Agenda packet — Yuba City City Council, September 17, 2024 (part 2 of 4)

5 7. Effective Date of Resolution: This Resolution shall become final and effective upon Council Approval as noted in item six.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 17th day of September 2024.

Ayes:

Noes:

Absent:

Recused:
_____________________________
Shon Harris, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY

_________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachments:

Exhibit A: DP 24-01 Site Plan and building elevations
Exhibit B: DP 24-01 Mitigation Measures and Conditions of Approval

Page 141 of 426 ends

(;+,%,7$

Page 142 of 426 ends

VAN
FUTURE

DN DN DN DN
DN
DN
DN
DN
DN
VAN

HARTER PARKWAY
875 HARTER PARKWAY
YUBA CITY, CALIFORNIA 95993
95% CONSTRUCTION

DOCUMENTS

NOT FOR CONSTRUCTION
2024/01/18
23-2029

CAREER TRAINING

CENTER FOR

A PROPOSED
Date Issued
Project No.

Scale
SHEET No.

Drawn By
Copyright C 2024
All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by, and the property of, NICHOLS, MELBURG and ROSSETTO and were created, evolved and developed for use on, and in conjunction with, the specified project. None of such ideas, designs, arrangements or plans shall be used by, or disclosed to any person, firm or corporation for any purpose whatsoever without the written permission of NICHOLS, MELBURG and ROSSETTO.

DRAWING STATUS

SHEET TITLE

PROJECT NAME

LICENSE STAMPS
http://www.nmrdesign.com
555 Main Street, Suite 300
Chico, CA. 95928
(530) 891-1710 (530) 891-0138 FAX

CONSULTANT
DSA NO. XX-XXXXXX

IN PARTNERSHIP WITH
www.hilbersinc.com
770 N. Walton, Suite 100
Yuba City, CA 95993
(530) 673-2947 (530) 674-4141 FAX
If drawing is not 42" x 30" it is a reduced print
Delta Description Date Delta

REVISIONS
Date

OVERALL

NEW SITE PLAN

KRR/DAR/CSL
1" = 20'-0"
A010
LEGEND
-
A031
-
A033

SHEET NOTES
NORTH
NEW SITE PLAN SCALE: 1" = 20'-0"
NEW CONCRETE SIDEWALK WITH 2% MAX. SLOPE IN ANY DIRECTION - SEE X/A060 AND CIVIL DRAWINGS FOR MORE INFORMATION

NEW LANDSCAPE TURF AND VEGETATION AREA
NEW CLASSROOM BUILDING - SEE SHEET A200 SERIES FOR OVERALL

FLOOR PLANS

EXISTING CONCRETE SIDEWALK AT PUBLIC WAY TO REMAIN -
PROTECT IN PLACE THROUGHOUT CONSTRUCTION, U.O.N.

EXISTING ASPHALT PAVING AT PUBLIC WAY TO REMAIN

EXISTING BUILDINGS TO REMAIN

EXISTING FENCE TO REMAIN
PROPERTY LINE 1 NEW PUBLIC WAY - SEE CIVIL DRAWINGS
1 2
3 STUDENT PARKING LOT WITH 124 PARKING SPACES
4 STAFF PARKING LOT WITH 47 PARKING SPACES
2 3

PARKING CALCULATIONS

STUDENT PARKING LOT
TOTAL PARKING SPACES = 124
REQUIRED ACCESSIBLE PARKING SPACES (PER 2022 CBC, TABLE 11B-208.2) = 5 PROVIDED ACCESSIBLE PARKING SPACES = 5 5 > 5 OKAY
REQUIRED VAN ACCESSIBLE PARKING SPACES (PER 2022 CBC, SECTION 11B-208.2.4) = 1 PROVIDED VAN ACCESSIBLE PARKING SPACES = 1 1 > 1 OKAY

REQUIRED ELECTRICAL VEHICLE CHARGING STATION PARKING SPACES (PER 2022 CGBC, TABLE 5.106.5.3.1) = 6
PROVIDED ELECTRICAL VEHICLE CHARGING STATION PARKING SPACES = 7 7 > 6 OKAY REQUIRED STANDARD ACCESSIBLE EVCS PARKING SPACES (PER 2022 CBC, TABLE 11B-228.3.2.1) = 1 REQUIRED VAN ACCESSIBLE EVCS PARKING SPACES (PER 2022 CBC, TABLE 11B-228.3.2.1) = 1 REQUIRED AMBULATORY EVCS PARKING SPACES (PER 2022 CBC, TABLE 11B-228.3.2.1) = 0 PROVIDED STANDARD ACCESSIBLE EVCS PARKING SPACES = 1 1 > 1 OKAY PROVIDED VAN ACCESSIBLE EVCS PARKING SPACES = 1 1 > 1 OKAY PROVIDED AMBULATORY ACCESSIBLE EVCS PARKING SPACES = 0 0 > 0 OKAY REQUIRED ELECTRICAL VEHICLE CAPABLE PARKING SPACES (PER 2022 CGBC, TABLE 5.106.5.3.1) = 35 REQUIRED EV CAPABLE - PROVIDED EVCS =
MINIMUM PROVIDED CAPABLE SPACES = 25 - 7 = 18
PROVIDED ELECTRICAL VEHICLE CAPABLE PARKING SPACES = 18 18 > 18OKAY REQUIRED BICYCLE PARKING (PER 2022 CGBC, SECTION 5.106.4.2.1) = 4 TWO BIKE CAPACITY RACKS REQUIRED BICYCLE PARKING (PER YUBA CITY CODE OF ORDINANCES, SECTION 8-5.6108) = 10% OF AUTO PARKING = 124 x 10% = 13 (OR 7 TWO BIKE CAPACITY RACKS) PROVIDED BICYCLE PARKING = 8 TWO BIKE CAPACITY RACKS 8 > 7 OKAY 5 ACCESSIBLE PARKING SPACE - SEE ENLARGED PLAN INDICATED FOR MORE INFORMATION 4 6

VAN ACCESSIBLE PARKING SPACE - SEE ENLARGED PLAN INDICATED FOR MORE

INFORMATION
7 ELECTRICAL VEHICLE CHARGING STATION PARKING SPACE - SEE ENLARGED PLAN

INDICATED FOR MORE INFORMATION
8 STANDARD ACCESSIBLE ELECTRICAL VEHICLE CHARGING STATION PARKING SPACE - SEE

ENLARGED PLAN INDICATED FOR MORE INFORMATION
9 VAN ACCESSIBLE ELECTRICAL VEHICLE CHARGING STATION PARKING SPACE - SEE

ENLARGED PLAN INDICATED FOR MORE INFORMATION
10 ELECTRICAL VEHICLE CAPABLE PARKING SPACE - SEE ENLARGED PLAN INDICATED FOR

MORE INFORMATION

STAFF PARKING LOT
TOTAL PARKING SPACES = 47
REQUIRED ACCESSIBLE PARKING SPACES (PER 2022 CBC, TABLE 11B-208.2) = 2 PROVIDED ACCESSIBLE PARKING SPACES = 2 2 > 2 OKAY
REQUIRED VAN ACCESSIBLE PARKING SPACES (PER 2022 CBC, SECTION 11B-208.2.4) = 1 PROVIDED VAN ACCESSIBLE PARKING SPACES = 1 1 > 1 OKAY

REQUIRED ELECTRICAL VEHICLE CHARGING STATION PARKING SPACES (PER 2022 CGBC, TABLE 5.106.5.3.1) = 2
PROVIDED ELECTRICAL VEHICLE CHARGING STATION PARKING SPACES = 4 4 > 2 OKAY REQUIRED STANDARD ACCESSIBLE EVCS PARKING SPACES (PER 2022 CBC, TABLE 11B-228.3.2.1) = 0 REQUIRED VAN ACCESSIBLE EVCS PARKING SPACES (PER 2022 CBC, TABLE 11B-228.3.2.1) = 1 REQUIRED AMBULATORY EVCS PARKING SPACES (PER 2022 CBC, TABLE 11B-228.3.2.1) = 0 PROVIDED STANDARD ACCESSIBLE EVCS PARKING SPACES = 1 1 > 0 OKAY PROVIDED VAN ACCESSIBLE EVCS PARKING SPACES = 1 1 > 1 OKAY REQUIRED ELECTRICAL VEHICLE CAPABLE PARKING SPACES (PER 2022 CGBC, TABLE 5.106.5.3.1) = 8 REQUIRED EV CAPABLE - PROVIDED EVCS =
MINIMUM PROVIDED CAPABLE SPACES = 8 - 4 = 4
PROVIDED ELECTRICAL VEHICLE CAPABLE PARKING SPACES = 4 4 > 4 OKAY REQUIRED BICYCLE PARKING (PER 2022 CGBC, SECTION 5.106.4.2.2) = 1 TWO BIKE CAPACITY LOCKER REQUIRED BICYCLE PARKING (PER YUBA CITY CODE OF ORDINANCES, SECTION 8-5.6108) = 10% OF AUTO PARKING = 47 X 10% = 5 (OR 3 TWO BIKE CAPACITY LOCKERS) PROVIDED BICYCLE PARKING = 3 TWO BIKE CAPACITY LOCKERS 3 > 3 OKAY A. SEE G200 FOR SITE ACCESSIBILITY AND PATH OF TRAVEL NOTES.

B. AN ENCROACHMENT PERMIT IS REQUIRED FROM THE CITY OF YUBA CITY PUBLIC WORKS DEPARTMENT PRIOR TO THE START OF ANY WORK IN THE PUBLIC RIGHT-OF-WAY.

C. ALL WORK IN THE PUBLIC RIGHT-OF-WAY SHALL MEET THE REQUIREMENTS OF THE LATEST EDITION OF THE CITY OF YUBA CITY PUBLIC WORKS CONSTRUCTION STANDARDS.

D. REFER TO SHEET G001 AND STRUCTURAL, MECHANICAL, & ELECTRICAL DRAWINGS FOR ADDITIONAL GENERAL NOTES.

E. PROVIDE TEMPORARY BARRIERS WHERE NECESSARY TO PREVENT STUDENT AND STAFF

MEMBERS FROM ACCESS TO AREAS OF DEMOLITION AND NEW CONSTRUCTION UNTIL WORK IS COMPLETE.

GENERAL NOTES
4 5 4
4 6
5 6
6 6
6 7
8 9
-
A032
9 9
9 4
4 4
9 9 9 9 9 9 9 9 9 9 6 6 6
9 9 9 9
6 9 9
6 7
6 8

VEHICULAR CONNECTION TO NEIGHBORING PARKING LOT - SEE CIVIL DRAWINGS 10 9 9
11 STUDENT BIKE RACK, 2 BIKE CAPACITY - SEE 9/A060, TYPICAL OF 8 11 12 STAFF BIKE LOCKER, 2 BIKE CAPACITY - SEE 10/A060, TYPICAL OF 3 12 0' 10' 2'-6" 40' 80' 20'

Page 143 of 426 ends

Page 144 of 426 ends

&RS\ULJKW F
$OO LGHDV GHVLJQV DUUDQJHPHQWV DQG SODQV LQGLFDWHG RU UHSUHVHQWHG E\ WKLV GUDZLQJ DUH RZQHG E\
DQG WKH SURSHUW\ RI 1,&+2/6 0(/%85*
DQG 5266(772 DQG ZHUH FUHDWHG HYROYHG DQG GHYHORSHG IRU XVH RQ DQG LQ FRQMXFWLRQ ZLWK WKH VSHFLILHG SURMHFW 1RQH RI VXFK LGHDV GHVLJQV DUUDQJHPHQWV RU SODQV VKDOO EH XVHG E\ RU GLVFORVHG WR DQ\ SHUVRQ ILUP RU FRUSRUDWLRQ IRU DQ\ SXUSRVH ZKDWVRHYHU ZLWKRXW WKH ZULWWHQ SHUPLVVLRQ RI 1,&+2/6 0(/%85* DQG 5266(772
0$,1 675((7 68,7(
&+,&2 &$

KWWS
ZZZQPUGHVLJQFRP
&2168/7$176
/,&(16( 67$036
352-(&7 1$0(
6+((7 7,7/(
'5$:,1* 67$786
5(9,6,216
6\P 'HVFULSWLRQ 'DWH
'UDZQ %\
'DWH ,VVXHG
6FDOH
3URMHFW 1R
6+((7 1R
29(5$//
6,7( 3/$1
$ 352326('
&$5((5 75$,1,1*
&(17(5
)25
+$57(5 3$5.:$<
<8%$ &,7< &$/,)251,$
5)3 68%0,77$/
127 )25 &216758&7,21
;;;

'$5

Page 145 of 426 ends

Page 146 of 426 ends

Page 147 of 426 ends

),1,6+)/225

),1,6+)/225

723:(67($67
67$,5

723:(67($67
67$,5

),1,6+)/225

),1,6+)/225

/(9(/

/(9(/

723$5$3(7

723$5$3(7

$ $ $ $ $ $ $ $ $ $ $ $ $ $
& $
$ $ $ $ $ $

( (

),1,6+)/225

),1,6+)/225

723:(67($67
67$,5
+ * ) ( ' & % $

),1,6+)/225

),1,6+)/225

/(9(/

/(9(/

7236287+67$,5

723$5$3(7

723$5$3(7

72/2%%<3$5$3(7

72/2%%<3$5$3(7
$ $
$ $

$
$ $ $
$ $ $
'

'
'
$
) * * )
67$1',1*6($00(7$/522),1* 6((6+((7$;;;
&/$66$
75,0*877(56$1''2:1632876720$7&+522)&2/25
(;7(5,25(/(9$7,21/(*(1'
&(0(173/$67(5 6((6+((7$;;;:,7+(;3$16,21
-2,17/2&$7,216$66+2:121(/(9$7,216
; '2257$* 6((6&+('8/(6+((7$
; 6,*1$*(7$* 6((6,*1$*(3/$16+((7$
; :,1'2:7$* 6((6&+('8/(6+((7$
/ /289(57$* 6((6&+('8/(6+((7$
[&21&5(7(%/2&.0$6215<9(1((560227+
)$&( 6((6+((7$;;;
)$8;:22'9(57,&$/)$&$'(&/$'',1*&2/25$1'
),1,6+720$7&+62)),7$%29($1',17(5,25)$8;
:22'&/$'',1*$1'62)),7 6((6+((7$;;;
+25,=217$/0(7$/3$1(/6:,7+&21&($/(')$67(1(56
6((6+((7$;;;
$ $//',0(16,2166+2:1$5()520685)$&(),1,6+
% 6((0(&+$1,&$/'5$:,1*6)25$//0(&+$1,&$/81,7$1'/289(5 ,1)250$7,21
& 6(((/(&75,&$/'5$:,1*6)25$//32:(5$1'/,*+7,1* ,1)250$7,21
' 6((6+((7$;;;)25(;7(5,25'(7$,/6
*(1(5$/6+((7127(6
5 2% ( 5 7 6
5 1 9 ( .
&
5 (1
6 7 $ 7 ( 2) &$ / , )251 , $
$ 5 & + , 7 ( & 7
( ' 6 1 ( &, /
2 ,
1 3ORW'DWH
)LOH1DPH

'DWH,VVXHG
3URMHFW1R
6FDOH
6+((71R
'UDZQ%\
5(9,6,216
'5$:,1*67$786
6+((77,7/(
352-(&71$0(
/,&(16(67$036
&2168/7$17
)25
,IGUDZLQJLVQRW[LWLVDUHGXFHGSULQW
$352326('
0DLQ6WUHHW6XLWH
&KLFR&$

)D[
ZZZQPUGHVLJQFRP
&RS\ULJKW &
$OOLGHDVGHVLJQVDUUDQJHPHQWVDQGSODQVLQGLFDWHGRUUHSUHVHQWHGE\ WKLVGUDZLQJDUHRZQHGE\DQGWKHSURSHUW\RI1,&+2/60(/%85* DQG5266(772DQGZHUHFUHDWHGHYROYHGDQGGHYHORSHGIRUXVHRQ DQGLQFRQMXQFWLRQZLWKWKHVSHFLILHGSURMHFW1RQHRIVXFKLGHDV GHVLJQVDUUDQJHPHQWVRUSODQVVKDOOEHXVHGE\RUGLVFORVHGWRDQ\ SHUVRQILUPRUFRUSRUDWLRQIRUDQ\SXUSRVHZKDWVRHYHUZLWKRXWWKH ZULWWHQSHUPLVVLRQRI1,&+2/60(/%85*DQG5266(772

1:DOWRQ6XLWH
<XED&LW\&$

)$;
ZZZKLOEHUVLQFFRP
,13$571(56+,3:,7+
$XWRGHVN'RFV
6&626&DUHHU7UDLQLQJ&HQWHU
B$6&626&7&UYW

$0
$VLQGLFDWHG
&$5((575$,1,1*
&(17(5
+$57(53$5.:$<
<8%$&,7<&$/,)251,$

&216758&7,21'2&80(176
$
(;7(5,25(/(9$7,216

&6/
'6$$33;;;;;;
127)25&216758&7,21
6&$/(

1257+(/(9$7,21
6&$/(

($67(/(9$7,21
6+((7127(6
'HOWD 'HVFULSWLRQ 'DWH

Page 148 of 426 ends

),1,6+)/225

),1,6+)/225

),1,6+)/225

),1,6+)/225

/(9(/

/(9(/

7236287+67$,5

7236287+67$,5

723$5$3(7

723$5$3(7

72/2%%<3$5$3(7

72/2%%<3$5$3(7

$ $ $
$ '
$ $ $ $ $
$ $ $ $ $ $ $
$ $
$
&
$
&
( (

),1,6+)/225

723:(67($67
67$,5
$ % & ' ( ) * +

),1,6+)/225

),1,6+)/225

/(9(/

/(9(/

7236287+67$,5

723$5$3(7

723$5$3(7

72/2%%<3$5$3(7

72/2%%<3$5$3(7
$
)
$ % &
$
%
%
) * * )
67$1',1*6($00(7$/522),1* 6((6+((7$;;;
&/$66$
75,0*877(56$1''2:1632876720$7&+522)&2/25
(;7(5,25(/(9$7,21/(*(1'
&(0(173/$67(5 6((6+((7$;;;:,7+(;3$16,21
-2,17/2&$7,216$66+2:121(/(9$7,216
; '2257$* 6((6&+('8/(6+((7$
; 6,*1$*(7$* 6((6,*1$*(3/$16+((7$
; :,1'2:7$* 6((6&+('8/(6+((7$
/ /289(57$* 6((6&+('8/(6+((7$
[&21&5(7(%/2&.0$6215<9(1((560227+
)$&( 6((6+((7$;;;
)$8;:22'9(57,&$/)$&$'(&/$'',1*&2/25$1'
),1,6+720$7&+62)),7$%29($1',17(5,25)$8;
:22'&/$'',1*$1'62)),7 6((6+((7$;;;
+25,=217$/0(7$/3$1(/6:,7+&21&($/(')$67(1(56
6((6+((7$;;;
$ $//',0(16,2166+2:1$5()520685)$&(),1,6+
% 6((0(&+$1,&$/'5$:,1*6)25$//0(&+$1,&$/81,7$1'/289(5 ,1)250$7,21
& 6(((/(&75,&$/'5$:,1*6)25$//32:(5$1'/,*+7,1* ,1)250$7,21
' 6((6+((7$;;;)25(;7(5,25'(7$,/6
*(1(5$/6+((7127(6
5 2% ( 5 7 6
5 1 9 ( .
&
5 (1
6 7 $ 7 ( 2) &$ / , )251 , $
$ 5 & + , 7 ( & 7
( ' 6 1 ( &, /
2 ,
1 3ORW'DWH
)LOH1DPH

'DWH,VVXHG
3URMHFW1R
6FDOH
6+((71R
'UDZQ%\
5(9,6,216
'5$:,1*67$786
6+((77,7/(
352-(&71$0(
/,&(16(67$036
&2168/7$17
)25
,IGUDZLQJLVQRW[LWLVDUHGXFHGSULQW
$352326('
0DLQ6WUHHW6XLWH
&KLFR&$

)$;
ZZZKLOEHUVLQFFRP
,13$571(56+,3:,7+
$XWRGHVN'RFV
6&626&DUHHU7UDLQLQJ&HQWHU
B$6&626&7&UYW

$0
$VLQGLFDWHG
&$5((575$,1,1*
&(17(5
+$57(53$5.:$<
<8%$&,7<&$/,)251,$

&216758&7,21'2&80(176
$
(;7(5,25(/(9$7,216

$XWKRU
'6$$33;;;;;;
127)25&216758&7,21
6&$/(

6287+(/(9$7,21
6&$/(

:(67(/(9$7,21
6+((7127(6
'HOWD 'HVFULSWLRQ 'DWH

Page 149 of 426 ends

Page 150 of 426 ends

VAN
FUTURE
DN
DN
DN DN
DN
DN
DN
DN
DN
VAN
875 HARTER PARKWAY
YUBA CITY, CALIFORNIA 95993
75% CONSTRUCTION

DOCUMENTS

NOT FOR CONSTRUCTION
2023/11/30
23-2029

CAREER TRAINING

CENTER FOR

A PROPOSED
Date Issued
Project No.

Scale
SHEET No.

Drawn By
Copyright C
All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by, and the property of, NICHOLS, MELBURG and ROSSETTO and were created, evolved and developed for use on, and in conjunction with, the specified project. None of such ideas, designs, arrangements or plans shall be used by, or disclosed to any person, firm or corporation for any purpose whatsoever without the written permission of NICHOLS, MELBURG and ROSSETTO.

DRAWING STATUS

SHEET TITLE

PROJECT NAME

LICENSE STAMPS
http://www.nmrdesign.com
555 Main Street, Suite 300
Chico, CA. 95928
(530) 891-1710 (530) 891-0138 FAX

CONSULTANT
DSA NO. XX-XXXXXX

IN PARTNERSHIP WITH
www.hilbersinc.com
770 N. Walton, Suite 100
Yuba City, CA 95993
(530) 673-2947 (530) 674-4141 FAX
If drawing is not 42" x 30" it is a reduced print
Delta Description Date Delta

REVISIONS
Date
PLANTING NOTES:

A. Trees planted within ten (5'-0") feet of a
street, sidewalk, paved trail, or
walkway shall be a deep-rooted
species or shall be separated from
hardscapes by a root barrier to
prevent physical damage to public
improvements.

B. SOIL PREPARATION AND AMENDING:
1) After rough grading operations, the
contractor is responsible for
obtaining a soils report that provides
an analysis of the existing soil that
states what soil amendments are
required for optimum planting growth.

The contractor shall incorporate the
recommended quantities by thoroughly
cultivating all planting areas to a
depth of eight (8) inches. Rough finish
grade all areas.
2) Prior to the planting of any materials,
compacted soils shall be transformed
to a friable condition. On engineered
slopes, only amended planting holes
need meet this requirement
3) Broadcast the following soil
amendments. Quantities given are
per 1,000 square feet of area.
x Nitrogen stabilized and iron
fortified compost:per soil
analysis recommendations, or 4
cy MINIMUM for bid purposes
x Pelletized fertilizer (21-0-0):
10lbs., or as per soil analysis
recommendations
x Soil Sulfur: per soil analysis
recommendations
x Gypsum: 100 lbs
4) Cultivate and thoroughly incorporate
the amendments into the top
eight (8) inches of soil.
5) De-rock area to be planted by using a
mechanical rock picker.

All rocks larger than 1 inch in
diameter are to be removed.

C. Finish grading shall be done BY THE
LANDSCAPE CONTRACTOR following the
civil engineer rim elevations for drains,
refer to the civil engineering plans.

All finish grading shall maintain
positive drainage away from all
buildings and towards drain locations
as indicated on the civil plans. If any
discrepancies are present, contact
the project superintendent, or
landscape architect.

D. Install weed barrier filter fabric OVER
drip irrigation components,
manufactured of polypropylene, 28 mil
thickness, and 2.6 ounces per square
yard. 'DeWitt Pro-5', or equal. Secure
fabric segments, to soil, with 6"x1"x6"
steel 'U' shape pins. Overlap adjacent
fabric segments a minimum of six (6)
inches and secure with pins at twenty
four (24) inches on center.

E. Install A minimum three inch (3") depth
fir bark mulch over the filter fabric.

A (3″) layer of mulch shall be applied
on all exposed soil surfaces of
planting areas except in turf areas,
creeping or rooting ground covers,
or direct seeding applications where
mulch is contraindicated on all shrub
and ground cover planting areas.

Bark mulch shall be wood residual
derived and manufactured from Pine,
White and/or Red Fir Tree bark. The
material shall be equal to that
referred to as 'Walk on Bark' in the
trade.

NOTE: Organic mulch materials made
from recycled or post-consumer
shall take precedence over
inorganic materials or virgin forest
products unless the recycled
post-consumer organic products
are not locally available. Organic
mulches are not required where
prohibited by local Fuel Modification
Plan Guidelines or other applicable
local ordinances
F. A Certificate of Completion shall be
obtained from the City and the project
applicant shall fill out the certificate
to the satisfaction of the City upon
completion of the landscape project.

F. The installing landscape contractor
shall maintain the new landscape areas
for a (90) ninety day period.

PLANTING PLAN
L1 NORTH
0 SCALE:
20 40 60 feet
1" = 20'

SYMBOL BOTANICAL NAME COMMON NAME SIZE CONTAINER CANOPY QTY TREES
Ginkgo biloba `Princeton Sentry` Princeton Sentry Ginkgo 24" 20' 10 Lagerstroemia x `Natchez` Crape Myrtle 15 gal. Standard 20' 3 Nyssa sylvatica Tupelo 15 gal. 25' 5
Pistacia chinensis `Keith Davey` Keith Davey Chinese Pistache 24" 30' 18 Platanus x acerifolia 'Columbia' Columbia London Plane Tree 15 gal. 35' 12 Quercus lobata Valley Oak 15 gal. 35' 4
Zelkova serrata `Green Vase` Sawleaf Zelkova 15 gal. 30' 6 2023-11-29 18:43

PLANT SCHEDULE

SYMBOL BOTANICAL NAME COMMON NAME SIZE SPACING QTY
SHRUBS
Arctostaphylos densiflora `Howard McMinn` Howard McMinn Manzanita 5 gal. 96" o.c. 28 Callistemon viminalis `Little John` Dwarf Weeping Bottlebrush 5 gal. 60" o.c. 18 Cistus salviifolius `Prostratus` Sageleaf Rockrose 5 gal. 60" o.c. 39 Cistus x purpureus Orchid Rockrose 5 gal. 48" o.c. 16
Dodonaea viscosa `Purpurea` Purple Leafed Hopseed Bush 5 gal. 96" o.c. 12 Mahonia repens Creeping Mahonia 1 gal. 36" o.c. 70
Nandina domestica Heavenly Bamboo 5 gal. 48" o.c. 38
Prunus caroliniana `Bright `N Tight` TM Bright `N Tight Carolina Laurel 5 gal. 60" o.c. 12 Rhaphiolepis indica 'Jack Evans' Jack Evans Indian Hawthorn 5 gal. 60" o.c. 101 Rhaphiolepis umbellata `Minor` Dwarf Yedda Hawthorn 5 gal. 48" o.c. 35 Rosmarinus officinalis 'Prostratus' Dwarf Rosemary 1 gal. 60" o.c. 75 Teucrium x lucidrys prostratum Germander 1 gal. 36" o.c. 32 Xylosma congestum `Compacta` Compact Xylosma 5 gal. 60" o.c. 8

PERENNIALS
Salvia greggii `Red` Autumn Sage 5 gal. 48" o.c. 6
Dietes vegeta African Iris 1 gal. 48" o.c. 34
Phormium tenax `Pink Stripe` New Zealand Flax 5 gal. 60" o.c. 4 Tulbaghia violacea `Variegata` Striped Cape Garlic 1 gal. 36" o.c. 55

MATERIALS
decomposed granite 4`` depth
PLACE IN TWO 2" DEPTH COMPACTED LIFTS. SLOPE
2% TO DRAIN
DG --- 694 sf
2023-11-29 18:43

PLANT SCHEDULE

Page 151 of 426 ends

EXHIBIT B

Page 152 of 426 ends

1 CITY OF YUBA CITY

CONDITIONS OF APPROVAL
DEVELOPMENT PLAN 24-01
SEPTEMBER 17, 2024

SUTTER COUNTY SUPERINTENDENT OF SCHOOLS
DEVELOPMENT PLAN 24-01

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

IMPORTANT: PLEASE READ CAREFULLY
Please note that this project is subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through the development plan 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.

Approval of this development plan shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development.

Approval of this development plan may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this development plan, the zoning ordinance, and all City standards and specifications. This development plan is granted, and the conditions imposed, based upon the application submittal provided by the applicant, including any operational statement. The application is material to the issuance of this development plan. Unless the conditions of approval specifically require operation inconsistent with the application, a new or revised development plan is required if the operation of this establishment changes or becomes inconsistent with the application. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the development plan or any other enforcement remedy available under the law. The City shall not assume responsibility for any deletions or omissions resulting from the development plan review process or for additions or alterations to any construction or building plans not specifically submitted and reviewed and approved pursuant to this development plan or subsequent amendments or revisions. These conditions are conditions imposed solely upon the development plan, and are not conditions imposed on the City or any third party. Likewise, imposition of conditions to ensure compliance with federal, state, or local laws and regulations does not preclude any other type of compliance enforcement.

Page 153 of 426 ends

2 These conditions are applicable to any person or entity making use of this tentative development plan, 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 development plan.

CONDITIONS OF APPROVAL

1. To the furthest extent allowed by law, applicant/property owner shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative 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 non-compliance 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.

Page 154 of 426 ends

3 2. The development and operation of the project shall comply with Development Plan 24- 01 as approved by the City Council on September 17, 2024, unless otherwise approved by the Development Services Director.

3. Approval of Development Plan (DP) 24-01 shall be null and void without further action if either 1) the project has not been substantially commenced within two years of the approval date of the development plan or 2) that a request for an extension of time, pursuant to Section 8-5.7106 of the Yuba City Municipal Code has not been submitted to the City.

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

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

The City will only perform necessary testing to assure compliance.

6. Applicant shall pay its fair share to install future traffic signals at the Harter Parkway/Spirit Drive and Lassen Blvd/Walton Avenue intersections. Fair share shall be determined for the Cumulative Plus Project condition, or as approved by the Public Works Director.

7. All City adopted Development Impact Fees and other applicable fees shall be paid pursuant to the Yuba City Municipal Code unless it can be demonstrated in writing the facility is exempt from fee collection.

8. The landscaping strips along Harter Parkway shall match the adjacent property to the south, including shade trees and landscaping, or as approved by the Development Services Director.

9. A lot line adjustment shall be completed prior to construction occurring.

10. The development of the subject property shall include all measures required to ensure that no drainage runoff resulting from the development of the property flow onto the adjacent lands or that the development impede the drainage from those properties. If retaining walls are required, they shall be constructed of concrete or masonry block.

11. Sidewalks and driveways, along the proposed development frontages, shall be constructed in accordance with City Standards, or as determined by the Public Works Director.

12. Development shall comply with Yuba City’s stormwater requirements and PostConstruction Standards Plan. The Post Construction Statement of Responsibility shall be recorded at the Sutter County Recorder’s Office. The Post Construction information can be found online by visiting this website:
https://www.yubacity.net/city_hall/departments/public_works/engineering/stormwater_ management

13. Required Improvement Plan Notes:

Page 155 of 426 ends

4 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 that all construction equipment is 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 Caltrans “Manual of Traffic Safety Controls for Construction and Maintenance Work Zones.” 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.”

14. The contractor shall maintain record drawings of the improvements in the City’s right of way 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.

Page 156 of 426 ends

5 City of Yuba City

MITIGATION MEASURES AND MITIGATION MONITORING PLAN
Sutter County Schools Initial Study and Mitigated Negative Declaration EA 24-02 For Development Plan 24-01 and Rezoning 24-02
Impact Mitigation Measure Responsible
Party
Monitoring
Party Timing

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

Mitigation shall be conducted as
follows:

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

2. Assess effects on identified
sites;

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

4. Obtain comments from the
researchers;

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

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

During
construction
phase

Page 157 of 426 ends

6 assumptions, and other
considerations. If avoidance is
unnecessary or infeasible, other
appropriate measures (e.g., data
recovery) shall be instituted. Work
may proceed on other parts of the
project site while mitigation for
paleontological resources is carried
out.

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

Developer Development
Services
Dept.

Prior to
issuance of
building
permits.

3.17. Transportation
and Traffic
Transportation/Traffic Mitigation 1:

Prior to certificate of occupancy, the
applicant shall pay its fair share to
install future traffic signals at the
Harter Parkway/Spirit Drive and
Lassen Boulevard/Walton Avenue
intersections. Fair share shall be
determined for the cumulative-plusproject conditions, or as approved by the Public Works Director.

Developer Public Works
Dept.

Prior to
issuance of
the
Certificate of
Occupancy

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

Preservation in place is the preferred
alternative under CEQA and UAIC
protocols, and every effort must be
made to preserve the resources in
Developer Public Works
Dept.,
Development
Services
Dept.

During
construction
phase

Page 158 of 426 ends

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

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

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

Page 159 of 426 ends

ATTACHMENT 2

Page 160 of 426 ends

1 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY TO ADOPT REZONE 24-02 FOR THE SUTTER COUNTY SCHOOLS CAREER

TRAINING CENTER AND CONFERENCE CENTER PROJECT LOCATED ON

AT THE SOUTHEAST CORNER OF HARTER PARKWAY AND AN EXTENSION OF SPIRIT WAY (ASSESSOR’S PARCEL NUMBERS 63-010-146 AND -147).

WHEREAS, the City received an application in October 2023 for Development Plan (DP) 24-01 and Rezoning (RZ) 24-02. DP 24-01 proposes to construct the approximately 38,000 square foot Sutter County Schools Career Training and Conference Center and associated parking and landscaping. RZ 24-02 for the same property is to delete the X19 Combining Zone District from the existing Commercial-Office Zoning; and WHEREAS, as a result the following entitlements are being considered for approval by the City:
• Rezone (RZ) 24-02: which proposes to amend the zone district of the same 2.5 acres from a Office-Commercial Zone District combined with the X19 Zone District (C-O X19) to Office-Commercial (C-O) Zone District.
• Development Plan (DP) 24-01: which proposes construct an approximately 38,000 square foot Sutter County Schools Career Training and Conference Center. • Environmental Assessment (EA) 24-02.
(collectively “Project”); and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared an Initial Study and Mitigated Negative Declaration (Environmental Assessment 24-02) for the Project; and
WHEREAS, on August 28, 2024, the Planning Commission concurrently conducted a duly noticed public hearing on the Project, at which time it received input from City Staff and the applicant; 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 recommended the City Council adopt Environmental Assessment 24-02 and adopt an Ordinance to approve Rezone 24-02; and
WHEREAS, on September 17, 2024, the Yuba the City Council conducted a duly noticed public hearing on the project, at which time it received input from City Staff, public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the City Council, after which public testimony was closed and this ordinance introduced.

WHEREAS, the City Council of Yuba City considered said recommendations of the Planning Commission on the matter and after review and consideration of the Environmental Assessment, the City Council desires to find that Environmental Assessment (EA) 24-02 prepared for the project is in conformance with State and local environmental guidelines; and

Page 161 of 426 ends

2 WHEREAS, the City Council desires to approve RZ 24-02; NOW, THEREFORE, the City Council of the City of Yuba City does ordain as follows:

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

2. CEQA Findings: The City Council of the City of Yuba City has concurrently approved EA 24- 02 by adopting an Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program for the project. With the project specific mitigations imposed, there is no substantial evidence in the record that this project may have significant direct, indirect, or cumulative effects on the environment. No further CEQA is required, as CEQA has been completed for this project.

3. Rezone Findings. The City Council finds that Rezone 24-02 is consistent with the General Plan. The City Council finds that Rezone 24-02 i) is consistent with the General Plan goals and policies; ii) is consistent with the purpose of the zoning ordinance to promote and protect the public’s health, safety, peace, comfort, convenience and general welfare; iii) the project would provide open space, light, air, privacy, convenience, access, aesthetic values, protection of environmental values, and protection of public and private improvements; and iv) the project will allow for the creation of quality economic growth and development for the City.

4. Approval of RZ 24-02. Based on the information provided above, the City Council of Yuba City adopts an Ordinance approving RZ 24-02 and reclassify the zone districts for those districts on the zoning map of the City of Yuba City from Office-Commercial with X19 Overlay District (C-O X19) to Office-Commercial (C-O), and associated refinements of existing zoned district map boundaries as depicted for approximately 2.5 acres as shown in Exhibit A.

5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

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

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

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 17th day of September 2024, and adopted the Ordinance after the second reading at a regular meeting held on the ______day of _____2024, by the following roll call vote:

Ayes:

Noes:

Page 162 of 426 ends

3 Absent:

Recused:

CITY OF YUBA CITY
_____________________________
Shon Harris, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
_________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit A: Zoning Map, Rezone 24-02
Exhibit B: X19 Zone District Description
I, ______________________________, Deputy City Clerk of the City of Yuba City, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Yuba City on the date and by the vote indicated herein.

Page 163 of 426 ends

EXHIBIT A

Page 164 of 426 ends

C-M
PF
C-O
C C-3 -3
C-M
C-O
C-3

LASSEN BLVD
K
L
A
M
AT
H
L
N

SPIRIT DR
H
A
R
T
E
R
P
R
K
W
Y
Existing Zoning District
Sutter County Superintendent
of Schools Training Facility
RZ 24-02, DP 24-01, EA 24-02 | Rezone Map
Project Site
C-O X19
Proposed Zoning District
C-M
PF
C-O
C C-3 -3
C-M
C-O
C-3

LASSEN BLVD
K
L
A
M
AT
H
L
N

SPIRIT DR
H
A
R
T
E
R
P
R
K
W
Y
Project Site
C-O

Page 165 of 426 ends

EXHIBIT B

Page 166 of 426 ends

-9-
X19 Area: Southeast corner of Colusa Ave. & El Margarita Rd.

Reason: To ensure the future provision for transportation needs: 1) a fair share of fees will be paid for traffic signal improvements at Walton Avenue/Lassen Blvd./Tharp Road intersection are made, 2) a fair share will be paid for the improvements cost of highway road improvements based on an AB 1600 study in effect at the time of issuance of building permits and 3) that Harter Road and Lassen Blvd. are improved to city standards and extended across this property along with El Margarita Road.

Criteria of Development
1) To mitigate the impacts from the project on the intersection of Walton Avenue and Lassen Blvd., the developer shall contribute 45 percent of the total cost for the installation a traffic signal prior to the issuance of building permits. 2) To mitigate the impacts from the project on the intersection of Tharp Road and Lassen Blvd., the developer shall contribute 70 percent of the total cost for the installation a traffic signal prior to issuance of building permits.
3) Sufficient right-of-way shall be set aside through this property from the current terminus of Lassen Blvd to El Margarita Road for a road connection between these points and for the southerly extension of Harter Road from the highway to the south end of this property. Improvements along these right-of-ways shall be completed as development occurs along these streets to city standards by the property developers. 4) Should artifacts or unusual amounts of some bone or shell be uncovered during the demolition or construction activity, work shall be stopped and a qualified archeologist shall be contacted for on-site consultation. If the bone appears to be human, California law mandates that the Sutter county Coroner and the Native American Heritage Commission be contacted.

Page 167 of 426 ends

ATTACHMENT 3

Page 168 of 426 ends

Environmental Assessment 24-02
Initial Study and Mitigated Negative Declaration for the proposed Sutter County Schools Career Training and Conference Center consisting of Development Plan 24- 01 and Rezoning 24-02. The proposed Development Plan 24-01 is for an approximately 38,000 square foot, two-story education center as well as a 171- space parking lot for students and faculty, and appropriate landscaping. Rezoning 24-02 for the approximately 2.5- acre property would delete the X19 Combining Zone District. The site is located on the east side of Harter Parkway, south of Spirit Drive.

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
August 2024
X -,C. ~
Yba4Q~

Page 169 of 426 ends

1 This page intentionally left blank.

Page 170 of 426 ends

2 Table of Contents

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

2. Project Description ....................................................................................................................7 Project Title............................................................................................................................... 7 Lead Agency Name and Address............................................................................................... 7 Contact Person and Phone Number ......................................................................................... 7 Project Location ........................................................................................................................ 7 Project Applicant....................................................................................................................... 7 Property owner......................................................................................................................... 7 General Plan Designation.......................................................................................................... 7 Zoning........................................................................................................................................ 7 Project description..................................................................... Error! Bookmark not defined.

Surrounding Land Uses and Setting...................................... Error! Bookmark not defined.

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

2.12. Native American Tribe Consultation……………………………………………………………………………………12

2.13 Environmental Factors Potentially Affected:..........................................................................12

2.14 Evaluation of Environmental Impacts:....................................................................................14

3. Environmental Checklist and Impact Evaluation........................................................................15 Aesthetics................................................................................................................................15 Agricultural and Forestry Resources.......................................................................................18 Air Quality ...............................................................................................................................23 Biological Resources................................................................................................................30 Cultural Resources..................................................................................................................34

3.6. Energy .....................................................................................................................................37

3.7. Geology and Soils....................................................................................................................39

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

3.9. Hazards and Hazardous Materials ..........................................................................................48

3.10. Hydrology and Water Quality ................................................................................................. 53

3.11. Land Use and Planning............................................................................................................57

1.1. 1.2.

1.3. 1.4.

1.5. 2.1.

2.2. 2.3.

2.4. 2.5.

2.6. 2.7.

2.8. 2.9.

2.10. 3.1.

3.2. 3.3.

3.4. 3.5.

Page 171 of 426 ends

3 3.12. Mineral Resources ..................................................................................................................59

3.13. Noise .......................................................................................................................................60

3.14. Population and Housing..........................................................................................................66

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

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

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

3.18. Tribal Cultural Resources........................................................................................................76

3.19. Utilities and Service Systems ..................................................................................................81

3.20. Wildfire....................................................................................................................................85

3.21. Mandatory Findings of Significance........................................................................................87

4. Section References and/or Incorporated by Reference..............................................................89

Page 172 of 426 ends

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 the proposed Sutter County Schools Career Training and Conference Center. The proposal consists of Development Plan (DP) 24-01 and Rezoning (RZ) 24-02. The 2.5-acre site is located on the east side of Harter Parkway just south of Spirit Drive.

DP 24-01 is a request to construct an approximately 38,000 square feet, two story, office building to be utilized by the Sutter County Schools as an administrative and educational facility. The proposed facility will accommodate 21 classrooms, conference rooms and office space. A staff of 60 is anticipated to serve a population of 305 students. There will be 171 student and teacher parking spaces and appropriate landscaping.

RZ 24-02 application requests the removal of the X19 Combining Zone District from the existing Office Commercial Zone District combined with the X19 Zone District (C-O X19). The X19 District provides several criteria for new development to fund improvements to Lassen Avenue intersections with Harter Parkway, Tharp Road, and Walton Avenue. More recent changes to the citywide development impact fee program as well as the proposed traffic mitigation measure to signalize nearby intersections have replaced the need for this zoning. DP 24-01 and RZ 24-02 are collectively the “Project.” The property has full City services available to it. For public access, the property will primarily be served from the Harter Parkway/Spirit Way intersection, with a second driveway entrance through the abutting Sutter County School property onto Klamath Lane, and a potential third access also through the existing Sutter County Schools property onto Lassen Boulevard.

The DP/RZ 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 and decision by the Planning Commission for DP 24-01 and for RZ 24-02 a recommendation by the Planning Commission to the City Council, and review and decision by the City Council.

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 proposed school/office building and rezoning 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 -,c
~

1.1. 1.2.

Page 173 of 426 ends

5 Regulations Title 14 (Chapter 3, §15000 et seq.), commonly referred to as the CEQA Guidelines - Section 15064(a)(1) states an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the proposed project under review may have a significant effect on the environment and should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant. A negative declaration may be prepared instead; if the lead agency finds that there is no substantial evidence, in light of the whole record that the project may have a significant effect on the environment. A negative declaration is a written statement describing the reasons why a proposed project, not exempt from CEQA pursuant to §15300 et seq. of Article 19 of the Guidelines, would not have a significant effect on the environment and, therefore, why it would not require the preparation of an EIR (CEQA Guidelines Section 15371). According to CEQA Guidelines Section 15070, a negative declaration shall be prepared for a project subject to CEQA when either:
a) The IS shows there is no substantial evidence, in light of the whole record before the agency, that the proposed project may have a significant effect on the environment, or b) The IS identified potentially significant effects, but:
a. Revisions in the Project plans or proposals made by or agreed to by the applicant before the proposed negative declaration and initial study is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur is prepared, and
b. There is no substantial evidence, in light of the whole record before the agency, that the proposed Project as revised may have a significant effect on the environment. If revisions are adopted by the Lead Agency into the proposed Project in accordance with the CEQA Guidelines Section 15070(b), a Mitigated Negative Declaration (MND) is prepared.

Document Format
This IS/MND contains four chapters, and a 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 the impacts will be less than significant. 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 DP/RZ will undergo a public review process by the Planning Commission deciding the development plan and providing a recommendation to the City Council regarding the rezoning, followed by a Council decision on the rezoning. Planning Commission approval of the development plan would

1.3. 1.4.

Page 174 of 426 ends

6 result in the construction of a 38,000 square foot office/education facility being constructed on the property. This public review process is needed to assure that the Project will be compatible with existing or expected neighboring uses and that adequate public facilities are available to serve the Project.

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

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

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

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

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

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

The Draft IS/ND and associated appendices will be available for review on the City of Yuba City website at http://www.yubacity.net. The Draft IS/MND and associated appendix 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 August 8, 2024, and end on August 28, 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

1.5.

Page 175 of 426 ends

7 2. Project Description
Project Title
Sutter County Schools Development Plan (DP) 24-01 Rezoning (RZ) 24-02.

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 2.5 acres are located on the east side of Harter Parkway and south of the extension of Spirit Way. The Project includes Assessor’s Parcel Numbers (APNs) 63-010-146 and -147 Project Applicant
Sutter County Superintendent of Schools
970 Klamath Lane
Yuba City, CA 95993
Property Owner
Sutter County Board of Education
970 Klamath Lane
Yuba City, CA 95993
General Plan Designation
Office and Office Park (O) land use designation.

Zoning
The Project is within the Office Commercial Zone District combined with the X19 Zone District (C-O X19).

The X19 Zone District was applied to several properties in the Lassen Way vicinity to help pay for

2.1. 2.2.

2.3. 2.4.

2.5. 2.6.

2.7. 2.8.

Page 176 of 426 ends

8 improvements at several Lassen Boulevard intersections with Harter Parkway, Tharp Road and Walton Avenue. The proposed rezoning would eliminate the X19 as it is deemed no longer needed due to recent updates in the citywide development impact fee program and a mitigation measure that is part of this study.

Project Description
The proposed Sutter County Schools Career Training and Conference Center consists of Development Plan (DP) 24-01 and Rezoning (RZ) 24-02.

DP 24-01 is a request to construct an approximately 38,000 square feet, two story, office building to be utilized by the Sutter County Schools administrative and educational facility. The proposed facility will accommodate 21 classrooms, conference rooms and office space. A staff of 60 is anticipated to serve a population of 305 students. There will be 171 student and teacher parking spaces and appropriate landscaping.

RZ 24-02 application requests the removal of the X19 Combining Zone District. The X19 Zone District providesseveral criteria for new development to fund improvements to Lassen Avenue intersections with Harter Parkway, Tharp Road, and Walton Avenue. More recent changes to the citywide development impact fee program have replaced the need for this zoning (the DP and RZ are collectively the “Project”).

The property has full City services available to it. Access to the property is primarily served from the Harter Parkway/Spirit Way intersection with a second driveway entrance through the abutting Sutter County School property onto Klamath Lane, and a potential third access is also through the existing Sutter County Schools property onto Lassen Boulevard.

2.10. Surrounding Land Uses and Setting
Setting: The 2.5-acre vacant property is flat and located within the urban area, with street improvements and sidewalks previously installed. The site is surrounded by River Valley High School, a three-story office building and other Sutter County Schools facilities. The north side is bordered by a vacant regional commercial designated property.

Table 1: Bordering Uses
North: A vacant Regional Commercial designated parcel.

South: Three-story office building and parking and a portion is bordered by Sutter County Schools facilities.

East: Sutter County Schools facilities.

West: Harter Parkway with River Valley High School across the street.

2.9.

Page 177 of 426 ends

9 Figure 1: Location Map

Page 178 of 426 ends

10 Figure 2: DP 24-01 Site Plan
@l lell!IEJEIEIEIGEJEIEIEJ ~
l l I II 1111
1 I i ~ ii. i I I ; I ~ ! ! I Ii i I ~ ~ I I I I I
i I. II I ! ! I '

I I I I I
t [a T I I Ii I i ii I i I II I i i Ii
ii
I
I
I
! □.:::: D ~'.';;;'
=~=~= ()}~
I I I
! II
§
~ 7
:~
E
' '" '~
HARTER PAR'rmAY
I
El
I
~;;~; ~, -i
L~
"
" '\.
\
"
t
- - --- I ~ - $
irl ( "" 0 • ' , - --~ -..

I I
I I ,L_
I
,;~ ---"I.~ k
~
~ ~
" '\
\
I
I
I
I
I
I
I
I
I I
I I H
'I ~ D I I I h C,/'J
I I i
I I " 1• ~ I! '1::l
i I !~ I
~
• •1 II ( . •, < ~-ill I I
' [, i ~ 8 ~ i~ •
I ~ '1 ' iF. 11 i I ! i ! } i ~ II j 11
• 0 .1 nl_1~ ~1 ~ } . _I ll I I
.

Page 179 of 426 ends

11 Figure 3: Rezoning 24-02: Existing and proposed zoning maps C- C-3
PF

LASSEN BLVD
Proposed Zoning District
PF

Page 180 of 426 ends

12 2.11. Other Public Agencies Whose Approval May be Required Feather River Air Quality Management District, Dust Control Plan, Indirect Source Review.

Sutter County Water Agency (Live Oak Canal).

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.?
All geographically relevant Native American tribes were timely notified of the Project, and consultation was not requested.

Page 181 of 426 ends

13 2.13 Environmental Factors Potentially Affected:

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

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

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

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

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

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

I find that, although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
[_________] 2024
Signature Date
Doug Libby, AICP, Deputy Director of Development Services Printed Name/Position
August 7,
□
□
□
..

Page 182 of 426 ends

14 2.14 Evaluation of Environmental Impacts:

A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the 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.

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

Page 183 of 426 ends

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

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

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

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

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

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

3.1.

Page 184 of 426 ends

16  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.  Strive for lush, landscaped public areas marked by extensive tree plantings.  Design commercial and industrial centers to be visually appealing, to serve both pedestrians and automobiles, and to integrate into the adjacent urban fabric.

In addition to the City’s General Plan, the City provides Design Guidelines. The goal of the City’s design guidelines is to ensure the highest quality of building design: designs that are aesthetically pleasing; designs that are compatible with the surroundings in terms of scale, mass, detailing, and building patterns; designs that accommodate the pedestrian, automobile, bicycle, and transit circulation; and designs that consider public safety, public interaction, and historic resources. The design guidelines apply to all commercial and office building development, including this proposed building.

Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on aesthetics as it involves only methods of financing street improvements, so it is not further discussed in this section.

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

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

A highway may be designated scenic depending upon how much of the natural landscape can be seen by travelers, the scenic quality of the landscape, and the extent to which development intrudes upon the traveler’s enjoyment of the view. When a city or county nominates an eligible scenic highway for official designation, it must identify and define the scenic corridor of the highway. A scenic corridor is the land generally adjacent to and visible from the highway. A scenic corridor is identified using a motorist’s line of vision. A reasonable boundary is selected when the view extends to the distant horizon. The corridor protection program does not preclude development but seeks to encourage quality development that does not degrade the scenic value of the corridor. Jurisdictional boundaries of the nominating agency are also considered. The agency must also adopt ordinances to preserve the scenic quality of the corridor or document such regulations that already exist in various portions of local codes. These ordinances make up the scenic corridor protection program. County roads can also become part of the Scenic Highway System. To receive official designation, the county must follow the same process required for official

Page 185 of 426 ends

17 designation of state scenic highways. There are no designated state scenic highways in the vicinity of the Project site.

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

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

3.1.4. Impact Assessment/Environmental Consequences:
a) Have a substantial adverse effect on a scenic vista? There are no designated scenic areas within the vicinity, so there would be no impacts on a designated scenic area.

Regarding the Development Plan, the only scenic vista from this vicinity would be of the Sutter Buttes, located northwest of this site. As the property is located within the urban area, that view is at least partially interrupted due to neighboring development. As this proposal for a two-story educational/office building would be similar in appearance and height to neighboring commercial, office (three-story office building on the south side of this property) and educational buildings. As such the scenic views would remain similar to what now exists. The impacts on the existing scenic views would be less than significant. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
There are no state scenic highways located in Yuba City or Sutter County. As a result, there will be no impacts to trees, rock outcroppings, historic buildings within a state scenic highway associated with this project. No impacts are anticipated.
c) In non-urbanized areas, substantially degrade the existing visual character of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point. If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality.

The site is within the Yuba City urban area and the design of the educational/office building must be in compliance with Zoning Regulation development standards and the adopted Design Guidelines.

Therefore, impacts on scenic resources including the existing visual character of public views of the site and its surroundings are considered to be a less than significant impact.

Page 186 of 426 ends

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

The proposed educational building will have night lit parking, as well as street lighting on its public street frontage. This Project is within the Yuba City urban area, is not near existing or proposed residential uses and the lighting of this facility will be similar to other nearby commercial developments, which include an office building to the south, River Valley High School to the west, both of which have similar parking lot lighting. This also includes two nearby auto dealerships which have night lit public/employee parking areas as well as brighter lighting for their outdoor auto sales areas. Considering the urban area that the Project is within and the fact the Project is required to comply with the City’s existing adopted ordinance standards for lighting, the impacts from this facility will be a less than significant impact.

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

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

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

3.2.

Page 187 of 426 ends

19 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.

Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on agriculture as it involves only methods of financing street improvements, so it is not discussed further in this section.

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.

Page 188 of 426 ends

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

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

Page 189 of 426 ends

21 of restricting specific parcels of land to agricultural or related open space uses in return for reduced property tax assessments. Private land within locally designated agricultural preserve areas is eligible for enrollment under Williamson Act contracts. However, an agricultural preserve must consist of no less than 100 acres. In order to meet this requirement two or more parcels may be combined if they are contiguous, or if they are in common ownership.

The Williamson Act program is administered by the Department of Conservation (DOC), in conjunction with local governments, which administer the individual contract arrangements with landowners. The landowner commits the parcel to a 10‐year period, or a 20-year period for property restricted by a Farmland Security Zone Contract, wherein no conversion out of agricultural use is permitted. Each year 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?
Regarding the proposed Development Plan, the approximately 2.5-acre vacant site is located on land that the 2018 Department of Conservation Important Farmland Map for Sutter County identifies as “Urban and Built-Up Land” as the site is well within the city limits and largely surrounded by existing development.

The Project site is not considered to be Prime Farmland, Farmland of Statewide Importance, or Unique Farmland.

The site is within the boundaries of the Yuba City urban area. As such it was designated years ago for urban uses. Because in agricultural terms the property is small and has been designated for and developed for urban uses on all sides it is unlikely that the property could be economically farmed.

Further, the City and Sutter County General Plans identify this area for urban development, as compared to the vast majority of Sutter County for which agricultural land is protected from urban growth (this was identified in the EIR’s for both the Yuba City and Sutter County General Plans). The EIR for the City General Plan made overriding considerations for significant impacts on agricultural lands. Therefore, this facility

Page 190 of 426 ends

22 will not create any additional significant impacts over what has already been identified regarding the loss of agricultural land. A less than significant impact is anticipated. 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, none of which is under a Williamson Act contract. There will therefore be no impact related to a Williamson Act contract.

See discussion above under item 3.2.4.a) or agricultural land loss. 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 much of which was utilized for agriculture but was designated years ago in the General Plan for urban use. 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 in the vicinity of the Project. Therefore there will be no impact on forest land.
e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? The proposed Project is within an area already served by City services and developed with urban uses.

There are no forestlands on the Project site or in the vicinity. See Part a) above for discussion on the loss of agricultural land. The property is not used nor inventoried as agricultural land by the State. As a result, there are no impacts associated with the conversion of farmland to non-agricultural use or conversion of forest land to non-forest uses.

Page 191 of 426 ends

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

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

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

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

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

3.3.

Page 192 of 426 ends

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

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

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

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

Page 193 of 426 ends

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

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

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

Nitrogen oxides can also be formed naturally.

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

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

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

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

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

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

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

Page 194 of 426 ends

26 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.

Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on air quality as it involves only methods of financing street improvements, so it is not further discussed in this section.

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

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

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

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

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

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

Page 195 of 426 ends

27 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 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

Page 196 of 426 ends

28 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.  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? Constructing the educational building and related parking and landscaping involves site grading. This activity would briefly create both equipment exhaust and fugitive dust. Ongoing air quality impacts will be from exhaust generated by vehicle traffic from the new educational facility. As the Feather River Air Quality Management District (FRAQMD) did not comment on the Project the air quality impacts are considered to be less than significant. Further, standards set by FRQAMD, CARB, and Federal agencies relating to the proposed Project will apply. Prior to the initiation of construction, a Fugitive Dust Control Plan is required to be submitted to FRAQMD as a part of standard measures required by the District. An Indirect Source Review (ISR) application is also required to be filed with the Air District to address emissions resulting from site construction.

Page 197 of 426 ends

29 Since the developer is required to prepare an air quality analysis and incorporate the resulting conditions into the Project, any potential significant environmental impacts would be reduced to less than significant.

As a result, a less than significant impact is anticipated. 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 proposed educational building would generate criteria pollutants during its construction and from ongoing vehicle traffic generated by the new development. However, due to limited size of the proposal it would not be considered a large development and FRAQMD did not comment that the standards would be exceeded by this Project to the extent of being cumulatively significant. Therefore, the cumulative impacts are considered to be a less than significant impact. 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.

River Valley High School, which is located across Harter Parkway just west of this Project, is a considered to be a sensitive receptor. Sutter County Schools Educational facilities located just east and south of the Project is also a sensitive receptor. The proposed educational/office building will generate criteria pollutants during the limited period of site grading and construction. As such FRAQMD adopted criteria must be satisfied.

The Best Management Practices (BMPs) that would likely be used to reduce the impact to sensitive receptors from off-road diesel equipment include:
 Install diesel particulate filters or implement other ARB-verifies diesel emission control strategies on all construction equipment to further reduce diesel PM emissions beyond the 45% reduction required by the Districts Best Available Mitigation Measure for Construction Phase;  Use equipment during times when receptors are not present (e.g., when school is not in session or during non-school hours; or when office buildings are unoccupied);  Establish staging areas for the construction equipment that are as distant as possible from off-site receptors;
 Establish an electricity supply to the construction site and use electric powered equipment instead of diesel-powered equipment or generators, where feasible;  Use haul trucks with on-road engines instead of off-road engines even for on-site hauling;  Equip nearby buildings with High Efficiency Particle Arresting (HEPA) filter systems at all mechanical air intake points to the building to reduce the levels of diesel PM that enter the buildings; and/or,
 Temporarily relocate receptors during construction.

Page 198 of 426 ends

30 Due to the temporary nature of construction and assuming all FRAQMD criteria is met as required by existing law, the nearby school students would not be subjected to long-term exposure to diesel particulate matter. Therefore, any exposure of students to pollutant concentrations is considered to be a less than significant impact.
d) Result in other emissions such as those leading to odors adversely affecting a substantial number of people?
Educational/office buildings typically do not generate objectionable odors. As such, the potential impact of the Project creating local offensive odors is considered to be a less than significant impact.

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

3.4.

Page 199 of 426 ends

31 The level 2.5 acre site is within the Yuba City urbanized area. The site is surrounded on all sides by commercial, office, and public uses. There are no riparian areas or known critical habitat areas on-site or in the vicinity.

Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on biological resources as it involves only methods of financing street improvements, so it is not further discussed in this section.

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 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.

Page 200 of 426 ends

32  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 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 ifthe 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.

Page 201 of 426 ends

33 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? 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?
A review of the site identified no native trees, no wetland areas or creek corridors, or areas that appear to be sensitive habitat. The site is several miles away from the Feather River. Per the Yuba City General Plan EIR, there are no known special status species identified by the General Plan in the vicinity.

Therefore, the impact on biological resources is considered to be a less than significant impact. c) Have a substantial adverse effect on states or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No wetlands or federal jurisdictional waters of the U.S. are present within the proposed Project area or general vicinity. There would be no impacts on any wetland areas or waterways. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
The proposed Project will not disturb any waterways, as the nearest waterway is the Feather River, being several miles away to the east. Therefore, migratory fish will not be affected. Additionally, there aren’t any native trees proposed to be removed that could be potential nesting habitat for raptors and migratory birds that may choose to nest in the vicinity of the Project. As such the impacts on fish or wildlife habitat is considered to be a less than significant impact.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No native trees or other biological resources that would be protected by local policies or ordinances are known to exist on the Project site. The Yuba City General Plan EIR did not identify any critical species in the vicinity. Therefore, the impacts on biological resources caused by this Project are considered to be a less than significant impact.
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.

Page 202 of 426 ends

34 Cultural Resources
Table 3.5: Cultural Resources
Would the project:

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

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

X
c) Disturb any human remains, including those
interred outside of formal cemeteries? X
Note: Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on Cultural Resources as it involves only methods of financing street improvements, so it is not further discussed in this section.

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

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

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

3.5.2. State Regulatory Setting

3.5.

Page 203 of 426 ends

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

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

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

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

3.5.3. Native American Consultation
In September of 2014, the California Legislature passed Assembly Bill (AB) 52, which added provisions to the PRC regarding the evaluation of impacts on tribal cultural resources under CEQA, and consultation requirements with California Native American tribes. In particular, AB 52 now requires lead agencies to analyze project impacts on “tribal cultural resources” separately from archaeological resources (PRC § 21074; 21083.09). AB 52 also requires lead agencies to engage in additional consultation procedures with respect to California Native American tribes (PRC § 21080.3.1, 21080.3.2, 21082.3).

Page 204 of 426 ends

36 In response to AB 52, the City supplied the following two Native American tribes with a Project description and map of the proposed Project area and a request for comments:
 United Auburn Indian Community of the Auburn Rancheria  Yocha Dehe Wintun Nation
 Estom Yomeka Maidu Tribe of the Enterprise Rancheria
 Mechoopda Indian Tribe
 Pakan’yani Maidu of Strawberry Valley
 Mooretown Rancheria of Maidu Indians
 Ione Band of Miwok Indians
Additional detail on tribal comments are provided in Section 3.18, Tribal Cultural Resources.

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

There are no existing structures on the property and the site has been graded many times in the past. As such, the potential significant impacts on any historical resources, directly or indirectly, is considered to be less than significant.
b) Cause a substantial adverse change in the significance of an archeological resource pursuant to § 15064.5.

No tribes responded to the City’s request for comments on the Project, so it is unlikely that any archeological resources are present. However, there still remains the potential for previously unknown sub-surface resources to be present. As such the “Unanticipated Discoveries” mitigation is utilized. This mitigation measure is provided in Section 3.18 to ensure impacts on any cultural resources remain less than significant.
c) Disturb any human remains, including those interred outside of formal cemeteries? The vacant site was likely tilled in the past for agricultural purposes, it has more recently been tilled on a regular basis for weed control. No formal cemeteries or other places of human internment are known to exist on the proposed Project site. However, there still remains the potential for previously unknown subsurface resources to be present. As such the “Unanticipated Discoveries” mitigation is utilized as described in response “b”) above.

Page 205 of 426 ends

37 3.6 Energy
Table 3-6: Energy
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Result in potentially significant environmental
impacts due to wasteful, inefficient, or unnecessary
consumption of energy resources during project
construction or operation?
X
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency? X
Note: Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on energy usage as it involves only methods of financing street improvements. Therefore, it is not further discussed in this section.

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

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

3.6.2. Impact Assessment/Environmental Consequences
a) Result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation? Project construction will involve fuel consumption and use of other non-renewable resources.

Construction equipment used for such improvements typically runs on diesel fuel or gasoline. The same fuels typically are used for vehicles that transport equipment and workers to and from a construction site.

However, construction-related fuel consumption would be finite, short-term, and consistent with

Page 206 of 426 ends

38 construction activities of a similar character. This energy use would not be considered wasteful, inefficient, or unnecessary.

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

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

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

Project impacts related to energy consumption are considered less than significant. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? The Project is required to be consistent with applicable state and local plans for increased energy efficiency. Assuming the standards are met, the Project’s impacts on energy consumption will result in a less than significant impact.

Page 207 of 426 ends

39 3.7 Geology and Soils
Table 3.7: Geology and Soils
Would the project:

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

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

Page 208 of 426 ends

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

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

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

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

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

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

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

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

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

Page 209 of 426 ends

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

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

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

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

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

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

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

Page 210 of 426 ends

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

Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on Geology and soils as it involves only methods of financing street improvements. Therefore, the rezoning is not further discussed in this section.

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

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

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

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

Uniform Building Code: The California Code of Regulations (CCR) Title 24 is assigned to the California Building Standards Commission, which, by law, is responsible for coordinating all building standards. The California Building Code incorporates by reference the Uniform Building Code with necessary California

Page 211 of 426 ends

43 amendments. The Uniform Building Code is a widely adopted model building code in the United States published by the International Conference of Building Officials. About one-third of the text within the California Building Code has been tailored for California earthquake conditions.

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

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

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

Page 212 of 426 ends

44 iii. Seismic-related ground failure, including liquefaction? The proposed Project is not located within a liquefaction zone according to the California Department of Conservation’s California Geologic Survey regulatory maps. Regardless, all new structures are required to adhere to current California Building Code standards. These standards require adequate design, construction, and maintenance of structures to prevent exposure of people and structures to major geologic hazards. Therefore, the potential impact from ground failure is considered to be a less than significant impact.
iv. Landslides?
According to the Yuba City General Plan Environmental Impact Report, due to the flat topography, erosion, landslides, and mudflows are not considered to be a significant risk in the City limits or within the City’s Sphere of Influence. As a result, no impacts are anticipated. b) Result in substantial soil erosion or the loss of topsoil? Development of the site would result in approximately 2.5 acres being disturbed during site grading. Even though the area is relatively flat, during site grading a large storm could result in the loss of topsoil into the City/Sutter County drainage system. However, as part of the grading and construction, the applicant is required to follow Best Management Practices (BMP’s) and provide erosion control measures to minimize soil runoff during the construction process. Therefore, impacts from soil erosion are considered to be a less than significant impact.
c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
d) Be located on expansive soil, as defined in the California Building Code creating substantial direct or indirect risks to life or property?
The extreme southwest corner of the Yuba City Sphere of Influence is the only known area with expansive soils. This Project is not located within that area and therefore is not anticipated to be impacted by the presence of expansive soils. As a result, no impacts are anticipated. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? The new office/education building will be connected to the City’s wastewater collection and treatment systems. No new septic systems will be utilized. As such, there will be no new impacts from septic systems.
f) Directly or indirectly destroy a unique paleontological resources or site or unique geologic feature? Due to prior ground disturbances for agricultural and vegetation control it is unlikely that any paleontological resources exist on the site. However, the following mitigation measure shall apply if any paleontological resources are discovered:

Page 213 of 426 ends

45 3.7.5 Paleontological Mitigation Measure
Paleontological Mitigation Measure 1: This Mitigation Measure shall be placed as a note on the Demolition and Grading Plans. If paleontological resources are found, the construction manager shall halt all activity and immediately contact the Development Services Department @ 530-822-4700.

Mitigation shall be conducted as follows:

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

2. Assess effects on identified sites;

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

4. Obtain comments from the researchers;

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

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

Page 214 of 426 ends

46 3.8 Greenhouse Gas Emissions
Table 3.8: Greenhouse Gas Emissions
Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on
the environment?
X
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing the
emissions of greenhouse gases?
X
Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on Greenhouse gas emissions as it involves only methods of financing street improvements. Therefore, the rezoning is not further discussed in this section.

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

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

3.8.2 State & Local Regulatory Setting
The City’s Resource Efficiency Plan as designed under the premise that the City, and the community it represents, is uniquely capable of addressing emissions associated with sources under the City’s jurisdiction and that the City’s emission reduction efforts should coordinate with the state strategies of reducing emissions in order to accomplish these reductions in an efficient and cost-effective manner. The City developed this document with the following purposes in mind:
 Local Control: The Yuba City Efficiency Plan allows the City to identify strategies to reduce resource consumption, costs, and GHG emissions in all economic sectors in a way that maintains local control over the issues and fits the character of the community. It also may position the City for funding to implement programs tied to climate goals.

Page 215 of 426 ends

47  Energy and Resource Efficiency: The Efficiency Plan identifies opportunities for the City to increase energy efficiency and lower GHG emissions in a manner that is most feasible within the community. Reducing energy consumption through increasing the efficiency of energy technologies, reducing energy use, and using renewable sources of energy are effective ways to reduce GHG emissions. Energy efficiency also provides opportunities for cost‐savings.  Improved Public Health: Many of the GHG reduction strategies identified in the Efficiency Plan also have local public health benefits. Benefits include local air quality improvements; creating a more active community through implementing resource‐efficient living practices; and reducing health risks, such as heat stroke, that would be otherwise elevated by climate change impacts such as increased extreme heat days.

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

3.8.3 Impact Assessment/Environmental Consequences:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Gases that trap heat in the atmosphere are referred to as greenhouse gases (GHGs) because they capture heat radiated from the sun as it is reflected back into the atmosphere, similar to a greenhouse. The accumulation of GHGs has been implicated as a driving force for Global Climate Change. Definitions of climate change vary between and across regulatory authorities and the scientific community, but in general can be described as the changing of the climate caused by natural fluctuations and the impact of human activities that alter the composition of the global atmosphere. Both natural processes and human activities emit GHGs. Global Climate Change is a change in the average weather on earth that can be measured by wind patterns, storms, precipitation, and temperature. Although there is disagreement as to the speed of global warming and the extent of the impacts attributable to human activities, the vast majority of the scientific community now agrees that there is a direct link between increased emission of GHGs and long-term global temperature. Potential global warming impacts in California may include, but are not limited to, loss in snowpack, sea level rise, more extreme heat days per year, more high ozone days, more large forest fires, and more drought years. Secondary effects are likely to include a global rise in sea level, impacts to agriculture, changes in disease vectors, and changes in habitat and biodiversity.

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

The construction of the office/education facility will generate GHG emissions due to the use of motorized construction equipment. The emissions will be from construction equipment during the construction of the building. Once completed, vehicle traffic generated by auto use to and from the new facility will also contribute GHG gases. Due to the overall small size of the Project, it is not expected to create significant greenhouse gas emissions. However, on a cumulative scale, possible reasonable reductions could be applied to the Project in order to further minimize those impacts. Specifically addressing this proposal, the City’s Resource Efficiency Plan addresses greenhouse gas concerns and provides a description of greenhouse gas reduction measures. A mitigation measure is included that requires the Project to

Page 216 of 426 ends

48 incorporate the relevant greenhouse gas reduction measures. With this mitigation the impacts from greenhouse gases will be less than significant.

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

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

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
X
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the release
of hazardous materials into the environment?
X
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
X
d) Be located on a site, which is included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would create a significant hazard to the public or
the environment?
X
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety hazard
for people residing or working in the project area?
X
f) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
X
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires.

X
Note: Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on Hazards and Hazardous Materials as it involves only methods of financing street improvements. Therefore, the rezoning is not further discussed in this section.

Page 217 of 426 ends

49 3.9.1 Federal Regulatory Setting
U.S. Environmental Protection Agency (USEPA): The USEPA was established in 1970 to consolidate in one agency a variety of federal research, monitoring, standard setting, and enforcement activities to ensure environmental protection. USEPA's mission is to protect human health and to safeguard the natural environment — air, water, and land — upon which life depends. USEPA works to develop and enforce regulations that implement environmental laws enacted by Congress, is responsible for researching and setting national standards for a variety of environmental programs, and delegates to states and tribes the responsibility for issuing permits and for monitoring and enforcing compliance. Where national standards are not met, USEPA can issue sanctions and take other steps to assist the states and tribes in reaching the desired levels of environmental quality.

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

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

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

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

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

Page 218 of 426 ends

50 quantities of designated substances equal to or greater than the reportable quantities that may be discharged into waters of the United States.

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

Title 49, CFR, Sections 171-177 (49 CFR 171-177), governs the transportation of hazardous materials, the types of materials defined as hazardous, and the marking of the transportation vehicles. 49 CFR 350-399, and Appendices A-G, Federal Motor Carrier Safety Regulations, address safety considerations for the transport of goods, materials, and substances over public highways. 49 CFR 397.9, the Hazardous Materials Transportation Act of 1974, directs the U.S. Department of Transportation to establish criteria and regulations for the safe transportation of hazardous materials.

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

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

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

Page 219 of 426 ends

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

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

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

State Water Resources Control Board (SWRCB): The State Water Resources Control Board (SWRCB) was created by the California legislature in 1967. The mission of SWRCB is to ensure the highest reasonable quality for waters of the State, while allocating those waters to achieve the optimum balance of beneficial uses. The joint authority of water allocation and water quality protection enables SWRCB to provide comprehensive protection for California’s waters.

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

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

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

Page 220 of 426 ends

52 3.9.4 Impact Assessment/Environmental Consequences:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
The hazardous materials associated with the construction of the new building and parking area will be those materials associated with grading and construction equipment, which typically includes solvents, oil, and fuel. Provided that these materials are legally and properly used and stored, the proposed Project will not create a significant hazard to the public or the environment. On an ongoing basis the only anticipated hazardous waste would be a small office related hazardous waste. Assuming proper and legal disposal of those wastes there should not be a significant impact from hazardous materials and a less than significant impact is anticipated.
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? See a) above.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? River Valley High School is located just west of this site and Sutter County Office of Education facilities are located on the east and a portion of the south side. The construction of the proposed 38,000 square foot education building will generate construction equipment emissions. However, the time for operating equipment on the Project site is short. Assuming proper use of the fuels, solvents, and oil for the grading and paving equipment, there should not be any significant impacts to the school students. Similarly, for the small amounts of hazardous waste generated by the new facility , assuming proper and legal use and disposal, it is anticipated the Project will have a less than a significant impact on the neighboring school facilities.
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section and, as a result, would create a significant hazard to the public or the environment?
The property and surrounding area is not on any listings of sites that are contaminated by hazardous wastes. Therefore, no impacts are anticipated from a known hazardous materials site. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
The Project is not located within the Sutter County Airport Comprehensive Land Use Plan, nor is it within two miles of a public use airport. As a result, no impacts are anticipated. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?

Page 221 of 426 ends

53 The Yuba City Fire and Police Departments serve this area. Neither agency has expressed concern over impacts the Project may have on any emergency response plans. As a result, there are no impacts on emergency response or emergency evacuations plans anticipated. g) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?
The Project site is located within the Yuba City urban area which is predominantly surrounded by irrigated agricultural lands. There are no wildlands on the site or in the immediate vicinity. As a result, a less than significant impact is anticipated from impacts associated with wildland fires.

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

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

Page 222 of 426 ends

54 Note: Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on Hydrology and Water Quality as the rezoning involves only methods of financing street improvements. Therefore, the rezoning is not further discussed in this section.

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

Federal Emergency Management Agency (FEMA) Flood Zones: The National Flood Insurance Act (1968) makes available federally subsidized flood insurance to owners of flood-prone properties. To facilitate identifying areas with flood potential, Federal Emergency Management Agency (FEMA) has developed Flood Insurance Rate Maps (FIRM) that can be used for planning purposes. Flood hazard areas identified on the Flood Insurance Rate Map are identified as a Special Flood Hazard Area (SFHA). SFHA are defined as the area that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year. The 1-percent annual chance flood is also referred to as the base flood or 100- year flood. SFHAs are labeled as Zone A, Zone AO, Zone AH, Zones A1-A30, Zone AE, Zone A99, Zone AR, Zone AR/AE, Zone AR/AO, Zone AR/A1-A30, Zone AR/A, Zone V, Zone VE, and Zones V1-V30. Moderate flood hazard areas, labeled Zone B or Zone X (shaded) are also shown on the FIRM, and are the areas between the limits of the base flood and the 0.2-percent-annual-chance (or 500-year) flood. The areas of minimal flood hazard, which are the areas outside the SFHA and higher than the elevation of the 0.2- percent-annual-chance flood, are labeled Zone C or Zone X (unshaded).

3.10.2 State Regulatory Setting
State Water Resources Control Board: The State Water Resources Control Board (SWRCB) is the agency with jurisdiction over water quality issues in the State of California. The WRCB is governed by the PorterCologne Water Quality Act (Division 7 of the California Water Code), which establishes the legal framework for water quality control activities by the SWRCB. The intent of the Porter- Cologne Act is to regulate factors which may affect the quality of waters of the State to attain the highest quality which is reasonable, considering a full range of demands and values. Much of the implementation of the SWRCB's responsibilities is delegated to its nine Regional Boards. The Project site is located within the Central Valley Regional Water Quality Control board.

Central Valley Regional Water Quality Control Board (CVRWQCB): administers the NPDES storm waterpermitting program in the Central Valley region. Construction activities on one acre or more are subject to the permitting requirements of the NPDES General Permit for Discharges of Storm Water Runoff Associated with Construction Activity (General Construction Permit). Additionally, CVRWQCB is responsible for issuing Waste Discharge Requirements Orders under California Water Code Section 13260, Article 4, Waste Discharge Requirements.

State Department of Water Resources: California Water Code (Sections 10004 et seq.) requires that the State Department of Water Resources update the State Water Plan every five years. The 2013 update is the most current review and included (but is not limited to) the following conclusions:

Page 223 of 426 ends

55  The total number of wells completed in California between 1977 and 2010 is approximately 432,469 and ranges from a high of 108,346 wells for the Sacramento River Hydrologic Region to a low of 4,069 wells for the North Lahontan Hydrologic Region.  Based on the June 2014 California Statewide Groundwater Elevation Monitoring (CASGEM) basin prioritization for California’s 515 groundwater basins, 43 basins are identified as high priority, 84 basins as medium priority, 27 basins as low priority, and the remaining 361 basins as very low priority.
 The 127 basins designated as high or medium priority account for 96 percent of the average annual statewide groundwater use and 88 percent of the 2010 population overlying the groundwater basin area.
 Depth-to-groundwater contours were developed for the unconfined aquifer system in the Central Valley. In the Sacramento Valley, the spring 2010 groundwater depths range from less than 10 feet below ground surface (bgs) to approximately 50 feet bgs, with local areas showing maximum depths of as much as 160 feet bgs.
 The most prevalent groundwater contaminants affecting California’s community drinking water wells are arsenic, nitrate, gross alpha activity, and perchlorate.

California Government Code 65302 (d): The General Plan must contain a Conservation Element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, river and other waters, harbors, fisheries, wildlife, minerals, and other natural resources.

That portion of the conservation element including waters shall be developed in coordination with any County-wide water agency and with all district and city agencies which have developed, served, controlled, or conserved water for any purpose for the County or city for which the plan is prepared.

Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5 if that information has been submitted by the water agency to the city or County. The conservation element may also cover:
 The reclamation of land and waters.
 Prevention and control of the pollution of streams and other waters.  Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.
 Prevention, control, and correction of the erosion of soils, beaches, and shores.  Protection of watersheds.
 The location, quantity, and quality of the rock, sand, and gravel resources.  Flood control.

Sustainable Groundwater Management Act: On September 16, 2014, Governor Edmund G. Brown Jr. signed historic legislation to strengthen local management and monitoring of groundwater basins most critical to the state’s water needs. The three bills, SB 1168 (Pavley) SB 1319 (Pavley) and AB 1739 (Dickinson) together makeup the Sustainable Groundwater Management Act. The Sustainable Groundwater Management Act comprehensively reforms groundwater management in California. The intent of the Act is to place management at the local level, although the state may intervene to manage basins when local agencies fail to take appropriate responsibility. The Act provides authority for local agency management of groundwater and requires creation of groundwater sustainability agencies and implementation of plans to achieve groundwater sustainability within basins of high and medium priority.

Page 224 of 426 ends

56 3.10.3 Impact Assessment/Environmental Consequences:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
Most of the City’s public water supply comes from the Feather River. The water is pumped from the river to the Water Treatment Plant located in northern Yuba City. The plant also sometimes utilizes a groundwater well in addition to surface water supplies due to recent drought conditions. Since the new facility will only receive water through the City system, and all liquid waste disposal will be through the City’s wastewater collection system, which is operated in conformance with all state standards, it is unlikely that the Project could adversely impact the water quality in the City system.

All of the wastewater generated by the Project will flow into the City wastewater treatment facility which is in compliance with all state water discharge standards.

All storm water runoff associated with the Project will drain into the Live Oak Canal and ultimately to the Sutter By-Pass and Feather River. The water quality of the stormwater runoff is addressed through General Plan Implementing Policies 8.5-I-1 through 8.5-I-10 which require a wide range of developer and City actions involving coordination with the State Regional Water Quality Control Board, protecting waterways, and following Yuba City’s adopted Best Management Practices for new construction. With the level of oversight on the City’s water supply, and enforcement of Best Management Practices at construction sites, a less than significant impact from the proposed Project is anticipated on the City’s water and waste-water systems or storm water drainage system. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impeded sustainable groundwater management of the basin? The new facility will be connected to the City’s water system. City water will also be provided for landscaping. While consumer consumption of City water will increase with the Project, very little groundwater will be utilized because the City primarily water source is surface water supplies in its system.

As a result, a less than significant impact is anticipated. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) result in substantial erosion or siltation on- or off-site? ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite?
iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? There will be an increased amount of stormwater drainage caused by new impermeable surfaces created by the Project, which will ultimately drain into the Feather River. The Project is required to construct the local collection facilities and pay the appropriate fees to the Sutter County Water Agency for its fair share of improvements and expansion to the existing drainage system that it will be connected too. Also, as noted above, all new construction must involve use of Best Management Practices. Assuming all required standards are met the impacts from additional storm water drainage from the site are expected to be less than significant.

Page 225 of 426 ends

57 Iv) impede or redirect flood flows?
According to the Federal Emergency Management Agency this portion of the City is outside of the 100- year flood plain. This is due to the existing levee system that contains seasonally high-water flows from the nearby Feather River from flooding areas outside of the levee system. Additional construction within the City that is outside of the levee system does not impact the levee system and therefore does not increase, impede, or otherwise have any effect on the highwater flows within the levee system.

Therefore, there is no impact on the high-water flows within the Feather River levee system. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? According to the Federal Emergency Management Agency (FEMA), this portion of the City is outside of the 100-year flood plain and is provided with 200 year flood protection by the Sutter Buttes Flood Control Agency and its efforts to improve the west levee of the Feather River. The City is not close to the ocean or any big lakes so a seiche is unlikely to happen in or near the City. The City is located inland from the Pacific Ocean, so people or structures in the City would not be exposed to inundation by tsunami.

Mudflows and landslides are unlikely to happen due to the relatively flat topography within the Project area. Thus, it is unlikely that the Project site would be subject to inundation by a seiche, tsunami, or mudflow or landslide. Therefore, the potential for significant impacts from any of these types of events is considered to be a less than significant impact.
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Regarding impacts on a groundwater management plan, the City primarily utilizes surface water from the Feather River for its water supply, so any impact on groundwater would be less than significant.

Regarding water quality, as noted in Part a) above, all new construction is required to utilize Best Management Practices. Assuming all required standards are met, impacts from the new educational facility on water quality and groundwater management are considered to be less than significant.

3.11 Land Use and Planning
Table 3:11: Land Use and Planning
Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Physically divide an established community? X
b) Cause a significant environmental impact due to
a conflict with any land use plan, policy or
regulation adopted for the purpose of avoiding or
mitigating an environmental effect?
X

3.11.1 Environmental Setting/Affected Environment

Page 226 of 426 ends

58 The proposed DP/RZ is located on approximately 2.5 acres that is abutted on all sides by non-residential uses including office, retail, and public uses, all of which would be considered compatible with the proposal. The proposal is also consistent with the Office General Plan designation in which it is located.

Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on Land Use and Planning as the rezoning involves only methods of financing street improvements. Therefore, the rezoning is not further discussed in this section.

3.11.2 Federal Regulatory Setting
There are no federal or state regulations pertaining to land use and planning relevant to the proposed Project.

3.11.3 Local Regulatory Setting
Yuba City General Plan Land Use Element: The Land Use Element of the General Plan establishes guidance for the ultimate pattern of growth in the City’s Sphere of Influence. It provides direction regarding how lands are to be used, where growth will occur, the density/intensity and physical form of that growth, and key design considerations.

3.11.4 Impact Assessment/Environmental Consequences:
a) Physically divide an established community?
The proposed public educational/office Project will not physically divide an established community. It is located within an existing planned non-residential area surrounded by office, public and commercial uses that are considered to be compatible with this proposal. b) Cause a significant environmental impact due to a conflict with any land use plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect? The revision of the Zoning regulations is in itself a change in regulations. Comparing this proposed DP/RZ to existing policies and programs, this environmental study has not identified any land use plans or policies that will be violated by this proposal. As such, the impacts from any conflicts with environmental plans, policies, and regulations will be less than significant.

Page 227 of 426 ends

59 3.12 Mineral Resources
Table 3-12: Mineral Resources
Would the project: Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Result in the loss of availability of a known mineral resource that would be of value to the region and
the residents of the state?
X
b) Result in the loss of availability of a locallyimportant mineral resource recovery site delineated on a local general plan, specific plan, or
other land use plan?
X
Note: Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on Mineral Resources as the rezoning involves only methods of financing street improvements. Therefore, the rezoning is not further discussed in this section.

3.12.1 Federal Regulatory Setting
There are no federal regulations pertaining to mineral resources relevant to the proposed Project.

3.12.2 State Regulatory Setting
California Surface Mining and Reclamation Act of 1975: Enacted by the State Legislature in 1975, the Surface Mining and Reclamation Act (SMARA), Public Resources Code Section 2710 et seq., insures a continuing supply of mineral resources for the State. The act also creates surface mining and reclamation policy to assure that:
 Production and conservation of minerals is encouraged;  Environmental effects are prevented or minimized;
 Consideration is given to recreational activities, watersheds, wildlife, range and forage, and aesthetic enjoyment;
 Mined lands are reclaimed to a useable condition once mining is completed; and  Hazards to public safety both now and in the future are eliminated.

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

The State Geologist, in accordance with the State Board’s Guidelines for Classification and Designation of Mineral Lands, must classify Mineral Resource Zones (MRZ) as designated below:

Page 228 of 426 ends

60  MRZ-1. Areas where available geologic information indicates that there is minimal likelihood of significant resources.
 MRZ-2. Areas underlain by mineral deposits where geologic data indicate that significant mineral deposits are located or likely to be located.
 MRZ-3. Areas where mineral deposits are found but the significance of the deposits cannot be evaluated without further exploration.
 MRZ-4. Areas where there is not enough information to assess the zone. These are areas that have unknown mineral resource significance.

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

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

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

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

Page 229 of 426 ends

61 Note: Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on Noise as the rezoning involves only methods of financing street improvements. Therefore, the rezoning is not further discussed in this section.

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

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

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

Noise exposure is a measure of noise over a period of time. Noise level is a measure of noise at a given instant in time. Community noise varies continuously over a period of time with respect to the contributing sound sources of the community noise environment. Community noise is primarily the product of many distant noise sources, which constitute a relatively stable background noise exposure, with the individual contributors unidentifiable. The background noise level changes throughout a typical day, but does so gradually, corresponding with the addition and subtraction of distant noise sources such as traffic and atmospheric conditions. What makes community noise constantly variable throughout a day, besides the slowly changing background noise, is the addition of short duration single event noise sources (e.g., aircraft flyovers, motor vehicles, sirens), which are readily identifiable to the individual receptor. These successive additions of sound to the community noise environment vary the community noise level from instant to instant, requiring the measurement of noise exposure over a period of time to legitimately characterize a community noise environment and evaluate cumulative noise impacts.

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

Although PPV is appropriate for evaluating the potential for building damage, it is not always suitable for evaluating human response. As it takes some time for the human body to respond to vibration signals, it

Page 230 of 426 ends

62 is more prudent to use vibration velocity when measuring human response. The typical background vibration velocity level in residential areas is approximately 50 VdB. Groundborne vibration is normally perceptible to humans at approximately 65 VdB. For most people, a vibration-velocity level of 75 VdB is the approximate dividing line between barely perceptible and distinctly perceptible levels.

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

3.13.3 Federal Regulatory Setting
Federal Vibration Policies: The Federal Railway Administration (FRA) and the Federal Transit Administration (FTA) have published guidance relative to vibration impacts. According to the FRA, fragile buildings can be exposed to ground-borne vibration levels of 90 VdB without experiencing structural damage.97 The FTA has identified the human annoyance response to vibration levels as 75 VdB.

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

Title 24 – Sound Transmission Control: Title 24 of the California Code of Regulations (CCR) codifies Sound Transmission Control requirements, which establishes uniform minimum noise insulation performance standards for new hotels, motels, dormitories, apartment houses, and dwellings other than detached single-family dwellings. Specifically, Title 24 states that interior noise levels attributable to exterior sources shall not exceed 45 dBA CNEL in any habitable room of new dwellings Title 24, Part 2 requires an acoustical report that demonstrates the achievements of the required 45 dBA CNEL. Dwellings are designed so that interior noise levels will meet this standard for at least ten years from the time of building permit application.

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

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

Guiding Policies
 9.1-G-1 Strive to achieve an acceptable noise environment for the present and future residences of Yuba City.

Page 231 of 426 ends

63  9.1-G-2 Incorporate noise considerations into land use planning decisions and guide the location and design of transportation facilities to minimize the effects of noise on adjacent land uses.  Implementing Policies
 9.1-I-1 Require a noise study and mitigation for all projects that have noise exposure greater than “normally acceptable” levels. Noise mitigation measures include, but are not limited to, the following actions:
 Screen and control noise sources, such as parking and loading facilities, outdoor activities, and mechanical equipment.
 Increase setbacks for noise sources from adjacent dwellings,  Retain fences, walls, and landscaping that serve as noise buffers,  Use soundproofing materials and double-glazed windows, and  Control hours of operation, including deliveries and trash pickup, to minimize noise impacts.  9.1-I-3 In making a determination of impact under the California Environmental Quality Act (CEQA), consider an increase of four or more dBA to be "significant" if the resulting noise level would exceed that described as normally acceptable for the affected land use in Figure 5.  9.1-I-4 Protect especially sensitive uses, including schools, hospitals, and senior care facilities, from excessive noise, by enforcing “normally acceptable” noise level standards for these uses.  9.1-I-5 Discourage the use of sound walls. As a last resort, construct sound walls along highways and arterials when compatible with aesthetic concerns and neighborhood character. This would be a developer responsibility.
 9.1-I-6 Require new noise sources to use best available control technology (BACT) to minimize noise from all sources.
 9.1-I-7 Minimize vehicular and stationary noise sources and noise emanating from temporary activities, such as construction.

Page 232 of 426 ends

64 Figure 5: Noise Exposure

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

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

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

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

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

Page 233 of 426 ends

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

3.13.6 Impact Assessment/Environmental Consequences:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies established in the local general plan or noise ordinance, or applicable standards of other agencies?
The nearby River Valley High School and neighboring Sutter County Office of Education facilities are noise sensitive uses. A temporary increase in noise will occur during construction of the new facility.

Construction will primarily occur during daylight hours, Monday through Saturday. Noise from construction activities would contribute to the noise environment in the immediate Project vicinity.

Activities involved in construction could generate maximum noise levels, as indicated in Table 2, ranging from 79 to 91 dBA at a distance of 50 feet, without feasible noise control (e.g., mufflers) and ranging from 75 to 80 dBA at a distance of 50 feet, with feasible noise control. However, due to the limited duration of the construction activities, the noise impacts on the nearby educational facilities will not have the potential to generate significant noise impacts.

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

Without Feasible Noise Control
(2) With Feasible Noise Control
Dozer or Tractor 80 75
Excavator 88 80
Scraper 88 80
Front End Loader 79 75
Backhoe 85 75
Grader 85 75
Truck 91 75
(1) US Environmental Protection Agency. “Noise from Construction Equipment and Operations, Building Equipment and Home Appliances.” Figure IV.H‐4. 1971.
(2) Feasible noise control includes the use of intake mufflers, exhaust mufflers and engine shrouds operating in accordance with manufacturers specifications b) Generation of excessive ground borne vibration or ground borne noise levels? Construction activity can result in varying degrees of ground vibration, depending on the equipment and methods employed. Operation of construction equipment causes ground vibrations that spread through the ground and diminish in strength with distance. Table 3 describes the typical construction equipment vibration levels.

Page 234 of 426 ends

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

Vibration levels of construction equipment in Table 3 are at a distance of 25 feet from the equipment. As noted above, construction activities are limited to daylight hours. Infrequent construction-related vibrations would be short-term and temporary, and operation of heavy-duty construction equipment would be intermittent throughout the day during construction. Therefore, with the short duration of grading activities associated with the Project, the approximate reduction of 6 VdB for every doubling of distance from the source, and consideration of the distance to the nearest existing residences, the temporary impact to any uses in the vicinity of the Project are anticipated to be less than significant. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The Project is not within an airport land use plan. There are no public or private airports or airfields located in this vicinity. Therefore, this impact is not applicable to the Project and no impacts are anticipated..

3.14 Population and Housing
Table 4-14: Population and Housing
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Induce substantial unplanned population growth in
an area, either directly (for example, by proposing
new homes and businesses) or indirectly (for
example, through extension of roads or other
infrastructure)?
X
b) Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
X

3.14.1 Environmental Setting/Affected Environment

Page 235 of 426 ends

67 The proposed DP/RZ is on approximately 2.5 acres that is abutted on all sides by non-residential uses including office, retail, and public uses, all of which would be considered compatible with the proposal.

The proposal is also consistent with the Office and Office Park General Plan designation in which it is located.

This proposal does not include any new housing.

Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on Population and Housing as the rezoning involves only methods of financing street improvements. Therefore, the rezoning is not further discussed in this section.

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

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

Housing elements are prepared approximately every eight years, following timetables set forth in the law.

The housing element must identify and analyze existing and projected housing needs and “make adequate provision for the existing and projected needs of all economic segments of the community,” among other requirements. The City had certified by the state its current 2021-29 Housing Element in 2022.

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

In the greater Sacramento region, which includes the City of Yuba City, SACOG has the responsibility of developing and approving an RHNA and a Regional Housing Needs Plan (RHNP) every eight years (Government Code, Section 65580 et seq.). This document has a central role of distributing the allocation of housing for every county and city in the SACOG region. Housing needs are assessed for very low income, low income, moderate income, and above moderate households.

As described above, SACOG is the association of local governments that includes Yuba City, along with other jurisdictions comprising the six counties in the greater Sacramento region. In addition to preparing the Metropolitan Transportation Plan and Sustainable Communities Strategy for the region, SACOG approves the distribution of affordable housing in the region through its RHNP. SACOG also assists in planning for transit, bicycle networks, clean air and serves as the Airport Land Use Commission for the region.

3.14.5 Impact Assessment/Environmental Consequences:

Page 236 of 426 ends

68 a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
This Project does not propose any new housing. Regarding other forms of unplanned growth, the proposal is within the Yuba City urban area where City services were previously planned and installed in this area.

Any future growth in this area, including this Project, will be served by that infrastructure. The General Plan, which describes the larger overall land use pattern for the City, is the City’s primary planning document. The review prepared for this report determined the Project is consistent with all other portions of the General Plan. Therefore, unplanned growth resulting from this Project will not occur and, as a result, there is not a potential for significant impacts from unplanned population growth. A less than significant impact is anticipated.
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
There is not any nearby housing, and this Project does not propose new housing nor displacing any persons. As a result, no impacts area anticipated.

Page 237 of 426 ends

69 3.15 Public Services
Table 3.15: Public Services
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered governmental facilities, need for new or
physically altered government facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or other
performance objectives for any of the public
services:
i) Fire protection? X
ii) Police protection? X
iii) Schools? X
iv) Parks? X
v) Other public facilities? X

3.15.1 Environmental Setting/Affected Environment
Law enforcement for the proposed educational facility/office will be provided by the Yuba City Police Department. Fire protection is provided by the Yuba City Fire Department. There are nearby parks and other urban services, including streets, water, sewer stormwater drainage will also be provided by Yuba City. The nearby River Valley High School is part of the Yuba City Unified School District. This building, which will be owned and operated by the Sutter County Office of Education will become part of the public services provided in Sutter County.

Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on Public Services as the rezoning involves only methods of financing street improvements and streets are not considered within this section. Therefore, the rezoning is not further discussed in this section.

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

Page 238 of 426 ends

70 3.15.3 State Regulatory Setting
California Fire Code and Building Code: The 2013 California Fire Code (Title 24, Part 9 of the California Code of Regulations) establishes regulations to safeguard against hazards of fire, explosion, or dangerous conditions in new and existing buildings, structures, and premises. The Fire Code also establishes requirements intended to provide safety and assistance to fire fighters and emergency responders during emergency operations. The provision of the Fire Code includes regulations regarding fire-resistance rated construction, fire protection systems such as alarm and sprinkler systems, fire service features such as fire apparatus access roads, fire safety during construction and demolition, and wildland urban interface areas.

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

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

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

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

Police Protection: The Police Department reviewed the proposal and did not express concerns. Since all new development pays impact fees intended to offset the cost of additional police facilities and equipment resulting from this growth, the impacts on police services will be less than significant.

Schools: New development paysthe Yuba City Unified School District adopted school impact fees that are intended to provide the new resident’s fair share for expanded or new educational facilities needed to accommodate this new growth. Therefore, the impact on schools will be less than significant.

Parks: There is no residential development proposed. Therefore, the impact on parks from this Project will be less than significant.

Other Public Facilities: The Project will be connected to City water and wastewater systems. Each new connection to those systems must pay connection fees that are utilized for expansion of the respective treatment plants.

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

Page 239 of 426 ends

71 3.16 Recreation
Table 3-16: Recreation
Would the project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities such
that substantial physical deterioration of the
facility would occur or be accelerated?
X
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities which might have an adverse
physical effect on the environment?
X

3.16.1 Environmental Setting/Affected Environment
Yuba City has 23 City-owned parks and recreational areas, managed by the City’s Parks and Recreation Department. This consists of five community parks, 15 neighborhood parks, and three passive or mini parks.

Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on Recreation as the rezoning involves only methods of financing street improvements. Therefore, the rezoning is not further discussed in this section.

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

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

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

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

Page 240 of 426 ends

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

3.16.5 Impact Assessment/Environmental Consequences:
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Since there is no residential development associated with the Project, it will not materially increase the use of the City’s park system. Therefore, the impact on the City park system from this Project is considered to be a less than significant impact.
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? This Project does not propose any on-site recreational facilities and most non-residential development does not typically increase demand for park usage. As a result, the impact on recreation facilities from this Project is considered to be a less than significant impact.

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

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

Page 241 of 426 ends

73 Several federal regulations govern transportation issues. They include:
 Title 49, CFR, Sections 171-177 (49 CFR 171-177), governs the transportation of hazardous materials, the types of materials defined as hazardous, and the marking of the transportation vehicles.
 Title 49 CFR 350-399, and Appendices A-G, Federal Motor Carrier Safety Regulations, address safety considerations for the transport of goods, materials, and substances over public highways.

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

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

3.17.3. Impact Assessment/Environmental Consequences:
a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities?
DP 24-01: A traffic study titled “Transportation Impact Study for Harter Parkway Career Technical Building” (“Traffic Study”) was prepared for this Project by W-Trans (A copy of that report is provided as Appendix A to this environmental document). Its conclusions are as follows:

The Traffic Study analyzed the traffic related impacts from the proposed approximately 38,000 square foot educational facility. Although the property fronts onto Harter Parkway, the Project will be accessed primarily from an extension of Spirit Way on the east side of Harter Parkway with secondary access through the existing Sutter County Schools property onto Klamath Lane, and a possible (future) third access onto Lassen Boulevard, also through the existing Sutter County Schools facility.

Per the traffic study, the Project will generate an estimated 643 vehicle trips per day (a trip is one-way).

The Traffic Study disaggregates those trips by assuming that the largest percentage of new traffic will utilize the Spirit Way access (68%), followed by Lassen Boulevard (20%) and Klamath Lane (18%).

Page 242 of 426 ends

74 Regarding Project impacts on multi-modal facilities, which includes transit, bicycle, and pedestrian facilities, the Traffic Study concludes that the Project’s impacts on multimodal facilities will be less than significant.

Regarding policies and programs for roadways the Yuba City General Plan Policy 5.2-1-12 (Traffic Level of Service or LOS) was reviewed as to whether the Project is consistent with that policy. This policy requires that most City streets that are identified in the General Plan as a collector or larger should operate at LOS D or better. In general, any degradation in service by a project that would cause the intersection to worsen lower than LOS D would be considered a significant impact. As such, projects must still meet this standard for General Plan consistency requirements, which remains a CEQA standard. The Traffic Study concludes that, on a long-tern cumulative basis the Project will worsen the impacts at Harter Parkway/Spirit Drive and Walton Avenue/Lassen Boulevard intersections to worse than an LOS D. Both are in need of signalization. A mitigation is proposed that requires this Project pay its fair share for those improvements.

This fair-share payment will reduce the impacts on the nearby intersections to a less than significant level.

RZ 24-02: The proposed rezoning is an ordinance change that would eliminate the X19 Combining Zone District from the property. This zone district provides criteria that requires development of the property to pay it fair share for improvements to several nearby intersections.

It is important to note that all of these intersections are not signalized but are scheduled to be signalized as this newer area of the City develops. It is anticipated that new growth will pay its fair-share. In lieu of the rezoning, a mitigation measure is proposed that is tailored to address the Project’s impacts on the Lassen Boulevard/Walton Avenue and Harter Parkway/Spirit Drive. The mitigation requires that the Project pay its fair share for the signalization of those intersections. As such the impacts caused by the elimination of this zoning will be less than significant. b) Conflict or be inconsistent with CEQA Guidelines section 15064.3 subdivision (b)? This CEQA section describes specific considerations for evaluating a project’s transportation impacts in terms of Vehicle Miles Traveled (VMT). SACOG, in “Technical Advisory: On Evaluating Transportation Impacts in CEQA” provides two criteria for which if the Project meets either of them, the traffic impacts are considered less than significant. One criterion is that the Project generates less than 110 vehicle trips per day is considered to be less than a significant impact. The Project will exceed this criterion, so it is not considered any further in this review. The second criterion is that if a project, on a per capita or per employee basis, the VMT will be at least 15 percent below that of existing development is a reasonable threshold for determining significance. SACOG also has released a draft document (SB 743 regional screening maps) that provides mapping data indicating the average miles traveled for different areas within and around Yuba City. The range of the categories are:

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

More than 150% of the regional average.

The Traffic Study concluded that for the employee traffic, per the SACOG maps for the Project area, the estimated average vehicle distance traveled per residence is in the 50-85% range of the norm. In other words, per the SACOG regional screening mapsthis Project is located in an area that meets the 15 percent vehicle trip reduction criteria. Thus, the transportation impacts from this Project are consistent with CEQA

Page 243 of 426 ends

75 Guidelines Section 15063.4(b) and it follows that the traffic impacts generated by the future employees of this Project are considered to be less than significant.

The Traffic Study also concluded that because the student traffic is considered” local serving” the VMT impacts from student generated traffic would also be less than significant. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? The Traffic Study concluded that there is adequate site distance at all intersections and, in relation to their design, all intersections will operate in accordance with all City standards.

The Project does not introduce any incompatible users (e.g., farm equipment) to a roadway or transportation facility not intended for those users.
d) Result in inadequate emergency access?
The Fire and Police Departments have reviewed the Project plans and did not express concerns about emergency access to the property. The Traffic Study concluded that the Project’s multiple access points would be considered a benefit for emergency access.

3.17.4 Transportation/Traffic Mitigation Measures
Transportation/Traffic Mitigation 1: Prior to certificate of occupancy, the applicant shall pay its fair share to install future traffic signals at the Harter Parkway/Spirit Drive and Lassen Boulevard/Walton Avenue intersections. Fair share shall be determined for the cumulative-plus-project conditions, or as approved by the Public Works Director.

Page 244 of 426 ends

76 3.18 Tribal Cultural Resources
Table 3-18: Tribal Cultural Resources
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Would the project cause of substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in Public
Resources Code section 5020.1(k), or
X
b) A resource determined by the lead agency, in its
discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.

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

Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on Tribal Cultural Resources as the rezoning involves only methods of financing street improvements. Therefore, the rezoning is not further discussed in this section.

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

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

Page 245 of 426 ends

77 recognized tribes.

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

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

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

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

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

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

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

Page 246 of 426 ends

78 The Valley Nisenan received black acorns, pine nuts, manzanita berries, skins, bows, and bow wood from the Hill Nisenan to their east, in exchange for fish, roots, grasses, shells, beads, salt, and feathers (Wilson and Towne 1978). To obtain, process, and utilize these material resources, the Nisenan had an array of tools to assist them. Wooden digging sticks, poles for shaking acorns loose, and baskets of primarily willow and redbud were used to gather vegetal resources. Stone mortars and pestles were used to process many of the vegetal foods; baskets, heated stones, and wooden stirring sticks were used for cooking. Basalt and obsidian were primary stone materials used for making knives, arrow and spear points, clubs, arrow straighteners, and scrapers. (Wilson and Towne 1978.)
Nisenan settlement locations depended primarily on elevation, exposure, and proximity to water and other resources. Permanent villages were usually located on low rises along major watercourses. Village size ranged from three houses to 40 or 50 houses. Larger villages often had semi-subterranean dance houses that were covered in earth and tule or brush and had a central smoke hole at the top and an entrance that faced east (Wilson and Towne 1978:388).Early Nisenan contact with Europeans appears to have been limited to the southern reaches of their territory. Spanish expeditions intruded into Nisenan territory in the early 1800s. In the two or three years following the gold discovery, Nisenan territory was overrun by immigrants from all over the world. Gold seekers and the settlements that sprang up to support them were nearly fatal to the native inhabitants. Survivors worked as wage laborers and domestic help and lived on the edges of foothill towns. Despite severe depredations, descendants of the Nisenan still live in their original land area and maintain and pass on their cultural identity.

3.18.4 Summary of Native American Consultation
AB 52 requires lead agencies to analyze Project impacts on “tribal cultural resources” separately from archaeological resources (PRC § 21074; 21083.09). AB 52 also requires lead agencies to engage in additional consultation procedures with respect to California Native American tribes (PRC § 21080.3.1, 21080.3.2, 21082.3). In response to AB 52, the City supplied the following Native American tribes with a Project description and map of the proposed Project area and a request for comments:
 United Auburn Indian Community of the Auburn Rancheria  Yocha Dehe Wintun Nation
 Estom Yomeka Maidu Tribe of the Enterprise Rancheria
 Mechoopda Indian Tribe
 Pakan’yani Maidu of Strawberry Valley
 Mooretown Rancheria of Maidu Indians
 Ione Band of Miwok Indians

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

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

Would the Project cause a substantial adverse change to a TCR, defined in Section 21074 as sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a Native American tribe that are:
 Included or determined to be eligible for inclusion in the California Register of Historical Resources;

Page 247 of 426 ends

79  Included in a local register of historical resources as defined in subdivision k of Section 5010.1; and/or
 Determined by the City to be significant, as supported by substantial evidence, including:
o A cultural landscape with a geographically defined boundary; o A historical resource as described in Section 21084.1 (either eligible for or listed on the California Register of Historical Resources or listed on a local registry); o A unique archaeological resource as defined in Section 21083.2; and/or o A non-unique archaeological resource as defined in Section 21083.2.

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

3.18.6 Impact Assessment/Environmental Consequences:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k).

There are no buildings on the property that will be removed as part of this Project. Therefore, the impacts on any historical resources, directly or indirectly is considered to be less than significant. b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1.

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

The City solicited consultation with culturally affiliated California Native American tribes (regarding the proposed project in accordance with AB 52) to which no tribes responded. No known TCRs have been identified (as defined in Section 21074) within the proposed Project area. Given the level of previous disturbance within the Project area, it is not expected that any TCRs would remain. However, during grading and excavation activities, there is a potential to encounter native soils, which may contain undiscovered TCRs. In the unlikely event resources are discovered during ground disturbing activities that are associated with Native American culture, compliance with the TCR Mitigation Measure provided below would reduce the potential impacts to a less than significant level.

3.18.7 Tribal Cultural Mitigation Measures
Tribal Cultural Resources Mitigation 1: Unanticipated Discoveries: If any suspected TCRs are discovered during ground disturbing construction activities, all work shall cease within 100 feet of the find, or an agreed upon distance based on the project area and nature of the find. A Tribal

Page 248 of 426 ends

80 Representative from a California Native American Tribe that is traditionally and culturally affiliated with a geographic area shall be immediately notified and shall determine if the find is a TCR (PRC 21074). The Tribal Representative will make recommendations for further evaluation and treatment as necessary.

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

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

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

Page 249 of 426 ends

81 3.19 Utilities and Service Systems
Table 3-19: Utilities and Service Systems
Would the project: Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Require or result in the relocation or construction
of new or expanded water or wastewater
treatment or storm drainage, electric power,
natural gas, or telecommunications facilities, the
construction or relocation of which could cause
significant environmental effects?
X
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry, and multiple dry
years?
X
c) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
projected demand in addition to the existing
commitments?
X
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment
of solid waste reduction goals?
X
e) Comply with federal, state, and local management
and reduction statutes and regulations related to
solid waste?
X

3.19.1 Environmental Setting/Affected Environment
Wastewater:

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

Water:

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

Reuse and Recycling:

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

Page 250 of 426 ends

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

Regarding the rezoning to remove the X19 Combining Zone District, there is no impact on Utilities and Service Systems as the rezoning involves only methods of financing street improvements. Therefore, the rezoning is not further discussed in this section.

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

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

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

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

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

Regional Water Quality Control Boards: The primary responsibility for the protection of water quality in California rests with the State Water Resources Control Board (State Board) and nine Regional Water Quality Control Boards. The State Board sets statewide policy for the implementation of state and federal laws and regulations. The Regional Boards adopt and implement Water Quality Control Plans (Basin

Page 251 of 426 ends

83 Plans), which recognize regional differences in natural water quality, actual and potential beneficial uses, and water quality problems associated with human activities.

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

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

3.19.4 Impact Assessment/Environmental Consequences:
a) Require or result in the relocation or construction of new or expanded water or wastewater treatment or storm drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? See b) below.
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? The Project will connect to both the City’s water and wastewater treatment systems.

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

The Yuba City Wastewater Treatment Facility (WWTF) has available capacity to accommodate new growth. The WWTF current permitted capacity is 10.5 mgd (annual average dry weather flow). The existing average influent flow to the WWTF is approximately 6 mgd. The remaining treatment capacity at the WWTF can be used to accommodate additional flow from future developments.

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

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

Page 252 of 426 ends

Yuba City City CouncilSeptember 17, 2024

Yuba City City Council
September 17, 2024