Yuba City City Council
March 5, 2024

EXHIBIT B

1 CITY OF YUBA CITY

CONDITIONS OF APPROVAL
TENTATIVE SUBDIVISION MAP 23-02
January 24, 2024
West Railroad Village
APN: 055-240-002

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

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

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

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

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

CONDITIONS OF APPROVAL

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

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

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

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

2. The lot design on the subdivision maps shall be designed in conformance with the TSM 23-02, as appropriate with the attached West Railroad Development Standards, 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 23-07 dated January 4, 2024.

4. All City adopted Development Impact Fees and other applicable fees shall be paid pursuant to the Yuba City Municipal Code. These fees include, but are not limited to:

3 a. Applicable Yuba-Sutter Transit Impact Fees;
b. BSMP and associated EIR reimbursement fees;
c. Applicable BSMP Infrastructure fees (signalized intersections, enhanced pedestrian intersection at Bogue/Railroad, etc) fees;
d. BSMP park fees;
e. Any other applicable fees in effect at time of development.

Fees are to be determined prior to filing the final map, or as determined by the Public Works Director.

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

6. To limit visibility, provide privacy and to minimize conflicting views of adjacent properties, Tentative Subdivision Map 23-02, is restricted as follows:
a. Village 1 - Lots 1 through 7, lot 12, Lot 13, and Village 2 - Lots 1 and 2 are to be restricted to single-story construction or any back-facing windowsills on the upper floor of a two-story residence are to be a minimum of 6.0 feet above the floor, and additionally, shall not establish balconies, or as otherwise approved by the Development Services Director.

7. Village 1 - Lot 1, along Railroad Avenue, shall be constructed with a six-foot high solid wall (i.e. masonry, concrete, proto II, brick), with pilasters at each end. At the entrance to the subdivision, the block wall shall be “stepped down” in a decorative manner that is acceptable to the Public Works Director.

8. At minimum, a new 6-foot-tall, residential wood fence shall be established along the common property boundary with adjacent developed lots to ensure a cohesive aesthetic look.

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

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

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

The City will only perform the necessary testing to assure compliance.

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

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

4 PRIOR TO ISSUANCE OF A GRADING PERMIT

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

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

PRIOR TO APPROVAL OF THE IMPROVEMENT PLANS

16. Obtain all necessary approvals from City, State, and Federal agencies, utilities and other effected parties that are required for the project including, but not limited to, the preparation of drawings, studies, reports and permit applications, and payment of fees. Prior to City approval of the Improvement Plans, the Developer shall provide evidence, to the satisfaction of the Public Works Department, that all such obligations have been met.

17. The Developer shall submit to the City a proposed phased infrastructure improvement plan that coordinates with the BSMP, the project DA, and the proposed parcels to be developed. The plan should identify needed infrastructure, (including water, sewer, and stormwater drainage), fencing, and landscaping, and the plan should also consider traffic impacts and site access by phases. The subdivision, and associated improvements, shall conform to all stormwater MS4 requirements. All mitigation measures associated with the project are to be met. The City reserves the right for final determination of configuration of proposed infrastructure.

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

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

19. The Developer shall dedicate right-of-way to the City as follows, or as approved by the Public Works Director:
a. Railroad Avenue (west of center line):
i. Lot 1 shall have right-of-way dedicated to a width of 53.5 feet (centerline to back of new 6.0-foot-high solid wall), including a 12.0- foot PUE along the sidewalk with 2.0-foot located underneath the sidewalk.
ii. Lot 16 shall have right-of-way dedicated to a width of 38.0 feet (centerline to 0.5 feet back of sidewalk), including a 12.0-foot PUE along the sidewalk with 2.0-foot located underneath the sidewalk. b. Interior residential streets (Halprin Ranch Drive, Sarbjit Way, and Thiara Way):
i. Right-of-way shall be dedicated to a width of 38.0 feet together with a

19.5-foot PSE behind the right-of-way. A 12.0-foot-wide PUE shall be

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

20. The Developer shall construct frontage improvements to City standards as follows, or as approved by the Public Works Director:
a. Railroad Avenue:
i. 30.0-foot-wide asphalt road section – centerline of Railroad Avenue to west lip of gutter; reduced as required to protect the existing power pole at Lot 16 in a manner acceptable to the Public Works Director. ii. 2.5-foot-wide barrier curb and gutter.
iii. 6.0-foot-wide planter strip on Lot 1; expanded as required to protect the existing power pole at Lot 16 in a manner acceptable to the Public Works Director.
iv. 5.0-foot minimum width detached sidewalk on Lot 1 and 5.0-foot minimum width attached sidewalk on Lot 16; widen as required to protect the existing power pole in place acceptable to the Public Work Director.
v. Landscaping and irrigation between the sidewalk, solid wall, and parkway strip.
vi. 6.0-foot-high solid wall (i.e. concrete, masonry block, brick, proto II) (Lot 1 only)
vii. Streetlight(s);
viii. Fire hydrant(s);
ix. Storm drainage facilities;
x. Roadway striping;
xi. Roadway signage;
xii. Relocation of the existing air release valve to a location acceptable to the Public Works Director.
b. Interior residential streets (Halprin Ranch Drive, Sarbjit Way, and Thiara Way):
i. Streets shall be designed/constructed to a width of 37.0 feet back of curb to back of curb with parking permitted on both sides. Frontage improvements shall include street section, curb, gutter, 6.0-foot-wide landscape parkway strip (measured from back of curb) [parkway strip along Kourdoni’s property up to 6.0 feet; no sidewalk along Kourdoni’s property], 4.0-foot-wide sidewalk, street trees, and streetlights.

1. The landscape plan for the front yard, including the area between the sidewalk and curb, shall be handled by each individual lot improvement. The irrigation system shall be designed to accommodate the street tree and shall meet the City’s Model Water Efficient Landscape Ordinance.

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

3. The only hard surface (concrete or pavers) that can be placed in the street planter area other than the standard driveway

6 serving the residence is 18” wide strips to accommodate the wheel path of vehicles unless authorized/approved by the Public Works Director.

21. At the existing power poles along Railroad Avenue:
a. At Lot 16 of Village 1; pole is to be adjusted in accordance with the City’s Underground Policy or as accepted by the Public Works Director. b. At Halprin Ranch Drive; pole is to be relocated behind the curb to a location acceptable to the Public Works Director.

22. The development shall comply with the Bogue-Stewart Master Plan Master Drainage Plan or as approved by the Public Works Director.

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

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

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

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

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

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

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

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

PRIOR TO ACCEPTANCE OF THE PUBLIC IMPROVEMENTS

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

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

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

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

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

35. The development shall be serviced with underground utilities (including electrical, and communications). No overhead utilities will be permitted.

36. The existing utility poles along the property frontage shall be placed underground, or addressed in accordance with the City’s Overhead Utility Policy adopted March 17, 2020. The total lineal foot length of overhead lines is determined to be 200 lineal feet or as otherwise determined by the Public Works Director.

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

PRIOR TO FINAL MAP RECORDATION

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

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

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

PRIOR TO ISSUANCE OF A BUILDING PERMIT

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

PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY

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

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

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

10 City of Yuba City

MITIGATION MEASURE AND REPORTING PLAN
For West Railroad Village Subdivision
Initial Study and Mitigated Negative Declaration EA 23-07 For Tentative Subdivision Map 23-02
Note: The majority of the mitigations that follow are those mitigations from the Bogue-Stewart Master Plan EIR that were determined to be relevant to this subdivision. For reference purposes their original numbering was carried forward to the Initial Study and this MMRP.

Impact Mitigation Measure Responsible
Party
Monitoring
Party Timing

3.3 Air Quality Mitigation Measure 3.3-1(a):

Fugitive Dust Control Plan
During the construction of the
BSMP, individual project
applicants shall submit to
FRAQMD a Fugitive Dust Control
Plan with the following mitigation
measures to be implemented:
a) All grading operations on a
project shall be suspended
when sustained winds
exceed 20 miles per hour
(mph) or when winds carry
dust beyond the property line
despite implementation of all
feasible dust control
measures;
b) Construction sites shall be
watered as directed by the
FRAQMD and as necessary
to prevent fugitive dust
violations;
c) An operational water truck
shall be on-site at all times.

Water shall be applied to
control dust as needed to
prevent visible emissions
violations and off-site dust
impacts;
d) On-site dirt piles or other
stockpiled particulate matter
shall be covered, wind
breaks installed, and water
and/or soil stabilizers
employed to reduce windblow dust emissions. The use
of approved nontoxic soil
stabilizers shall be
Developer FRAQMD Prior to
issuance of
grading
permit

11 incorporated according to
manufacturers’ specifications
to all inactive construction
areas;
e) All transfer processes
involving a free fall of soil or
other particulate matter shall
be operated in such a
manner as to minimize the
free fall distance and fugitive
dust emissions;
f) Approved chemical soil
stabilizers shall be applied
according to the
manufacturers’ specifications
to all inactive construction
areas (previously graded
areas that remain inactive for
96 hours), including unpaved
roads and employee/
equipment parking areas;
g) To prevent track-out, wheel
washers shall be installed
where project vehicles and/or
equipment exit onto paved
streets from unpaved roads.

Vehicles and/or equipment
shall be washed before each
trip. Alternatively, a gravel
bed may be installed as
appropriate at
vehicle/equipment site exit
points to effectively remove
soil buildup on tires and
tracks and prevent/diminish
track-out;
h) Paved streets shall be swept
frequently (water sweeper
with reclaimed water
recommended; wet broom
permitted) if soil material has
been carried onto adjacent
paved, public thoroughfares
from the project site;
i) Temporary traffic control
shall be provided as needed
during all phases of
construction to improve traffic
flow, as deemed appropriate
by the appropriate
department of public works
and/or California Department
of Transportation (Caltrans),
and to reduce vehicle dust

12 emissions. An effective
measure is to enforce vehicle
traffic speeds at or below 15
mph;
j) Traffic speeds on all unpaved
surfaces shall be reduced to
15 mph or less, and
unnecessary vehicle traffic
shall be reduced by
restricting access.

Appropriate training to truck
and equipment drivers, on-
site enforcement, and
signage shall be provided;
k) Ground cover shall be
reestablished on the
construction site as soon as
possible and before final
occupancy through seeding
and watering; and
l) Open burning shall be
prohibited at the project site.

No open burning of
vegetative waste (natural
plant growth wastes) or other
legal or illegal burn materials
(e.g., trash, demolition
debris) may be conducted at
the project site. Vegetative
wastes shall be chipped or
delivered to waste-to-energy
facilities (permitted biomass
facilities), mulched,
composted, or used for
firewood. It is unlawful to haul
waste materials off-site for
disposal by open burning.

Mitigation Measure 3.3-1(b):

Control Exhaust Emissions
Construction equipment exhaust
emissions shall not exceed
FRAQMD Regulation III, Rule 3.0,
Visible Emissions Limitations (40
percent opacity or Ringelmann

2.0). Operators of vehicles and
equipment found to exceed
opacity limits shall take action to
repair the equipment within 72
hours or remove the equipment
from service. Failure to comply
may result in a notice of violation
from FRAQMD.

13 Mitigation Measure 3.3-1(c):

Limit Equipment Idling
Construction contracts within the
BSMP shall limit idling time to 5
minutes in accordance with ARB
airborne air toxic control measure
13 (CCR Chapter 10 Section
2485) unless more time is
required per engine
manufacturers’ specifications or
for safety reason.

Mitigation Measure 3.3-1(d):

Equipment Registration
Portable engines and portable
engine-driven equipment units
used by construction contractors
within the BSMP site, with the
exception of on-road and off-road
motor vehicles, may require ARB
Portable Equipment Registration
with the state or a local district
permit. The owner/operator of the
equipment shall be responsible
for arranging appropriate
consultations with ARB or the
FRAQMD to determine
registration and permitting
requirements before the
equipment is operated at the site.

Mitigation Measure 3.3-1(e):

Equipment Emissions Plan
During the construction of the
BSMP, individual project
applicants shall assemble a
comprehensive inventory list (i.e.,
make, model, engine year,
horsepower, emission rates) of all
heavy-duty off-road (portable and
mobile) equipment (50
horsepower and greater) that will
be used an aggregate of 40 or
more hours for a construction
project. Applicants shall provide a
plan for approval by FRAQMD
demonstrating that the heavy-
duty (equal to or greater than 50
horsepower) off-road equipment
to be used for construction,
including owned, leased, and
subcontractor vehicles, will
achieve a project-wide fleet-
average 20 percent NOx
reduction and 45 percent
particulate reduction compared to

14 the most recent ARB fleet
average at the time of
construction.

These equipment emission
reductions can be demonstrated
using the most recent version of
the Construction Mitigation
Calculator developed by the
SMAQMD. Acceptable options
for reducing emissions may
include use of late-model
engines, low emission diesel
products, alternative fuels,
engine retrofit technology (Carl
Moyer Guidelines), after-
treatment products, voluntary off-
site mitigation projects, the
provision of funds for air district
off-site mitigation projects, and/or
other options as they become
available. In addition,
implementation of these
measures would also result in a 5
percent reduction in ROG
emissions from heavy-duty diesel
equipment. FRAQMD shall be
contacted to discuss alternative
measures.

Mitigation Measure 3.3-2:

Implement Operational
Mitigation Measures
The project applicant(s) for
tentative subdivision maps and
development projects proposed
under the BSMP shall implement
the mitigation measures, as
applicable to the proposed
subdivision map or development
project. At the time entitlements
are sought, the City will evaluate
measures below, determine
which measures are applicable,
and include those measures as
conditions of approval or some
other enforceable mechanism. All
feasible measures listed below
shall be incorporated into
subdivision maps and
development projects within the
BSMP.
a) Subdivision maps and
development projects located
in areas designated
Community Commercial,
Neighborhood Commercial,

15 Office Park, and Business
Park shall be developed in
coordination with local transit
providers to ensure proper
placement and design of
transit stops and
accommodate public transit
for both employees and
patrons.
b) Subdivision maps and
improvement plans shall be
designed to provide
convenient and safe bicycle,
pedestrian, and transit
access between
neighborhoods and areas
designated Community
Commercial, Neighborhood
Commercial, Office Park, and
Business Park, as well as
parks, trails, and other
destinations.
c) Subdivision maps and
development projects within
Community Commercial and
Neighborhood Commercial
areas shall distribute
proposed parking and not
concentrate parking
exclusively between the front
building façade and the
primary abutting street where
feasible.
d) Cul-de-sacs are allowed only
where they would not create
a barrier for pedestrian and
bicycle access or circulation
between homes and
destinations.
e) Employment generating
projects that anticipate more
than 50 full-time equivalent
employees shall participate
in the Yuba-Sutter
Transportation Management
Association.
f) Subdivision maps and
improvement plans shall be
designed to accommodate
safe and frequent pedestrian
crosswalks, with more
frequent crossings in areas
expected to have higher
pedestrian traffic, such as

16 schools, parks, trail
connections, higher-density
residential areas, and areas
with retail, services, office
uses, and other non-
residential uses.
g) Subdivision maps and
improvement plans shall be
designed to discourage
concentration of traffic at a
few intersections. Multiple
points of access shall be
provided whenever feasible.

Roads shall be arranged in
an interconnected block
pattern. The maximum
average block length in
subdivisions is 600 feet
unless unusual existing
physical conditions warrant
an exception to this standard,
but shorter block lengths
should be used around areas
designated Community
Commercial and
Neighborhood Commercial.
h) Subdivision maps and
improvement plans shall be
designed to connect with
adjacent roadways and
stubbed roads and shall
provide frequent stubbed
roadways in coordination
with future planned
development areas.
i) Subdivision maps and
development projects within
Community Commercial and
Neighborhood Commercial
areas shall be designed to
minimize the amount of on-
site land required to meet
parking, internal circulation,
and delivery/loading needs.
j) Subdivision maps and
development projects within
Community Commercial and
Neighborhood Commercial
areas shall be designed to
break up any proposed
surface parking with
landscaping and provide
pedestrian routes from

17 parking areas to building
entrances.
k) The City will reduce the
amount of off-street parking
required or eliminate off-
street parking requirements
for projects that propose
housing units restricted to
lower-, very low-, or
extremely low-income
households.
l) Residential subdivision maps
shall orient the majority of
buildings so that the longer
axis of the building, also
known as the ridge line, is
oriented east-to-west, in
order to maximize the
potential for passive solar
heating in the winter and to
minimize heat gain from the
afternoon summer sun.
m) Subdivision maps and
development projects
proposing off-street surface
parking lots shall incorporate
shade trees or shade
structures to provide a
minimum of 50 percent
shading (at maturity, where
trees are used).
n) Subdivision maps and
development projects shall
use climate-appropriate
landscaping in parks and
open space, landscaping
within new rights of way,
yards, and other appropriate
spaces.
o) Provide secure, covered
bicycle parking for
employees of projects
located in areas designated
Community Commercial,
Neighborhood Commercial,
Office Park, and Business
Park. This may consist of a
separate secure, covered
bicycle parking area at each
employment location or
larger shared bicycle
parking area/s located and

18 designed to serve multiple
locations.
p) Shower and locker facilities
shall be provided for
employees of projects
located in areas designated
Community Commercial,
Neighborhood Commercial,
Office Park, and Business
Park. This may be achieved
by incorporating a shower
and locker facility into the
design of each proposed
use, or facilities located and
designed to serve multiple
locations.
q) Residential development
that proposes fireplaces
shall use the lowest emitting
commercially available
fireplace.
r) Provide electric vehicle
charging facilities and
priority parking at nonresidential uses for electric
and carpool/vanpool
vehicles.

3.4 Biological
Resources
Mitigation Measure 3.4-1:

Protection of Jurisdictional
Waters and Wetlands
a) Prior to grading activities, the
City shall require the project
applicant [for an individual
project pursuant to the
BSMP] to prepare a formal
aquatic resources delineation
in accordance with the
USACE Minimum Standards
for Acceptance of Aquatic
Resources Delineation
Reports1 for all areas of the
individual development
project site to determine if
any wetlands or other waters
of the U.S. potentially subject
to Sections 401 and 404 of
the CWA exist on that site. If
no potential wetlands or other
waters of the U.S. are
identified, a report shall be
submitted to the City for its
records and no additional
Developer Development
Services
Department
Prior to
issuance of
grading
permit
.

19 measures are required. If the
formal aquatic resources
delineation identifies
potentially jurisdictional
features on an individual
project site, then measure

3.4-1(b) shall be
implemented (below). If
potential canals, streams, or
lakes are identified that may
be impacted by project
activities, mitigation 3.4-1(c)
shall also be implemented.
b) If the formal aquatic
resources delineation
identifies potentially
jurisdictional features on an
individual development
project site, then the report
shall be submitted to the
USACE for verification and
issuance of a jurisdictional
determination. If any
wetlands or waters are
determined to be under the
jurisdiction of the USACE or
the RWQCB and may be
impacted by project
development, then the
individual project applicant
shall obtain Section 404/401
permits based on the
jurisdictional determination
with the appropriate
regulatory agency for the
potentially impacted features.

During the permitting
process, mitigation measures
shall be developed as
necessary to reduce impacts
on wetlands through
avoidance, minimization
and/or compensatory
mitigation. Permanent losses
to potentially jurisdictional
wetlands and other waters of
the U.S. shall be
compensated at a minimum
1:1 ratio (or otherwise agreed
upon ratio with the USACE
and RWQCB) to achieve a no
net loss of wetlands.
c) If the individual development
project would result in
impacts to the bed and banks
of Gilsizer Slough, or other
jurisdictional water courses
with a defined bed and bank

20 as identified in an aquatic
resources delineation or
jurisdictional determination,
the City shall notify, or
require the project applicant
to notify, the CDFW. The
CDFW will determine
whether a Section 1600 Lake
and Streambed Alteration
Agreement (LSAA) is
required. If required, the
individual project applicant
shall apply for and adhere to
the conditions of the LSAA.

This action shall be
completed prior to issuance
of a grading permit or
initiation of other project
activities that may impact the
canal or other jurisdictional
water courses.

Mitigation Measure 3.4-2:

Protection of Valley Elderberry
Longhorn Beetle
a) The individual project
applicant shall engage a
qualified biologist to conduct a
survey of the construction
footprint and 165-foot buffer
around the proposed
construction footprint to
determine whether any
elderberry shrubs with stems
at least one-inch dgl are
present. If no such elderberry
shrubs are present within 165
feet of construction activities,
a report shall be submitted to
the City for its records and no
additional measures are
required.
b) If elderberry shrubs with
stems at least one-inch dgl
are present within 165 feet of
construction activities, the
following avoidance measures
shall be implemented, at
minimum, in accordance with
the VELB Impact
Assessment.

1. Fencing shall be installed
as close to the
construction limits as
feasible for shrubs
occurring within 165 feet.

21 2. In areas where work
would occur within near
proximity to elderberry
shrub, exclusion fencing
shall be established a
minimum of a 20-foot
radius around the shrubs.

3. An individual project
applicant shall engage a
qualified biologist to
provide worker
awareness training for all
contractors, work crews,
and any onsite personnel,
on the status of the VELB,
its host plant and habitat,
the need to avoid
damaging the shrubs, and
the possible penalties for
non-compliance.

4. Mechanical weed removal
within the drip-line of the
shrub shall be limited to
the season when adults
are not active (August -
February) and shall avoid
damaging the elderberry.
c) If elderberry shrubs cannot
be avoided or if indirect
effects will result in the death
of stems or entire shrubs, the
elderberry shrubs with stems
greater than one-inch dgl
shall be transplanted.

1. The individual project
applicant shall engage a
qualified biologist to
monitor the transplanting
activities.

2. Elderberry shrubs shall
be transplanted when the
shrubs are dormant
(November through
February 14) and after
they have lost their
leaves.
d) For shrubs that cannot be
avoided, the individual
project applicant shall
purchase compensatory
mitigation for impacts to
elderberry shrubs. The
appropriate type and amount
of compensatory mitigation
shall be determined through
coordination with the

22 USFWS. Appropriate
compensatory mitigation may
include purchasing credits at
a USFWS-approved
conservation bank at a
minimum 1:1 ratio, providing
onsite mitigation, and/or
establishing and/or
protecting habitat for the
valley elderberry longhorn
beetle.

Mitigation Measure 3.4-3:

Protection of Migratory Birds
and Raptors
a) Building demolition and
vegetation clearing
operations, including initial
grading and tree removal,
shall occur outside of the
nesting season (September 1
through January 31) to the
extent feasible. If vegetation
removal or building
demolition begins during the
nesting season (February 1
to August 31), the individual
project applicant shall
engage a qualified biologist
to conduct a pre-construction
survey for active nests within
a 500-foot buffer around the
individual project footprint.

The pre-construction survey
shall be conducted within 14
days prior to commencement
of ground disturbing
activities. If the pre-
construction survey shows
that there is no evidence of
active nests, then a report
shall be submitted to the City
for its records and no
additional measures are
required. If construction does
not commence within 14
days of a pre-construction
survey, or halts for more than
14 days, an additional pre-
construction survey is
required for each period of
delay.
b) If any active nests are
located within the
construction footprint –
including, but not limited to
individual project site, staging
areas, spoils sites,

23 construction access – an
appropriate buffer zone shall
be established around the
nests, as determined by the
qualified biologist based on
applicable regulatory
requirements in force at the
time of construction activity.

The biologist shall mark the
buffer zone with construction
tape or pin flags and maintain
the buffer zone until the end
of breeding season or until
the young have successfully
fledged or the nest is
determined too no longer be
active. Buffer zones are
typically 50-100 feet for
migratory bird nests and 250-
500 feet for raptor nests
(excluding Swainson’s
hawk). If active nests are
found within the vicinity of the
construction areas, the
qualified biologist shall
monitor nests weekly during
construction to evaluate
potential nesting disturbance
by construction activities. If
establishing the typical buffer
zone is impractical, the
qualified biologist shall adjust
the buffer depending on the
species and daily monitoring
would be required to ensure
that the nest is not disturbed,
and no forced fledging
occurs. This daily monitoring
shall occur until the qualified
biologist determines that the
nest is no longer occupied.

Additional Measures for
Burrowing Owl
c) Prior to any individual project
construction, the project
applicant shall engage a
qualified biologist to conduct
a habitat assessment to
determine if potential nesting
habitat is present with an
individual project area. If
potential nesting habitat is
present, nesting and
wintering season surveys for
burrowing owl shall be
conducted to determine if
potential habitat within 500
feet of ground disturbance is

24 used by this species. As
described in Table 3.4-2,
suitable burrowing owl
habitat includes the annual
grassland and agricultural
land. The timing and
methodology for the surveys
shall be conducted in
accordance with the current
CDFW Staff Report on
Burrowing Owl Mitigation
(Appendix D-3).2 A minimum
of three survey visits should
be conducted at least three
weeks apart during the peak
breeding season between
April 15 and July 15. One of
these surveys could be
conducted at the same time
as the nesting bird survey
(Mitigation Measure 3.4-3a)
should work be anticipated to
commence within 14 days
and between April 15 and
July 15. A winter survey shall
be conducted between
December 1 and January 31,
during the period when
wintering owls are most likely
to be present.
d) If an active burrowing owl
nest site/active burrow is
discovered in the vicinity of
an individual project
construction footprint –
including, but not limited to
individual project site, staging
areas, spoils sites,
construction access – the
project applicant shall notify
the City and CDFW. A
qualified biologist shall
monitor the owls and
establish a fenced exclusion
zone around each occupied
burrow. No construction
activities shall be allowed
within the exclusion buffer
zone until such time that the
burrows are determined by a
qualified biologist to be
unoccupied. The buffer
zones shall be a minimum of
150 feet from an occupied
burrow during the non-
breeding season (September
.

25 1 through January 31) and a
minimum of 250 feet from an
occupied burrow during the
breeding season (February 1
through August 31).
e) If avoidance is not feasible,
the CDFW shall be consulted
to develop and the implement
avoidance or passive
relocation methods. All
activities that will result in a
disturbance to burrows shall
be approved by the CDFW
prior to implementation.

Additional Measures for
Swainson’s Hawk
f) If construction activities are
anticipated to commence
during the Swainson’s hawk
nesting season (March 1 to
September 15), the individual
project applicant shall
engage a qualified biologist
to conduct a minimum of two
pre-construction surveys
during the recommended
survey periods in accordance
with the Recommended
Timing and Methodology for
Swainson’s Hawk Nesting
Surveys in California’s
Central Valley (Appendix D-
4).3 All potential nest trees
within 0.25 mile of the
proposed project footprint
shall be visually examined for
potential Swainson’s hawk
nests, as accessible. If no
active Swainson’s hawk
nests are identified on or
within 0.25 mile of the
proposed project, a report
documenting the survey
methodology and findings
should be submitted to the
City for its files and no
additional mitigation
measures are required.
g) If active Swainson’s hawk
nests are found within 0.25
mile of construction activities,
a survey report shall be
submitted to the CDFW and
the CNDDB, and an
avoidance and minimization

26 plan shall be provided to and
approved by the CDFW prior
to the start of construction of
the given development
proposal. The avoidance
plan shall identify measures
to avoid or minimize impacts
to the active Swainson’s
hawk nest. These measures
may include, but are not
limited to:

1. Conducting a Worker
Awareness Training
Program prior to the start
of construction;

2. Establishing a buffer
zone and work schedule
to avoid impacting the
nest during critical
periods. If practicably
feasible, no work will
occur within 200 yards of
the nest while it is in
active use. If work will
occur within 200 yards of
the nest, then construction shall be
monitored by a qualified
biologist to ensure that
no work occurs within 50
yards of the nest during
incubation or within ten
days after hatching;

3. Having a qualified
biological monitor
conduct regular
monitoring of the nest
during construction
activities; and

4. Allowing the qualified
biologist to halt
construction activities
until CDFW determines
that the construction
activities are disturbing
the nest.

Mitigation Measure 3.4-4:

Protection of Bat Species
a) The individual project
applicant shall engage a
qualified biologist to conduct
a pre-construction survey for
special-status bat species
within 14 days prior to the
start of tree or building
removal within the BSMP

27 project site. If no special-
status bats are observed
roosting, a report shall be
submitted to the City for its
records and no additional
measures are required. If
construction does not
commence or if any trees or
buildings anticipated for
removal are not removed
within 14 days of the pre-
construction survey or halts
for more than 14 days, a new
survey and reporting shall be
conducted.
b) If bats including pallid bats
are found, the qualified
biologist shall consult with
the CDFW to determine and
implement avoidance
measures. Avoidance
measures may include, but
are not limited to,
establishing a buffer around
the roost tree, or building until
it is no longer occupied or
installing exclusion material
around the tree/opening of
the building after dusk, once
the qualified biologist has
determined that the bat has
left the roost to forage. The
tree or building shall not be
removed until a biologist has
determined that the tree or
building is no longer
occupied by the bats.

Mitigation Measure 3.4-6: Rare
Plant Protection
a) The individual project
applicant shall retain a
qualified biologist to conduct
focused botanical protocol-
level surveys in the nonnative
annual grassland for dwarf
downingia (blooms March
through May) and Ferris’
mile-vetch (blooms April
through May) and in the non-
native grassland and oak
woodland for Baker’s
navarretia (blooms April
through July) and Hartweg’s
golden sunburst (blooms
March through April).

Surveys shall be conducted
during blooming periods for

28 all special-status species. (It
is noted that the blooming
periods for these plant
species overlap in the month
of April.) If no special-status
plants are observed within
the survey area, then a report
shall be submitted to the City
and no additional mitigation
is required so long as
construction commences
within two years of the
survey.
b) If Baker’s navarretia, dwarf
downingia, or Ferris’ milk-
vetch are observed within the
project site, the plants should
be avoided with a minimum
10-foot avoidance buffer with
exclusion fencing, to the
extent feasible. If these
special-status plants cannot
be avoided, a mitigation plan
shall be prepared by a
qualified botanist. At
minimum, the mitigation plan
shall include locations where
the plants will be
transplanted, success
criteria, and monitoring
activities for the transplanted
populations. The mitigation
plan shall be finalized prior to
transplantation and
commencement of
construction activities.
c) If the federal and state
endangered Hartweg’s
golden sunburst is observed,
the plants shall be avoided to
the extent feasible.

1. If the plants cannot be
avoided, the individual
project applicant shall
obtain a CESA Section
2081(b) Incidental Take
Permit. Measures to
minimize the take and to
mitigate the impacts
caused by the take shall
be set forth in one or
more conditions of the
permit. Potential
conservation measures
include, but are not
limited to, purchasing
credits from a mitigation

29 bank, establishing a
preserve, and/or
preparing a mitigation
plan.

2. If the plants cannot be
avoided and if the project
requires USFWS Section
7 consultation (i.e., would
impact a jurisdictional
wetland or water of the
U.S. requiring a Section
404 CWA permit),
consultation with the
USFWS through the
Section 7 process shall
occur to determine any
additional avoidance,
conservation, and
mitigation measures that
may be needed for the
species, if any. The
individual project
applicant is not required
to consult for impacts to
federally listed plants
without a federal nexus.

3.5 Cultural
Resources
Mitigation Measure 3.5-2(a):

Protection of Archaeological
Resources (Only if the results of
implementation of Mitigation 3.5-
2(b) necessitates its use).

Archaeological Monitoring Plan.

Prior to issuance of grading
permits or ground-disturbing
construction activity in the
Newkom Ranch and Kells East
Ranch properties, the project
applicant shall prepare and submit
an Archaeological Monitoring Plan
to the City of Yuba City for review
and approval. Monitoring shall be
required for all surface alteration
and subsurface excavation work,
including trenching, boring,
grading, use of staging areas and
access roads, and driving vehicles
and equipment. A Secretary of the
Interior-qualified professional
archaeologist (project
archaeologist) shall prepare the
plan. The plan shall address (but
not be limited to) the following
issues:
• Training program for all
construction and field
Developer Development
Services
Department
Prior to
issuance of
grading
permit

30 workers involved in site
disturbance;
• Person(s) responsible for
conducting monitoring
activities, including both
archaeological and Native
American monitors;
• How the monitoring shall be
conducted and the required
format and content of
monitoring reports, including
the need to conduct
trenching, shovel-test units,
or auger samples to identify
archaeological deposits in
advance of construction,
assessment, designation,
and mapping of the sensitive
cultural resource areas on
final project maps,
assessment, and survey of
any previously un-surveyed
areas;
• Person(s) responsible for
overseeing and directing the
monitors;
• Schedule for submittal of
monitoring reports and
person(s) responsible for
review and approval of
monitoring reports;
• Procedures and construction
methods to avoid sensitive
cultural resource areas (i.e.,
planning construction to
avoid the resource,
incorporating the resource
within open space, capping,
and covering the resource, or
deeding the site into a
permanent conservation
easement);
• Clear delineation and fencing
of sensitive cultural resource
areas;
• Physical monitoring
boundaries;
• Protocol for notifications in
case of encountering of
cultural resources, as well as
methods of dealing with the
encountered resources (e.g.,
collection, identification,
curation);

31 • Methods to ensure security of
cultural resources;
• Protocol for notifying local
authorities (i.e. Sheriff,
Police) should site looting
and other illegal activities
occur during construction.

Archaeological and Native
American Monitoring. If an intact
archaeological resource is
encountered, all soil disturbing
activities in the vicinity of the
resource shall cease until it is
evaluated. The project
archaeologist shall immediately
notify the City of Yuba City of an
encountered archaeological
resource. The project
archaeologist and Native
American monitor shall, after
making a reasonable effort to
assess the identity, integrity, and
significance of the encountered
archaeological resource, present
the findings of this assessment to
the City.

During the course of the
monitoring, the project
archaeologist and Native
American monitor may adjust the
frequency—from continuous to
intermittent—of the monitoring
based on the conditions and
professional judgment regarding
the potential to impact resources.

If the City, in consultation with the
project archaeologist and Native
American monitor, determines
that a significant archaeological
resource is present and that the
resource could be adversely
impacted by the project, the City
shall: • Determine whether
preservation in place is
feasible. Consistent with
CEQA Section 15126.4(b)(3),
this may be accomplished
through planning
construction to avoid the
resource; incorporating the
resource within open space;
capping and covering the
resource; or deeding the site
into a permanent
conservation easement.

32 • If avoidance is not feasible,
prepare and implement a
detailed Archaeological
Research Design and
Treatment Plan. Treatment of
archaeological resources will
follow the applicable
requirements of Public
Resources Code Section
21083.2. Treatment for most
resources would consist of
(but would not be limited to)
sample excavation, artifact
collection, site
documentation, and historical
research, with the aim to
target the recovery of
important scientific data
contained in the portion(s) of
the significant resource to be
impacted by the project. The
treatment plan shall include
provisions for analysis of data
in a regional context,
reporting of results within a
timely manner, curation of
artifacts and data at an
approved facility, and
dissemination of reports to
local and state repositories,
libraries, and interested
professionals.
• If potential human remains
are encountered, all work will
halt in the vicinity of the find
and the City will contact the
county coroner in accordance
with Public Resources Code
Section 5097.98 and Health
and Safety Code Section
7050.5. If the coroner
determines the remains are
Native American, the coroner
shall contact the Native
American Heritage
Commission. As provided in
Public Resources Code
Section 5097.98, the
Commission will identify the
person or persons believed to
be most likely descended
from the deceased Native
American. The most likely
descendent makes
recommendations for means
of treating, with appropriate
dignity, the human remains,
and any associated grave

33 goods as provided in Public
Resources Code Section
5097.98.

Mitigation Measure 3.5-2(b):

Protection of Historic
Archaeological Resources
When BSMP-level development
plans outside the Newkom Ranch
and Kells East Ranch properties
are submitted to the City of Yuba
City for approval, the project
applicant shall be required to
complete a cultural resources
investigation for review and
approval by the City that includes,
at a minimum:
• An updated records
search at the Northeast
Information Center;
• Updated Native American
consultation in coordination
with the Native American
Heritage Commission
• An intensive
archaeological survey of the
development area;
• A geoarchaeological
assessment for the potential
for buried archaeological
resources;
• A report that documents
the results of the
investigation; and
Recommendations for mitigation
to resolve adverse impacts to
significant archaeological
resources or human remains. The
survey shall be carried out by a
qualified archaeologist meeting
the Secretary of the Interior’s
Standards for Archaeology and
can be documented in the same
document as required in
Mitigation Measure 3.5-2(a).

3.8 Greenhouse
Gases
Mitigation Measure 3.7-1(a):

Residential Building Insulation
Prior to building construction,
individual project applicants shall
submit to the City building plans
demonstrating how all proposed
residential buildings include
greatly enhanced building
Developer Development
Services
Department
Prior to
issuance of
building
permit

34 insulation materials such as spray
foam wall insulated walls R-15 or
greater, roof/attic R-38 or higher.

The individual project applicants
shall also demonstrate how all
proposed residential buildings
include modestly enhanced
window insulation such as 0.4 UFactor or 0.32 SHGC.

3.9 Hazards and
Hazardous
Materials
Mitigation Measure 3.8-2:

Conduct Phase I
Environmental Site
Assessment
a) Prior to final project design of
any individual project
pursuant to the BSMP that
includes any earth-disturbing
activities, the applicant shall
submit to the City a Phase I
Environmental Site
Assessment (Phase I ESA).

The Phase I ESA shall be
prepared in general
accordance with ASTM
Standard E1527-13,
Standard Practice for
Environmental Site
Assessment: Phase I
Environmental Site
Assessment Process (or
most current edition that is in
force at the time of final
project design), which is the
current industry standard.

The Phase I ESA shall
include a records review of
appropriate federal, State,
and local databases within
ASTM-listed search
distances regarding
hazardous materials use,
storage, or disposal at the
given site, a review of
historical topographic maps
and aerial photographs, a
site reconnaissance,
interviews with persons
knowledgeable about the
sites historical uses, and
review of other relevant
existing information that
could identify the potential
existence of Recognized
Environmental Conditions,
including hazardous
materials, or contaminated
soil or groundwater. If no
Recognized Environmental
Developer Public Works
Department
Prior to
issuance of
grading
permit

35 Conditions are identified,
then no further action would
be required.
b) If Recognized Environmental
Conditions are identified and
the Phase I ESA
recommends further action,
the applicant shall conduct
the appropriate follow-up
actions, which may include
further records review,
sampling of potentially
hazardous materials, and
possibly site cleanup. In the
event that site cleanup is
required, the project shall not
proceed until the site has
been cleaned up to the
satisfaction of the appropriate
regulatory agency (e.g.,
DTSC, RWQCB, or SC EHD)
such that the regulatory
agency issues a No Further
Action letter or equivalent.

3.13 Noise Mitigation Measure 3.11-1:

Construction Noise Measures
Individual project applicants of
new development (excluding
renovation of existing buildings)
shall require construction
contractors to implement the
following measures during all
phases of project construction:
a) Whenever stationary noise
sources – such as generators
and compressors – are used
within line of sight to occupied
residences (on- or off-site),
temporary barriers shall be
constructed around the
source to shield the ground
floor of the noise-sensitive
uses. These barriers shall be
of ¾-inch Medium Density
Overlay (MDO) plywood
sheeting, or other material of
equivalent utility and
appearance to achieve a
Sound Transmission Class of
STC-30, or greater, based on
certified sound transmission
loss data taken according to
ASTM Test Method E90 or as
approved by the City of Yuba
City Building Official.

Developer Development
Services
Department
Prior to
issuance of
grading
permit

36 b) Construction equipment
staging areas shall be located
as far as feasible from
residential areas while still
serving the needs of
construction contractors.
c) Equipment and trucks used
for construction will use the
industry standard noise
control techniques (e.g.,
improved mufflers,
equipment redesign, use of
intake silencers, ducts,
engine enclosures, and
acoustically attenuating a
shields or shrouds, wherever
feasible).
d) Impact tools (e.g., jack
hammers, pavement
breakers, and rock drills)
used for construction shall be
hydraulically- or electrically
powered where feasible to
avoid noise associated with
compressed air exhaust from
pneumatically-powered tools.

Where use of pneumatic tools
is unavoidable, an exhaust
muffler on the compressed air
exhaust shall be used; this
muffler can lower noise levels
from the exhaust by up to
about 10 dB. External jackets
on the tools themselves shall
be used where feasible; this
could achieve a reduction of 5
dB. Quieter procedures, such
as use of drills rather than
impact tools, shall be used
whenever feasible.

3.17 Transportation
and Traffic
Mitigation Measure 3.14-1(a):

Yuba City Intersections: The
project applicant(s) shall
construct the following
improvements. The timing of the
need for these improvements will
depend on the amount of
development on the west versus
east side of SR 99, mix of land
uses, and level of background
traffic growth. The applicant shall
coordinate with City staff
regarding construction of these
improvements as individual
projects within the BSMP are
proposed. The financial
responsibility for each project
Developer Public Works
Department
Prior to
recording
final map

37 applicant shall be determined by
the City and shall be included in
each applicant’s project approval
documentation.
i. Install a traffic signal and
widen the eastbound and
southbound approaches to
provide dedicated left-turn
pockets at the Bogue
Road/South Walton Avenue
intersection (in conjunction
with lane configurations
planned under existing plus
BSMP conditions).
ii. Install a traffic signal at the
Railroad Avenue/Lincoln
Road intersection (in
conjunction with existing lane
configurations).
iii. Install a traffic signal at the
Bogue Road/Phillips Road
intersection (in conjunction
with lane configurations
planned under existing plus
BSMP conditions).
iv. Install a traffic signal at the
Bogue Road/Railroad
Avenue intersection and
widen/restripe the
northbound and southbound
approaches to provide
dedicated left-turn pockets
(in conjunction with lane
configurations planned under
existing plus BSMP
conditions).
v. Install a traffic signal at the
Gilsizer Ranch Way/Bogue
Road intersection (in
conjunction with lane
configurations planned under
existing plus BSMP
conditions).

Mitigation Measure 3.14-3:

Caltrans Intersections LOS:

The project applicant(s) shall
construct the improvements
described below. The timing of
the need for these improvements
will depend on the amount of
development on the west versus
east side of SR 99, mix of land
uses, and level of background
traffic growth. The applicant shall
coordinate with City staff and
Caltrans regarding construction

38 of these improvements as
individual projects within the
BSMP are proposed. The
financial responsibility for each
project applicant shall be
determined by the City and shall
be included in each applicant’s
project approval documentation.
i. Widen the SR 99/Bogue
Road intersection to provide
a second southbound left-
turn lane that provides 500
feet of storage in each lane.

Widen Bogue Road to
construct a second
eastbound and westbound
left-turn lane. Restripe
westbound Bogue Road
approaching SR 99 to consist
of two left-turn lanes, one
through lane, and one right-
turn lane (with the right-turn
consisting of an overlap
arrow); and
ii. Install a traffic signal at the
SR 99/Stewart Road
intersection.

Mitigation Measure 3.14-4(a):

Caltrans Intersections Queuing:

Implement Mitigation Measure

3.14-3(i), which consists of
adding a second southbound left-
turn lane at the SR 99/Bogue
Road intersection and providing
500 feet of storage in each turn
lane. To address queuing impacts
in the southbound left-turn lane
prior to the overall intersection
LOS reaching an unacceptable
level, the second left-turn lane is
necessary. The timing of the
need for these improvements will
depend on the amount of
development on the west versus
east side of SR 99, mix of land
uses, and level of background
traffic growth. The applicant shall
coordinate with City staff and
Caltrans regarding construction
of these improvements as
individual projects within the
BSMP are proposed. The
financial responsibility for each
project applicant shall be
determined by the City and shall
be included in each applicant’s
project approval documentation.

39 Mitigation Measure 3.14-7(a):

Cumulative Yuba City
Intersections
i. Implement Mitigation
Measure 3.14-1(a)(i): Install
traffic signal and add turn
lanes at the Bogue
Road/South Walton Avenue
intersection.
ii. Implement Mitigation
Measure 3.14-1(a)(iii): Install
traffic signal at the Bogue
Road/Phillips Road
intersection.
iii. Implement Mitigation
Measure 3.14-1(a)(iv): Install
a traffic signal and add turn
lanes at the Bogue
Road/Railroad Avenue
intersection.
iv. Implement Mitigation
Measure 3.14-1(a)(v): Install
traffic signal at the Gilsizer
Ranch Way/Bogue Road
intersection.
v. Contribute fair share cost for
restriping the eastbound
approach at the Garden
Highway/Bogue Road
intersection from a through
lane to a shared through/right
lane and modifying the signal
phasing to east-west split-
phase.

Mitigation Measure 3.14-9(a):

Cumulative Caltrans
Intersections LOS
i. Implement Mitigation
Measure 3.14-3(a)(i): Add
turn lanes at the SR
99/Bogue Road intersection.
ii. Implement Mitigation
Measure 3.14-3(a)(ii): Install
traffic signal at the SR 99/
Stewart Road intersection.
iii. Contribute fair share cost
for adding a second
northbound left-turn lane and
adding dedicated eastbound
and westbound right-turn
lanes at the SR 99/Bogue
Road intersection.
iv. Contribute fair share cost for
installing a traffic signal at the

40 SR 99/Hunn Road
intersection.
v. Contribute fair share cost for
installing a traffic signal at the
SR 99/Smith Road
intersection.

Mitigation Measure 3.14-10(a):

Cumulative Caltrans
Intersections Queuing (BSMP)
i. Implement Mitigation
Measure 3.14-3(a)(i), which
consists of adding a second
southbound left-turn lane at
the SR 99/Bogue Road
intersection and providing
500 feet of storage in each
turn lane.
ii. Implement Mitigation
Measure 3.14-9(a)(iii), which
consists of paying fair share
cost of adding a second
northbound left-turn lane and
dedicated eastbound and
westbound right-turn lanes at
the SR 99/Bogue Road
intersection.

3.18 Tribal
Cultural
Resources
Mitigation Measure 3.5-2(b):

Protection of Historic
Archaeological Resources:

When BSMP-level development
plans outside the Newkom Ranch
and Kells East Ranch properties
are submitted to the City of Yuba
City for approval, the project
applicant shall be required to
complete a cultural resources
investigation for review and
approval by the City that includes,
at a minimum:
• An updated records search at
the Northeast Information
Center;
• Updated Native American
consultation in coordination
with the Native American
Heritage Commission.
• An intensive archaeological
survey of the development
area;
• A geoarchaeological
assessment for the potential
Developer Development
Services
Dept.

Prior to
issuance of
grading
permit

41 for buried archaeological
resources;
• A report that documents the
results of the investigation;
and
• Recommendations for
mitigation to resolve adverse
impacts to significant
archaeological resources or
human remains.

3.19 Utilities and
Service
Systems
Mitigation Measure 3.15-1:

Water Supply Capacity
Individual project applicants shall
pay the fair share of costs for
each development’s proportion of
the water supply deficits
estimated through 2040. The
payments shall be directed to a
City fund for the construction and
operation of new groundwater
well(s) as determined by the City.

The City shall reflect the
requirement for the fair share
payment for each development in
any future development
agreement in the BSMP site, and
payment shall be made to the
City prior to final tentative map
approval and building permit.
b) The City shall construct new
groundwater well(s) to be
operable and sufficient to
serve the water supply
demands of each
development approved prior
to year 2030. The
groundwater well(s) shall be
constructed to produce
sufficient water to make up
the shortfalls in any given
single-dry year or the first
year of a multi-dry year
scenario as determined by
the City.
c) The City shall not approve a
final tentative map or building
permit for any development
pursuant to the proposed
BSMP or City beyond the
supplies available from 2030
through 2040 without a
reliable source of water
supply to meet the shortfalls
in the single-dry year or the
Developer Public Works
Department
Prior to
recording
final
subdivision
map

42 first year of a multi-dry year
scenario, as detailed above.

ATTACHMENT 3

PC 24-02
1 PLANNING COMMISSION RESOLUTION NO. PC 24-02

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF YUBA CITY (PLANNING COMMISSION) RECOMMENDING THE CITY COUNCIL OF THE CITY

OF YUBA CITY ADOPT A RESOLUTION ADOPTING ENVIRONMENTAL
ASSESSEMENT 23-07 THAT RESULTED IN A DETERMINATION OF A

MITIGATED NEGATIVE DECLARATION FOR TENTATIVE SUBDIVISION MAP (TSM) 23-02 WEST RAILROAD VILLAGE, AND APPROVING AN UNCODIFIED ORDINANCE FOR A DEVELOPMENT AGREEMENT FOR TSM 23-02, ON APPROXIMAELY 4.8 ACRES, LOCATED ON THE WEST SIDE OF RAILROAD AVENUE APPROXIMATELY 200 FEET SOUTH OF BOGUE ROAD; ASSESSORS PARCEL NUMBER 055-240-002.

WHEREAS, the City received an application from Junior Thiara for TSM 23-02 to subdivide approximately 4.8 acres into 21 duplex lots and six single-family residential lots which would be at a density of approximately 10 residences per acre, and an associated Development Agreement (collectively “Project”). All of the new residential lots will be provided full City services; and
WHEREAS, this property was recently annexed into Yuba City’s city limits and the property owner wished to develop their property to urban levels; and WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), with the City, as the Lead Agency, the Planning Commission reviewed related Environmental Assessment 23-07 which was prepared for TSM 23- 02 and this Development Agreement, resulting in a determination of a Mitigated Negative Declaration (MND) prepared for the Project, which concluded that this Project, with new mitigations as well as mitigations from the previously approved EIR for the Bogue-Stewart Master Plan (BSMP), will not generate any new significant environmental impacts not previously considered and analyzed in the BSMP EIR; and
WHEREAS, a review of the General Plan, BSMP, and Zoning Regulations determined that the proposed subdivision and development agreement are consistent with all General Plan Elements and meets all policies and programs established by the BSMP and the Zoning Regulations; and
WHEREAS, the City on January 4, 2024, published a legal notice and a public hearing notice was mailed to each property owner within at least 300 feet of the Project site in compliance with State law concerning the Planning Commission’s consideration on January 24, 2024; and WHEREAS, on January 24, 2024, the Planning Commission concurrently conducted a duly noticed public hearing on TSM 23-02 and the Development Agreement, at which time it received input from City Staff, the applicant; the public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the Planning Commission, after which public testimony was closed; and
WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission approved TSM 23-02 contingent upon the City Council adopting a resolution approving EA 23-07 and an ordinance adopting the Development Agreement.

PC 24-02
2 NOW, THEREFORE, BE IT RESOLVED the Planning Commission resolves and orders as follows:

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

2. CEQA Finding. The Planning Commission recommends that the City Council find and determine, that there is no substantial evidence in the record that TSM 23-02 and the associated Development Agreement may have a significant effect on the environment beyond what was considered and analyzed in the Bogue-Stewart Master Plan (BSMP) EIR as identified by the MND prepared in Environmental Assessment 23-07. Additionally, the Planning Commission recommends that the City Council find and determine that an environmental assessment/initial study was prepared for this Project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines and reflects the Planning Commission’s independent judgment and analysis. The process included the distribution of requests for comments from other responsible or affected agencies and interested organizations. Preparation of Environmental Assessment 23-07 necessitated a thorough review of the proposed Project and relevant environmental issues and considered the previously prepared BSMP EIR. While the proposed Project could have a potentially significant effect on the environment, based on its independent judgment and analysis the Planning Commission recommends the City Council find that feasible mitigation measures or alternatives have been incorporated into the Project in order to avoid the effects to a point where clearly no significant effect on the environment will occur beyond those determined in the EIR prepared for the BSMP. The Project-specific mitigation measures included in the Project to avoid potentially significant effects are set forth in the attached Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the Project specific mitigations imposed, there is no substantial evidence in the record that this Project may have significant direct, indirect, or cumulative effects on the environment beyond those which were identified and analyzed in the BSMP EIR.

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

4. Development Agreement Findings. Pursuant to the Government Section Code 65864 through 65869.5 and in light of the record before it, including the staff report and all attachments, and all evidence and testimony heard at the public hearing for this item, and in light of all evidence and testimony provided in connection with the entitlements for the West Railroad Village Subdivision, the Planning Commission recommends the City Council make the following findings pertaining to the Development Agreement.

PC 24-02
3 a. The proposed Development Agreement is consistent with the goals and policies of the General Plan, its purposes, and applicable Specific Plan(s).

Evidence: The proposed subdivision creating 21 duplex lots and six single-family residential lots is consistent with the land use pattern adopted as part of the BSMP. The Project’s overall density of approximately 10 residences per acre is consistent with the General Plan Land Use Element and BSMP that provides for a density range of 6-14 dwellings per acre for the Medium-Density Residential (MDR) land use designation.

Consistent with the General Plan and BSMP policies, this development will pay development impact fees to contribute to the City’s Park system. The proposed Project is consistent with the intent of the BSMP, and has designed residential streets with sidewalks, planting strips and traffic calming elements to create a pedestrian-friendly environment.
b. The Development Agreement is consistent with and furthers a number of goals and objectives identified in the City’s General Plan.

Evidence: This Project is consistent with the City’s General Plan goals and policies including the established density ranges for MDR designated land. The Project is conditioned to meet all City development and improvement standards including water, wastewater, stormwater drainage systems, street cross-sections, streetscape landscaping, and park facilities or applicable in-lieu fees. The proposed Project will be subject to compliance with BSMP R-2 development standards.

Overall, the Project proposed by the Development Agreement represents a productive use of site that will be compatible with surrounding anticipated future neighboring uses and offers Yuba City residents new residential opportunities that will support retail, entertainment, and employment uses in the City.
c. Water Supply Assessment.

A water supply assessment required by California Government Code Section 66473.7 (a) (1) was prepared as part of the BSMP EIR and determined that between the use of water withdrawn from the Feather River and city operated wells, there will be a need for additional City water well(s) for which a mitigation measure is applied that requires all BSMP development to pay a fair-share towards the well’s cost. With implementation of that mitigation measure there will be an adequate long term water supply.

5. Recommendation of Approval of the Development Agreement. Based on the information provided above, the Planning Commission recommends to the City Council of Yuba City adoption of the Development Agreement, as provided in Exhibit A.

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

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission at a regular meeting thereof held on January 24, 2024, by the following vote:

PC 24-02
4 Ayes:

Noes:

Absent:

Recused:

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

Jackie Sillman, Planning Commission Chair
ATTEST:

Benjamin Moody, Secretary to the Planning Commission
Attachments:

Exhibit A: West Railroad Village Draft Development Agreement

EXHIBIT A

West Railroad Village DA 1 | P a g e
Recording Requested by:

Development Services Department
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA
When Recorded Mail To:

City Clerk
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
DOCUMENT WILL BE RETURNED TO NAME &. ADDRESS IDENTIFIED ABOVE [Space Above for Recorder's Use]

DEVELOPMENT AGREEMENT
by and between
JUNIOR S. THIARA
An Individual
and

CITY OF YUBA CITY
A General Law City
(West Railroad Village Development Agreement)

West Railroad Village DA 2 | P a g e

DEVELOPMENT AGREEMENT
by and between
JUNIOR S. THIARA
An Individual
and

CITY OF YUBA CITY,
A General Law City
(West Railroad Village Development Agreement)
THIS DEVELOPMENT AGREEMENT dated _______________, 2023 (Effective Date), at Yuba City, California (hereinafter referred to as "Agreement"), is entered into by and between Junior S Thiara, a married man, as his sole and separate property (hereinafter referred to as "West Railroad Village Landowner,” “Landowner” or “Developer”) and the City of Yuba City, a general law city, created and existing under the laws of the State of California (hereinafter referred to as "the City"), pursuant to the authority of Sections 65864 through 65869.5 of the Government Code of the State' of California.

RECITALS
A. State Authorization. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the Government Code (the "Development Agreement Statute"), which authorizes the City to enter into a binding property development agreement with any person having a legal or equitable interest in real property for the development associated with such property in order to establish certain development rights in the property which is the subject of the development project application.

B. City Procedure and Requirements. The City has implemented the provisions of Government Code Section 65864 et seq. and is authorized to enter into development agreements with persons having legal or equitable interests in real property located in the City.

C. Landowner. The Landowner is Junior S. Thiara, a married man, as his sole and separate property.

D. Property. The subject of this Agreement is the development of that certain property commonly known as West Railroad Village, consisting of approximately

15.84 acres located in the County of Sutter, as described in Exhibit A-I and depicted in Exhibit A-2, attached hereto and incorporated herein by reference (referred to as "the Property”). Landowner owns the Property in fee and represents that all other persons holding legal or equitable interests in the Property shall be bound by this Agreement.

E. Bogue Stewart Master Plan herein after referred to as (“BSMP”). The Property is located within the area that is part of the Bogue Stewart Master Plan.

West Railroad Village DA 3 | P a g e
F. Project. The development of the Property is in accordance with the City's General Plan, as amended, and the Development Approvals shall be referred to herein as the "Project.”
G. The Mitigated Negative Declaration. The City examined the environmental effects of this Agreement and the Development Approvals in the Mitigated Negative Declaration (the "MND") (SCH No. 2024010060) prepared pursuant to the California Environmental Quality Act (CEQA). The City Council reviewed and certified the MND as adequate and complete as part of the approval of the Development Approvals.

H. Purposes. The Landowner and City desire to enter into an agreement for the purpose of implementing the plan for subdividing and development of West Railroad Village as set forth herein and Development Approvals and for mitigating the environmental impacts of such development as identified in the environmental document. The City has an expressed interest in ensuring the proper growth of the community by entering into Development Agreements as a method whereby a level of assurance can be achieved to meet that interest. The City has determined that the development of West Railroad Village pursuant to the proposed Tentative Subdivision Map 2023-002 is a development for which a Development Agreement is appropriate. A Development Agreement will provide certain benefits to the City; will eliminate uncertainty in the City's land use planning and secure orderly development of the Property in accordance with the policies and goals set forth in the City's General Plan.

The Landowner has incurred and will incur substantial costs in order to comply with the conditions of approval and to assure development of the Property in accordance with this Agreement. In exchange for these benefits to the City and the public, the Landowner desires to receive assurance that the City shall grant permits and approvals required for the development of the Property in accordance with the Existing City Laws, subject to the terms and conditions contained in this Agreement. In order to effectuate these purposes, the Parties desire to enter into this Agreement.

I. Entitlements Needed Prior to the Development Agreement. The application for approval of this Agreement and the appropriate CEQA documentation required for approval of this Agreement, including:
• Tentative Subdivision Map 2023-002 (approvals may occur after adoption of the Development Agreement).
• Environmental Assessment 2023-07 (Certification of the Mitigated Negative Declaration).

The entitlements are collectively referred to as “Development Approvals.” J. Reserved.

K. Development Agreement Adoption. After conducting a duly noticed public hearing and making the requisite findings, the City Council, by the adoption of an Ordinance, approved this Agreement and authorized its execution. The City has determined that this Agreement furthers the public health, safety and general welfare, that the provisions of this Agreement are consistent with the goals and policies of the General Plan and is a community benefit. The City and Developer have determined that the project is a development for which this Agreement is appropriate. This Agreement

West Railroad Village DA 4 | P a g e
will eliminate uncertainty regarding Development Approvals and certain subsequent development approvals, thereby encouraging planning for, investment in and commitment to use and develop the Property. Continued use and development of the Property is anticipated to, in turn, provide the following substantial benefits and contribute to the provision of needed infrastructure for area growth, thereby achieving the goals and purposes for which the Development Agreement laws were enacted, including (1) providing for the development of unused land; (2) providing increased tax revenues for the City; (3) providing for jobs and economic development in the City; and (4) providing for infrastructure improvements that can be utilized by regional users and future users.

L. Consistency with Yuba City General Plan. Development of the Property in accordance with this Agreement will provide for orderly growth and development in accordance with the policies set forth in the City’s General Plan, as amended and the Development Approvals. Having duly examined and considered this Agreement and having held properly noticed public hearings hereon, the City Council finds and declares that this Agreement is consistent with the General Plan of the City and with the Development Approvals.

M. Landowner Payments for the Costs of Public Infrastructure, Facilities, and Services. Landowner agrees to pay the costs of such City of Yuba City public facilities and services as herein provided to mitigate impacts of the development of the Property, and City agrees to assure that Landowner may proceed and complete development of the Property, in accordance with the terms and conditions of this Agreement. The City's approval of development of the Property as provided herein is in reliance upon and in consideration of Landowner's agreement to make such payments toward the costs of public improvements and services as herein provided to mitigate the impacts of development of the Property.

N. Development Agreement Ordinance. City and Landowner have taken all actions mandated by and fulfilled all requirements set forth in the California Government Code Sections 65864 through 65869.5 regulating the use of development agreements.

O. Flood Hazard. The City has imposed conditions on the project that will protect the property to the urban level of flood protection in urban and urbanizing areas. Such conditions may also be implemented as conditions of tentative maps or other entitlements.

NOW THEREFORE, pursuant to the authority contained in Government Code Sections 65864 through 65869.5, and in consideration of the mutual covenants and promises contained herein, the adequacy and sufficiency of which is hereby acknowledged, the Landowner and the City, each individually referred to as a Party and collectively referred to as the Parties ("Parties"), agree as follows:

AGREEMENT

West Railroad Village DA 5 | P a g e

1. General Provisions.

1.1 Incorporation of Recitals. The Preamble, the Recitals and all defined terms set forth in both, are hereby incorporated in this Agreement as if set forth herein in full.

1.2 Definitions. In addition to the defined terms in the Preamble and the Recitals, each reference in this Agreement to any of the following terms shall have the meaning set forth below for each such term. Certain other terms shall have the meaning set forth for such term in this Agreement.

1.2.1 Approvals. Any and all permits or approvals of any kind or character required under the City Laws in order to develop the Project, including, but not limited to, architectural review approvals, building permits, site clearance and demolition permits, grading permits and utility connection permits.

1.2.2 City Laws. The ordinances, resolutions, codes, rules, regulations and official policies of the City govern the permitted uses of land, density, design, improvements and construction standards and specifications applicable to the development of the Property. Specifically, but without limiting the generality of the foregoing, City Laws shall include the City's General Plan, the Planned Development, the Zoning Regulations of the City of Yuba City, and the Subdivision Regulations of the City of Yuba City.

1.2.3 Conditions. All conditions, exactions, fees or payments, dedication or reservation requirements, obligations for on or off-site improvements, services or other conditions of approval called for in connection with the development of or construction on the Property under the existing City Laws, whether such conditions of approval constitute public improvements, or mitigation measures in connection with environmental review of any aspect of the Project.

1.2.4 Director. The Director of the Development Services Department.

1.2.5 Existing City Laws. The City Laws in effect as of the Effective Date of this Agreement.

1.2.6 Laws. The laws and Constitution of the State of California, the laws and Constitution of the United States and any codes, statutes or executive mandates in any court decision, state or federal, thereunder.

1.2.7 Mortgagee. “Mortgagee” means: (a) the holder of the beneficial interest under a Mortgage; (b) the lessor under a sale and leaseback Mortgage; and (c) any successors, assigns and designees of the foregoing.

1.2.8 Party. A signatory to this Agreement: or a successor or assign of a signatory to this Agreement.

1.2.9 Property. The Property is that property described and shown on Exhibits A-I and A-2. It is intended and determined that the provisions of this Agreement shall constitute covenants which shall run with the Property and the benefits

West Railroad Village DA 6 | P a g e
and burdens hereof shall bind and inure to all successors-in-interest to the parties hereto.

2. Effective Date: Term.

2.1 Recordation. Not later than ten (10) days after the Effective Date, the Parties shall cause this Agreement to be recorded in the Official Records of the County of Sutter, State of California, as provided for in Government Code Section 65868.5. However, failure to record this Agreement within ten (10) days shall not affect its validity or enforceability by and between the Parties.

2.2 Term. Except as provided herein, the term of this Agreement shall commence on the Effective Date and terminate fifteen (10) years thereafter; provided, however, that the initial term may be extended, upon Developer’s application therefore and upon the mutual agreement of both parties, by an amendment to this Agreement and after approval by the City Council after first receiving a recommendation by the Planning Commission.

Following the expiration of the Term, this Agreement shall be deemed terminated and be of no further force and effect; provided, however, said termination of the Agreement shall not affect any right or duty emanating from City Entitlements on the Property approved concurrently with or subsequent to the approval of this Agreement.

3. General Development of the Project.

3.1 Project: Vested Entitlements.

3.1.1 The City has adopted certain approvals in connection with the Property, including the adoption of the Bogue Stewart Master Plan, the tentative map and Certification of the EIR (SCH #2017012009) for the Bogue Stewart Master Plan. To the extent the provisions of this Agreement conflicts with the General Plan and Bogue-Stewart Master Plan, those plans shall take precedence.

3.1.2 Development of the Property shall be governed by this Agreement, and the Development Approvals. This Agreement does not impose affirmative obligations on the Landowner to commence development of the Project, or any phase thereof, in advance of its decision to do so.

3.1.3 The permitted uses of the Property, the density and intensity of use, including, but not limited to, minimum landscape areas, maximum lot coverage, minimum and maximum number of parking spaces, and the allowable floor area ratios), and provisions for public improvements and all mitigation measures and conditions required or imposed in order to minimize or eliminate environmental impacts or any impacts of the Property applicable to development of the Property, are as set forth in ordinances, policies, and standards in effect as of the Effective Date and are hereby vested subject to the provisions of this Agreement ("Vested Entitlements").

3.2 Project Phasing. Landowner and City acknowledge and agree that the Project is designed to be developed in phases. The Parties also acknowledge and agree that presently the Landowner cannot predict the timing of the Project phasing.

Because the California Supreme Court held in Pardee Construction Co. v. City of

West Railroad Village DA 7 | P a g e
Camarillo (1984) 37 Cal.3d 465, that failure of the Parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the Parties' agreement, it is the Parties' intent to cure that deficiency by acknowledging and providing that the Landowner shall have the right to develop the building components of the Project in phases in accordance with the Development Approvals and at such times as the Landowner deems appropriate within the exercise of its subjective business judgment and the provisions of this Agreement.

3.3 Other Government Permits. The Landowner or City (whichever is appropriate) shall apply for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Project (such as public utility districts, Gilsizer County Drainage District, the U.S. Army Corps of Engineers, or Cal Trans) as may be required for the development of, or provision of services to, the Project. The City shall promptly and diligently cooperate, at no cost or damage to the City, with the Landowner in its endeavors to obtain such permits and approvals and, from time-to-time at the request of the Landowner, shall attempt with due diligence and in good faith to enter into binding agreements with any such entity in order to assume the availability of such permits and approvals of services. To the extent allowed by law, the Landowner shall be a party or third-party beneficiary to any such agreement and shall be entitled to enforce the rights of the Landowner or City thereunder or the duties and obligations of the parties thereto.

3.4 Additional Fees. Except as set forth in this Agreement, the City shall not impose any further or additional fees, taxes or assessments, whether through exercise of the police power, the taxing power, or any other means, other than those required by Existing City Laws and this Agreement, provided that:

3.4.1 Community Facilities District. Prior to the approval of any final map within the area covered by this Agreement, the Developer shall be required to enter into a Community Facilities District ("CFD") or similar funding mechanism acceptable to the City for the purpose of funding on-going operational costs for police, fire, and other government services and for the on-going maintenance costs for road and park facilities.

Developer shall cooperate in the formation or annexation to the CFD or funding mechanism, and irrevocably consents herewith to the levy of such special taxes, establishment of funding mechanisms, or collection of other fees or charges, as are necessary to fund the operational and/or maintenance costs.

3.4.2 The City may charge the Landowner the standard processing fees for land use approvals, building permits and other similar permits, which are in force and effect on a City-wide basis at the time application is submitted for those permits.

3.4.3 City shall have the authority to enact or increase development impact fees provided the fees are consistent with the fees applied to other properties in the City or area wide that is similarly situated.

3.4.4 If the City exercises its taxing power in a manner which will not change any of the conditions applicable to the Project and so long as any taxes are uniformly applied on a City-wide or area-wide basis, as defined below, the Property may be so taxed, which tax shall be consistent with the taxation of other properties in the City or area wide that is similarly situated.

West Railroad Village DA 8 | P a g e

3.4.5 If state or federal laws are adopted which enable cities to impose fees on existing projects and if, consequently, the City adopts enabling legislation and imposes fees on existing projects on a City-wide basis, these fees may be imposed on the Project, which fees shall be consistent with the fees imposed on other properties in the City similarly situated.

3.4.6 Landowner shall pay the following fees:
i. City-wide development impact fees, which may include but not be limited to:
• Parks and Recreation
• Community Civic Center
• Fire Protection
• Library Services
• Police Protection
• Roadways/Traffic
• Flood Protection/Levee Improvements
• City Corporation Yard
• Drainage
• Administration Component
• Connection and Trunk Line Fees (Water and Sewer)
• Applicable County Development Impact Fees
ii. A Park and Recreation Development Impact Fee to cover development of neighborhood park per Section 4.2.5 of this Agreement.
iii. Any fees that Developer is obligated to directly pay to any Federal, State, County or local agency (other than any City Agency) under applicable Federal, State, County or local law. iv. Any fees the City is legally required to collect for other State or Federal agencies pursuant to State or Federal law or any City agreement or City ordinance that the City is legally mandated or required to adopt or enter into to comply with State or Federal law or a judgment of a court of law, but only to the extent necessary to satisfy such compliance.

Fees shall be paid at the then-applicable rate in effect at the time building permits are obtained.

Certain City fees may be deferred to prior to issuance of a certificate of occupancy if otherwise allowed by City ordinance, regulation, or policy.

The parties also acknowledge that the City is currently assessing a publicly administered fee program for the Bogue-Stewart Master Plan area. If adopted, this program may impose fee(s) applicable to the entire area including the Property. Landowner agrees to pay such fee(s) once adopted by the City. Nothing in this Agreement shall preclude Landowner from objecting to or contesting the adoption of the fees in the same manner as any other member of the public.

3.4.7 For purposes of this Agreement, "area wide" shall cover not only the Property, but also at least all parcels zoned and/or developed in a manner similar to the Property and located in the combined area of the Master Plan. The Parties acknowledge that the provisions contained in this Section 3.4 are intended to implement the intent of the Parties that the Landowner has the right to develop the Project pursuant to specified and known criteria and rules, and that the City receives the benefits which will be conferred as a result of such development without abridging the right of the City to act in accordance with its powers, duties and obligations.

West Railroad Village DA 9 | P a g e

3.5 Applicable Laws and Standards. Notwithstanding any change in any Existing City Law, including but not limited to, any change by means of ordinance, resolution, initiative, referendum, policy or moratorium, and except as otherwise provided in this Agreement, the laws and policies applicable to the Property are set forth in Existing City Laws (regardless of future changes in these by the City), and this Agreement. The Project has vested rights to be built and occupied on the Property, provided that the City may apply and enforce the Uniform Building Code (including the Uniform Mechanical Code, Uniform Electrical Code and Uniform Plumbing Code) and Uniform Fire Code and all applicable hazardous materials regulations in effect at the time the Landowner applies for any particular building permits for any particular building or other development aspect of the Project.

3.6 Application of New Laws. Nothing herein shall prevent the City from applying to the Property new federal, state or City Laws that are not inconsistent or in conflict with the Existing City Laws or the intent, purposes or any of the terms, standards or conditions of this Agreement; and which do not alter the terms, impose any further or additional fees or impose any other conditions requiring additional traffic improvements requirements or additional off-site improvements that are inconsistent with this Agreement or the intent of this Agreement. Any action or proceeding of the City that has any of the following effects on the Project shall be considered to be in conflict with this Agreement and the existing City Laws, and shall not be applied by the City to the Project or this Agreement:

3.6.1 Limiting the uses permitted on the Property;

3.6.2 Limiting or reducing the density or intensity of uses, the maximum height, the allowable floor area ratios, the required number of parking spaces, increasing the amount of required landscaping or reservations and dedications of land for public purposes;

3.6.3 Limiting the timing or phasing of the Project in any manner that is inconsistent with or more restrictive than the provisions of this Agreement;

3.6.4 Limiting the location of building sites, grading or other improvement on the Property in a manner that is inconsistent with or more restrictive than the limitations included in this Agreement; or

3.6.5 Applying to the Project or the Property any law, regulation, or rule restricting or affecting a use or activity otherwise allowed by this Agreement.

3.7 Moratorium, Quotas, Restrictions, or Other Limitations.

Without limiting the City's standard application processing procedures, no moratorium or other limitation affecting building permits or other land use entitlements, or the rate, timing or sequencing thereof shall apply to the Project.

3.8 Easements: Improvements. The City shall cooperate with the Landowner in connection with any arrangements for abandoning existing utility or other easements and facilities and the relocation thereof or creation of any new easements within the Property necessary or appropriate in connection with the development of the Project.

3.9 Farming Rights. The City shall acknowledge that the Landowner shall have the right to continue to farm the lands non-developed portion of the property.

West Railroad Village DA 10 | P a g e

4. Developer Obligations

4.1 Public Improvements: Developer shall be responsible for constructing and financing the public infrastructure improvements necessary to serve the Project and as provided in this Agreement and the Development Approvals including the BSMP Public Facilities Financing Plan. Developer agrees to dedicate, construct or acquire the improvements or facilities and to perform the obligations set forth in this Section at its expense, subject only to those reimbursements and credits as specified in this Agreement. Public infrastructure improvements shall be designed and constructed in accordance with the improvement plans approved by City for such improvements, and in accordance with the requirements and regulations pursuant to California State law.

4.2 Developer Obligations. Developer shall be obligated to construct and finance the public infrastructure improvements as called out in the BSMP Public Facilities Finance Plan and as provided below, in accordance with the BSMP and consistent with the City's infrastructure Master Plans. Developer shall be required to post appropriate financial security with City prior to recordation of Final Maps, consistent with Project conditions of approval and as called out in the Public Facilities Financing Plan. The developer may be entitled to fee credits as provided in Section 5.1.

4.2.1 Roads. Roads shall be constructed per the approved phased infrastructure improvement matrix per the Project conditions of approval, the BSMP, and as provided in the approved tentative maps or other discretionary City permits. On-site improvements shall be as per project approvals and approved improvement plans.

4.2.2 Storm Drainage. Developer shall provide necessary on-site and off-site improvements for storm drainage consistent with Project conditions of approval and as required by the City and the BSMP. Improvements shall be constructed for the approved phased infrastructure improvement per the tentative map conditions of approval, Planned Development, and as provided in the approved tentative maps or other discretionary City permits.

4.2.3 Sewer. Developer shall construct sewer lines consistent with the BSMP and Project conditions of approval of the tentative map and other discretionary City permits. Improvements shall be constructed for the approved phased infrastructure improvement per the tentative map conditions of approval, Planned Development, and as provided in the approved tentative maps or other discretionary City permits.

4.2.4 Water. Developer shall construct water line improvements consistent with the BSMP and conditions of approval of the tentative maps and other discretionary City permits. Developer shall also be responsible for all on-site water line improvements. Improvements shall be constructed for the approved phased infrastructure improvement per the tentative map conditions of approval, Planned Development, and as provided in the approved tentative maps or other discretionary City permits.

4.2.5 Neighborhood Park Impact Fee. Developer shall pay to City a supplement to the Park and Recreation Development Impact Fee to cover development of neighborhood parks in the amount of $3,200 per single-family residential unit and $2,300 per multifamily unit, prior to issuance of a certificate of occupancy for each lot developed. Said fee shall be considered in addition to the City’s existing Park and Recreation development impact fee specified in Section 3.4.7 of this Agreement. This fee is subject to inflation utilizing the

West Railroad Village DA 11 | P a g e
Engineering News and Record Construction Index beginning January 2020. This fee shall become inoperative should the City adopt a comprehensive Park and Recreation Development Impact fee update where neighborhood parks are incorporated into the City’s fee program. The Project shall then be required to pay the comprehensive Park and Recreation Development Impact fee. Neighborhood Park Supplement Development Impact Fees acquired or earned prior to a comprehensive Park and Recreation Development Impact fee will remain to be considered Park and Recreation fee credits or reimbursements

4.3 Reimbursement by Developer to Third Parties. In the event that facilities, including, but not limited to, roadway, sewer, water, drainage, and parks are constructed by third parties which benefit Developer, Developer agrees that it will pay to City for reimbursement to the third parties, Developer's pro-rata share, as reasonably determined by the City, of the cost of construction prior to the issuance of the first building permit in the Project.

Third party reimbursement will include, in addition to construction costs, those costs associated with planning, design and permitting as set forth in Section 4.1 of this Agreement.

4.4 Covenants, Conditions and Restrictions; Enforcement by City. Upon the recordation of each final subdivision map or other development project, Developer shall record against such portion of the Property a master set of covenants, conditions and restrictions ("CC&R's") to require the development and use of the property to be consistent with the Project Entitlement development plan or other appropriate City designation and applicable design guidelines for the Project. The CC&R's shall include the covenants that all structures and landscaping within the Project are to be built, installed and maintained in accordance with the Master Plan and subject to an obligation to obtain design approval from the City prior to any construction or modification of such improvements. The CC&R's shall provide that the City shall be a third-party beneficiary thereof and may not be amended without the City's consent. As a third-party beneficiary, the City shall have the right, but no obligation, to review and/or enforce any covenant under the CC&R's and the City shall not be obligated hereby to respond to any demands or complaints thereunder or otherwise take any action with respect thereto. The CC&R's shall give the City the same rights as any other owner of record and enforce liens to recover the costs of such enforcement, which may include costs to perform maintenance obligations, remove trash or debris, tow any unlawfully parked vehicles, or other such violations, all at the cost of any defaulting party. The form of such CC&R's shall be subject to the review and approval by the City Attorney, which shall not be unreasonably withheld, prior to recordation thereof and prior to any amendment thereof that may affect the City's enforcement rights thereunder. City acknowledges that Developer shall not be obligated by the foregoing to form a homeowner's association.

4.5 Reimbursement for City Costs. Developer shall reimburse City for all of City's costs incurred in the drafting, negotiating, development, and implementation of this Agreement, including, but not limited to, the annual review pursuant to Section 6.1. Said costs shall include, but not be limited to, the full cost recovery of all City's staff time and City's attorney fees. This Agreement shall not take effect until the City costs, as provided for in this section, owed by Developer to City are paid to the City.

4.6 Building and Site Design. Developer shall comply with the design intent in the City-wide adopted Design Guidelines.

5. Reimbursement and Fee Credits, Financing, and Right-of Way

5.1 Reimbursement to Developer for Oversizing

West Railroad Village DA 12 | P a g e

5.1.1 Developer agrees the City may require Developer to construct certain on-site and off-site improvements in a manner that provides for oversize or excess capacity beyond that size or capacity needed to serve the project (collectively “Oversizing”) so that the constructed improvement will be available to serve other development or residences or facilities outside of the Property. The City shall not require any Oversizing from the Developer except in connection with project approvals or in Development Approvals, and in accordance with the provisions of the Subdivision Map Act. Developer may be entitled to a fee credit or reimbursement for Oversizing improvements per Section 5 of this Agreement.

5.1.2 In the event that City requires Developer to install a specific improvement (for example, a traffic signal), Developer's obligation to pay the relevant development impact fees otherwise owed under this Agreement regarding the category of improvement the Developer is installing shall be satisfied by the installation of such improvement in the manner mutually agreed upon by the City and the Developer so long as the amount of the development impact fees for this category of improvement does not exceed the cost of such improvement. City shall accept Developer's dedication of such improvements, consistent with the terms and conditions of this Agreement.

By entering into this Agreement, City and Developer agree that certain facilities, including, but not limited to, roadway, sewer, water, and drainage will be constructed by Developer pursuant to this Agreement which will benefit third-party landowners. Developer shall be entitled to a fee credit for any such facilities to the extent they benefit third party landowners in an amount as reasonably determined by the City. If Developer's fee credit for a particular facility exceeds the amount of the fee owed, then Developer shall be reimbursed for the amount the fee credit exceeds the fee owed by the benefited third-party landowners.

Developer shall request the City enter into a Reimbursement Agreement, which shall specify the reimbursement calculations and amounts as determined by the City. The Reimbursement Agreement will require future development by third-party landowners benefiting from the Oversizing to reimburse Developer's pro-rata share for a period of up to twenty (20) years from the installation of the oversizing or other qualifying improvements benefiting third-party landowners, provided, that Developer shall have the right to extend the initial twenty (20) year period with a single five (5) year extension request. The extension request must be received, by the City, in writing six months prior to the expiration of the Reimbursement Agreement. The City Council is authorized to enter into a Reimbursement Agreement on behalf of the City subject to approval as to legal form by the City Attorney.

5.1.3 Reimbursement Calculations. City will provide Developer with the available documentation showing the basis for the reimbursement amounts pursuant to Section 4.1. The reimbursement obligations provided in this Agreement will be in amounts as reasonably determined by the City.

5.1.4 Reimbursement Personal to Constructing Owner. All rights to reimbursement created pursuant to Section 4.1 shall be personal to the owner installing the improvements and shall not run with the land unless such rights are expressly assigned in writing.

5.2 City's Support of Public Financing for Project Improvements.

Development of the Project requires the investment of significant capital to fund the Project's necessary major infrastructure. Developer may, at its discretion, seek public financing mechanism for financing the construction, improvement or acquisition of major infrastructure. At the request of Developer, the City may consider the use of finance districts, special assessment

West Railroad Village DA 13 | P a g e
districts, and other similar project-related public financing mechanisms to fund the Project's necessary infrastructure.

5.3 Right-of-Way Acquisition. With respect to the acquisition of any off-site interest in real property required by Developer in order to fulfill any condition required by the Project or the Entitlements, Developer shall make a good faith effort to acquire the necessary interest by private negotiations at the fair market value of such interest. If, after such reasonable efforts, Developer has been unable to acquire such interest and provided that Developer (i) provides evidence of a good faith effort to acquire the necessary property interest to the reasonable satisfaction of City and (ii) agrees to pay the cost of such acquisition, including reasonable attorney's fees, City shall make an offer to acquire the necessary property interest at its fair market value. If such offer has not been accepted within 60 days, City agrees, to the extent permitted by law, to cooperate and assist Developer in efforts to obtain such necessary property interest. Any such acquisition by City shall be subject to City's good faith discretion, which is expressly reserved by City, to make the necessary findings, including a finding thereby of public necessity, to acquire such interest. Subject to the reservation of such good faith discretion, the City shall schedule the necessary hearings, and if approved by City, thereafter prosecute to completion the proceedings and action to acquire the necessary property interests by power of eminent domain.

Developer shall fund all costs of the acquisition of such necessary property interests, including reasonable attorney's fees and court costs in the event that such acquisition and/or condemnation is necessary.

6. Annual Review.

6.1 Good Faith Compliance. Developer shall annually provide documentation of good faith compliance with this agreement per Govt. Code Section 65865.1 to the City and shall reimburse the City for any processing under Section 6.

The City may, at least every twelve (12) months, during the Term of this Agreement, conduct a public meeting to review the extent of good faith substantial compliance by Landowner with the terms of this Agreement at Landowner’s expense. Such periodic review shall be limited in scope to compliance with the terms of this Agreement pursuant to Government Code Section 65865.1. Notice of such annual review will be provided by the Development Services Director to Landowner thirty (30) days prior to the date of the public meeting by the Planning Commission and shall include the statement that any review may result in amendment or termination of this Agreement as provided herein. A finding by the City of good faith compliance by the Landowner with the terms of Agreement shall conclusively determine the issue up to and including the date of such review. Nothing in this Section shall be deemed to create a duty of responsibility of City or Landowner or define an event of default that but for such concurrent review would not have been so created or defined.

6.2 Failure to Comply in Good Faith. If the City Council makes a finding that the Landowner has not complied in good faith with the terms and conditions of this Agreement, the City shall provide written notice to the Landowner describing: (i) such failure to comply with the terms and conditions of this Agreement (referenced to herein as a "Default"); (ii) the actions, if any, required by the Landowner to cure such Default; and (iii) the time period within which such Default must be cured. The Landowner shall have, at a minimum, thirty (30) business days after the date of such notice to cure such Default, or in the event that such Default cannot be cured within such

West Railroad Village DA 14 | P a g e
thirty (30) day period but can be cured within one (1) year, the Landowner shall have commenced the actions necessary to cure such Default and shall be diligently proceeding to complete such actions necessary to cure such Default within thirty (30) days from the date of notice. If the Default cannot be cured within one (1) year, as determined by the City during periodic or special review, the City Council may modify or terminate this, Agreement as provided in Section 6.4 and Section 6.5.

6.3 Failure to Cure Default. If the Landowner fails to cure a Default within the time periods set forth above, the City Council may modify or terminate this Agreement as provided below.

6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.2 and the expiration of the cure period, the City determines to proceed with modification or termination of this Agreement, the City shall give written notice to the Landowner of its intention to do so. The notice shall be given at least fifteen (15) calendar days before the scheduled hearing and shall contain:

6.4.1 The time and place of the hearing;

6.4.2 A statement as to whether or not the City proposes to terminate or to modify the Agreement; and

6.4.3 Such other information as is reasonably necessary to inform the Landowner of the nature of the proceeding.

6.5 Hearings on Modification or Termination. At the time and place set for the hearing on modification or termination, the Landowner shall be given an opportunity to be heard, and the Landowner shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on the issue shall be on the Landowner. If the City Council finds, based upon substantial evidence, that the Landowner has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City.

7. Permitted Delays.

7.1 Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either Party under this Agreement shall not be deemed to be in default where delays or, defaults are due to war, insurrection, strikes, lockouts, walkouts, drought, riots, floods, earthquakes, fire, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, restrictions imposed by governmental or quasigovernmental entities other than the City, unusually severe weather, acts of the other Party, acts or the failure to act of any public or government agency or entity other than the City, or any other causes beyond the control or without the fault of the Party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of cause. If, however, notice by the Party claiming such extension of time is sent to the other Party more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice. Times of

West Railroad Village DA 15 | P a g e
performance under this Agreement may also be extended in writing by the joint agreement of the City and Landowner. Litigation attacking the validity of this Agreement, or any permit, ordinance, or entitlement or other action of a governmental agency necessary for the development of the Property pursuant to this Agreement shall also be deemed to create an excusable delay under this Section.

7.2 Supersedure by Subsequent Laws. If any Law made or
enacted after the date of this Agreement prevents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with such new Law. Immediately after enactment of any such new Law, the Parties shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. If such modification or suspension is infeasible in the Landowner's reasonable business Judgment, then the Landowner shall have the right to terminate this Agreement by written notice to the City. The Landowner shall also have the right to challenge the new Law preventing compliance with the terms of this Agreement, and, in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect.

8. Termination.

8.1 City's Right to Terminate. The City shall have the right to terminate this Agreement if the Landowner is not in substantial compliance with the terms of this Agreement and this default remains uncured, all as set forth in Section 6.

8.2 Landowner's Right to Terminate. The Landowner shall have the right to terminate this Agreement only under the following circumstances:

8.2.1 The Landowner has found the City in breach of this Agreement, has given the City notice of such breach and the City has not cured such breach within thirty (30) days of receipt of such notice or, if the breach cannot reasonably be cured within such thirty (30) day period, if the City has not commenced to cure such breach within thirty (30) days of receipt of such notice and is not diligently proceeding to cure such breach.

8.2.2 The Landowner is unable to complete the Project because of supersedure by a subsequent law per Section 7.2 or court action.

8.2.3 The Landowner determines, in its business judgment, that it is not practical or reasonable to pursue development of the Property, however if termination occurs for this reason the City reserves the right to revoke any remaining entitlement to develop the property.

8.3 Mutual Agreement. This Agreement may be terminated upon the mutual Agreement of the Parties.

8.4 Effect of Termination.

8.4.1 General Effect. If this Agreement is terminated for any reason, such termination shall not affect any condition or obligation due to the City from the Landowner prior to the date of termination and such termination shall not otherwise

West Railroad Village DA 16 | P a g e
affect any other City entitlement or approval with respect to the Property that has been granted prior to the date of termination.

8.5 Recordation of Termination. In the event of a termination, the City and Landowner agree to cooperate with one another in executing a Memorandum of Termination to record in the Official Records of Sutter County within thirty (30) days of the date of termination.

9. Remedies. Either Party may, in addition to any other rights or remedies, institute legal or equitable action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation or enforce by specific performance the obligations and rights of the Parties hereto.

10. Waiver: Cumulative Remedies. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand strict compliance by such other Party in the future. No waiver by a Party of an event of default shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omission by a Party to take any action with respect to such event of default.

No express written waiver of any event of default shall affect any other event of default, or cover any other period of time, other than any event of default and/or period of time specified in such express waiver. Except as provided in this Section, all of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy.

11. Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties that the Project is a private development. This Agreement is made and entered into for the sole protection and benefit of the Landowner and the City and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. The City and Landowner hereby renounce the existence of any third-party beneficiary to this Agreement and agree that nothing contained herein shall be construed as giving any other person or entity third-party beneficiary status. No partnership, joint venture or other association of any kind is formed by this Agreement.

12. Cooperation in the Event of Legal Claim. In the event any legal action or proceeding is instituted by any third-party challenging the validity of any provision of this Agreement or any action or decision taken or made hereunder, the Parties shall cooperate in defending such action or proceeding.

13. Estoppel Certificate. Either Party may, at any time, and from time-totime, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party: (i) this Agreement is in full force and effect and a binding obligation of the Parties; ii) this Agreement has not been amended or modified either orally or in writing, and if so amended, identifying the amendments; (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing therein the nature and amount of any such defaults; and (iv) the requesting Party has been found to be in compliance with this

West Railroad Village DA 17 | P a g e
Agreement, and the date of the last determination of such compliance. A Party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt thereof. The Director shall have the right to execute any certificate requested by the Landowner hereunder. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.

14. Right to Assign or Transfer. The Landowner's rights and responsibilities hereunder may be sold or assigned in conjunction with the transfer, sale or assignment of the Property at any time during the term of this Agreement subject to the following conditions precedent:

14.1 No default by Developer shall be outstanding and uncured as of the effective date of the proposed transfer, unless the City Council has received adequate assurances satisfactory to the City Council that such default shall be cured in a timely manner either by Developer or the transferee under the transfer.

14.2 Prior to the effective date of the proposed transfer, Developer or the proposed transferee has delivered to the City an executed and acknowledged assignment and assumption agreement (the “Assumption Agreement”) in recordable form. Such Assumption Agreement shall include provisions regarding: (a) the rights and interest proposed to be transferred to the proposed transferee; (b) the obligations of Developer under this Agreement that the proposed transferee will assume; and (c) the proposed transferee's acknowledgment that such transferee has reviewed and agrees to be bound by this Agreement. The Assumption Agreement shall also include the name, form of entity, and address of the proposed transferee, and shall provide that the transferee assumes the obligations of Developer to be assumed by the transferee in connection with the proposed transfer. The Assumption Agreement shall be recorded in the official records of the County of Sutter concurrently with the consummation of the transfer.

14.3 Prior to the effective date of the proposed transfer, the Developer must obtain the City’s consent in writing to the transfer, which may be evidenced by the City Council’s approval of an Assumption Agreement. City's consent shall not be unreasonably withheld.

Factors the City may consider in determining whether to consent to the transfer include the financial capacity of the proposed transferee to comply with all of the terms of the Agreement and the history, if any, of compliance of transferee, its principals, officers or owners with the provisions of federal or state law, the Yuba City Municipal Code or agreements with the City relating to development projects within the City.

14.4 Mortgagee as Transferee. No Mortgage (including the execution and delivery thereof to the Mortgagee) shall constitute a transfer. A Mortgagee shall be a transferee only upon: (a) the acquisition by such Mortgagee of the affected interest of Developer encumbered by such Mortgagee's Mortgage; and (b) delivery to the City of an Assumption Agreement executed by the Mortgagee pursuant to which the Mortgagee assumes assuming, from and after the date such Mortgagee so acquires its interest, the applicable rights, duties and obligations of Developer under this Agreement. No further consent of the City shall be required for any such transfer to a Mortgagee.

14.5 Effect of Transfer. A transferee shall become a Party to this Agreement only with respect to the interest transferred to it under the transfer and then only to the extent set forth in the Assumption Agreement. If Developer transfers all of its rights, duties and obligations under this Agreement, Developer shall be released from any and all obligations

West Railroad Village DA 18 | P a g e
accruing after the date of the transfer under this Agreement. If Developer effectuates a transfer as to only some but not all of its rights, duties and obligations under this Agreement, Developer shall be released only from its obligations accruing after the date of the transfer which the transferee assumes in the Assumption Agreement.
15 Financing. Mortgages, deeds of trust, sales and leasebacks, or other forms of conveyance required for any reasonable method of financing requiring a security arrangement with respect to the Property (“Mortgages”) are permitted without the consent of the City, provided the Landowner complies with the following:

15.1 Mortgagee Protection. This Agreement and any covenants entered into between the Developer and City shall be superior and senior to the conveyance of any Mortgage encumbering any interest in the Property. No default shall defeat, render invalid, diminish or impair the conveyance of any Mortgage made for value, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against any person (including any Mortgagee) who acquires title to the Property or any portion thereof or interest therein or improvement thereon, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise.

15.2 Mortgagee Not Obligated; Mortgagee as Transferee. No Mortgagee shall have any obligation or duty under this Agreement whatsoever, except that nothing contained in this Agreement shall be deemed to permit or authorize any Mortgagee to undertake any new construction or improvement in the West Railroad Village Project Area, or to otherwise have the benefit of any rights of Developer, or to enforce any obligation of the City, under this Agreement, unless and until such Mortgagee elects to become a Transferee in the manner specified in this Agreement. Any Mortgagee that affirmatively elects to become a Transferee shall be later released from all obligations and liabilities under this Agreement upon the subsequent transfer by the Mortgagee of its interest as a transferee to another person.

15.3 Entitlement to Written Notice of Default. The Mortgagee of a Mortgage or beneficiary of a deed of trust encumbering the Property, or any part thereof, and their successors and assigns shall, upon written request to the City, be entitled to receive from the City written notification of any default by Landowner of the performance of Landowner’s obligations under this Agreement which has not been cured within sixty (60) days following the date of default. Landowner shall reimburse the City for its actual costs, reasonably and necessarily incurred, to prepare this notice of default.

15.4 Priority of Mortgages and Subordination. Landowner shall ensure that all Mortgages subordinate to this Agreement. For purposes of exercising any remedy of a Mortgagee or for becoming a Transferee, the applicable laws of the State of California shall govern the rights, remedies and priorities of each Mortgagee, absent a written agreement between Mortgagees otherwise providing.

15.5 Collateral Assignment. As additional security to a Mortgagee under a Mortgage on the Property or any portion thereof, Developer shall have the right, without the consent of the City, to execute a collateral assignment of Developer’s rights, benefits and remedies under this Agreement in favor of the Mortgagee (a “Collateral Assignment”) on the standard form provided by the Mortgagee.

16. Covenants to Run with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants, and obligations contained in this

West Railroad Village DA 19 | P a g e
Agreement shall be binding upon the Parties and their respective heirs, successors, assignees, devises, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the Parties and their respective heirs, successors and assignees. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder: (i) is for the benefit of such properties and is a burden upon such properties; (ii) runs with such properties; and (iii) is binding upon each Party and each successive owner during its ownership of such properties or any portion thereof, and each person having any interest therein derived in any manner through any owner of such properties, or any portion thereof, and shall benefit each Party and its property hereunder, and each other person succeeding to an interest in such properties; provided that no liability or obligation shall accrue to any person, if this Agreement terminates pursuant to Section 8 of this Agreement.

17. Amendment.

17.1 Amendment or Cancellation. Except as otherwise provided in this Agreement, this Agreement may be canceled, modified or amended only by mutual consent of the Parties in writing, and then only in the manner provided for in Government Code Section 65868. Minor amendments to this Agreement may be made without a public hearing upon approval of the Development Services Director. "Minor Amendments" shall mean amendments which are similar in significance to the type of minor amendments to land use entitlements that may be made without a full public hearing or approval of the Planning Commission or City Council pursuant to the Yuba City Municipal Code.

17.2 Recordation. Any amendment, termination or cancellation of this Agreement shall be recorded by the City Clerk not later than ten (10) days after the effective date of the action effecting such amendment, termination or cancellation; however, a failure to record shall not affect the validity of the amendment, termination or cancellation.

18. Notices.

18.1 Procedure. Any notice to either Party shall be in writing and given by delivering the notice in person or by sending the notice by registered or certified mail, or Express Mail, return receipt requested, with postage prepaid, to the Party's mailing address.

18.2 Mailing Addresses. The respective mailing addresses of the Parties are, until changed as hereinafter provided, the following:

City: Development Services Director
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
With a copy to: City Manager

West Railroad Village DA 20 | P a g e
City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
Landowners: Junior S. Thiara
P.O. Box 3546
Yuba City, CA 95992
With a copy to: MHM Incorporated
Attn: Sean Minard
P.O. Box B
Marysville, CA 95901
Either Party may change its mailing address at any time by giving ten (10) days’ notice of such change in the manner provided for in this section. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. Nothing in this provision shall be construed to prohibit communication by facsimile transmission, so long as an original is sent by first class mail, commercial carrier or is hand-delivered.

19. Indemnification.

19.1 Third Party Actions. To the furthest extent allowed by law, Developer shall indemnify, hold harmless and immediately defend, with counsel of City’s choosing, City and each of its officers, officials, employees, agents, attorneys, and volunteers from any and all loss, liability, fines, penalties, forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative record preparation costs) arising from, resulting from, or in connection with any Third-Party 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 or a City Agency, that: (a) challenges or contests any or all of this Agreement, the West Railroad Village Subdivision Map Applications and Approvals, or the Development Approvals; or (b) claims or alleges a violation of CEQA or another law in connection with the certification of the EIR by the City Council or the grant, issuance or approval by the City of any or all of this Agreement, the West Railroad Village Subdivision Map Applications and Approvals, and the Development Approvals. Developer’s obligations under this Section shall apply regardless of whether City or any of its officers, officials, employees, 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 the termination of this Agreement.

19.2 Damage Claims. The nature and extent of Developer’s obligations to indemnify, defend and hold harmless the City with regard to events or circumstances not addressed in Section 19.1 shall be governed by this Section 19.2. To the furthest extent allowed by law, Developer shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, attorneys, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by

West Railroad Village DA 21 | P a g e
City, Developer or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement or the performance of any or all work to be done by Developer or its contractors, agents, successors and assigns pursuant to this Agreement (including, but not limited to design, construction and/or ongoing operation and maintenance of off-site improvements unless and until such off-site improvements are dedicated to and officially accepted by the City). Developer's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, attorneys, or agents are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents, attorneys, or volunteers.

If Developer should subcontract all or any portion of the services to be performed under this Agreement, Developer shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, attorneys, and volunteers in accordance with the terms of the preceding paragraph. The Developer further agrees that the use for any purpose and by any person of any and all of the streets and improvements required under this Agreement, shall be at the sole and exclusive risk of the Developer, at all times prior to final acceptance by the City of the completed street and other improvements, unless any loss, liability, fines, penalties, forfeitures, costs or damages arising from said use were caused by the active or sole negligence, or the willful misconduct, of the City or any of its officers, officials, employees, agents or volunteers.

Notwithstanding the preceding paragraph, to the extent that Subcontractor is a “design professional” as defined in Section 2782.8 of the California Civil Code and performing work hereunder as a “design professional” shall, in lieu of the preceding paragraph, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Agreement, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement.

This Section shall survive termination or expiration of this Agreement.

20. Insurance. Prior to starting construction of any phase of the project through the date of City’s final formal acceptance of off-site improvements constructed pursuant to the terms of this Agreement (the “Insurance Period”), Developer shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Public Work’s Director. The following policies of insurance are required:

20.1 Commercial General Liability. Insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage and personal injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement), with limits of liability of not less than

West Railroad Village DA 22 | P a g e
$1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal injury, $1,000,000 general aggregate and $1,000,000 aggregate for products and completed operations and $5,000,000 general aggregate.

20.2 Commercial Automobile Liability. Insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 B Any Auto), with combined single limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.

20.3 Workers Compensation. Insurance as required under the California Labor Code.

20.4 Employers Liability. Minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 policy limit and $1,000,000 for each employee.

In the event Developer purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Developer shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Developer shall also be responsible for payment of any selfinsured retentions.

The above-described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers' Compensation policy which shall provide a ten (10) calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Developer shall provide a new certificate evidencing renewal of such policy not less than ten (10) calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Developer shall file with City a new certificate and all applicable endorsements for such policy(ies).

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, attorneys, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Developer's insurance shall be primary, and no contribution shall be required of City. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers. Developer shall have furnished City with the certificate(s) and applicable endorsements for all required insurance prior to start of construction of any phase of development. Developer shall furnish City with copies of the actual policies upon the request of City's Director of Public Works at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement.

If at any time during the Insurance Period, Developer fails to maintain the required insurance in full force and effect, the Director of Public Works, or designee, may order that the Developer, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to ensure that public health and safety is protected. All payments due or that become due to Developer shall be withheld until notice is received by City that the required insurance has been restored to full force and

West Railroad Village DA 23 | P a g e
effect and that the premiums therefore have been paid for a period satisfactory to City. The insurance requirements set forth in this Section are material terms of this Agreement.

If Developer should hire a general contractor to provide all or any portion of the services or work to be performed under this Agreement, Developer shall require the general contractor to provide insurance protection in favor of City, its officers, officials, employees, attorneys, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the general contractor’s certificates and endorsements shall be on file with Developer and City prior to the commencement of any work by the general contractor.

If the general contractor should subcontract all or a portion of the services or work to be performed under this Agreement to one or more subcontractors, Developer shall require the general contractor to require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees, attorneys, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that each subcontractor shall be required to pay for and maintain Commercial General Liability insurance with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal injury, $1,000,000 aggregate for products and completed operations and $1,000,000 general aggregate and Commercial Automobile Liability insurance with limits of liability of not less than less than $1,000,000 per accident for bodily injury and property damage.

Subcontractors’ certificates and endorsements shall be on file with the general contractor, Developer and City prior to the commencement of any work by the subcontractor. Developer’s failure to comply with these requirements shall constitute a default of this Agreement.

21. Miscellaneous.

21.1 Approvals. Unless otherwise provided herein, whenever approval, consent or satisfaction (herein collectively referred to as an "approval") is required of a Party pursuant to this Agreement, such approval shall not be unreasonably withheld. If a Party shall disapprove, the reasons therefore shall be stated in reasonable detail in writing. Approval by a Party to or of any act or request by the other Party shall not be deemed to waive or render unnecessary approval to or of any similar or subsequent acts or requests. The Parties acknowledge and agree that the intent of the Parties is that this Agreement be construed in a manner that protects the rights granted to Landowner herein as allowed by law. Except for the limitations on the exercise by the City of its police power which are provided in this Agreement or which are construed in accordance with the immediately preceding sentence, the Parties further acknowledge and agree that: (a) the City reserves all of its police power and/or statutory or other legal powers or responsibilities; and (b) this Agreement shall not be construed to limit the authority or obligation of the City to hold necessary public hearings, to limit the discretion of the City or any of its officers or officials with regard to rules, regulations, ordinances, laws, and entitlement of use which require the exercise of discretion by the City or any of its officers or officials. This Agreement shall not be construed to limit the obligations of the City to comply with CEQA or any other federal or state law.

21.2 Project Approvals Independent. All approvals that may be granted pursuant to this Agreement, and all approvals or other land use approvals which have been or may be issued or granted by the City with respect to the Property, constitute independent actions and approvals by the City. If any provisions of this Agreement or the application of any provision of this Agreement to a particular situation

West Railroad Village DA 24 | P a g e
is held by a court of competent jurisdiction to be invalid or unenforceable, or if the City terminates this Agreement for any reason, such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any approvals or other land use approvals. In such cases, such approvals will remain in effect pursuant to their own terms, provisions and conditions.

21.3 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of the Property, or of the Project, or any portion thereof, to the general public, for the general public, or for any-public use or purpose whatsoever. This proscription does not extend to any portion of the Property that may be dedicated in compliance with any conditions of approval. The Landowner shall have the right to prevent or prohibit the use of the Property, or any portion thereof, including common areas and buildings and improvements located thereon; by any person for any purposes inimical to the operation of a private, integrated Project as contemplated by this Agreement.

21.4 Severability. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order, shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance and the same shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

21.5 Construction of Agreement. The provisions of this Agreement and the Exhibits shall be construed as a whole according to their common meaning and not strictly for or against any Party in order to achieve the objectives and purpose of the Parties. The captions preceding the text of each Article, Section, and Subsection are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. All references to "person" shall include, without limitation, any and all corporations, partnerships or other legal entities.

21.6 Other Necessary Acts. Each Party covenants, on behalf of itself and its successors, heirs and assigns, to take all actions and do all things, and to execute, with acknowledgment or affidavit if required, any and all further instruments, documents and writings as may be reasonably necessary or proper to achieve the purposes and objectives of this Agreement and to secure the other party the full and complete enjoyment of its rights and privileges hereunder.

21.7 Applicable Law. This Agreement, and the rights and obligations of the Parties, shall be construed by and enforced in accordance with the laws of the State of California.

21.8 Equal Authorship. This Agreement has been reviewed by legal counsel for both the Landowner and City, and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this Agreement.

West Railroad Village DA 25 | P a g e

21.9 Time. Time is of the essence of this Agreement and of each and every term and condition hereof. In particular, the City agrees to act in a timely fashion in accepting, processing, checking and approving all maps, documents, plans, permit applications and any other matters requiring the City's review or approval relating to the Project or Property. Subject to extensions of time by mutual consent in writing, unreasonable delay by either party to perform any term or provision of this Agreement shall constitute a default.

21.10 Subsequent Projects. After the effective date of this Agreement, the City may approve other projects that place a burden on the City's infrastructure; however, it is the intent and agreement of the Parties that Landowner's right to build and occupy the Project, as described in this Agreement, shall not be diminished despite the increased burden of future approved development on public facilities.

21.11 Entire Agreement. This written Agreement and the Exhibits contain all the representations and the entire agreement between the Parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits.

21.12 Form of Agreement: Exhibits. This Agreement is executed in three duplicate originals, each of which is deemed to be an original. This Agreement constitutes the entire understanding and agreement of the parties. Said exhibits are identified as follows:

Exhibit A-1: Property legal description
Exhibit A-2: West Railroad Village Subdivision
All attachments to this Agreement, including all exhibits referenced herein, and all subparts thereto, are incorporated herein by this reference.

21.13 Attorneys’ Fees. If either Party commences any action for the interpretation, enforcement, termination, cancellation or rescission hereof, or for specific performance of the breach hereof, the prevailing party shall be entitled to its reasonable attorneys’ fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. Attorneys' fees under this Section shall include attorneys' fees on any appeal and any postjudgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.

21.14 Limitation of Legal Acts. In no event shall the City, or its officers, agents, attorneys, or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed that the Developer's sole legal remedy for a breach or violation of this Agreement by the City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.

21.15 Interpretation and Governing State Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according

West Railroad Village DA 26 | P a g e
to its fair language and common meaning to achieve the objective and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, both Parties having been represented by counsel in the negotiation and preparation hereof. All legal actions brought to enforce the terms of this Agreement shall be brought and heard in the Superior Court of the State of California, County of Sutter.

21.16 Successor Statutes Incorporated. All references to a statute or ordinance, shall incorporate any, or all, successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein to the extent, however, that incorporation of such successor statute or ordinance does not adversely affect the benefits and protections granted to the Developer under this Agreement.

21.17 Counterparts. This Agreement may be executed in two or more identical counterparts, each of which shall be deemed to be an original and each of which shall be deemed to be one and the same instrument when each Party signs each such counterpart.

21.18 Signature Pages. For convenience, the signatures of the Parties to this Agreement may be executed and acknowledged on separate pages which, when attached to this Agreement, shall constitute this as one complete Agreement.

21.19 Days. Unless otherwise specified in this Agreement, the term “days” means calendar days.

21.20 Authority. The Parties hereby represent that the person hereby signing this Agreement on behalf of each respective Party has the authority to bind the Party to the Agreement.
[SIGNATURES ARE ON THE FOLLOWING PAGE]

West Railroad Village DA 27 | P a g e
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written.
"City"

CITY OF YUBA CITY,
A General Law City
By:

Shon Harris, Mayor
Date:
"Landowner"
Junior S. Thiara,
an Individual
By:

Junior S. Thiara
Date:

Attest:

City Clerk
Approved as to Form:

Shannon Chaffin, City Attorney
Attachments:

A-1 Property Legal Description
A-2 West Railroad Village Subdivision Map

EXHIBIT A-1

PROPERTY LEGAL DESCRIPTION
28 THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SUTTER, UNINCORPORATED AREA, DESCRIBED AS FOLLOWS:

PARCEL 1, AS SHOWN ON PARCEL MAP NO. 1011, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SUTTER COUNTY, CALIFORNIA, ON SEPTEMBER 5, 2002, IN BOOK 6 OF PARCEL MAPS, PAGE 91
PARCEL ONE (APN 055-240-002-000):

EXHIBIT A-2
WEST RAILROAD VILLAGE – TENTATIVE SUBDIVISION MAP
29

ATTACHMENT 4

The following criterion of development is proposed for West Railroad Ranch located on Railroad Avenue south of Bogue Road. The criteria below is the BSMP Low Density Residential Standard as shown on Table A-1 except for a few minor items. We highlighted the items that are different than BSMP. The Development Standards for West Railroad Ranch are as follows.:

Development Standards.

Maximum Density (R-2): General Plan Designation (14 units per acre) Minimum Density (R-2): General Plan Designation (6 dwelling per acre) Minimum Lot Size: For lots less than 2,999 square feet lots shall be 2,500 square feet for corner; 2,000 square feet for interior lots, cul-de-sac, and knuckle lots. For lots equal to or greater than 3,000 square feet lots shall be 3,500 square feet for corner; 3,000 square feet for interior lots, culde-sac, and knuckle lots.

Minimum Lot Width: For lots less than 2,999 square feet lots shall be 40 feet for interior lots and 45 feet for corner lots. For lots equal to or greater than 3,000 square feet lots shall be 50 feet for interior lots and 55 feet for corner lots. (*Lot width measured at the front property line except for lots on cul-de-sacs and knuckles where lot width is measured at the front setback).

Minimum Lot Depth: For lots less than 2,999 square feet lots shall be 60 feet. For lots equal to or greater than 3,000 square feet lots shall be 75 feet. (*Lot width measured at the front property line except for lots on cul-desacs and knuckles where lot width is measured at the front setback).

These refer to average minimum depth.

Maximum Percentage of
Lot Coverage:

In accordance with the Bogue Stewart Master Plan standards.

Maximum Building
Height:
2 stories not to exceed 45 feet, except as provided in Article 56 of the Yuba City Zoning Regulations. Accessory Dwelling Units (ADU) shall be in accordance with Yuba City Zoning Regulations.

Other accessory buildings shall not exceed 15 feet and not exceed one-story.

Minimum Yards: Front - 15 feet to back of sidewalk, except garages shall be 18.5 feet. Side loading garages can be 10 feet as long as the length of the driveway exceeds 18.5 from the back of sidewalk.

Street Side – 10 feet to back of sidewalk, except garage entrances shall be 18.5 feet.

Interior Side – 0 feet (attached) or 5 feet (detached), except fire place and media protrusions shall not less than 3 feet.

Rear – For lots less than 2,999 square feet lots shall be 5 feet. For lots equal to or greater than 3,000 square feet lots shall be 10 feet.

Distance Between
Buildings on Same Lot:

For lots less than 2,999 square feet lots shall be 10.0 feet for single story and 10.0 feet for two-story. For lots equal to or greater than 3,000 square feet lots shall be 10.0 feet for single story and 10.0 feet for two-story.

Exterior Lighting As provided in Article 58.

Fences, Walls, Hedges, and
Intersection Visibility
As provided in Article 59.

Off-street Parking and
Loading
As provided in Article 61.

Public Improvements As provided in Article 62.

Signs: As provided in Article 63.

Trash Enclosures As provided in Article 64.

If item is not listed or modified, the criteria shall meet or exceed the Bogue Stewart Master Plan Development Standards and Guidelines for Low-Medium Density Residential Development Standards.

ATTACHMENT 5

Environmental Assessment 23-07
Initial Study and Mitigated Negative Declaration for Tentative Subdivision Map 23- 02, West Railroad Village, and a Development Agreement. The proposal is to subdivide a 4.8-acre property into 21 duplex residential lots and six single-family residential lots for a total of 48 new residences.

Prepared for:

City of Yuba City
1201 Civic Center Blvd.

Yuba City, CA 95993
Prepared By:

Denis Cook
Land Use Planning Consultant
and
City of Yuba City
Development Services Department
Planning Division
January 2024

1 This page intentionally left blank.

2 Table of Contents

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

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

2.8 Specific Plan Designation .......................................................................................................... 8

2.9 Zoning........................................................................................................................................ 8 Project Description ................................................................................................................................. 12

2.10. Surrounding Land Uses and Setting ........................................................................................ 12

2.11. Other Public Agencies Whose Approval May be Required..................................................... 12

2.12. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? ............................................................ 12

2.13 Environmental Factors Potentially Affected:.......................................................................... 14

2.14 Evaluation of Environmental Impacts:.................................................................................... 15

3. Environmental Checklist and Impact Evaluation......................................................................... 17 Aesthetics................................................................................................................................ 17 Agricultural and Forestry Resources....................................................................................... 20 Air Quality ............................................................................................................................... 24 Biological Resources................................................................................................................ 36

3.5 Cultural Resources .................................................................................................................. 46

3.6 Energy ..................................................................................................................................... 51

3.7 Geology and Soils.................................................................................................................... 53

3.8 Greenhouse Gas Emissions..................................................................................................... 59

3 3.9 Hazards and Hazardous Materials .......................................................................................... 62

3.10 Hydrology and Water Quality ......................................................................................................... 68

3.11 Land Use and Planning............................................................................................................ 72

3.12 Mineral Resources .................................................................................................................. 74

3.13 Noise ....................................................................................................................................... 75

3.14 Population and Housing.......................................................................................................... 81

3.15 Public Services......................................................................................................................... 83

3.16 Recreation............................................................................................................................... 86

3.17 Transportation/Traffic............................................................................................................. 87

3.18 Tribal Cultural Resources........................................................................................................ 95

3.19 Utilities and Service Systems ................................................................................................ 100

3.20 Wildfire.................................................................................................................................. 105

3.21 Mandatory Findings of Significance...................................................................................... 107 4 Section References and/or Incorporated by Reference ............................................................ 109

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

1. Introduction
Introduction
This Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared to identify any potential environmental impacts in the City of Yuba City, California (City) from proposed Tentative Subdivision Map (TSM) 23-02, West Railroad Village, and a Development Agreement (collectively “Project”). The subdivision proposes to subdivide a 4.8-acre property into 21 duplex lots and six single-family residential lots, for a total of 48 new residences. The site currently has an orchard on it. The property is located on the west side of Railroad Avenue approximately 200 feet south of Bogue Road and is within the BogueSteward Master Plan (BSMP) area. All access to the property is from Railroad Avenue. The Project proposes an internal looped street with two Railroad Avenue connections. The property is subject to the criteria of the Bogue-Stewart Master Plan (BSMP), and it has full City services available to it.

The Development Agreement will extend the life of the tentative subdivision map to 10 years, with the potential for further extensions upon agreement of both parties, in exchange for the developer paying the City a fee of $2,300 per multiple-family residence and $3,200 per single-family residence for future neighborhood park development.

The applicant also proposes several revisions to the BSMP R-2 residential development standards including small reduction in certain driveway lengths and other minor revisions. As these are very minor revisions that are permitted in the specific plan and they are not environmental issues, they are not further discussed in this document.

This subdivision and development agreement is considered a project under the California Environmental Quality Act (CEQA), as the City has discretionary authority over the Project. The Project requires discretionary review by the City of Yuba City Planning Commission and City Council due to the Development Agreement.

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

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

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

As permitted by CEQA Guidelines, section 15168(c), this IS/MND relies on and tiers off of the EIR (State Clearinghouse (SCH) # 2017012009) previously prepared and certified for the Bogue-Stuart Master Plan which was adopted as a specific plan in 2019 (“BSMP EIR”). A copy of that EIR is available at the Development Services Department Office in City Hall, 1201 Civic Center Boulevard, Yuba City, and on the City’s website.

In addition to the approvals and entitlements granted through the approval of the BSMP, there were also two subdivisions concurrently approved – Newkom Ranch and Kells East Subdivisions, for which the BSMP EIR was prepared at the project level. The analysis of those subdivisions is in greater detail as it relates to land use intensities and related activities. The level of detail of the analyses of all other future discretionary projects within the BSMP is not addressed in the EIR at a project level, but instead at the program level, which is less detailed. That includes this Project. As the EIR was not prepared at the project level for this subdivision, CEQA requires this environmental document. This document is intended to determine whether this subdivision may cause additional impacts not previously addressed in the BSMP EIR.

This review of the TSM 23-02 -West Railroad Village Subdivision, relies on the BSMP EIR information and assumes that all relevant mitigations provided in the BSMP EIR are carried forward and applied to this Project. The primary purpose of this document is to determine if there are any additional impacts caused by this subdivision that was not anticipated in the EIR prepared for the BSMP.

The proposed BSMP is the primary land use, policy, and regulatory document used to guide the overall development within the BSMP area. It establishes a development framework for land use, mobility, utilities and services, resource protection, and implementation to promote the systematic and orderly

6 development of the plan area. All development projects, including this proposed subdivision, and related activities proposed within the plan area must be consistent with the BSMP.

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

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

Purpose of Document
The proposed tentative subdivision map and development agreement will undergo a public review process by the Planning Commission that, if approved, could ultimately result in 48 new residences being established on the property. This public review process is needed to assure that the Project will be compatible with existing or expected neighboring uses as established by the BSMP, and that adequate public facilities are available to serve the Project.

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

Code, Section 21000 et seq.) and the State CEQA Guidelines (Title 14 CCR §15000 et seq.). CEQA requires that all state and local government agencies consider the environmental consequences of projects over which they have discretionary authority before acting on those projects.

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

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

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

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

The Draft IS/ND and associated appendices will be available for review on the City of Yuba City website at http://www.yubacity.net. The Draft IS/MND, BSMP EIR and associated appendixes also will be available for review during regular business hours at the City of Yuba City Development Services Department (1201 Civic Center Boulevard, Yuba City, California 95993). The 20-day review period will commence on January 4, 2024, and end on January 24, 2024, at the conclusion of the Planning Commission hearing.

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

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

2. Project Description
Project Title
Tentative Subdivision Map (TSM) 23-02: West Railroad Village.

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

Yuba City, CA 95993
Contact Person and Phone Number
Doug Libby, AICP
Deputy Director of Development Services
(530) 822-3231
[email protected]
Project Location
The 4.8 acres are located on the west side of Railroad Avenue approximately 200 feet south of Bogue Road. Assessor’s Parcel Number (APN) 055-240-002.

8 Project Applicant
Junior Thiara
P.O. Box 3546
Yuba City, CA 95992
Property Owner
Junior Thiara
P.O. Box 3546
Yuba City, CA 95992
General Plan Designation
The Project is within the Low-Medium Density Residential (MDR) land use designation, which provides for a density range of six to 14 residences per acre. The proposed Project will be approximately 10 residences per acre.

2.8 Specific Plan Designation
Low-Medium Density Residential (MDR) land use designation.

2.9 Zoning
The Project is within the Two-Family Residential Zone District combined with the Specific Plan (BogueStewart Master Plan) Zone District (R-2 SP-BSMP).

BOGUE
R
AILR
O
A
D

JEFFREY
C
OLU
MB AI

SOUTHLAND

HASTINGS
TUSCAN
PA

CIF CI A

TRIDENT

CAMBRIDGE

MORRISON BEND
Project Site

8 Figure 3-2: Zoning Map

11 Figure 3: Tentative Subdivision Map 23-02

12 Project Description
Tentative Subdivision Map (TSM) 23-02, West Railroad Village, and a Development Agreement (collectively “Project”). The subdivision proposes to subdivide a 4.8-acre property into 21 duplex residential lots and six single-family residential lots, for a total of 48 new residences. The site, which currently has an orchard on it, is located on the west side of Railroad Avenue approximately 200 feet south of Bogue Roade and is within the Bogue-Steward Master Plan (BSMP) area. All access to the property is from Railroad Avenue. The Project proposes an internal looped street with two Railroad Avenue connections. The property is subject to the criteria of the Bogue-Stewart Master Plan (BSMP), and it has full City services available to it.

The Development Agreement will extend the life of the tentative subdivision map to 10 years, with the potential for additional time extensions upon agreement of both parties, in exchange for the developer paying the City a fee of $2,300 per multiple-family residence and $3,200 per single-family residence for future neighborhood park development.

The applicant also proposes several revisions to the BSMP R-2 residential development standards including small reduction in certain driveway lengths and other minor revisions. As these are very minor revisions that are permitted in the specific plan and they are not environmental issues, they are not further discussed in this document.

2.10. Surrounding Land Uses and Setting
Setting: The 4.80-acre flat property is currently farmed as an orchard. There are no structures on the property.

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

Central Valley Regional Water Quality Control Board.

2.12. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
Table 1: Bordering Uses
North: Eight single-story, single-family residences back-up to the common property line.

South: Agricultural land.

East: This property wraps around a ranchette sized lot with a single-family residence on it, and the subject site has access to Railroad Avenue on both sides of the ranchette lot.

West: Agricultural land

13 All geographically relevant Native American tribes were originally notified as part of the BSMP process for which there is a mitigation measure applied to this proposal. They were again timely notified of this Project for which consultation was not requested.

14 2.13 Environmental Factors Potentially Affected:

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

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

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

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

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

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

I find that, although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

January 4, 2024
Signature Date
Doug Libby, AICP, Deputy Director of Development Services Printed Name/Position

15 2.14 Evaluation of Environmental Impacts:

As stated above, this Initial Study relies upon and tiers off of the BSMP EIR, as permitted by CEQA Guidelines, sections 15168(c) and 15162. Therefore, the impact determinations in this Initial Study are in light of the analysis and identification of significant impacts in the BSMP EIR. Accordingly, this Initial Study focuses on whether this project may cause significant impacts that were not identified and or adequately analyzed in the BSMP EIR.

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

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

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

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

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

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

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

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

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

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

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

X
d) Create a new source of substantial light or glare,
which would adversely affect day or nighttime
views in the area?
X

3.1.1. Environmental Setting/Affected Environment
Background views are generally considered to be long-range views in excess of 3 to 5 miles from a vantage point. Background views surrounding the project site are limited due to the flat nature of the site and the surrounding urban landscape. Overall, the vast majority of Sutter County is relatively flat, with the Sutter Buttes being the exception. The Sutter Buttes, located approximately 10 miles northwest of the Project site, are visible from much of Yuba City and Sutter County. The Sutter Buttes comprise the long-range views to the northwest and are visible from the much of the City, except in areas where trees or intervening structures block views of the mountain range.

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

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

The Project is within the Bogue-Stewart Master Plan. Appendix A of the BSMP are the Development Standards and Guidelines. This chapter lays out the Development Standards and Guidelines to provide direction for the planning, design, and review of development within the BSMP area. The intent is to contribute towards the creation of a unified community that is characterized by high quality, diverse, attractive, and functional development.

In addition to the City’s General Plan and Bogue-Stewart Master Plan, the City provides citywide Design Guidelines. As the BSMP has specific design standards for all development within its boundaries, the citywide Design Guidelines are not utilized for this Project.

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

3.1.3. State Regulatory Setting
The California State Scenic Highway Program was created by the California Legislature in 1963 to preserve and protect scenic highway corridors from change which would diminish the aesthetic value of lands adjacent to highways. The state laws governing the Scenic Highway Program are found in the Streets and Highways Code, Section 260 et seq. The State Scenic Highway System includes a list of highways that are either eligible for designation as scenic highways or have been so designated. These highways are identified in Section 263 of the Streets and Highways Code. As there are no official scenic highways in the vicinity of this proposal so it is not further analyzed in this document.

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

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

An important part of the Standards is to base the lighting power that is allowed on how bright the surrounding conditions are. The eyes adapt to darker surrounding conditions, and less light is needed to properly see; when the surrounding conditions get brighter, more light is needed to see. The least power is allowed in Lighting Zone 1 and increasingly more power is allowed in Lighting Zones 2, 3, and 4. By

19 default, government designated parks, recreation areas and wildlife preserves are Lighting Zone 1; rural areas are Lighting Zone 2; and urban areas are Lighting Zone 3. Lighting Zone 4 is a special use district that may be adopted by a local government. The proposed Project is located in an urban area; thereby, it is in Lighting Zone 3.

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

The EIR for the BSMP noted that the developments within the BSMP would introduce urban development to the area which would substantially alter scenic vistas. Per the BSMP EIR the impact to scenic vistas was considered significant and unavoidable. Because there are no feasible mitigation measures to reduce this impact, overriding considerations were made for the significant impacts on scenic resources.

As this Project is consistent with the land use pattern and design called for in the BSMP, this Project will not add to those impacts identified in the EIR. As such this subdivision will not create any additional significant impacts on scenic resources over what has already been identified in the BSMP EIR. Therefore, the impacts on scenic resources above what was anticipated in the BSMP EIR will be less than significant. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
Per the BSMP EIR, new development would cause the loss of orchard land, thereby substantially changing the visual character of the area, which would result in a significant impact. Because there are no feasible mitigation measures to reduce this impact, overriding considerations were made for the significant impacts regarding the reduction in scenic values.

As this Project is consistent with the land use pattern and design called for in the BSMP, this Project will not add to those impacts identified in the BSMP EIR. As such this subdivision will not create any additional significant impacts on scenic resources over what has already been identified in the BSMP EIR. Therefore, the impacts on scenic resources above what was anticipated in the BSMP EIR will be less than significant. c) In non-urbanized areas, substantially degrade the existing visual character of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point. If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality.

Same as a) and b), above.
d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area.

The area is generally dark at night with most existing sources of light from rural residential uses. Per the BSMP EIR, development within the Plan area would create new sources of light and glare from streetlights, vehicle headlights, landscape lighting and residential lighting. Because this would permanently increase

20 nighttime lighting, and no feasible mitigation measures are available to preserve nighttime view while still allowing for urban development, this impact would be significant and unavoidable.

As this Project is consistent with the land use pattern and design called for in the BSMP, this Project will not add to those impacts identified in the EIR. As such this subdivision will not create any additional significant impacts on scenic resources over what has already been identified in the BSMP EIR. Therefore, the impacts on scenic resources above what was anticipated in the BSMP EIR will be less than significant.

3.1.5. BSMP Mitigation Measures for Scenic Resources from the BSMP EIR None Available.

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

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

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

21 3.2.1. Environmental Setting/Affected Environment
Sutter County is located within the northern portion of California’s Central Valley in the area known as the Sacramento Valley. It contains some of the richest soils in the State. These soils, combined with abundant surface and subsurface water supplies and a long, warm growing season, make Sutter County’s agricultural resources very productive. Sutter County is one of California’s leading agricultural counties, with 83 percent of the County’s total land acreage currently being used for agricultural purposes.

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

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

Most of these programs are authorized and funded through 2018.

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

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

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

California Department of Conservation, Division of Land Resource Protection: The California Department of Conservation (DOC) applies the NRCS soil classifications to identify agricultural lands, and these agricultural designations are used in planning for the present and future of California’s agricultural land

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

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

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

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

California Land Conservation Act (Williamson Act): The California Land Conservation Act of 1965, commonly referred to as the Williamson Act, is promulgated in California Government Code Section 51200‐51297.4, and therefore is applicable only to specific land parcels within the State of California. The Williamson Act enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space uses in return for reduced property tax assessments. Private land within locally designated agricultural preserve areas is eligible for enrollment under Williamson Act contracts. However, an agricultural preserve must consist of no less

23 than 100 acres. In order to meet this requirement two or more parcels may be combined if they are contiguous, or if they are in common ownership.

The Williamson Act program is administered by the Department of Conservation (DOC), in conjunction with local governments, which administer the individual contract arrangements with landowners. The landowner commits the parcel to a 10‐year period, or a 20-year period for property restricted by a Farmland Security Zone Contract, wherein no conversion out of agricultural use is permitted. Each year the contract automatically renews unless a notice of non‐renewal or cancellation is filed. In return, the land is taxed at a rate based on the actual use of the land for agricultural purposes, as opposed to its unrestricted market value. An application for immediate cancellation can also be requested by the landowner, provided that the proposed immediate cancellation application is consistent with the cancellation criteria stated in the California Land Conservation Act and those adopted by the affected county or city. Non‐renewal or immediate cancellation does not change the zoning of the property.

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

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

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

3.2.4. Impact Assessment/Environmental Consequences:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
The 2018 Department of Conservation Important Farmland Map for Sutter County identifies the 4.8-acre Project site as “Unique Farmland.” The proposed Project site is currently utilized as an orchard. The BSMP identifies this area for urban development – specifically for medium density residential development, as is also provided in the General Plan. The EIR for the BSMP considered the impacts on agricultural land to be significant and unavoidable but made overriding considerations for the significant impacts. As the Project proposal is consistent with the BSMP, and the BSMP EIR considered this land to be completely removed from agricultural use, this subdivision will not create any additionalsignificant impacts over what has already been identified regarding the loss of agricultural land. Therefore, the impact on agricultural land above what was anticipated in the BSMP EIR will be less than significant. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? The proposed Project site and surrounding area is currently zoned for urban type uses and is not under a Williamson Act contract. There will therefore be no impact related to a Williamson Act contract.

24 c) Conflict with existing zoning for, or cause rezoning of, forestland (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4256), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? The proposed Project is located in the Sacramento Valley in a relatively flat area that is being utilized for agriculture. There is no timberland located on the Project site or within the vicinity of the Project. There will be no impact on existing zoning of forestland and the proposed Project will not cause the rezoning of any forestlands.
d) Result in the loss of forestland or conversion of forest land to non-forest use? There is no forested land on the Project site or within the vicinity of the Project; therefore, there will be no impact on forest land.
e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? The proposed Project is currently utilized for agriculture and this Project will cause the land to be converted from agricultural use to urban use. The site is within the BSMP, designated for urban development. See Part a) above for discussion on the loss of agricultural land. There are no forestlands on the Project site or in the vicinity.

3.2.5. BSMP Mitigation Measures for Agricultural and Forestry Resources from the BSMP EIR None Available.

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

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

25 3.3.1. Environmental Setting/Affected Environment
Yuba City is located within the Sacramento Valley Air Basin (SVAB), which consists of the northern half of the Central Valley and approximates the drainage basin for the Sacramento River and its tributaries. The SVAB is bounded on the west by the Coast Range, on the north by the Cascade Range, on the east by the Sierra Nevada, and on the south by the San Joaquin Valley Air Basin. The intervening terrain is flat, and approximately 70 feet above sea level. The SVAB consists of the counties of Butte, Colusa, Glenn, Sacramento, Shasta, Sutter, Tehama, Yolo, and Yuba and portions of Placer and Solano Counties.

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

In addition to prevailing wind patterns that control the rate of dispersion of local pollutant emissions, the region experiences two types of inversions that affect the vertical depth of the atmosphere through which pollutants can be mixed. In the warmer months in the SVAB (May through October), sinking air forms a "lid" over the region. These subsidence inversions contribute to summer photochemical smog problems by confining pollution to a shallow layer near the ground. These warmer months are characterized by stagnant morning air or light winds with the delta sea breeze arriving in the afternoon out of the southwest. Usually, the evening breeze transports the airborne pollutants to the north and out of the SVAB. During about half of the day from July to September, however, a phenomenon called the “Schultz Eddy” prevents this from occurring. Instead of allowing the prevailing wind patterns to move north carrying the pollutants out of the valley, the Schultz Eddy causes the wind pattern to circle back south.

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

26 winds are from the south. This is primarily because of the north-south orientation of the valley and the location of the Carquinez Straits, a sea-level gap in the coast range that is southwest of Sutter County.

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

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

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

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

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

Nitrogen oxides can also be formed naturally.

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

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

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

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

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

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

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

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

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

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

3.3.3. State Regulatory Setting
California Air Resources Board: The California Air Resources Board (CARB) is the state agency responsible for implementing the federal and state Clean Air Acts. CARB has established California Ambient Air Quality Standards (CAAQS), which include all criteria pollutants established by the NAAQS, but with additional

28 regulations for Visibility Reducing Particles, sulfates, hydrogen sulfide (H2S), and vinyl chloride. The proposed Project is located within the Sacramento Valley Air Basin, which includes Butte, Colusa, Glenn, Tehama, Shasta, Yolo, Sacramento, Yuba Sutter and portions of Placer, El Dorado and Solano counties. Air basins are classified as attainment, nonattainment, or unclassified. The FRAQMD is comprised Sutter and Yuba Counties. Attainment is achieved when monitored ambient air quality data is in compliance with the standards for a specified pollutant. Non-compliance with an established standard will result in a nonattainment designation and an unclassified designation indicates insufficient data is available to determine compliance for that pollutant.

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

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

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

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

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

The FRAQMD adopted its Indirect Source Review guidelines document for assessment and mitigation of air quality impacts under CEQA in 1998. The guide contains criteria and thresholds for determining whether a project may have a significant adverse impact on air quality, and methods available to mitigate impacts on air quality. FRAQMD updated its Indirect Source Review Guidelines to reflect the most recent

29 methods recommended to evaluate air quality impacts and mitigation measures for land use development projects in June 2010. This analysis uses guidance and thresholds of significance from the 2010 FRAQMD Indirect Source Review Guidelines to evaluate the proposed project’s air quality impacts.

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

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

Health and Safety Code Section 41503(b): Requires that control measures for the same emission sources are uniform throughout the planning area to the extent that is feasible. To meet this requirement, the NSVPA has coordinated the development of an Attainment Plan and has set up a specific rule adoption protocol. The protocol was established by the Technical Advisory Committee of the Sacramento Valley Basin-wide Air Pollution Control Council and the Sacramento Valley Air Quality Engineering and Enforcement Professionals, which allow the Districts in the Basin to act and work as a united group with the CARB as well as with industry in the rule adoption process. Section 40912 of the Health and Safety Code states that each District responsible for, or affected by, air pollutant transport shall provide for attainment and maintenance of the state and federal standards in both upwind and downwind Districts.

This section also states that each downwind District’s Plan shall contain sufficient measures to reduce emissions originating in each District to below levels which violate state ambient air quality standards, assuming the absence of transport contribution
Construction Generated Emissions of Criteria Air Pollutants: The District recommends the following best management practices:
 Implement the Fugitive Dust Control Plan.
 Construction equipment exhaust emissions shall not exceed FRAQMD Regulation III, Rule 3.0,  Visible Emissions limitations (40 percent opacity or Ringelmann 2.0).  The contractor shall be responsible to ensure that all construction equipment is properly tuned and maintained prior to and for the duration of onsite operation.  Limiting idling time to 5 minutes – saves fuel and reduces emissions.  Utilize existing power sources or clean fuel generators rather than temporary power generators.

30  Develop a traffic plan to minimize traffic flow interference from construction activities. The plan may include advance public notice of routing, use of public transportation, and satellite parking areas with a shuttle service. Schedule operations affecting traffic for off-peak hours. Minimize obstruction of through-traffic lanes. Provide a flag person to guide traffic properly and ensure safety at construction sites.
 Portable engines and portable engine-driven equipment units used at the project work site, with the exception of on-road and off-road motor vehicles, may require California Air Resources Board (ARB) Portable Equipment Registration with the State or a local district permit. The owner/operator shall be responsible for arranging appropriate consultations with the ARB or the District to determine registration and permitting requirements prior to equipment operation at the site.

3.3.5. Impact Assessment/Environmental Consequences:
a) Conflict with or obstruct implementation of the applicable air quality plan? Development of the site will include site grading and construction of 21 duplexes and six single-family residences. Per the EIR prepared for the BSMP, development of the proposed BSMP area would result in emissions of ROG, NOx and PM10 that would exceed the FRAQMD significance thresholds. Consequently, construction of any of the land uses consistent with the BSMP would result in a significant impact.

Over the long-term, the EIR states that the BSMP area would result in an increase in emissions primarily due to Project-related motor vehicle trips and on-site use of energy sources (e.g., natural gas combustion for space and water heating, landscape maintenance), and use of consumer products such as hairsprays, deodorants, cleaning products). Based on the estimates for the developed BSMP’s area, criteria pollutant contribution to regional air quality would exceed the significance thresholds specified by the FRAQMD and would be significant.

Implementation of the mitigation measures that are provided below would reduce the predicted level of emissions for construction of the BSMP. Although these mitigation measures would reduce the proposed BSMP’s emissions of ROG, NOx and PM10, these mitigation measures would not reduce operational emissions to below the FRAQMD’s significance thresholds. Therefore, operation of the BSMP would generate emissions of ROG, NOx and PM10 that would exceed the FRAQMD significance thresholds and result in a significant and unavoidable impact for which overriding considerations were made. The proposed West Railroad Village Subdivision is consistent with the land use pattern and is within the residential density range anticipated by the BSMP. As such, the Project will not generate any significant impacts above what was anticipated by the BSMP EIR, provided the appropriate mitigations from the BSMP EIR are applied to the subdivision.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? The BSMP EIR states that the development within the BSMP would result in an increase in some of the criteria pollutants. The six criteria pollutants are ozone (O3), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), particulate matter, and lead. The incremental build-out of the proposed BSMP project, even with the implementation of various mitigation measures, would result in emissions of some criteria pollutants that would exceed the significance thresholds specified by the FRAQMD, creating significant impacts for which overriding considerations where made. The proposed West Railroad Village

31 Subdivision is consistent with the land use pattern and residential density anticipated by the BSMP. As such the Project is not expected to generate any significant impacts above what was anticipated by the BSMP EIR, provided the appropriate mitigations from the BSMP EIR are applied to the subdivision. c) Expose sensitive receptors to substantial pollutant concentrations? The FRAQMD defines sensitive receptors as: facilities that house or attract children, the elderly, and people with illnesses, or others who are especially sensitive to the effects of air pollutants. FRAQMD states that if a project is located within 1,000 feet of a sensitive receptor location, the impact of diesel particulate matter shall be evaluated. According to the FRAQMD’s Indirect Source Review Guidelines, “Construction activity can result in emissions of particulate matter from the diesel exhaust (diesel PM) of construction equipment. This Project is not located within 1,000 feet of the two schools in the vicinity, Riverbend Middle School and Grace Christian Academy, so the impact on sensitive receptors will be less than significant.
d) Result in other emissions such as those leading to odors adversely affecting a substantial number of people?
The proposed BSMP does not permit uses in residential areas that have been identified by FRAQMD as potential sources of objectionable odors. In addition, the BSMP area is not located within one mile of any facilities or uses known to generate objectionable odors. Diesel equipment used during construction can produce odorous exhaust, but equipment use in any one area of the BSMP site would be temporary and potential odors would not affect a substantial number of people. Therefore, construction and operation of the proposed subdivision would not generate objectionable odors, resulting in impacts that are less than significant.

3.3.6. BSMP Mitigation Measures for Air Quality
The following mitigation measures are those listed in the BSMP EIR that are relative to residential development and are applied to this Project:

Mitigation Measure 3.3-1(a): Fugitive Dust Control Plan During the construction of the BSMP, individual project applicants shall submit to FRAQMD a Fugitive Dust Control Plan with the following mitigation measures to be implemented:
a) All grading operations on a project shall be suspended when sustained winds exceed 20 miles per hour (mph) or when winds carry dust beyond the property line despite implementation of all feasible dust control measures;
b) Construction sites shall be watered as directed by the FRAQMD and as necessary to prevent fugitive dust violations;
c) An operational water truck shall be on-site at all times. Water shall be applied to control dust as needed to prevent visible emissions violations and off-site dust impacts; d) On-site dirt piles or other stockpiled particulate matter shall be covered, wind breaks installed, and water and/or soil stabilizers employed to reduce wind-blow dust emissions. The use of

32 approved nontoxic soil stabilizers shall be incorporated according to manufacturers’ specifications to all inactive construction areas;
e) All transfer processes involving a free fall of soil or other particulate matter shall be operated in such a manner as to minimize the free fall distance and fugitive dust emissions; f) Approved chemical soil stabilizers shall be applied according to the manufacturers’ specifications to all inactive construction areas (previously graded areas that remain inactive for 96 hours), including unpaved roads and employee/equipment parking areas; g) To prevent track-out, wheel washers shall be installed where project vehicles and/or equipment exit onto paved streets from unpaved roads. Vehicles and/or equipment shall be washed before each trip. Alternatively, a gravel bed may be installed as appropriate at vehicle/equipment site exit points to effectively remove soil buildup on tires and tracks and prevent/diminish track-out; h) Paved streets shall be swept frequently (water sweeper with reclaimed water recommended; wet broom permitted) if soil material has been carried onto adjacent paved, public thoroughfares from the project site;
i) Temporary traffic control shall be provided as needed during all phases of construction to improve traffic flow, as deemed appropriate by the appropriate department of public works and/or California Department of Transportation (Caltrans), and to reduce vehicle dust emissions. An effective measure is to enforce vehicle traffic speeds at or below 15 mph; j) Traffic speeds on all unpaved surfaces shall be reduced to 15 mph or less, and unnecessary vehicle traffic shall be reduced by restricting access. Appropriate training to truck and equipment drivers, on-site enforcement, and signage shall be provided;
k) Ground cover shall be reestablished on the construction site as soon as possible and before final occupancy through seeding and watering; and
l) Open burning shall be prohibited at the project site. No open burning of vegetative waste (natural plant growth wastes) or other legal or illegal burn materials (e.g., trash, demolition debris) may be conducted at the project site. Vegetative wastes shall be chipped or delivered to waste-toenergy facilities (permitted biomass facilities), mulched, composted, or used for firewood. It is unlawful to haul waste materials off-site for disposal by open burning.

Mitigation Measure 3.3-1(b): Control Exhaust Emissions
Construction equipment exhaust emissions shall not exceed FRAQMD Regulation III, Rule 3.0, Visible Emissions Limitations (40 percent opacity or Ringelmann 2.0). Operators of vehicles and equipment found to exceed opacity limits shall take action to repair the equipment within 72 hours or remove the equipment from service. Failure to comply may result in a notice of violation from FRAQMD.

Mitigation Measure 3.3-1(c): Limit Equipment Idling
Construction contracts within the BSMP shall limit idling time to 5 minutes in accordance with ARB airborne air toxic control measure 13 (CCR Chapter 10 Section 2485) unless more time is required per engine manufacturers’ specifications or for safety reasons.

33 Mitigation Measure 3.3-1(d): Equipment Registration
Portable engines and portable engine-driven equipment units used by construction contractors within the BSMP site, with the exception of on-road and off-road motor vehicles, may require ARB Portable Equipment Registration with the state or a local district permit. The owner/operator of the equipment shall be responsible for arranging appropriate consultations with ARB or the FRAQMD to determine registration and permitting requirements before the equipment is operated at the site.

Mitigation Measure 3.3-1(e): Equipment Emissions Plan
During the construction of the BSMP, individual project applicants shall assemble a comprehensive inventory list (i.e., make, model, engine year, horsepower, emission rates) of all heavy-duty off-road (portable and mobile) equipment (50 horsepower and greater) that will be used an aggregate of 40 or more hours for a construction project. Applicants shall provide a plan for approval by FRAQMD demonstrating that the heavy-duty (equal to or greater than 50 horsepower) off-road equipment to be used for construction, including owned, leased, and subcontractor vehicles, will achieve a projectwide fleet-average 20 percent NOx reduction and 45 percent particulate reduction compared to the most recent ARB fleet average at the time of construction.

These equipment emission reductions can be demonstrated using the most recent version of the Construction Mitigation Calculator developed by the SMAQMD. Acceptable options for reducing emissions may include use of late-model engines, low emission diesel products, alternative fuels, engine retrofit technology (Carl Moyer Guidelines), after-treatment products, voluntary off-site mitigation projects, the provision of funds for air district off-site mitigation projects, and/or other options as they become available. In addition, implementation of these measures would also result in a 5 percent reduction in ROG emissions from heavy-duty diesel equipment. FRAQMD shall be contacted to discuss alternative measures.

Mitigation Measure 3.3-2: Implement Operational Mitigation Measures The project applicant(s) for tentative subdivision maps and development projects proposed under the BSMP shall implement the mitigation measures, as applicable to the proposed subdivision map or development project. At the time entitlements are sought, the City will evaluate measures below, determine which measures are applicable, and include those measures as conditions of approval or some other enforceable mechanism. All feasible measures listed below shall be incorporated into subdivision maps and development projects within the BSMP. a) Subdivision maps and development projects located in areas designated Community Commercial, Neighborhood Commercial, Office Park, and Business Park shall be developed in coordination with local transit providers to ensure proper placement and design of transit stops and accommodate public transit for both employees and patrons.
b) Subdivision maps and improvement plans shall be designed to provide convenient and safe bicycle, pedestrian, and transit access between neighborhoods and areas designated Community Commercial, Neighborhood Commercial, Office Park, and Business Park, as well as parks, trails, and other destinations.

34 c) Subdivision maps and development projects within Community Commercial and Neighborhood Commercial areas shall distribute proposed parking and not concentrate parking exclusively between the front building façade and the primary abutting street where feasible. d) Cul-de-sacs are allowed only where they would not create a barrier for pedestrian and bicycle access or circulation between homes and destinations.
e) Employment generating projects that anticipate more than 50 full-time equivalent employees shall participate in the Yuba-Sutter Transportation Management Association. f) Subdivision maps and improvement plans shall be designed to accommodate safe and frequent pedestrian crosswalks, with more frequent crossings in areas expected to have higher pedestrian traffic, such as schools, parks, trail connections, higher-density residential areas, and areas with retail, services, office uses, and other non-residential uses. g) Subdivision maps and improvement plans shall be designed to discourage concentration of traffic at a few intersections. Multiple points of access shall be provided whenever feasible. Roads shall be arranged in an interconnected block pattern. The maximum average block length in subdivisions is 600 feet unless unusual existing physical conditions warrant an exception to this standard, but shorter block lengths should be used around areas designated Community Commercial and Neighborhood Commercial.
h) Subdivision maps and improvement plans shall be designed to connect with adjacent roadways and stubbed roads and shall provide frequent stubbed roadways in coordination with future planned development areas.
i) Subdivision maps and development projects within Community Commercial and Neighborhood Commercial areas shall be designed to minimize the amount of on-site land required to meet parking, internal circulation, and delivery/loading needs. j) Subdivision maps and development projects within Community Commercial and Neighborhood Commercial areas shall be designed to break up any proposed surface parking with landscaping and provide pedestrian routes from parking areas to building entrances. k) The City will reduce the amount of off-street parking required or eliminate off-street parking requirements for projects that propose housing units restricted to lower-, very low-, or extremely low-income households.
l) Residential subdivision maps shall orient the majority of buildings so that the longer axis of the building, also known as the ridge line, is oriented east-to-west, in order to maximize the potential for passive solar heating in the winter and to minimize heat gain from the afternoon summer sun. m) Subdivision maps and development projects proposing off-street surface parking lots shall incorporate shade trees or shade structures to provide a minimum of 50 percent shading (at maturity, where trees are used).
n) Subdivision maps and development projects shall use climate-appropriate landscaping in parks and open space, landscaping within new rights of way, yards, and other appropriate spaces.

35 o) Provide secure, covered bicycle parking for employees of projects located in areas designated Community Commercial, Neighborhood Commercial, Office Park, and Business Park. This may consist of a separate secure, covered bicycle parking area at each employment location or larger shared bicycle parking area/s located and designed to serve multiple locations. p) Shower and locker facilities shall be provided for employees of projects located in areas designated Community Commercial, Neighborhood Commercial, Office Park, and Business Park.

This may be achieved by incorporating a shower and locker facility into the design of each proposed use, or facilities located and designed to serve multiple locations. q) Residential development that proposes fireplaces shall use the lowest emitting commercially available fireplace.
r) Provide electric vehicle charging facilities and priority parking at non-residential uses for electric and carpool/vanpool vehicles.

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

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

3.4.1 Environmental Setting/Affected Environment
The 4.8 acres are currently planted as an orchard and is located on the fringe of the existing Yuba City urbanized area. There are single-family residences bordering the Project’s north and east side.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.4.4 Impact Assessment/Environmental Consequences:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? The BSMP EIR identifies several species in these categories that could potentially be located within the BSMP area. The EIR considers new development allowed by the BSMP that would substantially reduce or eliminate those species or their habitats to be potentially significant impacts. Those species are as follows:

Elderberry Beetle. Although the reconnaissance survey of the BSMP project site did not identify any elderberry shrubs, the biological survey was reconnaissance in nature and a comprehensive pedestrian or protocol-level survey was not conducted. Further, over time elderberry shrubs could grow and be present prior to the initiation of construction of an individual project developed under the proposed BSMP. Therefore, there is the potential for elderberry shrubs to occur on the Project site. Elderberry shrubs within 165 feet of the Project area could impact valley elderberry longhorn

39 beetle as a result of project activities. Project activities include, but are not limited to the individual Project site, staging areas, spoils sites, and construction access. This would be a significant impact.

Mitigation Measure 3.4-2 would ensure that individual projects developed pursuant to the proposed BSMP avoids or reduces the magnitude of impacts to the federally listed valley elderberry longhorn beetle by avoiding impacts to the elderberry shrubs, their host plants, by transplanting during the dormant season, or by mitigating for removal of shrubs. Therefore, this impact would be reduced to a less-than-significant level.

Migratory birds and other birds of prey. These birds are protected under the MBTA and/or Section 3503 of the California Fish and Game Code could nest on or in the vicinity of the BSMP project site. If birds nest in the construction footprint of the Project developed pursuant to the proposed BSMP (i.e., individual project site, staging areas, spoils sites, construction access, etc.) and construction were to occur during the nesting season (February 1 through August 31) direct mortality could result from removal or damage to eggs or young. Implementation of any element of the BSMP could affect migratory bird nests should they be present in the buildings and outbuildings, if proposed for demolition, in the annual grassland, if proposed for vegetation grading, or in the trees associated with the urban areas, agricultural land, and oak woodland, if proposed for removal, through direct mortality because of removal of or damage to eggs or young. This would be a significant impact.

Mitigation Measure 3.4-3 would ensure that the Project avoid or reduces the magnitude of impacts to migratory birds and birds of prey through clearing vegetation outside of the nesting season or conducting preconstruction surveys if vegetation clearing is anticipated during the nesting season, and establishing a no-work buffer if birds are observed nesting in the vicinity of the construction footprint. Therefore, this impact would be reduced to a less-than-significant level.

Bats. Bats have the potential to roost in the buildings, outbuildings, and trees within the BSMP area.

Implementation of the proposed Project could result in direct mortality of roosting bats should they be present in the buildings, outbuildings, and trees proposed for removal. This is considered a significant impact.

Mitigation Measure 3.4-4 would ensure that the Project is developed pursuant to the BSMP and avoids or reduces the magnitude of impacts to special-status bats by delaying tree or building removal until the roosting bats vacate the buildings/trees. Therefore, this impact would be reduced to a lessthan-significant level.

Oak trees. The EIR prepared for the BSMP identifies the loss of native oak trees as a significant impact.

A review of the site provided that there are no native oaks trees on the orchard property and thus there is no impact from the loss of oak trees.

Rare plant species. Non-native annual grassland within the final phase of the BSMP provides habitat for the following species: dwarf downingia (blooms March through May) and Ferris’ mile-vetch (blooms April through May). The non-native grassland and oak woodland within the final phase provide habitat for Baker’s navarretia (blooms April through July) and Hartweg’s golden sunburst (blooms March through April). If these species are present and are not identified and appropriately managed, grading, or other ground disturbance related to development under the proposed BSMP would result in the removal of the species. This is considered a significant impact.

Mitigation Measure 3.4-6 would ensure that the Project avoids or mitigates for impacts to specialstatus plants by avoiding, relocating, or mitigating for any potentially occurring special-status plants.

Therefore, this impact would be reduced to a less-than-significant level.

40 Loss of Swainson Hawk habitat: Per the BSMP EIR the California Department of Fish and Wildlife considers 5 or more vacant acres within 10 miles of a Swainson’s hawk nest active within the last five years to be significant foraging habitat for Swainson’s hawk, the conversion of which to urban uses is considered a significant impact. As the Project is 4.8 acres the potential loss of habitat would be less than significant.

Cumulative loss of wildlife habitat. As development within the Central Sacramento Valley continues, habitat for plant and wildlife species native to the region will be lost through conversion to urban environment. Although more mobile species may be able to survive these changes in their environment by moving to new areas, less mobile species could become extirpated. With continued conversion of natural habitat to urban and agricultural use, the availability and accessibility of habitat would decrease. Although the majority of the existing Project site supports land that has already been converted to agricultural land, the annual grassland and oak woodland areas could potentially be used by special-status bird species, including Swainson’s hawk, burrowing owl, northern harrier, song sparrow, and white-tailed kite for foraging and nesting and by special-status plants, if present within these habitat types. In addition, elderberry shrubs, which are sole hosts of elderberry longhorn beetle, could be present within and adjacent to the Project site. The project site also supports potentially jurisdictional waters of the U.S. Construction of the proposed Project could result in the loss and/or degradation of sensitive habitats including waters of the U.S. Construction of the proposed Project, in combination with other development projects in the vicinity could, therefore, contribute to the fragmentation and loss of regional biodiversity through the incremental conversion of natural habitat for special-status species to urban development, and thereby limit the availability and accessibility of remaining habitats to regional wildlife.

The loss of land supporting areas of natural habitat will overcome any one project’s ability to compensate for lost habitat values. Therefore, the loss of plant and wildlife habitat and waters of the U.S. as a result of implementation of the proposed project is cumulatively considerable, resulting in a significant and unavoidable impact. Overriding considerations were made with the BSMP approval process. As this Project is consistent with the BSMP land uses, policies, and programs, the impact from the West Railroad Village Subdivision on biological resources would not create any additional significant impacts.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
See Section a) above for impacts on specific species and habitat types c) Have a substantial adverse effect on states or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
Regarding wetlands, a reconnaissance level survey of the BSMP area was prepared for the BSMP EIR.

Aerial imagery of the areas of the BSMP not accessed during the reconnaissance survey indicate similar land cover and land uses as the portions of the plan area that were surveyed, and do not display visual indicators of potential wetlands or waterways. Per the EIR though, there remains the potential that some wetland features may exist in the areas not surveyed (includes this Project). Fill or disturbance to a potential wetland or other water of the U.S. is considered a significant impact. To reduce this potential impact to a less than significant level Mitigation Measure 3.4-1 requires that the Project achieve a no net

41 loss of wetlands through avoidance and/or mitigation. Therefore, this impact would be reduced to a lessthan-significant level. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
The proposed Project would not disturb any waterways, as the nearest waterway is the Feather River, being approximately one mile to the east. As stated in the BSMP EIR, Project implementation would not interfere substantially with the movement of any native resident or migratory wildlife species because the BSMP area does not contain any wildlife movement corridors. Per the BSMP EIR the BSMP area also does not contain any known wildlife nurseries, such as deer fawning sites. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No trees or other known biological resources that would be protected by local policies or ordinances that are not already discussed above are within the BSMP area, including this Project site. Therefore, there would be no significant impacts due to conflicts with local policies or ordinances. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? There are no adopted habitat conservation plans, natural community conservation plans, or any other approved local, regional, or state habitat conservation plans in the vicinity of this Project.

3.4.1. BSMP Mitigation Measures for Biological Resources from the BSMP EIR Mitigation Measure 3.4-1: Protection of Jurisdictional Waters and Wetlands a) Prior to grading activities, the City shall require the project applicant [for an individual project pursuant to the BSMP] to prepare a formal aquatic resources delineation in accordance with the USACE Minimum Standards for Acceptance of Aquatic Resources Delineation Report for all areas of the individual development project site to determine if any wetlands or other waters of the U.S. potentially subject to Sections 401 and 404 of the CWA exist on that site. If no potential wetlands or other waters of the U.S. are identified, a report shall be submitted to the City for its records and no additional measures are required. If the formal aquatic resources delineation identifies potentially jurisdictional features on an individual project site, then measure 3.4-1(b) shall be implemented (below). If potential canals, streams, or lakes are identified that may be impacted by project activities, mitigation 3.4-1(c) shall also be implemented. b) If the formal aquatic resources delineation identifies potentially jurisdictional features on an individual development project site, then the report shall be submitted to the USACE for verification and issuance of a jurisdictional determination. If any wetlands or waters are determined to be under the jurisdiction of the USACE or the RWQCB and may be impacted by project development, then the individual project applicant shall obtain Section 404/401 permits based on the jurisdictional determination with the appropriate regulatory agency for the potentially impacted features. During the permitting process, mitigation measures shall be