematic program for achieving the City’s fair share of regional housing needs, maintaining the existing housing stock, providing affordable housing, facilitating the production of a wide range of housing types, and facilitating the incorporation of energy-efficient materials and technology in new and existing housing units. These policies include: allowing for accessory dwelling units in all zones where residential structures are allowed in accordance with AB 2299; allowing for single room occupancy (SRO) housing without a use permit in commercial zones; continuing to ensure zoning standards and development of housing at higher density ranges through exploration of creative options such as sharedparking, mixed-use development, encouragement of additional building floors, etc. Also, developing regulations for condominium conversions that minimize displacement of low-income residents and prevent the loss of affordable housing units, a density bonus which will offer incentives for developers who submit projects for multi-unit affordable housing, the requirement for developers to replace all affordable housing units lost to new development, and allowing residential use in non-residential land use designations. In addition, the City permits rotating cold weather shelters in religious institutions in each of the Residential Districts by-right, providing housing opportunities, albeit on a limited basis.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) During the 2022 Program Year, the City continued its efforts to identify alternate funding sources, supported funding applications by service providers that expanded the availability of affordable housing, and supported applications for homeless assistance and supportive services. The City continued to implement zoning and land use policies that encourages the development of affordable housing. The City also continued to encourage partnerships with other local government entities and service providers so that underserved needs may be better met by coordinated and collaborative uses of resources.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City continues to implement HUD’s lead-based paint regulations. Efforts by the City in this regard include the disclosure of possible lead hazards and implementation of lead risk assessment, clearance testing procedures and supervision of lead-related work performed in conjunction with any of its housing programs. Any mitigation or removal of lead-based paint hazard is in accordance with HUD guidelines.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) Poverty has many causes. Among the causes are disabilities (physical and developmental disabilities,

2022 DRAFT CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
chronic diseases, mental illness, etc.), a lack of adequate education or vocational training, a lack of sufficient spousal support and substance abuse problems. According to the 2021 U.S. Census Bureau American Community Survey data, 13% of Yuba City's population resides in poverty.

During this Program Year, the City has continued its efforts to forge relationships with public and private organizations that share a common mission for improving the quality of life for lower income individuals through housing, social services, employment and skills training, neighborhood revitalization and economic development.

The City is also a member of the Yuba-Sutter Economic Development Corporation (YSEDC) which offers economic development programs and partners with local lending institutions to make loans available to businesses creating and/or retaining jobs for low income residents.

Sutter County offers residents and businesses assistance through their Human Services Department, Employment Services offered include: Job Fairs, Hiring Assistance, Advertising and Recruitment Services, Employment Counseling, Job Search Programs and Strategies, Resume Design and a Resource Center.

The Regional Housing Authority, through the Family Self Sufficiency (FSS) Program, a voluntary 5-year program, provides rental assistance and support programs in order to allow households on the Housing Choice Voucher (HCV) Section 8 Rental Assistance Program to become free of public assistance.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City’s Development Services Department is responsible for the administration of the City’s Housing Programs, including the CDBG Program. The Development Services Department also oversees the City’s Community Development and Economic Development activities. As an entitlement jurisdiction, the City receives an annual allocation of CDBG funds directly from the Department of Housing and Urban Development (HUD); both internal City departments and external agencies implement the programs and projects identified in the Annual Action Plan. The Development Services Department has continued to collaborate with other City Departments, the City Council, City Commissions, as well as local agencies, organizations and residents to develop programs and activities that serve low and moderate-income individuals and families within the jurisdiction.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City will continue to meet with and maintain a dialog with non-profit agencies and organizations that serve low and moderate-income persons. The City will work to enhance and improve the organizational capacity and foster a collective planning process.

The City will continue to work closely with the Regional Housing Authority to develop, preserve and improve the supply of affordable housing in the City.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a)

2022 DRAFT CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
The City includes HUD brochures on subprime lending practices in the City’s First Time Homebuyers and Housing Rehabilitation Programs.

To the extent that impediments pertain to private sector activities, the City carefully monitors any complaints received and, if necessary, refers fair housing matters to California Rural Legal Assistance. The City also encouraged applications for boards and commissions from all classes of citizens in order to promote adequate citizen representation.

2022 DRAFT CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City monitors its performance through the Consolidated Annual Performance and Evaluation Report (CAPER). Each year the City reviews and reports progress it has made in carrying out its Con Plan and Action Plan. The 2022 CAPER includes a description of resources made available, investment of available resources, geographic distribution and location of investments, results/outcomes, actions taken to affirmatively further fair housing and any other actions taken during the 2022 Program Year (PY) as outlined in the 2022 Action Plan.

Throughout the 2022 PY, the City utilized the Integrated Disbursement and Information System (IDIS) for setting up, funding, drawing down and reporting CDBG and other funds as required. IDIS reports are incorporated into the 2022 CAPER and made available to the public as required.

The City utilized a performance measurement system to ensure accurate reporting of results in IDIS and in the 2022 CAPER for the programs and projects undertaken by the City during this PY.

In addition to the HUD monitoring and reporting requirements, the City completed the following monitoring program for its housing and community development programs and projects:
• The City reviewed and reported to the State Department of Housing and Community Development on the progress the City made during this PY implementing its 2021-2029 Housing Element.

The City monitored its subrecipients to ensure compliance with federal and local requirements outlined in Subrecipient agreements. The level of Subrecipient monitoring conducted by City staff is determined through a Risk Assessment (RA), utilizing a variety of factors i.e., subrecipients new to CDBG funding, subrecipients with higher staff turnover, etc. The RA determines which subrecipients have a higher level of risk of non-compliance with CDBG Program regulations and requirements. For subrecipients determined to have a higher risk of non-compliance, City staff will conduct an on-site monitoring and may be provided technical assistance, training or additional oversite by City staff throughout the year. For those Subrecipients that are determined to have a low risk of non-compliance, City staff may determine a desk review is sufficient to ensure on-going compliance with CDBG requirements. The RA conducted for the monitoring during this PY determined that two interanal subrecipients were at high risk of noncompliance due to lack of timelieness expenditure of funding. These subrecipients were given guidance on how to maintain a timeline for expenditures and the most efficient pathway to getting the funding expended. The DSD will continue to monitor these departments to ensure funds are expended within given timeline. The City utilizes quarterly reporting to monitor subrecipient progress and financials, and to provide feedback moving forward based on those reports to ensure funds are being expended successfully.

2022 DRAFT CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

The City’s Citizen Participation Plan (CPP) details the public noticing requirements for CDBG activities, sets threshold requirements for Annual Plan amendments, and also provides a detailed description of the CDBG Program Year cycle. In addition to carrying out the actions set forth in the City’s Citizen Participation Plan, the following actions were taken during the 2021 Program Year:

1. Public Notice Requirements
The Public Notice for Public Review and Comment for the 2022 CAPER was published on September 5, 2023. The comment period began on September 6, 2023 and will end on September 22, 2022. The Public Notice and 2022 CAPER were also posted on the City’s website, where translation services were available.

The notice provided 15 days for citizens to comment on the report as required by 24 CFR 91.105(d). This report and all CDBG public information files are available for public review at City Hall and the Public Library.

The City maintains a list of organizations and agencies that advocate on behalf of special needs groups and in addition to the publishing the Public Notice in the local newspaper and on the City’s website, the City provides notice to all entities on this list, inviting them and their clients to participate in the CAPER process, including the Public Hearing.

2. Reporting and Recordkeeping
The City maintains all CDBG programs and financial records. All CDBG program reports will be submitted to HUD as required. A citizen information file is maintained and available for public review.

3. Citizen Comments
Copies of the 2022 CAPER were made available to the public during the 15-day comment period. A public hearing for public review and comment for the 2022 CAPER will be held on September 19, 2023 before the City Council.

RESERVED FOR PUBLIC COMMENTS.

2022 DRAFT CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The City does not have any plans to change its program objectives at this time.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No; the City does not have any BEDI grants.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

Not applicable.

2022 DRAFT CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 1 0 0 0 0
Total Labor Hours 0
Total Section 3 Worker Hours 0
Total Targeted Section 3 Worker Hours 0
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.

Direct, on-the job training (including apprenticeships).

Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.

Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).

Outreach efforts to identify and secure bids from Section 3 business concerns.

Technical assistance to help Section 3 business concerns understand and bid on contracts.

Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.

Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services.

Held one or more job fairs.

Provided or connected residents with supportive services that can provide direct services or referrals.

Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.

Assisted residents with finding child care.

Assisted residents to apply for, or attend community college or a four year educational institution.

Assisted residents to apply for, or attend vocational/technical training.

Assisted residents to obtain financial literacy training and/or coaching.

Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.

Provided or connected residents with training on computer use or online technologies.

Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.

Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.

Other.

Table 9 – Qualitative Efforts - Number of Activities by Program

2022 DRAFT CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
Narrative
The City had one Section 3 activity during the 2022 PY, but progress has not yet been made on that activity.

Agenda Item 16

CITY OF YUBA CITY

STAFF REPORT
Date: September 19, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Burned/Damaged Building Abatement
Recommendation: A. Implement policy to initiate Vacant Building Plan provision of the City’s Public Nuisance Ordinance within 30-days of receipt of notification of a burned building; and
B. Direct staff to annually apply for the use of Community Development Block Grant (CDBG) funding for the abatement of blighted buildings in low-moderate income areas; and
C. Direct staff to review and recommend funding options through the 2024-2025 budget cycle for the potential abatement of blighted buildings Fiscal Impact: The preparation of this staff report utilized existing budgeted monies and does not have an additional fiscal impact
Purpose:

This is a continued discussion from July 18, 2023, regarding fire damaged buildings within City limits and potential abatement options.

Council’s Strategic Goal:

This item addresses the Council’s goals of Public Safety, Quality of Life, Homelessness and Vagrancy.

Background:

On July 18, 2023, the City Council received a staff presentation on fire damaged buildings within the city limits and outlined available abatement options. A copy of this previous staff report is included as an attachment to this report.

Feedback received by Council members from the July meeting included:
• Determine the number of first responder service calls to each fire damaged building address. • The status of Vacant Building Plans for each address. • Research the ability to utilize Community Development Block Grant (CDBG) funding as a

potential revenue source to abate structures.
• Research potential abatement costs for fire-damaged buildings.

Analysis:

Since the July 18th meeting, the spreadsheet list of fire damaged structures in the city has been updated to include a column showing the number of first responder service calls to each location.

Additionally, the spreadsheet has been updated to reflect the status of Vacant Building Plans at each address. In some instances, demolition and building permits to rehabilitate properties have already been issued, so there isn’t a need for a Vacant Building Plan.

Staff researched potential abatement costs for fire-damaged buildings, and this can range from a low of $45k to $60k per site but can be higher ($100k or more) if abatement requires removal of asbestos or other hazardous materials. Additionally, costs can vary depending on the volume of waste to be disposed of and the necessary labor to complete the work.

There is an opportunity to utilize CDBG funding in low-moderate income areas to address blight on a site-specific basis and the use of funds includes demolition of a deteriorated and abandoned building.

To utilize CDBG funding, the City would need to annually apply for the use of funding as part of its 2024-2025 program budget and Annual Action Plan.

Prior to utilizing CDBG monies, U.S. Housing and Urban Development (HUD) must first approve the City’s Action Plan after it is approved by the City Council. Although the CDBG budget year begins July 1 st annually, receiving final HUD approval can take time. An example of this is the City is still awaiting final approval of its current 2023-2024 Annual Action Plan and funds can only be expended once HUD has approved the Annual Action Plan.

Finally, it should be noted the City doesn’t currently have contractors on standby that can perform this type of abatement work. If the City desires to abate building sites, the City will likely need to go through an RFP process to establish a list of qualified contractors to do the work.

Summary
City options to abate fire-damaged buildings are not immediate remedies and take time for due process to occur, insurance claims to process, building plans to be prepared and obtaining necessary permits.

Utilizing CDBG funding to abate potential sites in low-moderate income areas can also take time due to the need to wait for funding approval through the CDBG Annual Action Plan.

If the Council desires the City to abate properties, staff requests Council input on priority sites.

Additional funding appropriations will likely be necessary to pay for the cost of property clean-up for locations outside of low-moderate income areas and staff can consider making a recommendation on proposed funding as part of the development of next year’s budget.

Fiscal Impact:

The abatement of fire-damaged buildings can result in increased legal costs to the City and the initial upfront cost to physically abate properties will be borne by the City. This will require additional monies to be appropriated. However, some of this cost may be reduced over time with successful cost recovery.

Alternatives:

The City Council may decide to receive the information presented and not provide direction regarding the abatement of fire-damaged buildings.

Recommendation:

A. Implement policy to initiate Vacant Building Plan provision of the City’s Public NuisanceOrdinance within 30-days of receipt of notification of a burned building; and B. Direct staff to annually apply for the use of Community Development Block Grant (CDBG) funding for the abatement of blighted buildings in low-moderate income areas; and C. Direct staff to review and recommend funding options through the 2024-2025 budget cycle for the potential abatement of blighted buildings.

Attachments:

1. Mapped Locations of Fire Damaged Buildings within City Limits

2. List of Fire Damaged Buildings and Call for Service Data

3. Municipal Code Chapter 8, Nuisances

4. City Council Staff Report, Dated July 18, 2023 (w/o attachments) Prepared By: Submitted By:

Doug Libby, AICP
Deputy Director of Development Services
Diana Langley
City Manager

ATTACHMENT 1

BOGUE RD

PEASE RD
GA
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RAY
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FRANKLIN RD

LINCOLN RD

BARRY RD

BRIDGE ST
LIVE
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AILR
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BUTTE HOUSE RD
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TABLER LN
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A BUENA
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STEWART RD
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NUESTRO RD
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QUEENS AVE

OHLEYER
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FRANKLIN AVE
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RICHLAND RD

SHANGHAI BEND RD
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SUNSWEET BLVD
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TERN PK
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Document Name: red-tagged bldg 9-6-23
±
Legend
River
City Limits
Fire Damaged Structure
Red Tagged / Vacant
Structure
Fire Damaged/Red Tagged Structures
September 2023

ATTACHMENT 2

Events
Type of incident Calls for Service
Res. Fire 10
Res. Fire 6
Res. Fire 5
Res. Fire 18
Vacant Residence 6
Res. Fire/ Veg 0
Res. Fire 2
Res. Fire 2
Vacant Residence 0
Res. Fire 6
Res. Fire 9
Vacant Residence 0
Vacant Residence 0
Comm. Fire 3
Res. Fire 2
Res. Fire 0
Res. Fire 0
Vacant Building Plan Status
Plan Filed
Plan Filed
Received (In Probate)
None (Building Demolished)
Plan Filed (Permits Issued)
None (Demolition Underway)
None (Demolition Underway)
Plan Filed (Demo Permit Issued)
Plan Filed (Permits Required)
None (Reconstruction Started)
Pending
None (Reconstion Started) Plan
Filed (Permits Required) Plan
Filed (Property For Sale) None
(Reconstuction Started)
Plan Filed
Plan Filed
7/2/2022
12/21/2020
10/27/2021
4/28/2023
5/10/2023
6/7/2022
4/4/2023
7/18/2023
6/28/2023
423 Second St
474 Alemar Way
1335 Honor Oak
2061 Becky Ln.

Date Address Status
2/23/2023
7/1/3021
2/26/2022
507 Garden Hwy.
749 Lask Dr
Current Demo Permit
Demo Permit Expired
Gas & Elec. Pulled Red Tagged
No Permits/Property is Overgrown
No Permits or Repairs to Fire Damaged Area
Red Tag/ Permits on File Nuisance Property
Red Tag/ Boarded Property/Overgrown
640 Taber Ave.
1082 Marcia Ave.
773 Rockholt Way
Red Tagged/Nuisance Property
Owner working with insurance and contractor
Red Tagged/Detached Garage Building
1154 Plumas St.
509 South Walton Ave.
317 Woodbridge Ave.
150 Morton St. Red Tag/Permit for Rewire
Red Tag/Boarded Property/Nuisance Property
Total loss, already burned in October 2021
5/30/2023 1115 Clark Ave Vacant- Red Tagged
1/20/2023 2862 Monroe Red Tagged, utilites pulled
4/7/2023 617 Forbes Ave Gas & Ele. Pulled CRBR Boarded Red Tagged 5/16/2023 311 Garden Hwy Vacant building
4/27/2023

ATTACHMENT 3

ATTACHMENT 4

Agenda Item 17

CITY OF YUBA CITY

STAFF REPORT
Date: July 18, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Burned/Damaged Building Abatement
Recommendation: Receive a staff presentation on fire damaged building abatement Fiscal Impact: The preparation of this staff report utilized existing budgeted monies and does not have an additional fiscal impact.

Purpose:

Receive a staff presentation regarding fire-damaged buildings within the City limits and available abatement options.

Council’s Strategic Goal:

This item addresses the Council’s goals of Public Safety, Quality of Life, Homelessness and Vagrancy.

Background:

City records indicate there are currently 11 fire-damaged residential and commercial buildings within the City limits in various states of repair/disrepair. This does not include eight non-fire damaged buildings/properties that have been red tagged, are vacant, boarded and being pursued under separate code enforcement cases. Staff report Attachment 1 depicts the locations of these properties.

The City historically receives complaints from citizens who live proximate to these properties who are impacted by the aesthetics of fire-damaged structures and vacant property issues, such as blighted properties, homelessness, and increased neighborhood crime, which then results in increased calls for service (Police, Fire, Code Enforcement).

Municipal Code Chapter 8, Article 6 (Nuisances) was adopted by the City Council on September 15, 2020, as Ordinance 010-20 and it provides a process for the City to address instances where damaged buildings may be declared a nuisance and it establishes abatement procedures.

For vacant properties, the City Manager or designee may issue an order for a property owner of a vacant building to submit a Vacant Building Plan within 30-days of service of an order (Section 4-

8.105).

If required by the City Manager or designee, the City may require an order to contain a plan to either

occupy, sell, lease, or demolish the building within 180 days or such other time as determined reasonable by the City Manager or designee under the circumstances (Section 4-8.105 (a) (6). (Emphasis added) This means the time frame specified may be less than 180 days. After consulting with the City Attorney’s Office, the 180-day requirement is not uncommon although it is not used frequently by surrounding jurisdictions. Only Sutter County has a similar 180-day requirement.

An approved Vacant Building Plan shall be valid for no more than 180 calendar days, and if expired and if the City Manager or designee hasn’t released the property from the approved plan, the property owner is automatically required to seek approval of a new Vacant Building Plan (Section 4-8.105 (e)).

Failure by a property owner to submit a Vacant Building Plan or comply with an approved plan is subject to abatement and cost recovery procedures and any other enforcement mechanisms provided by law (Section 4-8.105(f)).

Traditionally, once a property is subject to fire damage, the Fire Department ensures the property is secured and it then becomes the property owner’s responsibility to pursue an insurance claim or other resources to abate the damaged building.

Code enforcement has traditionally only become involved should a need arise through receipt of a citizen-generated complaint.

Analysis:

Below are options generally available to a city to address fire-damaged buildings on private property where timely corrections have not been made. These options are not exclusive and the particular circumstances of a case can provide additional legal options.

Option 1: Traditional Code Enforcement
This option involves the City conducting inspections, sending notices to the property owner of a firedamaged property. This may involve the issuance of citations and imposing fines. This option can be ineffective because it doesn’t force a property owner to take action. Code enforcement fines are designed to motivate a property owner to take corrective action but it doesn’t actually force action to be taken. If significant fines are imposed, there can be significant staff effort to collect them. As part of this process, the City may pursue an abatement warrant through the court and the City would initially have to pay to have the damaged building removed and violations abated.

Municipal Code Section 4-8.704 (a) (2) specifies that the City’s incurred costs may be collected in any or all of the following ways: by a collection agency as a personal obligation, by the City Attorney’s Office through judicial action, or as a special assessment and lien attached to the subject property. Should a lien be selected to recoup cost, after three (3) yeas following a property lien being imposed and not being paid, the City may pursue foreclosure proceedings on the property.

Option 2: Demolition and Cost Recovery
A more direct option available is for the City to pursue an inspection warrant from the court to document structural deficiencies and other violations. If the property owner of the fire-damaged building does not make timely repairs, the City can follow-up with an abatement warrant issued by the court to remove the burned/damaged structure and other debris down to the foundation. The City may impose a property lien to recoup its costs.

Similar to Option 1, the same means of cost recovery are available to the City.

Option 3: Receivership
This option involves the City documenting its efforts to address a blighted property and the property owner’s failure to bring a property into compliance. The City can request the court appoint a Receiver, who is a court appointed attorney, who will take responsibility to rehabilitate a property, abating violations, and selling the affected property. Once sold, any City liens that have been imposed can be satisfied.

It is important to note that a property having little value or equity is unlikely to have a Receiver appointed because there is little opportunity to recoup costs and provide a profit for the Receiver.

Similar to Option 1, the same means of cost recovery are available to the City.

Summary
Code Enforcement options to abate fire damaged buildings are not immediate remedies and take time to allow for due process to occur, and time for insurance claims to process. Additionally, there can be challenges with obtaining the necessary financing, the availability of design professionals to prepare construction plans, meet new building standards, and the time needed to obtain permits. The availability of contractors and subcontractors to do needed work also presents challenges. Finally, the availability of material supplies can still present issues for development projects.

With the potential long term impact on neighborhoods, staff recently began requiring Vacant Building Plans with each new burned/damaged building incident to help minimize timelines and property blight.

If the Council desires the City to abate specific properties, staff recommends Council consider additional funding appropriations through a future budget cycle to help account for property cleanup and additional costs.

Fiscal Impact:

The abatement of fire-damaged buildings can result in increased legal costs to the City and the initial upfront cost to physically abate properties will be borne by the City. This will require additional monies be appropriated. However, some of this cost may be reduced/received over a long period with successful cost recovery and increased property values.

Alternatives:

The City Council may decide to receive the information presented and not provide direction regarding the abatement of fire-damaged buildings.

Recommendation:

Receive a staff presentation on fire damaged building abatement.

Attachments:

1. Map of fire damaged, vacant and red-tagged structures

2. Existing Nuisance Ordinance
Prepared By: Submitted By:

Doug Libby, AICP
Deputy Director of Development Services
Diana Langley
City Manager

Agenda Item 17

CITY OF YUBA CITY

STAFF REPORT
Date: September 19, 2023
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Consideration of ARCO AM/PM Public Convenience or Necessity Request Recommendation: Adopt a Resolution making a finding of public convenience or necessity for the issuance of a Type 21 (off-sale general) Alcoholic Beverage Control (ABC) License at the northwest corner of State Highway 20 and Harter Parkway (ARCO AM/PM with fuel facility)
Fiscal Impact: No direct fiscal impact will result from recommending approval of the proposed Alcoholic Beverage Control application
Purpose:

Consideration to make a finding of public convenience or necessity for the issuance of a Type 21 (offsale general) Alcoholic Beverage Control License at northwest corner of State Highway 20 and Harter Parkway for the future Arco AM/PM convenience store with fueling.

Council’s Strategic Goal:

Business Friendly.

Background:

On July 26, 2023, the Planning Commission approved Use Permit 22-04 providing for the establishment of a future Arco AM/PM convenience store with fueling at the northwest corner of State Highway 20 and Harter Parkway, Assessor’s Parcel 062-310-016. This is within the new Harter Marketplace shopping center.

The City has received an Alcoholic and Beverage Control (ABC) application from the property owner, Ken Dharni, requesting a Type 21 (off-sale general) license. ABC defines this license type as being for the sale of liquor, beer, and wine for consumption off the premises. It does not allow for the sale of open containers of alcohol. The application states if approved, the Type 21 (off-sale general) license sales are anticipated to amount to up to 20 percent of gross sales.

When ABC receives an application for a location where a high concentration of licenses exist, and/or a crime rate exceeding 20% of the average, the local government is required to approve the application, prior to ABC approving it. In this instance, Dharni Lada Yuba City Inc’s application states the census tract in which it is located, currently has five (5) active ABC licenses where five (5) are allowed. This

location is in Yuba City Police Beat No. 1.

Analysis:

ARCO AM/PM is open 24 hours, 7 days a week. Both ABC and State Business and Professions Code, Section 23958, states the local governing body (City Council in this instance) must determine there is a public convenience or necessity served to the community, in order for the license application to be approved by ABC due to the number of existing approved licenses within the Census tract. As part of the Planning Commission’s consideration of Use Permit 22-04, Condition No. 5 was adopted to address potential impacts of vagrancy which states:

5. If determined necessary by the Development Services Director to address the impacts of vagrancy, the City may require nighttime security be provided at the operator’s expense.

Development Services and the Police Department have reviewed the application and believe a public convenience is provided through the sale of alcohol at this business location.

The City has not adopted processing procedures for ABC requests. Traditionally, staff has circulated applications to the Police Department and brought them forward for Council consideration. Should the Council desire to adopt processing procedures for ABC licensing requests, direction should be provided to staff to do so.

Fiscal Impact:

No direct fiscal impact will result from making a finding of public convenience and necessity for the issuance of a Type 21 (off-sale general) Alcoholic Beverage Control License at the northwest corner of CA-20 and Harter Parkway in Yuba City.

Alternatives:

Do not make a finding of public convenience and necessity for the issuance of a Type 21 (off-sale general) Alcoholic Beverage Control License at the northwest corner of State Highway 20 and Harter Parkway in Yuba City.

Recommendations:

Adopt a Resolution making a finding of public convenience and necessity for the issuance of a Type 21 (off-sale general) Alcoholic Beverage Control License at the northwest corner of State Highway and Harter Parkway in Yuba City.

Attachments:

1. Proposed Resolution making a finding of Public Convenience and Necessity

2. Department of Alcoholic Beverage Control Application

3. Site Plan

4. Color Elevations

5. Photometric Evaluation

6. Letter from applicant

7. Use Permit 22-04 Conditions of Approval
Prepared By: Submitted By:

Aaron Brown
Assistant Planner
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

MAKING A FINDING OF PUBLIC CONVENIENCE AND NECESSITY FOR THE ISSUANCE OF A TYPE 21 (OFF-SALE GENERAL) ALCOHOLIC

BEVERAGE CONTROL (ABC) LICENSE AT THE NORTHWEST
CORNER OF STATE HIGHWAY 20 AND HARTER PARKWAY, YUBA

CITY (ARCO AM/PM)
WHEREAS, pursuant to applicable provisions of the Business and Professions Code, the Department of Alcoholic Beverage Control (hereinafter the “ABC”) is charged with the responsibility of reviewing applications and issuance of licenses for the sale and/or manufacture of alcoholic beverages in the State of California; and
WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4 of said Business and Professions Code; and WHEREAS, Section 23958.4 of the Business and Professions Code provides that, notwithstanding the limitations of Section 23958, the ABC shall issue a license if the applicant shows that “public convenience or necessity” would be served by the issuance of such license; and
WHEREAS, the City of Yuba City has received an application for a Public Convenience and Necessity determination that was filed by Dharni Lada Yuba City Inc, the (“Applicant”) who is the owner of the ARCO am/pm located at the northwest corner of State Highway 20 and Harter Parkway, in Yuba City, requesting a letter of Public Convenience and Necessity to allow a Type 21 (Off-Sale General) License in a census tract that has reached the capacity for the number of allotted licenses and is located in Police Beat 1 which has a lower-than-average crime rate; and WHEREAS, said Section 23958.4 further provides that the determination of “public convenience or necessity” shall be made by the local governing body of the area in which the applicant’s premises are located with regard to certain applications, including on-site sales of alcohol at ARCO am/pm; and
WHEREAS, the City Council has considered this matter, and desires to find that a public convenience and necessity will be served by granting an additional Type 21 (Off-Sale General) License to the future Arco AM/PM to be located at the northwest corner of State Highway 20 and Harter Parkway, in Yuba City.

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

1. The recitals and findings set forth above are true and correct and incorporated herein by this reference.

2. The City Council finds that this matter is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it is merely a determination whether the public

convenience and necessity would be served by the issuance of a Type 21 (Off-Sale General) License for the location at the northwest corner of State Highway 20 and Harter Parkway (ARCO am/pm). It does not have a potential for resulting in a reasonably foreseeable physical change to the existing environment.

3. The City Council finds and determines the public convenience and necessity is met in the present circumstances for reasons including the following:
a. Approving the PCN will not have a potential for resulting in a reasonably foreseeable physical change to the existing environment. It is commonly accepted throughout the industry that convenience stores sell alcoholic beverages. The Applicant has demonstrated through past performance and intended operational characteristics that alcoholic beverages will be sold safely and in accordance with applicable laws. b. The request to permit alcohol sales for off-premise consumption in conjunction with this establishment will not adversely affect the surrounding land uses and the growth and development of the area because this use is compatible with the nearby developments.
c. The determination of Public Convenience or Necessity, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Yuba City.

4. This resolution shall take effect immediately.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 19th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Wade Kirchner, Mayor
ATTEST:

Ciara Wakefield, City Clerk Administrator

APPROVED AS TO FORM:

Shannon L. Chaffin, City Attorney

ATTACHMENT 2

PART 2 - TO BE COMPLETED BY THE APPLICANT (If box #20b is checked)

22. APPLICANT SIGNATURE 23. DATE SIGNED
PART 3 - TO BE COMPLETED BY LOCAL OFFICIALS (If box #20c is checked)

24. WILL PUBLIC CONVENIENCE OR NECESSITY BE SERVED BY ISSUANCE OF THIS ALCOHOLIC BEVERAGE LICENSE? Yes No See Attached (i.e., letter, resolution, etc.)

25. ADDITIONAL COMMENTS, IF DESIRED (may include reasons for approval or denial of public convenience or necessity):

26. CITY/COUNTY OFFICIAL NAME 27. CITY/COUNTY OFFICIAL TITLE 28. CITY/COUNTY OFFICIAL PHONE NUMBER

29. CITY/COUNTY OFFICIAL SIGNATURE 30. DATE SIGNED
ABC-245 REVERSE (rev. 01-11)
The applicant named on the reverse is applying for a license to sell alcoholic beverages at a premises where undue concentration exists (i.e., an over-concentration of licenses and/or a higher than average crime rate as defined in Section 23958.4 of the Business and Professions Code). Sections 23958 and 23958.4 of the Business and Professions Code requires the Department to deny the application unless the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance. Please complete items #24 to #30 below and certify or affix an official seal, or attach a copy of the Council or Board resolution or a signed letter on official letterhead stating whether or not the issuance of the applied for license would serve as a public convenience or necessity.

21. Based on the information on the reverse, the Department may approve your application if you can show that public convenience or necessity would be served by the issuance of the license. Please describe below the reasons why issuance of another license is justified in this area. You may attach a separate sheet or additional documention, if desired. Do not proceed to Part 3.

ATTACHMENT 3

STOP

DRIVE THRU

DRIVE THRU VAN

ONE WAY

DO NOT ENTER STOP STOP STOP
CLEAN

AIR/ VANPOOL/EV CLEAN

AIR/ VANPOOL/EV VAN

MOBILE ORDER

PICKUP MOBILE ORDER

PICKUP MOBILE ORDER

PICKUP STOP
P U D

DUTCH BROS COFFEE
950 SQ. FT.

C1T2
CLEAN

AIR/ VANPOOL/EV CLEAN

AIR/ VANPOOL/EV
CLEAN

AIR/ VANPOOL/EV CLEAN

AIR/ VANPOOL/EV
CLEAN

AIR/ VANPOOL/EV
CLEAN

AIR/ VANPOOL/EV CLEAN

AIR/ VANPOOL/EV
CLEAN

AIR/ VANPOOL/EV D
D
D
D
D
D

BP WEST COAST PRODUCTS, LLC
ARCO
bp

NWC COLUSA HIGHWAY
@ HARTER PARKWAY

YUBA CITY, CALIFORNIA
FACILITY #TBD
21230
-
-

RETAIL DEVELOPMENT
Preliminary Not For Construction

PRELIMINARY

SITE PLAN
PT
PT
AD
SP-1
N

NOT FOR

CONSTRUCTION
C
89465
ET
S
AT
OF O
AL I F
AI NR

C I V I L
KACEY C. HELD

L ICENSED PROFESS IONAL ENGINE
R

PLANT SPACING
C SCALE: NTS
4 X
2X
3 2
1 5
6 7
4 1
2 3
SHRUB, PERENNIAL, OR ORNAMENTAL GRASS.

MULCH, TYPE AND DEPTH PER PLANS. PLACE NO
MORE THAN 1" OF MULCH WITHIN 6" OF PLANT
CENTER.

FINISH GRADE.

BACKFILL. AMEND AND FERTILIZE ONLY AS
RECOMMENDED IN SOIL FERTILITY ANALYSIS.

ROOT BALL.

UNDISTURBED NATIVE SOIL.
3" HIGH EARTHEN WATERING BASIN.
5 6
7 SHRUB AND PERENNIAL PLANTING
B SCALE: NTS
8 WEED FABRIC UNDER MULCH.
8 PLANTING SPECIFICATIONS
4 FINISH GRADE.
4 3
2 1
NOTES:
1) INSTALL EDGING SO THAT STAKES WILL BE ON INSIDE OF PLANTING BED. 2) BOTTOM OF EDGING SHALL BE BURIED A MINIMUM OF 1" BELOW FINISH GRADE. 3) TOP OF MULCH SHALL BE 1" LOWER THAN TOP OF EDGING.
3 MULCH, TYPE AND DEPTH PER PLANS.
2 TAPERED STEEL STAKES.
1 ROLLED-TOP STEEL EDGING PER PLANS.

D SCALE: NOT TO SCALE

STEEL EDGING
4 TURF (WHERE SHOWN ON PLAN).
3 PLANT.
2 MULCH LAYER.
1 CURB.
1 2 3 4

OF MATURE CANOPY
24" MIN. TO EDGE

DISTANCE PER PLAN
E SCALE: NOT TO SCALE

PLANTING AT PARKING AREA

TREE PLANTING
A SCALE: NOT TO SCALE
PLANT CENTER (TYP.) EQUAL
EQUAL
EQUAL

EDGE OF PLANTING AREA
EQUAL
NOTE: ALL PLANTS SHALL BE PLANTED AT EQUAL TRIANGULAR SPACING (EXCEPT WHERE SHOWN ON PLANS AS INFORMAL GROUPINGS). REFER TO PLANT LEGEND FOR SPACING DISTANCE BETWEEN PLANTS. 1) STEP 1: DETERMINE TOTAL PLANTS FOR THE AREA WITH THE FOLLOWING FORMULA:

TOTAL AREA / AREA DIVIDER = TOTAL PLANTS

PLANT SPACING AREA DIVIDER PLANT SPACING AREA DIVIDER
6" 0.22 18" 1.95
8" 0.39 24" 3.46
10" 0.60 30" 5.41
12" 0.87 36" 7.79
15" 1.35
2) STEP 2: SUBTRACT THE ROW (S) OF PLANTS THAT WOULD OCCUR AT THE EDGE OF THE PLANTED AREA WITH THE FOLLOWING FORMULA: TOTAL PERIMETER LENGTH / PLANT SPACING = TOTAL PLANT SUBTRACTION EXAMPLE: PLANTS AT 18" O.C. IN 100 SF PLANTING AREA, 40 LF PERIMETER STEP 1: 100 SF/1.95 = 51 PLANTS
STEP 2: 51 PLANTS - (40 LF / 1.95 = 21 PLANTS) = 30 PLANTS TOTAL 5 6
7 4
1 8
9 11
10 12

PREVAILING
WINDS
NOTES:

1. SCARIFY SIDES OF PLANTING PIT PRIOR TO SETTING TREE.

2. REMOVE EXCESS SOIL APPLIED ON TOP OF THE ROOTBALL THAT COVERS THE ROOT FLARE. THE PLANTING HOLE DEPTH SHALL BE

SUCH THAT THE ROOTBALL RESTS ON UNDISTURBED SOIL, AND THE ROOT FLARE IS 2"-4" ABOVE FINISH GRADE.

3. FOR B&B TREES, CUT OFF BOTTOM 1/3 OF WIRE BASKET BEFORE

PLACING TREE IN HOLE, CUT OFF AND REMOVE REMAINDER OF

BASKET AFTER TREE IS SET IN HOLE, REMOVE ALL NYLON TIES, TWINE, ROPE, AND OTHER PACKING MATERIAL. REMOVE AS MUCH BURLAP FROM AROUND ROOTBALL AS IS PRACTICAL.

4. REMOVE ALL NURSERY STAKES AFTER PLANTING.

5. FOR TREES 36" BOX/2.5" CAL. AND LARGER, USE THREE STAKES OR DEADMEN (AS APPROPRIATE), SPACED EVENLY AROUND TREE.

6. STAKING SHALL BE TIGHT ENOUGH TO PREVENT TRUNK FROM

BENDING, BUT LOOSE ENOUGH TO ALLOW SOME TRUNK MOVEMENT
IN WIND.
1 2
3 TREE CANOPY.

CINCH-TIES (24" BOX/2" CAL. TREES AND SMALLER) OR
12 GAUGE GALVANIZED WIRE WITH NYLON TREE
STRAPS AT TREE AND STAKE (36" BOX/2.5" CAL. TREES
AND LARGER). SECURE TIES OR STRAPS TO TRUNK
JUST ABOVE LOWEST MAJOR BRANCHES.

GREEN STEEL T-POSTS. EXTEND POSTS 12" MIN. INTO
UNDISTURBED SOIL.
24" X 3/4" P.V.C. MARKERS OVER WIRES.

PRESSURE-TREATED WOOD DEADMAN, TWO PER
TREE (MIN.). BURY OUTSIDE OF PLANTING PIT AND
18" MIN. INTO UNDISTURBED SOIL.

MULCH, TYPE AND DEPTH PER PLANS. DO NOT
PLACE MULCH WITHIN 6" OF TRUNK.

FINISH GRADE.

BACKFILL. AMEND AND FERTILIZE ONLY AS
RECOMMENDED IN SOIL FERTILITY ANALYSIS.

ROOT BALL.

UNDISTURBED NATIVE SOIL.
4" HIGH EARTHEN WATERING BASIN.

TRUNK FLARE.

CONIFEROUS
TREE

PREVAILING
WINDS

STAKING EXAMPLES (PLAN VIEW)
2 4
6 7
8 9
10 11
1 4
3X ROOTBALL DIA.
5 2
3 5
12 NON-CONIFEROUS
TREE
13 13 FINISH GRADE.

ROOT BARRIER - PLAN VIEW F SCALE: NOT TO SCALE

GENERAL
A. QUALIFICATIONS OF LANDSCAPE CONTRACTOR

1. ALL LANDSCAPE WORK SHOWN ON THESE PLANS SHALL BE PERFORMED BY A SINGLE FIRM SPECIALIZING IN LANDSCAPE PLANTING.

2. A LIST OF SUCCESSFULLY COMPLETED PROJECTS OF THIS TYPE, SIZE AND NATURE MAY BE REQUESTED BY THE OWNER FOR FURTHER QUALIFICATION MEASURES.

3. THE LANDSCAPE CONTRACTOR SHALL HOLD A VALID C-27 LANDSCAPE CONTRACTOR'S LICENSE ISSUED BY THE STATE OF CALIFORNIA'S CONTRACTOR STATE LICENSE BOARD.

B. SCOPE OF WORK

1. WORK COVERED BY THESE SECTIONS INCLUDES THE FURNISHING AND PAYMENT OF ALL MATERIALS,

LABOR, SERVICES, EQUIPMENT, LICENSES, TAXES AND ANY OTHER ITEMS THAT ARE NECESSARY FOR

THE EXECUTION, INSTALLATION AND COMPLETION OF ALL WORK, SPECIFIED HEREIN AND / OR SHOWN ON THE LANDSCAPE PLANS, NOTES, AND DETAILS.

2. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES AND

REGULATIONS REQUIRED BY AUTHORITIES HAVING JURISDICTION OVER SUCH WORK, INCLUDING ALL

INSPECTIONS AND PERMITS REQUIRED BY FEDERAL, STATE AND LOCAL AUTHORITIES IN SUPPLY, TRANSPORTATION AND INSTALLATION OF MATERIALS.

3. THE LANDSCAPE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITY LINES (WATER, SEWER, ELECTRICAL, TELEPHONE, GAS, CABLE, TELEVISION, ETC.) PRIOR TO THE START OF ANY WORK.

PRODUCTS
A. ALL MANUFACTURED PRODUCTS SHALL BE NEW.

B. CONTAINER AND BALLED-AND-BURLAPPED PLANTS:

1. FURNISH NURSERY-GROWN PLANTS COMPLYING WITH ANSI Z60.1-2014. PROVIDE WELL-SHAPED, FULLY

BRANCHED, HEALTHY, VIGOROUS STOCK FREE OF DISEASE, INSECTS, EGGS, LARVAE, AND DEFECTS SUCH AS KNOTS, SUN SCALD, INJURIES, ABRASIONS, AND DISFIGUREMENT. ALL PLANTS WITHIN A SPECIES SHALL HAVE SIMILAR SIZE, AND SHALL BE OF A FORM TYPICAL FOR THE SPECIES. ALL TREES SHALL BE OBTAINED FROM SOURCES WITHIN 200 MILES OF THE PROJECT SITE, AND WITH SIMILAR CLIMACTIC CONDITIONS.

2. ROOT SYSTEMS SHALL BE HEALTHY, DENSELY BRANCHED ROOT SYSTEMS, NON-POT-BOUND, FREE

FROM ENCIRCLING AND/OR GIRDLING ROOTS, AND FREE FROM ANY OTHER ROOT DEFECTS (SUCH AS J-SHAPED ROOTS).

3. TREES MAY BE PLANTED FROM CONTAINERS OR BALLED-AND-BURLAPPED (B&B), UNLESS SPECIFIED ON THE PLANTING LEGEND. BARE-ROOT TREES ARE NOT ACCEPTABLE.

4. ANY PLANT DEEMED UNACCEPTABLE BY THE LANDSCAPE ARCHITECT OR OWNER SHALL BE

IMMEDIATELY REMOVED FROM THE SITE AND SHALL BE REPLACED WITH AN ACCEPTBLE PLANT OF LIKE TYPE AND SIZE AT THE CONTRACTOR'S OWN EXPENSE. ANY PLANTS APPEARING TO BE UNHEALTHY, EVEN IF DETERMINED TO STILL BE ALIVE, SHALL NOT BE ACCEPTED. THE LANDSCAPE ARCHITECT AND OWNER SHALL BE THE SOLE JUDGES AS TO THE ACCEPTABILITY OF PLANT MATERIAL.

5. ALL TREES SHALL BE STANDARD IN FORM, UNLESS OTHERWISE SPECIFIED. TREES WITH CENTRAL LEADERS WILL NOT BE ACCEPTED IF LEADER IS DAMAGED OR REMOVED. PRUNE ALL DAMAGED TWIGS AFTER PLANTING.

6. CALIPER MEASUREMENTS FOR STANDARD (SINGLE TRUNK) TREES SHALL BE AS FOLLOWS: SIX INCHES

ABOVE THE ROOT FLARE FOR TREES UP TO AND INCLUDING FOUR INCHES IN CALIPER, AND TWELVE INCHES ABOVE THE ROOT FLARE FOR TREES EXCEEDING FOUR INCHES IN CALIPER.

7. MULTI-TRUNK TREES SHALL BE MEASURED BY THEIR OVERALL HEIGHT, MEASURED FROM THE TOP OF THE ROOT BALL. WHERE CALIPER MEASUREMENTS ARE USED, THE CALIPER SHALL BE CALCULATED AS ONE-HALF OF THE SUM OF THE CALIPER OF THE THREE LARGEST TRUNKS.

8. ANY TREE OR SHRUB SHOWN TO HAVE EXCESS SOIL PLACED ON TOP OF THE ROOT BALL, SO THAT THE ROOT FLARE HAS BEEN COMPLETELY COVERED, SHALL BE REJECTED.

C. SOD: PROVIDE WELL-ROOTED SOD OF THE VARIETY NOTED ON THE PLANS. SOD SHALL BE CUT FROM HEALTHY, MATURE TURF WITH SOIL THICKNESS OF 3/4" TO 1". EACH PALLET OF SOD SHALL BE ACCOMPANIED BY A CERTIFICATE FROM SUPPLIER STATING THE COMPOSITION OF THE SOD.

D. SEED: PROVIDE BLEND OF SPECIES AND VARIETIES AS NOTED ON THE PLANS, WITH MAXIMUM

PERCENTAGES OF PURITY, GERMINATION, AND MINIMUM PERCENTAGE OF WEED SEED AS INDICATED ON PLANS. EACH BAG OF SEED SHALL BE ACCOMPANIED BY A TAG FROM THE SUPPLIER INDICATING THE COMPOSITION OF THE SEED.

E. TOPSOIL: SANDY TO CLAY LOAM TOPSOIL, FREE OF STONES LARGER THAN ½ INCH, FOREIGN MATTER, PLANTS, ROOTS, AND SEEDS.

F. COMPOST: WELL-COMPOSTED, STABLE, AND WEED-FREE ORGANIC MATTER, pH RANGE OF 5.5 TO 8; MOISTURE CONTENT 35 TO 55 PERCENT BY WEIGHT; 100 PERCENT PASSING THROUGH 3/4-INCH SIEVE; SOLUBLE SALT CONTENT OF 5 TO 10 DECISIEMENS/M; NOT EXCEEDING 0.5 PERCENT INERT CONTAMINANTS AND FREE OF SUBSTANCES TOXIC TO PLANTINGS. NO MANURE OR ANIMAL-BASED PRODUCTS SHALL BE USED.

G. PLANTING MIX FOR POTS: AN EQUAL PART MIXTURE OF TOPSOIL, SAND AND COMPOST. INCORPORATE "GELSCAPE", AS MADE BY AMEREQ, INC., (800) 832-8788, AT THE RATE OF 3 LB. PER CUBIC YARD OF PLANTING MIX.

H. FERTILIZER: GRANULAR FERTILIZER CONSISTING OF NITROGEN, PHOSPHORUS, POTASSIUM, AND OTHER

NUTRIENTS IN PROPORTIONS, AMOUNTS, AND RELEASE RATES RECOMMENDED IN A SOIL REPORT FROM A QUALIFIED SOIL-TESTING AGENCY (SEE BELOW).

I. PALM MAINTENANCE SPIKES: AS MANUFACTURED BY THE LUTZ CORP, (800) 203-7740, OR APPROVED EQUAL.

J. MULCH: SIZE AND TYPE AS INDICATED ON PLANS, FREE FROM DELETERIOUS MATERIALS AND SUITABLE AS A TOP DRESSING OF TREES AND SHRUBS.

K. TREE STAKING AND GUYING

1. STAKES: 6' LONG GREEN METAL T-POSTS.

2. GUY AND TIE WIRE: ASTM A 641, CLASS 1, GALVANIZED-STEEL WIRE, 2-STRAND, TWISTED, 0.106 INCH DIAMETER.

3. STRAP CHAFING GUARD: REINFORCED NYLON OR CANVAS AT LEAST 1-1/2 INCH WIDE, WITH GROMMETS TO PROTECT TREE TRUNKS FROM DAMAGE.

L. STEEL EDGING: PROFESSIONAL STEEL EDGING, 14 GAUGE THICK X 4 INCHES WIDE, FACTORY PAINTED DARK GREEN. ACCEPTABLE MANUFACTURERS INCLUDE COL-MET OR APPROVED EQUAL.

M. PRE-EMERGENT HERBICIDES: ANY GRANULAR, NON-STAINING PRE-EMERGENT HERBICIDE THAT IS LABELED FOR THE SPECIFIC ORNAMENTALS OR TURF ON WHICH IT WILL BE UTILIZED. PRE-EMERGENT HERBICIDES SHALL BE APPLIED PER THE MANUFACTURER'S LABELED RATES.

METHODS
A. SOIL PREPARATION

1. BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE GRADE OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. THE CONTRACTOR SHALL NOTIFY THE OWNER IMMEDIATELY SHOULD ANY DISCREPANCIES EXIST.

2. SOIL TESTING: a. AFTER FINISH GRADES HAVE BEEN ESTABLISHED, CONTRACTOR SHALL HAVE SOIL SAMPLES

FROM THE PROJECT'S LANDSCAPE AREAS TESTED BY AN ESTABLISHED SOIL TESTING LABORATORY. EACH SAMPLE SUBMITTED TO THE LAB SHALL CONTAIN NO LESS THAN ONE QUART OF SOIL, TAKEN FROM BETWEEN THE SOIL SURFACE AND 6" DEPTH. IF NO SAMPLE

LOCATIONS ARE INDICATED ON THE PLANS, THE CONTRACTOR SHALL TAKE A MINIMUM OF THREE SAMPLES FROM VARIOUS REPRESENTATIVE LOCATIONS FOR TESTING. b. THE CONTRACTOR SHALL HAVE THE SOIL TESTING LABORATORY PROVIDE RESULTS FOR THE FOLLOWING: SOIL TEXTURAL CLASS, GENERAL SOIL FERTILITY, pH, ORGANIC MATTER CONTENT, SALT (CEC), LIME, SODIUM ADSORPTION RATIO (SAR) AND BORON CONTENT. c. THE CONTRACTOR SHALL ALSO SUBMIT THE PROJECT'S PLANT LIST TO THE LABORATORY ALONG WITH THE SOIL SAMPLES.
d. THE SOIL REPORT PRODUCED BY THE LABORATORY SHALL CONTAIN RECOMMENDATIONS FOR THE FOLLOWING (AS APPROPRIATE): SEPARATE SOIL PREPARATION AND BACKFILL MIX

RECOMMENDATIONS FOR GENERAL ORNAMENTAL PLANTS, XERIC PLANTS, TURF, AND NATIVE

SEED, AS WELL AS PRE-PLANT FERTILIZER APPLICATIONS AND RECOMMENDATIONS FOR ANY OTHER SOIL RELATED ISSUES. THE REPORT SHALL ALSO PROVIDE A FERTILIZER PROGRAM FOR THE ESTABLISHMENT PERIOD AND FOR LONG-TERM MAINTENANCE.

3. THE CONTRACTOR SHALL INSTALL SOIL AMENDMENTS AND FERTILIZERS PER THE SOILS REPORT RECOMMENDATIONS. ANY CHANGE IN COST DUE TO THE SOIL REPORT RECOMMENDATIONS, EITHER INCREASE OR DECREASE, SHALL BE SUBMITTED TO THE OWNER WITH THE REPORT.

4. FOR BIDDING PURPOSES ONLY, THE SOIL PREPARATION SHALL CONSIST OF THE FOLLOWING: a. TURF: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BY MEANS OF ROTOTILLING AFTER CROSS-RIPPING:
i. NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F. ii. PREPLANT TURF FERTILIZER (10-20-10 OR SIMILAR, SLOW RELEASE, ORGANIC) - 15 LBS PER 1,000 S.F.
iii. "CLAY BUSTER" OR EQUAL - USE MANUFACTURER'S RECOMMENDED RATE b. TREES, SHRUBS, AND PERENNIALS: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BY MEANS OF ROTOTILLING AFTER CROSS-RIPPING:
i. NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F. ii. 12-12-12 FERTILIZER (OR SIMILAR, ORGANIC, SLOW RELEASE) - 10 LBS. PER CU. YD. iii. "CLAY BUSTER" OR EQUAL - USE MANUFACTURER'S RECOMMENDED RATE iv. IRON SULPHATE - 2 LBS. PER CU. YD.

5. IN THE CONTEXT OF THESE PLANS, NOTES, AND SPECIFICATIONS, "FINISH GRADE" REFERS TO THE FINAL ELEVATION OF THE SOIL SURFACE (NOT TOP OF MULCH) AS INDICATED ON THE GRADING PLANS. a. BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE ROUGH GRADES OF ALL LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. SEE SPECIFICATIONS FOR MORE DETAILED INSTRUCTION ON TURF AREA AND PLANTING BED PREPARATION. b. CONSTRUCT AND MAINTAIN FINISH GRADES AS SHOWN ON GRADING PLANS, AND CONSTRUCT AND MAINTAIN SLOPES AS RECOMMENDED BY THE GEOTECHNICAL REPORT. ALL LANDSCAPE

AREAS SHALL HAVE POSITIVE DRAINAGE AWAY FROM STRUCTURES AT THE MINIMUM SLOPE

SPECIFIED IN THE REPORT AND ON THE GRADING PLANS, AND AREAS OF POTENTIAL PONDING

SHALL BE REGRADED TO BLEND IN WITH THE SURROUNDING GRADES AND ELIMINATE PONDING POTENTIAL. c. THE LANDSCAPE CONTRACTOR SHALL DETERMINE WHETHER OR NOT THE EXPORT OF ANY SOIL

WILL BE NEEDED, TAKING INTO ACCOUNT THE ROUGH GRADE PROVIDED, THE AMOUNT OF SOIL

AMENDMENTS TO BE ADDED (BASED ON A SOIL TEST, PER SPECIFICATIONS), AND THE FINISH GRADES TO BE ESTABLISHED.
d. ENSURE THAT THE FINISH GRADE IN SHRUB AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 3" BELOW THE ADJACENT FINISH SURFACE, IN ORDER TO ALLOW FOR PROPER MULCH DEPTH. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS. e. ENSURE THAT THE FINISH GRADE IN TURF AREAS IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES, AFTER INSTALLING SOIL AMENDMENTS, IS 1" BELOW THE FINISH SURFACE OF THE WALKS. TAPER THE SOIL SURFACE TO MEET FINISH GRADE, AS SPECIFIED ON THE GRADING PLANS, AT APPROXIMATELY 18" AWAY FROM THE WALKS. f. SHOULD ANY CONFLICTS AND/OR DISCREPANCIES ARISE BETWEEN THE GRADING PLANS,

GEOTECHNICAL REPORT, THESE NOTES AND PLANS, AND ACTUAL CONDITIONS, THE

CONTRACTOR SHALL IMMEDIATELY BRING SUCH ITEMS TO THE ATTENTION OF THE LANDSCAPE ARCHITECT, GENERAL CONTRACTOR, AND OWNER.

6. ONCE SOIL PREPARATION IS COMPLETE, THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT THERE ARE NO DEBRIS, TRASH, OR STONES LARGER THAN 1" REMAINING IN THE TOP 6" OF SOIL.

TYPICAL CURB AND GUTTER

TYPICAL PLANTING AREA
LINEAR ROOT BARRIER MATERIAL. SEE

PLANTING NOTES FOR TYPE AND
MANUFACTURER. INSTALL PER
MANUFACTURER'S SPECIFICATIONS.

TREE CANOPY

TREE TRUNK
1 TYPICAL WALKWAY OR PAVING
2 3
4 5
6 1
4 2
3 5
6 5' 5' 5' 5'

OPEN LANDSCAPE
TO 10'

PARKWAY

OR ISLAND
NOTES:
1) INSTALL ROOT BARRIERS NEAR ALL

NEWLY-PLANTED TREES THAT ARE LOCATED
WITHIN FIVE (5) FEET OF PAVING OR CURBS.
2) BARRIERS SHALL BE LOCATED IMMEDIATELY
ADJACENT TO HARDSCAPE. UNDER NO

CIRCUMSTANCES SHALL THE CONTRACTOR

USE ROOT BARRIERS OF A TYPE THAT
COMPLETELY ENCIRCLE THE ROOTBALL.

B. SUBMITTALS

1. THE CONTRACTOR SHALL PROVIDE SUBMITTALS AND SAMPLES, IF REQUIRED, TO THE LANDSCAPE ARCHITECT, AND RECEIVE APPROVAL IN WRITING FOR SUCH SUBMITTALS BEFORE WORK COMMENCES.

2. SUBMITTALS SHALL INCLUDE PHOTOS OF PLANTS WITH A RULER OR MEASURING STICK FOR SCALE,

PHOTOS OR SAMPLES OF ANY REQUIRED MULCHES, AND SOIL TEST RESULTS AND PREPARATION

RECOMMENDATIONS FROM THE TESTING LAB (INCLUDING COMPOST AND FERTILIZER RATES AND

TYPES, AND OTHER AMENDMENTS FOR TREE/SHRUB, TURF, AND SEED AREAS AS MAY BE APPROPRIATE).

3. SUBMITTALS SHALL ALSO INCLUDE MANUFACTURER CUT SHEETS FOR PLANTING ACCESSORIES SUCH AS TREE STAKES AND TIES, EDGING, AND LANDSCAPE FABRICS (IF ANY).

4. WHERE MULTIPLE ITEMS ARE SHOWN ON A PAGE, THE CONTRACTOR SHALL CLEARLY INDICATE THE ITEM BEING CONSIDERED.

C. GENERAL PLANTING

1. REMOVE ALL NURSERY TAGS AND STAKES FROM PLANTS.

2. EXCEPT IN AREAS TO BE PLANTED WITH ORNAMENTAL GRASSES, APPLY PRE-EMERGENT HERBICIDES AT THE MANUFACTURER'S RECOMMENDED RATE.

3. TRENCHING NEAR EXISTING TREES: a. CONTRACTOR SHALL NOT DISTURB ROOTS 1-1/2" AND LARGER IN DIAMETER WITHIN THE CRITICAL

ROOT ZONE (CRZ) OF EXISTING TREES, AND SHALL EXERCISE ALL POSSIBLE CARE AND PRECAUTIONS TO AVOID INJURY TO TREE ROOTS, TRUNKS, AND BRANCHES. THE CRZ IS

DEFINED AS A CIRCULAR AREA EXTENDING OUTWARD FROM THE TREE TRUNK, WITH A RADIUS EQUAL TO 1' FOR EVERY 1" OF TRUNK DIAMETER-AT-BREAST-HEIGHT (4.5' ABOVE THE AVERAGE GRADE AT THE TRUNK).
b. ALL EXCAVATION WITHIN THE CRZ SHALL BE PERFORMED USING HAND TOOLS. NO MACHINE EXCAVATION OR TRENCHING OF ANY KIND SHALL BE ALLOWED WITHIN THE CRZ. c. ALTER ALIGNMENT OF PIPE TO AVOID TREE ROOTS 1-1/2" AND LARGER IN DIAMETER. WHERE TREE ROOTS 1-1/2" AND LARGER IN DIAMETER ARE ENCOUNTERED IN THE FIELD, TUNNEL UNDER SUCH ROOTS. WRAP EXPOSED ROOTS WITH SEVERAL LAYERS OF BURLAP AND KEEP MOIST.

CLOSE ALL TRENCHES WITHIN THE CANOPY DRIP LINES WITHIN 24 HOURS. d. ALL SEVERED ROOTS SHALL BE HAND PRUNED WITH SHARP TOOLS AND ALLOWED TO AIR-DRY.

DO NOT USE ANY SORT OF SEALERS OR WOUND PAINTS.

D. TREE PLANTING

1. TREE PLANTING HOLES SHALL BE EXCAVATED TO MINIMUM WIDTH OF TWO TIMES THE WIDTH OF THE ROOTBALL, AND TO A DEPTH EQUAL TO THE DEPTH OF THE ROOTBALL LESS TWO TO FOUR INCHES.

2. SCARIFY THE SIDES AND BOTTOM OF THE PLANTING HOLE PRIOR TO THE PLACEMENT OF THE TREE.

REMOVE ANY GLAZING THAT MAY HAVE BEEN CAUSED DURING THE EXCAVATION OF THE HOLE.

3. FOR CONTAINER AND BOX TREES, TO REMOVE ANY POTENTIALLY GIRDLING ROOTS AND OTHER ROOT DEFECTS, THE CONTRACTOR SHALL SHAVE A 1" LAYER OFF OF THE SIDES AND BOTTOM OF THE ROOTBALL OF ALL TREES JUST BEFORE PLACING INTO THE PLANTING PIT. DO NOT "TEASE" ROOTS OUT FROM THE ROOTBALL.

4. INSTALL THE TREE ON UNDISTURBED SUBGRADE SO THAT THE TOP OF THE ROOTBALL IS TWO TO FOUR INCHES ABOVE THE SURROUNDING GRADE.

5. BACKFILL THE TREE HOLE UTILIZING THE EXISTING TOPSOIL FROM ON-SITE. ROCKS LARGER THAN 1" DIA. AND ALL OTHER DEBRIS SHALL BE REMOVED FROM THE SOIL PRIOR TO THE BACKFILL. SHOULD

ADDITIONAL SOIL BE REQUIRED TO ACCOMPLISH THIS TASK, USE STORED TOPSOIL FROM ON-SITE OR IMPORT ADDITIONAL TOPSOIL FROM OFF-SITE AT NO ADDITIONAL COST TO THE OWNER. IMPORTED TOPSOIL SHALL BE OF SIMILAR TEXTURAL CLASS AND COMPOSITION IN THE ON-SITE SOIL.

6. TREES SHALL NOT BE STAKED UNLESS LOCAL CONDITIONS (SUCH AS HEAVY WINDS OR SLOPES) REQUIRE STAKES TO KEEP TREES UPRIGHT. SHOULD STAKING BE REQUIRED, THE TOTAL NUMBER OF

TREE STAKES (BEYOND THE MINIMUMS LISTED BELOW) WILL BE LEFT TO THE LANDSCAPE CONTRACTOR'S DISCRETION. SHOULD ANY TREES FALL OR LEAN, THE LANDSCAPE CONTRACTOR SHALL STRAIGHTEN THE TREE, OR REPLACE IT SHOULD IT BECOME DAMAGED. TREE STAKING SHALL ADHERE TO THE FOLLOWING GUIDELINES: a. #15 CONT. - 24" BOX TREES TWO STAKES PER TREE b. 36"-48" BOX TREES THREE STAKES PER TREE
c. OVER 48" BOX TREES GUY AS NEEDED
d. MULTI-TRUNK TREES THREE STAKES PER TREE MINIMUM, QUANTITY AND POSITIONS AS

NEEDED TO STABILIZE THE TREE

7. UPON COMPLETION OF PLANTING, CONSTRUCT AN EARTH WATERING BASIN AROUND THE TREE.

COVER THE INTERIOR OF THE TREE RING WITH MULCH (TYPE AND DEPTH PER PLANS).

E. SHRUB, PERENNIAL, AND GROUNDCOVER PLANTING

1. DIG THE PLANTING HOLES TWICE AS WIDE AND 2" LESS DEEP THAN EACH PLANT'S ROOTBALL. INSTALL THE PLANT IN THE HOLE. BACKFILL AROUND THE PLANT WITH SOIL AMENDED PER SOIL TEST RECOMMENDATIONS.

2. WHEN PLANTING IS COMPLETE, INSTALL MULCH (TYPE AND DEPTH PER PLANS) OVER ALL PLANTING BEDS, COVERING THE ENTIRE PLANTING AREA.

F. SODDING

1. SOD VARIETY TO BE AS SPECIFIED ON THE LANDSCAPE PLAN.

2. LAY SOD WITHIN 24 HOURS FROM THE TIME OF STRIPPING. DO NOT LAY IF THE GROUND IS FROZEN.

3. LAY THE SOD TO FORM A SOLID MASS WITH TIGHTLY FITTED JOINTS. BUTT ENDS AND SIDES OF SOD STRIPS - DO NOT OVERLAP. STAGGER STRIPS TO OFFSET JOINTS IN ADJACENT COURSES.

4. ROLL THE SOD TO ENSURE GOOD CONTACT OF THE SOD'S ROOT SYSTEM WITH THE SOIL UNDERNEATH.

5. WATER THE SOD THOROUGHLY WITH A FINE SPRAY IMMEDIATELY AFTER PLANTING TO OBTAIN AT LEAST SIX INCHES OF PENETRATION INTO THE SOIL BELOW THE SOD.

G. HYDROSEEDING

1. TURF HYDROMULCH MIX (PER 1,000 SF) SHALL BE AS FOLLOWS: a. WINTER MIX (OCTOBER 1 - MARCH 31) 50# CELLULOSE FIBER MULCH
2# UNHULLED BERMUDA SEED
2# ANNUAL RYE SEED
15# 15-15-15 WATER SOLUBLE FERTILIZER
b. SUMMER MIX (APRIL 1 - SEPTEMBER 30)
50# CELLULOSE FIBER MULCH
2# HULLED BERMUDA SEED
15# 15-15-15 WATER SOLUBLE FERTILIZER

2. SEED HYDROMULCH MIX (PER 1,000 SF) SHALL BE AS FOLLOWS: a. GENERAL 50# CELLULOSE FIBER MULCH
15# 15-15-15 WATER SOLUBLE FERTILIZER

SEED RATE PER LEGEND
H. MULCH

1. INSTALL MULCH TOPDRESSING, TYPE AND DEPTH PER MULCH NOTE, IN ALL PLANTING AREAS AND TREE RINGS.

2. DO NOT INSTALL MULCH WITHIN 6" OF TREE ROOT FLARE AND WITHIN 24" OF HABITABLE STRUCTURES, EXCEPT AS MAY BE NOTED ON THESE PLANS. MULCH COVER WITHIN 6" OF CONCRETE WALKS AND CURBS SHALL NOT PROTRUDE ABOVE THE FINISH SURFACE OF THE WALKS AND CURBS. MULCH COVER WITHIN 12" OF WALLS SHALL BE AT LEAST 3" LOWER THAN THE TOP OF WALL.

I. CLEAN UP

1. DURING LANDSCAPE PREPARATION AND PLANTING, KEEP ALL PAVEMENT CLEAN AND ALL WORK AREAS IN A NEAT, ORDERLY CONDITION.

2. DISPOSED LEGALLY OF ALL EXCAVATED MATERIALS OFF THE PROJECT SITE.

J. INSPECTION AND ACCEPTANCE

1. UPON COMPLETION OF THE WORK, THE LANDSCAPE CONTRACTOR SHALL PROVIDE THE SITE CLEAN, FREE OF DEBRIS AND TRASH, AND SUITABLE FOR USE AS INTENDED. THE LANDSCAPE CONTRACTOR SHALL THEN REQUEST AN INSPECTION BY THE OWNER TO DETERMINE FINAL ACCEPTABILITY.

2. WHEN THE INSPECTED PLANTING WORK DOES NOT COMPLY WITH THE CONTRACT DOCUMENTS, THE

LANDSCAPE CONTRACTOR SHALL REPLACE AND/OR REPAIR THE REJECTED WORK TO THE OWNER'S SATISFACTION WITHIN 24 HOURS.

3. THE LANDSCAPE MAINTENANCE PERIOD WILL NOT COMMENCE UNTIL THE LANDSCAPE WORK HAS BEEN RE-INSPECTED BY THE OWNER AND FOUND TO BE ACCEPTABLE. AT THAT TIME, A WRITTEN

NOTICE OF FINAL ACCEPTANCE WILL BE ISSUED BY THE OWNER, AND THE MAINTENANCE AND GUARANTEE PERIODS WILL COMMENCE.

K. LANDSCAPE MAINTENANCE

1. THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL WORK SHOWN ON THESE PLANS FOR 90 DAYS BEYOND FINAL ACCEPTANCE OF ALL LANDSCAPE WORK BY THE OWNER. LANDSCAPE MAINTENANCE SHALL INCLUDE WEEKLY SITE VISITS FOR THE FOLLOWING ACTIONS (AS APPROPRIATE): PROPER PRUNING, RESTAKING OF TREES, RESETTING OF PLANTS THAT

HAVE SETTLED, MOWING AND AERATION OF LAWNS, WEEDING, RESEEDING AREAS WHICH HAVE NOT

GERMINATED WELL, TREATING FOR INSECTS AND DISEASES,REPLACEMENT OF MULCH, REMOVAL OF

LITTER, REPAIRS TO THE IRRIGATION SYSTEM DUE TO FAULTY PARTS AND/OR WORKMANSHIP, AND THE APPROPRIATE WATERING OF ALL PLANTINGS. THE LANDSCAPE CONTRACTOR SHALL MAINTAIN

THE IRRIGATION SYSTEM IN PROPER WORKING ORDER, WITH SCHEDULING ADJUSTMENTS BY SEASON TO MAXIMIZE WATER CONSERVATION.

2. SHOULD SEEDED AND/OR SODDED AREAS NOT BE COVERED BY AN AUTOMATIC IRRIGATION SYSTEM,

THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR WATERING THESE AREAS AND OBTAINING A FULL, HEALTHY STAND OF PLANTS AT NO ADDITIONAL COST TO THE OWNER.

3. TO ACHIEVE FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD, ALL OF THE FOLLOWING CONDITIONS MUST OCCUR: a. THE LANDSCAPE SHALL SHOW ACTIVE, HEALTHY GROWTH (WITH EXCEPTIONS MADE FOR SEASONAL DORMANCY). ALL PLANTS NOT MEETING THIS CONDITION SHALL BE REJECTED AND REPLACED BY HEALTHY PLANT MATERIAL PRIOR TO FINAL ACCEPTANCE. b. ALL HARDSCAPE SHALL BE CLEANED PRIOR TO FINAL ACCEPTANCE. c. SODDED AREAS MUST BE ACTIVELY GROWING AND MUST REACH A MINIMUM HEIGHT OF 1 1/2 INCHES BEFORE FIRST MOWING. HYDROMULCHED AREAS SHALL SHOW ACTIVE, HEALTHY GROWTH. BARE AREAS LARGER THAN TWELVE SQUARE INCHES MUST BE RESODDED OR RESEEDED (AS APPROPRIATE) PRIOR TO FINAL ACCEPTANCE. ALL SODDED TURF SHALL BE NEATLY MOWED.

L. WARRANTY PERIOD, PLANT GUARANTEE AND REPLACEMENTS

1. THE LANDSCAPE CONTRACTOR SHALL GUARANTEE ALL TREES, SHRUBS, PERENNIALS, SOD,

SEEDED/HYDROSEEDED AREAS, AND IRRIGATION SYSTEMS FOR A PERIOD OF ONE YEAR FROM THE DATE OF THE OWNER'S FINAL ACCEPTANCE (90 DAYS FOR ANNUAL PLANTS). THE CONTRACTOR SHALL

REPLACE, AT HIS OWN EXPENSE AND TO THE SATISFACTION OF THE OWNER, ANY PLANTS WHICH DIE IN THAT TIME, OR REPAIR ANY PORTIONS OF THE IRRIGATION SYSTEM WHICH OPERATE IMPROPERLY.

2. AFTER THE INITIAL MAINTENANCE PERIOD AND DURING THE GUARANTEE PERIOD, THE LANDSCAPE

CONTRACTOR SHALL ONLY BE RESPONSIBLE FOR REPLACEMENT OF PLANTS WHEN PLANT DEATH CANNOT BE ATTRIBUTED DIRECTLY TO OVERWATERING OR OTHER DAMAGE BY HUMAN ACTIONS.

M. PROVIDE A MINIMUM OF (2) COPIES OF RECORD DRAWINGS TO THE OWNER UPON COMPLETION OF WORK. A

RECORD DRAWING IS A RECORD OF ALL CHANGES THAT OCCURRED IN THE FIELD AND THAT ARE DOCUMENTED THROUGH CHANGE ORDERS, ADDENDA, OR CONTRACTOR/CONSULTANT DRAWING MARKUPS. LANDSCAPE

SPECIFICATIONS
& DETAILS
www.EvergreenDesignGroup.com
11801 Pierce Street, Suite 200
Riverside, CA 92505
(800) 680-6630 LP-2

EVERGREEN

D E S I G N G R O U P

THIS SHEET IS

INFORMATION
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BP WEST COAST PRODUCTS, LLC
ARCO
bp

NWC COLUSA HIGHWAY
@ HARTER PARKWAY

YUBA CITY, CALIFORNIA
FACILITY #TBD
21230
-
-

RETAIL DEVELOPMENT
Preliminary Not For Construction NOT FOR CONSTRUCTION

ATTACHMENT 4

BP WEST COAST PRODUCTS, LLC
ARCO
bp

NWC COLUSA HIGHWAY
@ HARTER PARKWAY

YUBA CITY, CALIFORNIA
FACILITY #TBD
21230
-
-

RETAIL DEVELOPMENT
Preliminary Not For Construction

BI-PART

SLIDING
OPTION

FRONT ELEVATION

LEFT ELEVATION

GENERAL NOTES

KEYED NOTES

COLOR LEGEND

MATERIAL LEGEND

EXTERIOR

ELEVATIONS
A2.1

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ACCESS BY QUALIFIED
PERSONNEL ONLY!
PH. (704) 364-9029 / 1-800-736-4455 / FAX (704) 367-1215 1132 Pro Am Dr. Charlotte, NC 28211 Carolina Products, Inc. CPI CPI CAROLINA PRODUCTS, INC.

LIGHTING

CONTROLS
ACCESS

ACCESS BY QUALIFIED
PERSONNEL ONLY!
PH. (704) 364-9029 / 1-800-736-4455 / FAX (704) 367-1215 1132 Pro Am Dr. Charlotte, NC 28211 Carolina Products, Inc. CPI CPI CAROLINA PRODUCTS, INC.

BP WEST COAST PRODUCTS, LLC
ARCO
bp

NWC COLUSA HIGHWAY
@ HARTER PARKWAY

YUBA CITY, CALIFORNIA
FACILITY #TBD
21230
-
-

RETAIL DEVELOPMENT
Preliminary Not For Construction

EXTERIOR

ELEVATIONS
A2.2

REAR ELEVATION

RIGHT ELEVATION

GENERAL NOTES

KEYED NOTES

COLOR LEGEND

MATERIAL LEGEND

BP WEST COAST PRODUCTS, LLC
ARCO
bp

NWC COLUSA HIGHWAY
@ HARTER PARKWAY

YUBA CITY, CALIFORNIA
FACILITY #TBD
21230
-
-

RETAIL DEVELOPMENT

EQUIPMENT FLOOR PLAN

EQUIPMENT

FLOOR PLAN
Q1.1

C-STORE
900 S.F.

STORAGE
4,680 S.F.

Preliminary Not For Construction NOT FOR

CONSTRUCTION

PLAN

CANOPY SLAB
CA1.1
CANOPY SLAB PLAN - 6,050 S.F.

BP WEST COAST PRODUCTS, LLC
ARCO
bp

NWC COLUSA HIGHWAY
@ HARTER PARKWAY

YUBA CITY, CALIFORNIA
FACILITY #TBD
21230
-
-

RETAIL DEVELOPMENT
Preliminary Not For Construction

TRASH/ WINDSHIELD CADDY

NOT FOR

CONSTRUCTION

BP WEST COAST PRODUCTS, LLC
ARCO
bp

NWC COLUSA HIGHWAY
@ HARTER PARKWAY

YUBA CITY, CALIFORNIA
FACILITY #TBD
21230
-
-

RETAIL DEVELOPMENT
Preliminary Not For Construction
CANOPY

ELEVATIONS
CA2.1

EAST CANOPY ELEVATION

NORTH CANOPY ELEVATION

STREET SIDE

FACING ADJACENT RETAIL

WEST CANOPY ELEVATION

SOUTH CANOPY ELEVATION

STREET SIDE

HARTER PARKWAY

BUILDING SIDE

COLOR LEGEND

BUILDING SIDE

STREET SIDE

FACING ADJACENT RETAIL

STREET SIDE

FACING ADJACENT RETAIL

STREET SIDE

FACING ADJACENT RETAIL

MATERIAL LEGEND

BP WEST COAST PRODUCTS, LLC
ARCO
bp

NWC COLUSA HIGHWAY
@ HARTER PARKWAY

YUBA CITY, CALIFORNIA
FACILITY #TBD
21230
-
-

RETAIL DEVELOPMENT
Preliminary Not For Construction
CANOPY

ELEVATIONS
CA2.1

EAST CANOPY ELEVATION

NORTH CANOPY ELEVATION

STREET SIDE

FACING ADJACENT RETAIL

WEST CANOPY ELEVATION

SOUTH CANOPY ELEVATION

STREET SIDE

HARTER PARKWAY

BUILDING SIDE

COLOR LEGEND

BUILDING SIDE

STREET SIDE

FACING ADJACENT RETAIL

STREET SIDE

FACING ADJACENT RETAIL

STREET SIDE

FACING ADJACENT RETAIL

MATERIAL LEGEND

CAR WASH

FLOOR PLAN
CWA1.1

BP WEST COAST PRODUCTS, LLC
ARCO
bp

NWC COLUSA HIGHWAY
@ HARTER PARKWAY

YUBA CITY, CALIFORNIA
FACILITY #TBD
21230
-
-

RETAIL DEVELOPMENT
Preliminary Not For Construction

EQUIPMENT ROOM

CAR WASH BAY

ATTENDANT
BOOTH

CAR WASH FLOOR PLAN
GROSS FLR AREA: 3582 SF

NOT FOR

CONSTRUCTION

EXIT ENTRY

BP WEST COAST PRODUCTS, LLC
ARCO
bp

NWC COLUSA HIGHWAY
@ HARTER PARKWAY

YUBA CITY, CALIFORNIA
FACILITY #TBD
21230
-
-

RETAIL DEVELOPMENT
Preliminary Not For Construction

REAR ELEVATION- EAST SIDE

RIGHT ELEVATION-NORTH SIDE

CARWASH

ELEVATIONS
CWA2.1

GENERAL NOTES

KEYED NOTES

LEFT ELEVATION-SOUTH SIDE

FRONT ELEVATION- WEST SIDE

COLOR LEGEND

ATTACHMENT 5

ATTACHMENT 6

Alcohol Justification and Statement of Qualifications

ALCOHOL JUSTIFICATION AND

STATEMENT OF QUALIFICATIONS
ARCO Harter Marketplace
NWC CA-20 and Harter Parkway
Yuba City
Business Owner:

Dharni Lada Yuba City LLC
Ken Dharni
147” x 65”

Alcohol Justification and Statement of Qualifications
Introduction and Project Description
The Applicant ("Applicant") has processed entitlements and is finalizing a Parcel Map for a new ARCO am/pm with fuel facility, operating 24 hours and selling beer, wine and spirits for off-premises consumption.

This development will be located at the NWC of CA-20 and Harter Parkway, in the Harter Marketplace, on a newly-created parcel of land.

The Applicant submits this statement of justification and qualifications in support of the PCN application. It is the Applicant's goal to work very closely with local law enforcement, both in the areas of site and building design and operations. The site, landscaping, and building are designed using the principles of Crime Prevention Through Environmental Design (CPTED).

The Applicant operates 7 convenience stores with fuel stations in California, and has a 33-year history of developing, owning and operating ARCO am pm and other branded locations.

The ARCO am/pm is a fuel station and convenience store sized to serve the neighborhood with a variety of products. Customers of the am/pm store appreciate the ability to shop 24-hours a day, 7-days a week for the wider variety of products sold. A typical store is staffed by 20 full-time and part-time employees.

The product category of alcoholic beverages is essential to the viability of convenience stores, in some cases making up as much as 20% of sales. Inherent in the reasons for shopping at convenience stores is the expectation that a prominent location and a small floor layout results in a more convenient “one-stop” shopping experience, as opposed to navigating through large regional shopping centers or large grocery or drug store parking lots. The WalMart across the street may carry alcoholic beverages, but a customer wanting that alone has to navigate through a large parking lot, a Big Box store layout and multiple full lines of checkout lanes to buy it there. ARCO ampm offers a faster, more convenient alternative.

One the way home from work, the customer benefits from parking located directly in front of the c-store, and once inside the approximately 3,800 square foot store (excluding storage room) finds a much shorter path to travel to reach the display area. While both grocery or drug stores and convenience stores generally locate alcoholic beverages against a rear or side wall, with c-store building dimensions of 80 feet X 40 feet, the distance to reach the area is much closer than in the 13,000 to 50,000 square feet of a typical grocery or drug store, or much larger in the case of Big Box stores.

With this convenience comes a responsibility. ARCO AM/PM stores not only are designed using the principles of Crime Prevention Through Environmental Design, the operations conduct on-going staff training for age-restricted sales based on industry-proven materials, and have many operational features designed to ensure compliance with laws governing those sales, such as registers that contain features to assist in flagging under-age attempts at sales. Training includes effectively dealing with instances of loitering, and being vigilant about what is happening outside the store.

Twenty four-hour operations are designed and operated to be well lit to avoid loitering, prevent vandalism and graffiti. Interior, exterior lighting and security cameras are prominent, with lighting designed to not throw into neighboring properties while providing minimum foot candle level commensurate with county requirements.

Store managers and their staff receive extensive training in maintaining store security and deterring potential crimes and violence which includes security procedures, proper store maintenance, violence avoidance and what-to-do in case of a robbery. Employees regularly have tasks that take them outside to all areas of the premises, during which time evidence of loitering is monitored.

Alcohol Justification and Statement of Qualifications
The convenience store is proposed with 16 exterior security cameras, which cover all possible exterior surfaces and areas of the building with emphasis on entrances and areas that cannot be seen through windows.

An electronic "point of sale" age verification system is used, which includes these features: Scans and authenticates ID; identifies fake IDs; records dates and times of entry; has the ability to create a "banned patron" list; and the name of the store shall be printed on all receipts.

All employees will be required to attend ABC Training prior to selling alcoholic beverages and in accordance with the Responsible Beverage Service Training Act of 2017 (RBST) must be certified within 60 days of hire date. Training is conducted by managers at the station, and in the case of the RBST, by ABC-accredited trainers.

Ongoing training is handled in store using training materials provided by the ABC.

Please see the enclosed Security Plan for more details.

Alcohol Justification and Statement of Qualifications
Sale of Alcoholic Beverages – Statement of Qualifications The Applicant has a solid track record of over 33 years of serving the community where the stations are located with only two violations in all that time, both a result of ABC-operated “sting” operations. One, in 2016, was for an underage sale, and was resolved by paying a fine. The other was for selling a nonauthorized packages of a three pack of beer, also resolved by paying a fine and removing the nonauthorized packaging. Below is a list of locations with alcohol licenses held by the Applicant and his partners.

Alcohol Justification and Statement of Qualifications

JUSTIFICATION
Section 23958 of the State of California Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4 of said Business and Professions Code.

Section 23958.4 of the Business and Professions Code provides that, notwithstanding the limitations of Section 23958, the ABC shall issue a license if the applicant shows that “public convenience or necessity” would be served by the issuance of such license; and Section 23958.4 further provides that the determination of “public convenience or necessity” shall be made by the local governing body of the area in which the applicant’s premises are located with regard to certain applications.

The following arguments are put forth in furtherance of support for a determination of public convenience or necessity (PCN).

Approving the PCN will not have a potential for resulting in a reasonably foreseeable physical change to the existing environment. It is commonly accepted throughout the industry that convenience stores sell alcoholic beverages. The Applicant has demonstrated through past performance and intended operational characteristics that alcoholic beverages will be sold safely and in accordance with applicable laws.

The request to permit alcohol sales for off-premise consumption in conjunction with this establishment will not adversely affect the surrounding land uses and the growth and development of the area because the use is compatible with the nearby developments, being a predominantly commercial area.

The determination of Public Convenience or Necessity, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Yuba City.

- 1 - Harter Marketplace Security Plan

SECURITY PLAN
ARCO Harter Marketplace
NWC CA-20 and Harter Parkway
Yuba City
Business Owner:

Dharni Lada Yuba City LLC
Ken Dharni

- 2 - Harter Marketplace Security Plan
Security Plan
Introduction and Project Description
The Applicant ("Applicant") has processed entitlements and is finalizing a Parcel Map for a new ARCO am/pm with fuel facility, operating 24 hours and selling beer and wine for off-premises consumption. This development will be located at the NWC of CA-20 and Harter Parkway, in the Harter Marketplace, on a newly created parcel.

The Applicant submits this draft security plan for law enforcement feedback. It is the Applicant's goal to work very closely with local law enforcement, both in the areas of site and building design and operations.

The site, landscaping, and building are designed using the principles of Crime Prevention Through Environmental Design (CPTED).

The Applicant operates 7 convenience stores with fuel stations in California, and has a 33-year history of developing, owning and operating ARCO am pm and other branded locations.

The ARCO am/pm is a fuel station and convenience store sized to serve the neighborhood with a variety of products. Customers of the am/pm store appreciate the ability to shop 24-hours a day, 7-days a week for the wider variety of products sold. A typical store is staffed by 20 full-time and part-time employees.

Safety is also a priority for am/pm. Twenty four-hour operations are designed and operated to be well lit to avoid loitering, prevent vandalism and graffiti. Interior, exterior lighting and security cameras are prominent, with lighting designed to not throw into neighboring properties while providing minimum foot candle level commensurate with county requirements.

This Security Plan is organized into categories describing steps to be taken to ensure greater safety within the subject category.

Sale of Alcoholic Beverages
The Applicant has a solid track record of over 33 years of serving the community where the stations are located with only two violations in all that time, both a result of ABC-operated “sting” operations. One, in 2016, was for an underage sale, and was resolved by paying a fine. The other was for selling a nonauthorized packages of a three pack of beer, also resolved by paying a fine and removing the nonauthorized packaging.

Alcohol sales at the store will be based on the following:
• Alcohol sales and service will be permitted only between the hours of 6:00 am and 2:00 am in accordance with California law.
• Sales of wine shall be in containers of at least 750 ml. • Wine coolers, whether made for wine or malt products, shall not be sold in quantities of less than factory packs of four.
• The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages on or around the premises is prohibited.
• The Applicant will comply with all laws and regulations related to the distribution of alcoholic beverages, including not selling, furnishing, giving or causing to be sold, furnished of given away, any alcoholic beverages to any habitual drunkard, or to any obviously intoxicated person.

- 3 - Harter Marketplace Security Plan
• The Applicant will post and maintain on the premises and in the parking lot notices or signs no less than eighteen inches by twenty-four inches (18"x 24") in size, clearly visible to patrons of the licensee(s) and parking lot and to persons on the public sidewalk stating in two (2) inch block lettering the following:

In addition to these conditions, an electronic "point of sale" age verification system is used, which includes these features:
• Scans and authenticates ID
• Identifies fake IDs
• Records dates and times of entry
• Has the ability to create a "banned patron" list
• The name of the store shall be printed on all receipts.

All employees will be required to attend ABC Training prior to selling alcoholic beverages and in accordance with the Responsible Beverage Service Training Act of 2017 (RBST) must be certified within 60 days of hire date. Training is conducted by managers at the station, and in the case of the RBST, by ABC-accredited trainers. This training includes:
• Serving responsibly and refusing service
• Liabilities
• Decoy Operations
• Checking ID
• State laws and regulations
• Impact of alcohol on the body.

In addition, managers conduct periodic refresher courses for employees, with intervals of at least annually.

Operational Characteristics Including Surveillance
Store managers and their staff receive extensive training in maintaining store security and deterring potential crimes and violence which includes security procedures, proper store maintenance, violence avoidance and what-to-do in case of a robbery.

Employees regularly have tasks that take them outside to all areas of the premises, during which time evidence of loitering is monitored.

Broken or damaged exterior lighting shall be repaired or replaced within 48 hours of being noted.

- 4 - Harter Marketplace Security Plan
The Applicant will be responsible for the daily removal of all litter from the site.

Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over with matching paint within 72 hours of being applied.

The Applicant is responsible for reasonably controlling the conduct of persons on the site and adjacent sidewalks and shall immediately disperse loiterers.

All dumpsters shall be kept locked.

Exterior trash receptacles are of a design to prevent unauthorized removal of articles from the trash bin.

Licensee(s) shall post and maintain on the premises and in the parking lot used in conjunction therewith, notices or signs, no less than eighteen inches by twenty-four inches (18" x 24") in size, clearly visible to patrons of the licensee(s) and parking lot and to persons on the public sidewalk stating in two (2) inch block lettering the following:

No more than 33 percent of the square footage of the windows and clear doors will be blocked by advertising, signs, shelves or anything else. All advertising, signs, and shelving will be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. All signs shall comply with the code.

No public pay phones/telephones are allowed on the premises.

No coin operated games or video machines are allowed on the premises.

The Applicant uses a Recorded Video Assessment and Surveillance System (VASS), which includes these features:
• Cameras and VASS storage is digital high definition or better. • VASS storage is kept in a secured area accessible only to management. • VASS is equipped with a battery back-up with at least one hour of stand-by time in case of power failure.
• VASS shall support standard MPEG formats.
• VASS is capable of storing no less than 30-days worth of activity. • Manager with access to VASS storage is able to respond within 30 minutes to a request for recorded data during business hours.
• Manager has the ability to transfer recorded data to another medium (e.g. DVD, thumb drive, etc.).
• Cameras are equipped with low light capability, auto iris and auto focus. • VASS provides comprehensive coverage of all points of sale, safe, manager's office, areas of ingress and egress (doors, driveways), alcohol placement areas, parking lot and bicycle

- 5 - Harter Marketplace Security Plan
parking, gas pumps, coverage of all four (4) exterior sides of the property, adjacent public rights of way, transformer and trash enclosure area, and at least one camera shall be positioned to get a front face shot (e.g. height strip camera)
An exhibit showing interior and exterior camera locations is provided with this plan.

An UL listed central station silent robbery alarm system will be employed at all points of sale, the manager's office, and near the safe(s). Alarm is be equipped with battery back-up with at least one hour of stand-by time in case of power failure.

The store will be equipped with a timed safe adjacent to the cashier limiting cash available at $50.

Lighting
A Photometric study is included with this plan.

The parking lot of the premises will be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting will not disturb the normal privacy and use of any neighboring residences.

Exterior lighting is white light using LED lamps with full cutoff fixtures to limit glare and light trespass. Color temperature shall be between 2700K and 4100K.

Parking and bicycle parking are illuminated to a maintained minimum of 1.5 foot candles per square foot of parking area at a 10:1 maximum to minimum ratio during business hours.

Exterior walkways, alcoves and passageways are illuminated to a maintained minimum 1 foot candles per square foot of surface area at a 2-foot candle minimum average and a 4:1 average to minimum ratio from one-half hour before dusk to one-half hour after dawn.

Exterior lighting is designed in coordination with the landscaping plan to minimize interference between the light standards and required illumination and the landscape trees and required shading.

Exterior lighting is shielded or otherwise designed to avoid spillover illumination to adjacent streets and properties.

Lighting of all interior areas is adequate to provide for the safe operation and movement of all persons occupying the structure. Emergency lighting fixtures (battery operated) are installed throughout the structure that automatically activate during an electrical power outage. All main and emergency exits are clearly marked and lighted as required by the Fire Code.

Design Features
The address will be placed on the exterior wall of the building so as to be visible from the street or road fronting the property. Address numbers should be a minimum of 16 inches in height and a contrasting color to that of the building. Address numbers will be illuminated all night.

All solid core exterior doors are equipped with a 180- degree viewing device to screen persons before allowing entry, and remain locked at all times except for emergencies and deliveries. They are a minimum 1 3/4 inch thick, with reinforced strike plate attached to the door with minimum four (4) and maximum six (6) three (3) inch screws that penetrate through the frame into the structure. There is a minimum one (1) inch deadbolt on all exterior doors. Deadbolts contain a cylinder guard to prohibit twisting of the lock with a

- 6 - Harter Marketplace Security Plan
wrench or pliers. Deadbolt locks have an exterior metal guard plate covering the deadbolt area to reduce tampering or cutting of the locking mechanism Door hinges are either welded or pinned. Cut sheets can be provided by request.

The side door has a ¾” bolt, but it has a “smart” latch. This latch is designed to change shape due to external forces.

Height markers are required on the interior doorway.

There are no windows that can be opened.

Interior shelving and displays are no higher than five feet for increased visibility.

Loading and other outdoor areas are free of hiding places.

Trees are of a type that retain a thin trunk as they grow and mature, and are of a type that retain an open canopy to allow light in from above.

ATM are placed within easy view and not in blind or hiding spots, and the area is well lit.

Businesses are identified by wall signs for those parking in the rear.

If required, bus stop benches have separators/armrests, so they are used for sitting only.

Walkways and landscaping direct visitors to the proper entrance and away from private areas.

Access to the roof is internal and located in the back room away from customer areas.

BP WEST COAST PRODUCTS, LLC
ARCO
bp

NWC COLUSA HIGHWAY
@ HARTER PARKWAY

YUBA CITY, CALIFORNIA
FACILITY #TBD
21230
-
-

RETAIL DEVELOPMENT

EQUIPMENT FLOOR PLAN

EQUIPMENT

FLOOR PLAN
Q1.1

C-STORE
900 S.F.

STORAGE
4,680 S.F.

Preliminary Not For Construction NOT FOR

CONSTRUCTION

PLAN

CANOPY SLAB
CA1.1
CANOPY SLAB PLAN - 6,050 S.F.

BP WEST COAST PRODUCTS, LLC
ARCO
bp

NWC COLUSA HIGHWAY
@ HARTER PARKWAY

YUBA CITY, CALIFORNIA
FACILITY #TBD
21230
-
-

RETAIL DEVELOPMENT
Preliminary Not For Construction

TRASH/ WINDSHIELD CADDY

NOT FOR

CONSTRUCTION

ATTACHMENT 7

1 CITY OF YUBA CITY

CONDITIONS OF APPROVAL
USE PERMIT 22-04
JULY 26, 2023

ARCO STORE AND CARWASH
APN: 62-310-016 [PIN 052310016000]

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 the use permit 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 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 use permit, 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 use permit.

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, damages and costs (including attorney's fees, litigation expenses and administrative

2 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. The site design shall be designed in conformance with the Site Plan, dated May 26, 2023, as appropriate, and as approved by the Planning Commission.

3. The development and operation of the project shall comply with all CEQA mitigation measures identified in Environmental Assessment 22-19, dated July 26, 2023, and all previously applicable environmental documents that pertain to the project.

4. 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.

3 • The Developer or Representative shall obtain an Encroachment Permit from the City prior to performing any work within public rights of way.

5. If determined necessary by the Development Services Director to address the impacts of vagrancy, the City may require nighttime security be provided at the operator’s expense.

6. The conditions as set forth for Tentative Parcel Map (TPM) 19-03 which were approved by the Yuba City Planning Commission on April 28, 2021 shall be applicable to this proposed Use Permit (UP) 22-04, or as approved by the Public Works Director.

7. The Parcel Map for Harter Marketplace or an approved Lot Line Adjustment (LLA) is to be recorded prior to the issuance of a Building Permit for vertical construction, or as approved by the Development Services Director.

8. The fuel canopy pillars shall be wrapped in a decorative architectural material up to at least 8 feet, or as approved by the Development Services Director.

9. A three-foot high barrier of masonry, earth berm or vegetation screening shall be installed along the drive-thru to improve aesthetics from the public right of way and to prevent head light “spill-over” onto Harter Parkway. Masonry, earth berm, or vegetation screening shall not exceed thirty-inches in height within sight distance triangles at project entryways along Harter Parkway.

10. All utility/mechanical equipment shall be screened from the public right of way.

11. All queuing of vehicles must be maintained onsite. There shall be no stacking and/or queuing of vehicles entering the facility and/or waiting to access the car wash drive– thru and/or vacuum areas in the public right-of-way. “Public right of way” includes but is not limited to; Harter Marketplace Way and Harter Parkway. Operational mechanisms are to be put in place to avoid any impacts to the public right-of-way.

Effective changes shall be implemented within 24 hours of notification by the City or result in reconsideration of the Use Permit by the Planning Commission.

12. Prior to the issuance of a certificate of occupancy, all reduced pressure backflow preventers shall be tested and a backflow preventer certification performed by an AWWA licensed tester shall be submitted to the Public Works Department.

13. The Developer shall place, within the property boundary, an in-line separator on the storm drain line prior to the point of connection to the storm drain line in the City rightof-way. Property owner shall be responsible for all maintenance of the system.

14. A 10.0-foot wide public utility easement shall be provided along the street frontages of Harter Marketplace Way.

15. Prior to issuance of certificate of occupancy, all underground utilities, public improvements, and site improvements, shall be completed.

16. Implement all Special Event mitigation measures identified in the Focused Site Access and Circulation Assessment Plan for Harter Parkway Retail Center, by Flecker Associates, dated April 6, 2023, as necessary for special events or as directed by the City to aid onsite traffic management.

4 17. Incorporate all traffic calming measures identified for the north and south driveway accesses in the Focused Site Access and Circulation Assessment Plan for Harter Parkway Retail Center, by Flecker Associates, dated April 6, 2023, or as approved by the Public Works Director.

MITIGATION MEASURES
Impact Mitigation Measure Responsible
Party
Monitoring
Party Timing

3.3 Air
Quality
Air Quality Addendum MM: The Harter
Specific Plan identified Mitigation Measures
MM 4.2-1, MM4.2-2, MM4.2-3, and MM 4.2-

5. No additional or new mitigation measures
are required as a result of the proposed
modifications to the project. Those
mitigations are as follows:

Air Quality Mitigation Measure 1:

Implement the following measures to reduce
PM10 and fugitive dust during construction:
a. Prior to final occupancy, reestablish
ground cover on construction site
through seeding and watering.
b. All grading operations shall be subject to
the FRAQMD Fugitive Dust Mitigation
Control Plan, which is intended to
control dust from becoming air borne
and also leaving the project site.
c. Incorporate the use of non-toxic soil
stabilizers according to manufacturer’s
specifications to all inactive construction
areas.
d. Provide temporary traffic control as
needed during all phases of construction
to improve traffic flow, as deemed
appropriate by the Yuba City
Department of Public Works and/or
Caltrans.
e. Construction activities shall minimize
disruptions to traffic flow during peak
hours to the greatest feasible extent.
f. Construction sites shall be watered as
directed by the Yuba City Department of
Public Works or FRAQMD.
g. All trucks hauling dirt, sand, soil, or other
loose material shall be covered or shall
maintain at least two feet of freeboard
(i.e., minimum vertical distance between
Developer Public Works
Dept.,
Development
Services
Dept.

During
construction
phase.

5 top of load and top of the trailer walls) in
accordance with the requirements of
California Vehicle Code section 23114.

This provision shall be enforced by local
law enforcement agencies.
h. Paved streets shall be swept (water
sweeper with reclaimed water
recommended) at the end of each day if
substantial volumes of soil material have
been carried onto adjacent paved, public
roads from the project site.
i. Wheel washers shall be installed where
project vehicles and/or equipment exit
onto paved streets from unpaved roads.

Air Quality Mitigation Measure 2: To
reduce exhaust emissions during
construction, all construction contracts shall
include the following heavy-duty off-road
equipment requirements to reduce ROG and
NOX emissions:
a. The prime contractor shall submit to the
FRAQMD for approval an Off-road
Construction Equipment Emission
Reduction Plan prior to groundbreaking
demonstrating that heavy-duty (>50
horsepower) off-road vehicles to be
used in the construction project, and
operated by either the prime contractor
or by any subcontractor, will achieve a
fleet-averaged 20 percent NOX
reduction and a 45 percent particulate
reduction compared to the most recent
CARB fleet average; and prime
contractor shall ensure that emissions
from all off-road diesel-powered
equipment on the project site do not
exceed 40 percent opacity, pursuant to
EPA Method 9 for reading visible
emissions, for more than three minutes
in any one hour. Any equipment found
to exceed the 40 percent opacity shall
be repaired immediately, and the
FRAQMD shall be notified within 48
hours of identification of non-compliant
equipment. A visual survey of all in-
operation equipment shall be made at
least weekly, and a monthly summary of
the visual survey results shall be
submitted throughout the duration of the
project, except that the monthly
summary shall not be required for any

6 30-day period in which no construction
activity occurs. The monthly summary
shall include the quantity and type of
vehicles surveyed as well as the dates
of each survey. The FRAQMD and/or
other officials may conduct periodic site
inspections to determine compliance.

Nothing in this measure shall supersede
other FRAQMD regulations.

Air Quality Mitigation Measure 3:
a. Promote alternative forms of
transportation through the following
measures: – The Specific Plan shall include bus
turnouts, passenger benches, and
all-weather shelters at transit access
points where deemed appropriate by
the Yuba-Sutter Transit Authority.
– Provide for, or contribute to,
dedication of land for on-site bicycle
trails linking the project to designated
bicycle commuting routes in
accordance with the Yuba- Sutter
Bikeways Master Plan (Fehr and
Peers 1995).
– The Specific Plan shall provide for
on-site pedestrian enhancing
infrastructure that includes where
feasible: sidewalks and pedestrian
paths; direct pedestrian connections;
street trees to shade sidewalks;
pedestrian safety
designs/infrastructure; street
lighting; and/or pedestrian
signalization and signage.
– Integrate each development within
the Harter Specific Plan area (e.g.,
Yuba City Marketplace) with
pedestrian paths.
– Provide dispersed secure bicycle
parking for short-term (for shopper’s
bike racks would suffice) and long-
term (for employee’s bike lockers, or
some type of all- weather and secure
facility would suffice) parking.
– The project shall fund bike sensitive
magnetic loops at all signalized
intersections, or surveillance
cameras that will trigger signals to

7 allow cyclists to safely proceed.

Loops and cameras are relevant to
periods of the day when vehicle
traffic is not abundant enough to
trigger dedicated magnetic loops in
the vehicle travel lanes and would
allow cyclists to proceed through an
intersection without having to wait for
an automobile to arrive.
– Provide preferential parking spaces
for carpools and vanpools.
b. Equip residential structures with electric
outlets in the front and rear of the
structure to facilitate the use of electric
lawn and garden equipment.
c. Increase energy efficiency of buildings
beyond Title 24 requirements by using of
high-albedo (low-absorptive) coatings on
all roofs and building surfaces. This
reflective surface decreases energy
consumption for cooling purposes.

Air Quality Mitigation Measure 5: All diesel
trucks delivering merchandise to companies
shall minimize idling time to 5 minutes or less.

Signs should be posted at high visibility points
around the facility where delivery trucks
congregate (e.g., loading docks). Signs shall
be made of all-weather materials, shall be
reflective, and shall be printed in normal
prints as well as “mirror image” in order to be
read in rear-view and side-view mirrors as a
truck driver backs into a bay.

The facility management shall be responsible
for ensuring enforcement of the idling
requirement and shall train loading and
docking warehouse employees to enforce the
measure.

Loading docks shall incorporate electric
hook-ups that will assist in reducing TOCs
associated with idling trucks.

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:

Developer, Public Works
Dept.,
Development
Services
Dept.

During
construction
phase.

8 1. Identify and evaluate paleontological
resources by intense field survey
where impacts are considered high;

2. Assess effects on identified sites;

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

4. Obtain comments from the
researchers;

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

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

3.8. Greenho
use
Gases
Greenhouse Gas Mitigation 1: The site
grading and construction of the self-storage
facility shall comply with the GHG Reduction
Measures provided in the adopted Yuba City
Resource Efficiency Plan.

Developer Development
Services
Dept.

Prior to
issuance of
building
permits.

3.9 Hazards
and
Hazardo
us
Material
s
Hazardous Materials Mitigation Measure
1: Implementation of the Zone 6 Resolution
will mitigate potential impacts.

Hazardous Materials Mitigation Measure
2: Though not the responsibility of the Harter
Specific Plan or Yuba City Marketplace
project applicants, the City of Yuba City will
be required to prepare a drainage
infrastructure report that addresses future
development impacts relative to drainage
infrastructure and will be required to mitigate
this impact. To pay for this infrastructure, the
City will have to collect impact fees from
future development. As the Harter Specific
Plan development and the Yuba City
Marketplace project are online to pay their
Developer Development
Services
Dept.

Prior to
issuance of
building
permits.

9 pro-rata share for improvements to
downstream drainage infrastructure through
the Zone 6 district, it should not be necessary
that the Harter Specific Plan and Yuba City
Marketplace projects pay the cumulative
impact fees the City may require of future
development.

3.10 Hydrolo
gy and
Water
Quality
Water Quality Mitigation Measure 1:

Implementation of the Zone 6 Resolution will
mitigate potential impacts.

Water Quality Mitigation Measure 2:

Though not the responsibility of the Harter
Specific Plan or Yuba City Marketplace
project applicants, the City of Yuba City will
be required to prepare a drainage
infrastructure report that addresses future
development impacts relative to drainage
infrastructure and will be required to mitigate
this impact. To pay for this infrastructure, the
City will have to collect impact fees from
future development. As the Harter Specific
Plan development and the Yuba City
Marketplace project are online to pay their
pro-rata share for improvements to
downstream drainage infrastructure through
the Zone 6 district, it should not be necessary
that the Harter Specific Plan and Yuba City
Marketplace projects pay the cumulative
impact fees the City may require of future
development.

Developer, Public Works
Dept.

During
construction
phase.

3.17 Transpo
rtation/T
raffic
Traffic Mitigation Measure 1: Signalize the
Butte House Road/Tharp Road intersection
when traffic signal warrants are met. With this
level of improvement, the intersection will
operate at LOS B (average delay 13.5 sec).

This improvement is included in the City of
Yuba City Traffic Fee program, and
applicable costs should be credited to the
developer if the improvement is installed with
the project.

Install a traffic signal at the Poole
Boulevard/Tharp Road intersection when
traffic signal warrants are met with standard
City of Yuba City intersection improvements
(i.e., left turn lanes). With this improvement
the intersection will operate at LOS C
(average delay 24.9 sec).

Developer, Public Works
Dept.

During
construction
phase.

10 Prior to occupancy, install the auxiliary lanes
noted in the table below at the Yuba City
Marketplace main entry/Harter Road
intersection:

Approach Total
Lanes Description
Northbound5 Dual left turns (2),
through (2), right
turn (1)
Southbound3 Left turn (1),
through (1),
through+ right
turn (1)
Eastbound2 Left turn+through
(1), right turn (1)
Westboun d3 Left turn (1), left
turn+through (1),
right turn (1)
Traffic Mitigation Measure 2:

1. Signalize the Butte House Road/Harter
Road intersection and realign this
intersection per city requirements. With
signalization, the intersection would
operate at LOS A (average delay 9.7
sec).

2. A traffic signal and elements of the
improvements ultimately planned for
Harter Road, as part of the overall Harter
Specific Plan would be required to deliver
LOS C or better conditions. When traffic
signal warrants are met, signalize the
Yuba City Marketplace main entry/Harter
Road intersection, and install the
following improvements at the
intersection:

Approach Total
Lanes Description
Northbound3 Left turn (1),
through (1), right
turn (1)
Southbound2 Left turn (1),
through+ right
turn (1)
Eastbound1 Left+through+righ t turn (1)
Westbound2 Left turn (1),

11 through+right turn
(1)
It should be noted that Mitigation Measure

4.7-2 has been implemented. The Harter
Pky / Butte House Road intersection has
been improved since the original EIR
certification. All the listed improvements
that are part of the mitigation have been
installed with the exception of those
relating to the north leg of the intersection.

Traffic Mitigation Measure 3: The
applicant shall design the bike facilities
within the Harter Specific Plan area and
within the Yuba City Marketplace project
based on the recommendations ofa
qualified transportation engineer with
experience in designing bicycle
infrastructure. Traffic Mitigation Measure 4.2
-3 (b)
[From Air Quality]
b. Promote alternative forms of
transportation through the following
measures:
(i) The Specific Plan shall include bus
turnouts, passenger benches, and
all-weather shelters at transit access
points were deemed appropriate by
the Yuba-Sutter Transit Authority.
(ii) Provide for, or contribute to,
dedication of land for on-site bicycle
trails linking the project to
designated bicycle commuting
routes in accordance with the Yuba-
Sutter Bikeways Master Plan (Fehr
and Peers 1995).
(iii) The Specific Plan shall provide for
on-site pedestrian enhancing
infrastructure that includes where
feasible: sidewalks and pedestrian
paths; direct pedestrian
connections; street trees to shade
sidewalks; pedestrian safety
designs/infrastructure; street
lighting; and/or pedestrian
signalization and signage.
(iv) Integrate each development within
the Harter Specific Plan area (e.g.,
Yuba City Marketplace) with

12 pedestrian paths.
(v) Provide dispersed secure bicycle
parking for short-term (for shopper’s
bike racks would suffice) and longterm (for employee’s bike lockers, or some type of all- weather and
secure facility would suffice)
parking.
(vi) The project shall fund bike sensitive
magnetic loops at all signalized
intersections, or surveillance
cameras that will trigger signals to
allow cyclists to safely proceed.

Loops and cameras are relevant to
periods of the day when vehicle
traffic is not abundant enough to
trigger dedicated magnetic loops in
the vehicle travel lanes and would
allow cyclists to proceed through an
intersection without having to wait
for an automobile to arrive.

3.18. Tribal
Cultural
Resourc
es
Tribal Cultural Resources Mitigation 1:

Unanticipated Discoveries: If any
suspected TCRs are discovered during
ground disturbing construction activities, all
work shall cease within 100 feet of the find, or
an agreed upon distance based on the project
area and nature of the find. A Tribal
Representative from a California Native
American Tribe that is traditionally and
culturally affiliated with a geographic area
shall be immediately notified and shall
determine if the find is a TCR (PRC 21074).

The Tribal Representative will make
recommendations for further evaluation and
treatment as necessary.

Preservation in place is the preferred
alternative under CEQA and UAIC protocols,
and every effort must be made to preserve
the resources in place, including through
project redesign. Culturally appropriate
treatment may be, but is not limited to,
processing materials for reburial, minimizing
handling of cultural objects, leaving objects in
place within the landscape, returning objects
to a location within the project area where
they will not be subject to future impacts. The
Tribe does not consider curation of TCR’s to
be appropriate or respectful and request that
materials not be permanently curated, unless
approved by the Tribe.

Developer, Public Works
Dept.,
Development
Services
Dept.

During
construction
phase

13 The contractor shall implement any
measures deemed by the CEQA lead agency
to be necessary and feasible to preserve in
place, avoid, or minimize impacts to the
resource, including but limited to, facilitating
the appropriate tribal treatment of the find, as
necessary. Treatment that preserves or
restores the cultural character and integrity of
a Tribal Cultural Resource may include Tribal
monitoring, culturally appropriate recovery of
cultural objects, and reburial of cultural
objects or cultural soil.

Work at the discovery location cannot resume
until all necessary investigation and
evaluation of the discovery undSer the
requirements of CEQA, including AB 523 has
been satisfied.

CITY OF YUBA CITY
Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner

CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Manager’s Report

CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Council Reports
- Councilmember Boomgaarden
- Councilmember Pasquale
- Councilmember Shaw
- Vice Mayor Harris
- Mayor Kirchner
Adjournment