ATTACHMENT 3
RESOLUTION NO. ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
DECLARING ITS INTENTION TO LEVY AND COLLECT AN ANNUAL ASSESSMENT FOR CALENDAR YEAR 2025 IN THE DOWNTOWN YUBA CITY BUSINESS IMPROVEMENT
DISTRICT AND SETTING A PUBLIC HEARING FOR
JANUARY 21, 2025
WHEREAS, pursuant to the Parking & Business Improvement Area Law of 1989, California Streets & Highway Code Section 36500 et seq. (the “Act”), the City Council adopted Ordinance No. 06-98 which became effective on January 1, 1999, and WHEREAS, pursuant to the Act and Section 3.9.020 of the Yuba City Municipal Code added by Ordinance No. 06-98, the City Council established a certain described parking and business improvement area named the Downtown Yuba City Business Improvement District (“District”); and
WHEREAS, pursuant to Section 3.9.030 of the Yuba City Municipal Code added by Ordinance No. 06-98, the City appointed the elected officers of the Yuba City Downtown Business Association to serve as an advisory board to the City Council (the “Advisory Board”) and authorized the City to enter into an agreement with the Advisory Board to carry out the purposes of the Act and Chapter 9 of the Yuba City Municipal Code; and WHEREAS, the Advisory Board has filed the Annual Report for calendar year 2024-2025 with the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS:
1. The recitals set forth herein are true and correct.
2. The City Council does, at the request of the Advisory Board, and pursuant to the Act, declare its intention to levy and collect assessments within the District for calendar year 2025. The District is generally located in the downtown area of Yuba City, as more specifically depicted in Attachment 2.
3. Revenue from the assessments levied in the District shall be used to fund improvements and activities to promote the District. The types of activities to be funded include promotion of public events in the District, promotion of tourism within the District, and activities that benefit businesses located and operating in the District.
4. The 2024-2025 Annual Report contains a full and detailed description of the improvements and activities to be provided for in calendar year 2025, the boundaries of the District and boundaries of each separate benefit zone within the District, and the proposed assessments to be levied upon the businesses within the area. A true and correct copy of the Annual Report is on file with the City Clerk of the City of Yuba City, which has been approved by the City Council.
5. A public hearing to levy the annual assessment is hereby set for Tuesday, January 21, 2025, at 6:00 p.m., or as soon thereafter as may be heard, before the City Council of the City of Yuba City at the Council Chambers located at 1201 Civic Center Boulevard, Yuba City,
California.
6. At the public hearing the testimony of all interested persons, for or against the levying of the proposed assessment will be heard. A protest against the levying of the proposed assessment may be made orally or in writing. An oral protest shall be made at the public hearing. The form and manner of protests must comply with Sections 36524 and 36525 of the Act.
7. If at the conclusion of the public hearing, there are of record, valid written protests by the owners of the businesses within the District that will pay fifty percent (50 percent) or more of the total assessments of the entire District, no further proceedings, to levy the proposed assessment shall be taken for a period of at least one (1) year from the date of the finding of the majority written protest by the City Council.
8. Further information regarding the Downtown Yuba City Business Improvement District may be obtained from the City Clerk of the City of Yuba City at 1201 Civic Center Boulevard, Yuba City, California, or from the President of the Yuba City Downtown Business Association, Ryan Henshaw, State Farm Insurance, 799 Plumas Street, Yuba City, California.
9. The City Clerk is instructed to provide notice of the public hearing by publishing this Resolution of Intention in a newspaper of general circulation in the City of Yuba City no less than seven (7) days before the hearing.
10. This Resolution is effective on its adoption.
I HEREBY CERTIFY that the foregoing resolution was introduced and read at a Regular Meeting of the City Council of the City of Yuba City on the 17th day of December, 2024, and was duly adopted at said meeting by the following vote:
AYES:
NOES:
ABSENT:
_______________________
Dave Shaw, Mayor
ATTEST:
______________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Agenda Item 23
CITY OF YUBA CITY
STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Downtown Yuba City Business Improvement District Ordinance Recommendation: A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of the City of Yuba City to amend Municipal Code Section 3-9.050 for the collection of delinquent assessments, by title only, and waive the first reading
Fiscal Impact: This will improve the ability to collect delinquent Business Improvement District assessments
Purpose:
To improve the ability to collect delinquent Downtown Yuba City Business Improvement District assessments.
Council's Strategic Goal:
This item addresses Council's goals of Business Friendly and Fiscal Responsibility.
Background:
Chapter 9, Title 3 of the Yuba City Municipal Code addresses the Downtown Yuba City Business Improvement District (BID). Section 3-9.050 includes provisions for the collection of assessments, in which the City collects the annual assessments and the "District" collects delinquent assessments. The Downtown Business Association (DBA) has been acting as the "District" and is not set-up to collect delinquent assessments. Representatives from the DBA Board asked staff if the City could take over this function. Staff supports the DBA's request as the City has more tools available to collect delinquent assessments, including levying the assessment against the property owner's tax roll.
Analysis:
Staff recommends modifying Section 3-9.050, "Collection of assessment and refunds", as follows:
1. Modify Section 3-9.050a to identify that the City shall bill and collect all assessments, including delinquent assessments, from all businesses, trades, and professions within the District, or
property owners, should the business, trade, or profession owner fail to pay.
2. Delete Section 3-9.050b to remove language related to the District collecting all delinquent assessments.
3. Add Section 3-9.050d to specify the process for collection of delinquent assessments. The City may impose late penalties, and should the assessment remain delinquent as of June 30 of each year, the City may initiate and implement collection via a levy of the assessment on the property tax roll.
As this change will impact property owners, property owners will be notified multiple times that an assessment is delinquent. Notices will be sent to the property owner(s) concurrently with the second reminder notice, first delinquency letter, which will include a 10% penalty, and the second delinquency letter, which will include an escalating penalty, to the business owner(s).
Should the delinquent assessment still not be paid, the collection process will transition to a lien process that will include the following steps:
1. Finance Department shall prepare a written report, which shall be filed with the City Clerk, describing each parcel of which there are delinquent assessments during the preceding year, and the amount of delinquency.
2. City Clerk shall publish the notice of the report's filing and of the time and place of hearing on the report, prior to the date set for the hearing. The Finance Department shall mail written notice of the report's filing to each property owner whose property is identified as being subject to delinquent assessment charges.
3. Finance Department shall conduct a prehearing to hear and consider all objections or protests.
The Finance Director shall then make a determination on each delinquency and present the list to the City Council for final determination at a public hearing.
4. City Council shall conduct a public hearing to consider all objections or protests, and then make a recommendation of each delinquency filed. The City Council's determination is final.
5. Following the hearing, prior to August 10 of each year, the City Clerk shall file with the Finance Director a copy of the signed report to submit to Sutter County to include the amount of delinquencies on the bills for taxes levied against the properties identified in the report.
As this is a change in how delinquent assessments are collected, staff invited all business and property owners to a meeting on November 19th to hear and provide feedback about the proposed changes.
Few business and property owners were present. However, those in attendance inquired about the notification process to property owners. In addition, in early December, a follow-up letter was sent to all business and property owners to notify them of the proposed change and of the public hearing scheduled for consideration of this item.
Fiscal Impact:
As the DBA did not have tools available to collect delinquent assessments, there is a long list of aged accounts from businesses within the BID. The DBA Board voted to only pursue the collection of delinquent assessments dating back to January 2023, and forgive all other past due assessments.
Staff is working with the DBA to identify the businesses and corresponding property owners that will be subject to collection of delinquent assessments, and will follow the process outlined in the amended Ordinance should it be adopted and become effective.
Alternatives:
1. Direct staff to modify the proposed code changes.
2. Do not amend the code.
Recommendation:
A. Conduct a Public Hearing; then
B. Introduce an Ordinance of the City Council of the City of Yuba City to amend Municipal Code Section 3-9.050 for the collection of delinquent assessments, by title only, and waive the first reading.
Attachments:
1. Proposed Ordinance Update - Downtown Business Improvement District
2. Municipal Code - Chapter 9 of Title 3
Prepared By: Submitted By:
Diana Langley
City Manager
Diana Langley
City Manager
- 36 -
ATTACHMENT 1
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AMENDING MUNICIPAL CODE SECTION 3-9.050 FOR THE COLLECTION OF DELINQUENT
ASSESSMENTS
WHEREAS, the Downtown Yuba City Business Improvement District was created in 1998 as a self-initiated business district funded by an annual assessment; and WHEREAS, Chapter 9 of Title 3 of the Yuba City Municipal Code contains the parameters related to the establishment and implementation of the Downtown Yuba City Business Improvement District; and
WHEREAS, Section 3-9.050, “Collection of assessment and refund” currently identifies that the City will collect assessments, the “District” will collect delinquent assessments, and does not include current tools available to collect delinquent assessments; and WHEREAS, the Downtown Business Association has requested that the City modify the Ordinance so that the City collects all assessments, current and delinquent; and WHEREAS, staff concurs with the Downtown Business Association’s request and would like to add the ability to collect delinquent assessments from property owners via a lien placed on the property tax roll; and
WHEREAS, the City Council now desires to amend Chapter 9 of Title 3 of the Yuba City Municipal Code.
NOW, THEREFORE, the City Council of the City of Yuba City does ordain as follows:
Section 1. The above recitals are incorporated by reference.
Section 2. Section 3-9.050 of Chapter 9 of Title 3 of the Yuba City Municipal Code is amended to read in its entirety as follows:
Sec. 3-9.050. Collection of assessment and refunds.
(a) The City shall bill and collect from all businesses, trades, and professions within the District all assessments authorized by this chapter. Should the business, trade, or profession not pay their assessment, the City will collect delinquent assessments from the property owner of which the business, trade, or profession is located.
(b) The City shall pay any costs the City incurs for the process of billing and/or collecting the nondelinquent assessments for the Business Improvement District. (c) No refund upon termination of business within the business improvement district. The business assessments under the terms of this chapter are not refundable upon termination of a business or for any unused portion or term of the assessment year. (d) Collection of delinquent assessments. For delinquent assessments, the City may impose late payment penalties on businesses that fail to timely pay their respective assessments at a rate of 10% per month. If the assessment remains unpaid 60 days after the date of delinquency, the City may commence any action it deems appropriate or necessary to recover the delinquent assessments and late payment penalties. Any business which is delinquent in
payment of its assessment shall be liable for all costs of collection of the delinquent assessment.
All assessments which remain delinquent as of June 30 of each year may be collected in the same manner as the general taxes for the City for the forthcoming fiscal year, as follows:
(1) The City's Finance Department shall prepare a written report, which shall be filed with the City Clerk. The report shall describe each parcel of real property for which there are any assessment delinquencies during the preceding year, and the amount of delinquency. (2) The City Clerk shall publish notice of the report's filing and of the time and place of hearing on the report, prior to the date set for the hearing. The notice shall be published once a week for two successive weeks prior to the hearing. The Finance Department shall also mail written notice of the report's filing to each property owner whose property or parcel is identified as being subject to delinquent assessment charges. (3) At the time stated in the notice for the prehearing, the Finance Director and/or designee shall hear and consider all objections or protests, if any, to the report concerning the delinquencies in a "prehearing." Thereafter, the City Finance Director may revise, change, reduce, or modify any delinquency, or overrule any or all objections thereto. The Finance Director shall then make his or her determination on each delinquency identified in the report, and present the list to the City Council for final determination at the public hearing stated in the notice.
(4) At the time stated in the notice, following the prehearing and prior to submission to the County of Sutter, the City Council shall hear and consider all objections or protests, if any, to the report concerning the delinquencies. Thereafter the City Council may adopt, revise, change, reduce or modify any delinquency or overrule any or all objections thereto. The City Council shall then make its determination on each delinquency identified in the report; the City Council's determination shall be final. (5) Following the hearing, on or before August 10 of each year, the City Clerk shall file with the City's Finance Director a copy of the signed report to submit to the County. The Finance Director will submit a request to the County of Sutter to include the amount of delinquencies on the bills for taxes levied against the properties identified in the report.
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.
PUBLICATION. The City Clerk shall certify the adoption of this Ordinance and cause it to be published, in accordance with Government Code, Section 36933, or as otherwise required by law.
EFFECTIVE DATE. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.
Introduced and read at a regular meeting of the City Council of the City of Yuba City on the 17th day of December 2024, and adopted at a regular meeting thereof held on the 21st day of January 2025.
AYES:
NOES:
ABSENT:
____________________________
Dave Shaw, Mayor
City of Yuba City
ATTEST:
___________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBACITY
__________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
TITLE 3. - FINANCE
CHAPTER 9. DOWNTOWN YUBA CITY BUSINESS IMPROVEMENT DISTRICT Yuba City, California, Code of Ordinances Created: 2023-08-01 09:46:01 [EST] (Supp. No. 8, Update 1)
CHAPTER 9. DOWNTOWN YUBA CITY BUSINESS IMPROVEMENT DISTRICT Sec. 3-9.010. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) "Act" shall mean the parking and business improvement Area Law of 1989, Streets and Highways Code § 36500 et seq.
(b) "Activities" shall mean and include, without limitation: promotion of public events which benefit businesses in the District.
(c) "Assessment" shall mean a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the businesses located and operating within the District.
(d) "Associate member" shall mean a business owner located outside the BID boundaries that participates by paying an associate member assessment.
(e) "Billing period" shall mean the time between January 1 of any year and December 31 of the same year. (f) "District" shall mean the parking and business improvement area established pursuant to Section 3-9-020 of this Code.
(g) "Financial business" shall mean banks, savings and loan institutions, credit unions, and other related businesses.
(h) "Fiscal year" shall mean January 1 to and including December 31 of the same year. (i) "Improvements" shall mean the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more, including, without limitation: parking facilities, benches, trash receptacles, street lighting, decorations, parks and fountains. (j) "Lodging business" shall mean and include, without limitation, hotels, motels, inns, recreational vehicle parks, bed and breakfast inns, and other similar businesses. (k) "Professional business" shall mean and include attorneys, architects, accountants, engineers, surveyors, physicians, dentists, optometrists, chiropractors and others in a medical/health service field, consultants, real estate brokers, financial advisors, laboratories (including dental and optical), hearing aid services, artists and designers, and similar businesses.
(l) "Retail, restaurant and service business" shall mean and include businesses that buy and resell goods such as clothing stores, shoe stores, office supplies, businesses that sell prepared foods and drinks, general office, news and advertising media, printers, photographers, personal care facilities and outlets, contractors/builders, service stations, repairing and servicing businesses, renting and leasing businesses, utilities, vending machine businesses, household finance companies, theaters and entertainment-oriented businesses, and other similar businesses not otherwise defined in the other categories. (§ 1, Ord. 06-98, eff. August 19, 1998)
Created: 2023-08-01 09:46:01 [EST]
(Supp. No. 8, Update 1)
Sec. 3-9.020. Establishment of Business Improvement District and boundaries of District.
A Parking and Business Improvement Area is hereby established pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code § 36500 et seq. This District shall be called the Downtown Yuba City Business Improvement District. There shall be two benefit zones within the District, based upon the degree of benefit to be derived from the improvements and activities to be provided within the benefit zones as provided in the Act. The boundaries of the District and the benefit zones within the District are shown on the attached map and described in the form of assessor's parcel numbers in Exhibit A. (§ 1, Ord. 06-98, eff. August 19, 1998)
Sec. 3-9.030. Establishment of Advisory Board; agreement; amendments to the Act.
The elected officers of the Downtown Yuba City Business Association shall serve as an Advisory Board to the City Council, and shall make recommendations to the City Council on the expenditure of revenues derived from the levy of assessments pursuant to this chapter, on the classification of businesses, and on the method and basis of levying the assessments. Persons owning businesses within the boundaries of the District shall be qualified to serve as members of the Advisory Board. The Board may appoint a director who is an associate member. Any and all voting within the District regarding election of persons to serve on the Advisory Board, matters concerning the conduct of the advisory board, or any actions of the advisory board shall be based on one vote per assessed dollar of the assessment made pursuant to this chapter. Only businesses which are current in the payment of their assessments shall be entitled to participate in any such vote. (§ 1, Ord. 06-98, eff. August 19, 1998)
Sec. 3-9.040. Establishment of assessment; exclusion from assessment. (a) Commencing January 1, 1999, all businesses, trades, and professions located within the District shall pay an annual assessment in the following amounts, depending on the benefit zone in which the business is located, the classification of the business, and number of employees the business employs:
Annual
Assessment Zone
Business Type Business Size
Number of Employees
A B
Small 1—4 $385 $180
Medium 5—9 $560 $285
Retail, Restaurant and
Service
Large 10+ $735 $380
Professional Business $350 $180
Lodging Business $560 $285
Financial Institutions $875 $725
Associate Members: Businesses outside the BID boundaries that would like to participate will be assessed $175.
NOTE: Retail and restaurant businesses will be assessed on size which will be determined by number of employees, either full-time, or the equivalent made up of multiples of part-time employees. (b) Property within the District boundaries used for residential purposes are exempt from assessment within the District.
Created: 2023-08-01 09:46:01 [EST]
(Supp. No. 8, Update 1)
(c) The assessment for any new business established within the District shall be due and payable on the date of issuance of the business license or on the date the business first opens to the public, whichever first occurs.
Said initial assessment shall be prorated on the basis of the remaining fiscal year. Thereafter, annual assessments will be due and payable on January 1 of each year. (§ 1, Ord. 06-98, eff. August 19, 1998; § 1, Ord. 007-07, eff. May 31, 2007) Sec. 3-9.050. Collection of assessment and refunds.
(a) The City shall bill and collect from all businesses, trades, and professions within the District all nondelinquent assessments authorized by this chapter. Should the business, trade, or profession not pay their assessment, the City will collect delinquent assessments from the property owner of which the business, trade, or profession is located.
(b) Except for the initial assessment for new businesses pursuant to Section 3-9.040(c) of this chapter, the businesses in the BID have the option to pay the annual BID assessment on a quarterly basis. The District shall be responsible for collecting all delinquent assessments. The District may impose late payment penalties on businesses that fail to timely pay their respective assessments at a rate of 10% per month. If the assessment remains unpaid 60 days after the date of delinquency, the District may commence any action it deems appropriate or necessary to recover the delinquent assessments and late payment penalties. Any business which is delinquent in payment of its assessment shall be liable for all costs of collection of the delinquent assessment.
(cb) The City shall pay any costs the City incurs for the process of billing and/or collecting the non-delinquent assessments for the Business Improvement District.
(dc) No refund upon termination of business within the business improvement district. The business assessments under the terms of this chapter are not refundable upon termination of a business or for any unused portion or term of the assessment year.
(d) Collection of delinquent assessments. For delinquent assessments, the City may impose late payment penalties on businesses that fail to timely pay their respective assessments at a rate of 10% per month. If the assessment remains unpaid 60 days after the date of delinquency, the City may commence any action it deems appropriate or necessary to recover the delinquent assessments and late payment penalties. Any business which is delinquent in payment of its assessment shall be liable for all costs of collection of the delinquent assessment.
All assessments which remain delinquent as of June 30 of each year may be collected in the same manner as the general taxes for the City for the forthcoming fiscal year, as follows:
(1) The City's Finance Department shall prepare a written report, which shall be filed with the City Clerk.
The report shall describe each parcel of real property for which there are any assessment delinquencies during the preceding year, and the amount of delinquency. (2) The City Clerk shall publish notice of the report's filing and of the time and place of hearing on the report, prior to the date set for the hearing. The notice shall be published once a week for two successive weeks prior to the hearing. The Finance Department shall also mail written notice of the report's filing to each property owner whose property or parcel is identified as being subject to delinquent assessment charges.
(3) At the time stated in the notice for the prehearing, the Finance Director and/or designee shall hear and consider all objections or protests, if any, to the report concerning the delinquencies in a "prehearing." Thereafter, the City Finance Director may revise, change, reduce, or modify any delinquency, or overrule any or all objections thereto. The Finance Director shall then make his or her determination
Created: 2023-08-01 09:46:01 [EST]
(Supp. No. 8, Update 1)
on each delinquency identified in the report, and present the list to the City Council for final determination at the public hearing stated in the notice. (4) At the time stated in the notice, following the prehearing and prior to submission to the County of Sutter, the City Council shall hear and consider all objections or protests, if any, to the report concerning the delinquencies. Thereafter the City Council may adopt, revise, change, reduce or modify any delinquency or overrule any or all objections thereto. The City Council shall then make its determination on each delinquency identified in the report; the City Council's determination shall be final.
(5) Following the hearing, on or before August 10 of each year, the City Clerk shall file with the City's Finance Director a copy of the signed report to submit to the County. The Finance Director will submit a request to the County of Sutter to include the amount of delinquencies on the bills for taxes levied against the properties identified in the report.
(§ 1, Ord. 06-98, eff. August 19, 1998; § 2, Ord. 007-07, eff. May 31, 2007) Sec. 3-9.060. Purpose and use of assessment.
Revenue from the assessments levied in the District shall be used to fund improvements and activities to promote the District. Revenue from the assessments levied in the District shall not be used to provide improvements or activities which do not promote the District or for any purpose other than the purposes specified in the Act and the resolution of intention of the City Council concerning establishment of the District. (§ 1, Ord. 06-98, eff. August 19, 1998)
Sec. 3-9.070. Voluntary contributions to the District.
(a) The City or Advisory Board may accept voluntary contributions to the District's account by any person, business, or entity. The boundary of the District shall not be modified as a result of any voluntary contribution. A business which contributes voluntarily to the District shall not be considered a part of the District.
(b) Upon a specific finding by the Advisory Board that the District would derive a benefit from the participation of a business which has voluntarily contributed to the District's account may participate in specified programs of the District for the billing period in which the voluntary contribution is made. (§ 1, Ord. 06-98, eff. August 19, 1998)
Sec. 3-9.080. Annual report to the City Council; conduct of hearing; levy of assessment. (a) The Advisory Board shall prepare, on or before December 1, a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The Advisory Board shall file the report with the City Clerk and shall specify the name of the District, the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following:
(1) The improvements and activities to be provided for that fiscal year. (2) An estimate of the cost of providing the improvements and the activities for that fiscal year.
Created: 2023-08-01 09:46:01 [EST]
(Supp. No. 8, Update 1)
(3) The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year. (4) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. (5) The amount of any contributions anticipated to be made from sources other than assessments levied pursuant to this part.
(b) The Advisory Board's report may propose changes, including, but not limited to, the boundaries of the District of any benefit zones within the District, the basis and method of levying the assessments, and any changes in the classification of businesses. If such changes are proposed in the report, the report shall also include a detailed description of any such proposed changes. (c) After the filing of the report, the City Council shall adopt a resolution of intention to levy an annual assessment for that fiscal year, and shall comply with the Act in preparing the resolution, setting the matter for a public hearing on the levy of the proposed assessment for that fiscal year, publishing notice of the public hearing, and conducting the public hearing.
(d) At the conclusion of the public hearing, the City Council may adopt a resolution confirming the report as originally filed, or as modified by the City Council. The adoption of the resolution shall constitute a levy of an assessment for the fiscal year referred to in the report. (§ 1, Ord. 06-98, eff. August 19, 1998)
Sec. 3-9.090. District revenues not to offset City services.
The City shall not use or require the Advisory Board to use District revenues to offset City expenditures for capital improvement projects in the District and maintenance of City property and public works, including, without limitation, public property, sidewalk, street and restroom cleaning and maintenance, and tree maintenance. The City shall not diminish the level or standard of maintenance or capital improvement projects in the District solely because of the existence of District revenues.
(§ 1, Ord. 06-98, eff. August 19, 1998)
Sec. 3-9.100. Public parking.
The District's revenues, whether generated by assessment or voluntary contribution, shall not be used to acquire and/or construct public parking within the District, unless such use of the revenues is specifically approved by a majority vote of the business owners in the District as set forth in Section 3-9.030. (§ 1, Ord. 06-98, eff. August 19, 1998)
Sec. 3-9.110. Modification or disestablishment of the District. (a) The City Council may modify the boundaries of the District, the boundaries of the benefit zones, the amount, basis or method of levy of the assessments, and any improvements or activities to be funded with revenues derived from the levy of assessments. Any modifications shall be made pursuant to the procedures set forth in the Act.
(b) The City Council may disestablish the District as set forth in the Act. Any action to disestablish the District shall be taken pursuant to the procedures set forth in the Act.
Created: 2023-08-01 09:46:01 [EST]
(Supp. No. 8, Update 1)
(c) Upon the disestablishment of the District, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be refunded to the owners of the businesses then located and operating within the District as required by the Act. (§ 1, Ord. 06-98, eff. August 19, 1998)
Agenda Item 24
CITY OF YUBA CITY
STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Small Wireless Telecommunication Facilities within the City's Right of Way Recommendation: Adopt a Resolution that:
A. Amends the City’s Fee Schedule to include new fees for the processing of Wireless Telecommunication Facility Permits in the City’s Public Right-of-Way
B. Authorizes the City Manager to execute a Master License Agreement with New Cingular Wireless PCS, LLC (AT&T) for use of Municipal Facilities to install Small Wireless Facilities
Fiscal Impact: Minimal costs associated with staff time preparing documents. The proposed fee schedule is intended to recover the City’s actual costs of staff’s time to process small wireless facility permit applications and should therefore be cost-neutral.
The proposed fee and trust deposit amounts are listed below:
Wireless Telecommunication Permit Fee - $3,065.73
Wireless Telecommunication Trust Deposit - $1,000.00
Purpose:
To regulate telecommunication infrastructure within the City’s right of way and other municipal facilities and to establish fees for permitting the installation of wireless telecommunication facilities within the City’s Public Right-of-Way.
Council’s Strategic Goals:
The Fee Schedule addresses the City Council’s Strategic Goals of being Business Friendly, while also maintaining Fiscal Responsibility.
Background:
In recent years, wireless telecommunication facilities have evolved into various types of facilities, two types of which are administrative wireless telecommunication facilities and major wireless telecommunication facilities. Major wireless telecommunication facilities are known as “macro-cells”, while the administrative wireless telecommunication facilities are known as “small wireless facilities” (SWFs).
Wireless telecommunication carriers increasingly seek to place SWFs in the City’s Public Right-of-Way on utility poles, streetlights, and new poles. The demand for such wireless installations, particularly SWFs, is expected to grow exponentially over the next several years given the expansion of home streaming video, social media, drones, self-driving cars, and the Internet of Things (IoT) serving homes and businesses. To accommodate this expansion, the telecommunications industry seeks to implement SWFs by installing them onto street light poles and other utility poles in the Public Right-of-Way that are well-suited for limited range SWFs.
The Federal Communications Commission (FCC) released a Declaratory Ruling and Third Report and Order (FCC Order) significantly limiting state and local management of SWFs in the Public Right-ofWay. In short, the FCC Order defines SWFs as follows:
• No more than 28 cubic feet in volume for all associated wireless equipment on one structure. • Antennas for SWFs shall be no more than 3 cubic feet in volume. • Total height cannot be greater than 50 feet or extend higher than 10% the height of adjacent structures, whichever is greater.
The FCC Order also has caps for all fees that local governments can charge to the actual and reasonable cost of providing service, imposed a review timeline know as a “shot clock” of 60 days for SWFs added to existing structures or 90 days for SWFs proposing a new structure, and the FCC preempts all aesthetic requirements for SWFs in the Public Right-of-Way, unless they are feasible, no more burdensome than those applied to other types of infrastructure deployments, and published in advanced.
Soon after the FCC Order was implemented New Cingular Wireless PCS, LLC (AT&T) has been in communication with the City and expressed interested in constructing Small Wireless Facilities in Yuba City. On July 19, 2022, Council adopted the Wireless Telecommunication Facilities in the City’s Public Right of Way Ordinance, which provides the regulatory framework and standards for permitting the installation of SWFs within the City’s Public Right-of-Way. The ordinance and corresponding design standards were developed in response to the FCC Order. The ordinance also addresses “eligible facilities requests”— a category of “by-right” installations that were established by the FCC several years ago, but never acknowledged in the City’s previous version of the Municipal Code. The “eligible facilities request” means any request for modification to an existing eligible support structure that does not substantially change the physical dimensions of such structure.
Analysis:
City approval of macro and small wireless telecommunication facilities within the City’s Public Right-ofWay or on City-owned property will require a new type of permit, titled a Wireless Telecommunication Facility Permit (WTFP). To address the difference between macro and small wireless telecommunication facilities, the WTFP will have a supplemental application to classify the facility. Both the Public Works and Development Services departments collectively estimate that it takes staff, on average, approximately 26 hours to review and process WTFP applications (not counting consultant time), including reviewing applications for completeness, noticing residents, reviewing proposed plans, responding to inquiries, and issuing the permit.
In accordance with the FCC Order and California Government Code Section 50030 the proposed Fee Schedule represents a reasonable approximation of the City’s actual costs to process WTFP applications consistent with other types of encroachment and development permit fees.
Additionally, AT&T has shown interest in constructing SWFs in Yuba City and has been in contact with Public Works staff since 2019. As a result, staff consulted with the City's Attorney to develop a Master
License Agreement that positions the City to be able to create a new revenue stream to allow SWFs in the City while also minimizing impacts to the public by having requirements in the WTF permit application that help dictate the location and esthetics for a SWF.
Fiscal Impact:
The proposed Resolution will establish a new flat fee for the WTF permit application and Eligible Facility Requests (EFR) to recover the actual costs to the City for processing these permits. Fees will increase annually based on the Consumer Price Index. Along with the new flat fee, there will also be a Trust Deposit to cover the cost of services for additional staff or consultant time when reviewing a permit application. Any unused deposit will be returned to the applicant upon issuance or denial of the permit.
A table with the proposed fee and trust deposit is shown below:
Wireless Telecommunication
Permit Fee
$3,065.73
Wireless Telecommunication
Permit Trust Deposit
$1,000.00
Alternatives:
Direct staff to modify the Master License Agreement language or do not move forward with authorizing a Master License Agreement at this time, resulting in the City of Yuba City restricting its rights to enforce standards and regulations for wireless telecommunication facilities and structures in the City’s Public Right-of-Way.
Recommendation:
Adopt a Resolution that:
A. Amends the City’s Fee Schedule to include new fees for the processing of Wireless Telecommunication Facility Permits in the City’s Public Right-of-Way B. Authorizes the City Manager to execute a Master License Agreement with New Cingular Wireless PCS, LLC (AT&T) for use of Municipal Facilities to install Small Wireless Facilities Attachments:
1. Resolution - Amend Fee Schedule adding Wireless Telecommunication Facilities in PROW Permit Fees and Master License Agreement
Prepared By: Submitted By:
William Jow
Assistant Engineer
Diana Langley
City Manager
01248.0015/763756.2 -1-
RESOLUTION 2024-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AMENDING THE CITY’S FEE SCHEDULE TO INCLUDE NEW FEES FOR THE
PROCESSING OF WIRELESS TELECOMMUNICATION FACILITY PERMITS IN THE PUBLIC RIGHT-OF-WAY.
WHEREAS, the California Government Code requires that fees for services charged by municipalities not exceed the cost of providing the service for which the fee is levied and that no fee or service charge or increase in an existing fee or charge may be levied without the public having an opportunity to make oral or written public comment at a regularly scheduled City Council meeting; and
WHEREAS, with respect to the costs of processing applications for wireless telecommunications facilities, California law has established the following additional limits upon those permit fees and charges for services that may be recovered by municipalities, as follows:
“Cal. Gov. Code § 50030. Any permit fee imposed by a city, including a chartered city, a county, or a city and county, for the placement, installation, repair, or upgrading of telecommunications facilities such as lines, poles, or antennas by a telephone corporation that has obtained all required authorizations to provide telecommunications services from the Public Utilities Commission and the Federal Communications Commission, shall not exceed the reasonable costs of providing the service for which the fee is charged and shall not be levied for general revenue purposes.”; and
WHEREAS, on September 27, 2018, the Federal Communications Commission (“FCC”) issued a new order and regulations (the “FCC Order”), which, in part, sets fee limits upon municipal service charges and permit fees for the processing of applications to deploy wireless telecommunications facilities. The FCC Order concluded that City fees, and fees for the use of government property in the public-right-of-way (“PROW”) violate Sections 253 or 332(c)(7) of the Federal Telecommunications Act unless these conditions are met: (1) the fees are a reasonable approximation of the local government’s costs, (2) only objectively reasonable costs are factored into those fees, and (3) the fees are no higher than the fees charged to similarly-situated competitors in similar situations; and
WHEREAS, at the City Council meeting of July 19, 2022, the City Council adopted an ordinance adding Chapter 8 to the Yuba City Municipal Code relating to the processing of Wireless Telecommunication Facilities (WTF) Permit applications in the Public Right-of-Way; and WHEREAS, in order to ensure that permit fees for these WTF Permit applications will be reasonable and cost-based in accordance with both the FCC Order and Government Code § 50030, City staff has conducted an analysis of the City’s anticipated costs of providing the services and regulatory activities for such applications; and WHEREAS, City staff has performed a cost analysis by estimating the time it takes and resources needed to process WTF Permit applications; and WHEREAS, the estimated cost of the services of the Public Works and Development Services Departments were calculated based on the estimated time for all staff to perform the
01248.0015/763756.2 -2-
necessary to process WTF Permit applications, to ensure that they are reasonable and legally defensible; and
WHEREAS, on 12/3/2024, a public notice announcing the City Council’s public hearing and review of the proposed amendment to establish flat fees and associated trust deposits for WTF Permit applications were published in the Appeal Democrat Newspaper; and WHEREAS, based upon oral and written presentations by City staff and members of the public, including but not limited to staff reports, exhibits, attachments, and the fee analysis, the City Council now desires to adopt certain permit fees for the processing of WTF’s; and WHEREAS, New Cingular Wireless PCS, LLC (AT&T) is interested in entering into a Master License Agreement with the City; and
WHEREAS, the City Council desires to designate its City Manager as the official authorized to commit the City to a Master License Agreement with AT&T Mobility Group
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council finds and determines that the foregoing recitals are true and correct, and adopt the recitals as findings in support of the actions taken herein.
Section 2. That the City Council hereby establishes and adopts the new application processing, administration and implementation fees and deposits as provided in Exhibit A of this Resolution. The permit fee established in Exhibit B shall be for services provided by the City’s staff for the processing of applications received.
Section 3. The deposit amount shall be used to cover additional costs incurred by the City including any consultant fees. Any unused deposit funds shall be refunded to the applicant at the completion of the WTFP processing.
Section 4. That the City Council approves a Master License Agreement with New Cingular Wireless PCS, LLC (AT&T) for use of Municipal Facilities to install Small Wireless Facilities subject to its material terms. The City Manager is authorized to execute and make non-material changes to the same, subject to approval as to legal form by the City Attorney.
Section 5. The project is exempt from the California Environmental Act (CEQA) under section 15061(b)(3) establishing a funding mechanism in and of itself will not have any significant effect on the environment.
Section 6. All exhibits to this Resolution are incorporated herein by reference and made a part hereto.
Section 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution or the application thereof to any person, 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 remainder of this ordinance. The City Council hereby declares that it would have adopted this resolution, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
01248.0015/763756.2 -3-
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 8. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. This Resolution shall be effective immediately upon passage and adoption.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 19th day of November, 2024.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
_____
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):
Exhibit A – Amendment to Master Schedule of Fees and Charges for City Services Exhibit B – Staff Fully Burdened Rate Table
01248.0015/763756.2 -4-
EXHIBIT “A”
AMENDMENT TO MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES SHALL BE AS FOLLOWS:
Permit Type Description Fee ($)
Use Permit Major (all projects other than
minor use permits)
Minor (related to single-family
residence or duplex parking
waiver, signs, temporary
coaches)
Minor Amendments
Major Amendments
Time Extensions: Minor
Major
1,717.38
700.30
700.30
1,717.38
521.01
521.01
Wireless Telecommunication
Facility Permit
Wireless Telecommunication
Facility Permit – Trust
Deposit
Add
Add
3,065.73
1,000.00
01248.0015/763756.2 -5-
EXHIBIT “B”
STAFF FULLY BURDENED RATE TABLE
POSITION TASK FULLY
BURDENE
D RATE
TIME(
HRS)
TOTAL
COST
Review Application for Completeness $118.88 4 $475.52
Assistant
Engineer Upload to City Permitting System and
Process
$118.88 2
$237.76
Admin Analyst II Create Send Out Notices to Residents $98.71 4 $394.84 Assistant
Engineer $118.88 2
$237.76
Chief Building
Inspector
Review Site Plans & Specifications
$178.78 2
$357.56
Coordinate with Staff and Consultants
for Processing $118.88 2
$237.76
Assistant
Engineer
Assist in Creating and Sending Notices $118.88 2
$237.76
Admin. Analyst Review, Upload, and Send Plans $98.71 1 $98.71 CD Technician I Log into City Permitting System and
Process
$66.84 1
$66.84
Deputy Director
of CD
QA/QC Review of Application Material
and Analysis for Approval/Denial $181.65 1 $181.65
Development
Liaison
Review Application for Potential View
Impacts, Appearance, Compatibility,
etc.
$127.13 1 $127.13
Deputy Director
of Public Works
Review Staff’s Recommendations for
Final Approval $206.22 0.5 $103.11
01248.0015/763756.2 -6-
Review Submitted Paperwork, Notices,
Labels, Area Coverage for the Notice $206.22 1 $206.22
Deputy Director
of Public Works Cursory Review Staff’s Comments/
Outside Entities’ Comments/ Decision
for Approval of Permit or Send to
Public Hearing
$206.22 0.5 $103.11
Total $3,065.73
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EXHIBIT “C”
MASTER LICENSE AGREEMENT
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MASTER LICENSE AGREEMENT
BETWEEN THE CITY OF YUBA CITY AND _______________FOR USE OF
MUNICIPAL FACILITIES TO INSTALL
SMALL WIRELESS FACILITIES
This MASTER LICENSE AGREEMENT BETWEEN THE CITY OF YUBA CITY AND ____________ FOR USE OF MUNICIPAL FACILITIES TO INSTALL SMALL WIRELESS FACILITIES (the “Agreement”) is made and entered into as of the latter of two signatures below (“Effective Date”) by and between the City of Yuba City, a municipal corporation (“Licensor” or “City”) and _______________________, a __________ (“Licensee”). Licensor and Licensee may be referred to herein individually as a “Party” or collectively as the “Parties.”
RECITALS
This Agreement is made with reference to the following Recitals, each of which is deemed to be a material term and provision of this Agreement:
A. Licensor is the owner of certain Municipal Facilities.
B. Licensee is duly organized and existing under the laws of the State of ________, and is authorized to conduct business in the State of California. Further, Licensee is legally authorized to enter the PROW for the purposes of installing facilities for the provision of wireless service. Said authorization is detailed at Exhibit B.
C. Licensee desires to use space on certain of Licensor’s Municipal Facilities located in the public right-of-way and public utilities easements within the jurisdictional limits of the City to locate, place, attach, install, operate, control, and maintain Small Wireless Facilities on Licensor’s Municipal Facilities.
D. Licensee hereby acknowledges it must comply with Licensor’s requirements as provided herein including but not limited to all applicable provisions of Laws including Federal, State and the City’s Municipal Code and applicable City Council policies.
E. Licensee is willing to compensate Licensor in exchange for a right to use and physically occupy portions of the Municipal Facilities as provided herein.
AGREEMENT
Definitions and Exhibits.
Definitions. For the purposes of this Agreement and all Exhibits attached hereto, the following terms, phrases, words and derivations shall have the meaning given herein.
Abandons or abandonment means Licensee’s discontinuance of a Small Wireless Facility for the applicable continuous period provided under Laws.
Antenna Equipment means all equipment associated with a Small Wireless Facility, other than the Antenna including that equipment identified at 47 C.F.R. §1.6002(c). For ease, the
01248.0015/763756.2 -9-
current definition in Section 1.6002(c) provides as follows: “Antenna equipment, consistent with § 1.1320(d), means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.” Antenna has the meaning set forth in 47 C.F.R. §1.6002(b), as may be amended.
For ease, the current definition in Section 1.6002(b) provides as follows: “Antenna, consistent with § 1.1320(d), means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under part 15 of this chapter.” Antenna Facility has the meaning set forth in 47 C.F.R. §1.6002(d), as may be amended. For ease, the current definition in Section 1.6002(d) provides as follows: “Antenna facility means an antenna and associated antenna equipment.” Carriers means a provider of wireless telecommunications services or Licensee’s third-party wireless carrier customers. As used herein, Carriers may refer to a Carrier not a party to this Agreement.
City means City of Yuba City.
Code means the City’s Municipal Code.
Commencement Date means the first day of the month following the mutual execution of this Agreement.
Emergency means (1) a situation in which there is an imminent threat of injury to person or property, or loss of life or (2) any outage or failure of a Small Wireless Facility.
FCC means the Federal Communications Commission
Hazardous Substance means any substance, chemical or waste that is identified as hazardous or toxic in any applicable federal, state or local law or regulation, including but not limited to petroleum products and asbestos.
Interfere or Interference means Physical Interference and Radio Frequency Interference.
Laws means any and all applicable federal, state or local statutes, constitutions, ordinances, resolutions including any applicable City Council policy (as long as any such policies are adopted and applied by the City Council in a reasonable manner and consistent with all applicable laws, including, but not limited to, the FCC’s Declaratory Ruling and Third Report and Order (FCC 18-133) in the rulemaking proceeding entitled Accelerating Wireless Broadband by Removing Barriers to Infrastructure Investment, WT Docket No. 17-79 (the “FCC Order”) and related case law), regulations, judicial decisions, judicial opinions, judicial orders, regulatory opinions, regulatory orders, rules, permits, approvals or other applicable requirements of Licensor
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or other governmental entity or agency (including the FCC or any successor agency) having joint or several jurisdiction over Licensee’s activities under this Agreement or having jurisdiction that is applicable to any aspect of this Agreement, including the Code (as defined above), that are in force on the Effective Date of this Agreement, and as they may be enacted, issued or amended during the Term of this Agreement.
Municipal Facilities means Licensor-owned structures located within the public right-of-way that are designated or approved by Licensor as being suitable for placement of one or more Small Wireless Facilities, including but not limited to Licensor-owned street lights and utility poles. “Municipal Facilities” includes “Replacement Poles” as defined in Section 6 of this Agreement.
Permit means any required permit issued under the Code, which may include any applicable zoning and land use planning permits such as conditional use permits, and those permits that monitor and control improvement, construction or excavation activities, or other work or activity, occurring upon or otherwise within the City.
Physical Interference means where equipment, vegetation or a structure interferes with or causes reduced use of another’s prior installed equipment, or an obstruction in a necessary line-of-sight path.
PROW (or public right-of-way) means the space in, upon, above, along, across, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, sidewalks, bicycle lanes, and places, including all public utility easements and public service easements as the same now or may hereafter exist, that are under the jurisdiction of the City. This term also includes any definition adopted in the City’s Municipal Code including section 12.40.020. This term does not include county, state, or federal rights-of-way or any property owned by any person or entity other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such person or entity.
Radio Frequency Interference means the disruption of radio signal transmission or reception caused by any source which generates radio waves at the same frequency and along the same path as the desired wave.
Replacement Pole means replacement pole as it is defined in Section 6 and approved by Licensor.
Site Supplement means each separate site license authorization granted by Licensor, pursuant to Section 2 below, and substantially in the form shown on Exhibit A, which shall be subject to the terms and conditions of this Agreement.
Site Supplement Commencement Date means the first day of the month following the date Licensee has commenced installation of the Small Wireless Facility as approved and identified in Exhibit 1 to the Site Supplement.
Small Wireless Facility or Small Wireless Facilities means a facility meeting the definition set forth in 47 C.F.R. §1.6002(l), as amended, and which is as specifically identified and described in Exhibit 1 attached to each approved Site Supplement (as defined above). For ease,
01248.0015/763756.2 -11-
the current definition in Section 1.6002(l) provides as follows: “Small wireless facilities”consistent with C.F.R. § 1.1312(e)(2), are facilities that meet each of the following conditions:
“(1) The facilities -
(i) Are mounted on structures 50 feet or less in height including their antennas as defined in § 1.1320(d); or
(ii) Are mounted on structures no more than 10 percent taller than other adjacent structures; or
(iii) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of “antenna” in § 1.1320(d)), is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
(4) The facilities do not require antenna structure registration under part 17 of this chapter;
(5) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in § 1.1307(b).” Term means the period that this Agreement is in effect as described in Section 3.1 of this Agreement. The Initial Term (as defined in Section 3.1) and all Renewal Terms (as defined in Section 3.1) shall be collectively referred to herein as the “Term.” Exhibits. The following numbered documents, which are occasionally referred to in this Agreement, are incorporated herein by this reference and made part of this Agreement by this reference:
Exhibit A: Site Supplement
Exhibit 1: City Approved Site Plans and Documentation of Required City Approvals.
Exhibit B:State and Federal Authorizations
Exhibit C:Insurance Requirements.
01248.0015/763756.2 -12-
In the event of any conflict or ambiguity between this Agreement and any approved Site Supplement, the approved Site Supplement (but only with respect to the subject matter or Small Wireless Facility addressed therein) shall govern and prevail.
License Grant and Terms.
Scope. Licensor, as the owner of Municipal Facilities in the PROW, does hereby grant to Licensee a license to use, modify, or replace the Municipal Facilities identified in Exhibit 1 to each approved Site Supplement and to attach, install, operate, maintain, remove, reattach, reinstall and replace, the Small Wireless Facilities identified therein. This grant is subject to the terms, conditions and other provisions set forth in this Agreement Licensee’s license to use the Municipal Facilities shall be non-exclusive as to access to and general use of the Municipal Facilities, but shall be exclusive as to the specific space/areas physically occupied by Licensee’s Small Wireless Facilities.
Use of Municipal Facilities. An approved Site Supplement allows Licensee to access, occupy and use space on each of the Municipal Facilities as identified in Exhibit 1 to the corresponding Site Supplement to attach, install, operate, maintain, upgrade, remove, reattach, reinstall, relocate and replace the Small Wireless Facilities, as identified in Exhibit 1 and subject to Licensor’s approval and/or permitting process. Further and except in the event of an Emergency, Licensee shall have access to the Municipal Facilities upon which Small Wireless Facilities are installed during the hours of 6:00 am to 9:00 pm seven days a week including State and Federal holidays. Licensee shall have Emergency access to the Municipal Facilities on a 24/7 basis. In the event of an Emergency, the Licensee shall notify Licensor as soon as practicably possible at the phone number listed at section 19.2 below. Licensee shall comply with all applicable permit requirements including but not limited to those applicable requirements, regulations, policies and ordinances adopted by Licensor including any encroachment permit or similar requirement.
Alterations; Unauthorized Equipment. Licensee represents that it will not install unauthorized or unpermitted Antenna Facilities, or other equipment. If Licensee proposes to install equipment which is different in any material way from the then-existing and approved Small Wireless Facilities, then Licensee shall first apply for and obtain the written approval, not to be unreasonably withheld, conditioned or delayed, for the use and installation of such unauthorized equipment from an authorized representative of Licensor via a new or amended Site Supplement.
In addition to any other submittal requirements, and if requested by Licensor, Licensee shall provide “load” (structural) calculations for all Municipal Facilities upon which it intends to attach a Small Wireless Facility or modify an approved Small Wireless Facility in the PROW where Licensor reasonably determines that Licensee’s proposed modifications will result in material additional loading on the applicable Municipal Facility Subject to the City’s regulatory requirements, Licensee may modify its Small Wireless Facilities with like-kind Antenna Facilities, without prior written approval of Licensor including, without limitation, substitution of internal components that does not result in (i) any change to the external appearance, (ii) increase in the dimensions, (iii) increase in weight of the Antenna Facility or (iv) that involves replacement with an attachment that is the same, or smaller in weight and dimensions as the approved Antenna Facility. If Licensee installs or modifies unauthorized Antenna Facilities or other equipment, then Licensor may declare Licensee in Default of the applicable Site Supplement pursuant to Section 16 below where such unauthorized installation or modification has occurred or if no Site
01248.0015/763756.2 -13-
Supplement is applicable, then a Default under this Agreement. In addition to any other remedy available to Licensor pursuant to Section 17 below or applicable Laws, in the event that Licensee’s Default remains uncured for a period of thirty (30) days following Licensee’s receipt of Licensor’s notice of Default for the applicable Site Supplement, Licensor may, without limiting other remedies available to Licensor, impose liquidated damages in an amount not to exceed Five Hundred Dollars ($500) per month until the date that the unauthorized equipment is removed from the Municipal Facility, or the required approval is obtained. Additionally, Licensee shall from the date of such written notice be obligated to pay for such unauthorized equipment the applicable License Fee set forth in Section 4, until the noticed Default is cured by Licensee’s removal of the unauthorized equipment or by Licensee applying for and obtaining a Site Supplement (or a modification to an existing Site Supplement if applicable) for such unauthorized equipment.
Term of Agreement; Cancellation; Termination; Removal or Abandonment at Expiration.
Agreement Term; Site Supplement Term. Except as otherwise stated in this Agreement (e.g., as to an extended Term to coincide with the term of a Site Supplement as described in the second paragraph of this Section), this Agreement shall be in effect for a period of ten (10) years commencing on the first day of the month following Effective Date of this Agreement (“Commencement Date”), and expiring on the day before the tenth (10th) anniversary of the Commencement Date, unless sooner cancelled or terminated as provided herein (the “Initial Term”). Provided that Licensee is not in Default (as defined in Section 16) of this Agreement , the Initial Term will be extended for up to two (2) successive five (5) year periods (each, a “Renewal Term”) with the first Renewal Term commencing immediately upon the expiration of the Initial Term, and each additional Renewal Term commencing immediately upon the expiration of the preceding Renewal Term unless written notice of non-extension is provided by either Party to the other Party at least ninety (90) days prior to the commencement of the succeeding Renewal Term, as applicable. The Initial Term and all Renewal Terms shall be collectively referred to herein as the “Term.” All of the provisions of this Agreement shall be in effect during the Term and any extension of the Term. Any holding over after the expiration of the Term or Site Supplement Term (as defined below) shall be on a month-to-month basis provided Licensee continues to timely pay all License Fees and charges due hereunder during such period, and until terminated by either Party with thirty (30) days’ prior written notice to the other Party, provided, however, that any holding over after such termination without Licensor’s consent shall constitute a Default by Licensee.
The term of any Site Supplement shall be for an initial ten (10) year term commencing on the Site Supplement Commencement Date. Provided Licensee is not in Default of the applicable Site Supplement, the Site Supplement shall be automatically extended for two (2) successive five (5) year periods unless Licensee notifies Licensor of Licensee’s intent to terminate the Site Supplement at least ninety (90) days prior to the expiration of the then current term (as extended, the “Site Supplement Term”). Licensor may elect in its discretion to terminate the specific Site Supplement in the event Licensee fails to obtain and maintain valid City permits applicable to the Site Supplement, and such failure is not cured by Licensee within the applicable time period for cure by Licensee in Section 16 following Licensee’s receipt of written notice from Licensor. In the event a Site Supplement Term extends beyond the Term of this Agreement, the provisions of this Agreement shall remain in effect solely for purposes of governing that Site Supplement.
Nothing in any Site Supplement Term shall be construed as extending the Term of this Agreement.
01248.0015/763756.2 -14-
Site Supplement Termination. Licensee may terminate any Site Supplement at any time by providing Licensor with ninety (90) days’ express written notice of termination. Any prepaid License Fees shall be retained by Licensor. This Agreement and all Site Supplements may only be terminated as provided in this Agreement or any Site Supplement. Licensor shall be entitled to terminate any Site Supplement pursuant to Section 17 of this Agreement in the event that a Default of the Site Supplement has occurred. In the event of the termination of this Agreement pursuant to Section 17 below, all Site Supplements shall terminate on the effective date of the termination of this Agreement.
Abandonment. If after the initial installation of the Small Wireless Facility Licensee abandons the use of any Municipal Facility location for a continuous period of one hundred and eighty (180) days or more, or if Licensee’s use of the Small Wireless Facility is inoperable for a continuous period of one hundred and eighty (180) days or more, or if the applicable Site Supplement terminates or expires, the Small Wireless Facility for such Municipal Facility shall be removed by Licensee at the expense of Licensee within ninety (90) days of receipt of written notice from Licensor. Notwithstanding the preceding sentence, abandonment of the use or inoperability of the Small Wireless Facility shall be extended day for day for each day that the abandonment or inoperability is due to circumstances beyond the reasonable control of Licensee. In the event Licensee is unable or refuses to remove such Small Wireless Facility in the manner provided in this Section 3.3, Licensor may take all actions necessary to remove the Small Wireless Facility and Licensee shall be responsible for all reasonable costs incurred for such removal within thirty (30) days after Licensee’s receipt of an invoice with reasonable supporting documentation. Should Licensee fail to reimburse Licensor for such costs incurred pursuant to this Section 3.3, Licensor may recover such costs from the bond.
Performance and Removal Bond. Before any construction begins by Licensee, Licensee shall provide Licensor with a bond. The initial amount of the bond shall be Two Thousand Dollars ($2,000) per Site Supplement The bond shall be solely for the protection of Licensor, conditioned upon the faithful performance of the required construction, maintenance and removal work. Bonds shall be executed by an “admitted surety insurer”, as defined in Code of Civil Procedure Section 995.120, authorized to do business in the State of California, as an AM Best Rating of A- VII and the bonds shall be kept in place for the duration of the Agreement. If Licensee expands the number of Site Supplements during the Term of this Agreement, Licensee shall adjust its bond in accordance with the amount identified above. The bond is conditioned upon the performance by Licensee of all the terms and conditions of this Agreement and upon the further condition that if Licensee fails to comply with any terms or conditions governing this Agreement, there shall be recoverable jointly and severally from the principal and surety of the bond, any damage or loss suffered by Licensor as a result, including the full amount of any compensation, or costs of removal or abandonment of Licensee’s property, plus costs and reasonable attorneys’ fees. Licensee shall keep the bond in place during the Term of this Agreement and during the Term of any Site Supplement. Should Licensor’s actual and reasonable cost incurred exceed the amount of the bond, then Licensee shall reimburse Licensor for all costs incurred. Licensor in its sole discretion, may require the Licensee to increase the amount of the bond at any time to cover any anticipated costs.
Assessment of the Bond. Upon Licensee’s failure to pay Licensor any amount owing under this Agreement or cure material breaches of this Agreement after Licensor provides written notice
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and a reasonable opportunity to cure, the bond may be assessed by Licensor for purposes including, but not limited to:
Reimbursement of costs borne by Licensor to correct violations of the Agreement not corrected by Licensee.
To provide monetary remedies or to satisfy damages assessed against Licensee due to Defaults or material breaches of this Agreement.
To collect fees and charges that have not been paid by Licensee when owed.
Restoration of the Bond. Licensee must deposit a sum of money or a replacement instrument sufficient to restore the bond to its original amount within thirty (30) days after Licensee’s receipt of written notice from Licensor that any amount has been recovered from the bond and the reason for such recovery. Failure to restore the bond to its full amount within said thirty (30) day period will allow Licensor thereafter to declare a Licensee in Default of this Agreement pursuant to Section 16. Licensee will be relieved of the foregoing requirement to replenish the bond during the pendency of an appeal from Licensor’s decision to draw on the bond.
Upon the expiration or early termination of this Agreement and all Site Supplements and completion of Licensee’s removal obligations herein, Licensee may terminate the bond and Licensor agrees to reasonably cooperate with such termination.
Costs of Collection. If the bond is drawn upon, all of Licensor’s reasonable costs of collection and enforcement of the provisions relating to the bond that are specified in this Section, including reasonable attorneys’ fees and costs, will be paid by Licensee after receipt of invoice from Licensor identifying all costs incurred. In the event that Licensee fails to pay all costs incurred by Licensor, Licensor may recover all outstanding costs from the bond.
Required Endorsement. The bond is subject to the reasonable approval of Licensor’s City Attorney and must contain the following endorsement:
“This bond may not be canceled until sixty (60) days after receipt by City of Yuba City, by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew.” Reservation of Licensor Rights. The rights reserved by Licensor with respect to the performance bond are in addition to all other rights and remedies Licensor may have under this Agreement or any other law.
Fees and Charges. Licensee shall be solely responsible for the payment of all costs, fees and charges in connection with Licensee’s performance under this Agreement, including those set forth as follows:
License Fee & Annual Increase To License Fee.
Licensee shall pay to Licensor an annual fee equal to Two Hundred and Seventy Dollars ($270) for each Small Wireless Facility of Licensee authorized pursuant to a Site Supplement (“License Fee”). The License Fee shall be due to Licensor upon the Site Supplement Commencement Date; however, to allow Licensee to administratively process the initial
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installment of the License Fee, Licensee shall have a “grace period” of ninety (90) days following each Site Supplement Commencement Date within which to deliver the License Fee to Licensor for the applicable Site Supplement.
b. On the first anniversary of each Site Supplement, and continuing annually thereafter during the Site Supplement Term, the License Fee for each Site Supplement shall be increased by Three Percent (3%). If either party discovers any error in the amount of compensation due, the Party discovering the error shall notify the other Party in writing and the Parties shall work together in good faith to adjust the amount due. Licensee shall pay Licensor within thirty (30) days after discovery of the error or determination of the correct amount. Upon agreement of the Parties, Licensee may pay the License Fee by electronic funds transfer and in such event, Licensor agrees to provide to Licensee bank routing information for such purpose upon request of Licensee. Before any License Fees are paid, Licensor shall provide Licensee a completed, current Internal Revenue Service Form W-9 and state and local withholding forms if required. c. If during the Term of this Agreement or any Site Supplement Term, a new or amended Law occurs permitting a change in the License Fee, then either Party may invoke the process in Section 20.12 Change of Laws to address the change.
Permit. No payment collected under this Agreement shall be for any Permit issued in connection with the installation of a Small Wireless Facility at any Municipal Facility. Permit requirements, fees and charges are solely governed by the requirements imposed by the Code or Licensor’s adopted Fee Schedule provided the same are in compliance with all State and Federal requirements. All Permits shall be reviewed, acted on, and costs charged by Licensor in compliance with all Laws.
Taxes. Licensee shall pay all applicable City, county and state taxes levied, assessed, or imposed by reason of this Agreement or those related to any of Licensee’s Small Wireless Facilities and/or provided services.
Utilities; Electric Meters Prohibited. Except to the extent Licensor authorizes connection to electrical facilities on its Municipal Facilities in accordance with the rules, regulations, and policies of Pacific Gas and Electric Company, a California corporation (PG&E), which authorization Licensor shall not unreasonably withhold, condition or delay. Licensee shall be solely responsible for obtaining and maintaining the provision of electricity to Licensee’s Small Wireless Facilities directly from PG&E, including, but not limited to installation of separate electric meters, if necessary. The electric meters shall be the smallest and least aesthetically intrusive meters available to PG&E. Licensee shall be responsible for making payments to PG&E for the service attributable to Licensee’s Small Wireless Facilities. Licensee shall comply with all Laws and rules and regulations of PG&E relating to installation and connection of Licensee’s Small Wireless Facilities to the electricity supply. While Licensor is not obligated to make its utility infrastructure available to Licensee, nonetheless, Licensor shall make a good faith effort to make its utility infrastructure available in connection with each Municipal Facility identified by Licensee in a Site Supplement application, and Licensee and Licensor shall work cooperatively to allow Licensee to use Licensor’s utility infrastructure wherever possible.
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Payments Made. All fees and/or additional payments shall be payable to Licensor at: City of Yuba City, Department of Finance, 1201 Civic Center Blvd Yuba City, CA 95993; or to such other persons or at such other places as Licensor may designate in writing.
Additional Licenses and Permits Required by Code. All of the Small Wireless Facilities will be installed, operated and maintained by or on behalf of Licensee in accordance with applicable Laws. Licensee or its designee is required to apply for and obtain all applicable Permits required by the Code for installation of Small Wireless Facilities and for work performed within the PROW, and the Small Wireless Facilities must be installed and the PROW used according to the plans approved by Licensor (see Exhibit 1 to the Site Supplement). Execution of this Agreement or any Site Supplement does not constitute the issuance of a Permit. Nothing in this Agreement shall limit in any way Licensee’s obligation to obtain any applicable required regulatory approvals from any Licensor department, board or commission, or from any other governmental agency that has regulatory authority over Licensee’s proposed activities involving use of the Municipal Facilities in the PROW and/or Licensee’s obligation to obtain any required proprietary approvals or agreements, if any, to use Licensor property other than Municipal Facilities covered by this Agreement. Subject to Section 2.3 above, all work performed pursuant to the rights granted by this Agreement is subject to the prior review and approval of Licensor in accordance with its customary permitting procedures.
Basic Design and Installation Requirements for Using Municipal Facilities. All of Licensee’s construction and installation work for its Small Wireless Facilities on the Municipal Facilities shall be performed at Licensee’s sole cost and expense and in a good and workmanlike manner and promptly completed. When Licensee and Licensor have agreed on an existing Municipal Facility location as a suitable site for Licensee’s Small Wireless Facility, but the existing Municipal Facility needs to be replaced to accommodate the Small Wireless Facility, then the Site Supplement shall so specify and Licensee shall pay all costs related to replacing the Municipal Facility, including but not limited to installation of the replacement pole (the “Replacement Pole”), transfer of the streetlight fixtures, and/or other items attached to the existing Municipal Facility to the Replacement Pole, and removal and salvage of the existing Municipal Facility to Licensor.
Payment of the pole replacement costs does not provide Licensee with any ownership interest in the Replacement Pole. Licensor will be deemed to own the original Municipal Facility and the Replacement Pole. The installation or attachment of the Small Wireless Facility using the Replacement Pole shall be at Licensee’s sole cost and expense.
Licensee shall be solely responsible for fully complying with any and all Laws and/or court orders regarding disabled access to the extent they are applicable to Licensee’s use of the Municipal Facility or the installation, operation and maintenance of any Small Wireless Facility.
If the foregoing are applicable to Licensee’s Small Wireless Facilities, Licensee shall be solely responsible for any and all damages caused by, and/or penalties levied as a result of, Licensee’s noncompliance. Further, Licensee agrees to reasonably cooperate with Licensor in Licensor’s efforts to comply with the Americans with Disabilities Act of 1990 and any amendments thereto, or successor statutes (collectively the “ADA”). Notwithstanding the foregoing, in lieu of performing any ADA compliance obligation under Laws, Licensee shall have the absolute right to terminate the applicable Site Supplement upon written notice to Licensor, and Licensee shall be fully discharged from any obligation to perform the ADA compliance obligation for the Site Supplement that Licensee has elected to terminate.
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Unless Licensee has elected pursuant to Section 6.1 to terminate a Site Supplement, should Licensee fail to comply with Subsection 6.1 following Licensee’s receipt of written notice from Licensor and expiration of the applicable notice and cure periods in Section 16, if any, Licensor shall have the right, but not the obligation, to perform, or have performed, whatever work is necessary to achieve compliance. Licensee will then be required to reimburse Licensor for the actual and reasonable cost of achieving compliance within sixty (60) days after Licensee’s receipt of an invoice with reasonable supporting documentation.
Conditions and Requirements Applicable to Site Supplements.
Small Wireless Facility Locations. For each installation, Licensee or its designee shall submit a Site Supplement and any required Permit applications for Licensor review and approval which shall, at a minimum, identify the Municipal Facility that Licensee proposes to use and the plans and specifications of the Small Wireless Facility. Upon Licensor approval, the Licensor approved plans depicting all Small Wireless Facility shall be attached to the Site Supplement as part of Exhibit 1 and Licensor shall execute the Site Supplement, issue the required Permits, and deliver the Permits and Licensor executed Site Supplement to Licensee. Upon receipt of the Licensor executed Site Supplement, Licensee shall counter-sign the Site Supplement and promptly return the fully executed Site Supplement to Licensor. Full execution of the Site Supplement and Licensee’s receipt of all required Permits shall be Licensee’s notice to proceed with installation.
If Licensee desires to change or add new locations, Licensee will submit a proposed Site Supplement indicating the additional Municipal Facilities that it wishes to use, which additions or changes or modifications may be subject to further Licensor approvals and permits subject to approval consistent with Licensor’s ordinances and policies. Additions, modifications and colocations not shown in an approved Site Supplement may be subject to further Licensor approvals and/or permit requirements. If Licensor denies a Site Supplement, Licensor shall provide its denial in writing.
Damage to Licensor Property. If Licensee damages or disturbs the surface or subsurface of any PROW or adjoining property, Municipal Facility, pole, streetlight fixture, traffic signal, or other public improvement, in the exercise of the rights granted through this Agreement, Licensee will, within thirty (30) days after receipt of written notice therefor and at its own expense, and in a manner reasonably acceptable to Licensor, repair the damage or disturbance. If, in the Licensor’s sole opinion, the Licensor believes said damage presents a threat to the public health, safety or welfare, Licensor may provide less than thirty (30) days’ written notice. Said notice shall provide a reasonable time to repair the damage or disturbance based on the circumstances.
Public Emergency. In the event of an Emergency or to protect the public health or safety, Licensor may require Licensee to deactivate a Small Wireless Facility prior to Licensor accessing or performing any work on a Municipal Facility on which Licensee has installed a Small Wireless Facility, should any of Licensor’s employees or agents must move closer to the Small Wireless Facility than the FCC recommended minimum distance. In such case, Licensor will contact Licensee at the number provided in Subsection 19.2 to request immediate deactivation. Further, Licensee shall install a disconnect device at each Municipal Facility on which it installs a Small Wireless Facility, so that in case of Emergency or to protect the public health or safety, where Licensee is not able to immediately deactivate the Small Wireless Facility, Licensor may deenergize such Small Wireless Facility from its power source and safely shut it down using the
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disconnect switch provided Licensor notifies Licensee at the number provided in Subsection 19.2 as soon as is practical under the circumstances. Once the work has been completed and the worker(s) have departed the exposure area, the Licensor who accomplished the power-down shall restore power and inform the other Licensee as soon as possible that power has been restored.
Municipal Facility Replacement.
Subject to Subsection 7.4(d), if a Municipal Facility, in Licensor’s sole discretion, requires replacement or repair, Licensor shall provide Licensee at least thirty (30) days prior written notice of such replacement or repair and the removal or re-arrangement to the Small Wireless Facility required by such replacement or repair (except in the case of Emergency threatening the public health, safety or welfare, in which case prior notice to Licensee shall be as soon as reasonably practical). Within the one hundred eighty (180) days following Licensee’s receipt of the written notice from Licensor of a proposed replacement or repair to a Municipal Facility, or such shorter period in the case of an Emergency, Licensee shall complete the necessary removal or re-arrangement of the Small Wireless Facility, as the case may be. Thereafter, Licensor shall have the right to replace the Municipal Facility at Licensor’s reasonable cost, unless the parties agree in writing to an alternative arrangement for which Party shall undertake the repair or replacement. However, Licensor shall under no circumstances have responsibility for, or bear the costs for, replacement of Licensee’s Small Wireless Facility itself, except to the extent damage is caused to the Small Wireless Facility by Licensor or any party under the supervision or control of Licensor. In the event Licensor and Licensee agree that Licensee shall conduct the repair or replacement of the Municipal Facility, said agreement shall be in writing and, Licensee shall perform such repair or replacement within the time period provided herein. Should Licensee need additional time for the agreed upon repair or replacement, and extension may be granted by Licensor. In addition, Licensor shall reasonably cooperate with Licensee to temporarily relocate its Small Wireless Facility as a result of any replacement or repair of a Municipal Facility, if necessary.
During the process of replacement or repair of a Municipal Facility, should Licensor come into possession of the Small Wireless Facility, Licensor will contact Licensee to pick up the Small Wireless Facility and Licensee may reinstall its Small Wireless Facility once the replacement pole is installed and functioning as a Municipal Facility or once the repair of the existing Municipal Facility is completed. Licensor shall not be obligated to store the Small Wireless Facility in excess of thirty (30) days. Licensor may charge commercially reasonable fees for all storage space and time spent removing the Small Wireless Facility if Licensor properly notifies Licensee and Licensee fails to remove the Small Wireless Facility pursuant to Section
7.4(a) above.
Licensee shall have the right to temporarily use a Municipal Facility for its operation during the replacement or repair period at a location reasonably acceptable to both Licensor and Licensee.
In the event Licensor is responsible for replacing the Municipal Facility with a Replacement Pole, and the replacement of the Municipal Facility with the Replacement Pole is performed by Licensor to accommodate the installation of Licensee’s Small Wireless Facility, then Licensor shall only be responsible for the cost of a standard pole, and Licensee shall be responsible
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for the cost of the Replacement Pole in excess of the cost of a standard pole. Notwithstanding the foregoing, if Licensee caused the damage to the Municipal Facility which requires replacement by Licensor with a Replacement Pole, then Licensee shall be responsible for the entire cost of the Replacement Pole.
In the event, Licensor has to remove or store the Small Wireless Facility, Licensor cannot be held liable for any damage caused to the Small Wireless Facility by said activities except to the extent caused by Licensor’s negligence or willful misconduct.
Removal and Relocation.
Licensee understands and acknowledges that Licensor may require Licensee to relocate one or more of its Small Wireless Facilities as provided in this Section 7.5(a). Licensee shall, at Licensor’s direction and upon one hundred and eighty (180) days prior written notice to Licensee, relocate such Small Wireless Facility at Licensee’s sole cost and expense whenever Licensor reasonably determines that the relocation is needed for any of the following public purpose or essential City services including but not limited to (i) if required for the construction, modification, completion, repair, relocation, or maintenance of a Licensor or other public agency project; (ii) because the Small Wireless Facility is Interfering with or adversely affecting proper operation of Licensor-owned Poles, traffic signals, communications, or other Municipal Facilities; (iii) in the event of an Emergency; or (iv) Licensor is abandoning or removing the Municipal Facility. In any such case, Licensor shall use reasonable efforts to Licensee an alternate location that reasonably serves Licensee’s coverage objective. Licensee acknowledges that if Licensor is permanently removing the Municipal Facility due to an undergrounding project, Licensee may be required to seek an appropriate location outside the PROW or outside Licensor-owned infrastructure or structure. Nothing in this Agreement gives the Licensee the authorization to install a new pole in the PROW as a result of any relocation requirement. If Licensee shall fail to relocate any Small Wireless Facility as requested by Licensor in accordance with the foregoing provision, Licensor shall be entitled to remove the Small Wireless Facility at Licensee’s sole cost and expense, without further notice to Licensee. Within sixty (60) days of the date of a written demand for this payment from Licensor accompanied by reasonable supporting documentation, Licensee shall pay to Licensor the actual and reasonable costs and expenses incurred by Licensor in performing any removal work and any storage of Licensee’s property after removal.
In the event Licensee desires to relocate any Small Wireless Facility from one Municipal Facility to another, Licensee shall so advise Licensor. Licensor will use best efforts to accommodate Licensee by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Agreement. In the event another Municipal Facility is not available, Licensor and Licensee shall be entitled to cancel the Site Supplement in accordance with Section 3.2.
In the case of removal of a Municipal Facility, as provided in Subsection 7.5(a), and in lieu of the relocation of Licensee’s Small Wireless Facility unless the Municipal Facility is needed for a legitimate public purpose, Licensor may, in its sole discretion, transfer possession of the Municipal Facility to Licensee, and allow Licensee continue to use the same pursuant to the then existing Site Supplement, upon commercially reasonable terms. Licensee and Licensor shall document any such transfer of ownership via a bill of sale. In the event Licensor transfers
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possession of a Municipal Facility to Licensee pursuant to this paragraph, Licensee shall operate and maintain the Municipal Facility in accordance with applicable Laws. In the event that Licensee acquires a Municipal Facility pursuant to this Subsection 7.5(c), no License Fee shall be due or payable with respect to such acquired site and said fee shall be prorated in accordance with Section
4.1 above.
Non-Interference. The following provisions shall apply to ensure and/or avoid Interference (both Physical Interference and Radio Frequency Interference) resulting from Licensee’s installation, operation and/or maintenance of its Small Wireless Facility:
Radio Frequency Interference. Consistent with applicable Laws, Licensee shall ensure that the Small Wireless Facility will not cause Radio Frequency Interference with wireless communication facilities or devices, cable television, broadcast radio or television systems, or satellite broadcast systems existing at the time of installation of the Small Wireless Facility and otherwise installed and operating in compliance with Laws. Further, Licensee shall ensure that the Small Wireless Facility will not cause any Radio Frequency Interference, now or in the future with Licensor’s traffic, public safety or other communications signal or equipment existing at the time of installation of the Small Wireless Facility.
Existing Uses. Licensee acknowledges and agrees that the primary purpose of the Municipal Facilities is to serve the public. Licensor is willing to permit the installation of Licensee’s Small Wireless Facilities on Municipal Facilities only where such use will not Interfere with the existing public purposes (as of the installation date of Licensee’s Small Wireless Facility) and future primary service requirements and facilities, or the primary service requirements of Licensor and others authorized to use the Municipal Facilities of Licensor existing as of the date of the applicable Site Supplement. Licensee shall not Interfere in any manner with the existing uses of the Municipal Facilities or other Licensor property including but not limited to the PROW, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electric and telephone wires, streetlight fixtures, cable television, and other telecommunications, utility, and municipal property without the express written approval of the owner(s) of the affected property or properties.
Licensor Interference. Licensor has the right, but not the obligation, to maintain and operate its Municipal Facilities in such reasonable manner as will best enable Licensor to serve the primary purpose acknowledged in Subsection 7.6(b) above. Notwithstanding the foregoing, Licensor shall use its best efforts to ensure that such new installations will not cause actual adverse Interference to Licensee’s Equipment that is measurable in accordance with then existing industry and FCC standards. If Licensor desires to install equipment in the vicinity of a Small Wireless Facility, reasonable efforts shall be made by Licensor and Licensee to accommodate such equipment while maintaining Licensee’s quiet enjoyment and continued operations of its Small Wireless Facility.
Remedies. Without limiting any other rights or remedies, if Interference occurs and continues for a period in excess of 24 hours following receipt of telephonic notice to the interfering party at the phone number identified in Subsection 19.2 below, the interfering party shall, or shall require any other user to, reduce power or cease operations of the interfering equipment until the Interference is cured. The Parties acknowledge that there will not be an adequate remedy at law
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for noncompliance with the provisions of this Subsection 7.6, and therefore the Parties shall have the right to equitable remedies such as, without limitation, injunctive relief and specific performance.
Damage to Licensee’s Small Wireless Facility. In the event of any damage to a Small Wireless Facility, Licensor shall have no liability or responsibility to repair the same unless such damage arose from the negligent or willful misconduct of Licensor, its employees, agents, or contractors; provided however, in such case, Licensor’s liability shall be limited to the cost to repair or replace the same.
Title and Ownership.
Title to the Small Wireless Facilities. Title to the Small Wireless Facilities, exclusive of the Municipal Facility (original or replacement) used for support, shall remain with Licensee or its Carriers (as applicable) and shall constitute Licensee’s personal property and equipment, and not fixtures or improvements attached to the land.
No Ownership in Licensor Property. Neither this Agreement, nor any license issued pursuant hereto, nor any Permit separately issued for installation of any Small Wireless Facility, regardless of the payment of any fees and charges, shall create or vest in Licensee any ownership or property rights in any portion or elements of Municipal Facilities, the underlying real property on which any Licensor-owned poles is located, or any portion of the PROW . Additionally, except as otherwise expressly provided herein, Licensee acknowledges that this Agreement does not constitute or create any property interest including but not limited to a leasehold interest or right to the benefit of any Licensor property or portion thereof. “As Is” Condition. Licensee accepts the Municipal Facilities identified in any Site Supplement, or any Replacement Pole, in its “AS IS” condition, without representation or warranty of any kind by Licensor, or any Licensor officer, agent, or employee as to the present or future condition of or suitability of the Municipal Facilities for Licensee’s intended use, and subject to all applicable Laws governing the use of the Municipal Facilities for Licensee’s intended purpose.
Licensor disclaims any and all warranties express or implied with respect to the physical, structural, or environmental condition of the Municipal Facilities and the merchantability or fitness for a particular purpose. Licensee is solely responsible for investigation and determination of the condition and suitability of any Municipal Facility for Licensee’s intended use.
Maintenance. Licensor shall maintain and keep the Municipal Facility containing a Small Wireless Facility in good condition and in accordance with Licensor’s standard maintenance requirements, at its sole cost and expense. Licensee shall keep the Small Wireless Facility and other improvements owned by Licensee on the Municipal Facility, if any, in good repair and in compliance with all Laws.
Hazardous Substances. Licensee agrees that Licensee, its contractors, subcontractors and agents, will not use, generate, store, produce, transport or dispose any Hazardous Substance on, under, about or within the PROW in which it is located, in violation of any applicable federal, state, county, or local law or regulation. Except in the event of negligence or intentional misconduct by Licensor, Licensee will pay, indemnify, defend and hold Licensor harmless against and to the
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extent of any loss or liability incurred by reason of any Hazardous Substance produced, disposed of, or used by Licensee pursuant to this Agreement. Licensee will ensure that any on-site or offsite storage, treatment, transportation, disposal or other handling of any Hazardous Substance will be performed by persons who are properly trained, authorized, licensed and otherwise permitted to perform those services. Notwithstanding the foregoing, Licensee shall not be liable for or responsible for addressing environmental conditions that existed on Municipal Facilities or the PROW or any other City property before the execution of this Agreement, or that do not result from the activities of Licensee.
Indemnity. To the fullest extent permitted by Laws, Licensee shall indemnify, defend with counsel licensed and in good standing in the State of California with a minimum of seven (7) years of relevant experience in the defense of the subject matter of the Claims, and hold harmless Licensor, and its City Council, boards, commissions, officials, officers, employees, and agents (collectively, “Indemnitees”), from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, proceedings, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, reasonable attorneys’ fees, disbursements and court costs) of every kind and nature whatsoever (collectively, “Claims”) to the extent such Claims are the result of (i) approval of this Agreement and/or any Site Supplement(s) related hereto, or (ii) Licensee’s, or its employees’, contractors’, agents’ or Carriers’, construction, operation, use, or related activity under this Agreement; provided, however, the foregoing indemnity shall not apply to the extent such Claims are the result of the negligence or willful misconduct of the Indemnitees.
This indemnification shall include, but not be limited to, damages awarded against Indemnitees, if any, costs of suit and other expenses incurred in connection with such Claim, whether incurred by Licensee or Indemnitees. Notwithstanding the foregoing, Licensee shall not be required to reimburse Indemnitees or any of them for legal fees incurred by any of them unless after good faith consultation with Licensee, Licensee and the applicable Indemnitees reasonably determine that a genuine conflict of interest exists between Licensee and such Indemnitees such that the rights or obligations of such Indemnitees would be materially comprised unless such Indemnitees are represented by separate legal counsel. Only if such genuine conflict of interest is reasonably determined to exist, shall Licensee also be responsible for reimbursing Indemnitees for the reasonable attorney’s fees. If any Indemnitee determines to select its own legal counsel to defend such Indemnitee in connection with the Claims, Licensee shall provide reasonable cooperation to such legal counsel. Licensee shall pay to Licensor within sixty (60) days after receipt of an invoice accompanied by reasonable supporting documentation for any amount owed by Licensee to Licensor pursuant to the indemnification requirements prescribed herein. The provisions of this Section shall survive the expiration or earlier termination of this Agreement or any Site Supplement.
Insurance Requirements.
Licensee’s Insurance. Licensee shall carry and maintain insurance in the amounts and form specified in attached Exhibit C.
Certificates. Licensee shall submit to Licensor a Certificate of Insurance or Self-Insurance as verification of coverage, Licensor will reasonably rely upon the Certificate as evidence of coverage but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the required policies expire during the life
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of this Agreement, Licensee shall forward renewal or replacement Certificates to Licensor within fifteen (15) business days after the renewal date containing all the necessary insurance provisions.
Assignment/Subletting. Except as expressly provided herein, this Agreement and each site license granted pursuant to an individual Site Supplement is applicable only to Licensee and for Licensee’s use only. Licensee shall not lease, sublicense, share with, convey or resell to others any such space or rights granted hereunder; provided, however, the Parties agree and acknowledge that, notwithstanding anything in this Agreement to the contrary, certain Small Wireless Facilities deployed by Licensee on any Municipal Facility or in any PROW pursuant to this Agreement may be owned and/or operated by Carriers and installed and maintained by Licensee pursuant to license agreements between Licensee and such Carriers. Such Small Wireless Facilities shall be treated as Licensee’s Small Wireless Facilities for all purposes under this Agreement, Licensee agrees and acknowledges (i) Licensee remains responsible and liable for all performance obligations under the Agreement with respect to such Small Wireless Facilities; (ii) Licensor’s sole point of contact regarding such Small Wireless Facilities shall be Licensee; and (iii) Licensee shall have the right to remove the Small Wireless Facilities. This Agreement and the related rights, duties, and privileges may not be assigned or otherwise transferred in whole or in part without the express written consent of Licensor; provided, however, Licensee shall have the right to assign this Agreement, without Licensor’s consent, to (A) any parent, subsidiary, or affiliate of Licensee, or (B) any entity that shall control, be under the control of, or be under common control with Licensee, or (C) to any entity into which Licensee may be merged or consolidated or (D) to any entity which purchases all or substantially all of the assets of Licensee that are subject to this Agreement. If Licensor, pursuant to this Section, consents to assign or otherwise transfer this Agreement including any amendments, shall be binding on the assignee to the full extent that it was binding upon Licensee.
Any non-permitted transfer or assignment of the right to attach Small Wireless Facilities to a Municipal Facility shall be void and not merely voidable. Licensor may, in its sole discretion and in addition to all other lawful remedies available to Licensor under this Agreement, collect any fees owed from Licensee all without prejudicing any other right or remedy of Licensor under this Agreement.
Default. It is a “Default” if (i) either Party fails to comply with this Agreement or any Site Supplement and does not remedy the failure within thirty (30) days after receipt of the written notice by the other Party or, if the failure cannot reasonably be remedied in such time, if the failing Party does not commence a remedy within the allotted thirty (30) days and diligently pursue the cure to completion within ninety (90) days after the Party’s receipt of the initial written notice, or (ii) Licensee fails to comply with this Agreement or any Site Supplement and the failure Interferes with Licensor’s use of its Municipal Facility in a manner not covered by Section 7.6 and Licensee does not remedy the failure within twenty (20) days after written notice from Licensor or, if the failure cannot reasonably be remedied in such time, if Licensee does not commence a remedy within the allotted twenty (20) days and diligently pursue the cure to completion within thirty (30) days after the initial written notice. If either Party reasonably demonstrates to the other Party that a remedy to comply with this Agreement or any Site Supplement cannot be reasonably remedied by the Party seeking to cure the Default in this Subsection 16 within ninety (90) days after the Party’s receipt of the initial written notice, then the ninety (90) day outside date for cure shall be extended until the cure is completed upon agreement of the Parties, which agreement shall not be
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unreasonably withheld, provided that the Party seeking to cure commenced the cure within the thirty (30) day period and thereafter diligently prosecutes the cure to completion thereafter. Any failure to cure a Default in the time period provided herein, shall be deemed a breach of this Agreement.
Termination/Revocation. In the event of a Default, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such Default, the non-defaulting Party may terminate may terminate the applicable Site Supplement to which the Default has occurred, and/or pursue any remedy now or hereafter available to the nondefaulting Party under applicable Laws. Additionally, if (i) Defaults by Licensee occur on 5 (five) or more Site Supplements existing under this Agreement and such Defaults reflect a pattern of Licensee’s failure (A) to make timely payments of License Fees to Licensor or (B) to obtain Permits for installations of Antenna Facilities or other equipment on Municipal Facilities, or (ii) Licensee’s Default under this Agreement is of such a serious nature in Licensor’s reasonable judgment that the Default threatens public health or safety on a Municipal Facility licensed to Licensee, and the Default or threatened danger to the public is likely to occur again in the future such that the Municipal Facilities are no longer appropriate support structures for the Small Wireless Facilities; and Licensee is unable to cure the Default or otherwise mitigate the conditions that pose a threat to the public, to the satisfaction of Licensor, within the cure periods specified in Section 16 above, then Licensor may terminate this Agreement or the affected Site Supplements.
Examples of reasons for termination under this Section 17 may include, but are not limited to, malfunctions in several Licensor’s streetlights licensed to Licensee hereunder caused by or attributable to the Small Wireless Facility and/or structural damage caused to several Municipal Facilities licensed to Licensee hereunder such that the Municipal Facilities would need to be replaced to be deemed safe. Termination of this Agreement in whole will terminate all Site Supplements issued under it automatically and without the need for any further action by Licensor unless Licensor notifies Licensee that Licensor is electing only to terminate the affected Site Supplements. Licensor will deliver written notice to Licensee providing 30 days’ notice of termination of this Agreement and specify the reason or reasons for the termination and whether the termination affects the entire Agreement or only certain Site Supplements in the notice.
Licensee shall remove its Small Wireless Facilities from any affected Municipal Facilities in compliance with Section 18 below, provided, however, if Licensor elects to terminate this Agreement, then Licensee’s removal period under Section 18 for all of Licensee’s Small Wireless Facilities from all of its licensed Municipal Facilities shall be extended to one hundred eighty (180) days from the effective date of termination of this Agreement.
Removal. Within ninety (90) days of the expiration or earlier termination of the applicable Site Supplement, Licensee shall remove the Small Wireless Facility authorized pursuant to said Site Supplement, at its sole expense, shall repair any damage to the Municipal Facilities or the PROW caused by such removal, and shall restore the Municipal Facility to the condition in which they existed prior to the installation of the Small Wireless Facility, reasonable wear and tear and casualty damage excepted.
01248.0015/763756.2 -26-
Notices.
Written Notice. All written notice, request, demand, statement, or consent herein required or permitted to be given by either party to the other hereunder, shall be in writing signed by or on behalf of the party giving the notice and addressed to the other at the address as set forth below:
Licensee New Cingular Wireless PCS, LLC
Attn: Tower Asset Group – Lease Administration
Re: AT&T-City of Yuba City Small Cells MLA
1025 Lenox Park Blvd. NE, 3rd Floor
Atlanta, GA 30319
With a copy to: New Cingular Wireless PCS, LLC
Attn: Legal Department – Network Operations
Re: AT&T-City of Yuba City Small Cells MLA
208 S. Akard Street
Dallas, TX 75202
Licensor City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
Attn: Public Works Manager
With copy to: Aleshire & Wynder, LLP
Attention: City Attorney, City of Yuba City
2440 Tulare Street
Suite 140
Fresno, CA 93721
Each Party, may by written notice, change its address for the purpose of this Agreement, which address shall thereafter be used in place of the former address. All notices, requests and demands hereunder will be given by either (i) personal service; or (ii) by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Any communication made by e-mail shall not constitute notice pursuant to this Agreement unless Licensor agrees in writing and wherein Licensor designates the individual authorized to receive notice on behalf of Licensor. Any email communication with Licensor shall not constitute notice unless said communication is sent to Licensor’s designated individual.
Telephonic Notice. In the event of an Emergency or otherwise permitted herein, telephonic notice shall be given as follows. To Licensee at ___________ and to Licensor at ___________. Should this information change, Parties shall promptly notify the other.
01248.0015/763756.2 -27-
Miscellaneous.
Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding between the Parties, and supersedes all negotiations, understandings or agreements.
Any amendment to this Agreement must be in writing and executed by both Parties.
Severability. If any provision of this Agreement is deemed, by a court of competent jurisdiction, to be invalid or unenforceable with respect to any Party, then the remainder of this Agreement, or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and shall remain in effect to the fullest extent permitted by law, and shall be construed so to effectuate the intent of the Parties.
Governing Law. This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Sutter. In the event of litigation in the United States District Court, venue shall lie exclusively in the Eastern District of California, in the City of Sacramento.
Authority to Execute. Any individual executing this Agreement on behalf of or as representative for a corporation or other person, partnership or entity, represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such Party, and this Agreement is binding upon such Party in accordance with its terms. Licensor hereby designates, and authorizes, the City Manager to execute all Site Supplements and amendments thereto entered into under this Agreement. This designation and authorization may be changed by Licensor upon written notice to Licensee.
Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
No Waiver. A Party shall not be excused from complying with any of the terms and conditions of this Agreement by any failure of a Party upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.
Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language and definitions used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
Force Majeure. With respect to any provisions of this Agreement, the violation or noncompliance of any term of this Agreement, including abandonment in Section 3.3 above, which could result in the imposition of a financial penalty, liquidated damages, forfeiture or other sanction upon a Party, such violation or non-compliance shall be excused where such violation or non-compliance is the result of acts of God, war, civil disturbance, pandemic, epidemic, strike, or other labor unrest, or other events, the occurrence of which was not reasonably foreseeable by such Party and is beyond such Party’s reasonable control.
Limitation of Liability. Neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or
01248.0015/763756.2 -28-
services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.
Time is of the Essence. Time is of the essence with regard to the performance of all of Licensee’s and Licensor’s obligations under this Agreement.
Amendments to Laws and Code. Subject to Section 6.1 above, each party shall comply with all Laws and, to the extent consistent with federal or state law, the Code. The obligation to comply with any Laws and the Code shall extend to any amendments which may be made to those Laws and Code during the Term of this Agreement or any Site Supplement, to the extent such application does not adversely affect any of Licensee’s legally vested rights (including but not limited to Licensee’s rights under any approved governmental permit), and only to the extent such amended Laws and Code are applicable. Notwithstanding the foregoing, an amendment to Laws governing the License Fee will apply and negotiations pursuant to Section 2012 below, shall be conducted.
Change of Law. If new or amended Laws sets forth a term or provision that is inconsistent with or different than this Agreement, then the Parties agree to reasonably cooperate in amending this Agreement. Either Party may, upon thirty (30) days’ written notice, require that the terms of this Agreement which are affected by any new or amended Laws, be renegotiated to conform to such Laws on a going forward basis for all existing and new Site Supplements, unless such Laws require retroactive application. In the event that the Parties are unable to agree upon such new terms in an amendment to this Agreement despite their reasonable efforts to do so, then within ninety (90) days after such notice (or any mutually agreed upon extension), then any terms contained in such Laws shall apply as of the effective date of such Laws and going forward until such time as the negotiations are completed or a Party obtains a ruling regarding the appropriate conforming terms from the governing regulatory agency or court of competent jurisdiction. Except as provided in the preceding sentence, all terms in the existing Agreement shall remain in effect while the Parties are negotiating.
[Signatures Appear on Following Page]IN WITNESS WHEREOF, the Parties have executed this Agreement as of Effective Date.
LICENSOR: LICENSEE:
CITY OF YUBA CITY, NEW CINGULAR WIRELESS PCS, LLC,
a municipal corporation a Delaware limited liability company By: AT&T Mobility Corporation
Its: Manager
By: By:
Name: Name:
Its: Its:
01248.0015/763756.2 -29-
Date: Date:
ATTEST:
By:
Name: Jackie Sillman
Its: City Clerk
APPROVED AS TO FORM:
By:
Name: Shannon Chaffin
Its: City Attorney of Yuba City
01248.0015/763756.2 A-1
EXHIBIT A
[Form of Site Supplement]
Site Supplement
Supplement. This is a Site Supplement as referenced in that certain MASTER LICENSE AGREEMENT BETWEEN THE CITY OF YUBA CITY AND ___________________ FOR USE OF MUNICIPAL FACILITIES TO INSTALL SMALL WIRELESS FACILITIES, between Licensor and Licensee dated __________, ______ ("Agreement"). Licensee has submitted an application for a Site Supplement pursuant to the Agreement, and Licensor has reviewed the application and grants approval subject to the terms of this Site Supplement. All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Site Supplement, the terms of this Site Supplement shall govern. Capitalized terms used in this Site Supplement shall have the same meaning as provided in the Agreement unless otherwise indicated herein. From the Effective Date of this Site Supplement until the Site Supplement Commencement Date occurs, Licensee is granted non-exclusive access to the Municipal Facility in the applicable Site Supplement to conduct inspections and other due diligence investigations reasonably necessary for Licensee to prepare to construct the Small Wireless Facility. Said due diligence activities must occur during the hours permitted in the Agreement.
Project Description and Locations. Licensee shall have the right to attach a Small Wireless Facility to the designated space on the specific Municipal Facility as further described in Exhibit 1 attached hereto (the “Licensed Area”).
Small Wireless Facility. The Small Wireless Facility to be installed at the Licensed Area, including the approved Antenna Facilities for the Small Wireless Facilities, is listed and depicted on plans included in Exhibit 1 attached hereto.
Replacement Pole. In accordance with Section 6 of the Agreement and if a Replacement Pole(s) is depicted in Exhibit 1 attached hereto, Licensee’s Small Wireless Facility shall require the installation of a Replacement Pole as depicted in Exhibit 1 attached hereto.
Term. In accordance with Subsection 3.1 of the Agreement, the term of this Site Supplement shall be ___________
Fees. The initial annual License Fee for the Site Supplement Term of this Site Supplement shall be ___________, as determined in accordance with the Agreement, and as adjusted by Subsection 4.1 of the Agreement.
Performance and Removal Bond. Licensee shall submit a bond in the amount of $2,000, determined in accordance with Subsection 3.4 of the Agreement.
Site Supplement Commencement Date. The Site Supplement Commencement Date shall be the first day of the month following the date Licensee has commenced installation of its Small Wireless Facility at the Licensed Area. If Licensee does not commence installation of the Small
01248.0015/763756.2 A-2
Wireless Facility within one (1) year after Licensee receives all Permits and other approval required to proceed with the installation of the Small Wireless Facility, the Site Supplement shall automatically terminate unless Licensor agrees in writing to extend the time for commencing installation of the approved Small Wireless Facility. An extension may be granted to said deadline by Licensor, provided the extension is granted in writing.
Miscellaneous. __________________________
[SIGNATURES ON NEXT PAGE]
01248.0015/763756.2 A-3
APPROVED as of the date shown below.
LICENSOR:
City of Yuba City,
a California municipal corporation
By:
Name:
Title:
Date:
ACCEPTED BY LICENSEE:
LICENSEE:
________________________________________, a
_____________________________
By: _________________________________
Its: __________________
By:
Name:
Title:
Date:
Exhibits:
Exhibit 1 - City Approved Site Plans and Documentation of Required City Approvals
01248.0015/763756.2 A-4
Exhibit 1 to Site Supplement
[City Approved Site Plans and Documentation of Required City Approvals]
01248.0015/763756.2 B-1
EXHIBIT B
[State and Federal Authorization]
01248.0015/806410.1
EXHIBIT C
Licensee’s Minimum Insurance Requirements
General.
Prior to performing work under this Agreement, Licensee shall furnish Licensor a certificate of insurance on a standard insurance industry ACORD form. The insurance coverage required must be issued by an insurance company eligible to transact business in the State of California, possessing a current A.M. Best, Inc. rating of A-VII or better.
Licensee shall carry and maintain the insurance coverage set forth below, and shall require any of its contractors to procure and maintain substantially the same coverage as required of Licensee, until all of their obligations have been discharged. Licensee shall endeavor to ensure that Licensor is included as an additional insured as their interest may appear under this Agreement on insurance required from Licensee’s contractors.
The insurance requirements set forth herein in no way limit the indemnity covenants contained in this Agreement.
Licensor in no way warrants that the insurance limits contained in this Agreement are sufficient to protect Licensee from liabilities that might arise out of the performance of this Agreement by Licensee and its contractors, and Licensee is free to purchase any additional insurance as it may deem necessary.
Failure to demand evidence of full compliance with the insurance requirements in this Agreement or failure to identify any insurance deficiency will not relieve Licensee from, nor will it be considered a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement.
Scope and Limits of Insurance. Licensee shall provide the required coverage with limits of liability of __________. The insurance requirements under this Agreement shall be the coverage and limits specified in this Agreement.
Licensee's insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
For the insurance required by this Agreement Licensee hereby agrees to waive rights of subrogation which any insurer of Licensee may acquire from Licensee by virtue of the payment of any loss. Licensee agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation.
Additional Policy Provisions Required.
Commercial General Liability.
Commercial General Liability per ISO form CG 00 01 or its substantial equivalent with $2,000,000 per occurrence and in the aggregate for Bodily Injury,
01248.0015/806410.1
Personal and Advertising Injury and Property Damage including Contractual Liability, Products Liability, Completed Operations coverage.
Licensor, its officers, officials, employees and representatives to be included as additional insured as their interest may appear under this Agreement by endorsement as respects this Agreement.
Licensee shall provide Licensor with at least 30-day notice of intent to cancel or non-renew in coverage unless replaced.
Automobile Liability:
$2,000,000 Combined Single Limit of Liability for Bodily Injury and Property Damage per accident.
Coverage to include “Owned, Non-Owned, and Hired” automobiles.
Licensor, its officers, officials, employees and representatives to be included as additional insured as their interest may appear under this Agreement by endorsement as respects this Agreement.
Licensee shall provide Licensor with at least 30-day notice of intent to cancel or non-renew in coverage unless replaced.
Workers’ Compensation/Employer’s Liability:
Certificate of Insurance indicating “statutory” limits.
Employer’s Liability with limits of $1,000,000 per accident for bodily injury or disease, policy limit.
Licensee shall provide the City with at least 30-day notice of intent to cancel or non-renew in coverage unless replaced.
Waiver of Subrogation with respect to City (by blanket endorsement) Technology Errors and Omissions Liability.
Technology Errors and Omissions liability shall be maintained during the scope of the agreement for $1,000,000 per occurrence or claim and $2,000,000 aggregate. Coverage shall include the following risks:
liability arising from the theft, dissemination and/or use of confidential information, including but not limited to, personally identifiable information, protected health information, security codes, access codes, passwords or personal identification numbers (PINS);
01248.0015/806410.1
Privacy notification costs, credit monitoring and regulatory fines where insurable by law, arising from such theft, dissemination and/or use of confidential information; and
Network security breaches, crisis management expense, and negligent acts, errors, mistakes, and omissions arising out of the work or services performed by Licensee, or any person employed or contracted by Licensee.
Coverage may be written on a claims-made form. If coverage is on a claims-made basis, the coverage must be maintained for a period of 3 years after all Services under this Agreement are completed, and additional claims-made coverage requirements apply as described below.
Licensee shall provide Licensor with at least 30-day notice of intent to cancel or non-renew unless replaced.
Primary & Non-contributory. The required Commercial General Liability and Automobile Liability coverage provided by Licensee shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Licensor before Licensor’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Agenda Item 25
CITY OF YUBA CITY
STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Time extension for Development Plan 20-03, Richland Village Affordable Housing Development, and associated City funding commitment Recommendation: Approve a two-year extension of time for Development Plan 20-03 and the associated City funding commitment, pursuant to City Municipal Code Section 8-
5.7106, resulting in a new expiration date of January 19, 2027 Fiscal Impact: $1,000,000 from the City’s Low-Mod Housing Fund in financial assistance for the development as approved on May 18, 2021
Purpose:
To extend the approved development entitlement and City funding commitment for an additional two year period and to assist in the production of additional affordable housing in Yuba City.
Council's Strategic Goal:
This project addresses the City Council's goal of enhancing the quality of life by providing housing options to the community.
Background:
In October 2020, the City received a development plan application for a multi-phase, 176-unit apartment complex from the Regional Housing Authority (RHA) located in the Richland Housing area, adjacent to the airport. The project, titled “Richland Village,” proposes the construction of a 176-unit affordable apartment complex on a 4.9-acre site at 470 Bernard Drive (APN 53-470-091) in Yuba City.
The community will feature one-, two-, and three-bedroom units in eight residential buildings, a 2,795 square foot community center, and outdoor amenity spaces.
On January 19, 2021, the City Council approved Development Plan 22-03 and considered an initial funding request. Following that meeting, an Ad Hoc committee was established to further discuss the request. On May 18, 2021, the City Council approved a funding commitment of $1,000,000 from the City’s Low-Mod Housing Asset Fund towards the Richland Village development.
The developer, Sutter County Affordable Homes (SCAH), is a 501(c)(3) Public Non-Profit affiliate of the RHA. The project was recently awarded $30 million in funding through the California Department of Housing and Community Development’s (HCD) Affordable Housing and Sustainable Communities
(AHSC) program. Of the awarded amount, $8.5 million is designated for Yuba-Sutter Transit to aid construction of the new transit facility.
In August 2022, the City Council approved a two-year time extension for Development Plan 20-03 and the associated funding commitment, resulting in a new expiration date of January 19, 2025.
In August 2024, the City received a letter from RHA proposing a reduction in the number of units from 176 to 133 due to financial constraints and urgent timelines for final tax-credit funding applications. Staff determined that the proposed modifications were consistent with the findings made when the project was approved by City Council on January 19, 2021 (Resolution No. 21-003).
Analysis:
The applicant submitted a written request for the extension in compliance with the conditions placed on the project at the time of approval, and City staff have determined that the conditions for approval remain valid.
The applicant’s request states that the extension is needed due to the timing of applying for additional funding sources and the competitive nature of affordable housing financing. Based on the applicant's request and the above analysis.
For the project to remain valid and eligible for grant funding a time extension to the development plan entitlement is required. The funding is independent from the development plan time extension. The funding commitment was key to establishing local commitment when competing for alternative financing. Reducing the funding commitment will likely increase the difficulty for RHA to deliver the project.
Fiscal Impact:
The fiscal impact on the City will be the continuation of the approved commitment of $1,000,000 towards the project if the extension request is approved.
The estimated total development cost for 133 units is approximately $62.1 million, including relocation costs, financing terms/requirements, design, construction, fees, and other related expenses, placing the cost at approximately $467,000 per unit. The Regional Housing Authority is actively working to finalize funding needs through a tax-credit and tax-exempt bond application. The timeline for these applications is as follows:
• Tax-exempt bond and tax-credit application due in late January 2025 (exact date pending based on the State’s calendar).
• Awards are anticipated to be announced in late April or early May 2025. • Construction loan financing closing is expected in October 2025. • Construction is scheduled to begin in October 2025, with a 24-month construction period.
RHA has worked closely with City staff to provide a project design that balances cost-effective options while meeting both federal and City design standards, ensuring a product that is attractive, durable, and efficiently engineered.
Alternatives:
1. Do not approve the request at this time.
2. Modify funding commitment and/or provide staff with further direction.
Recommendation:
Approve a two-year extension of time for Development Plan 20-03 and the associated City funding commitment, pursuant to City Municipal Code Section 8-5.7106, resulting in a new expiration date of January 19, 2027.
Attachments:
1. Resolution
2. Extension Request letter, dated November 23, 2024
3. Funding Commitment Letter, dated May 24, 2021
4. Amended DP 20-03 Approval Letter, dated August 22, 2024
5. Exhibit A. Amended Site Plan (133 units)
Prepared By: Submitted By:
Ashley Potočnik
Development Manager
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY TO APPROVE A TWO-YEAR EXTENSION OF TIME FOR DEVELOPMENT PLAN (DP) 20- 03, RICHLAND VILLAGE AFFORDABLE HOUSING DEVELOPMENT, AND THE
ASSOCIATED FUNDING COMMITTMENT BETWEEN THE CITY OF YUBA CITY, THE
REGIONAL HOUSING AUTHORITY, AND SUTTER COUNTY AFFORDABLE HOMES FOR RICHLAND VILLAGE AFFORDABLE HOUSING (APN 53-470-091)
WHEREAS, in October 2020, the City received a development plan application for the entitlement of a multi-phase, 176-unit apartment complex from the Regional Housing Authority (RHA) located in the Richland Housing area, adjacent to the airport; and WHEREAS, the development titled “Richland Village” proposes to construct a 176-unit affordable apartment home community on a 4.9-acre site at 470 Bernard Drive (APN 53-470-091) in Yuba City; and
WHEREAS, the City Council approved Development Plan 20-03 on January 19, 2021, which includes one-, two-, and three-bedroom units in eight residential buildings, a 2,795 square foot community center, and outdoor amenity spaces; and
WHEREAS, on May 18, 2021, the City Council approved a funding commitment of $1,000,000 from the City’s Low-Mod Housing Asset Fund for the development of Richland Village; and
WHEREAS, the Developer, Sutter County Affordable Homes (SCAH), an affiliate 501(c)(3) public non-profit entity of RHA, was awarded $30 million in funding through the California Department of Housing and Community Development’s (HCD) Affordable Housing and Sustainable Communities (AHSC) program, with $8.5 million designated for Yuba-Sutter Transit to construct a new transit facility; and
WHEREAS, in August 2022, the City Council approved a two-year time extension for Development Plan 20-03 and the associated funding commitment, extending the expiration date to January 19, 2025; and
WHEREAS, in August 2024, the City received a letter from RHA proposing a reduction in the number of units from 176 to 133 due to financial constraints and urgent timelines for tax-credit funding applications; and
WHEREAS, City staff reviewed the proposal and determined that the modification to the number of residential units is consistent with the findings made when the project was approved by the City Council on January 19, 2021 (Resolution No. 21-003); and WHEREAS, in November 2024, the applicant submitted a written request for the extension of Development Plan 20-03 and the associated funding commitment, in compliance with the conditions placed on the project at the time of approval; and WHEREAS, the applicant’s request for a time extension is based on the timing of applying for additional funding sources and the competitive nature of affordable housing financing; and
WHEREAS, City staff have determined that there are no circumstances necessitating changes to the originally-approved findings or conditions of approval; and WHEREAS, the City Council desires to approve the time extension request for Development Plan 20-03, Richland Village, and the associated funding commitment between the City of Yuba City, the Regional Housing Authority, and Sutter County Affordable Homes.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Yuba City as follows:
Section 1. Recitals. The City Council finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein.
Section 2. CEQA Findings. The City Council finds that the project was previously analyzed environmentally pursuant to California Environment Quality Act (CEQA) and was determined to be Categorically Exempt pursuant to CEQA Section 15332, Infill Development Projects, and no further action is required under CEQA.
Section 3. Extension of Time. The City Council approves the two-year extension of time for approved Development Plan 20-03, and the associated funding commitment between the City of Yuba City, the Regional Housing Authority, and Sutter County Affordable Homes for Richland Village Affordable Housing
Section 4. Effective Date. This Resolution shall become effective immediately.
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 December 17, 2024 by the following vote:
AYES:
NOES:
ABSENT:
___________________________
Dave Shaw, Mayor
ATTEST:
________________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
________________________________
SHANNON CHAFFIN, City Attorney
Aleshire & Wynder, LLP
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 4
EXHIBIT A
COMMUNITY ROOM KITCHEN COMMUNITY ROOM EXTERIOR MAIL BOX AREA TOILET RM. TOILET RM. UTILITY CLO. OFFICE 3 OFFICE 2 OFFICE 1 FILE STORAGE BREAK ROOM ELECTRICAL CLOSET LAUNDRY ROOM ADMIN. AREA ENTRY CHECK DROP GATE NO PARKINGNO PARKING NO PARKINGNO PARKING TRASHTRANS. TRANS. NEW BICYCLE LANE C C C C C C C C C C C C C C C C C C C C C C C BBQ BBQ TRANS. TRANS.
NO PARKING C C C C C JULY 15, 2024 Yuba City , California Richland Village 470 Bernard Drive SITE PLAN A1.2 0 5 10 20 40 SCALE: 1" = 20'-0" 25'-0" COMMUNITY CENTER / MGR. UNIT ABOVE TRASH
53'-9" OUTDOOR REC AREA SOLAR ACCESS OUTDOOR REC AREA EMERGENCY EXIT 25'-0"
12'-3 1/2" 20'-0"
15'-0"
25'-0"
25'-0" 18'-0" 35'-0"
67'-5"
10'-0"
5'-0" TRANSFORMER TRASH TRASH 24'-0" 24'-0" 5'-2 1/2"
53'-9"
25'-0" BLDG 2 3-STORY TYPE 4 24 UNITS MAX. HT.= 35'-6" BLDG 1 3-STORY TYPE 1 24 UNITS MAX. HT.=35'-6" BLDG 3 3-STORY TYPE 1 24 UNITS MAX. HT.= 35'-6" SITE INFORMATION PARCEL: 214,632.230 square ft. = 4.92 ACRES BUILDING FOOTPRINT: 56,452 S.F. OVERALL BUILDING SQUARE FOOTAGE: 147,519 S.F. 15'-0 1/2" FIRE ACCESS
LAUNDRY SMALL CHILD PLAY AREA -1 18'x44' BIKE SHELTER 44 BIKES 18'x44' BIKE SHELTER 44 BIKES BASKETBALL HOOP 8'-0" 8'-0" 7'-6" 7'-6" FIRE RISER FIRE RISER FIRE RISER FIRE RISER FIRE RISER FIRE RISER FIRE RISER BUILDING LEGEND 2-STORY COMPONENT 1-STORY COMPONENT 1372 S.F. PLAY / RECREATION FACILITIES - REQUIRED AREAS 100 UNITS = 600 S.F. 76 UNITS = 380 S.F. TOTAL - 980 S.F. SMALL CHILD PLAY AREA 1 = 1600 S.F. CHILD PLAY AREA 2 = 1325 S.F. CHILD PLAY AREA -2 24'-0" 18'-0" 18'-0"
7'-6" 1600 S.F.
18'-0" 18'-0"
18'-0"
18'-0"
18'-0"
18'-0" 24'-0" R23'-1 1/2" BLDG 4 3-STORY TYPE 4 24 UNITS MAX. HT.= 35'-6" BLDG 5 3-STORY TYPE 1 24 UNITS MAX. HT.=35'-6" BLDG 6 3-STORY TYPE 6 12 UNITS MAX. HT.=35'-6" 17'-1 1/2" COMMUNITY GARDEN COMMUNITY GARDEN R23'-1 1/2" 70'-0" 20'-0"
Agenda Item 26
CITY OF YUBA CITY
STAFF REPORT
Date: December 17, 2024
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Jaspreet Kaur, Associate Planner
Summary
Subject: General Plan Amendment 24-02 and Rezone 24-04 for the Gary Smith project located at 2192 Live Oak Blvd.
Recommendation: A. Conduct a Public Hearing, and;
B. Adopt a Resolution of the City Council of the City of Yuba City approving Environmental Assessment 24-09 by adopting a Mitigated Negative Declaration, subject to the Mitigation Measures, and approve General Plan Amendment (GPA) 24-02 re-designating 0.43-acres from the Manufacturing, Processing, and Warehousing land use designation to the Community Commercial designation, and;
C. Introduce an Ordinance of the City Council of the City of Yuba City to adopt Rezone (RZ) 24-04 rezoning 0.43 acres Light Industrial District (M-1) Zone District to Community Commercial (C-2) Zone District, for the Smith project, located at 2192 Live Oak Blvd (APN 51-490-028), and waive the first reading.
Fiscal Impact: The cost for processing land use entitlements is partially funded by the project applicant through the payment of application fees.
Purpose:
To consider General Plan Amendment (GPA) 24-02 and Rezone (RZ) 24-04 for the Gary Smith project.
Council’s Strategic Goal:
This item meets the City Council’s strategic goal of business friendly.
Background:
The applicant, Gary Smith, filed for an application for GPA 24-02 and Rezone 24-04 to change the land use and zoning from Manufacturing, Processing, and Warehousing, Light Industrial District (M-1) to Community Commercial District (C-2).
On November 13, 2024, the Yuba City Planning Commission conducted a public hearing, and the Planning Commission unanimously voted to adopt Resolution PC 24-17 recommending approval to the City Council together with Environmental Assessment 24-09. There was no opposition expressed by
the public at the Planning Commission meeting.
Analysis
The project site is located on the southwest corner of Live Oak Blvd. and Northgate Drive, and currently has an existing building, paved parking and landscaping. Access to the site is provided from both Live Oak Blvd and Northgate Drive.
This project requests to amend the General Plan Land Use Designation and Zoning District to Community Commercial. The applicant is proposing to use the building for professional services, which currently isn’t permitted in the M-1 District (industrial uses), therefore a General Plan Amendment and Rezoning is required.
Converting the building’s use requires a building permit and the project will need to comply with the C-2 District development standards which include building height, setbacks, lighting, landscaping, parking, signage, and trash enclosures.
Traffic: Due to the property’s small size, staff does not anticipate redevelopment of the site will result in significant traffic generation. The Public Works Department concluded that local street improvements will mitigate traffic concerns, and potential impacts on nearby streets due to this project will be less than significant.
Environmental Considerations
An environmental assessment was prepared for this project (EA 23-04) in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations.
Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and recommends the Planning Commission recommend adoption of a mitigated negative declaration for this project. The finding of the mitigated negative declaration is that, with the proposed mitigations for Greenhouse Gas Emissions, Geology and Soils, and Tribal Cultural Resources, this GPA/RZ will not create any significant environmental impacts. As a result, the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA. The proposed mitigations are included in the attached Mitigation Monitoring Program.
Fiscal Impact:
The cost for processing land use entitlements is partially funded by the project applicant through the payment of application fees.
Alternatives:
1. Deny the application to approve General Plan Amendment 24-04 and Rezone 2.
2. Provide staff with alternate direction.
Recommendation:
A. Conduct a Public Hearing, and;
B. Adopt a Resolution of the City Council of the City of Yuba City approving Environmental
Assessment 24-09 by adopting a Mitigated Negative Declaration, subject to the Mitigation Measures, and approve General Plan Amendment (GPA) 24-02 re-designating 0.43-acres from the Manufacturing, Processing, and Warehousing land use designation to the Community Commercial designation, and; C. Introduce an Ordinance of the City Council of the City of Yuba City to adopt Rezone (RZ) 24-04 rezoning 0.43 acres Light Industrial District (M-1) Zone District to Community Commercial (C-2) Zone District, for the Smith project, located at 2192 Live Oak Blvd (APN 51-490-028), and waive the first reading.
Attachments:
1. Attachment 1 - Resolution
2. Exhibit A - Land Use Map
3. Exhibit B - EA 24-09
4. Attachment 2 - Ordinance
5. Exhibit A - Zoning Map
Prepared By: Submitted By:
Jaspreet Kaur
Associate Planner
Diana Langley
City Manager
1 ATTACHMENT 1
2 RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING ENVIRONMENTAL ASSESSMENT 24-09 BY ADOPTING A MITIGATED NEGATIVE
DECLARATION, SUBJECT TO THE MITIGATION MEASURES, AND APPROVING GENERAL PLAN AMENDMENT (GPA) 24-02 RE-DESIGNATING 0.43-ACRES
FROM THE MANUFACTURING, PROCESSING, AND WAREHOUSING LAND USE
DESIGNATION TO THE COMMUNITY COMMERCIAL DESIGNATION, LOCATED AT 2192 LIVE OAK BLVD (APN 51-490-028).
WHEREAS, the City received an application for a General Plan Amendment to amend the General Plan Land Use Map from Manufacturing, Processing, and Warehousing, (O) land use designation to a Community Commercial designation, and a Rezone for this same property, revising the zoning from a M-1 Zone District to an C-2 Zone District; and WHEREAS, this property is within Yuba City’s city limits and the property owner wished to develop their property to urban levels; and
WHEREAS, all development that may result from this action will be provided a full range of City services; and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared an Initial Study proposing a Mitigated Negative Declaration (EA 24-09) for the Project; and
WHEREAS, a review of the General Plan and Zoning Regulations determined that the proposed GPA/RZ is consistent with the other elements of the General Plan and Zoning Regulations; and
WHEREAS, on November 13, 2024, the Planning Commission concurrently conducted a duly noticed public hearing on the applications, as well as Environmental Assessment, at which time it received input from City Staff, 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, the Planning Commission reviewed all associated documents prepared for the Project, including that related to the applications, and all of the evidence received by the Planning Commission; and
WHEREAS, after deliberation and consideration of all relevant items, the Planning Commission recommended the City Council of the City of Yuba City adopt a resolution approving EA 24-09 and GPA 24-02, and adopt an ordinance approving RZ 24-04; WHEREAS, on December 17, 2024, the City Council conducted a Public Hearing to consider the GPA 24-02, RZ 24-04, and EA 24-09, and received both oral testimony and written information presented at the hearing regarding the same; and WHEREAS, the City Council considered said recommendations of the Planning
3 Commission on the matter and after review and consideration of the Environmental Assessment, the City Council now desires to approve the project; and WHEREAS, due to the limitations of State law that limit the number of General Plan amendments that can occur each year, and to comply with this requirement, individual projects proposing amendments to the General Plan may be contingently approved based on a final consolidated approval of all such project by the City Council; and WHEREAS, the City Council now desires to adopt EA 24-09 and contigently approve GPA 24-02, with RZ 24-04 to be adopted by separate ordinance.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Yuba City resolves and orders as follows:
1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
1. 2. CEQA Finding. The City Council finds and determines that there is no substantial evidence in the record that the Project may have a significant effect on the environment as identified by the mitigated negative declaration (MND) prepared for Environmental Assessment 24-09. Additionally, the City Council finds and determines as follows:
a. An environmental assessment/initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines, and reflects the City Council’s independent judgment and analysis. The process included the distribution of requests for comments from other responsible or affected agencies and interested organizations. Preparation of Environmental Assessment 24-09 necessitated a thorough review of the proposed Project and relevant environmental issues and considered previously prepared environmental and technical studies. While the proposed Project could have a potentially significant effect on the environment, based on its independent judgement and analysis the City Council finds that feasible mitigation measures or alternatives have been incorporated into the project in order to avoid the effects to a point where clearly no significant effect on the environment will occur, and there is no substantial evidence in the record that this Project may have any direct, indirect or cumulative effects on the environment that are potentially significant or adverse. The proposed Project will not result in any adverse effects which fall within the “Mandatory Findings of Significance” contained in Section 15065 of the State CEQA Guidelines. The project-specific mitigation measures included in the Project to avoid potentially significant effects are set forth in the attached Initial Study/Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. With the project-specific mitigations imposed, there is no substantial evidence in the record that this Project may have significant direct, indirect, or cumulative effects on the environment. As such, the City Council also finds and determines that in light of the entire administrative record and the substantial evidence before it, the Project has been adequately environmentally assessed as required by CEQA per Environmental Assessment 24-09.
3. Adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Based on the foregoing, the Planning Commission recommends the City Council adopt the Mitigated Negative Declaration prepared for the project, including the associated Mitigation Monitoring and Reporting Program, as the project will not result in any significant, adverse environmental impacts with the mitigations proposed. The Yuba City Development Services Department is located at 1201 Civic Center Boulevard, Yuba City, CA 95993, and is
4 recommended to be designated as the custodian of the documents and other materials that constitute the record of the proceedings upon which the decision is based. The Planning Commission further recommends the City Council authorize the Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for approval of the project that complies with the CEQA Guidelines.
4. General Plan Findings. The City Council finds that the public necessity, general welfare, good planning practices, public interest, and convenience warrant approval of General Plan Amendment 24-02, including the following:
a. The Project will not generate significant amounts of new traffic that would cause a decrease in levels of service for nearby General Plan streets including Northgate Drive, and Live Oak Blvd, and any new development that result from this Project will pay their fair share of traffic development impact fees, making the project consistent with the Transportation Element.
b. The environmental document prepared for the Project (EA 22-04) found that the Project will not create significant environmental impacts on water quality, air quality, biological resources, agricultural lands, open space, and archaeological resources, making the Project consistent with the Environmental Conservation Element of the General Plan. c. The Project will connect to all City services including water, wastewater, and stormwater drainage, making it consistent with the Public Utilities Element, and the Police and Fire Departments determined that the Project will not cause any safety or emergency response issues. As such the Project will be consistent with the Noise and Safety Element.
5. Approval of General Plan Amendment 23-02. Based on the information provided above, the City Council of Yuba City approves adoption of General Plan Amendment 24-02, per the attached Exhibit A.
6. Effective Date of Resolution. This Resolution shall become effective immediately.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 17th day of December, 2024.
Ayes:
Noes:
Absent:
Recused:
_____________________________
Dave Shaw, Mayor
ATTEST:
5 ______________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
_________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment:
Exhibit A: General Plan Map, GPA 24-04
Exhibit B: Environmental Assessment 24-09
EXHIBIT A
PROJECT
LOCATION
LIVE
OAK
BLVD
NORTHGATE DR
PROJECT
LOCATION
LIVE
OAK
BLVD
NORTHGATE DR
EXISTING PROPOSED
City of Yuba City
General Plan
Low Density Residential
Medium/Low Density Residential
Medium/High Density Residential
Parks, Recreation & Open Space
Agricultural/Rural
HS-High School; EMS-Elementry/Middle School
Regional Commercial
Community Commercial
Neighborhood Commercial
Office & Office Park
Business, Technology & Light Industry
Manufacturing, Processing & Warehousing
Parcels
Project Site
GPA 24-02
±
SMITH GENERAL PLAN AMENDMENT, LAND USE MAP
EXHIBIT B
Environmental Assessment 24-09
Initial Study and Mitigated Negative Declaration for General Plan Amendment 24- 02 and Rezoning 24-04, Gary Smith. The request is to amend the General Plan land use designation for a 0.43-acre property from a Manufacturing, Processing, and Warehousing land use designation to a Community Commercial designation. The requested rezoning to a compatible zoning is to amend the zoning from the Light Industrial Zone District to the Community Commercial Zone District.
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
October 2024
~x-,.. X
l'bl4QW
1 This page intentionally left blank.
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 ....................................................................................................................6 Project Title................................................................................................................................... 6 Lead Agency Name and Address .................................................................................................. 6 Contact Person and Phone Number............................................................................................. 7 Project Location............................................................................................................................ 7 Project Applicant .......................................................................................................................... 7 Property owner............................................................................................................................. 7 General Plan Designation ............................................................................................................. 7 Zoning ........................................................................................................................................... 7 Project Description ....................................................................................................................... 7
2.10 Surrounding Land Uses and Setting………………………………………………………………………………………..12
2.11. Other Public Agencies Whose Approval May be Required ........................................................11
2.12. Native American Tribe Consultation……………………………………………………………………………………… 12
2.13. Environmental Factors Potentially Affected:...............................................................................11
2.14. Evaluation of Environmental Impacts: .......................................................................................13
3. Environmental Checklist and Impact Evaluation........................................................................14 Aesthetics ...................................................................................................................................14 Agricultural and Forestry Resources...........................................................................................17 Air Quality...................................................................................................................................21 Biological Resources...................................................................................................................28 Cultural Resources......................................................................................................................32
3.6. Energy .........................................................................................................................................35
3.7. Geology and Soils........................................................................................................................37
3.8. Greenhouse Gas Emissions.........................................................................................................43
3.9. Hazards and Hazardous Materials..............................................................................................46
3.10. Hydrology and Water Quality.....................................................................................................51
3.11. Land Use and Planning................................................................................................................55
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.
3.1. 3.2.
3.3. 3.4.
3.5.
3 3.12. Mineral Resources......................................................................................................................56
3.13. Noise...........................................................................................................................................58
3.14. Population and Housing .............................................................................................................63
3.15. Public Services............................................................................................................................65
3.16. Recreation...................................................................................................................................67
3.17. Transportation/Traffic ................................................................................................................68
3.18. Tribal Cultural Resources............................................................................................................70
3.19. Utilities and Service Systems......................................................................................................75
3.20. Wildfire .......................................................................................................................................78
3.21. Mandatory Findings of Significance............................................................................................80
4. Section References and/or Incorporated by Reference..............................................................82
4 CITY OF YUBA CITY
Development Services Department
Planning Division
1201 Civic Center Blvd. Yuba City, CA 95993 Phone (530) 822-4700
1. Introduction
Introduction
This Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared to identify any potential environmental impacts in the City of Yuba City, California (City) from proposed General Plan Amendment (GPA) 24-02 and Rezoning (RZ) 24-04 for Gary Smith (collectively “Project”): This request will:
GPA 24-02: redesignate the 0.43-acre (approximately 17,600 square feet) parcel from the Manufacturing, Processing and Warehousing (MPW) land use designation to the Community Commercial (CC) designation.
RZ 24-04: amend the zoning for the same 0.43 acres from the Light Manufacturing (M-1) Zone District to the Community Commercial (C-2) Zone District.
The 0.43-acre property is developed with existing structures and the applicant has indicated their desire to utilize the primary building as a beauty salon.
The GPA/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 by the City of Yuba City Planning Commission for a recommendation to the City Council for a decision.
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 GPA/RZ and provide an environmental assessment for consideration by the Planning Commission and City Council. In addition, this document is intended to provide the basis for input from public agencies, organizations, and interested members of the public.
Regulatory Information
An Initial Study (IS) is an environmental assessment document prepared by a lead agency to determine if a project may have a significant effect on the environment. In accordance with the California Code of Regulations Title 14 (Chapter 3, §15000 et seq.), commonly referred to as the CEQA Guidelines - Section 15064(a)(1) states an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the proposed project under review may have a significant effect on the environment and should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant. A negative declaration may be 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 ~
~
1.1. 1.2.
5 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. Chapter 1, Introduction, provides an overview of the proposed Project and the CEQA environmental documentation process. Chapter 2, Project Description, provides a detailed description of proposed Project objectives and components. Chapter 3, Impact Analysis, presents the CEQA checklist and environmental analysis for all impact areas, mandatory findings of significance, and feasible measures. If the proposed Project does not have the potential to significantly impact a given issue area, the relevant section provides a brief discussion of the reasons why no impacts are expected.
If the proposed Project could have a potentially significant impact on a resource, the issue area discussion provides a description of potential impacts, and appropriate mitigation measures and/or permit requirements that would reduce those impacts to a less than significant level. Chapter 4, List of Preparers, provides a list of key personnel involved in the preparation of the IS/MND.
Purpose of Document
The proposed GPA/RZ will undergo a public review process by the Planning Commission that will result in a recommendation by the Planning Commission to the City Council followed by a public hearing and a decision by the City Council. 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 the Project may have a significant effect on the environment. If the lead agency finds substantial evidence that any aspect of the Project, either individually or cumulatively, may have a significant effect on the environment, regardless of whether the overall effect of the Project is adverse or beneficial, the lead
1.3. 1.4.
6 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 Project, the City of Yuba City Planning Division has analyzed the potential environmental impacts created by this Project and a mitigated negative declaration has been prepared.
Intended Uses of this Document
In accordance with CEQA, a good-faith effort has been made during preparation of this IS/MND to contact affected public agencies, organizations, and persons who may have an interest in the proposed Project.
In reviewing the Draft IS/MND, affected and interested parties should focus on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the effects of the proposed Project would be avoided or mitigated.
The Draft IS/ND and associated appendices will be available for review on the City of Yuba City website at http://www.yubacity.net. The Draft IS/MND and associated appendixes also will be available for review during regular business hours at the City of Yuba City Development Services Department (1201 Civic Center Boulevard, Yuba City, California 95993). The 20-day review period will commence on October 25, 2024 and end on November 13, 2024 at the conclusion of the Planning Commission hearing.
Written comments on the Draft IS/MND should be sent to the following address:
City of Yuba City
Development Services Department
1201 Civic Center Boulevard
Yuba City, CA 95993
e-mail: [email protected]
Phone: 530.822.4700
2. Project Description
Project Title
General Plan Amendment (GPA) 24-02 and Rezoning (RZ) 24-04, Gary Smith.
Lead Agency Name and Address
City of Yuba City
Development Services Department, Planning Division
1201 Civic Center Blvd.
Yuba City, CA 95993
1.5. 2.1.
2.2.
7 Contact Person and Phone Number
Doug Libby, AICP
Deputy Director of Development Services
(530) 822-3231
[email protected]
Project Location
The 0.43 acre parcel is located on the southwest corner of Live Oak Boulevard and Northgate Drive. The address is 2192 Live Oak Boulevard. Assessor’s Parcel Number (APN) 051-490-028.
Project Applicant
Gary Smith
P.O. Box 3607
Yuba City, CA 95992
Property owner
21 Ninety-Two LLC
P.O. Box 3607
Yuba City, CA 95992
General Plan Designation
Existing: Manufacturing, Processing and Warehousing (MPW) Land Use Designation.
Proposed: Community Commercial (CC) Land Use Designation.
Zoning
Existing: Light Industrial (M-1) Zone District.
Proposed: Community Commercial (C-2) Zone District.
Project Description
General Plan Amendment (GPA) 24-02 and Rezoning (RZ) 24-04 for Gary Smith (collectively “Project”).
GPA 24-02 would redesignate the 0.43-acre (approximately 17,600 square feet) parcel from the Manufacturing, Processing and Warehousing (MPW) land use designation to the Community Commercial (CC) designation.
RZ 24-04 would rezone the same 0.43 acres from the Light Manufacturing (M-1) Zone District to the Community Commercial (C-2) Zone District.
In general, the proposal would allow a change in the usage, character, and appearance of the property from light industrial type uses to general retail and service commercial type uses. There is no actual development proposed as part of this application.
2.3. 2.4.
2.5. 2.6.
2.7. 2.8.
2.9.
8 Figure 1: Location Map
\
\
NORTHGATE OR
9 Figure 2: General Plan Amendment 24-02 - Existing and proposed general plan land use maps
SMITH GENERAL PLAN AMENDM:ENT, LAND U'SE MAIP
City of Yuba City
General P Ian
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EXISTING
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NORTHGATE OR
PROJECT
L101CAT1ION
N
A
GPA24-02
10 Figure 3: RZ 24-04: Existing and proposed zoning maps
EXISTING
I
\
PROJECT
LOCATION
R-1 \~
M-1
M-1
SMITH :REZONE, ZONINIG MAP
A-H
' \ 0
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\ ~
\ 0
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Citv of Yuba City
D PjlWII, C PmjN:'.llE
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R-1
PROJECT
LOCATION
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'
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...
-
C-2 \ - I
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A I REZONE 24-041
11 2.10. Surrounding Land Uses and Setting
Setting: The 0.43-acre corner parcel currently has on it a light industrial building with an adjoining parking lot.
2.11. Other Public Agencies Whose Approval May be Required Feather River Air Quality Management District, Dust Control Plan, Indirect Source Review. Central Valley Regional Water Quality Control Board.
2.12. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
All geographically relevant Native American tribes were timely notified of the Project, and consultation was not requested.
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 Transportation X Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance
Table 1: Bordering Uses
North: Northgate Drive with the City water treatment plant across the street.
South: Light industrial building.
East: Live Oak Boulevard.
West: Sunsweet dryer facility.
12 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.
______________________________________________ October 25, 2024 Signature Date
Doug Libby, AICP, Deputy Director of Development Services Printed Name/Position
□
[8J
□
□
□
13 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.
14 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 the 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, comprise the long-range views. They are located several miles northwest of the Project site, 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.
15 Recognizing the livability and beauty of peer communities with highly designed visual landscapes, commit to a focus on the visual landscape of Yuba City. Maintain, develop, and enhance connections between existing and planned neighborhoods. Create and build upon a structured open space and parks network, centered on two large urban parks and the Feather River Corridor.
Strive for lush, landscaped public areas marked by extensive tree plantings. Design commercial and industrial centers to be visually appealing, to serve both pedestrians and automobiles, and to integrate into the adjacent urban fabric.
In addition to the City’s General Plan, the City provides Design Guidelines. The goal of the City’s design guidelines is to ensure the highest quality of building design: designs that are aesthetically pleasing; designs that are compatible with the surroundings in terms of scale, mass, detailing, and building patterns; designs that accommodate the pedestrian, automobile, bicycle, and transit circulation; and designs that consider public safety, public interaction, and historic resources. As there is no actual development proposed the design guidelines do not apply to this proposal. They will be applied when a development is proposed.
3.1.2. Federal Regulatory Setting
Federal regulations relating to aesthetics include Organic Administration Act (1897), Multiple Use – Sustained Yield Act (1960), Wilderness Act (1964), Federal Lands Policy and Management Act (1976), Wild and Scenic Rivers Act. The proposed Project is not subject to these regulations since there are no federally designated lands or rivers in the vicinity.
3.1.3. State Regulatory Setting
The California State Scenic Highway Program was created by the California Legislature in 1963 to preserve and protect scenic highway corridors from change which would diminish the aesthetic value of lands adjacent to highways. The state laws governing the Scenic Highway Program are found in the Streets and Highways Code, Section 260 et seq. The State Scenic Highway System includes a list of highways that are either eligible for designation as scenic highways or have been so designated. These highways are identified in Section 263 of the Streets and Highways Code.
A highway may be designated scenic depending upon how much of the natural landscape can be seen by travelers, the scenic quality of the landscape, and the extent to which development intrudes upon the traveler’s enjoyment of the view. When a city or county nominates an eligible scenic highway for official designation, it must identify and define the scenic corridor of the highway. A scenic corridor is the land generally adjacent to and visible from the highway. A scenic corridor is identified using a motorist’s line of vision. A reasonable boundary is selected when the view extends to the distant horizon. The corridor protection program does not preclude development but seeks to encourage quality development that does not degrade the scenic value of the corridor. Jurisdictional boundaries of the nominating agency are also considered. The agency must also adopt ordinances to preserve the scenic quality of the corridor or document such regulations that already exist in various portions of local codes. These ordinances make up the scenic corridor protection program. County roads can also become part of the Scenic Highway System. To receive official designation, the county must follow the same process required for official designation of state scenic highways. There are no designated state scenic highways in the vicinity of the Project site.
16 California Building Code Title 24 Outdoor Lighting Standards: The requirements vary according to which “Lighting Zone” the equipment is in. The Standards contain lighting power allowances for newly installed equipment and specific alterations that are dependent on which Lighting Zone the project is located in.
Existing outdoor lighting systems are not required to meet these lighting power allowances. However, alterations that increase the connected load, or replace more than 50 percent of the existing luminaires, for each outdoor lighting application that is regulated by the Standards, must meet the lighting power allowances for newly installed equipment.
An important part of the Standards is to base the lighting power that is allowed on how bright the surrounding conditions are. The eyes adapt to darker surrounding conditions, and less light is needed to properly see; when the surrounding conditions get brighter, more light is needed to see. The least power is allowed in Lighting Zone 1 and increasingly more power is allowed in Lighting Zones 2, 3, and 4. By default, government designated parks, recreation areas and wildlife preserves are Lighting Zone 1; rural areas are Lighting Zone 2; and urban areas are Lighting Zone 3. Lighting Zone 4 is a special use district that may be adopted by a local government. The proposed Project is located in an urban area; thereby, it is in Lighting Zone 3.
3.1.4. Impact Assessment/Environmental Consequences:
a) Have a substantial adverse effect on a scenic vista? There are no designated scenic areas in the vicinity, so there will be no impacts on a designated scenic vista. Further, as there is no new development proposed since the site has an existing building constructed, there will be no impacts on scenic resources. Therefore, this GPA/RZ will not create any significant impacts on the scenic views from this area. If this GPA/RZ results in a development or redevelopment project, it will be evaluated at that time based on its own merits. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway.
This property currently developed with an existing building and paved parking area. It is unremarkable in that the site is flat with no topographic features, rock outcroppings, or large heritage type trees. Also, there is no new development proposed so there will be no impact on scenic resources. If and when a development project is proposed it will be evaluated at that time on its own merits. c) In nonurbanized 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 urban area. Since no actual development is proposed, there will be no impacts on public views. If and when a development project is proposed it will be evaluated based on its own merits for conformance with City adopted development and design standards. d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area.
The site is within the urban area where street lighting and exterior lighting is prevalent, including lighting on this property. As there is no new development proposed there will be no impact on scenic resources
17 due to lighting changes. If and when a development project is proposed, it will be evaluated based on all adopted City development standards and design guidelines.
Agricultural and Forestry Resources
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared (1997) by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.
Table 3-2: Agricultural and Forestry Resources
Would the project:
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
X
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X
c) Conflict with existing zoning for, or cause rezoning of, forestland (as defined in Public Resources Code
Section 12220(g)), timberland (as defined by Public
Resources Code Section 4526), or timberland zoned
Timberland Production (as defined by Government
Code Section 51104(g))?
X
d) Result in the loss of forest land or conversion of
forest land to non-forest use? X
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
X
3.2.1. Environmental Setting/Affected Environment
Sutter County is located within the northern portion of California’s Central Valley in the area known as the Sacramento Valley. It contains some of the richest soils in the State. These soils, combined with abundant surface and subsurface water supplies and a long, warm growing season, make Sutter County’s agricultural resources very productive. Sutter County is one of California’s leading agricultural counties, with 83 percent of the County’s total land acreage currently being used for agricultural purposes.
However, while Sutter County provides rich agricultural opportunities, the subject site is within an urban area and has been designated for urban uses for many years.
3.2.
18 3.3.2 Federal Regulatory Setting
Farmland Protection Policy Act: The Natural Resources Conservation Service (NRCS), a federal agency within the U.S. Department of Agriculture (USDA), is the agency primarily responsible for implementation of the Farmland Protection Policy Act (FPPA). The FPPA was enacted after the 1981 Congressional report, Compact Cities: Energy-Saving Strategies for the Eighties indicated that a great deal of urban sprawl was the result of programs funded by the federal government. The purpose of the FPPA is to minimize federal programs’ contribution to the conversion of farmland to non-agricultural uses by ensuring that federal programs are administered in a manner that is compatible with state, local, and private programs designed to protect farmland. Federal agencies are required to develop and review their policies and procures to implement the FPPA every two years (USDA-NRCS, 2011). 2014 Farm Bill: The Agricultural Act of 2014 (the Act), also known as the 2014 Farm Bill, was signed by President Obama on Feb. 7, 2014. The Act repeals certain programs, continues some programs with modifications, and authorizes several new programs administered by the Farm Service Agency (FSA).
Most of these programs are authorized and funded through 2018.
The Farm Bill builds on historic economic gains in rural America over the past five years, while achieving meaningful reform and billions of dollars in savings for the taxpayer. It allows USDA to continue record accomplishments on behalf of the American people, while providing new opportunity and creating jobs across rural America. Additionally, it enables the USDA to further expand markets for agricultural products at home and abroad, strengthen conservation efforts, create new opportunities for local and regional food systems and grow the bio-based economy. It provides a dependable safety net for America's farmers, ranchers and growers and maintains important agricultural research, and ensure access to safe and nutritious food for all Americans.
Forestry Resources: Federal regulations regarding forestry resources are not relevant to the proposed Project because no forestry resources exist on the project site or in the vicinity.
3.2.3 State Regulatory Setting
California Environmental Quality Act (CEQA) Definition of Agricultural Lands: Public Resources Code Section 21060.1 defines “agricultural land” for the purposes of assessing environmental impacts using the Farmland Mapping & Monitoring Program (FMMP). The FMMP was established in 1982 to assess the location, quality, and quantity of agricultural lands and the conversion of these lands. The FMMP provides analysis of agricultural land use and land use changes throughout California.
California Department of Conservation, Division of Land Resource Protection: The California Department of Conservation (DOC) applies the NRCS soil classifications to identify agricultural lands, and these agricultural designations are used in planning for the present and future of California’s agricultural land resources. Pursuant to the DOC’s FMMP, these designated agricultural lands are included in the Important Farmland Maps (IFM) used in planning for the present and future of California’s agricultural land resources. The FMMP was established in 1982 to assess the location, quality, and quantity of agricultural lands and the conversion of these lands. The FMMP provides analysis of agricultural land use and land use changes throughout California. The DOC has a minimum mapping unit of 10 acres, with parcels that are smaller than 10 acres being absorbed into the surrounding classifications.
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.
19 Prime Farmland. Farmland that has the best combination of physical and chemical features able to sustain long‐term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date. Farmland of Statewide Importance. Farmland similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture. Land must have been used for irrigated agricultural production at some time during the four years prior to the mapping date.
Unique Farmland. Farmland of lesser quality soils used for the production of the State’s leading agricultural crops. This land is usually irrigated but may include non-irrigated orchards or vineyards as found in some climatic zones in California. Land must have been cropped at some time during the four years prior to the mapping date.
Farmland of Local Importance. Land of importance to the local agricultural economy as determined by each county’s board of supervisors and a local advisory committee. Grazing Land. Land on which the existing vegetation is suited to the grazing of livestock. This category was developed in cooperation with the California Cattlemen’s Association, University of California Cooperative Extension, and other groups interested in the extent of grazing activities.
The minimum mapping unit for Grazing Land is 40 acres.
Urban and Built-up Land. Land occupied by structures with a building density of at least 1 unit to
1.5 acres, or approximately 6 structures to a 10‐acre parcel. This land is used for residential, industrial, commercial, institutional, public administrative purposes, railroad and other transportation yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, water control structures, and other developed purposes. Other Land. Land not included in any other mapping category. Common examples include low density rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing; confined livestock, poultry, or aquaculture facilities; strip mines and borrow pits; and water bodies smaller than 40 acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land.
California Land Conservation Act (Williamson Act): The California Land Conservation Act of 1965, commonly referred to as the Williamson Act, is promulgated in California Government Code Section 51200‐51297.4, and therefore is applicable only to specific land parcels within the State of California. The Williamson Act enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space uses in return for reduced property tax assessments. Private land within locally designated agricultural preserve areas is eligible for enrollment under Williamson Act contracts. However, an agricultural preserve must consist of no less than 100 acres. In order to meet this requirement two or more parcels may be combined if they are contiguous, or if they are in common ownership.
The Williamson Act program is administered by the Department of Conservation (DOC), in conjunction with local governments, which administer the individual contract arrangements with landowners. The landowner commits the parcel to a 10‐year period, or a 20-year period for property restricted by a Farmland Security Zone Contract, wherein no conversion out of agricultural use is permitted. Each year 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
20 landowner, provided that the proposed immediate cancellation application is consistent with the cancellation criteria stated in the California Land Conservation Act and those adopted by the affected county or city. Non‐renewal or immediate cancellation does not change the zoning of the property.
Participation in the Williamson Act program is dependent on county adoption and implementation of the program and is voluntary for landowners.
Farmland Security Zone Act: The Farmland Security Zone Act is similar to the Williamson Act and was passed by the California State Legislature in 1999 to ensure that long-term farmland preservation is part of public policy. Farmland Security Zone Act contracts are sometimes referred to as “Super Williamson Act Contracts.” Under the provisions of this act, a landowner already under a Williamson Act contract can apply for Farmland Security Zone status by entering into a contract with the county. Farmland Security Zone classification automatically renews each year for an additional 20 years. In return for a further 35% reduction in the taxable value of land and growing improvements (in addition to Williamson Act tax benefits), the owner of the property promises not to develop the property into nonagricultural uses.
Forestry Resources: State regulations regarding forestry resources are not relevant to the proposed Project because no forestry resources exist on the project site or in the vicinity.
3.2.4 Impact Assessment/Environmental Consequences:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
The approximately 0.43-acre 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 such the Project site is not considered to consist of Prime Farmland, Farmland of Statewide Importance or Unique Farmland. The developed, urban sized property, is within the boundaries of the Yuba City urban area, surrounded by urban uses. All of these factors make it unviable for agricultural use. Therefore, there will be no loss of agricultural land.
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? The proposed Project site is currently zoned for urban type uses and is not under a Williamson Act contract. There will be no impact related to a Williamson Act contract. See discussion above under item
3.2.4.a.
c) Conflict with existing zoning for, or cause rezoning of, forestland (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4256), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? The proposed Project is located in the Sacramento Valley in a relatively flat area that may have at one time been utilized for agriculture but was subdivided into urban sized parcels and developed for urban uses many years ago. 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?
21 There is no forested land on the Project site or within the vicinity of the Project. Therefore, there will be no impact on forest land.
e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? The proposed Project is within an area already served by City services and developed with light industrial type uses. There are no forestlands on the Project site or in the vicinity. No properties within the area are under a Williamson Act contract. Therefore, there will be no impacts on agricultural lands or timberlands from this proposal.
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
3.3.
22 sometimes foggy weather. Throughout the year, daily temperatures may range from summer highs often exceeding 100 degrees Fahrenheit and winter lows occasionally below freezing. Average annual rainfall is about 20 inches with snowfall being very rare. The prevailing winds are moderate in strength and vary from moist clean breezes from the south to dry land flows from the north.
In addition to prevailing wind patterns that control the rate of dispersion of local pollutant emissions, the region experiences two types of inversions that affect the vertical depth of the atmosphere through which pollutants can be mixed. In the warmer months in the SVAB (May through October), sinking air forms a "lid" over the region. These subsidence inversions contribute to summer photochemical smog problems by confining pollution to a shallow layer near the ground. These warmer months are characterized by stagnant morning air or light winds with the delta sea breeze arriving in the afternoon out of the southwest. Usually, the evening breeze transports the airborne pollutants to the north and out of the SVAB. During about half of the day from July to September, however, a phenomenon called the “Schultz Eddy” prevents this from occurring. Instead of allowing the prevailing wind patterns to move north carrying the pollutants out of the valley, the Schultz Eddy causes the wind pattern to circle back south.
This phenomenon exacerbates the pollution levels in the area and increases the likelihood of violating federal or State standards. The Schultz Eddy normally dissipates around noon when the Delta sea breeze begins. In the second type of inversion, the mountains surrounding the SVAB create a barrier to airflow, which can trap air pollutants in the valley. The highest frequency of air stagnation occurs in the autumn and early winter when large high-pressure cells lie over the valley. The air near the ground cools by radiative processes, while the air aloft remains warm. The lack of surface wind during these periods and the reduced vertical flow caused by less surface heating reduces the influx of outside air and allows air pollutants to become concentrated in a stable volume of air. These inversions typically occur during winter nights and can cause localized air pollution "hot spots" near emission sources because of poor dispersion. The surface concentrations of pollutants are highest when these conditions are combined with smoke from agricultural burning or when temperature inversions trap cool air and pollutants near the ground. Although these subsidence and radiative inversions are present throughout much of the year, they are much less dominant during spring and fall, and the air quality during these seasons is generally good.”
Local Climate: The climate of Sutter County is subject to hot dry summers and mild rainy winters, which characterize the Mediterranean climate of the SVAB. Summer temperatures average approximately 90 degrees Fahrenheit during the day and 50 degrees Fahrenheit at night. Winter daytime temperatures average in the low 50s and nighttime temperatures are mainly in the upper 30s. During summer, prevailing 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
23 experiencing health impacts with a margin of safety. Applicable ambient air quality standards are identified later in this section. The air pollutants for which federal and State standards have been promulgated and which are most relevant to air quality planning and regulation in the air basins include ozone, carbon monoxide, nitrogen oxides, suspended particulate matter, sulfur dioxide, and lead. In addition, toxic air contaminants are of concern in Sutter County. Each of these pollutants is briefly described below.
Ozone (O3): is a gas that is formed when reactive organic gases (ROGs) and nitrogen oxides (NOX), both byproducts of internal combustion engine exhaust and other processes undergo slow photochemical reactions in the presence of sunlight. Ozone concentrations are generally highest during the summer months when direct sunlight, light wind, and warm temperature conditions are favorable to the formation of this pollutant.
Carbon Monoxide (CO): is a colorless, odorless gas produced by the incomplete combustion of fuels. CO concentrations tend to be the highest during the winter morning, with little to no wind, when surfacebased inversions trap the pollutant at ground levels. Because CO is emitted directly from internal combustion engines, unlike ozone, motor vehicles operating at slow speeds are the primary source of CO in the SVAB. The highest ambient CO concentrations are generally found near congested transportation corridors and intersections.
Nitrogen Oxides (NOX): is the generic term for a group of highly reactive gases, all of which contain nitrogen and oxygen in varying amounts. Many of the nitrogen oxides are colorless and odorless.
However, one common pollutant, nitrogen dioxide (NO2) along with particles in the air can often be seen as a reddish-brown layer over many urban areas. Nitrogen oxides form when fuel is burned at high temperatures, as in a combustion process. The primary manmade sources of NOX are motor vehicles, electric utilities, and other industrial, commercial, and residential sources that burn fuels.
Nitrogen oxides can also be formed naturally.
Respirable Particulate Matter (PM10) and Fine Particulate Matter (PM2.5): consist of extremely small, suspended particles or droplets 10 microns and 2.5 microns or smaller in diameter. Some sources of suspended particulate matter, like pollen and windstorms, occur naturally. However, in populated areas, most fine suspended particulate matter is caused by road dust, diesel soot, and combustion products, abrasion of tires and brakes, and construction activities.
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
24 incremental cancer risk to the general population (above background risk levels) equal to or greater than 10 people out of 1 million to be excessive. For stationary sources, if the incremental risk of exposure to project-related TAC emissions meets or exceeds the threshold of 10 excess cancer cases per 1 million people, the CARB and local air district require the installation of best available control technology (BACT) or maximum available control technology (MACT) to reduce the risk threshold. To assess risk from ambient air concentrations, the CARB has conducted studies to determine the total cancer inhalation risk to individuals due to outdoor toxic pollutant levels. The CARB has conducted studies to determine the total cancer inhalation risk to individuals due to outdoor toxic pollutant levels. According to the map prepared by the CARB showing the estimated inhalation cancer risk for TACs in the State of California, Sutter County has an existing estimated risk that is between 50 and 500 cancer cases per 1 million people.
A significant portion of Sutter County is within the 100 to 250 cancer cases per 1 million people range.
There is a higher risk around Yuba City where the cancer risk is as high as 500 cases per 1 million people.
There are only very small portions of the County where the cancer risk is between 50 and 100 cases. This represents the lifetime risk that between 50 and 500 people in 1 million may contract cancer from inhalation of toxic compounds at current ambient concentrations under an MEI scenario.
3.3.2. Federal Regulatory Setting
Clean Air Act: The federal Clean Air Act of 1970 (as amended in 1990) required the U.S. Environmental Protection Agency (EPA) to develop standards for pollutants considered harmful to public health or the environment. Two types of National Ambient Air Quality Standards (NAAQS) were established. Primary standards protect public health, while secondary standards protect public welfare, by including protection against decreased visibility, and damage to animals, crops, landscaping and vegetation, or buildings.
NAAQS have been established for six “criteria” pollutants: carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), ozone (O3), particulate matter (PM10 and PM2.5), and lead (Pb).
3.3.3. State Regulatory Setting
California Air Resources Board: The California Air Resources Board (CARB) is the state agency responsible for implementing the federal and state Clean Air Acts. CARB has established California Ambient Air Quality Standards (CAAQS), which include all criteria pollutants established by the NAAQS, but with additional 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.
25 CARB Portable Equipment Registration Program: This program was designed to allow owners and operators of portable engines and other common construction or farming equipment to register their equipment under a statewide program so they may operate it statewide without the need to obtain a permit from the local air district.
U.S. EPA/CARB Off-Road Mobile Sources Emission Reduction Program: The California Clean Air Act (CCAA) requires CARB to achieve a maximum degree of emissions reductions from off-road mobile sources to attain State Ambient Air Quality Standards (SAAQS); off- road mobile sources include most construction equipment. Tier 1 standards for large compression-ignition engines used in off-road mobile sources went into effect in California in 1996. These standards, along with ongoing rulemaking, address emissions of nitrogen oxides (NOX) and toxic particulate matter from diesel engines. CARB is currently developing a control measure to reduce diesel PM and NOX emissions from existing off-road diesel equipment throughout the state.
California Global Warming Solutions Act: Established in 2006, Assembly Bill 32 (AB 32) requires that California’s GHG emissions be reduced to 1990 levels by the year 2020. This will be implemented through a statewide cap on GHG emissions, which will be phased in beginning in 2012. AB 32 requires CARB to develop regulations and a mandatory reporting system to monitor global warming emissions level.
3.3.4. Regional Regulatory Setting
Feather River Air Quality Management District (FRAQMD): The FRAQMD is a bi-county district formed in 1991 to administer local, state, and federal air quality management programs for Yuba and Sutter Counties within the Sacramento Valley Air Basin. The goal of the FRAQMD is to improve air quality in the region through monitoring, evaluation, education and implementing control measures to reduce emissions from stationary sources, permitting and inspection of pollution sources, enforcement of air quality regulations and by supporting and implementing measures to reduce emissions from motor vehicles.
The FRAQMD adopted its Indirect Source Review guidelines document for assessment and mitigation of air quality impacts under CEQA in 1998. The guide contains criteria and thresholds for determining whether a project may have a significant adverse impact on air quality, and methods available to mitigate impacts on air quality. FRAQMD updated its Indirect Source Review Guidelines to reflect the most recent 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
26 implemented through the California Health and Safety Code. Districts in the NSVPA are required to update the Plan every three years. The TAQAP is formatted to reflect the 1990 baseline emissions year with a planning horizon of 2020. The Health and Safety Code, sections 40910 and 40913, require the Districts to achieve state standards by the earliest practicable date to protect the public health, particularly that of children, the elderly, and people with respiratory illness.
Health and Safety Code Section 41503(b): Requires that control measures for the same emission sources are uniform throughout the planning area to the extent that is feasible. To meet this requirement, the NSVPA has coordinated the development of an Attainment Plan and has set up a specific rule adoption protocol. The protocol was established by the Technical Advisory Committee of the Sacramento Valley Basin-wide Air Pollution Control Council and the Sacramento Valley Air Quality Engineering and Enforcement Professionals, which allow the Districts in the Basin to act and work as a united group with the CARB as well as with industry in the rule adoption process. Section 40912 of the Health and Safety Code states that each District responsible for, or affected by, air pollutant transport shall provide for attainment and maintenance of the state and federal standards in both upwind and downwind Districts.
This section also states that each downwind District’s Plan shall contain sufficient measures to reduce emissions originating in each District to below levels which violate state ambient air quality standards, assuming the absence of transport contribution
Construction Generated Emissions of Criteria Air Pollutants: The District recommends the following best management practices:
Implement the Fugitive Dust Control Plan.
Construction equipment exhaust emissions shall not exceed FRAQMD Regulation III, Rule 3.0, Visible Emissions limitations (40 percent opacity or Ringelmann 2.0). The contractor shall be responsible to ensure that all construction equipment is properly tuned and maintained prior to and for the duration of onsite operation. Limiting idling time to 5 minutes – saves fuel and reduces emissions. Utilize existing power sources or clean fuel generators rather than temporary power generators. 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?
27 There is no new development proposed so there are no direct air quality impacts from this GPA/RZ as there is an existing building already existing.
As there is a light industrial type building and a paved parking lot, this GPA/RZ could trigger the redevelopment of this property. However, it is unlikely that the property is large enough for which a redevelopment project converting the use from light industrial to commercial use for which its operations would exceed the FRAQMD established criteria for “thresholds of significance.” If the property is redeveloped as a result of this action, it is unlikely that the air quality impacts would be considered significant. However, any future proposal will be evaluated on its own merits at that time. 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)? As there is no new development proposed, there will be no air quality impacts.
If, as a result of this action, a redevelopment of the property is proposed, there will likely be site and building modifications which would likely result in limited generation of criteria pollutants during its construction and on an ongoing basis from additional vehicle traffic (commercial uses typically generate higher levels of traffic than industrial uses). But due to the small size of the property, any resulting ongoing operations would not be expected to exceed the FRAQMD established criteria for “thresholds of significance.” However, if and when property modifications are proposed and operation impacts are evaluated, FRAQMD mitigation measures will be determined. 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.
As there are no sensitive receptors within 1,000 feet of the Project, the potential impacts on sensitive receptors from this proposal and any redevelopment that may result from this action would be less than significant.
d) Result in other emissions such as those leading to odors adversely affecting a substantial number of people?
As there is no new development proposed, there will be no air quality impacts.
Any site grading and construction that would modify the site or building that could result from this action would typically not generate objectionable odors. However, any future proposal will be evaluated on its own merits at that time.
28 Biological Resources
Table 3.4: Biological Resources
Would the project:
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
X
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
X
c) Have a substantial adverse effect on states or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or
other means?
X
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
X
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
X
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
X
3.4.1. Environmental Setting/Affected Environment
The approximately 0.43 acre site is already fully developed and within the Yuba City urbanized area. The small property is surrounded by other urban development. There are no riparian areas or known critical habitat areas on-site or in the vicinity.
3.4.2. Federal & State Regulatory Setting
Threatened and Endangered Species: State and federal “endangered species” legislation has provided California Department of Fish & Wildlife (CDFW) and United States Fish and Wildlife Service (USFWS) with a mechanism for conserving and protecting plant and animal species of limited distribution and/or low or declining populations. Species listed as threatened or endangered under provisions of the state and federal endangered species acts, candidate species for such listing, state species of special concern, and some plants listed as endangered by the California Native Plant Society are collectively referred to as
3.4.
29 “species of special status.” Permits may be required from both the CDFW and USFWS if activities associated with a proposed project will result in the “take” of a listed species. “Take” is defined by the state of California as “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture or kill” (California Fish and Game Code, Section 86). “Take” is more broadly defined by the federal Endangered Species Act to include “harm” (16 USC, Section 1532(19), 50 CFR, Section 17.3). Furthermore, the CDFW and the USFWS are responding agencies under CEQA. Both agencies review CEQA documents in order to determine the adequacy of their treatment of endangered species issues and to make projectspecific recommendations for their conservation.
Migratory Birds: State and federal laws also protect most birds. The Federal Migratory Bird Treaty Act (16U.S.C., scc. 703, Supp. I, 1989) prohibits killing, possessing, or trading in migratory birds, except in accordance with regulations prescribed by the Secretary of the Interior. This act encompasses whole birds, parts of birds, and bird nests and eggs.
Birds of Prey: Birds of prey are also protected in California under provisions of the California Fish and Game Code, Section 3503.5, which states that it is “unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.” Construction disturbance during the breeding season could result in the incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment. Disturbance that causes nest abandonment and/or loss of reproductive effort is considered “taking” by the CDFW.
Wetlands and Other Jurisdictional Waters: Natural drainage channels and adjacent wetlands may be considered “Waters of the United States” subject to the jurisdiction of the USACE. The extent of jurisdiction has been defined in the Code of Federal Regulations but has also been subject to interpretation of the federal courts.
Waters of the U.S. generally include:
All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters, which are subject to the ebb and flow of the tide.
All interstate waters including interstate wetlands.
All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which could affect interstate or foreign commerce. All impoundments of waters otherwise defined as waters of the United States under the definition.
Tributaries of waters identified in the bulleted items above.
As determined by the United States Supreme Court in its 2001 Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) decision, channels and wetlands isolated from other jurisdictional waters cannot be considered jurisdictional on the basis of their use, hypothetical or observed, by migratory birds. Similarly, in its 2006 consolidated Carabell/Rapanos decision, the U.S.
Supreme Court ruled that a significant nexus between a wetland and other navigable waters must exist for the wetland itself to be considered a navigable, and therefore, jurisdictional water.
The USACE regulates the filling or grading of Waters of the U.S. under the authority of Section 404 of the Clean Water Act. The extent of jurisdiction within drainage channels is defined by “ordinary high-water marks” on opposing channel banks. All activities that involve the discharge of dredge or fill material into
30 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.
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?
The site is fully developed with a light industrial building, an outdoor storage area, and parking. There have been no special status species identified on the Project site or within the immediate vicinity.
According to the Yuba City General Plan EIR, the only designated special status vegetation species within Yuba City and its Sphere of Influence is the Golden Sunburst, a flowering plant that occurs primarily in the
31 non-native grasslands and is threatened mostly by the conversion of habitat to urban uses. The habitat area for this species occurs at the extreme eastern boundary of the Planning Area at the confluence of the Feather and Yuba Rivers. As this property does not fall within this area, the impacts to special status species from any development that may result from this Project will be less than significant. c) Have a substantial adverse effect on states or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No wetlands or federal jurisdictional waters of the U.S. are present within the proposed Project area or general vicinity. There would be no impact on any wetland areas or waterways. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Redevelopment of the property that could occur because of the proposed Project would not disturb any waterways, as the nearest waterway is the Feather River that is east of this site. Therefore, migratory fish would not be affected. Nor are there any significant 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 habitats will be less than significant. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Because the property is fully developed, no trees or other known biological resources that would be protected by local policies or ordinances remain on the proposed Project site. Therefore, there would be no significant impacts on biological resources caused by development that could result from this Project. 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.
32 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
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
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]).
3.5.
33 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).
Senate Bill 18 requires city and county governments to consult with California Native American tribes early in the planning process with the intent of protecting traditional tribal cultural places. The purpose of involving the tribes at the early stage of planning efforts is to allow consideration of tribal cultural places in context of broad local land use policy before project-level land use decisions are made by a local government. As such, SB 18 applies to the adoption or substantial amendment of general or specific plans.
As the later adopted AB 52 provides for a similar review process for all discretionary reviews including general plan amendments and specific plan amendments, the provisions of SB 18 fall within the SB 52 review process for purposes of this document.
34 In response to AB 52, and SB 18 the City supplied the following Native American tribes with a Project description and map of the proposed Project area and a request for comments:
United Auburn Indian Community of the Auburn Rancheria Yocha Dehe Wintun Nation
Estom Yomeka Maidu Tribe of the Enterprise Rancheria
Mechoopda Indian Tribe
Pakan’yani Maidu of Strawberry Valley
Mooretown Rancheria of Maidu Indians
Ione Band of Miwok Indians
Additional details 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 is a building on the property that islikely less than 50 years old. A commercial development project that could result from this action would likely cause the building to be removed or modified. As the building is likely less than 50 years old and is not inventoried in the General Plan as having historical significance, the potential impacts on any historical resources, directly or indirectly, are likely less than significant. However, if a proposal to modify or demolish the building is proposed as a result of this GPA/RZ, the review will be based on the proposal’s merits at that time. b) Cause a substantial adverse change in the significance of an archeological resource pursuant to § 15064.5.
See c) below.
c) Disturb any human remains, including those interred outside of formal cemeteries? The 0.43-acre property is fully developed. No formal cemeteries or other places of human internment are known to exist on the site. However, there still remains the potential for previously unknown sub-surface resources to be present. In order to avoid potential impacts to unknown remains, mitigation measures provided in Section 3.18 are provided to ensure impacts are less than significant.
35 3.6. Energy
Table 3-6: Energy
Would the project:
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Result in potentially significant environmental
impacts due to wasteful, inefficient, or unnecessary
consumption of energy resources during project
construction or operation?
X
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency? X
3.6.1 State Regulatory Setting
California has implemented numerous energy efficiency and conservation programs that have resulted in substantial energy savings. The State has adopted comprehensive energy efficiency standards as part of its Building Standards Code, California Codes of Regulations, Title 24. In 2009, the California Building Standards Commission adopted a voluntary Green Building Standards Code, also known as CALGreen, which became mandatory in 2011. Both Title 24 and CALGreen are implemented by the City of Yuba City in conjunction with its processing of building permits.
CALGreen sets forth mandatory measures, applicable to new residential and nonresidential structures as well as additions and alterations, on water efficiency and conservation, building material conservation, interior environmental quality, and energy efficiency. California has adopted a Renewables Portfolio Standard, which requires electricity retailers in the state to generate 33% of electricity they sell from renewable energy sources (i.e., solar, wind, geothermal, hydroelectric from small generators, etc.) by the end of 2020. In 2018, SB 100 was signed into law, which increases the electricity generation requirement from renewable sources to 60% by 2030 and requires all the state's electricity to come from carbon-free resources by 2045.
3.6.2. Impact Assessment/Environmental Consequences
a) Result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation? Redevelopment of this site or building that could result from this GPA/RZ would involve fuel consumption and use of other non-renewable resources. Construction equipment used for such improvements typically run on diesel fuel or gasoline. The same fuels typically are used for vehicles that transport equipment and workers to and from a construction site. However, construction-related fuel consumption would be finite, short-term, and consistent with construction activities of a similar character. This energy use would not be considered wasteful, inefficient, or unnecessary.
Electricity may be used for equipment operation during construction activities. It is expected that more electrical construction equipment would be used in the future, as it would generate fewer air pollutant
36 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.
New construction 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 would reduce energy consumption associated with Project operations, although reductions from compliance cannot be readily quantified. Overall, Project construction would typically not consume energy resources in a manner considered wasteful, inefficient, or unnecessary.
Project impacts related to energy consumption are considered to be less than significant. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? New construction that could result from this GPA/RZ will be required to be consistent with all applicable state and local plans to increase energy efficiency. Thus, the Project’s impacts on energy usage will be less than significant.
37 3.7. Geology and Soils
Table 3.7: Geology and Soils
Would the project:
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Directly or indirectly create potential substantial
adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area, or based on other
substantial evidence of a known fault? Refer
to Division of Mines and Geology Special
Publication 42.
X
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, including
liquefaction? X
iv) Landslides? X
b) Result in substantial soil erosion or the loss of
topsoil? X
c) Be located on a geological unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in onor off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
X
d) Be located on expansive soil, as defined in the
California Building Code creating substantial direct
or indirect risks to life or property?
X
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater?
X
f) Directly or indirectly destroy a unique
paleontological resources or site or unique
geologic feature?
X
3.7.1 Environmental Setting/Affected Environment
Topography and Geology: According to the Sutter County General Plan, Sutter County is located in the flat surface of the Great Valley geomorphic province of California. The Great Valley is an alluvial plain approximately 50 miles wide and 400 miles long in the central portion of California. The Great Valley’s northern portion is the Sacramento Valley, drained by the Sacramento River, and its southern portion is the San Joaquin Valley, drained by the San Joaquin River. The geology of the Great Valley is typified by thick sequences of alluvial sediments derived primarily from erosion of the mountains of the Sierra Nevada to the east, and to a lesser extent, erosion of the Klamath Mountains and Cascade Range to the
38 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,
39 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 of the total land area. The Capay and
40 Clear Lake soils are generally present in the western and southern parts of the county. The Conejo soils occur in the eastern part closer to the incorporated areas of the county. Oswald and Olashes soils are located in the central portion of the county extending north to south, with scattered areas along the southeastern edge of the county. Soil descriptions for the principal soil units in the county are provided below. These descriptions, which were developed by the NRCS, are for native, undisturbed soils and are primarily associated with agricultural suitability. Soil characteristics may vary considerably from the mapped locations and descriptions due to development and other uses. Geotechnical studies are required to identify actual engineering properties of soils at specific locations to determine whether there are specific soil characteristics that could affect foundations, drainage, infrastructure, or other structural features.
3.7.2 Federal Regulatory Setting
Historic Sites Act of 1935: This Act became law on August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467) and has been amended eight times. This Act establishes as a national policy to preserve for public use historic sites, buildings, and objects, including geologic formations.
National Earthquake Hazards Reduction Program: The National Earthquake Hazards Reduction Program (NEHRP), which was first authorized by Congress in 1977, coordinates the earthquake-related activities of the Federal Government. The goal of NEHRP is to mitigate earthquake losses in the United States through basic and directed research and implementation activities in the fields of earthquake science and engineering. Under NEHRP, FEMA is responsible for developing effective earthquake risk reduction tools and promoting their implementation, as well as supporting the development of disaster-resistant building codes and standards. FEMA's NEHRP activities are led by the FEMA Headquarters (HQ), Federal Insurance and Mitigation Administration, Risk Reduction Division, Building Science Branch, in strong partnership with other FEMA HQ Directorates, and in coordination with the FEMA Regions, the States, the earthquake consortia, and other public and private partners.
3.7.3 State Regulatory Setting
California Alquist-Priolo Earthquake Fault Zoning Act: The Alquist-Priolo Earthquake Fault Zoning Act (originally enacted in 1972 and renamed in 1994) is intended to reduce the risk to life and property from surface fault rupture during earthquakes. The statute prohibits the location of most types of structures intended for human occupancy across the traces of active faults and regulates construction in the corridors along active faults.
California Seismic Hazards Mapping Act: The Seismic Hazards Mapping Act is intended to reduce damage resulting from earthquakes. While the Alquist-Priolo Earthquake Fault Zoning Act addresses surface fault rupture, the Seismic Hazards Mapping Act addresses other earthquake-related hazards, including ground shaking, liquefaction, and seismically induced landslides. The state is charged with identifying and mapping areas at risk of strong ground shaking, liquefaction, landslides, and other hazards, and cities and counties are required to regulate development within mapped Seismic Hazard Zones.
Uniform Building Code: The California Code of Regulations (CCR) Title 24 is assigned to the California Building Standards Commission, which, by law, is responsible for coordinating all building standards. The California Building Code incorporates by reference the Uniform Building Code with necessary California amendments. The Uniform Building Code is a widely adopted model building code in the United States published by the International Conference of Building Officials. About one-third of the text within the California Building Code has been tailored for California earthquake conditions.
41 Paleontological Resources: Paleontological resources are the fossilized remains of plants and animals and associated deposits. The Society of Vertebrate Paleontology has identified vertebrate fossils, their taphonomic and associated environmental indicators, and fossiliferous deposits as significant nonrenewable paleontological resources. Botanical and invertebrate fossils and assemblages may also be considered significant resources. CEQA requires that a determination be made as to whether a project would directly or indirectly destroy a unique paleontological resource or site or unique geological feature (CEQA Appendix G(v)(c)). If an impact is significant, CEQA requires feasible measures to minimize the impact (CCR Title 14(3) Section 15126.4 (a)(1)). California Public Resources Code Section 5097.5 (see above) also applies to paleontological resources.
3.7.4 Impact Assessment/Environmental Consequences:
a. Directly or indirectly create potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area, or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
According to the Yuba City General Plan, no active earthquake faults are known to exist in Sutter County, although active faults in the region could produce ground motion in Yuba City (Dyett & Bhatia, 2004). The closest known fault zone is the Bear Mountain Fault Zone, located approximately 20 miles northeast of Yuba City (California Geological Survey [CGS], 2015). Potentially active faults do exist in the Sutter Buttes, but those faults are considered small and have not exhibited activity in recent history. Because the distance from the City to the closest known active fault zone is large, the potential for exposure of people or structures to substantial adverse effects from fault rupture is low. Considering that the Building Code incorporates construction standards for minimizing earthquake damage to buildings, and the low potential for a significant earthquake activity in the vicinity, the potential for adverse impacts from an earthquake is less than significant.
ii. Strong seismic ground shaking?
In the event of a major regional earthquake, fault rupture or seismic ground shaking could potentially injure people and cause collapse or structural damage to existing and proposed structures. Ground shaking could potentially expose people and property to seismic-related hazards, including localized liquefaction and ground failure. However, all new structures are required to adhere to current California Building Code standards. These standards require adequate design, construction, and maintenance of structures to prevent exposure of people and structures to major geologic hazards. General Plan Implementing Policies 9.2-I-1 through 9.2-I-8 and the building codes reduce the potential impacts to less than significant.
iii. Seismic-related ground failure, including liquefaction? The proposed Project is not located within a liquefaction zone according to the California Department of Conservation’s California Geologic Survey regulatory maps. Regardless, all new structures are required to adhere to current California Building Code standards. These standards require adequate design, construction, and maintenance of structures to prevent exposure of people and structures to major geologic hazards. Therefore, the potential impact from ground failure is less than significant.
42 iv. Landslides?
According to the Environmental Impact Report prepared for the General Plan, due to the flat topography, erosion, landslides, and mudflows are not considered to be a risk in the City limits or within the City’s Sphere of Influence.
b) Result in substantial soil erosion or the loss of topsoil? As a result of this GPA/RZ, future redevelopment of the property could result in up to approximately 0.43 acres of ground 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/Gilsizer drainage system. However, as part of any grading and construction within the Project area, the applicant will be required to follow Best Management Practices (BMP’s) and provide erosion control measures to minimize soil runoff during the construction process. Therefore, impacts from soil erosion will be less than significant. c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
d) Be located on expansive soil, as defined in the California Building Code creating substantial direct or indirect risks to life or property?
The extreme southwest corner of the Yuba City Sphere of Influence is the only known area with expansive soils. The Project area is not located within that area and therefore will not be impacted by the presence of expansive soils.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The property is connected to the City’s wastewater collection and treatment system. No new septic systems will be utilized. As such, there will be no new impacts from septic systems. f) Directly or indirectly destroy a unique paleontological resources or site or unique geologic feature? Due to prior ground disturbances, it is unlikely that any paleontological resources exist on the site.
However, the following mitigation measure shall apply if any paleontological resources are discovered from a development that could result from his GPA/RZ:
3.7.5 Paleontological Mitigation Measures
Paleontological Mitigation Measure 1: Mitigation Measure #1 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 in the vicinity that potential paleontological resource was found, as determined by the paleontologist;
43 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 a 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, 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.
With application of this mitigation measure any impacts on paleontological resources will be less than significant.
3.8. Greenhouse Gas Emissions
Table 3.8: Greenhouse Gas Emissions
Would the project:
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on
the environment?
X
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing the
emissions of greenhouse gases?
X
3.8.1 Federal Regulatory Setting
The United States Environmental Protection Agency (USEPA) Mandatory Reporting Rule (40 CFR Part 98), which became effective December 29, 2009, requires that all facilities that emit more than 25,000 metric tons CO2-equivalent per year beginning in 2010, report their emissions on an annual basis. On May 13, 2010, the USEPA issued a final rule that established an approach to addressing GHG emissions from stationary sources under the Clean Air Act (CAA) permitting programs. The final rule set thresholds for GHG emissions that define when permits under the New Source Review Prevention of Significant Deterioration and title V Operating Permit programs are required for new and existing industrial facilities.
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 proposed regulations based on this finding.
44 3.8.2 State & Local Regulatory Setting
The City’s Resource Efficiency Plan as designed under the premise that the City, and the community it represents, is uniquely capable of addressing emissions associated with sources under the City’s jurisdiction and that the City’s emission reduction efforts should coordinate with the state strategies of reducing emissions in order to accomplish these reductions in an efficient and cost-effective manner. The City developed this document with the following purposes in mind:
Local Control: The Yuba City Efficiency Plan allows the City to identify strategies to reduce resource consumption, costs, and GHG emissions in all economic sectors in a way that maintains local control over the issues and fits the character of the community. It also may position the City for funding to implement programs tied to climate goals. Energy and Resource Efficiency: The Efficiency Plan identifies opportunities for the City to increase energy efficiency and lower GHG emissions in a manner that is most feasible within the community. Reducing energy consumption through increasing the efficiency of energy technologies, reducing energy use, and using renewable sources of energy are effective ways to reduce GHG emissions. Energy efficiency also provides opportunities for cost‐savings. Improved Public Health: Many of the GHG reduction strategies identified in the Efficiency Plan also have local public health benefits. Benefits include local air quality improvements; creating a more active community through implementing resource‐efficient living practices; and reducing health risks, such as heat stroke, that would be otherwise elevated by climate change impacts such as increased extreme heat days.
Demonstrating Consistency with State GHG Reduction Goals—A GHG reduction plan may be used as GHG mitigation in a General Plan to demonstrate that the City is aligned with State goals for reducing GHG emissions to a level considered less than cumulatively considerable.
3.8.3 Impact Assessment/Environmental Consequences:
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
See b) below.
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Gases that trap heat in the atmosphere are referred to as greenhouse gases (GHGs) because they capture heat radiated from the sun as it is reflected back into the atmosphere, similar to a greenhouse. The accumulation of GHGs has been implicated as a driving force for Global Climate Change. Definitions of 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