ARIN Incorporated Dec. A)  REGULAR MEETING  ARVIN PLANNING COMMISSION  TUESDAY DECEMBER 17, 2024 6:00p.m. CITY HALL COUNCIL CHAMBERS 200 CAMPUS DRIVE, ARVIN  CALLTOORDER  PLEDGE OF ALLEGIANCE  PLANNING COMMISSIONERS: Joshlyn Horton  Chairperson Vice Chairperson Planning Commissioner Planning Commissioner Planning Commissioner Executive Director City Planner Consultant City Attorney Hodges Law Group Secretary  Anaiza Prado Fatima Gonzalez Rubi Carmona Manuel Leon  STAFF: Jeff. Jones  Jake Raper Nathan Hodges Cecilia Vela    o  - o  E P a 3  -  E    PUBLIC COMMENTS:  The meetings ofthe City Council and all municipal entities, commissions, and boards ("the City") are open toi the public. At regularly scheduled meetings, members of the public may address the City on any item listed on the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings, members of the public may only address the City on items listed on the agenda. Such comments shall be made in person and before the City during the meeting as prescribed below. There is a time limitation of two (2) minutes per person. However, the City shall allow a speaker using a translator four (4) minutes to ensure that non-English speakers receive the same opportunity to directly address the City. Sixteen Minutes (16) total (plus additional time based on use of a translator, if any) will be allowed for any one subject. For any item that is not on the agenda and within the jurisdiction or interest oft the City, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the Mayor or Chair opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staffand the media. Willful disruption of the meeting shall not be permitted. If the Mayor finds that there isi in fact willful disruption ofa any City Council Meeting, he/she may order the disrupting parties out oft the room and subsequently conduct In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to a regular meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention oft the City subsequent to the agenda being posted, upon making certain findings, the City may act  the City's business without them present.  on an item that was not on the posted agenda. AGENDA STAFF REPORTSAND HANDOUTS:  Staff reports and other disclosable public records related to open session agenda items are available at City  Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours. CONDUCTINTHE CITYCOUNCILCHAMBERS:  Rulesof] Decorum for the Public  Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance ofl loud, threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion ofthe presiding officer or a majority oft the City, be subject  to ejection from the meeting per Gov. Code Sect. 54954.3(c).  Removal from the Council Chambers: Council Chambers per Gov. Code Sect. 54954.3(c).  Any person who commits the following acts in respect to a meeting oft the City shall be removed from the (a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to (b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and (c) Disobedience of any lawful order ofthe Mayor, which shall include an order to be seated or to refrain  interrupt the due and orderly course of said meeting;  orderly course ofs said meeting; from addressing the City; and  (d) Any other unlawful interference with the due and orderly course ofs said meeting.  AMERICANSwith DISABIETVISACT  In compliance with the ADA, ify you need special assistance to participate in a City meeting or other services offered by the City, please contact the City Clerk's office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable  arrangements can be made to provide accessibility to the meeting or service.    1. Approval of Agenda As To Form.  Motion Roll Call: PC Carmona 2. PUBLIC COMMENTS  Second  Vote PC Gonzalez  PCI Leon  VC Prado  Chair Horton  This portion of the agenda is reserved for persons wishing to address the Planning Commission. At regularly scheduled meetings, members of the public may address the Planning Commission on any matter within the Jurisdiction of the Planning Commission. At special or emergency meetings, members of the public may only address the Planning Commission on matters that are listed for review on the agenda. Please keep comments at no more than two minutes or four minutes if interpretation is needed. Issues raised during Public Comments are informational only and the Planning Commission cannot take action at this time. All comments shall be directed towards the Chairperson and not at individual  Commissioners or staff.  3. CONSENT AGENDA ITEM(S)  A. Approval of the Minutes of the Regular Meeting of October 15, 2024.  Staff recommends approval of the Minutes of the Regular Meeting of October 15,  2024. Motion  Second  Vote PC Leon  Roll Call: PC Carmona  PC Gonzalez  VC Prado  Chair Horton  4. PUBLIC HEARING ITEM(S)  A. A Public Hearing to Consider Approval of a Resolution of the Planning Commission of the City of Arvin Recommending the City Council Approve Zoning Code Amendment 2024 - Ordinance Amending Chapter 17.51 Staff recommends to open the hearing, allow for public testimony, close the  Accessory Dwelling Unit.  hearing, and approve the Resolution.  Motion  Second  Vote, PC Leon  Roll Call: PC Carmona  PC Gonzalez  VC Prado  Chair Horton    B. A Public Hearing - To Consider Adoption of a Resolution of the Planning Commission of the City of Arvin Recommending the City Council Amend the General Plan by Adopting the 2024 Safety Element Incorporating 2020 Kern County Multi-Jurisdictional Hazard Mitigation Plan Including a Recommendation to Adopt an Exemption Pursuant to California Environmental Quality Act Guidelines Section 15061(b)(3)  Staff recommends to open the hearing, allow for public testimony, close the  hearing, and approve the Resolution.  Motion  Second  Vote PCI Leon  Roll Call: PC Carmona  PC Gonzalez  VC Prado  Chair Horton  C.AI Public Hearing to Consider Adoption of a Resolution of the Planning Commission of the City of Arvin Conditionally Approving Conditional Use Permit - Arvin Community Services District - Solar Array and Adoption of an Exemption for the Conditional Use Permit and Site Development Permit Pursuant to California Environmental Quality Act Guidelines Section 15304 Minor Alterations to Land and 15329 Cogeneration Projects at Existing  Facilities.  Staff recommends to open the hearing, allow for public testimony, close the  hearing, and approve the Resolution.  Motion  Second  Vote PC Leon  Roll Call: PC Carmona  PC Gonzalez  VC Prado  Chair Horton  D. A Public Hearing to Consider Adoption of a Resolution of the Planning Commission of the City of Arvin Conditionally Approving Site Development Permit 2024-Arvin CSD Rotating Ground Mounted Solar Array - Construction of a 6.84 Acre Ground Mounted Solar Array on a Portion of APN 189-353-07 and Underground Utility Connections on Portions of APN 189-353-06 and -07 to Existing Water Wells Located on APN 189-353-09, Water Well Site No. 11 (West Side of Meyer Street) and APN 189-353-08, Water Well Site No. 16 (The north side of Millux Drive) Owned by Arvin Community Services District and Adoption of an Exemption for the Conditional Use Permit and Site Development Permit Pursuant to California Environmental Quality Act Guidelines Section 15304 Minor Alterations to Land and 15329 Cogeneration Staff recommends to open the hearing, allow for public testimony, close the  Projects at Existing Facilities.  hearing, and approve the Resolution.    Motion  Second  Vote PC Leon  Roll Call: PC Carmona REPORTS FROM STAFF  PC Gonzalez  VCPrado  Chair Horton  5.  6. - PLANNING COMMISSIONER COMMENTS  7. ADJOURNMENT  Ihereby certify, under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted on the City Hall Bulletin Board, not less than 72 hours prior  toi the meeting. Dated: December 12, 2024.  Jeff  h  Jones, Deputy Secretary    REGULAR MEETING MINUTES ARVIN PLANNING COMMISSION OCTOBER 15, 2024  CALL TO ORDER @ 6:19 PM PLEDGE OF ALLEGIANCE  ROLL CALL: PC Leon and Vice Chair Prado absent. All others present.  1. Approval of Agenda As To Form. Motion to approve the Agenda. Motion PC Carmona  Second PC Gonzalez  Vote 3-0  2. PUBLIC COMMENTS  This portion of the agenda is reserved for persons wishing to address the Planning Commission. At regularly scheduled meetings, members of the public may address the Planning Commission on any matter within the jurisdiction of the Planning Commission. At special or emergency meetings, members of the public may only address the Planning Commission on matters that are listed for review on the agenda. Please keep comments at no more than two minutes or four minutes if interpretation is needed. Issues raised during Public Comments are informational only and the Planning Commission cannot take action at this time. All comments shall be directed towards the  Chairperson and not to individual Commissioners or staff.  NONE  3. CONSENT AGENDA ITEM(S)  A. Approval of the Minutes of the Regular Meeting of September 17, 2024.  Staff recommends approval of the Minutes of the Regular Meeting of September  17, 2024.  Motion to approve the Minutes of the Regular Meeting of September 17, 2024.  Motion PC Carmona  Second PC Gonzalez  Vote 3-0  Arvin Planning Commission Mtg Minutes 09/17/24  Page 1of2    4. PUBLIC HEARING ITEM(S)  A. A Public Hearing to Consider a Resolution of the Planning Commission of the City of Arvin Approving Tentative Parcel Map 2024-WSR-01, Exhibit A, Minor Land Division Subdividing Assessor Parcel Number 192-107-06 into two (2) Parcels and one Remainder Located on the North Side of West Sycamore Road and West of Stockton Avenue and East of Meyer Road Subject to Conditions of Approval, Exhibit B, and Deferred Off-Site improvement Agreement, Exhibit C and Acceptance of CEQA Notice of Exemption Per Section 15305 = Minor  Allocations in Land Use Limitations  Hearing opened. Hearing closed. Motion to approve the Resolution. Motion PC Carmona Resolution No. APC 2024-015  Testimony received from Civil Engineering company representing applicant.  Second PC Gonzalez  Vote 3-0  5. REPORTS FROM STAFF  NONE  6. PLANNING COMMISSIONER COMMENTS  NONE  7. ADJOURNED @ 6:46 PM  Respectfully submitted,  Jeff Jones, Secretary    Arvinl Planning Commission Mtg Minutes 09/17/24  Page 2of2    REGULAR MEETING MINUTES ARVIN PLANNING COMMISSION OCTOBER 15, 2024  CALL TO ORDER @ 6:19 PM PLEDGE OF ALLEGIANCE  ROLL CALL: PC Leon and Vice Chair Prado absent. All others present.  1. Approval of Agenda As To Form. Motion to approve the Agenda. Motion PC Carmona  Second PC Gonzalez  Vote 3-0  2. PUBLIC COMMENTS  This portion of the agenda is reserved for persons wishing to address the Planning Commission. At regularly scheduled meetings, members of the public may address the Planning Commission on any matter within the jurisdiction of the Planning Commission. At special or emergency meetings, members of the public may only address the Planning Commission on matters that are listed for review on the agenda. Please keep comments at no more than two minutes or four minutes if interpretation is needed. Issues raised during Public Comments are informational only and the Planning Commission cannot take action at this time. All comments shall be directed towards the  Chairperson and not to individual Commissioners or staff.  NONE  3. CONSENT AGENDA ITEM(S)  A. Approval of the Minutes of the Regular Meeting of September 17, 2024.  Staff recommends approval of the Minutes of the Regular Meeting of September  17, 2024.  Motion to approve the Minutes of the Regular Meeting of September 17, 2024.  Motion PC Carmona  Second PC Gonzalez  Vote 3-0  Arvin Planning Commission Mtg Minutes 09/17/24  Page 1of2    4. PUBLIC HEARING ITEM(S)  A. A Public Hearing to Consider a Resolution of the Planning Commission of the City of Arvin Approving Tentative Parcel Map 2024-WSR-01, Exhibit A, Minor Land Division Subdividing Assessor Parcel Number 192-107-06 into two (2) Parcels and one Remainder Located on the North Side of West Sycamore Road and West of Stockton Avenue and East of Meyer Road Subject to Conditions of Approval, Exhibit B, and Deferred Off-Site Improvement Agreement, Exhibit C and Acceptance of CEQA Notice of Exemption Per Section 15305 - Minor  Allocations in Land Use Limitations  Hearing opened. Hearing closed. Motion to approve the Resolution. Motion PC Carmona Resolution No. APC 2024-015  Testimony received from Civil Engineering company representing applicant.  Second PC Gonzalez  Vote 3-0  5. REPORTS FROM STAFF  NONE  6. - PLANNING COMMISSIONER COMMENTS  NONE  7. ADJOURNED @ 6:46 PM  Respectfully submitted,  Jeff Jones, Secretary  B  Arvin Planning Commission Mtg Minutes 09/17/24  Page 2of2    CITY OF ARVIN Planning Commission STAFF REPORT Meeting Date: December 17,2024 Continued from: November19,2024  TO: FROM:  Arvin City Planning Commission Isaiah Medina, Assistant Planner Jake Raper, Contract Planner  Jeffery Jones, City Manager/ /1 Finance Director  SUBJECT: APublicH Hearing to Consider Approval of A Resolution ofthel Planning Commission of the City of Arvin Recommending the City Council Approve Zoning Code Amendment 2024 -  Ordinance Amending Chapter 17.51. Accessory Dwelling Unit. Iti is recommended that the Planning Commission:  RECOMMENDATION 1) Open the Public Hearing. 2) Receive a staff report. 3) Allow for public testimony. 5) Close the public hearing.  4) Discussion between Panning Commissioner members and Staff, ifneeded. 6) Staffrecommends the Planning Commission take the following action: "Motion to Approve - Resolution of the Planning Commission of the City of Arvin Recommending the City Council Approve Zoning Code Amendment 2024 - Ordinance  Amending Chapter 17.51 Accessory Dwelling Unit.  BACKGROUND:  The City Council, on the recommendation of the Planning Commission, adopted Ordinance No. 2023 -486. Accessory Dwelling Units on October 24, 2023, and became effective thirty days after adoption. As required by state law, the City of Arvin mailed the adopted ordinance on October 30, 2023, to the State of California Department of Housing and Community Development On September 23, 2024, approximately one year later, the State of California Department of Housing and Community Development (HCD) provided their review and requirements for Upon receipt oft the review by HCD, the City's Consultant, Precision Engineering and Associates, prepared the required amends and inserted the proposed changes into Chapter 17.51 and prepared ai response letter which identified updates and amendments. The letter which  (HCD)for compliance review, Attachment 1.  various amendments to the adopted ordinance, Attachment2.  PCH Report Dec: 17: 2024 Cont'df from! November 19, 2024, Chapter 17.51 Accessory Dwelling Unit Ordinance Page 1of4    Housing and Community Development within 60 days after adoption. After adoption ofan ordinance, the department: may submit written findings to the local agency as to whether the ordinance complies with this article. Staff will forward the adopted ordinance to the State California Department of Housing and Community Development (HCD) for its comments which may require additional changes. Ifcomments are received, the ordinance will need to be further amended to address any changes. IfHCD finds that any adopted ordinance enacted by a local jurisdiction is in any way inconsistent with state law, the ordinance is  void. Ifthis occurs, the ADU ordinance will require amending. ENVIRONMENTAL REVIEW AND DETERMINATION:  The zoning code amendment 2024 to Chapter 17.51 Accessory Dwelling Unit, is Statutory Exempted, Section 15282(h), from review under the California Environmental Quality Act (CEQA. The adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 66310-66342 ofthe Government Code as outlined in Section 21080.17 oft the Public Resources Code). Additionally, the adopted Ordinance amends ADU regulations and implements the goals, policies, and programs oft the City of Arvin Housing Element. The adopted amendments implement the adopted housing element program and are regulatory actions taken by the city. Lastly, due to their limited impact, state law deems ADUS to be ministerial projects and, therefore, exempt from CEQA. Staff has prepared a Draft Notice of Exemption for the Zoning Code Amendment 2024. - Ordinance Amending Chapter 17.51 Accessory Dwelling Unit, Attachment 7.  FISCAL CONSIDERATIONS:  Revenue Reduction: Minor reduction in revenues due to the state's ordinance preventing a local agency from assessing discretionary processing fees and in most cases the collection Research and Ordinance Adoption: This Project is funded by LEAP grant by the State of California Department ofHousing and Community Development for the purpose of! providing additional opportunities for housing, in line with the goals contained in the Arvin General Plan and 2013-2023 Housing Element and the updated 2023-2031 Housing Element.  ofimpact fees and connection fees for utilities.  END OF REPORT. Exhibits:  Resolution of the Planning Commission oft the City of Arvin Recommending the City Council Approve Zoning Code Amendment 2024 - Ordinance Amending Chapter 17.51  Accessory Dwelling Unit.  Draft Ordinance No. 2024-XX, Ordinance Amending Chapter 17.51 Accessory Dwelling  Unit. Attachments:  Attachment 1- October 30, 2023, to the State ofCalifornia Department of Housing and  Community Development (HCD) for compliance review.  PCI Report Dec 17: 2024 Cont'df from November 19, 2024, Chapter 17.51 Accessory Dwelling Unit Ordinance Page3of4    RESOLUTION NO.  RESOLUTION OF THE. PLANNING COMMISSION OF THE CITY OF ARVIN RECOMMENDING THE CITY COUNCIL APPROVE ZONING CODE AMENDMENT 2024-ORDINANCE AMENDING CHAPTER 17.51 ACCESSORY DWELLING UNIT  AND ACCEPT CALIFORNIA ENVIRONMENTAL QUALITY ACT  (CEQA). A NOTICE OF EXEMPTION.  WHEREAS, at its regular meeting on November 19, 2024, the Planning Commission quorum was not achieved, the Deputy City Clerk continued the public hearing and project to the  next regularly scheduled meeting date of December 17,2024; and  WHEREAS, the Planning Commission conducted a duly noticed public hearing on December 17,2024 in which it considered all written and oral testimony, including but not limited to written and oral testimony from the public and staff presentations and reports;  WHEREAS, the Planning Commission therefore recommends the City Council Approve Zoning Code. Amendment 2024- Ordinance Amending Chapter 17.51 Accessory Dwelling WHEREAS, copies of the environmental document and additions, deletions, and amendments to Title 17 Zoning, Chapter 17.51 Accessory Dwelling Units were made available for public inspection during public review period at the City Clerk's office and the City of Arvin Community Development Department, 141 Plumtree Drive, Arvin, California and on the City's  Unit, attached hereto as Exhibit A ("Proposed Ordinance-"); and  website; and,  WHEREAS, the City properly noticed thel November 19, 2024 hearing before the Planning Commission for the proposed deletion and amendment to Chapter 17.51. Accessory Dwelling Units by posting the public hearing notice on November 8, 2024 at the following designated places for posting of public notices: (1) Arvin City Hall/City Council Chambers; (2) Arvin Police Department; and (3) Community Development Department; (4) City of Arvin's website at www.arvin.org; providing al 10-day review, in accordance with Government Code Sections 36933,  65854, and 65090.  WHEREAS, due to a lack of quorum, the Deputy City Clerk continued the project to the next regular Planning Commission meeting of December 17,2024, no additional noticing is  required; and office; and  WHEREAS, proof of the published public hearing notice is on file at the City Clerks' NOW, THEREFORE, the Planning Commission of the City of Arvin (the "Planning Section 1: Therecitals set forth above are true and correct and incorporated herein by this  Commission")! hereby finds, determines, resolves and orders as follows:  reference.  Page 1 of2  Reso December 17: 2024 Amending Various Chapters of Title 17 Zoning Relating to Accessory Dwelling Units    PLANNING COMMISSION RECOMMENDED ORDINANCE ADOPTION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN ADOPTING ZONING CODE AMENDMENT 2024- ORDINANCE AMENDING CHAPTER 17.51 ACCESSORY DWELLING UNIT.  ORDINANCE NO.  WHEREAS, the City Council desires to amend Title 17 Zoning, Chapter 17.51 Accessory WHEREAS, on December 17, 2024 at after a duly noticed public hearing, the Planning Commission considered the Proposed Amendments, including presentations from City staff, oral testimony, and written testimony; and WHEREAS, after the above-mentioned public hearing, the Planning Commission adopted Resolution No., APC 2024-XX, which recommended that the City Council adopt WHEREAS, on MONTH DAY, 2025, the City Council conducted a duly noticed public hearing regarding this Ordinance, where it received presentations from City staff, oral and written testimony from members oft the public, and introduced the ordinance; and WHEREAS, on Month Day 2025, the City Council conducted public hearing and conducted the second reading and adoption ofOrdinance Amendments; and WHEREAS, after the above-mentioned City Council public hearing, the City Council now desires to amend Title 17 Zoning by amending Chapter 17.51 NOW,THEREFORE, the City Council of the City of Arvin does hereby ordain as 1. The Recitals set forth above are true and correct and incorporated herein. 2. Copies of the environmental document and full text of the deletion and addition to Title 17 Zoning - Zoning Code Amendment ZCA 2023-04 were made available for public inspection during public review period at the City Clerk's office and the City of Arvin Community Development Department, 141 Plumtree Drive, Arvin, California and on1 the City's website. 3. Based upon its own independent judgment and substantial evidence in the record ofproceedings related to the Proposed Ordinance amendments, the City Council approves the Notice of Exemption and directs staff to file the Notice of Exemption with the Kern County Clerks Office and the State of California 4. This Ordinance establishes the opportunity for the efficient review and  Dwelling Units as recommended by the Planning Commission.  this Ordinance; and  Accessory Dwelling Units; and  follows:  CEQA Submit.  approval of accessory dwelling units.  Ordinance No 2024 Amending Chapter 17.51 Accessory Dwelling Units  Page: 1of11    17.51.030 Submittal requirements.  A. The completed Building Permitapplication, administativepemmi, shalll be submitted to the planning building division on an application form prepared by the Building Official eityplanner and shall include the submittal requirements. asdelinedhyChapierinSayaae-Adminasmative-Approva). Upon approvaloftheadminsinaivepemakiieapicantshalsabmitabuldingpengpemmitappication: Fees for an ADU shall be established by the city council and said fees shall be, buti notl limited to, adminisiativepemit. applicatien; building plan check fees, building permit fees, and state mandated fees relating to thei issuance of  building permits.  17.51.040 Type of accessory dwelling units. A. Types of accessory dwelling units.  1. Attached ADU. An ADU attached to an existing or proposed primary dwelling and located on the same lota as thej proposed or existing primary dwelling, which provides complete independent living facilities for one (I) or more persons. Its shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. The attached. ADU shall have an exterior entrance separate from the main house. 2. Detached ADU. An ADU structurally independent and detached from an existing or proposed primary dwelling and located on1 the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one (1) or more persons. Its shall include permanent provisions 3. Internal conversion ADU. An ADU may be located within areas converted to habitable space, such as:  for living, sleeping, eating, cooking, and sanitation.  An area within an existing single-family dwelling (.g., attached garage) and on the same lot as the ii. An existing accessory structure (e.g., detached garage or pool house) located on the same lot as an ii. Portions of existing multi-family structures that are not used as livable space including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, ife each unit  existing dwelling with a separate exterior entrance; or existing single-family dwelling with a separate exterior entrance; or complies withs state building standards for dwellings.  17.51.050 Number and types of ADUS permitted per legal parcel or lot.  A. Lots with as single-family dwelling. The following number and types of ADUS shalll be allowed per lott thati is zoned to allow single-family residential uses and includes aj proposed or existing single-family dwelling.  1. One (1) attached ADU; OF 2. One (1) detached ADU; and 3. One (1)JADU (See Section 17.51.120).  B. Lots with a multi-family dwelling(s). The following number and types of ADUS shall be allowed per lot thati is zoned to allow: multi-family residential uses and includes aj proposed or existing multi-family dwelling. 1. Converted ADUS. Converted ADUS are allowed within portions of an existing multi-family dwelling that are not used as livable space: at least one (1)interior. ADU conversion and upt to twenty-five(25) percent oft thet total number of dwelling units are permitted. ConveenoFo-nabespacetocreae ADUG)-AtleastoneADLwaaepertiensofevsinngmu-amiysinuclures,fom-the cenversiomoFmon-imabearashlsealbowepreist.-amiyresidenial sesand-meldesaneNisingmu-amiysinvstureselomgeidesneEeNesd-iwenty-fives) peremtoFlnetela-mumhrafevsingdwelimgum-ADUswhmmal-amiyysiclures-mustbe comveredfrem-e-naearasamdFmdifmomon-nableara-NCADUSwillbepemmited:  Ordinance No 2024 Amending Chapter 17.51 Accessory Dwelling Units  Page 3of11    iv Commerrearyardsetbaselhc-Comerearyendsetbadk-forcemerlotahai-beaminimum-ofsik-6) 3. When an existing structure is converted to an ADU, and the existing structure either has no setbacks or has setbacks of less than four (4) feet, then the ADU shall maintain thes same setbacks as the existing structure or setbacks of four (4) feet from thes side and rear yards, whichever is less, ifthe ADUis constructed in the same location and to the same dimensions as the existing structure. 1. Conversion of existing structures to an. ADU: not meeting the minimum setbacks shalll be designed 1. One (1) parking space shalll bej provided per ADU, where applicable. This space may be provided as tandem parking on ac driveway where the parking ofv vehicles do not block sidewalks nor pedestrian access. Parking of vehicles shall not be within four (4) feet ofthei interior side yard and shall not be within six (6) feet ofa a cormer side yards setbacks. The four (4) foot and six (6) foot non-parking areas are to ensure health and safety access by emergency personnel and site visibility at streeti intersections. 2. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement parking is noti required. Off-street parking may be within thei front yard setback area and may be designed as tandem parking or other design that accommodates off-street parking. The city code requires two (2) off-street parking spaces per dwelling unit but does not require garages nor carports for off-street parking. Therefore, two-off-street parking spaces are required and when required one (1) off-street parking for the. ADU. As noted, tandem parking  feet:  and/or retrofitted to meet the fire and building codes.  E. Parking requirements.  shall not block sidewalks or public access.  3. Exceptions. Noj parking shall be required for ADUS in any of the following instances:  The ADU is located within one-halfi mile walking distance of! public transit. ii. The ADU is located within an architecturally and historically significant historic district. iii. The ADU is part of the proposed or existing primary residence or an accessory structure. iv. When on-street parking permits are required buti not offered to the occupant(s) of the ADU. V. There is a car share vehicle located within one (1) block ofthe ADU. vi. Whena apermit application for an ADUiss submitted with a permit application to create a new single-family dwelling or ar new multi-family dwelling on the same lot. F. Architectural review. TheconsineionofnewDlaailhe-sesbeeSetiam-PSoy dwellingsandmebie: homes-DevelepmetArehictumaisal-Standards-ADUS shall have the same exterior finish materials and roof form as the existing or proposed single-family or multi-family dwelling on the parcel. G. Access and entry. Except for ADUS approved under Government Code Section 66323. an ADU shalll havea H. Density limits. AADUAhasconfommsioheandinanceAIL ADUS shall be deemed to be an accessory use or accessory building and shall not be considered to exceed the allowable density for the lot upon whichi itis located and shall be deemed tol be a residential use which is consistent with the existing general plan land use and zoning designations fort thel lot. The ADU shall not be considered in the application of any local ordinance,  separate entry from thej primary residence and shall be: from the side or rear yard.  policy, or program tol limit residential growth. 17.51.070 Other requirements. A. Availability of utilities.  1. Utility connections. ADUS may be subject to utility connections as provided herein. 2. Private sewage disposal system. ADUS not serviced by the city's wastewater system must receive clearance from thel Kem County Public Health Services Department. The applicant shall provide clearance to the city building division prior to thei issuance ofal building permit. Ordinance No 2024 Amending Chapter 17.51 Accessory Dwelling Units  Page 5of11    17.51.090 Fee requirements.  A. Connection fees or capacity charges. An ADU shall not be considered to be ar new residential use fort the purposes of calculating connection fees or capacity chargers for utilities, including water and sewer service, unless the ADU was constructed with ai new single-family dwelling. Where ai new. ADU and new residential uniti is applied for and constructed, the new. ADU and new residential unit shall pay the applicable sewer B. Impact fees. Impact fees shall not bei imposed on an. ADU thati is less than seven hundred fifty (750) square feeti in size. For ADUS that are greater than seven! hundred fifty (750) square feet in size, impact fees charged Permit processing fee.. Application fees shall be as established by resolution of the city council for the processing of the planning and building permit applications. Other fees such as but not limited to file maintenance andt technology fees shalll bei required. All state mandatory fees associated with building permits D. Monthly charges for sewer and water. ADUS shall be subject tot the monthly utility fees for wastewater. Water service is provided by Arvin Community Services District and as such an ADU may be subject to the monthly  connection feei inj place at the time ofs submittal.  shall bej proportionate ini relation to thes square footage of the primary dwelling unit.  shall bei required.  utility fees for domestic water service.  17.51.100 Conditions for non-contorming uses and structures.  A. Nonconforming conditions. Notwithstanding Chapter 17.52, tot the contrary, an owner of an ADU that receives anotice to correct violations or abate nuisance, in relation to the ADU, may request a delay for five (5)years ini in enforcement ofal building standard, as long as the violation is not al health and safety issue as determined by the city's building official, subject to compliance with the Health and Safety Code Section 17980.12 and the 2. The ADU: was built on or after. January 1, 2020, in al local jurisdiction that, at the time the ADU was built, had ar noncompliant ADU ordinance, but the ordinance is compliant at the time the request is  following conditions:  1. The ADU was built before. January 1,2020.  made.  17.51.110 Definitions accessory dwelling units.  For purposes of this section, the following terms have the following meanings.  A. "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more] persons andi is located on al lot with aj proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on thes same parcel as the single-family or multifamily dwelling is or willl be situated. An  accessory dwelling unit also includes the following:  1. An efficiency unit.  2. Amanufactured home, as defined in Section 18007 oft thel Health and Safety Code. B. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the C. "Efficiency unit" has the same meaning as defined in Section 17958.1 of thel Health and Safety Code. D. "Living area" means thei interior habitable area ofa dwelling unit, including basements and attics, but E. "Local agency" means a city, county, or city and county, whether general law or chartered.  same lot.  does not include a garage or any accessory structure.  Ordinance No. 2024- Amending Chpater 17.51 Accessory Dwelling Units.  Page 7of11    i. Ac cooking facility with appliances. thej junior accessory dwelling unit.  ii. A1 food preparation counter and storage cabinets that are of reasonable size in relation tot thes size of  7. AJADUS shall not require additional parking as a condition to grant a permit. JADU shall be required to submit al building permit and pay adopted-ees-ferplanmingelearanee: dminsmivepemitansmaineancefes: building fees relating toj plan checks, building permit, inspection, including the imposition ofaf feei for that inspection, to determine ift the. JADU complies with applicable D. Ana application fora a. JADU, notwithstanding State of California Government Code, Section 65901 or 65906 or any local ordinance regulating thei issuance of variances or special use permits, be considered ministerially, without discretionary review or al hearing. The planning division city shall approve or deny acten a completed application to create a. JADU within sixty (60) days from the date thel local agency receives a completed application ifthere is an existing single-family dwelling on the lot. Ifthep permit application to create a. JADU is submitted with aj permit application to create a new single-family dwelling on thel lot, thej permitting agency may delay approving or denying acting en thej permit application for the JADU until the permitting agency acts on the permit application to create thei new single-family dwelling, but the application to create the JADU shall still be considered ministerially without discretionary review or a hearing. Ift the applicant requests a delay, the 60-day time period shall bei tolled for the period oft the delay. Should the application to createa JADU be denied. the city shall. within 60 days. return in writing a full set of comments to the applicant witha list of items that are defective or deficient and a description of how the application can beremedied. E. Fees for a. JADU: shalll be established by the city council and said fees shall be, but not limited to, AePPew building plan check fees, building permit fees, and state mandated fees F. For purposes ofany fire or life protection ordinance or regulation, a. JADU shall not be considered as separate or new dwelling unit. This section shall not be construed toj prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within as single-family residence that contains a. JADU so long as the ordinance or regulation applies uniformly to all single-family residences within the: zone: regardless of whether the single-family residence includesa G. For purposes of providing service for water, sewer, or power, including a connection fee, a. JADU shall not be H. This section shall not be construed toj prohibit a local agency from adopting an ordinance or regulation, related to parking OF a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a. JADU, so long as that ordinance or regulation applies uniformly to all single-family residences  building standards.  relating to thei issuance of building permits.  JADU or not.  considered: a separate or new dwelling unit.  regardless of whether thes single-family residence includes al JADU. 17.51.130 Definitions junior accessory dwelling unit (JADU). For purposes oft this section, the following termsl have the following meanings:  A. "Junior accessory dwelling unit" means a unit that is no more than fivel hundred (500). square feet in size and contained entirely within as single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. B. "Local agency" means a city, county, or city and county, whether general law or chartered. EHectivelamuay,2024S4tmr980.-asadateleleHeahamdsatyc, eHowingSeetion-790.Hyteread: For purposes oft this section, thei following terms havé the following 1. "Junior accessory dwelling unit" means a unit that is no more than five hundred (500) square feet in size and contained entirely within as single-family residence. Aj junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing  meanings:  structure.  Ordinance No. 2024- Amending Chpater 17.51 Accessory Dwelling Units.  Page 9 of11    2025, and adopted the Ordinance after the second reading at a regular  meeting held on the AYES: NOES: ABSTAIN: ABSENT:  day of  2025, by the following roll call vote:  ATTEST  JEFFREY JONES, Deputy City Clerk  CITY OF ARVIN  By:  OLIVIA CALDERON, Mayor  APPROVED AS TOFORM  By:  NATHAN! HODGES, City Attorney Hodges Law Group  I,  City Clerk of the City of Arvin, California, DO HEREBY  CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council oft the City of Arvin on the date and by the vote indicated herein.  Ordinance No. 2024- Amending Chpater 17.51 Accessory Dwelling Units.  Page 11 of11    CITY OF ARVIN  October 30, 2023  MAYOR Olivial Trujilo MAYORF PROT TEM Daniel Borreli COUNCILI MEMBERS Donny! Horton Susana Reyes Juan! Murillo CITY MANAGER Jeff Jones  California Department ofHousing and Community Development 2020 West El Camino Avenue Sacramento, CA 95833  Ref: ADU0002444. - ADU Ordinance Review City of Arvin Ordinance No. 2023-486 Adopting Zoning Code Amendment ZCA 2023-04 to Title 17 Zoning Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter 17.51  Accessory Dwelling Units.  Please find enclosed a hard copy and electronic copy provided in a flash drive of the City of Arvin's Ordinance No. 2023-486 adopting its regulations relating to the The ordinance is submitted as required by state law. Please provide the results of your  implementation of the state ofCalifommia's. ADU legislation.  review to: City of Arvin 200 Campus Drive Arvin, CA93203 Email: jeffjones@arvin.org  Attn: Jeffrey Jones, City Manager/Finance Director  Regards, Ryd2 Jeffrey Jones  City Manager/Finance Director Cc: Chris Soriano, City Planner Jake Raper, Consultant  Attachments:  Phone Fax( (661)8 (661)854-3134 854-0817 2000 Campus Drive P.O.E Box5 548 Arvin, California 93203  Flash drive containing electronic copy ofOrdinance No. 2023-486  Hard copy of Ordinance No. 2023-486    1. The Recitals set forth above are true and correct and incorporated: herein. 2. Copies of the environmental document and full text of the deletion and addition to Title 17 Zoning - Zoning Code Amendment ZCA 2023-04 were made available for public inspection during public review period at the City Clerk's office and the City of Arvin Community Development Department, 141 Plumtree Drive, Arvin, California and on the City's website. 3. Based upon its own independent judgment and substantial evidence in the record ofproceedings: related to the Proposed Ordinance amendments, the City 4. This Ordinance establishes the opportunity for the efficient review and  Council approves the Notice of Exemption. approval of accessory dwelling units.  Code Amendments are as follows:  1. DELETE TITLE 17 ZONING, CHAPTER 17.50 MISCELLANEOUS REGULATIONS; SECTION 17.50.060 ADDITIONAL DWELLING UNITS-  REQUIREMENTS AS FOLLOWS:  Chaper7seMiselemeisi:Sastise130.Adwsmaidwelingumts A-M.ra---- ehvelhoeusmi2,900esermww-epossewisionseringesamé esaapatw-iiwa cemstmelionefadéitiem-amtydwelingamdalowsahe-segybidimg* However-the-miaimumsitsahallesiesre-eioflotrepe: B. yappiwwk---- hwséswaw----t twdiwaw--has -laui-iaaaHw.t--- reshal-e-we-keuseekaisfispwashamiydwelingumt. Mipwawie-XEMAAEIA:iti--wiw- mamépotiwwefa-aa---ww.w PiwRSmmswwyhwhastiasaw €. p-gepiwe  Requirements:  mehome-amiydee  -.-A  méfimingsshalkethe-waNces,  0d-S1945,1965)  2. ADD CHAPTER 17.51 ACCESSORY DWELLING UNITS AS FOLLOWS:  Title 17-2 Zoning  Chapter 17.51 ACCESSORY DWELLING UNITS  Ordinance Deleting Section 17.50.060. Additional Dwellings and. Adding Ch 17.51 ADU's  Page 2of1 13    A. The completed application, Administrative Permit. shall be submitted to the Planning Division on an application form prepared by the City Planner and shall include the submittal requirements as defined by Chapter 17.05 (Uses Permitted Subject to Administrative Approval). Upona approval oft the Administrative Permit, the applicant shall submit a building permit application. Fees for an ADU shall be established by the City Council and said fees shall be. but not limited to. Administrative Permit Application, Building Plan Check Fees. Building Permit Fees. and state mandated fees relating to the  issuance of building permits. 17.51.040 = Type of Accessory Dwelling Units. A. Types of Accessory) Dwelling Units.  1. Attached ADU.An ADU attached to an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one (I)orr more persons. Itshall include permanent provisions for living, sleeping. eating, cooking, and sanitation. The attached ADU shall have an exterior entrance separate from the main house. 2. Detached ADU. An ADU structurally independent and detached from an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, 3. Internal Conversion ADU. An ADU may be located within areas converted to  sleeping. eating.cooking. and sanitation. habitable space, such as:  An area within an existing single-family dwelling (e.g. attached garage) and on the same lot as the existing dwelling with a separate exterior ii. An existing accessory structure (e.g.. detached garage or pool house) located ont the same lot as an existing single-family dwelling with as separate iii. Portions of cxistingmuli-family structures that are not used as livable: space including but not limited to storage rooms. boiler rooms. passageways. attics. basements. or garages, if each unit complies with state building  entrance: or exterior entrance:or  standards for dwellings.  17.51.050. - Number and Types of ADUS Permitted Per Legal Parcel or Lot.  A. Lots with a Single-Family Dwelling, The following number and types of ADUS shall be allowed per lot thati isz zoned to allow ingle-famlyresdental uses and includes aj proposed  or existing single-family dwelling. 1. One (1) attached ADU:or 2. One (1) detached ADU: and 3. One (1)JADU (See Section 17.51.120). proposed or existing multi-family dwelling.  B. Lots with a Multi-Family Dwelling(s)." The following number and types of ADUS shall be allowed per lot that is zoned to allow multi-family residential uses and includesa 1. Conversion of non-livable spaces to create ADU(S). At least one (1) ADU within the portions of existing multi-family structures, from the conversion ofr non-livable  Ordinance Deleting Section 17.50.060. Additional Dwellings and. Adding Ch 17.51 ADU's  Page 40 of13    : Conversion of existing structures to an ADU not meeting the minimum setbacks shall be designed and/or retrofitted to meet the Fire and Building  codes.  E. Parking Requirements.  1. One (1)parking space shall be provided per ADU. where applicable. This space may be provided as tandem parking on a driveway where the parking of vehicles do not block sidewalks nor pedestrian access. Parking of vehicles shall not be within four (4) feet ofthei interior side yard and shall not be within six (6)f feetofa corner side yard setbacks. The four (4) foot and six (6) foot non-parking areasare to ensure health and safety access by emergency personnel and site visibility at 2. When a garage, carport. or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU. replacement parking is not required. Off-street parking may be within the front yard setback area and may be designed as tandem parking or other design that accommodates off-street parking. The City code requires two (2)off-street parking spaces per dwelling unit but does not require garages nor carports for off-street parking. Therefore.Iwo-off street parking spaces are required and when required one off-street parking for the ADU. As noted. tandem parking shall not block sidewalks or public access. 3. Exceptions. No parking shall be required for ADUS in any of the following  street intersections.  instances:  The ADUis] located within one-halfn mile walking distance of public transit. ii. The ADU is located within an architecturally and historically significant iii. The ADU is part of the proposed or existing primary residence or an iv. When on-street parking permits are required but not offered to the V. There is a car share vehicle located within one (1)block oft the ADU.  historic district. accessory structure. occupant(s) oft the ADU.  F.A Architectural Review. The construction of new ADUsshall be subject to Section 17.50.130 Single-family dwellings and mobile homes - Developmen/Ar.hiectunl Standards. G. Access and Entry. An ADU shall have a separate entry from the primary residence and H. DensityI Limits. An ADUt that conforms to the ordinance shall be deemed tol be an accessory use or accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing general plan land use and zoning designations for the lot." The ADU shall not be considered in the application of any local ordinance. policy, or program  shall be from the side or rear yard.  tol limit residential growth. 17.51.070 - Other Requirements. A. Availability ofUtilities.  1. Utility Connections. ADUS may be subject to utility connections as provided 2. Private Sewage Disposal System. ADUS not serviced by the City's wastewater system must receive clearance from the Kern County Public Health Services  herein.  Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU's  Page 6of13    C. Separate Conveyance. An ADU may be rented separate from the primary residence but mayr not be sold or otherwise conveyed separate from the primary residence. except when sold byag qualified nonprofit corporation to a qualified buyer in accordance with Califomia  Government Code Section 65852.26 with affordability restrictions.  17.51.090 -] Fee Requirements.  A. Connection Fees or Capacity Charges. An ADU shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity chargers for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling. Where a new ADU and new residential unit is applied for and constructed. the new ADU and new residential unit shall pay the applicable Sewer B. Impact Fees. Impact fees shall not be imposed on an ADU that is less than 750 sf. in size. For ADUS that are greater than 750's sf. ins size. impact fees charged shall be proportionate C. Permit Processing Fee. Application fees shall be as established by resolution of the City Council for the processing of the planning and building permit applications. Other fees such as but not limited to file maintenance and technology fees shall be required. All state D. Monthly Charges for Sewer and Water. ADUS shall be subject to the monthly utility fees for wastewater. Water service is provided by Arvin Community Services District and as such an ADU may be subject to the monthly utility fees for domestic water service. A. Nonconforming Conditions. Notwithstanding Chapter 17.52, to the contrary, an owner of an ADU that receives a notice to correct violations or abate nuisance, in relation to the ADU. may request a delay for five years in in enforcement ofa building standard. as long as the violation is not a health and safety issue as determined by the City's Building Official, subject to compliance with the Health and Safety Code Section 17980.12 and the 2. The ADU was built on or after January 1.2020. in a local jurisdiction that, at the time the ADU was built. had a noncompliant ADU ordinance. but the ordinance is  Connection Fee inj place at the time ofs submittal.  inrelation to the square footage oft the primary dwelling unit.  mandatory fees associated with building permits shall be required.  17.51.100-4 Conditions for Non-Conforming Uses and Structures.  following conditions:  1. The ADU was built before January1,2020. compliant at the time the request is made.  17.51.110- - Definitions Accessory Dwelling Units. For purposes of this section. the following A. "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on al lot with a proposed or existing primary residence. It shall include permanent provisions for living.sleeping. eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will bes situated. An accessory dwelling unit also includes the b. Amanufactured home, as defined in Section 18007 oft the Health and Safety Code.  terms have the following meanings.  following:  a. An efficiency unit.  Ordinance Deleting Section 17.50.060. Additional Dwellings and Adding Ch 17.51 ADU's  Page 8 of13    . - Aprohibition on the sale oft the JADU separate from the sale oft thes single- family residence. including a statement that the deed restriction may be ii. Arestriction on the size and attributes of the. JADU that conforms with this 4. Aj permitted JADU shall be constructed within the walls of proposed or existing 5. The. JADU: shall providea as separate entrance from ther main entrance tot thep proposed 6. The JADU shall provide an efficiency kitchen, which shall include all of the  enforced against future purchasers.  section. single-family residence. or existing single-family residence.  following:  i. Acooking facility with appliances.  ii. Af food preparation counter and storage cabinets that are of reasonable size inrelation to the size of the junior accessory dwellingunit. 7. AJADUshall not require additional parking as a condition to grant aj permit. C. JADU shall be required to submit a building permit and pay adopted fees for planning clearance. Administrative Permit and Maintenance Fees. building fees relating to plan checks, buildingpermit, inspection. including the imposition ofa fee for that inspection. to D. An application for alADU.mohvithsanding State of California Govemment Code, Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. be considered ministerially, without discretionary review or a hearing. The Planning Division shall act on a completed application to create a JADU within 60 days from the date the local agency receives a completed application ift there is an existings single- family dwelling on the lot. Ifthe permit application to create a JADU is submitted witha permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the JADU until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the JADUI shall still be considered ministerially without discretionary review ora hearing. Ifthe applicant requests a delay, the 60-daytime period shall be tolled for the period E. Fees for a. JADU shall be established by the City Council and said fees shall be. but not limited to. Administrative Permit Application, Building Plan Check Fees. Building Permit Fees. and state mandated fees relating to the issuance of building permits. F. For purposes of any fire or life protection ordinance or regulation. a JADU shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements withinas single-family residence that contains a JADU sO long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless ofwhether thes single-family residence includesaJ JADU G. For purposes of providing service for water, sewer, or power, including a connection fee.a H. Thiss section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or aconnection fee for water, sewer.or power, that applies to a single-family residence that contains a JADU. so long as that ordinance or  determine ift the JADU complies with applicable building standards.  ofthe delay.  or not.  JADU shall not be considered as separate or new dwelling unit.  Ordinance Deleting Section 17.50.060. Additional Dwellings and Adding Ch 17.51 ADU's  Page 10 of13    by the enforcement agency before January 1.2030.s shall be valid for the full term of the delay that was approved at the time oft the initial approval oft the  application pursuant to paragraph (3).  b. For purposes of this section, "accessory dwelling unit" has the same meaning as This section shall remain in effect only until January 1. 2035. and as of that date is  defined in Section 65852.2. repealed.  Ifany section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 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 ai newspaper  ofg general circulation. IIII IIIII IIIIII IIIIII IIIIII IIIII IIIIII IIIIII IIIIII IIIIII IIIIII IIIII IIIIII  Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU's  Page 12of13    CITY OF ARVIN  October 30, 2023  MAYOR Olivial Trujilo MAYORP PROT TEM DanielE Borreli COUNCILI MEMBERS Donnyk Horton Susanal Reyes Juan! Murillo CITY MANAGER JeffJones  California Department ofHousing and Community Development 2020 West El Camino. Avenue Sacramento, CA 95833  Ref: ADU0002444 - ADU Ordinance Review City of Arvin Ordinance No. 2023-486 Adopting Zoning Code Amendment ZCA 2023-04 to Title 17 Zoning Deleting Chapter 17.50, Section 17.50.060 Additional Dwelling Units and Adding Chapter 17.51  Accessory Dwelling Units.  Please find enclosed a hard copy and electronic copy provided in a flash drive of the City of Arvin's Ordinance No. 2023-486 adopting its regulations relating to the The ordinance is submitted as required by state law. Please provide the results of your  implementation oft the state ofCaliforia's. ADUI legislation.  review to: City of Arvin 200 Campus Drive Arvin, CA93203 Email: etyones@arvin.org  Attn: Jeffrey Jones, City Manager/Finance Director  Regards, Ryz Jeffrey Jones  City Manager/Finance Director Cc: Chris Soriano, City Planner Jake Raper, Consultant  Attachments:  Phone Fax( (661)8 (661)8 854-0817 854-3134 Flash drive containing electronic copy ofOrdinance No. 2023-486  Hard copy of Ordinance No. 2023-486  200 Campus Drive P.O.E Box5 548 Arvin, California 93203    ORDINANCE NO. 2023-486  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADOPTING ZONING CODE AMENDMENT ZCA 2023-04 TO TITLE ARVIN 17   DWELLING DWELLING UNITS.  UNITS AND ADDING CHAPTER 17.51  ACCESSORY  WHEREAS, the City Council desires to amend Title 17 1. Deleting Chapter 17.50, Section 17.50.060 Zoning as follows: 2. Addition of Chapter 17.51 Accessory Dwelling Units Commission WHEREAS, on September 19, 2023, at after a duly noticed  Requirements.  Additional Dwelling Units =  considered the Proposed Amendments, WHEREAS, after the above-mentioned public  public hearing, the Planning  testimony, and written testimony; and  including presentations from City staff, oral  adopted Resolution No. APC 2023-16, which recommended hearing, the Planning Commission  Ordinance; and  that the City Council adopt this  WHEREAS, on October 10, 2023, the City Council conducted  hearing regarding this Ordinance, where it received  a duly noticed public ofthe public, and introduced the  opportunity to receive oral and written testimony from presentations members from City staff, provided an  ordinançe by title only; and  WHEREAS, on October 10, 2023, the City Council introduced  reading ofthe ordinance ofthe City ofArvin, California,  and conducted the first  04-I Deleting Chapter 17.50, Section 17.50.060 Additional Zoning Code Amendment ZCANO. 2023- 17.51 Accessory Dwelling Units and Accept Califoria Dwelling Units and Adding Chapter  Notice of Exemption; and  Environmental Quality Act (CEQA)A  public WHEREAS, prior to the October 24, 2023, the City Clerk will submit hearing notice, Notice By The Arvin City Council Of second reading and adoption of an ordinance of the Units and Adding Chapter 17.51 Accessory  for publication ofa  of Its Intent To Adopt An Ordinance, 17.50, Section 17.50.060 Additional Dwelling  Amendment ZCA No. 2023-04. Deleting Chapter City Arvin, Califoria, Zoning Code Quality Act (CEQA). A Notice of Exemption; Dwelling and Units and Accept Califoria Environmental now desires to amend Title 17 Zoning by deleting Chapter public hearings, the City Council Dwelling Units- -1 Requirements and adding Chapter 17.51 17.50, Section 17.50.060 Additional  WHEREAS, after the above-mentioned City Council NOW, THEREFORE, the City Council of the  Accessory Dwelling Units. City of Arvin does hereby ordain as  follows:  Ordinancel Deleting Section 17.50.060. Additional Dwellings and. Adding Ch 17.51 ADU's  Page 1of13    1. The Recitals set forth above are true and correct and incorporated herein. 2. Copies of the environmental document and full text of the deletion and addition to Title 17 Zoning Zoning Code Amendment ZCA 2023-04 were made available for public inspection during public review period at the City Clerk's office and the City of Arvin Community Development Department, 141 Plumtree! Drive, Arvin, California and on the City's website. 3. Based upon its own independent judgment and substantial evidence in the record ofproceedings related tot the Proposed Ordinance amendments, the City 4. This Ordinance establishes the opportunity for the efficient review and  Council approves the Notice of Exemption. approval of accessory dwelling units.  Code. Amendments are as follows:  1. DELETE TITLE 17 ZONING, CHAPTER 17.50 MISCELLANEOUS REGULATIONS; SECTION 17.50.060 ADDITIONAL DWELLING UNITS-  REQUIREMENTS ASI FOLLOWS:  Mswakes5AwAd- A. Magyderw*------ meèivelhousmi42900-nwiepeniwisiomseringesame yaspaiw-mitra censtruetion-efadditional-ome-amilydwelimgs-amdalewableaceesseeessery-DH#HRES: Hoever,temiaimumesiehilkesishauwnst6esefletassepe: B. M-rwiiwa------ h-etw--E tw---iaassis diwellagumis-méaliow.lomahie-ssayhailinwevesthemiimumsie reshalbe-sre-keuseefswperah-amiyewelingunt MwaAEt5-----w- lemmsamépovisiemsefee-misimmiaaieemtasiniahalnotppyinih. piswSwwwwwn.we C.T rwaeeriw-pawee  Requirements:  ehome-amiydeline  --Peae  amdfimingshalheshe-wm-piainass,  04-SF3245,1965:  2. ADD CHAPTER 17.51 ACCESSORY DWELLING UNITS AS FOLLOWS:  Title 17- Zoning  Chapter 17.51 ACCESSORYI DWELLING UNITS  Ordinance Deleting Section 17.50.060. Additional Dwellings and Adding Ch 17.51. ADU's  Page20 of13    17.51.010-1 Purpose and Applicability. A. Purpose. The purpose of this chapter is to comply with (Accessory Dwelling Units), 65852.22 (Junior development of accessory dwelling units(ADUS) and.  Government Code Section 65852.2 cities to set standards for the  (Sale or Conveyance of Accessory Dwelling Unit Accessory Dwelling Units), and 65852.26 amended from time to time by the State. which provides Separate for from Primary Residence) as thes supply ofsmaller and affordable housing while Junior ADUS(JADUS): SO as to increase the existing neighborhood. Accessory dwelling ensuring that they remain compatible with consistent with the General Plan objectives and units are considered to be a residential use, opportunities. including near transit for residential lots zoning zoned regulations. and enhance housing  multi-family units.  to allow single family, homesor of the General Plan and is  B. This chapter is intended to implement the City's Housing Element adopted to comply with State law (Government Code are zoned to allow single-family, multi-family proposed or existing primary dwelling. 17.51.020-7 Application Process.  allowing ADUS through ministerial review in all districts Section 65852.2 and 65852.22), by family, or mixed uses, subject to meeting the standards zoned to allow single- family.multi-  Permitted Locations. The provisions included in this prescribed below.  chapter are applicable to all lots that I) residential, or mixed uses: and 2) include a  A. Permit Required. An Administrative Permit in for ADUS along with al Building Permit. B. Reviewa and Approval -1 Ministerial Review. An Administrative Chapter 17.05 for an ADU shall be considered and discretionary review or a hearing, notwithstanding permits within 60 days ofacceptance  compliance with Chapter 17.05 is required  Permit in compliance with approved ministerially without issuance ofy variances or special use  65901 or 65906 or any local ordinance regulating the California Government Code Sections concurrently with a permit application application to to create an ADU be submitted the lot, in which case the Cityshall not act on create the a ADU new single-family dwelling on City acts on the permit application for the new single-family permit application until the applicant requests a delay, in which case the sixty (60)-day dwelling unit; or The tolled for the period of the delay. If the City has not acted time period shall be application for the ADU within 60 days, and neither of the upon the completed 65852.2 shall not be subject to design and under subdivision (e)of Government Code noted in this Chapter. ADUS that do not meet development objective standards except for those that are Conditional Use Permit, ift the applicant chooses through. an ancillary discretionary process, applicant assumes time and monetary costs to pursue this route. In this scenario, the  . Exception: Should the permit ofa complete application.  met, then the application for the ADUS  above exceptions are  C. ADU shall be subject to this section and shall be deemed approved.  design standards may still be permitted  and ministerial development and  process.  associated with a discretionary approval  1751.030-Submital Requirements.  Ordinance Deleting Section 17.50.060 Additional Dwellings and. Adding Ch 17.51. ADU's  Page 3of13    A. The completed application, Administrative Permit, shall be  Division on an application form prepared by the City Planner submitted to the Planning submittal requirements as defined by Chapter 17.05 (Uses and shall include the Administrative Approval). Upon: approval oft the Administrative Permit, Permitted Subject to Council and said fees shall be, but not limited to. Administrative established by the City  submit a building permit application. Fees for an ADU shall be Building Plan Check Fees. Building Permit Fees. and state  the applicant shall Permit Application, mandated fees relating to the  issuance of building permits. 17.51.040 - Type of Accessory Dwelling Units. A. Types of Accessory Dwelling Units.  1. Attached ADU. An ADUattached to an existing or proposed primary located on the same lot as the proposed or existing primary dwellingand provides complete independent living facilities for one (I)orn dwelling, which include permanent provisions for living. sleeping, eating, more persons. Itshall 2. Detached ADU. An ADU structurally independent separate from the main house. or proposed primary dwelling and located on the and detached from an existing for one (I) or more persons. It shall include complete independent living facilities  The attached ADU shall have an exterior entrance existing primary dwelling. which provides sleeping, eating, cooking, and sanitation. habitable space, such as: entrance: or exterior entrance:or  cooking, and sanitation. same lot as the proposed or permanent provisions for living,  3. Internal Conversion ADU. An ADU may be located within  areas converted to garage) separate exterior a separate space building  An area within an existing single-family dwelling (e.g., attached and on the same lot as the existing dwelling with a ii. An existing accessory structure (e.g. detached garage or located on the same lot as an existing single-family dwelling with pool house) ii. Portions ofexisting multi-family structures that are not used as livable including but not limited to storage rooms. boiler rooms. attics, basements, or garages. if each unit complies with state passageways,  standards for dwellings.  17.51.050 - Number and Types of ADUS Permitted PerLegal A. Lots with a Single-Family Dwelling. The following Parcel or Lot.  allowed per lot that isz zoned to allows single-familyn residential number and types of ADUS shall be  or existing single-family dwelling. 1. One (I)attached ADU:or 2. One (I)detached. ADU:and 3. One (1)JADU (See Section 17.51.120). proposed or existing multi-family dwelling.  uses andi includes aj proposed  B. Lotswith a Multi-Family Dwelling(s). The following number and  allowed per lot that is zoned to allow multi-family residential types of ADUS shall be 1, Conversion oft non-livable spaces to create ADU(s). At least one ADU theportions of existing multi-family structures, from the conversion (1) ofr non-livable within  uses and includesa  Ordinance Deleting Section 17.50.060. Additional Dwellings and. Adding Ch 17.51 ADU's  Page 40 of13    area, shall be allowed per lot that is zoned to allow multi-family residential uses and includes an existing multi-family structure. so long as it does not exceed 25 percent oft the total number of existing dwelling units. ADUS within multi-family structures must be converted from non-livable areas and if no non-livable areas 2. Detached ADU(s). Not more than two (2) ADUS, conversion of existing accessory structures and/or new construction, that are located on a lot that is zoned to allow multi-family residential uses and includes an existing or proposed multi-family  exist, no ADUS will be permitted.  dwelling.  17.51.060- - Development Standards. A. Site/Location Requirements.  1. Minimum Lot Size. ADUS that comply with this Chapter shall be permitted on all 3. Space Between Buildings shall be established in the applicable zone district. 1. Detached ADU. The maximum floor area ofan new construction ofac detached ADU 2. Attached ADU. The maximum floor area of an attached ADU shall not exceed 50 percent oft the floor area oft the existing primary dwelling for an attached ADUI but C. Height and Number of Stories. All ADUS shall comply with the minimum height D. Setbacks. All ADU Setbacks shall ensure accessibility for health and safety emergency personnel and shall provide site visibility at street and alley intersections. The sidey yard setbacks listed below ensure health and safety access by emergency personnel and site visibility at streeti intersections. Where utility easements exist, should the minimum setback encroach into the easement, the setback shall be increased to be equal to or greater than the 1. Front Yard Setbacks. All ADUS shall meet the minimum front yard setback as 2. Rear and Side Yard Setbacks shall be the minimum as listed below, except where i. Interior Side Yard Setbacks: Interior Side Yard shall bean minimum off four ii. Corner Side Yard Setback - Corner yard setback shall be six (6) feet. ii. Interior Rear Yard Setback: Interior Rear Yard Setback shall be a minimum iv. Corner Rear Yard Setback: Corner Rear Yard Setback for corner lot shall 3. When an existing structure is converted to an ADU, and the existings structure either has no setbacks or has setbacks of less than four (4) feet, then the ADU shall maintain the same setbacks as the existing structure or setbacks off four (4) feet from the side and rear yards, whichever is less, if the ADU is constructed in the same  legally established parcels.regardless of parcel size.  2. Lot Coverage. Not applicable.  B. Size and Floor Area.  is1,200 square feet.  isp permitted to be at least 800 square feet. restrictions as established in the applicable zone district.  width oft the utility easement(s).  established in the applicable zone district. public utility casement(g)requires a greater setback.  (4)feet.  off four (4) feet for interior lots. beaminimum ofsix (6) Feet.  location and to the same dimensions as the existing structure.  Ordinance Deleting Section 17.50.060. Additional Dwellings and Adding Ch 17.51 ADU's  Page 5of13    Conversion of existing structures to an ADU not meeting the setbacks shall be designed and/or retrofitted to meet the Fire minimum  codes.  and Building This space shall not be and site visibility at  E. Parking Requirements.  1. One (I)parking space shall be provided per ADU, where applicable. may be provided as tandem parking on a driveway where the do not block sidewalks nor pedestrian access. Parking of vehicles parking of vehicles within four (4) feet ofthe interior side yard and shall not be corner side yard setbacks. The four (4) foot and six (6) within six (6) feetofa to ensure health and safety access by emergency personnel foot non-parking areas are 2. When a garage, carport, or covered parking structure is demolished with the construction of an ADU or converted to an ADU. replacement in conjunction not required. Off-street parking may be within the front yard setback parkingi is be designed as tandem parking or other design that accommodates area and may parking. The City code requires two (2)off-street parking but does not require garages nor carports for off-street parking. spaces per dwelling unit street parking spaçes are required and when required one off-street Therefore, two-off- ADU. As noted, tandem parking shall not block sidewalks 3, Exceptions. No parking shall be required for ADUS in or public access.  street intersections.  off-street parking for the any of the following and historically significant  instances:  TheADUi is located within one-halfmile walking ii. The ADU is located within an architecturally distance ofp public transit. iii. The ADU is part of the proposed or existing primary iv. When on-street parking permits are required but not offered  historic district. accessory structure. occupant(s) oft the ADU.  residence or an  to the  F.  V. There is a car share vehicle located within one  Architectural Review. The construction ofnew ADUS shall bes (I)block oft the ADU. G. Access and Entry. An ADU shall have a separate Developmen/Arehiseur.l Standards. use or accessory building and shall not be considered to be deemed to be an accessory the lot upon which it is located and shall be deemed exceed the allowable density for ADU shall not be considered in the application use and zoning designations for the lot." The  Single-family dwellings and mobile homes - shall be from the side or rear yard.  subject to Section 17.50.130 entry from the primary residence and  H. Density Limits. An ADUthat conforms to the ordinance shall consistent with the existing general plan land tolimit residential growth. 17.51.070- - Other Requirements. A. Availability ofUtilities.  to be a residential use which is of any local ordinance, policy, or program  1. Utility Connections. ADUS may be subject to utility connections 2. Private Sewage Disposal System. ADUS not serviced by the  herein.  as provided Services Page 6of13  system must receive clearance from the Kern County Public City's Health wastewater  Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU's    Department. The applicant shall provide clearance to the City Building Division B. Addressing. The ADU shall be required to apply for and pay the adopted addressing fee for the proposed ADU(s). whether the ADU is an attached or detached. The address must C. Fire Sprinklers. Installation of fire sprinklers may not be required in ADUS (attached. detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers. any ADU created after that alteration must be provided with fire sprinklers. (Government Code Section 65852.2. subds. (a)(I)(D)(xi) and (e)(3).) Please note. for ADUS created on lots with multifamily residential structures. the entire residential structure shall serve as the "primary residence" for the purposes of this analysis. Therefore. if the multifamily structure is served by fire sprinklers, the ADU can ber required to install fires sprinklers. For additional guidance on ADUS and fire sprinkler system requirements. please consult the Office ofthe State Firel Marshal. Iffires sprinklers are not required for the primary residence, then installation of fire sprinklers is not required in an ADU. However, if the primary residence undergoes significant remodeling and is required to install fire sprinklers, an ADU created after the remodel would also be required to install fire sprinklers. D. Solar Panels. New ADUsare: subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems ift the unit(s) is a newly constructed, non- manufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC). the solar systems can be installed on the ADU or on the primary dwelling unit. ADUS that are constructed within existing space. or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to E. Flood Elevation Certification. All ADUS are required to comply with Chapter 15.32 Floodplain Management when the proposed ADU is located within the FEMA Flood Hazard area which has aone(D,percent annual chance for shallow flooding. Ifapplicable. prior to the issuance of the building permit, compliance with Section 15.32.170/C)and (D)oft the Arvin Municipal Code and prior to the issuance oft the building permit. al Flood F. Building Code compliance is required for all ADUS. The Building Division will not issue final building permits for an ADU before approval of building permits for the primary G. Kern County Fire Department Clearance shall be required prior to the issuance of a H. Other Code compliance as may be applicable. such as but not limited to encroachment  prior to the issuance ofal building permit. bea assigned prior to the issuance oft the building permit.  provide solar systems.  Certification shall be provided.  dwelling.  building permit for an ADU.  permits. lot mergers. lot line adjustments, etc. 17.51.080 - Occupancy, Rental, and Sale Limitations A. Owner Occupancy shall not be required for ADUS. B. Rental of ADUS shall be a minimum of 30 days.  Ordinance Deleting Section 17.50.060 Additional Dwellings and. Adding Ch 17.51 ADU's  Page 7of13    C. Separate Conveyance. An ADU may be rented separate from mayr not be sold or otherwise conveyed separate from the  the primary residence but  sold byac qualified nonprofit corporation to a qualified buyer primary in residence, except when Government Code Section 65852.26 with affordability restrictions. accordance with Califomia  17.51.090 - Fee Requirements.  A. Connection Fees or Capacity Charges. An ADU shall residential use for the purposes of calculating constructed, the new ADU and new residential B. Impact Fees. Impact fees shall not be imposed on an ADU For ADUS that are greater than 750 sf. ins size. Permit Processing Fee. Application fees shall be as established unit. Council for the processing of the planning and  not be considered to be a new  utilities. including water and sewer service. unless connection the ADU fees or capacity chargers for single-family dwelling. Where a new ADU and new residential was constructed with a new Connection Fee in place at the time of submittal. unit shall pay the applicable Sewer inrelation to the square footage oft the primary dwelling impact fees charged shall be proportionate such as but not limited to file maintenance and building permit applications. Other fees mandatory fees associated with building permits technology feess shall be required. All state for wastewater. Water service is provided by Arvin subject to the monthly utility fees such an ADU may be subject to the monthly utility fees Community for domestic Services District and as an ADU that receives a notice to correct violations Chapter 17.52, to the contrary, an owner of ADU.may request a delay for five years in in enforcement or abate nuisance. in relation to the as the violation is not a health and safety issue as determined ofa building standard, as long Official, subject to compliance with the Health and Safety Code Section by the City's Building  unit is applied for and thati is less than 750 sf. in size. by resolution of the City  D. Monthly Charges for Sewer and Water. ADUS shall shall be be required.  water service.  1751.100-Conditions for Non-Conforming Uses and A. Nonconforming Conditions. Notwithstanding Structures.  following conditions:  17980.12and the but the ordinancei is  1. The ADU was built before. January 1.2020. 2. The ADU was built on or after January 1. 2020. in a local compliant at the time the request is made.  time the ADU was built. had a noncompliant ADU ordinance, jurisdiction that, at the  17.51.110-1 Definitions Accessory Dwelling Units. terms have the following meanings.  For purposes ofthiss section, the following  A. "Accessory dwelling unit" means an attached or a detached  provides complete independent living facilities for one or residential dwelling unit that al lot with aj proposed or existing primary residence. It shall more persons and is located on for living.sleeping, eating. cooking. and sanitation on thes same include permanent provisions ormultifamily dwelling is or will bes situated. An accessory dwelling parcel as the single-family b. Amanufactured home, as defined in Section 18007 oft the Health and Safety Code.  following:  unit also includes the  a. Ane efficiency unit.  Ordinance Deleting Section 17.50.060 Additional Dwellings and. Adding Ch 17.51. ADU's  Page 8 of13    B. "Accessory structure" means a structure that is accessory and incidental to a dwelling C. "Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and D. "Living area" means the interior habitable area of a dwelling unit, including basements E. "Local agency" means a city, county, or city and county, whether general law or chartered. F. "Nonconforming! zoning condition". means aj physical improvement on aj property that does G. "Passageway" means a pathway that is unobstructed clear to the sky and extends froma H. "Proposed dwelling" means a dwelling that is the subject ofa permit application and that "Public transit" means al location. including, but not limited to. a bus stop or train station, where the public may access buses, trains. subways. and other forms of transportation that J. "Tandem parking" means that two or more automobiles are parked on a driveway ori ina any K.. "Impact Fee" has the same meaning as the term "fee" is defined in subdivision (b)of Section 66000, except that it also includes fees specified in Section 66477. "Impact Fee" does not include any connection fee or capacity charge charged by a local agency, special L. Multiple detached dwellings on a loti in the R-2.R-3.and R-4 Zones: Al lot where there are currently multiple detached single-family dwellings is eligible for creation ofone ADUper lot by converting space within the proposed or existing space ofas single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards. (Government Code Section 65852.2, subds. (e)IXA)and (B).) M. Multifamily dwelling under ADU Law is as follows: For the purposes of State ADULaw, astructure with two or more attached dwellings on a single lot is considered ar multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purposes of State ADULaw.  located on the same lot. Safety Code.  and attics, but does noti include a garage or any accessory structure.  not conform with current zoning standards. street to one entrance of the accessory dwelling unit. meets the requirements for permitting.  charge set fares. run on fixed routes. and are available to the public. other location on a lot, lined up behind one another.  district. or water corporation.  17.51.120- - Junior Accessory Dwelling Units.  A. Permitted one (I)junior accessory dwelling units (JADU) in single-family residential B. An administrative permit shall be required for the creation ofa JADU. and shall do all the 1. One (I)JADU per residential lot zoned for single-family residences with a single- 2. Require owner-occupancy in thes singl-familyresidene. in which the JADUwill be permitted. The owner may reside in either the remaining.portion oft the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing 3. Require the recordation ofa deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following.  zones. following:  family residence built, or proposed to be built, on the lot.  organization.  Ordinance Deleting Section 17.50.060. Additional Dwellings and Adding Ch 17.51 ADU's  Page 90 of13     Aprohibition on the sale oft the. JADU separate from the family residence. including a statement that the deed restriction sale ofthes single- ii. Arestriction on the size and attributes of theJADU that conforms  enforced against future purchasers.  may be with this  section. single-family residence. orexisting single-family residence.  4. A permitted JADU shall be constructed within the walls of 5. TheJ JADUshall provide a separate entrance from the main entrance to 6. The JADU shall provide an efficiency kitchen, which shall  proposed or existing the proposed include all of the  following:  Acooking facility with appliances.  ii. Afood preparation counter and storage cabinets that are of reasonable inrelation to the size oft the junior accessory dwelling  size  7. AJADUshall not require additional  as  unit.,  C.J JADU shall be required to submit a building parking permit a condition to grant aj permit. clearance. Administrative Permit and Maintenance and pay adopted fees for planning checks. building permit, inspection. including the imposition Fees. building fees relating to plan D. An application foraJ JADU, notwithstanding State building of California standards. 65901 or 65906 or any local ordinance regulating the issuance Government of permits. be considered ministerially, without discretionary variances or special use Planning Division shall act on a completed application to review or a hearing. The may delay acting on the permit application for the dwelling JADU on the lot, the permitting agency on the permit application to create the new single-family until the permitting agencya acts create the JADUI shall still be considered ministerially dwelling, but the application to hearing. Ifthea applicant requestsad delay, the 60-day time period without discretionary review ora Fees. and state mandated fees relating to the Building Plan Check Fees. Building Permit considered a separate or new dwelling unit. This section or shall regulation, a JADU shall not be city, county, city and county, or other local public entity from not be construed to prohibit a contains a. JADU so long as the ordinance or regulation withinas single-family residence that residences within the zone regardless ofy whether the single-family applies uniformly to alls single-family JADU shall not be considered a separate or new or power, including a connection fee.a regulation.related to parking or a service or a connection agency fec for from adopting an ordinance or applies to a single-family residence that contains a JADU. water, sewer, or power, that  determine ift the. JADU complies with applicable  ofaf fee for that inspection. to  Code, Section  from the date the local agencyreceives: a completed family dwelling on the lot. Ifthe permit application application to permit application to create a new single-family  create a JADU within 60 days iftherei is an existing single- create a JADU is submitted with a  ofthe delay.  shallbetolled fort thep period said fees shall be, but not  E. Fees fora. JADU shall be established by the City Council and limited to, Administrative Permit Application, F. For purposes of any fire or life protection ordinance issuance of building permits.  regulation relating to fire and life protection requirements  adopting an ordinance or residence includesaJADU  ornot.  G. For purposes of providing service for water, sewer, H. This section shall not be construed to prohibit a local dwelling unit.  so long as that ordinance or  Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51 ADU's  Page 10of13    regulation applies uniformly to all single- family residences regardless of whether the Section 17.51.130 Definitions Junior Accessory Dwelling Unit (JADU). For purposes oft this A. "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. Aj junior accessory dwelling unit mayinclude: separate sanitation facilities. orr mays share sanitation facilities with the existing B. "Local agency" means a city, county, or city and county, whether general law or chartered. C. Effective January 1. 2020. Section 17980. 12 was added to the Health and Safety Code, immediately following Section 17980.11, to read: For purposes of this section, the a. "Junior accessory dwelling unit" means a unit that is no more than 500 square feet ins size and contained entirely within a single-family residence. Aj junior accessory dwelling unit may include separate sanitation facilities or may share sanitation b. "Local agency" means a city, county, or city and county, whether general law or D. Effective January I. 2020 Section 17980.12 was added to the Health and Safety Code. a. 17980.12.(1)An enforcement agency, until January 1.2 2030, that issues to an owner ofan accessory dwelling unit described in subparagraph (A) or (B)below, a notice tocorrect a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision: The accessory dwelling unit was built before January 1.2020. ii. The accessory dwelling unit was built on or after January 1.2020. in al local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is iii. The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described inj paragraph (I)may, in the form and manner prescribed by the enforcement agency.submit: an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not iv. The enforcement agency shall grant an application described in paragraph (2)if the enforcement determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire V. The enforcement agency shall not approve any applications pursuant to this section on or after January 1. 2030. However, any delay that was approved  single-family residence includes a JADU.  section, the following terms have the following meanings:  structure.  following terms have the following meanings:  facilities with the existing structure.  chartered.  immediately following Section 17980.11. to read:  compliant at the time the request is made.  necessary to protect health and safety.  Marshal pursuant to Section 13146.  Ordinance Deleting Section 17.50.060 Additional Dwellings and Adding Ch 17.51. ADU's  Page 11 of13    by the enforcement agency before January 1.2030. shall be valid for the full term oft the delay that was approved at the time oft the initial approval ofthe  application pursuant to paragraph (3).  b. For purposes oft this section. "accessory dwelling unit" has the same meaning as C. This section shall remain in effect only until January 1.2035. and as of that date is Ifany section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity oft the remaining portions ofthis ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion oft the ordinance would be subsequently declared invalid or unconstitutional. 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 bej published once in a newspaper  defined in Section 65852.2. repealed.  of general circulation. III IIIIII IIIIII IIIIII IIIIII IIIIII IIIIII IIII IIIII IIIIII IIIIII IIIIII IIIIII  Ordinance Deleting Section 17.50.060 Additional Dwellings and. Adding Ch 17.51 ADU's  Page 12 of13    IHEREBY CERTIFY that the foregoing Ordinance wasi introduced by the City Council after waiving reading, except by Title, at ai regular meeting thereof1 held on the October 10, 2023, and adopted the Ordinance after the second reading at a regular meeting held on the October 24,  2023, by the following roll call vote:  AYES: CMI Murillo, CMJ Reyes, CM Horton. MPTI Borreli  NOES: ABSTAIN: ABSENT: Mayor Trujillo  ATTE  mh  CECILIA VELA, City Clerk  CITY OF ARVIN y:  D OLIVIA' TRUJILLO,Mayor  APPROVED. AS' TO: FORM  By:  NATHAN HODGES, City Attorney Hodges Law Group  I,  City Clerk of the City of Arvin, California, DO HEREBY  CERTIFY that the foregoing is a true and accurate copy oft the Ordinance passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated! herein.  Ordinance Deleting Section 17.50.060. Additional Dwellings and Adding Ch 17.51 ADU's  Page 13of13    STATE OF CALIFORNIA- BUSINESS. CONSUMER SERVICES ANDJ HOUSINGI AGENCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT  GAMINEWSOM.Cpsne  DIVISION OF HOUSING POLICY DEVELOPMENT 651 Bannon Street, Suite 400 Sacramento, CA 95811 (916)263-2911/FAX (916)2 263-7453 www.hncd.ca.goy  September 23, 2024  Chris Soriano, City Planner Community Development Department City of Arvin 200 Campus Drive Arvin, CA 93203 Dear Chris Soriano:  RE: Review of Arvin's Accessory Dwelling Unit (ADU) Ordinance under State ADU Please Note: As of March 25, 2024, with the Chaptering of Senate Bill (SB) 477 (Chapter 7, Statutes of2 2024), the sections of Government Code relevant to State ADU Thank you for submitting the City of Arvin (City) accessory dwelling unit (ADU) Ordinance No. 2023-486 (Ordinance), adopted October 24, 2023, to the California Department ofH Housing and Community Development (HCD). The Ordinance was received on December 26, 2023. HCD has reviewed the Ordinance and submits these written findings pursuant to Government Code section 66326, subdivision (a). HCD finds that the Ordinance fails to comply with State ADU and JADU Law in the manner noted below. Pursuant to Government Code section 66326, subdivision (b)(1), the City has up to 30 days to respond to these findings. Accordingly, the City must provide a The Ordinance addresses many statutory requirements; however, HCD finds that the 1. Statutory Numbering - The Ordinance contains several references to code sections that were deleted by SB 477, effective March 25, 2024. These include Government Code sections 65852.2, 65852.22 and 65852.26. The contents of these sections were relocated to Government Code, Title 7, Division 1, Chapter 13 (sections 66310-66342, see Enclosure). The City must amend the Ordinance to refer to the correct code sections. 2. Sections 17.51.020, 17.51.030, 17.51.120.B, 17.51.120.E-, Administrative Permit Process - Section 17.51.020 of the Ordinance states, "An Administrative Permit in compliance with Chapter 17.05 is required for ADUS along with a Building Permit" and it' "shall be considered and approved ministerially without discretionary review or a hearing." " Section 17.51.030 of the Ordinance also makes several references to the Administrative Permit requirement. Section  Law (Gov. Code, SS 66313 -6 66342)  and JADU Law have been re-numbered (Enclosure 1).  written response to these findings no later than October 23, 2024. Ordinance does not comply with State ADU Law as follows:    Chris Soriano, City Planner  Page 2  17.51.120.B oft the Ordinance states, "An administrative permit shall be required for the creation ofa a JADU." Section 17.51.120.E of the Ordinance states: "Fees for a JADU shall be established by the City Council and said fees shall be, but not limited to, Administrative Permit Application, Building Plan Check Fees, Building Permit Fees, and state mandated fees relating to the issuance of building permits." Arvin Municipal Code (AMC) section 17.05.030 describes the required findings to approve an Administrative Permit, including: "That the proposed use will be harmonious with existing structures and uses of land in However, "A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits."1 Additionally, "objective standards" are defined as: standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. "2 Ministerial approval must only be based on objective standards, but some of the required findings for an Administrative Permit, are not objective. The Administrative Permit process is not ministerial, it is discretionary. Therefore, the Ordinance contradicts itself when it says an Administrative Permit is required for an ADU or JADU and the review must be ministerial. The review of an ADU or JADU application must be ministerial, but that cannot be accomplished through the current Administrative Permit process. Therefore, the City must amend the Ordinance to delete the requirement for an Administrative 3. Section 17.51.020.B.1 - Review Process - The Ordinance states, "Should the permit application to create an ADU be submitted concurrently with a permit application to create a new single-family dwelling on the lot, in which case the City shall not act on the ADU permit application until the City acts on the permit application for the new single-family dwelling unit; or The applicant requests a delay, in which case the sixty (60)-day time period shall be tolled fori the period of the delay. If the City has not acted upon the completed application for the ADU within 60 days, and neither of the above exceptions are met, then the application for the ADU shall be deemed approved" (emphasis added). However, Government Code section 66317, subdivision (a), uses the phrase "approve or deny" instead of "act on". Additionally, "If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.' "3 State ADU Law uses the  the vicinity."  Permit and associated fees for ADUS and for JADUS.  1Gov. Code, S 66317, subd. (a). 2Gov. Code, S 66313, subd. (h). 3Gov. Code, S 66317, subd. (b).    Chris Soriano, City Planner  Page 3  phrase "approve or deny" sO that local agencies refrain from other actions that could delay ADU approval beyond the timeframes established by law. The law also requires a full set of comments to reduce the likelihood that an applicant would have to resubmit an ADU application multiple times. Therefore, the City must amend the Ordinance to replace phrases like "act on" with "approve or deny" and to require a detailed set of comments in cases where an application is 4. Section 17.51.020.C - Development Standards for Statewide Exemption ADUS- The Ordinance states, "ADU shall be subject to this section and under subdivision (e) of Government Code 65852.2 shall not be subject to design and development standards except for those that are noted in this Chapter." However, Government Code section 65852.2, subdivision (e)(1) has been renumbered. The new section states: Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following."4, and lists the four types of statewide exemption ADUS, two of which can be combined with a JADU. ADUS approved under section 66323 are not subject to development standards which conflict with section 66323. Therefore, the City must amend the Ordinance to note that ADUS approved under section 66323 are 5. Section 17.51.050 & 17.51.110.L - Number and Types of ADUS Allowed- Section 17.51.050 of the Ordinance states, "A. Lots with a Single-Family Dwelling. The following number and types of ADUS shall be allowed per lot that iszoned to allow single-family residential uses and includes a proposed or existing single-family dwelling. 1. One (1) attached ADU: or 2. One (1) detached ADU; and 3. One (1) JADU (See Section 17.51.120)" (emphasis added). The Ordinance continues regarding lots with multifamily dwellings: Conversion of non-livable spaces to create ADU(s). At least one (1). ADU within the portions of existing multi-family structures, from the conversion of non-Livable area shall be allowed per lot that is zoned to allow multi-family residential uses and includes an existing multi-family structure so long as it does not exceed 25 percent of the total number of existing dwelling units. ADUS within multi-family structures must be converted from non-livable areas and if no non-livable areas exist no ADUS will be permitted" (emphasis added). Section 17.51.110.L of the Ordinance states, "AI lot where there are currently multiple detached single- family dwellings is eligible for creation of one ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards"( (emphasis added). Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling... () The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family  denied.  not subject to conflicting development standards.  4Gov. Code, S 66323, subd. (a).    Chris Soriano, City Planner  Page 4  dwelling or existing space of a single-family dwelling or accessory structure." Paragraph (2) permits "Tone detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks." "5 The use of the term "any" followed by an enumeration of by-right ADU types permitted means that any of these ADU types can be combined on a lot zoned for single-family dwellings. This permits a homeowner, who meets specified requirements, to create one converted ADU; one detached, new construction ADU; and one JADU. Thus, ift the local agency approves an ADU that is created from existing (or proposed) space, and the owner subsequently applies for a detached ADU (or vice versa) that meets the size and setbacks pursuant to the subdivision, the local agency cannot deny the application, nor deny a permit fora a This subdivision applies equally to ADUS created pursuant to Government Code section 66323, subdivisions (a)(3) and (a)(4), on lots with proposed or existing multifamily dwellings. Limiting single-family lots to one ADU would prevent property owners from creating ADUS by-right under section 66323. Limiting multifamily lots to either conversion ADUS or detached ADUS would prevent property owners from creating ADUS by-right under section 66323. The phrase "so long as" in bold above is unlawful because one multifamily conversion ADU must always be allowed in non-habitable space, despite the 25 percent calculation (i.e., if there were two or three multifamily primary units, one multifamily conversion ADU would still be allowed). The phrase "if no non-livable areas exist no ADUS will be permitted" in bold above is unlawful because two multifamily detached ADUS would still be permissible in the scenario described. Therefore, the City must amend the Ordinance to allow all the ADUS which are 6. Section 17.51.060.A.3 - Distance Between Buildings = The Ordinance states, "Space Between Buildings shall be established in the applicable zone district." However, Government Code section 66323, subdivision (a), prohibits the application of conflicting development standards to statewide exemption ADUS. For other ADUS, the distance between buildings requirements may be applied, but those requirements are not specifically cited in the Ordinance, which creates confusion for people who are unfamiliar with the City's zoning code. Therefore, the City must amend the Ordinance to note that statewide exemption ADUS approved under section 66323 are exempt from distance between buildings requirements. The City should also amend the Ordinance to cite the code sections where the specific requirements for distance between buildings are  JADU under this section.  permissible under Government Code section 66323.  located.  5 Gov. Code, S 66323, subds. (a)(1)-( (a)(2).    Chris Soriano, City Planner  Page5  7. Section 1751.06082-Exempton from Development Standards = The Ordinance states, "The maximum floor area of an attached ADU shall not exceed 50 percent oft the floor area of the existing primary dwelling for an attached ADU but is permitted to be at least 800 square feet." However, a local agency shall not establish by ordinance, "Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. "6 The quoted section of the Ordinance is correct. However, Government Code section 66321, subdivision (b)(3) exempts certain ADUS from more than just a maximum size based on a percentage of lot area. Therefore, the Ordinance should be amended to note the full range of development standards 8. Section 17.51.060.C - Height Limits - The Ordinance states, "All ADUS shall comply with the minimum height restrictions as established in. the applicable zone district." However, a local agency shall not establish, "Any height limitation that does not allow at least the following, as applicable.. "7and lists four different scenarios with different ADU height limits. Additionally, "No local ordinance, policy, or regulation, other than an accessory dwelling unit ordinance consistent with this article shall be the basis for the delay or denial of a building permit or a use permit under this section." "8 The Ordinance does not state what the applicable ADU height limits are, nor does it cite the code sections where the height limits are listed. Therefore, the City must amend the Ordinance to specifically cite the code sections with all the referenced height limits and if any of them are more restrictive than those allowed by Government Code section 66321, subdivision (b)(4), the City must also amend the Ordinance to comply 9. Section 17.51.060.D.1 - Front Setbacks - The Ordinance states, "All ADUS shall meet the minimum front yard setback as established in the applicable zone district." However, Government Code sections 66321, subdivision (b)(3) and Government Code section 66323, subdivision (a), require local agencies to approve ADUS regardless of front setback requirements, when certain conditions are met. The Ordinance does not make the required exceptions from front setback requirements. Therefore, the City must amend the Ordinance to exempt ADUS meeting the criteria of sections 66321 and 66323 from front setback  that certain ADUS are exempt from under section 66321.  with subdivision (b)(4).  requirements.  6Gov. Code, S 66321, subd. (b)(3). 7( Gov. Code, S 66321, subd. (b)(4). 8 Gov. Code, S 66317, subd. (c).    Chris Soriano, City Planner  Page6 6  10.Section 17.51.060.D.2- Corner Lot Setbacks - The Ordinance states that, "Corner yard setback shall be six (6) feet" and "Corner Rear Yard Setback for corner lot shall be a minimum of six (6) Feet." However, "No setback shall be required for an existing living area or accessory structure or a structure constructed ini the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion ofan accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure."9 State ADU Law does not allow local agencies to impose side or rear setback requirements greater than four feet on lots inland of the Coastal Zone. Therefore, the City must amend the Ordinance to delete the six-foot side and rear setback requirements 11.Section 17.51.060.E.3 - Exceptions to Parking Requirements - The Ordinance states, "No parking shall be required for ADUS in any of the following instances." and lists five instances. However, parking requirements are prohibited "When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph." "10 The Ordinance lacks this exception. Therefore, the City must amend the Ordinance to add the exception from parking 12.Section 17.51.060.F - Architectural Standards = The Ordinance states, "The construction of new ADUS shall be subject to Section 17.50.130 Single-family dwellings and mobile homes - DevecpmentArehtecura Standards." AMC section 17.50.130 includes standards for roof overhangs, roofing materials, roof pitch, siding material, minimum square footage, foundations, and deviations. However, "The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present at threat to public health and safety and are not affected by the construction of the accessory dwelling unit." 11 Additionally, an ADU may include an efficiency unit" as defined in Health and Safety Code section 17985.1.12 The standards on roof overhangs, materials, pitch, and siding material would be problematic in a case where an applicant was attempting to permit a nonconforming ADU which meets safety standards, since the Ordinance does not make this exception. The Ordinance's application of a minimum square footage of 775 square feet to ADUS would preclude certain efficiency units that must be allowed, and which may be  for corner lots.  requirements cited in this paragraph.  9Gov. Code, S 66314, subd. (d)(7). 10 Gov. Code, S 66322, subd. (a)(6). 11 Gov. Code, S 66322, subd. (b). 12 Gov. Code, S 66313, subd. (a)(1).    Chris Soriano, City Planner  Page7  as small as 150 square feet. Therefore, the City must amend the Ordinance to 1) note the exception from development standards cited in this paragraph and 2) exempt ADUS from the minimum floor area of 775 square feet. 13.Section 17.51.060.G - ADU Entry - The Ordinance states, "An ADU shall have a separate entry from the primary residence and shall be from the side or rear yard." However, Government Code section 66323, subdivision (a), exempts statewide exemption ADUS from conflicting development standards. The Ordinance fails to note this exception. Therefore, the City must amend the Ordinance to clarify that statewide exemption ADUS are not subject to this 14.Section 17.51.060.H- Consistency with General Plan and Zoning - The Ordinance states: "An ADU that conforms to the ordinance shall be deemed to be an accessory use or accessory building and shall not be considered to exceed the allowable density for the lot upon which iti is located and shall be deemed to be a residential use which is consistent with the existing general plan land use and zoning designations for the lot. The ADU shall not be considered in the application of any local ordinance. policy, or program to limit residential growth" (emphasis added). Government Code section 66314, subdivision (c) states an ADU ordinance shall: "Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot." State ADU Law makes it clear that subdivision (c) applies to all ADUS, not just conforming ADUS. As noted above, Government Code section 66322, subdivision (b) requires local agencies to approve nonconforming ADUS that do not present a threat to public health and safety. Therefore, the City must amend the Ordinance to state that all ADUS, not just those that conform to the Ordinance, are subject to the protections of 15. Section 17.51.120 - One JADU PerL Lot- - The Ordinance permits,".. ..one (1) junior accessory dwelling units (JADU) in single-family residential zones" (emphasis added). However, a JADU ordinance shall, "Limit the number ofj junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot."13 In a probable typo, the Ordinance uses the plural "units" after correctly noting the limit of one JADU ("per residential lot" appears directly below in the Ordinance), which could create confusion in the context of the quoted sentence. Therefore, the City should correct the Ordinance to replace "units" with "unit per  requirement.  Government Code section 66314, subdivision (c).  lot."  13 Gov. Code, S 66333, subd. (a).    Chris Soriano, City Planner  Page 8  16.Section 17.51.120.B.4-, JADU. Attached Garage Conversion - The Ordinance states, "A permitted JADU shall be constructed within the walls of proposed or existing single-family residence." However, a JADU ordinance shall, "Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence." ."14 The Ordinance omits the important sentence about an attached garage being eligible for conversion to aJADU. Thereforé, the City must amend the Ordinance to note that an attached 17.Section 17.51.120.B.5 - JADU Entrances - The Ordinance states, "The JADU shall provide a separate entrance from the main entrance to the proposed or existing single-family residence." However, a JADU ordinance shall also include the requirement that "If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. "15 The Ordinance is silent on this issue. Therefore, the City must amend the Ordinance to incorporate the requirement for an interior doorway between the JADU and the main house when the JADU does 18.Section 17.51.120.D - JADU. Approval or Denial - The Ordinance states, "The Planning Division shall act on a completed application to create a JADU within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the JADU until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the JADU shall still be considered ministerially without discretionary review or a hearing." " However, "The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing"16 (emphasis added). Additionally, "lfa permitting agency denies an application for a junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period  garage is eligible for conversion to a JADU.  not have its own bathroom.  14 Gov. Code, S 66333, subd. (d). 15 Gov. Code, S 66333, subd. (e)(2). 16 Gov. Code, S 66335, subd. (a)(2)-( (a)(3).    Chris Soriano, City Planner  Page 9  described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant."17 State law requires the permitting agency to approve or deny the application, but the Ordinance uses the more ambiguous and misleading phrases "act on," "acting on" and "acts on" instead. The Ordinance is silent on the requirement to provide a full set of detailed comments necessary to remedy the application if the application is denied. The Ordinance states that the Planning Division must act on the application, but all City departments must review the application concurrently within the timeframes specified in section 66335. For example, the Planning Division may not take the entire allotted time to approve or deny and then pass the application on Building and Safety. Therefore, the City must amend the Ordinance to 1) replace the three inaccuracies of"act on" with "approve or deny", 2) require a full set of detailed comments necessary to remedy the application in case of denial and 3) clarify that the City as a whole, is bound by the requirements of subdivision (c), as opposed to just the Planning Division. 19.Section 17.51.120.H : JADU Parking Requirements - The Ordinance states, "This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a JADU, sO long as that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a JADU" (emphasis added). However, "This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single- family residence that contains a junior accessory dwelling unit, sO long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit." "18 State ADU Law amended by SB 897 (Chapter 664, Statutes of 2022), effective January 1, 2023 no longer includes parking. The only remaining part of State JADU Law that mentions parking states, "An ordinance shall not require additional parking as a condition to grant a permit." Allowing the reference to parking to remain here will create confusion about the applicability of parking requirements in the zoning code that conflict with State JADU Law. Therefore, the City must amend the Ordinance to delete the reference to parking 20.Section 17.51.130.C - Health and Safety Code (HSC) Section 17980.12- - The Ordinance states, "Effective January 1, 2020, Section 17980.12 was added to the Health and Safety Code immediately following Section 17980.11. to read: For purposes of this section, the following terms have the following meanings:" and then goes on to define "junior accessory dwelling unit" and "local agency." Government Code section 66313 contains these definitions, not HSC section  ins section 17.51.120.H.  17 Gov. Code, S 66335, subd. (b). 18 Gov. Code, S 66338, subd. (b).    Chris Soriano, City Planner  Page 10  17980.12. Additionally, Ordinance section 17.51.130.D addresses HSC section 17980.12 in detail, starting by repeating the first sentence quoted above. The reference to HSC 17980.12 in section 17.51.130.C creates confusion. Therefore, the City should amend the Ordinance to delete the first sentence, which 21.Section 17.51.130.D - HSC Section 17980.12- The Ordinance reprints extended portions of HSC section 17980.12 here, regarding a five-year delay in code enforcement for certain ADUS. However, HSC Section 17980.12, subdivision (a)(3) states, "A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety." The City has omitted subdivision (a)(3) from the Ordinance. It is either necessary to include HSC section 17980.12 in its entirety int the Ordinance or provide a reference to this imperative section. The City must  references HSC section 17980.12.  amend the Ordinance accordingly to reflect the law.  Please note that the City has two options in response to this letter. 19 The City can either amend the Ordinance to comply with State ADU Law20 or adopt the Ordinance without changes and include findings in its resolution adopting the Ordinance that explain the reasons the City believes that the Ordinance complies with State ADU Law despite HCD's findings. 21 Ifthe City fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD must notify the City and may notify the California Office of the Attorney General that the City is in violation of State ADU Law. 22 HCD appreciates the City efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law. Please feel free to contact David Barboza, of our staff, at (916) 907-3002 or at  david.Darboza@hcd.ca.gov.  Sincerely, guma Jamie Candelaria  Candelaria  Senior Housing Accountability Manager Housing Policy Development Division  19 Gov. Code, S 66326, subd. (c)(1). 20 Gov. Code, S 66326, subd. (b)(2)(A). 21 Gov. Code, S 66326, subd. (b)(2)(B). 22 Gov. Code, S 66326, subd. (c)(1).    State ADUIJADU Law Statutory Conversion Table  New Government Code Sections  Previous Government Code Sections  Article 1. General Provisions  66310 66311 66312 66313  65852.150 (a) 65852.150 (b) 65852.150 (c) General Definition Section 65852.2 () 65852.22 () 65852.2 (a)(8) 65852.2 (a)(6) 65852.2 (a)(3), (a)(7) 65852.2 (a)(9), 65852.2 (a)(2) 65852.2 (a)(10) 65852.2 (b) 65852.2 (c) 65852.2 (d) 65852.2 (e) 65852.2 () 65852.2 (9) 65852.2 (h) 65852.2 () 65852.2 (k) 65852.2 () 65852.2 (m) 65852.2 (n) 65852.23. 65852.22 (a) 65852.22 (b) 65852.22 (c) 65852.22 (d) 65852.22 (e) 65852.22 (f)-(g) 65852.22 (h) 65852.26 (b) 65852.26 (a) 65852.2 (a)(10)  Article 2. Accessory Dwelling Unit Approvals  66314 66315 66316 66317 66318 66319 66320 66321 66322 66323 66324 66325 66326 66327 66328 66329 66330 66331 66332 66333 66334 66335 66336 66337 66338 66339 66340 66341 66342  65852.2(a)1)CA). (D)()-(xi), (a)(4)-(5)  Article 3. Junior Accessory Dwelling Units  Article 4. Accessory Dwelling Unit Sales    CITY OF ARVIN  October 16, 2024  MAYOR Daniel Borreli MAYOR PRO1 TEM Susanal Reyes COUNCILI MEMBERS Donny! Horton Juan Murillo Timl Tarver CITY MANAGER JeffJ Jones  California Department ofHousing and Community Development  Division ofHousing 651 Bannon Street, Suite 400 Sacramento, CA 95811 (Sent USPS) David Barboza Davidhrlorgndagoy Telephone: 916-907-3002 Dear Jamie Candelaria:  Policy Development  Attn: Jamie Candelaria, Senior Housing Accountability Manager  The City of Arvin is in receipt of the California Department of Housing and Community Development (HCD) letter, dated September 23, 2024, detailing HCD's review of the City of Arvin (City) Accessory Dwelling Unit (ADU) Ordinance No. 2023-486, adopted October 24, 2023, submitted to HCD, received December 26, 2023. The following letter provides a written response to HCD's findings, numbered 1-21, and describes amendments to the City's ADU Ordinance to comply with State ADU and JADU law. The draft revised ADU Ordinance addressing HCD's comments is 1. Statutory Numbering The Ordinance has been amended to refer to the correct code sections in accordance with SB 477 and as codified in Government Code, 2. Administrative Permit Process - The Ordinance has been amended to delete the requirement for an Administrative Permit and associated fees for ADUS and 3. Review Process - The Ordinance has been amended to replace phrases like "act on" with "approve or deny" and to add provisions that require the city to provide in 4. Development Standards for Statewide Exemption ADUS - The Ordinance has been amended to note that ADUS approved under Government Code Section 66323 are 5. Number and Types of ADUS Allowed - The Ordinance has been amended all the ADUS which are permissible under Government Code Section 66323.  enclosed and referenced herein.  Title 7,1 Division 1, Chapter 13 (Sections 66310-66342).  JADUS.  writing a full set of comments where an application is denied.  not subject to conflicting development standards.  Phone (661)8 854-3134 Fax( (661)854-0817 2000 Campus Drive P.O. Box5 548 Arvin, California 93203 Page 1of3  to allow    HCD, Division of Housing Policy Development)  [October 16, 2024] Page 2of3  6. Distance Between Buildings The Ordinance has been amended to note that statewide exemption ADUS approved under Government Code Section 66323 are exempt from distance between buildings requirements. The Ordinance has also been amended to cite the code sections where specific requirements for distance between buildings are located. 7. Exemption from Development Standards - The Ordinance has been amended to note the full range of development standards that certain ADUS are exempt from under Government Code 8. Height Limits = The Ordinance has been amended to specifically cite height limits in 9. Front Setbacks - The Ordinance has been amended to exempt ADUS meeting the criteria of Government Code Sections 66321 and 66323 from front setback requirements. 10. Corner Lot Setbacks The Ordinance has been amended to delete the six (6) foot side and 11.1 Exceptions to Parking Requirements - The Ordinance has been amended to include the exception for When a permit application for an ADU is submitted with aj permit application to create ai new single-family dwelling or a new: multifamily dwelling on the: same lot." 12.4 Architectural Standards - The Ordinance has been amended to remove reference to Section Standards and replace the language with reference to objective architectural standards. 13. ADU Entry - The Ordinance has been amended to clarify that statewide exemption ADUS are not subject to the requirement for separate entry from the side or rear yard. 14. Consistency with General Plan and Zoning - The Ordinance has been amended to state that all ADUS, not just those that conform to the Ordinance, are subject to the protections or 15. One JADUI Per Lot - The Ordinance has been amended to replace "units" with "unit per lot." 16.JADU Attached Garage Conversion The Ordinance has been amended to note that an 17.JADU Entrances - The Ordinance has been amended to incorporate the requirement for an interior doorway between the JADU and the main house when the JADU does not have its 18.JADU Approval or Denial - The Ordinance has been amended to replace phrases like "act on" with "approve or deny," to add provisions that require the city toj provide in writing a full set of comments where an application is denied, and to clarify that the City as a whole is  Section 66321.  accordance with Government Code Section 66321(b)(4).  rear setback requirements for corner lots.  17.50.130 Single-family dwellings and mobile homes  Devcopmen/Arhicecura  Government Code Section 66314(c).  attached garage is eligible for conversion to a. JADU.  own bathroom.  bound by the requirements as opposed toj just the Planning Division.  Page 2of3    HCD, Division of Housing Policy Development)  [October 16, 2024] Page 30 of3  19.JADU Parking Requirements The Ordinance has been amended to delete reference to 20. Health and Safety Code Section 17980.12 - The Ordinance has been amended to delete the first sentence of Section 17.51.130.C, which references HSC Section 17980.12. 21.Health and Safety Code Section 17980.12 - The Ordinance has been amended to include  parking in Section 17.51.120.H to avoid confusion.  HSC Section 17980.12(a)(3). Please provide the results of your review to:  City of Arvin 200 Campus Drive Arvin, CA93203 Email: jeflionesQarvin.org And Email: iraper@arvin.org Regards, Effrydnes Jeffrey Jones  Attn: Jeffrey Jones, City Manager/Finance Director Jake Raper, Project Coordinator/Planning Consultant  City Manager/Finance Director  Cc:  Jenna Chilingerian, Consultant chlingeran@precisioneng.com Jake Raper, Consultant Attachments:  Draft Revised Ordinance No. 2023-486 Jamie Candelaria, Senior Housing Accountability Manager Dept HCDLetter Dated September 23, 2024.  Flash drive containing electronic copy of Draft Revised Ordinance No. 2023-486 = to  Page 3 of3    Title 17-ZONING*  Chapter 17.51 ACCESSORY DWELLING UNITS  Chapter 17.51 ACCESSORY DWELLING UNITS  Sections:  17.51.010 Purpose and applicability.  A. Purpose. The purpose of this chapter is to comply with Government Code Section 66310-6342lAccessony Dwelling Units) 658522HAtsesony-Dwelinguawk658s2226werAuswoNyonDwelingUnitand 65852365aeorconeyedAswyoasiNgunspuseomwimay.Resdenceas: amended from time to time by the State, which provides for cities to set standards for the development of accessory dwelling units (ADUS) and. Junior ADUS (JADUS) so ast toi increase thes supply ofs smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. Accessory dwelling units are considered: to be a residential use, consistent with the general plan objectives and zoning regulations, and enhance housing opportunities, including near transit for residential lots zoned to allows singlet family, homes B. This chapter isi intended toi implement the city's housing element oft the general plan andi is adopted to comply with state law Government Code Section 66314-66339 6585224m66585222, by allowing ADUS through ministerial review in all districts zoned to allow single- family, multi-family, or mixed uses, subject to Permitted locations. The provisions included ini this chapter are applicable to all lots that 1) are zoned to allow single-family, multi-family residential, or mixed uses; and 2) include ap proposed or existing primary  or multi-family units.  meeting the standards prescribed below.  dwelling.  17.51.020 Application process. ADUS OREWARSBUGEPeE  A. Permit required. AA Adminstratve-PeFitincomplancew:thChapter17.05 Building Permit is required for B. Review and approval-ministerial review.. An; dmAstaiwepetnwARCNAChapler120loran ADU! Building Permit shall be considered and approved ministerially without discretionary review ora hearing, notwithstanding California Government Code Sections 65901 or 65906 or any local ordinance regulating thei issuance of variances ors special use permits within sixty (60) days of acceptance ofac complete 1. Exception: Should the permit application to create an ADUI be submitted concurrently witha a permit application to create ar news single-family dwelling on the lot, in which caset the city shall not approve or deny acton the ADU permit application untilt the city acts-en approves or denies the permit application for ther new single-family dwelling unit; or the applicant requests a delay, in which caset the 60-dayt time period shall bei tolled fort thep period of the delay. Ifthe city has not acted-upen approved or denied the completed application for the ADU within sixty (60) days, and neither oft the above exceptions are met, 2. Application Remediation: Should the permit application to create an ADU be denied, the city shall, within 60 days, return in writingaf fulls set of comments to the applicant with al list of items that are defective or deficient and a description of how the application can be remedied. ADUS shall be subject to this section and under subdivision (e) (a) of Government Code! Section 66323 65852.2 shall not be: subject to design and development standards except for those that are noted in this chapter.  application.  then the application for the ADUS shall be deemed approved.  Arvin, California, Code of Ordinances (Supp. No.9)  Created: 2024-10-09 14:36:13 [EST]  Page 1of10    ADUS that do not meet objective and ministerial development and design standards mays still be permitted through an ancillary discretionary process, conditional use permit, ift the applicant chooses to pursue this route. Ini this scenario, the applicant assumes time and monetary costs associated with a discretionary  approval process.  17.51.030 Submittal requirements.  A. The completed Building Permit application, administrative permit, shall be submitted to the planning building division on an application form prepared byt the Building Official city-planner ands shalli include the submittal requirements. asdelnedbychapter.OSAUesPemstedsuBReeAdmAstrativeApprowa: VponaPPrewaloneadmnatalvepemiResPPianthaIsbmtsbuldnePermitapplation. Fees for an ADUS shall be established by the city council and said fees shall be, but not limited to, administrative permitappleation, building plan check fees, building permit fees, ands stater mandated fees relating to the  issuance of building permits.  17.51.040 Type of accessory dwelling units. A. Types of accessory dwelling units.  1. Attached ADU. An ADU attached to an existing or proposed primary dwelling and located ont the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, ands sanitation. The attached ADU shall have an exterior entrance separate from the main house. 2. Detached ADU. An ADUS structurallyi independent and detached from an existing or proposed primary dwelling andl located ont the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one (1) or more persons. Its shalli include permanent 3. Internal conversion ADU. An ADU may be located within areas converted tol habitable space, such as:  provisions for living, sleeping, eating, cooking, ands sanitation.  Ana area within an existing single-family dwelling (e.g., attached garage) and on the same lot as ii. An existing accessory: structure (e.g., detached garage or pool house) located on the same lot as iii. Portions of existing multi-family structures that are not useda as livable space including butr not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, ife each unit  the existing dwelling with a separate exterior entrance; or an existing single-family dwelling with a separate exterior entrance; or  complies with statel building standards for dwellings.  17.51.050 Number and types of ADUS permitted per legal parcel or lot.  A. Lots with as single-family dwelling. Thet following number and types of ADUS shall be allowed per lot thati is zoned to allow single-family residential uses andi includes a proposed or existing single-family dwelling.  1. One (1) attached ADU; OF 2. One (1) detached. ADU; and 3. One (1). JADU (See Section 17.51.120).  B. Lots with a multi-family dwelling(s). Thet following number and types of ADUS shall be allowed perl lot that is zoned to allow multi-family residential uses and includes ap proposed or existing multi-family dwelling.  Created: 2024-10-09 14:36:13 [EST]  (Supp. No.9)  Page 2 of10    1. Converted ADUS. Converted ADUS are allowed within portions of an existing multi-family dwelling that are not used as livable space; at least one (1)interior ADU conversion and upt tot twenty-five/25) percent of the total number of dwellingunits: are permitted. CORVeSOROFROA-aDbBlespacestocreate ADVS-AtleastoneLPADVWARAAnepoPionsoFeMsinEmUHamISEvclures,FOP-Re cOPVesIOn-OFROR-wablearea,sAal-bealowedperleEtnatiszonedieaHow-muN-amily-residential wses-and-ncludesaneMStgmURHamHystRucture,selongasideesmotexceed-wed-twenty-five/25) percentoFtne-tota-RumperdrewstngdwelguneBURIS-ADUSWENA--RU-ARNyStRuctures-mustbe cOnvereG-FORPROR-A-mableareasaninomoP-nabieareaseMsMGADUswil-bepermited, 2. Detached ADU(s). Not more than two (2) ADUS, conversion of existing accessory structures and/or new construction, that are located on al lot thati is zoned to allow multi-family residential uses andi includes  an existing or proposed multi-family dwelling.  17.51.060 Development standards. A. Site/location requirements.  1. Minimum lot size. ADUS that comply with this chapter shall be permitted on all legally established  parcels, regardless ofp parcel size. 2. Lot coverage. Not applicable. (R-3)f fors standards).  3. Except for ADUS approved under Government Code Section 66323,space between buildings shall be established int the applicable zone district (see Section 17.08.110/R-1.17.10.090R-2).: and 17.12.090  B. Size and floor area.  1. Detached. ADU. The maximum floor area ofar new construction of a detached ADUis one thousand two 2. Attached. ADU. The maximum floor area of an attached. ADU: shall not exceed fifty (50) percent of the floor area oft the existing primary dwelling for an attached. ADU or 1,200 square feet, whichever isl less. These limits do not include up to 150 square feet of area added to the primary dwelling for purpose of providing ingress and egress tot the ADU butspermitediobeateseghundaed/80squarelet. Height ménumberdaoses-NIAADatu-mArsNsstonsasessishedin L. Attached ADUS. The height of the existing or multi-family dwelling or twenty-five (25) feet, whicheveris  hundred (1,200): square feet.  eapplaBe:omedse: The maximum height shall be as follows.  lower. 2. Detached ADUS.  Sixteen (16) feet; or  i. Eighteen (18) feet ift the lot is within one-half (1/2) mile walking distance of a major transit stop or high-quality transit corridor, as defined in Public Resources Code Section 21155. The maximum height may be increased by an additional two (2) feet, to twenty (20) feet maximum, fort the Eighteen (18) feet ift the lot has an existing or proposed mlthamtkmitbsedatin.  purpose of accommodating roof pitch with the primary dwelling.  Created: 2024-10-09 14:36:13 [EST]  (Supp. No.9)  Page 3of10    D. Setbacks. AIIA ADU: Setbacks shall ensure accessibility for health and safety emergency personnel and shall provide site visibility at street and alleyi intersections. The sidey yard setbacks listed below ensure health and safety access by emergency personnel and site visibility at streeti intersections. Where utility easements exist, should ther minimum setback encroach into the easement, the setback shall bei increased tol be equal to 1. Front yards setbacks. All ADUS shall meet the minimum front yard setback as established in the applicable zone district,provided the setbacks do not preclude the construction ofa an up to 800 square 2. Rear and side yard setbacks shall be the minimum as listed below, except where public utility i. Interior sidey yard setbacks: Interior side yard shall be: ar minimum of four (4) feet. H. Comersdeyardsetbacsahabesiet: ili. Interior rear yard setback: Interior Rear yard setback shall be a minimum of four (4) feet for M. Cermerrearyard'stDaek-COFReFrearyardsetbaetbaekforcOrnerletshal-bea-minimumOFSIK-6) 3. When an existing structurei is converted to an ADU, and the existing structure either has no setbacks or has setbacks ofl less than four (4)f feet, then the ADUS shall maintain thes same setbacks as the existing structure or setbacks of four (4) feeti from thes side and rear yards, whichever isl less, ift the ADUis constructed int thes same location and tot thes same dimensions ast the existing structure. Conversion of existing structures to an ADU not meeting the minimum setbacks shall be designed  or greater than the width of the utility easement(s).  foot ADU that meets the provisions of Government Code Section 66323.  easement(s) requires a greater setback.  interior lots. feet.  and/or retrofitted to meet thef fire and building codes.  E. Parkingrequirements.  1. One (1) parking space shall be provided per ADU, where applicable. This space may be provided as tandem parking on a driveway where the parking of vehicles do not block sidewalks nor pedestrian access. Parking of vehicles shall not be within four (4) feet of thei interior side yard and shall not be within six (6) feet of a corner side yard: setbacks. The four (4) foot ands six (6) foot non-parking areas are to ensure health and safety access by emergency personnel and site visibility at streeti intersections. 2. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement parking is not required. Off-street parking may be within thet front yard setback area and mayk be designed as tandem parking or other design that accommodates off-street parking. The city code requires two (2) off-street parking spaces per dwelling unit but does not require garages nor carports for off-street parking. Therefore, two-off- street parking spaces are required and when required one (1) off-street parking for the ADU. As noted,  tandem parking shall not block sidewalks or public access.  3. Exceptions. No parking shall be required for ADUS in any of thei following instances:  The ADU is located within one-half mile walking distance of public transit. ii. The ADU is located within an architecturally and historically: significant historic district. iii. The ADU is part of they proposed or existing primary residence or an accessory structure. iv. When on-street parking permits are required but not offered tot the occupant(s) oft the ADU. vi. When a permit application for an ADU is submitted with ap permit application to create a new  V. Therei is a car share vehicle located within one (1) block of the ADU. single-family dwelling or a new multi-family dwelling ont the same lot.  Page 4 of1 10    F. Architectural review. esantnatondaeA0ua5webny welingsand-mebiehomes-DevelopmentArehtecturaistandards-ADUS shall have the same exterior finish materials and roof form as the existing or proposed single-family orn multi-family dwelling on the G. Access and entry. Except for ADUS approved under Government Code Section 66323, an ADU shall havea a H. Density limits. AmADVAhatsenfermseetheordinanceAlU ADUS shall be deemed to be an accessory use or accessory building and shall not be considered to exceed the allowable density for thel lot upon whichi itis located and shall be deemed tol bea a residential use whichi is consistent witht the existing general plan land use and zoning designations fort thel lot." The ADUS shall not be considered in the application of anyl local  parcel.  separate entry from the primary residence and shall be from the side or rear yard.  ordinance, policy, or program to limit residential growth.  17.51.070 Other requirements. A. Availability of utilities.  1. Utility connections. ADUS may be subject to utility connections as provided herein. 2. Private sewage disposal system. ADUS not serviced by the city's wastewater system must receive clearance from the Kern County Public Health Services Department. The applicant shall provide clearance to the city building division prior tot thei issuance ofal building permit. B. Addressing. The ADUS shall ber required to apply for and pay the adopted addressing feet for the proposed ADU(s), whether the ADUI is an attached or detached. The address must be assigned prior to thei issuance of Fire sprinklers. Installation of fire sprinklers may not be requiredi in ADUS (attached, detached, or conversion) where sprinklers were not required by building codes fort the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required tol have fires sprinklers installed under the applicable building code at thet time. However, ift thes same primary dwelling recently underwent significant alteration andi is now required tol havet fires sprinklers, any ADU created after that alteration must be provided with fire sprinklers. (Government Code Section 66314(d)(12): and 66323(c)) 658522,swb5-10H0/4HP)pandiel8w Please note, for ADUS created on lots with multifamily residential structures, the entire residential structure shall serve as the' 'primary residence" for the purposes oft this analysis. Therefore, ift ther multifamily structure is served by fires sprinklers, the ADU can ber required toi install fire sprinklers. For additional guidance on ADUS andi fires sprinkler system requirements, please consult the office oft the state fire marshal. If fire sprinklers are not required for the primary residence, then installation ofi fire sprinklers is not required in an ADU. However, ift the primary residence undergoes significant remodeling andi is required toi install fire sprinklers, an ADU created after the remodel would alsol be required D. Solar panels. New ADUS are: subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems ift the unit(s) is a newly constructed, non-manufactured, detached. ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUS that are constructed within existing space, oras an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential. space, are not subject to the Energy Code requirement to provide solar . Flood elevation certification. All ADUS are required to comply with Chapter 15.32 Floodplain Management when the proposed ADUI is located within theF FEMAI Flood Hazard area which has a one (1) percent annual chance for shallow flooding. If applicable, prior to thei issuance of the building permit, compliance with Section 15.32.170(C). and (D) of the Arvin Municipal Code and prior tot thei issuance of the! building permit, a  thel building permit.  toi install fire sprinklers.  systems.  flood certification shall be provided.  Page! 50 of1 10    F. Building code compliance is required for all ADUS. Thel building division will noti issue final building permits G. Kern County Fire Department Clearance: shall ber required prior to thei issuance ofab building permit for an H. Other code compliance as may be applicable, such as but not limited to encroachment permits, lotr mergers,  fora an ADU before approval of building permits for the primary dwelling.  ADU.  lot linea adjustments, etc.  17.51.080 Occupancy, rental, and sale limitations. A. Owner occupancy shall not ber required for ADUS. B. Rental of ADUS shalll be a minimum ofi thirty (30) days.  Separate conveyance. An ADU mayl be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence, except when sold by a qualified nonprofit corporation to a qualified buyeri in accordance with California Government Code Section 66340-66342  65852.26 with affordability restrictions. 17.51.090 Fee requirements.  A. Connection fees or capacity charges. An ADUS shall not be considered to be ar new residential use for the purposes of calculating connection fees or capacity chargers for utilities, including water and sewer service, unless the ADU was constructed with a new: single-family dwelling. Where a new ADU and new residential unit is applied for and constructed, ther new ADU and new residential unit shall pay the applicable sewer B. Impact fees. Impact fees shall not bei imposed on an ADU that is less than seven! hundred fifty (750) square feeti in size. For ADUS that are greater thans seven! hundred fifty (750) square feeti in size, impact fees charged shall be proportionate in relation to thes square footage oft the primary dwelling unit. Permit processing fee. Application fees shall be as established by resolution of the city council for the processing of the planning and building permit applications. Other fees such as but not limited tot file maintenance and technology fees shall be required. All state mandatory fees associated with building D. Monthly charges for sewer and water. ADUS shall be subject to the monthly utility fees for wastewater. Water service is provided by Arvin Community Services District and as such an ADU may be subject to the  connection feei in place at thei time ofs submittal.  permits shall be required.  monthly utilityf fees for domestic water service.  17.51.100 Conditions for non-conforming uses and structures.  A. Nonconforming conditions. Notwithstanding Chapter 17.52, to the contrary, an owner of an ADU that receives a notice to correct violations or abate nuisance, in relation to the ADU, may request a delayf forf five (5) years ini in enforcement ofal building standard, as long as the violation is not al health ands safetyi issue as determined byt the city's building official, subject to compliance with thel Health and Safety Code Section 2. The ADU was built on or after. January: 1, 2020, in al local jurisdiction that, at thet time the ADU was built, had ar noncompliant ADU ordinance, but the ordinance is compliant at thet time the request is  17980.12 andt thei following conditions: 1. The ADU was built before. January1 1, 2020.  made.  Created: 2024-10-09 14:36:13 [EST]  (Supp. No.9 9)  Page 6of1 10    17.51.110 Definitions accessory dwelling units.  For purposes of this section, thet following terms have thef following meanings.  A. "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons andi is located on al lot witha a proposed or existing primaryr residence. It shalli include permanent provisions for living, sleeping, eating, cooking, and sanitation ont thes same parcel as the single-family or multifamily dwellingi is or will  bes situated.. An accessory dwelling unit also includes thet following:  1. An efficiency unit.  2. Amanufactured home, as defined in Section 18007 of the Health and Safety Code. B. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the "Efficiency unit" has the same meaning as defined in Section 17958.1 oft the Health and Safety Code. D. "Living area" means thei interior habitable area ofa a dwelling unit, including basements and attics, but E. "Local agency" means a city, county, or city and county, whether general law or chartered. F. "Nonconforming zoning condition" means aj physical improvement on a property that does not "Passageway" means aj pathway that is unobstructed clear to the sky and extends from as street to one H. "Proposed dwelling" means a dwelling that ist the subject ofa a permit application and that meets the "Publict transit" means al location, including, but not limited to, ab bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run "Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other "Impact fee" has the same meaning as thet term' "fee" is defined in subdivision (b) of Section 66000, except that it alsoi includes fees specifiedi in Section 66477. "Impact Fee" does not include any connection fee or capacity charge charged by al local agency, special district, or water corporation. Multiple detached dwellings on al lot in the R-2, R-3, and R-4 Zones: Al lot wheret there are currently multiple detached single-family dwellings is eligible for creation of one (1) ADU per lot by converting space within the proposed or existing space ofa a single-family dwelling or existing structure and by building ar new detached ADU subject to certain development standards. (Government Code Section M. Multifamily dwelling under ADUI lawi is as follows: For the purposes of state ADUI law, as structure with two (2) or more attached dwellings on as single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on thes samel lot are not considered multifamily dwellings for  same lot.  does noti include a garage or any accessory structure.  conform with current zoning standards. (1)entrance oft the accessory dwelling unit. requirements for permitting.  ont fixed routes, and are available to thep public. location on al lot, lined up behind one (1) another.  66323(a)(1) and 2)65852.2/subds-teluHA/and-BH)  the purposes ofs state ADUI law.  Created: 2024-10-09 14:36:13 [EST]  (Supp. No. 9)  Page 7of1 10    17.51.120. Junior accessory dwelling units.  A. Permitted one (1)j junior accessory dwelling units-per lot (JADU) in single-family residential zones. B. An administrative permit building permit shall be required for the creation ofaJ JADU, and shall do all the 1. One (1). JADU per residential lotz zoned for single-family residences with a single-family residence built, 2. Require owner- occupancy! in thes single-family residence in which the JADU willl be permitted. The owner may reside in either ther remaining portion oft the structure or the newly created junior accessory dwelling unit. Owner-occupancy: shall not ber required if the owner is another governmental 3. Require the recordation of a deed restriction, which shall run with the land, shalll be filed with the i. Ap prohibition on thes sale of the. JADU separate from the sale of thes single-family residence, including as statement that the deed restriction may be enforced against future purchasers. ii. Arestriction on the size and attributes of the. JADU that conforms witht this section. 4. Al permitted. JADU: shall be constructed within the walls of proposed or existingsingle-famly. residence, 5. The. JADU shall provide as separate entrance from the main entrance to the proposed or existing single- family residence. Ifaj permitted JADU does not include as separate bathroom, the permitted, JADUshal! include as separate entrance from the main entrance to the structure, with ani interior entry to themail  following:  or proposed to bel built, on thel lot.  agency, land trust, or housing organization.  permitting agency, and shalli include both oft thei following.  including an attached garage.  living area.  6. The. JADU: shall provide an efficiency kitchen, which shalli include all of thei following:  i. AC cooking facility witha appliances. of thej junior accessory dwelling unit.  ii. Af food preparation counter ands storage cabinets that are ofr reasonable sizei in relation tot the size  7. AJADUS shall not require additional parking as a condition to grant a permit. JADU: shall be required to submit al building permit and pay adopted eerpamangeerane. dmanstaivepermitansamdmantemancelees, building fees relating to plan checks, building permit, inspection, including thei imposition ofaf fee for thati inspection, to determine if the. JADU complies with D. An application for a JADU, notwithstanding State of California Government Code, Section 65901 or 65906 or anyl local ordinance regulating thei issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The planningdivision citys shall approve or deny actona completed application to create aJ JADU within sixty (60) days from the date thel local agency receives a completed: application ift there is an existing single-family dwelling on thel lot. Ift the permit application to create a. JADU is submitted witha aj permit application to create a new: single-family dwelling on thel lot, the permitting agency may delay approving or denying acting On the permit application fort the. JADU until the permitting agency acts on the permit application to create ther new! single-family dwelling, but the application to create the. JADU: shalls still be considered ministerially without discretionary review or al hearing. Ift the applicant requests a delay, the 60-day time period shall bet tolled for the period oft the delay. Should the application to create a JADU be denied, the city shall, within 60 days, return in writing af fulls set of comments  applicable building standards.  Created: 2024-10-09 14:36:13 [EST]  (Supp. No.9)  Page 8 of 10    tot the applicant with al list ofi items that are defective or deficient and a description of how the application E. Fees for a JADU: shall bee established byt the city council ands said fees shall be, but not limited to, MAMePASPNwN building plan check fees, building permit fees, and state mandated fees F. For purposes of any fire or life protection ordinance or regulation, a. JADU shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating toi fire andl life protection requirements within as single-family residence that contains a. JADU: so long as the ordinance or regulation applies uniformly to all single-family residences within the zoner regardless of whether thes single-family residence includesa G. For purposes of providing servicet for water, sewer, or power, including a connection fee, a. JADU shall not be H. This section shall not be construed to prohibit al local agency from adopting an ordinance or regulation, related toi parkingor a service or a connection feei for water, sewer, or power, that applies to a single-family residence that contains a JADU, so long as that ordinance or regulation applies uniformly to all single-family  can ber remedied.  relating to thei issuance of building permits.  JADU or not.  considered a separate or new dwelling unit.  residences regardless of whether thes single-family residence includes a. JADU. 17.51.130 Definitions junior accessory dwelling unit (JADU). For purposes of this section, thei following terms have thei following meanings:  A. "Junior accessory dwelling unit" means a unit that is no more thant five! hundred (500) square feet in size and contained entirely within as single-family residence. Aj junior accessory dwelling unitr may include separate sanitation facilities, or may share sanitation facilities with the existing structure. B. "Local agency" means a city, county, or city and county, whether general law or chartered. ecetive-anuaryl,2029,section1798012wasadded-otne-eaHNandSaleyCode,immediately owingsection17980-11,teread: For purposes of this section, thet following terms havet the 1. "Junior accessory dwelling unit" means a unit thati is no moret thani five hundred (500): square feet in size and contained entirely within as single-family residence. Aj junior accessory dwelling unit mayi include: separate sanitation facilities or may share sanitation facilities with the existing 2. "Local agency" means a city, county, or city and county, whether general law or chartered. D. Effective. January: 1, 2020 Section 17980.12 was added to the Health and Safety Code, immediately 1. 17980.12. (1) An enforcement agency, until January 1, 2030, thati issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B)[ [above), a notice to correcta violation of any provision ofa any building standard pursuant to this part shall include in that notice a statement that the owner oft the unit has ar right to request a delay in enforcement  following meanings:  structure.  following Section 17980.11, to read:  pursuant to this subdivision:  i. The accessory dwelling unit was built before. January 1, 2020.  ii. The accessory dwelling unit was built on or after. January: 1, 2020, ina al local jurisdiction that, at thet time the accessory dwelling unit was built, hada a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at thet time ther request is made.  Created: 2024-10-09 14:36:13 [EST]  (Supp. No. 9)  Page 9 of 10    li. The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, ini thef form andr manner prescribed by the enforcement agency, submit an application tot the enforcement agency requesting that enforcement of the violation be delayed for five (5) years on thel basis that correcting the iv. Alocal agency shall not require, as a condition for ministerial: approval ofar permit application for the creation of an accessory dwelling unit orai junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the V. The enforcement agency shall grant an application described in paragraph (2)i ifthe enforcement determines that correcting the violation is not necessary to protect health ands safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the state The enforcement agency shall not approve any applications pursuant to this section on or after. January: 1, 2030. However, any delay that was approved byt the enforcement agency before. January: 1, 2030, shall be valid fort thei full term of the delay that was approved at the time of thei initial approval oft the application pursuant to paragraph (3).  violation is not necessary to protect health and safety.  violation is not necessary to protect health and safety.  fire marshal pursuant to Section 13146.  2. For purposes of this section, "accessory dwelling unit" has thes same meaning as defined in 3. This section shall remain in effect only until. January 1, 2035, anda as of that date is repealed.  Section 66313 65852.2.  Created: 2024-10-09 14:36:13 [EST]  (Supp. No.9)  Page 100 of10    GOVERNMENT CODE- -GOV  TITLE 7. PLANNING AND LAND USE [65000-6 66499.58] (Heading of Title 7 amended by Stats. 1974, Ch.1536.) DIVISION 1. PLANNING AND ZONING [65000-6 66342] (Heading ofl Division. 1 added by Stats. 1974, Ch. 1536.) Chapter 12-H Housing Crisis Actof2019 ARTICLE 3. Duration of Chapter [66301-6 66301.] (Article 3 heading added by Stats. 2023, Ch. 754, Sec. 7.).. CHAPTER 13. Accessory Dwelling Units [66310-6 66342] (Chapter 13 added by Stats. 2024, Ch. 7,Sec.20.) ARTICLE 1. General Provisions [66310-66313] (Article 1 added by. Stats. 2024, Ch. 7,Sec. 20.) ARTICLE 2. Accessory Dwelling Unit Approvals [66314-66332). (Article. 2 added by Stats.. 2024, Ch. 7, Sec. 20.) ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339].. (Article. 3 added. by Stats. 2024, Ch. 7,Sec. 20.) ARTICLE 4. Accessory Dwelling Unit Sales [66340 - 66342]. (Article 4 added by Stats. 2024, Ch. 7,Sec. 20.)  .Page 2  Page 3-5 Pages 6-16 Pages 17-19 Pages 20-23  Title 17 Planning and Land Use- - Sections 66310-66342 Accessor Dwelling Units  Page 1of23    GOVERNMENT CODE - GOV  TITLE7. PLANNING AND LAND USE [65000-6 66499.58] (Heading ofTitle 7amended by. Stats. 1974,  Ch.1536.)  DIVISION 1. PLANNING AND. ZONING [65000-66342) (Heading of Division. 1 added by Stats. 1974, Ch. 1536.) CHAPTER 12. Housing Crisis Act of 2019 [66300 - 66301] (Chapter. 12 added by Stats. 2019, Ch. 654, Sec. 13.) ARTICLE 3. Duration of Chapter [66301-6 66301.] (Article. 3 heading added by Stats. 2023, Ch. 754, Sec. 7.)  66301.  (a) This chapter shall apply to a housing development project that submits a preliminary (b) This chapter shall remain in effect only until January 1, 2034, and as of that date is (c) It is the intent of the Legislature in enacting this section to ensure that a housing development project that submits a preliminary application pursuant to Section 65941.1 before January 1, 2030, remains subject to this chapter after January 1, 2030. (Amended by. Stats. 2022, Ch. 427,Sec. 16. (SB1489) Effective January 1, 2023. Repealed as ofJanuary 1, 2034, by its own provisions. Note: Repeal affects Chapter. 12, commencing with. Section 66300.)  application pursuant to Section 65941.1 before January 1, 2030.  repealed.  Title 17 Planning and Land Use - Sections 66310-66342 Accessor Dwelling Units  Page 2of23    GOVERNMENT CODE - GOV  TITLE 7. PLANNING AND LAND USE [65000-6 66499.58] (Heading of Title 7amended by. Stats. 1974, Ch. 1536.) DIVISION 1. PLANNING AND ZONING [65000-66342] (Heading fDivision. 1 added by Stats. 1974, Ch. 1536.) CHAPTER 13. Accessory Dwelling Units [66310 -6 66342] (Chapter13 added by Stats. 2024, Ch. 7,Sec.20.) ARTICLE 1. General Provisions [66310-66313] (Article. 1 added by Stats. 2024, Ch. 7,Sec. 20.)  66310.  The Legislature finds and declares all of the following:  (a) Accessory dwelling units are a valuable form of housing in California.  (b) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within (c) Homeowners who create accessory dwelling units benefit from added income, and an (d) Allowing accessory dwelling units in single-family or multifamily residential zones  existing neignborhoods. increased sense of security.  provides additional rental housing stock in California. (e) California faces a severe housing crisis.  (f) The state is falling far short of meeting current and future housing demand with serious consequences for the state's economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly (g) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neignborhoods, while respecting architectural character. (h) Accessory dwelling units are, therefore, an essential component of California's  lower and middle-income earners.  housing supply.  (Added by. Stats. 2024, Ch. 7,Sec. 20. (SB 477) Effective March. 25, 2024.)  66311.  Iti is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not sO arbitrary, excessive, or burdensome SO as to  Title 17 Planning and Land Use - Sections 66310-66342 Accessor Dwelling Units  Page 30 of23    unreasonably restrict the ability of homeowners to create accessory dwelling units in  zones in which they are authorized by local ordinance. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March25,2024)  66312.  Notwithstanding Section 65803, this chapter shall also apply to a charter city.  (Added by Stats. 2024, Ch. 7,Sec.20.(SB477) Effective March. 25,2024.)  66313.  For purposes of this chapter:  (a) "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also  includes the following: (1) An efficiency unit.  (2) A manufactured home, as defined in Section 18007 of the Health and Safety (b) "Accessory structure" means a structure that is accessory and incidental to a dwelling (c) "Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health (d) "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the (e) "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (f) "Local agency" means a city, county, or city and county, whether general law or (g) Nonconforming zoning condition" means a physical improvement on a property that (h) "Objective standards" means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development  Code.  located on the same lot. and Safety Code.  existing structure.  chartered.  does not conform to current zoning standards.  applicant or proponent and the public official prior to submittal.  Title 17 Planning and Land Use-S Sections 66310-66342 Accessor Dwelling Units  Page 4of23    (i) "Passageway" means a pathway that is unobstructed clear to the sky and extends (j) "Permitting agency" means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building (k) "Proposed dwelling" means a dwelling that is the subject of a permit application and (I) "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (m) "Tandem parking" means that two or more automobiles are parked on a driveway or  from a street to one entrance of the accessory dwelling unit.  departments, utilities, and special districts. that meets the requirements for permitting.  in any other location on a lot, lined up behind one another. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March. 25,2024.)  Title 17 Planning and Land Use - Sections 66310-66342. Accessor Dwelling Units  Page 5 of23    GOVERNMENT CODE - GOV  TITLE7. PLANNING AND LAND USE [65000-66499.58) (Heading of Title 70 amended by Stats. 1974, Ch.1 1536.) DIVISION 1. PLANNING AND ZONING [65000-66342) (Heading ofDivision 1 added by Stats. 1974, Ch. 1536.) CHAPTER 13. Accessory Dwelling Units [66310-6 66342] (Chapter13 added by Stats. 2024, Ch. 7,Sec.2 20.) ARTICLE2. Accessory Dwelling UnitApprovals [66314-66332) (Article 2 added by Stats. 2024, Ch. 7,Sec. 20.)  66314.  A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance (a) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be (b) (1) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include (2) Notwitnstanding paragraph (1), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (c) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are ar residential use that is consistent with the existing general plan and zoning designation  shall do all of the following:  permitted.  requirements on minimum lot size.  for the lot.  (d) Require the accessory dwelling units to comply with all of the following: (1) Except as provided in Article 4 (commencing with Section 66340), the accessory dwelling unit may be rented separate from the primary residence, but shall not be sold (2) The lot is zoned to allow single-family or multifamily dwelling residential use and (3) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and  or otherwise conveyed separate from the primary residence.  includes a proposed or existing dwelling.  Title 171 Planning and Land Use - Sections 66310-66342. Accessor Dwelling Units  Page 60 of23    located on the same lot as the proposed or existing primary dwelling, including (4) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (5) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 (6) No passageway shall be required in conjunction with the construction of an (7) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the (8) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Codé of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this paragraph shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this article. (9) Approval by the local health officer where a private sewage disposal system is (10) (A) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These (B) Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific (C) This subparagraph shall not apply to an accessory dwelling unit that is (11) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking  detached garages.  square feet.  accessory dwelling unit.  same dimensions as an existing structure.  being used, if required.  spaces may be provided as tandem parking on a driveway.  site or regional topographical or fire and life safety conditions.  described in Section 66322.  spaces be replaced.  Title 17 Planning and Land Use- - Sections 66310-66342. Accessor Dwelling Units  Page7of23    (12) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary (e) Require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit (f) An accessory dwelling unit ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.  dwelling.  and issued at the same time.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March. 25, 2024.)  66315.  Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days  or longer. 66316.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB 477) Effective March. 25, 2024.)  An existing accessory dwelling unit ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this article. Ifa local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this article, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this  article.  (Added by Stats. 2024, Ch. 7, Sec. 20. (SB477) Effective March 25, 2024.)  66317.  (a) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwitnstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single- family or multifamily dwelling on the lot, the permitting agency may delay approving or  Title 17 Planning and Land Use- Sections 66310-66342. Accessor Dwelling Units  Page 8 of23    denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this section, including the costs of adopting or amending any ordinance that (b) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how (c) No local ordinance, policy, or regulation, other than an accessory dwelling unit ordinance consistent with this article shall be the basis for the delay or denial of a  provides for the creation of an accessory dwelling unit.  the application can be remedied by the applicant.  building permit or a use permit under this section. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB4 477) Effective March 25, ,2024.)  66318.  (a) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this article. (b) An accessory dwelling unit ordinance shall not be considered in the application of any  local ordinance, policy, or program to limit residential growth. (Added by Stats. 2024, Ch.7,Sec. 20. (SB477) Effective March. 25,2024.)  66319.  An accessory dwelling unit that conforms to Section 66314 shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any  local ordinance, policy, or program to limit residential growth. (Added by. Stats. 2024, Ch. 7,Sec. 20. (SB4 477) Effective March. 25, 2024.)  66320.  (a) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with Section 66314 receives an application for a permit to create or serve an accessory dwelling unit pursuant to this article, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to Section 66317. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an  Title 17 Planning and Land Use - Sections 66310-66342 Accessor Dwelling Units  Page 9 of23    existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be (b) Ifa permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how  deemed approved.  the application can be remedied by the applicant. (Added by Stats.. 2024, Ch. 7, Sec. 20. (SB477) Effective. March. 25, 2024.)  66321.  (a) Subject to subdivision (b), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (b) Notwithstanding subdivision (a), a local agency shall not establish by ordinance any (1) A minimum square footage requirement for either an attached or detached (2) A maximum square footage requirement for either an attached or detached  of the following:  accessory dwelling unit that prohibits an efficiency unit. accessory dwelling unit that is less than either of the following:  (A) Eight hundred fifty square feet.  (B) One thousand square feet for an accessory dwelling unit that provides more (3) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in (4) Any height limitation that does not allow at least the following, as applicable: (A) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. Title 17 Planning and Land Use- - Sections 66310-66342 Accessor Dwelling Units  than one bedroom.  compliance with all other local development standards.  Page 10of23    (B) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one- half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the (C) A height of 18 feet for a detached accessory dwelling unit on a lot with an (D) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This subparagraph shall not require a local  primary dwelling unit.  existing or proposed multifamily, multistory dwelling.  agency to allow an accessory dwelling unit to exceed two stories.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March. 25, 2024.)  66322.  Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of (a) A local agency shall not impose any parking standards for an accessory dwelling unit (1) Where the accessory dwelling unit is located within one-half of one mile walking (2) Where the accessory dwelling unit is located within an architecturally and (3) Where the accessory dwelling unit is part of the proposed or existing primary (4) When on-street parking permits are required but not offered to the occupant of the (5) When there is a car share vehicle located within one block of the accessory  the following shall apply:  in any of the following instances: distance of public transit.  historically significant historic district. residence or an accessory structure. accessory dwelling unit. dwelling unit.  (6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other (b) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March. 25, 2024.) ne 1/ Panning ana Lana use sections 00310-00342, Accessor Dweung unIts  criteria listed in this subdivision.  ragenorzs    66323.  (a) Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed- (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (B) The space has exterior access from the proposed or existing single-family  use zone to create any of the following:  dwelling.  (C) The side and rear setbacks are sufficient for fire and safety.  (D) The junior accessory dwelling unit complies with the requirements of Article 3 (2) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in paragraph (1). A local agency may impose the following  (commencing with Section 66333).  çonditions on the accessory dwelling unit:  (A) A total floor area limitation of not more than 800 square feet. (4) of subdivision (b) of Section 66321, as applicable.  (B) A height limitation as provided in subparagraph (A), (B), or (C) of paragraph (3)(A) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit (B) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily (4) (A) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and rear yard and (B) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily  complies with state building standards for dwellings.  dwelling units.  side setbacks of no more than four feet.  Title 17 Planning and Land Use- - Sections 66310-66342 Accessor Dwelling Units  Page 12of23    dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph. (b) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling (c) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the (d) A local agency shall require that a rental of the accessory dwelling unit created (e) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been (f) Notwithstanding Section 66321 and subdivision (a) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in subdivision (a), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include  unit, the correction of nonconforming zoning conditions.  existing multifamily dwelling.  pursuant to this section be for a term longer than 30 days.  recertified, within the last 10 years.  requirements on minimum lot size.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477)Efective. March 25,2024.)  66324.  (a) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7  (commencing with Section 66012).  (b) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (c)(1) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (2) For purposes of this subdivision, impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.  Title 17 Planning and Land Use -S Sections 66310-66342 Accessor Dwelling Units  Page 13of23    (d) For an accessory dwelling unit described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Section 66342. (e) For an accessory dwelling unit that is not described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March25,2024)  66325. ordinance.  (a) Except as provided in subdivision (b), this article shall supersede a conflicting local (b) This article does not limit the authority of local agencies to adopt less restrictive  requirements for the creation of an accessory dwelling unit. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477)E Effective March. 25, 2024.)  66326.  (a) A local agency shall submit a copy of the ordinance adopted pursuant to Section 66314 to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to (b) (1) If the department finds that the local agency's ordinance does not comply with this article, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before (2) The local agency shall consider the findings made by the department pursuant to  the local agency as to whether the ordinance complies with this article.  taking any other action authorized by this article. paragraph (1) and shall do one of the following: (A) Amend the ordinance to comply with this article.  (B) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this article despite the findings of the (c)(1)Ift the local agency does not amend its ordinance in response to the department's findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this article and addressing the department's findings, the department shall  department.  Title 17 Planning and Land Use- -S Sections 66310-66342 Accessor Dwelling Units  Page 14of23    notify the local agency and may notify the Attorney General that the local agency is in (2) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this article between January 1, 2017, and January 1, 2020.  violation of state law.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB4 477) Effective March. 25,2024.)  66327.  The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this article. The guidelines adopted pursuant to this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.  (Added by Stats.. 2024, Ch. 7,Sec. 20. (SB477) Effective March 25, 2024.)  66328.  A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling.  (Added by Stats. 2024, Ch.7,Sec. 20. (SB477) Effective March. 25, 2024.)  66329.  Nothing in this article shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for  accessory dwelling units.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB4 477) Effective March. 25, 2024.)  66330.  A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB 477) Effective March 25,2024.)  66331,  In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in subdivision (a) or (b), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and (a) The accessory dwelling unit was built before January 1, 2020. (b) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request  Safety Code:  is made.  Title 17 Planning and Land Use- - Sections 66310-66342. Accessor Dwelling Units  Page 15of23    (Added by. Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March 25,2024.)  66332.  (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following: (1) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the (2) The accessory dwelling unit does not comply with this article or any local ordinance  Health and Safety Code.  regulating accessory dwelling units.  (b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of (c) This section shall not apply to a building that is deemed substandard pursuant to  the structure.  Section 17920.3 of the Health and Safety Code. (Added by Stats. 2024, Ch. 7,. Sec. 20. (SB 477) Effective March. 25,2024.)  Title 17 Planning and Land Use- - Sections 66310-66342. Accessor Dwelling Units  Page 16of23    GOVERNMENT CODE. - GOV  TITLE7. PLANNING AND LAND USE [65000-66499.58 (Heading ofTitle 7 amended by Stats. 1974, Ch.1536.) DIVISION 1. PLANNING AND ZONING [65000-6 66342] (Heading of Division. 1 added by: Stats. 1974, Ch. 1536.) CHAPTER 13. Accessory Dwelling Units [66310 - 66342] (Chapter. 13 added by. Stats. 2024, Ch. 7,Sec. 20.) ARTICLE 3. Junior Accessory Dwelling Units [66333-66339] (Article. 3 added by Stats. 2024, Ch. 7,Sec. 20.)  66333.  Notwithstanding Article 2 (commencing with Section 66314), a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of (a) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, (b) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing (c) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: (1) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction (2) A restriction on the size and attributes of the junior accessory dwelling unit that (d) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this subdivision, enclosed uses within the residence, such as attached garages, are considered a part of (e) (1) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence. (2) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main  a junior accessory dwelling unit, and shall do all of the following:  on the lot.  organization.  may be enforced against future purchasers.  conforms with this article.  the proposed or existing single-family residence.  living area.  Title 17 Planning and Land Use-Sections 66310-66342. Accessor Dwelling Units  Page 17of23    (f) Require the permitted junior accessory dwelling unit to include an efficiency kitchen,  which shall include all of the following: (1)A cooking facility with appliances.  (2) A food preparation counter and storage cabinets that are of reasonable size in  relation to the size of the junior accessory dwelling unit. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March 25, 2024.)  66334.  (a) A junior accessory dwelling unit ordinance adopted pursuant to Section 66333 shall (b) This article shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory  not require additional parking as a condition to grant a permit.  dwelling unit complies with applicable building standards. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477)Eective. March 25,2024.)  66335.  (a) (1) An application for a permit pursuant to this article shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. (2) The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the (3) If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. (4) If the applicant requests a delay, the 60-day time period shall be tolled for the (b) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described ins subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be (c) A local agency may charge a fee to reimburse the local agency for costs incurred in  lot.  period of the delay.  remedied by the applicant.  connection with the issuance of a permit pursuant to this article. (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March. 25, 2024.)  Title 17 Planning and Land Use- - Sections 66310-66342 Accessor Dwelling Units  Page 18of23    66336.  A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this article due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the  junior accessory dwelling unit.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March. 25, 2024.)  66337.  (a) For purposes of any fire or life protection ordinance or regulation, a junior accessory (b) This article shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit SO long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a  dwelling unit shall not be considered a separate or new dwelling unit.  junior accessory dwelling unit or not.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March. 25,2024.)  66338. unit.  (a) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling (b) This section shall not be construed to prohibit a local agençy from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, sO long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory  dwelling unit.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March. 25, 2024.)  66339.  Ifa local agency has not adopted a local ordinance pursuant to this article, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in paragraph (1) of subdivision (a) of Section  66323 and the requirements of this article.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB4 477) Effective March 25, 2024.)  Title 17 Planning and Land Use - Sections 66310-66342. Accessor Dwelling Units  Page 19of23    GOVERNMENT CODE - GOV  TITLE7. PLANNING AND LAND USE [65000- - 66499.58] (Heading of Title 76 amended by. Stats. 1974, Ch.1536.) DIVISION 1. PLANNING AND ZONING [65000-66342) (Heading ofi Division 1 added by Stats. 1974, Ch.1536.) CHAPTER 13. Accessory Dwelling Units [66310-66342) (Chapter. 13 added by. Stats. 2024, Ch. 7,Sec. 20.) ARTICLE 4. Accessory Dwelling Unit Sales [66340-66342) (Article 4 added by Stats. 2024, Ch. 7,Sec. 20.) For purposes of this article:  66340.  (a) "Qualified buyer" means persons and families of low or moderate income, as that (b) "Qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.  term is defined in Section 50093 of the Health and Safety Code.  (Added by Stats. 2024, Ch. 7,Sec.. 20. (SB477) Effective March. 25, 2024.)  66341.  Alocal agency shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply: (a) The accessory dwelling unit or the primary dwelling was built or developed by a (b) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of (c) The property is held pursuant to a recorded tenancy in common agreement that (1) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies. (2) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the (3) A requirement that the qualified buyer occupy the accessory dwelling unit or (4) Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary  qualified nonprofit corporation.  the Revenue and Taxation Code. includes all of the following:  buyer desires to sell or convey the property. primary dwelling as the buyer's principal residence.  Title 171 Planning and Land Use - Sections 66310-66342 Accessor Dwelling Units  Page 20 of23    dwelling will be preserved for low-income housing for 45 years for owner-occupied (5) If the tenancy in common agreement is recorded after December 31, 2021, it (A) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant's obligations to each of the other cotenants have been satisfied. (B) Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.  housing units and will be sold or resold to a qualified buyer.  shall also include all of the following:  (C) Procedures for dispute resolution among the parties before resorting to legal  action.  (d) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed (e) Notwithstanding Section 66324, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical (f) Nothing in this section limits the ability of an accessory dwelling unit to be sold or otherwise conveyed separate from the primary residence as a condominium pursuant to  pursuant to Section 480.3 of the Revenue and Taxation Code.  connection to that utility.  an ordinance adopted under Section 66342.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March. 25,2024.)  66342.  In addition to the requirement that a local agency allow the separate sale or conveyance of an accessory dwelling unit pursuant to Section 66341, a local agency may also adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums. Any such ordinance shall (a) The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil  include all of the following requirements:  Code).  Title 17 Planning and Land Use- -Sections 66310-66342. Accessor Dwelling Units  Page 21 of23    (b) The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) (c) Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development. (d) (1) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the real property is located without each lienholder's consent. The following shall apply to the consent of a lienholder:  and all objective requirements of a local subdivision ordinance.  (A) A lienholder may refuse to give consent.  (B) A lienholder may consent provided that any terms and conditions required by (2) Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder's consent shall be provided to the county recorder along with a signed statement from each lienholder that states "(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and (3) The lienholder's consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following  the lienholder are satisfied.  as follows:  conditions the lienholder may have."  information:  (A) The lienholder's signature.  (B) The name of the record owner or ground lessee. (C) The legal description of the real property.  (D) The identities of all parties with an interest in the real property as reflected (E) The lienholder's consent shall be recorded in the office of the county recorder  in the real property records.  of the county in which the real property is located.  (e) The local agency shall include the following notice to consumers on any accessory dwelling or junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan "NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation  approval:  Title 17 Planning and Land Use- - Sections 66310-66342 Accessor Dwelling Units  Page 22of23    or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder's consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:  satisfied their terms and conditions, if any.  (a) Paying off your current lender.  You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, (b) Securing your lender's approval of a modification to their loan collateral due to the change of your current property legal description into one or more (c) Securing your lender's consent to the details of any construction loan or  which consent may be denied.  condominium parcels. ground lease.  This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor (f) If an accessory dwelling unit is established as a condominium, the local government shall require the homeowner to notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance. (g) (1) The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the (2) For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association's governing documents, membership approval of the existing  that the information in the consent above is true and correct."  existing association.  association.  (h) An accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this paragraph or pursuant to  this article.  (Added by Stats. 2024, Ch. 7,Sec. 20. (SB477) Effective March. 25, 2024.)  Title 17 Planning and Land Use -S Sections 66310-66342. Accessor Dwelling Units  Page 23of23    NOTICE OF EXEMPTION Filing ofl Notice of Exemption in Compliance with Section 15062 ofthe California Environmental Quality Act- Code Amendment: 2024 Chapter 17.51 Accessory Dwelling Units- City of Arvin  AFFIDAVIT OF FILING AND POSTING  Court Récords Supervisor Office oft the County Ideclare that I received and posted this notice on thei filing date as required by California) Public Resources Code Section 21152(c). Said Notice will remain posted: for 35 days for the filling date.  Clerk  NOTE: Place in project file until approved -1 then  file with Kern County Clerk TO: COUNTY CLERK County of Kern, 1115 Truxtun. Ave. 1st Floor, Bakersfield, CA 93301 TO; State of California CEQA Submit: Project location: City Wide  FROM: City of Arvin  City Clerk, P.O. Box 548 200 Campus Drive, Arvin, CA 93203 661-854-3134 Office, 661-854-0817 Fax  SCHN No.  Project title: Code Amendment 2024 Chapter 17.51 Accessory Dwelling Units - City of Arvin Description of nature, purpose, and beneficiaries of project: Code Amendment to Chapter 17.51 Accessory Dwellings- The adoption of an ordinance amends Ordinance No. 2023-487 adopted October 24, 2023 updating the existing code to implement the provisions of Sections 66310-66342 oft the Government Code. The adopted Ordinance amends ADU regulations  and implements the goals, policies, and programs of the City of Arvin Housing Element.  Name of public project:  City of Arvin, CA- Ordinance No. 2024-XXX dated Month XX, 2025  agency approving City Council carrying out the project Exempt status:  Name and person or agency Jake Raper, Project Coordinator/Plamning Consultant, Community  Development Department, 161 Plumtree Drive, Arvin, CA 93203 Email:  jraper@arvin.org  CEQA Guidelines, Statutory Exempt Section 15282 (h).  Reasons why the project is exempt: The proposed zoning code amendments are statutorily exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines (the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 66310-66342 of the Government Code as outlined in Section 21080.17 of the Public Resources Code). Additionally, the adopted Ordinance amends ADU regulations and implements the goals, policies, and programs of the City of Arvin Housing Element and are regulatory actions taken by the city. Lastly, due to their limited impact, state law deems ADUS to be ministerial projects and, therefore, exempt from CEQA  Contact person: Signature/Title Date:  Jake Raper, Project Coordinator/Plamning Consultant, Community Development Department, Planning Division, 141 Plumtree Drive, Arvin,  CA93203 Jeffrey Jones  Date  City Manager/Finance Director  Record available to General Public: Thisi is to certify that the environmental document and record of project approval is available toi the General Public at City of Arvin, City Clerk's Office, 200 Campus Drive, Arvin, California, 93203. Thisl Notice ofE Exemption andi its supporting documents may bei reviewed/obtained during normal working hours at the above address. The filing ofal Notice of Exemption andt the posting on thel list ofnotices start a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. Ifal Notice of Exemption is not filed, a 180-day  statute of limitations will apply. Refer to Section 15061(d) for filing instructions.  Page 1 of 1    PLANNING COMMISSION STAFF REPORT Meeting Date: December17,2024 Continued from: November 19,2024  TO: FROM:  Planning Commission Isaiah Medina, Assistant Planner Jeffrey Jones, City Manager/Finance Director Jake Raper, Project Coordinator/Plamning Consultant  SUBJECT: Public Hearing --To Consider Adoption ofa Resolution of the Planning Commission of the City of Arvin Recommending the City Council Amend the General Plan by Adopting the 2024 Safety Element Incorporating 2020 Kern County Muli-Jurisdittional Hazard Mitigation Plan Including a Recommendation toA Adopt an Exemption Pursuant California Environmental Quality Act Guidelines  Section 15061(b)(3) RECOMMENDATION  Motion to approve a Resolution of the Planning Commission of the City of Arvin Recommending the City Council Amend the General Plan by Adopting the 2024 Safety Element Incorporating 2020 Kern County Multi-Jurisdictional Hazard Mitigation Plan Including a Recommendation to Adopt an Exemption Pursuant California Environmental Quality Act  Guidelines Section 15061(b)(3) BACKGROUND  Due to lack of quorum on November 19, 2024 Planning Commission meeting date, the Deputy City Clerk continued the project to the next regular Planning Commission meeting of December Arvin City Council on August 10, 2024, by Resolution No. 2021-55 adopted the 2020 Kern Multi-Jurisdiction Hazard Mitigation Plan (HMP), Attachment 1 and 2 of the 2024 Safety Element Update, which incorporates implementation programs of the Safety Element and contains programs that implement its policies. The City of Arvin participates in the Kern County Multi-Jurisdiction Hazard Mitigation Planning and the HMP is updated on a five (5)year cycle. The HMP will continue to be incorporated by reference in the Safety Element. The Safety Element and HMP are complementary documents that work together to achieve the goal to  17,2024.  reduce the impacts on a community from a disaster. Adoption Required to Qualify Grant Funding:  An adopted, most recently adopted MJHMP, hazard mitigation plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation Planning Commission report and resolution December 17,2 2024-Safety Element Amendment Page 1of3    grant programs. The MJHMP must be incorporated into the local jurisdiction Safety Element in order to qualify for pre- and post-disaster mitigation grant programs. The adopted Hazard Mitigation Plan (HMP) describes the type, location, and extent of all natural hazards that can affect the jurisdiction; describe the jurisdiction's vulnerability to these hazards; include a mitigation strategy that provides the jurisdiction's blueprint for reducing the potential losses; and contains a plan maintenance process. The 2020 Kern County Multi-Jurisdiction (Arvin) Hazard Mitigation Plan (HMP) addresses the natural disasters that may affect the City of Arvin: Flood, Geologic, Severe Weather, Drought, and Extreme Heat. The HMP identifies community policies, actions, and tools for implementation to reduce the public's exposure to these hazards, to minimize property damage and community disruption, and to reduce or avoid the costs of  disaster relief.  Natural Mitigation Planning - Incorporating 2020 Kern MJHMP into Arvin Safety The Safety Element also includes policies on natural hazard mitigation planning that implement and supports the Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP), adopted by the Arvin City Council on August 10, 2024, by Resolution No. 2021-55. City Council adopted the updated Kem Multi-Jurisdiction Hazard Mitigation Plan Volume 1 and its Annex, as approved by FEMA and Cal OES, as the official mitigation plan for The City of Arvin. The California Office of Emergency Services (Cal OES), and the FEMA Region IX officials have reviewed the updated MJHMP, and approved it contingent upon this official adoption by the participating governing body. The adoption of the MJHMP complies with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the updated 2020 Kern County Multi-urisdiction Hazard Mitigation Plan (MJHMP). The City of Arvin's Safety Element is incorporating the 2020 Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP) Volume 1 and its Annex for the City of Arvin, as approved by  Element:  FEMA and Cal OES, as the official mitigation plan for The City of Arvin.  Safety Element Purpose:  The purpose of the Safety Element is to reduce the potential risk of death, injuries, property damage, and economic and social dislocation resulting from natural and human-induced hazards. The Safety Element establishes preventative and responsive policies and programs to mitigate the potential impacts associated with hazards that may affect the City of Arvin. This Element along with the 2020 Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP) addresses geologic and seismic hazards, flood hazards, fire hazards, hazardous materials, drought, domestic  terrorism, and emergency preparedness and response planning. ENVIRONMENTAL REVIEW AND DETERMINATION:  The proposed 2024 Safety Element update implements the 2020 Kern County Multi- Jurisdiction Hazard Mitigation Plan. It is determined that the update of the 2024 Safety Element meets the definition and criteria of the Public Resources Code and CEQA Guidelines to be exempt from CEQA. This determination and recommendation is based Planning Commission report and resolution December 17,2024 - Safety Element Amendment Page 2 of3    upon the CEQA Guidelines, Section 15061(b) (3) and finds that there is no possibility that the activities in question may have a significant effect on the environment and are,  therefore, exempt from CEQA, for the following reasons:  The 2024 Safety Element incorporates the 2020 Arvin's Kern County Mult-Jurisdictional Hazard Mitigation Plan and is following Government These amendments will not have a significant effect or physical change on  Code, Section 65032.  the environment, because it implements policy programs.  XIBISANDATTACHMENTS  Resolution of the Planning Commission of the City of Arvin Recommending the City Council Amend the General Plan by Adopting the 2024 Safety Element Incorporating 2020 Kern County Mult-Jurisdictional Hazard Mitigation Plan Including a Recommendation to Adopt an Exemption Pursuant California Environmental Quality Act Guidelines Section 15061(b)(3).  Attachments:  2024 Safety Element Update Notice of] Exemption  Planning Commission report and resolution December 17, 2024 - Safety Element Amendment Page 3 of3    RESOLUTION NO. 2024-XX  A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARVIN RECOMMENDING THE CITY COUNCIL AMEND THE GENERAL PLAN BY ADOPTING THE 2024 SAFETY ELEMENT INCORPORATING 2020 KERN COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN INCLUDING A RECOMMENDATION TO. ADOPT AN EXEMPTION PURSUANT CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINESSECTION  15061(B)(3)  WHEREAS, the City of Arvin City Council adopted the 2019 Safety Element which WHEREAS, the City of Arvin City Council adopted Resolution No. 2021-55 adopting WHEREAS, the update of the 2024 Safety Element is consistent with the 2020 Kem County Mult-Jurisdictional Hazard Mitigation Plan (MJHMP) adopted by the City of Arvin,  incorporated the 2012 Kern County Multi-Jurisdiction Hazard Mitigation Plan; and  the updated Kern Multi-Jurisdiction Hazard Mitigation Plan; and  and is in compliance with Government Code Section 65032; and  WHEREAS, the Planning Commission duly noticed the public hearing of November 19, 2024, due to a lack of quorum, the Deputy City Clerk continued the project to the next  regular Planning Commission meeting of December 17,2024; and  WHEREAS, the Planning Commission conducted a public hearing on December 17, NOW THEREFORE BEI ITI RESOLVED by the Planning Commission of the City of Arvin as 1. The Planning Commission oft the City of Arvin finds that the above recitals are true and 2. The Planning Commission recommend the City Council adopt the proposed Safety 3. The Planning Commission recommends that the City Council adopt the Notice of Exemption pursuant to CEQA Guidelines, Section 15061(b)(3), as there is no possibility that the updated Safety Element to the General Plan may have a significant effect on the  2024 providing an opportunity for all interested persons to give testimony; and  follows:  correct.  Element update to the General Plan  environment.  4. This Resolution shall take effect immediately.  IHEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Arvin at a special meeting thereof held on the 17th day of December  2024 by the following vote:    AYES: NOES: ABSTAIN: ABSENT:  CITY OF ARVIN  By:  ATTEST  JOSHLYN HORTON, Chair  JEFFREY JONES Deputy City Clerk  APPROVED AS TO FORM:  By:  NATHAN: HODGES, City Attorney Hodges Law Group  I,  Secretary of the Planning Commission of the  City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the Planning Commission of the City of Arvin on the  date and by the vote indicated herein.    S  ARVIN CALIFORNIA Fhe Incorporated A -  FINAL DECEMBER 10, 2024 Resolution 2024-XX 2024 Safety Element Update  SAFETY  ELEMENT  Prepared by: City ofA Arvin Community Development Department  Page 1of33    2024 Update - Arvin Safety Element  SAFETYELEMENT  ARVIN CALIFORNIA  Incorporat Dec. 21  LEAD AGENCY: CITY OF ARVIN 200 CAMPUS DRIVE ARVIN, CA93203 PREPARED BY:  Community Development Department Jeffrey Jones- City Manager/Finance Director Christine Viterelli- Grants Manager Jake Raper = Project Coordinator ADOPTED: December 10, 2024 RESOLUTION NO. 2024- XX  Arvin Safety Map 2024  Page 2of33    2024 Update - Arvin Safety Element  TABLE OF CONTENTS  INDEX Purpose Relationship to Other General Plan Elements Context and Setting Hazard Risk Ranking Geologic and Seismic Hazards Geologic Hazards Geology Hydrology Groundwater Supply Groundwater Quality Surface Hydrology Seismic Hazards Fault Rupture Ground Shaking Secondary Seismic Hazards Liquefaction Seismic Seiches Flood Hazards Local Flooding Dam Inundation Levee Failure Hazardous Materials  1-2 5 6 6 7 7 7 7 7 8 8 8 9 12 12 12 12 14 14 14 14 18 18 18 19 20 20 20 20 21 21 21 22 23 23 23 23 23 24 24 24 25 25 26 26 26 27  Earthquake - Induced Landslide and Slope Failure  Transportation of Hazardous Materials Hazardous Materials Sites Hazardous Waste Oil Well Hazards Fire Hazards Wildland Fires Structure Fires Airport Operations Emergency Services, Preparedness, and Response Fire Protection Services Fire Prevention Police Protection Services Emergency Medical Services Emergency Communications Center Emergency Operations Plan Emergency Operations Center Terrorism Response and Recovery Plan Evacuation Routes Emergency Incident Information and Notification Drought Severity Establishment of] Drought Reduction Program  Oil Wells - Site Development Adjacent to and Over Abandoned Oil and Gas Wells  Construction Site Well Review Program  Arvin Safety Map 2024  Page 30 of33    2024 Update - Arvin Safety Element  Goals and Policies Citywide Safety Geologic and Seismic Hazards Flood Hazards Hazardous Materials Fire Hazards Drought Severity  28-33 28 28 29 30 31 32 32-33  Emergency Services, Preparedness, and Response  EXHIBITS  Figure 1-4: City of Arvin. EQS. San Andreas Mojave N. Vulnerability and Exposure Figure 1-5: City of Arvin - Subsidence Vulnerability and Exposure Snapshot Excerpt Figure 1-3 City of Arvin FEMA Flood Vulnerability and Exposure Snapshot Excerpt  10 11 13 16 17 22  Snapshot - Excerpt from 2020 Kern MJHMP Exhibit Figure 4.34 - Earthquake Shake Map for Kern County Firm - Arvin Flood Insurance Rate Map - Kern County- California  from 2020 Kern MJHMP from 2020 Kern MJHMP APPENDICIES Mitigation Plan REFERENCES  Exhibit Figure 4.82 City of Arvin Wildfire Risk  Appendix 1-1 Resolution No. 2021-55. Adopting the Updated Kern 20201 Multi-Jurisdiction Hazard Appendix 2- City of Arvin - Kern County Multi-Jurisdiction Hazard Mitigation Plan 2020  (AIl References are on file at the Community Development Department) City of Arvin General Plan - Land Use Element- - Updated 2024, Conservation and Open Space Element, Air City of Arvin General Plan - Noise Element adopted 1988, Safety Element adopted 1988, and Economic  Quality Element Community Health Element, and Implementation Plan - 2012 City of Arvin General Plan - Circulation Element adopted. August 21,2012  Development Element adopted 1988 City of Arvin Zoning Ordinance City of Arvin Standards and Specifications City of Arvin Drainage Master Plan Update - August 2009 2019 Safety Element Title 15, Building, Chapter 17.15.32 Floodplain Management  Kern County Multi-Jurisdiction Hazard Management Plan 2020 Volumes 1 and 2  Arvin Safety Map 2024  Page 4 of33    2024 Update - Arvin Safety Element  PURPOSE  The State General Plan Guidelines direct cities to incorporate required elements into their general plans, including Safety. The purpose of the Safety Element is to reduce the potential risk of death, injuries, property damage, and economic and social dislocation resulting from natural and human-induced hazards. The Safety Element establishes preventative and responsive policies and programs to mitigate the potential impacts associated with hazards that may affect the City ofA Arvin. This Element along with the 20201 Kern County Multi-Jurisdiction Hazard Mitigation Plan (MIHMP)addresses geologic and seismic hazards, flood hazards, fire hazards, hazardous materials, and emergency preparedness and response planning. The Safety Element also includes policies on natural hazard mitigation planning that implement and supports the Kern County Multi-Jurisdiction Hazard Mitigation Plan (MJHMP), adopted by the Arvin City Council on August 10, 2024, by Resolution No. 2021-55. City Council adopted the updated Kem Multi-Jurisdiction Hazard Mitigation Plan Volume 1a and its Annex, as approved by FEMA and Cal OES, as the official mitigation plan for The City of Arvin. The California Office of Emergency Services (Cal OES), and the FEMA Region IX officials have reviewed the updated MJHMP, and approved it contingent upon this official adoption by the participating governing body. The adoption oft the MJHMP complies with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the updated 2021 Kern County Multi-Jurisdiction An adopted, most recently adopted MJHMP, hazard mitigation plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation grant programs. The MJHMP must be incorporated into the local jurisdiction Safety Element in order to qualify for pre- and post-disaster mitigation grant programs. The adopted Hazard Mitigation Plan (HMP) describes thet type, location, and extent ofall naturall hazards that can affect thej jurisdiction; describe thej jurisdiction's vulnerability to these hazards; include a mitigation strategy that provides the. jurisdiction's blueprint for reducing the potential losses; and contains a plan maintenance process. The 2021 Kern County Multi- Jurisdiction (Arvin) Hazard Mitigation Plan (HMP) addresses the natural disasters that may affect the City of Arvin: Flood, Geologic, Severe Weather, Drought, and Extreme Heat. The HMP identifies community policies, actions, and tools fori implementation to reduce thej public'sexposure tot these hazards, to minimize property damage and community disruption, and to reduce or avoid the costs of disaster relief. Arvin City Council on August 10, 2024, by Resolution No. 2021-55 adopted the 2020 Kern Multi- Jurisdiction Hazard Mitigation Plan (HMP), Attachment 1, which incorporates implementation programs ofthe Safety Element and contains programs that implement its policies. The City of Arvin participates in the Kern County Multi-urisdiction Hazard Mitigation Planning and the HMP is updated on a five (5)year cycle. The HMP will continue to be incorporated by reference in the Safety Element. The Safety Element and HMP are complementary documents that work together to achieve the goal to reduce the impacts on a The City of Arvin's Safety Element is incorporating the 2020 Kern County Multi-urisdiction Hazard Mitigation Plan (MJHMP) Volume 1 and its Annex for the City of Arvin, as approved by FEMA and  Hazard Mitigation Plan (MJHMP).  community from a disaster.  Cal OES, as the official mitigation plan for The City of Arvin.  Arvin Safety Map 2024  Page 5 of33    2024 Update - Arvin Safety Element  RELATIONSHIP TO OTHER GENERAL PLAN ELEMENTS  The California Government Code requires internal consistency among the various elements of a general plan. The Safety Element is affected by policies contained in other elements of the Arvin General Plan including the Land Use, Housing, Circulation, Conservation and Open-Space, and Noise Elements, and Thel Land Use Element is linked to the Safety Element as the policies and programs are intended toj protect current and planned land uses. Potential hazards identified in the Safety Element are addressed through programs established to avoid or mitigate public safety impacts associated with future development, such The Housing Element identifies existing and projected housing needs, and establishes goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing to serve all members oft the community. The Safety Element addresses hazards or nuisances that should be considered when determining the location of new housing development and improvements to The Circulation Element is closely related to safety and security as well-designed streets and efficient circulation are imperative during an emergency. The provision of viable evacuation routes within the City are linked to the planned circulation system described in the Circulation Element. Safety is integral in maintaining an efficient, effective, coordinated, multi-modal circulation system that serves a variety of The Conservation and Open Space provides information on soils and erosion, and water quality within the Planning Area in the interest of health, safety, and welfare. Additionally, flood control measures are includedi int the Conservation and Open Space oft the City's General Plan under thet title ofPublic Health and Safety for the protection of the lives and property of its citizens during a disaster. Flooding has been The Noise Element also affects Safety Element as it contains safety guidelines regarding acceptable noise levels which consider occupational noise exposure as well as noise exposure in the home. The guidelines recognize exterior noise levels to protect the public from hearing loss, activity interference, sleep disturbance, and annoyance. The Noise Element also documents and guides the location ofr noise sensitive land uses including all residential uses and schools sO they may be less impacted by noise. Section 65300.5 of the Government Code states that the general plan and the individual elements shall be integrated and internally consistent. The city will maintain this consistency as future General Plan amendments are processed by evaluating proposed amendments for consistency with all elements of the  may overlap with topical areas addressed in these elements.  as land use compatibility.  existing housing.  transit, automobile, bicycle, and pedestrian users in a complete street network.  identified as a major issue for areas of the City and is discussed in detail in the HMP.  Arvin General Plan.  CONTEXT AND SETTING  Thel Kern County Multi-urisdiction Hazard Mitigation Plan - Participating Jurisdiction Annex - City of Arvin, Attachment 1, details the hazard mitigation planning elements specific tothe City ofArvin. This Annex is not intended to be a standalone document but appends to and supplements the information contained in the umbrella plan document. As such, all sections ofthe umbrella plan, including the planning process and other procedural requirements apply to and were met by the City of Arvin. This Annex provides  Arvin Safety Map 2024  Page 6of33    2024 Update - Arvin Safety Element  additional information specific to the City of Arvin, with a focus on providing additional details on the planning process, risk assessment, and mitigation strategy for  the City of Arvin. HAZARD RISK RANKING  The City of Arvin, based on the hazard prioritization process used for Kern County resulted in the hazard risk of four (4) vulnerability areas: 1. Farthquakes; 2.1 Flooding;  3.1 Drought; and 4. Soil Stability. GEOLOGIC AND SEISMIC HAZARDS  Geologic and soils hazards include subsidence, expansive soils, and steep slopes and landslides. Seismic hazards related to earthquakes include ground shaking and ground failures, such as liquefaction, lateral spreading, ground lurching, seiches, mudslides, landslides, and soil slumping. Geologic hazards pose a danger to residents of Arvin and can result in significant property and infrastructure damage.  GEOLOGIC HALARDS Existing Safety and Geologic Conditions  Geology:  The San Joaquin Valley, which includes the Arvin area, is the most extensive basin areai in the State of California. This basis area was formed by intermittent westerly tilting 6ft the underlying crystalline rocks, which elevated the Sierra-Nevada Mountains on the east border oft the valley and depressed the western portion of the valley. Slopes in the valley feature a southwest alignment and consist ofu underlying crystalline based complex and overlying sediments. Int the vicinity oft the community of Arvin, the sediment layer is approximately 4,800 ft. thick and consists of older sedimentary rocks composed primarily ofstratified sandstone, conglomerates and shale. In: addition, there is overlyingyounger unconsolidated sediment Portions of Kern County are identified as seismically active areas consisting oft major unstable fault lines. Within the Arvin vicinity, 8 major fault line systems have been identified. The White Wolf Fault runs 3 miles south oft the community of Arvin. The Edison Fault runs 81 miles north oft the community. In addition, the San Andreas Fault, the Garlock Fault, the Sierra-Nevada Fault, the Big Pine Fault, thel Kern Canyon Fault, and the Bear Mountain Fault are significant Three major earthquakes have occurred ini the county since such events have been historically recorded, the nearest seismic event to the local community occurred in 1952. This major quake, known as the Arvin-Tehachapi quake, measured 7.7 on the Richter scale and caused extensive damage throughout the County. The epicenter oft the quake was located on the White Wolf Fault zone which impacted the City. Magnitude 5.0: and above earthquakes occur frequently, but damage has been limited from these events. However, damage to the. Arvin community was  approximately 1,900 ft. thick.  fault systems which run in the vicinity of Arvin.  relatively minimal. (App-3 1988 Safety Element)  Hydrology:  The Arvin area significantly contributes to Kern County as being one oft the most productive agricultural counties in the nation. In order to sustain the intense farming activities in the area,  Arvin Safety Map 2024  Page 7 of33    2024 Update - Arvin Safety Element  the local community derives much ofi its domestic and agricultural water supply from  groundwater resources. Groundwater Supply:  Arvin receives its water services from the Arvin Community Services District. The district manages the water source for domestic, agriculture, recreational and industrial purposes from groundwater within the Tulare Lake groundwater basin, which encompassess asignificant portion oftheSanJoaquin Valley. Groundwater within the basin moves in as south-southwest direction The Arvin Community Services District (ACSD), adopted its 2015 Urban Water Management Plan (UWMP), which was an update oft the 2010UWMP, and is required to update the UWMP each cycle where the year ends in 15 and 0. The plan includes a description oft the service area of the District, the current and projected population ofthe District, a description oft the climate and other demographic factors that affect water management, identification oft the existing and planned water resources ofthe District including groundwater management plan prepared by the Arvin-Edison Water Storage District ("AEWSD") which is the underlying water purveyor in the area, description oft the groundwater basin and groundwater levels, the participation of ACSD with. AEWSD int the groundwater management program, the location, the amount of groundwater pumped ini the last five years and sufficiency oft the supply, a description oft the groundwater supply and aj projection oft the groundwater demands for the next 20 years, a description ofthe reliability of the groundwater supply and its vulnerability to seasonal or climactic shortage, a statement addressing he consistency oft the District's water supply, a district's anticipated water supply projects, thel District's water use projections, water use projections for lower income families, the District's water shortage contingency plan and a The district's 2015 Urban Water Management Plan is available at the District's office located at  within thel basin toward the low lying portion oft the valley.  water supply reliability assessment.  309 Campus Drive, Arvin, Ca 93203, contact phone number 661-854-2127.  Groundwater Quality:  Groundwater quality in the Arvin area is suitable for domestic use. According to the Arvin Community Services District, the water underlying the Arvin community is generally of good quality. As noted above, the 2015 UWMP addresses the water supply and quality for the Arvin The Arvin Community Services District water supply is deemed to be ofh high quality. This determination relates to an excellent groundwater recharge basin for the Kern River watershed and activities of the Arvin Edison Water Storage District. Water from these sources is ofhigh  area.  quality. Surface Hydrology:  The City of Arvin is situated on a deep alluvial fan. The ground surface slopes from northeast to southwest at a 0.5% slope. The primary utilization of the land surrounding the community is almost exclusively agriculture, oil extraction, or open space. The soil in these areas are identified as being highly permeable. As the land is very low sloping and the soil has a tendency oft being The. Arvin area does not possess any significant natural bodies of water. The Arvin-Edison Canal is located to the north and east oft the City, running in a diagonal alignment. The East Side Canal, which runs in ai northwest-southwest alignment, approaches within one mile ofthe  permeable, water run-offis considered slight.  Arvin Safety Map 2024  Page 8 of33    2024 Update - Arvin Safety Element  southwest portion oft the city. Both oft these canals are primarily used for agriculture irrigation. Sycamore and Little Sycamore Creeks are natural drainage channels which flow from the Tehachapi Mountains approximately four miles east and southeast, respectively, oft the Arvin community. These creeks carry relatively low volumes ofwater and are only identified on a seasonal basis. The flows from these creeks usually run no farther than the Arvin-Edison Canal. According to the Federal Emergency Management. Agency (FEMA.), the entire incorporated land within the City of Arvin as well as the immediate surrounding vicinity, lies within the 100 year floodplain of Caliente Creek. This major drainage channel flows into the Southern San Joaquin Valley floor about 10 miles northeast of the Arvin community. Water flow is only seasonal; however, this channel has historically carried large volumes of water over short time periods. Subsequently, considerable damage has been caused to some of the agriculture in outlying and developed areas int the Southern San. Joaquin Valley floor. During similar flood occurrences, the creek water has flowed in a north to south directioni into a channel just east of TowerLine Road, which turned in a westerly direction approximately one mile south oft the City ofArvin. During more intense flooding periods, the water flow has been less predictable and Inre recent years, flooding has been a significant issue in the Arvin area. Storm water run-off generated within the City of Arvin is generally collected and transported by streets into the City's existing two drainage sumps. Sump One is located on the west central portion oft the City along Comanche Drive near Bear Mountain Boulevard. Sump Two is located on1 the southwest The City of Arvin maintains al Master Drainage System, which can collect and hold storm water run-off originating within the majority of the city from any storm ofai magnitude less than or equal to a 10-year storm. Storm events of greater magnitude can also be accommodated through the overflow provision provided with the existing andj proposed sumps. The majority ofrun-off produced by storms is presently being collected and conveyed to the south end oft the City by existing street improvements and pipelines to the sumps. Future run-offi is expected to continue being collected int the same manner but will be supplemented by additional street and pipeline  has been known to cover parts oft the. Arvin General Planning area.  portion oft the community within the Smotherman Park site.  improvements. SEISMIC HAZARDS  Arvin, like most ofCalifornia, is located within a seismically active region. Faults and earthquakes present direct hazards from fault rupture and ground shaking, as well as indirect hazards, as described further below. Kern County, in general, is recognized as a seismically active region with several major  unstable fault lines identified in the county's geologic composition.  Arvin Safety Map 2024  Page 9 of33    2024 Update - Arvin Safety Element  Figure 1-4: City of Arvin - EQS. San Andreas Mojave N. Vulnerability & Exposure Snapshot-  Excerpt from 202 Kern MJHMP  EQ-S.SAN ANDREAS MOJAVEN N. VULNERABILITY & EXPOSURE SNAPSHOT  ARVIN  BerMoumbineha  EBearMoun  EXPOSURE SUMMARIES* 20,331 100% 3,611 100%  POPULATION COUNT  PARCEL COUNT  PARCEL VALUE IMPROVEMENT $324,972,386 100% Essential Facilities CONTENT $162,522,193 100%  CRITICAL; INFRASTRUCT  COUNT HighF PotentialLoss TanspoatationaLieline  1100% 64100% 1100% Dynamic forKer! Planr  MAPLEGEND  X  WENK UGHT MODERATES SIRONG VERY SEVERE VIOLENT EXTREME *Exposure MMI classes. summaries Hazard data include source: strong, USGS. very strong, ands severe  MMI  STRONG  (%)- Percent of respective category totals for jurisdiction.  Arvin Safety Map 2024  Page 10of33    2024 Update - Arvin Safety Element  Figure 4.34. Earthquake Shake Map for Kern County  ONIQWVN8381 NVS  Arsuaur burseaou  Kem) Multi. Jurisdiction llazard Mitigation Plan  FINAL  4,102 amed9  Sepember 2012  Arvin Safety Map 2024  Page 11 of33    2024 Update - Arvin Safety Element  Fault Rupture  Kern County is located in one of the more seismically active areas of California and my, at any time, be subject to moderate-to-severe ground shaking. Thei reason fort this ist the presence ofthe major active faults inp portions oft the County. The infamous San Andrea'sl Fault runs just outside ofa and parallel to the western border of Kern County and eventually enters the south western portion of the county near Frazier Park, where it is intersected by the northeasterly trending Garlock Fault. Please refer to Section 4.2.10 Earthquakes - Kern County Multi-Jurisdiction Hazard Management Plan for ai more detailed discussion of The White WolfFault and thel Edison Fault are: respectively located three miles south and eight miles north of the Arvin community. In addition, a number of other unstable fault lines, including the San Andreas, Garlock, Big Pine, Kern Canyon and Bear Mountain Faults are situated ini the general vicinity of Arvin. The White Wolf Fault Zone is south and east of Arvin. In 1952a 7.7 earthquake was experienced. Refer tol Figure 4.34 Earthquake Shake Map for Kern County. Additionally, seismic hazard mapping indicates that the City has low seismic hazard potential. While there are no known active faults residing within or near the City limits, the Planning Area is likely to experience hazards associated with earthquakes, such as  faults.  ground shaking. Ground Shaking  Ground shaking from earthquakes affects the most] people and can cause the most damage ofany geologic hazard. The amount of ground shaking depends on the magnitude ofthe earthquake, the distance from the epicenter, and the type of earth materials in between. Arvin experienced significant ground shaking from aN Magnitude 7.7 earthquake that occurred on the White Wolf Fault in 1952. Arvin is located within an: area  identified as having moderate ground shaking probability.  Secondary Seismic Hazards  Ground shaking can induce secondary seismic hazards such as liquefaction, lateral spreading, subsidence, ground fissuring, and landslides. Liquefaction of saturated cohesionless soils can be caused by strong  ground motion resulting from earthquakes.  Liquefaction  Liquefaction can occur when loose sand and silt that is saturated with water behaves like a liquid when shaken by an earthquake, resulting in ground failure. The California Geological Survey identifies liquefaction zones where the stability of foundation soils must be investigated and countermeasures  undertaken in the design and construction ofbuildings for human occupancy.  Arvin Safety Map 2024  Page 12 of33    2024 Update - Arvin Safety Element  Figure 1-5: City of Arvin - Subsidence Vulnerability & Exposure Snapshot- - Excerpt from 2020  Kern MJHMP  SUBSIDENCE VULNERABIUTY&E EXPOSURE SNAPSHOT  ARVIN  ByouipaNo  EBeaMountal  EXPOSURE SUMMARIES" POPULATION COUNT 20,287 100% 3,611 100% MAPLEGEND LOWLIFT LOW SUBSIDENCE MEDIUW SUBSDENCE HIGH SUBSIDENCE  PARCEL COUNT TEARTHN HMOVEMENT  PARCEL VALUE IMPROVEMENT $324,972,386 100% EssentialFacilities CONTENT $162,522,193 100% Hazard data source: DWR.  CRITICAL INFRASTRUCTUI  COUNT HighP Potential Loss TanspontationsLieine  1100% 64100% LNE 1100% DynamicF Plannine for Kernc  *Exposure summaries include all classes ofe earth movement. (%6)- Percent ofi respective category totals for jurisdiction.  Arvin Safety Map 2024  Page 13 of33    2024 Update - Arvin Safety Element  cartnquake-Induced Landslide and Slope Failure  In addition to liquefaction, the California Geological Survey identifies landslide zones, which generally indicate steep hillslopes composed ofweak materials that may fail when shaken by an earthquake. These areas are required to be investigated and countermeasures undertaken in the design and construction of buildings for human occupancy. Arvin is not located within an area identified as having the potential for earthquake-induced landslides. Similarly, duet toi the relatively flat topography of Arvin andi the surrounding area, lateral spreading, mudslides, ground lurching, and soil slumping are unlikely to occur.  Seismic Seiches  Seismic seiches are standing waves in an enclosed or partly enclosed body of water, such as rivers, reservoirs, ponds, and lakes. There are no large bodies of water located within the Planning Area. The potential for water from the lake to reach the Planning Areai in the event ofas seiche is limited.  FLOOD HAZARDS Local Flooding  The location, topography, and land uses in and around the City pose unique drainage situations for the way local runoffi is contained. Ast the City has been developed onj predominantly agricultural lands, sump basins are thej primary facilities used to retain the local storm water flows. The City has prepared a Storm Drain Master Plan to identify and address local flooding issues within the City. Identified improvements to the existing drainage systems consist primarily ofu upsizingexisting storm drain facilities and extending existing Arvin is within either the 1% or .02% annual chance of a flood event. Much of the flooding in Arvin is characterized by shallow sheet flow of 2 feet depth or less. Arvin adopted Chapter 15.32 Flood Management which promote the public health and safety, and general welfare ofi its citizenry requiring all new development to comply with the development standards as established and may bei modified from time  storm drain systems farther upstream to the areas of flooding.  totime.  Arvin Safety Map 2024  Page 14 of33    2024 Update - Arvin Safety Element  THIS PAGE: LEFT BLANK INTENTIONALLY  Arvin! Safety Map 2024  Page 15 of33    a  mll Trn Dilaill    -  -  MAM    Figure1-3: City of Arvin - FEMA Flood. Zone Vulnerability & Exposure Snapshot- - Excerpt from 2020  Kern MJHMP  FEMA FLOOD ZONE VULNERABILITY & EXPOSURE SNAPSHOT  Bearoubinehd:  EBarMounatne  EXPOSURE SUMMARIES" POPULATION COUNT 20,331 100% 3,611 100% MAPI LEGEND 100-YR 100-YRFLOODWAY  PARCEL COUNT  PARCEL VALUE IMPROVEMENT $324,972,386 100% Essentiali Facilities CONTENT $162,522,193 100%  CRITICAL! INFRASTRUCTURE  COUNT High Potential Loss TansportationaLieine  1100% 64100% LINEARA 1100% 5 Dynamic Planning +S fork KemCoun  *Exposure summaries include 100-year and 500-year flood (%). Percent of respective category totals forj jurisdiction.  500-YR PROTECTED BY LEVEE zone areas. Hazard data source: FEMA.  Page 17 of33    2024 Update - Arvin Safety Element  Dam Inundation  Dams are man-made structures built fora a variety of uses including flood control, power, agriculture, water supply, and recreation. When dams are constructed for flood control, they usually are engineered to contain af flood with a computed risk of occurrence. Dam failures can result from any one or a combination of causes, including prolonged periods of rainfall and flooding; earthquake; inadequate spillway capacity resulting in overtopping; ori internal erosion caused by embankment or foundation leakage or piping. Dams can: fail at any time ofyear, but the results are: most catastrophic when the dams fill or overtop during winter or spring rain/snowmelt events. The onset time of dam failure depends on the type of failure. Ifthe dam isir inspected regularly then small leaks allow for adequate warning time. Once a dam is breached, however, failure and resulting flooding occurs rapidly. Although there are several dams that have the ability to affect Kern County in the event ofi failure, the potential for significant flooding associated with dam inundation toc occur within Arvin has not been identified. Dam inundation maps forl Lake Isabella, the largest reservoir  int the County, indicate that flooding from dam failure would not extend into Arvin.  Levee Failure  Levee's are designed toj protect against a certain level off flooding. However, levees can and do decay over time and can also be overtopped, or even fail during large floods. According to the 2012 Kern Multi Jurisdiction Hazard Mitigation. Plan (Kern MJHMP) Figure 4.32, Kern County Levee Location Map, there are no levees located within Arvin or the surrounding area. The Kern MJHMP identifies the likelihood of al levee failure as low with limited affects to Kern County int the event ofa levee failure, with the exception of Bakersfield. However, the Friant-Kern Canal, which is located west of the City's western boundary, serves as al levee structure. The Friant-Kern Canal is under the jurisdiction oft the U.S. Department oft the Interior Bureau of Reclamation. Although unlikely, the canal levee could fail ifovertopped. In the event the canal is breached, runoffwould. spread out and flow into the City of Arvin from the east. Noi flows have overtopped the canal levee since its opening in 1953, but water has ponded near thet top oft the levee.  HAZARDOUS MATERIALS  The California Code of Regulations defines al hazardous material as a substance that, because of physical or chemical properties, quantity, concentration, or other characteristics, may either (1) cause an increase in mortality or an increase in serious, irreversible, or incapacitating, illness or (2)pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed. Hazardous waste is hazardous materials that no longer have practical use, such as substances that havel been discarded, discharged, spilled, contaminated, or arel being stored priort toj proper disposal. A hazardous materials incident involves the uncontrolled release ofal hazardous substance during Inaddition, the California Legislaturel has passeda al law, 65962.5(a)ofthe Government Code, which requires persons applying for development projects to review a listing of all hazardous waste sites. Ifthe site of your proposed development project is included on the list ofhazardous waste sites (Kern County Cal/EPA below), then it shall be noted. Please review the website Pesagore in Arvin, CA The State's Accidental Release Prevention Law provides consistency with Federal laws (i.e., the Emergency Preparedness and Community Right-to-Know Act and the Clean Air Act) regarding accidental chemical releases and allows local oversight of both the State and Federal programs. State and Federal laws are similar in their requirements; however, the California threshold planning quantities for regulated substances are lower (stricter) than the Federal quantities. Local agencies may set lower reporting thresholds or add additional chemicals to the program. The Accidental Release Prevention Law is  storage, use, or transport.  for most recent listing.  Arvin Safety Map 2024  Page 18 of33    2024 Update - Arvin Safety Element  implemented by the Certified Unified Program Agencies (CUPAs) and requires that any business utilizing a greater quantity of a regulated substance than the specified threshold quantity, register with the responsible CUPA as a manager of regulated substances and prepare a Risk Management Plan. AJ Risk Management Plan must contain an off-site consequence analysis, a five-year accident history, an accident prevention program, an emergency response program, and a certification oft the truth and accuracy oft the submitted information. Businesses submit their plans to the CUPA, which makes the plans available to emergency response personnel. The Business Plan must identify the type of business, location, emergency contacts, emergency procedures, mitigation plans, and chemical inventory at each location. Under CUPA, site inspections of these hazardous materials programs (above ground storage tanks, underground storage tanks, hazardous waste treatment, hazardous waste generators, hazardous materials management and response plans, and the California Fire Code) are consolidated and accomplished by a single inspection. In addition, this program provides emergency response to chemical events to furnish substance identification; health and environmental risk assessment; air, soil, water, and waste sample collection; incident mitigation and cleanup feasibility options; and on-scene coordination for state superfund incidents. The program also provides for the oversight, investigation, and remediation of The CUPA for the City of Arvin is Kern County's Environmental Health Services Department. The Environmental Health Services Department (EHSD) was established in 1989 by the Board of Supervisors. The EHSD's Hazardous and Solid Waste Division is designed to protect the public health and the environment int the areas ofhazardous material and waste: surveillance: and enforcement, radiologicall health, vector control, solid waste and infectious waste. Legal authority fort these programs is provided by a variety of state and local statutes including the California Health and Safety Code and the California Code of Regulations, which designates the EHSD as the Local Enforcement Agency for the California Integrated Kern County Environmental Health Division, Hazardous Materials Emergency Response program serves to protect the residents of Kern County by responding to hazardous materials emergencies. The first responders perform health and environmental safety assessments, substance identification and monitoring as part of an interagency Emergency Response team as well as provide and oversee investigation and  unauthorized releases from underground tanks.  Waste Management Board.  cleanup ofincidents activities.!  Transportation of Hazardous Materials  Hazardous substance incidents could occur in Arvin due to the presence of highways and railways. The transport of hazardous materials may occur along the San Joaquin Valley Railroad spur and/or Hwy 223 (Bear Mountain Blvd.) which traverse the City. In the event of train derailment, hazardous materials transported on the rail line could be released impacting adjacent development and properties. Given the City's reliance on groundwater, the potential release of hazardous materials could migrate into the Transportation of hazardous materials/wastes is regulated by California Code of Regulations (CCR) Title 26. The United States Department of Transportation (DOT) is the primary regulatory authority for the interstate transport of hazardous materials. The DOT establishes regulations for safe handling procedures (i.e., packaging, marking, labeling, and routing). The CHP and Caltrans enforce Federal and State regulations and respond to hazardous materials transportation emergencies. Emergency responses are coordinated as necessary between Federal, State, and local governmental authorities and private persons  groundwater aquifer, potentially contaminating the City's drinking water supply.  through a State Mandated Emergency Management Plan.  Arvin Safety Map 2024  Page 19 of33    2024 Update Arvin Safety Element  Hazardous Materials Sites  Hazardous materials can bef found in certain businesses in Arvin including production or service processes, which generate hazardous waste. These businesses include automotive services, dry cleaners, photo processing, printing lithography, and medical services. The Kern County EHSD is responsible for the remediation of the Underground Storage Tanks through alternatives including soil washing, vapor extraction, bioremediation, and pump andi treat ofthe contaminated groundwater. Remediation alternatives would provide benefits of no contamination of groundwater and soil. Facilities handling moderately and extremely hazardous materials have a greater chance ofs significant onsite and offsite consequences ift the hazardous materials are released. The last inspection date and category are used to determine inspection  priority and frequency, respectively. Hazardous Waste  Hazardous waste is waste with properties that make it dangerous or potentially harmful tol human health or the environment. Residential Hazardous Wastes are products purchased for use in or around thel home, that when improperly discarded, may threaten human health or the environment including household cleaners; deodorizers; personal hygiene products; pesticides; herbicides; insecticides; pet care products; paint products; photographic chemicals; swimming pool chemicals; and automotive products & fluids.2 Business Hazardous Waste is generated during the course of operating a business including schools, government agencies, churches, farms, landlords, property managers, ranches, non-profit organizations as well as conventional businesses. Kern County area landfills do not accept hazardous waste. However, households may bring residential hazardous wastes to one oft three County Special Waste facilities or hazardous waste collection events in the county, while businesses that generate hazardous waste are required by state and federal law to contract with registered hazardous waste transporters and disposers. The Kern County Special Waste Facilities serve the hazardous waste disposal needs of Kern County businesses including within the City of Arvin. The Conditionally Exempt Small Quantity Generator (CESQG) Program allows eligible businesses to bring hazardous waste to one oft three Special Waste Facilities serving Kern County. State and Federal Laws limit the use of this type of program to businesses that qualify as a CESQG. Businesses generating larger amounts are required to use al licensed hazardous waste hauler toi manifest and transport their waste. Historical accumulations of waste may require the services ofal licensed hazardous OIL WELLS - SITE DEVELOPMNET ADJACENT TO AND OVER. ABANDONED OIL  waste hauler. AND GAS WELLS Oil Well Hazards  The City of Arvin has several active and abandoned Oil and Gas Wells within its jurisdiction and within its Sphere of Influence. Issues related to oil well productions include occasional spills of crude oil and groundwater contamination. More long-term issues involve the decommissioning of the oil wells, abandonment of the wells and development oft the area after it is no longer used as an oil well. Wells must be vented to the atmosphere and plugged for several hundred feet with cement or clay- Hazards exist for both active and abandoned oil wells. Potential hazards from active oil wells include potential soil and groundwater contamination, as well as the release of methane gas. The abandonment of oil wells falls with the jurisdiction oft the California Department of Conservation; Geologic, Energy Management Division, CalGEM. The California Geologic Energy Management  based mud according to the specification in the  Arvin Safety Map 2024  Page 20of33    2024 Update - Arvin Safety Element  Division (CalGEM) prioritizes protecting public health, safety, and the environment in its oversight of the oil, natural gas, and geothermal industries, while working tol help California achieve its climate change and clean energy goal. Oil wells are subject to regulation and oversight by CalGEM. Additionally, CaIGEM provides regulations regarding the placement of structures on abandoned oil well sites. Abandoned wells must be vented to the atmosphere and plugged. A well is plugged by placing cement int the well-bore or casing at certain intervals as specified in California laws or regulations AbmdommeaRahmmmet Guidelines) published by and regulated by the California Department of Conservation; Geologic Energy Management Division, CalGEM.  Construction Site Well Review Program:  Prior toi the development ofl lands where abandoned or activity wells exist, the City will contact the California Department of Conservation; Geologic Energy Management Division, CalGEM, for assistance ini the development review process. The CalGEM is charged with implementing Section 3208.1 of the Public. Resources Code (PRC). Asaresult, the Division developed the Construction Site Well Review Program to assist local permitting agencies in identifying and reviewing the status Before issuing building or grading permits, local permitting agencies review and implement the Division's preconstruction: requirements. Interaction between local permitting agencies and the Division helps resolve land-use issues and allows for responsible development in oil and gas fields. California Public Resources Code Section 3208.1 intent is to prevent, as far as possible, damage to life, health, and property. The operator responsible for plugging and abandoning deserted wells under Section 3237 shall be responsible for the abandonment as provided in Section 3208.1(a).  ofoil or gas wells located near or beneath proposed structures.  FIRE HAZARDS Wildland Fires  A wildland fire is a large destructive fire that spreads quickly over woodland or brush. The California Department of Forestry and Fire Protection (CAL FIRE) conducts fire hazard severity mapping including mapping areas ofs significant fire hazards based on fuels, terrain, weather, and other relevant factors. These zones, referred to as Fire Hazard Severity Zones (FHSZ), define the application of various mitigation strategies to reduce risk associated with wildland fires. According to thel Kern County Firel Hazard Severity Zone (FHSZ) map, there are no Fire Hazard Severity Zones (FHSZ) located within the Arvin Planning  Area.  Arvin Safety Map 2024  Page 21 of33    2024 Update - Arvin Safety Element  Figure 4.82. City of Arvin Wildfire Risk  m.apdyn  :  Avpota  1441F407  ropie JOjMN  my ofips   Kern Multi Jurisdiction1 Hesard Mitigation Plan September 2012  PINAL  4281 amec  Structure Fires  There is the potential for Arvin to experience structure fires, including homes, industrial and commercial buildings, and other facilities. Many fires are related to human behavior or buildings that do not meet current fire regulations. Fires vary in terms oft their potential threat to life and property. Areas with older buildings and deteriorated structures tend to have higher fire hazards. Generally, the risk ofi injury and damage is greater for higher occupancy structures, such as apartment buildings, hotels, hospitals, and  Arvin Safety Map 2024  Page 22 of33    2024 Update - Arvin Safety Element  churches. Land use considerations affect fire potential, as industrial and commercial areas tend to have higher risks of fire associated with operations. Consideration for fire protection in the City also involves adequate access for fire and emergency response as new areas develop within the Planning Area.  AIRPORT OPERATIONS  The nearest public use airport is the Bakersfield Municipal Airport which is located approximately 18 miles to the northwest, andt thei nearest private airporti is the agricultural (crop dusting) landing strip locateda approximatelyaquarer  mile to thes southwest oft the city limits.  EMERGENCY SERVICES, PREPAREDNESS, AND RESPONSE  Fire Protection Services  The City of Arvin provides fire prevention, fire protection, emergency medical services, and related services through a contract with the Kern County Fire Department (KCFD). Other Fire Department functions include hazardous materials mitigation, public education and training, arson investigation, air operations, and apparatus maintenance. The Department provides service to Arvin and the surrounding area from Station 54 located at 301 Campus Drive in Arvin (Figure II-3). KCFD employs more than 625 permanent staff, and serves an area spanning more than 8,000 square miles and aj population of more than 500,000. Station 541 maintains a staff ofthree full-time firefighters equipped with two Type 1 engines and one Type 4 FWD Watershed Patrol. Int the event that additional personnel are needed to address an emergency, Station 51 is located in Lamont approximately 6.2 miles to the northwest.  Fire Prevention  The firej prevention inspection program consists ofTitle 19 mandatory inspections, miscellaneous or permit inspections and the Company Firei inspections which are completed by fire station personnel. Arvin utilizes its Municipal Code to promote public safety and welfare and toj prescribe regulations governing conditions hazardous to life and property from fire or explosions by the adoption of minimum firej prevention  standards.  Police Protection Services  The Arvin Police Department is a full-service department with a variety of specialties and community services. Thel Police Department strives to work as partners with the community tos serve: andj protect. They provide law enforcement services that focus on building the quality of life of citizens and visitors in the City through proactive problem solving, fair and equitable police services, and utilizing resources effectively. The Police Department ensures public safety in the community by responding to all crime- related matters, hazardous situation incidents, neighborhood disputes, and suspicious activities. The City's public safety services include Administration, Animal Control, Dispatch, Patrol, School Resources Officer. The Traffic Division is dedicated to keeping citizens safe in the City whether they are driving, biking, or walking by incorporating traffic education through enforcement, seminars at local schools to educate students on the rules oft the roadway and to conduct traffic collision investigations. The Police Department School several community programs including the Police Explorer Program that allows community members to experience first-hand how the department functions and what it takes to get started ina law enforcement career and the Citizen Volunteer Program in which volunteers donate their time  assisting patrol officers or attending special events.  Arvin Safety Map 2024  Page 23 of33    2024 Update - Arvin Safety Element  Emergency Medical Services  Thel Emergency! Medical Services Department (EMS)is the lead agency for the emergency medical services system in Kern County. Inl Kern County, the Board of Supervisors designated the EMS Department as the Local EMS Agency. The Kern County Ambulance Ordinance, which governs the majority of the pre- hospital systems in the County, was adopted by the Board of Supervisors in November 1990, and became effective on February 28, 1991. As a result of this ordinance and the subsequent regulations, the EMS System in Kern County became more structured and included, for the first time, measurable standards for the response of paramedic level of care to the citizens of Kern County during an emergency. EMS is responsible for coordinating all system participants in the County. Participants include the public, fire departments, ambulance companies, other emergency service providers, hospitals, and EMT training programs. EMS also provides certification and re-certification for EMT's, paramedics, specialized nurses, EMS includes a system of services organized to provide rapid response to serious medical emergencies, including immediate medical care and patient transport to definitive care in an appropriate hospital setting. While most EMS responses are day-to-day emergencies, EMS agencies also plan and prepare for disaster medical response. In addition, EMS is becoming more and more involved with preventative health  and specialized dispatchers.  care and managed care int the overall scope ofi its functions. EMS includes:4  Public safety dispatch; Fire services first response and treatment; Law enforcement agencies; Hospitals and specialty care centers; Managed care organizations; Preventative health care; and Citizen and medical advisory groups. Emergency Communications Center  Private ground and air ambulance response, treatment and transport; Training institutions and programs for EMS personnel;  The Emergency Communications Center (ECC) is responsible for receiving and dispatching all fire, medical andi rescue calls. The ECC receives transfers calls from 21 different law enforcement agencies and gives calls to seven different private ambulance companies with an annual call volume at approximately 86,000 calls. All calls requiring medical aid or ambulance dispatch are put through thel National Academy of Emergency. Medical Dspateh(MDprolocls, insuringi that all medically related calls willl bej processed the same way and the appropriate response is sent on every call. It also requires dispatchers to remain on the line for life threatening emergencies and give appropriate pre-arrival instructions to the caller such as CPR, the Heimlich maneuver, and childbirth. During fire season, wildland fire dispatching is a large part of ECC operations, utilizing Resource Ordering and Status System (ROSS) to ensure that responders receive the needed: resources to fight wildland fires, from engines, bull dozers, hand crews, and aircraft.  Emergency Operations Center  The Emergency Operations Center (EOC) is a centralized location to support multi-agency and/or multi- jurisdiction disaster response coordination and communication. Unique to the State of California is the definition of an Operational Area, which includes all political subdivisions within the County boundary. On behalfofthel Kern Operational Area, thel Kern County EOC will serve ast the designated point ofc contact between thej jurisdictions within the County, as well as between the State and the Operational Area. During  Arvin Safety Map 2024  Page 24 of33    2024 Update - Arvin Safety Element  an emergency, staffi in the EOC will facilitate effective emergency: management. The EOC supports multi-  agency and multi-jurisdiction coordination and communication.  Emergency Operations Plan  The Kern County Emergency Operations Plan establishes an emergency management organization and assigns functions and tasks consistent with California's Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). The County of Kern is the lead agency for the Kern Operational Area and is tasked to coordinate emergency activities between the county, cities, and special districts and to serve as a communications link focusing on the collection, processing, and dissemination of vital disaster information. The Plan provides for the integration and coordination of planning efforts oft the County/Operational Area with those ofits cities, special districts and the state. The content is based on guidance provided by the California Emergency Management Agency, FEMA, and Department of Homeland Security. The intent of the Plan is to facilitate emergency response and short- term recovery by providing ai framework for response toa all significant emergencies, regardless ofthe nature  oft the event. The Plan is comprised ofi four major parts as follows:s  Basic Plan - Overview of County/Operational Area's emergency management program, Emergency Management Organization, and concept ofe emergency operations. General Procedures - Emergency procedures to be implemented by employees at the time ofa Emergency Operations Center (EOC) Procedures and Annexes - EOC procedures, annex and Contingency Plans - Event-specific information and emergency instructions (e.g., Terrorism). The Contingency Plans are separate documents that may bei implemented independent oft the Plan Further, Kern County's Health and Medical Branch, comprised of EMS, Department of Public Health (DPH), Environmental Health Services (EHS) and Mental Health Services (MHS), oversees and coordinates disaster medical and mental health care and public and environmental health services on a countywide basis in the field, Department Operations Centers (DOC), and County/Operational Area (OA)  major emergency or disaster.  checklists for each major EOC function, and resource and contact lists.  and are incorporated into the Plan by reference.  Emergency Operations Center (EOC). Terrorism Response and Recovery Plan  The Terrorism Response and Recovery Plan describes the emergency procedures that will be used in the event ofa a terrorist threat or incident that occurs ori impacts the Kern County Operational Area (OA), which includes Arvin. This Plan is designed to establish responsibilities, and to coordinate preparedness, response, and recovery from a terrorist-initiated incident, with emphasis placed upon incidents involving Weapons of Mass Destruction (WMD). The contingency plan supplements the existing Kern County Emergency Operations Plan. Itisi intended to provide general guidance. Actual response will be dependent upon conditions existing at the time oft the emergency, including the availability of local and mutual aid  resources.  Arvin Safety Map 2024  Page 25 of33    2024 Update - Arvin Safety Element  Evacuation Routes  Currently, the City of Arvin has no defined emergency: routes. SR 233 (Bear Mountain Boulevard) would serve as the primary emergency route since it bisects the City and provides an east west regional access to SR-99: and I-5 within Kern County and Sr-58 (Bakersfield-Tehachapi Hwy) to the east.  Emergency Incident Information and Notification  Kern County has implemented ReadyKern, an emergency notification system that alerts residents and businesses about natural disasters and other crises. The emergency notification system enables Kern County to provide essential information quickly in a variety of situations, such as earthquakes, severe weather, fires, floods, or evacuation ofb buildings or neighbourhoods. Residents and businesses with listed telephone numbers and those that register for notifications receive ar message abouta a potential safety hazard or conçern. Messages are sent to all standard voice and text communication devices, including land line phones, cell phones, and e-mail. Ifreceipt of the message is not confirmed, the system will try to reach the second contact number or email. The system will continue trying to contact someone until it receives a When the EOC is activated during an emergency, the Joint Information Centre (JIC) is established to coordinate, develop, and disseminate emergency-related public information. The. JIC is the central point of contact for all news media. Public information officials from all participating gencies/urisdictions are collocated at the. JIC. The news media receives regular briefings about the emergency in the Media Room  confirmation.  adjacent to the. JIC. Drought Severity residents.  The 2020 Kern MJMHP has identified drought as an area of concern that may impact the  The following list the description of potential issues relating to drought:  1. Arvin relies entirely on groundwater, aquifer depletion resulting from drought reduces the amount ofwater available. This affects both public water supplies and private wells. 2. Drought can cause significant property damage, as well as reductions in crop productivity and livestock, which results in increased cost of food production. 3. Existing City codes and regulations do not require or incentivize water conservation measures, including requiring low-flow toilets and showerheads. The 2020 Kern MJHMP has identified several mitigation measures that may assist int the lessening 1. Wind Breaks: In collaboration with Kern County, implement wind breaks to prevent wind erosion leading to soil instability and increasing risk oflandslides that could shut down or reduce capacity on Highway 223. Wind break erosion mitigation examples include solid fences, porous fences, straw bales, soil surface modification, berms, and 2. Implementation of Wind Breaks will have a long-term impact on the reduction of risk exposure for life and property, or projects will not provide an immediate reduction in  of drought conditions:  landscaping.  the risk exposure for property.  Arvin Safety Map 2024  Page 26 of33    2024 Update Arvin Safety Element  Establishment ofl Drought Reduction Programs:  The City of Arvin may establish drought reduction programs through the following:  1. Conduct wind erosion awareness outreach: outreach and educational programming to property owners and agricultural operators about wind erosion and mitigation techniques such as introducing cover crops, eliminating tillage, and avoiding over grazing. This could help avoid road closures associated with sheet flooding and 2. Develop and implement a public education campaign around water conservation 3. Adopt a new water conservation ordinance for commercial and residential land uses  landslides on roadways providing access to Arvin.  limiting outdoor watering  Figure 1-6: City of Arvin - Drought Severity Timeline - Middle Kern-Upper Tehachapi-  Grapevine - Excerpt from 2020 Kern MJHMP DROUGHT SEVERITY TIMELINE  MIDDLE KERN-UPPER TEHACHAP  UPPER KERN Isabella SOUTH FORK  ODELANO UPPER DEER-UPPER WHITE OMCFARLAND OwAsCo SHAFTER  TULARE LAKE BED  RIDGE INDIAN WEL SEARLES VALI  KERN  UPPER POSO OBAKERSFIELD  OARVIN MIDDLE KERN-UPPER TEHACHAPI GRAPEVINE Castac Lake  OTAFT WARICOPA  JEHACHAPI  CALIFORN! ANTELOPE-FREMON) VALLEYS Rosamond Lake  LEGEND  WATERSHEDI BOUNDARY USGSNHOHUCB o MUNICIPALITY  MIDDLEKERN-UPPER TEHACHAP-RAPEYINE WATERSHED  CHARTLEGEND AbnormallyDry DO  Moderate Drought Severe D2 Drought ExtremeDiought D3  ExceptonaDiought D4  Arvin Safety Map 2024  Page 27 of33    2024 Update - Arvin Safety Element  GOALS AND POLICIES  This section contains goals and policies that provide for the safety andj protection ofl life and property from the occurrence ofa natural or manmade hazard. Citywide safety goals and policies apply generally to any potential hazardous event, which may be addressed further int topic-specific goals and policies.  Citywide Safety Goal SAF-1:  A community protected from and prepared for natural and man-made hazards.  Policy SAF-1.1: Support projects, programs, policies, and regulations to mitigate potential impacts Policy SAF-1.2: Regularly participate in the maintain and update ofthel Kern County Multi-Jurisdiction Policy SAF-1.3: Support programs, policies, and regulations that discourage or limit development  associated with natural and man-made hazards.  Hazard Maintenance Plan: relevant tot the Arvin Local Hazard Mitigation Plan. within areas that are vulnerable to natural disasters, particularly in areas with recurring  damage.  Policy SAF-1.4: Support programs that promote greater public awareness of disaster risks, personal and Policy SAF-1.5: Investigate and pursue available funding sources to fund safety programs, provide  business risk reduction, and personal and neighborhood emergency response. services, upgrade/construct facilities, and purchase equipment.  Geologic and Seismic Hazards  Goal SAF-2:  A community protected from loss of life or injury and damage to property due to  geologic and seismic hazards. site design, and construction standards.  Policy SAF-2.1: Continue to incorporate geotechnical hazard data in future land use decision-making, Policy SAF-2.2: Adopt the latest version of the building codes adopted by the State of California and Policy SAF-2.3: Require site-specific soils and/or geologic reports for development in areas where Policy SAF-2.4: Monitor and enforce mitigation measures to reduce risks for projects where seismic  ensure implementation in all new construction and renovations.  potentially serious geologic risks exist.  and geologic hazards can bemitigated: and prohibit development in areas where seismic  and geologic hazards cannot be mitigated.  Policy SAF-2.5: Promote the upgrade, retrofitting, and/or relocation of all existing critical facilities  (e.g., police and fire stations, hospitals, schools, community centers, water facilities, public works yard, emergency access routes) and other important public facilities that donot meet current building codes standards and are within areas ofs seismic or geologic  hazard risks.  Policy SAF-2.6: Continue to seek out opportunities to educate and encourage the community on ways  to implement measures to mitigate potential injury and damage associated with  earthquakes. Arvin Safety Map 2024  Page 28 of33    2024 Update - Arvin Safety Element  Flood Hazards Goal SAF-3:  A community protected from loss ofl life ori injury and damage to property due to  flood hazards.  Policy SAF-3.1: Continue to work with the appropriate local, State, and Federal agencies to maintain  the most current flood hazard and floodplain information and use it as a basis for  project review and to guide development.  Policy SAF-3.2: Actively promote and participate in a regional drainage analysis and implementation  of regional and local flood control measures to reduce regional flooding conditions  within the City.  Policy SAF-3.3: Continue to participate in the National Flood Insurance Program (NFIP) and ensure  that City regulations are ini full compliance with the standards adopted by the Federal  Emergency Management Agency (FEMA). within the City'sj jurisdiction.  Policy SAF-3.4: Implement recommendations contained in the Arvin Storm Drain Master Plan that are Policy SAF-3.5: Minimize whenever possible flood risks associated with existing development. Policy SAF-3.6: Require evaluation of potential flood hazards prior to approval of grading permits and Policy SAF-3.7: Identify construction or other methods to minimize damage if new development is Policy SAF-3.8: Prohibit or require mitigation of new development within the 100-year flood zone  require floor elevation certification as required by Chapter 15.32 Flood Management.  located ini flood hazard zones.  unless it can be shown that the development will not:  Create danger to life and property due to increased flood heights or velocities caused by excavation, fill, roads and intended use. Create difficult emergency vehicle access in times of flood. Create a safety hazard duet to the unexpected heights velocity, duration, rate of rise and sediment transport oft the flood waters at the site. Create excessive costs in providing governmental services during and after flood conditions, including maintenance and repair of public facilities. Interfere with the existing waterflow capacity oft the floodway. Substantially increase erosion and/or sedimentation. Change the water storage/volume capacity oft the flood basin.  Policy SAF-3.9: Require that essential public facilities be located and designed to mitigate potential Policy SAF-3.10: Promote low impact development techniques and design features such as pervious  flood risk to ensure long term operation.  paving, on-site groundwater recharge, rainwater harvesting, minimization oft building footprints, and bioretention to improve defensive measures against storm events and  stormwater pollution.  Policy SAF-3.11: Educate property owners and residents located in flood hazard areas about  opportunities to mitigate flood hazards and damage, implementation of flood  Arvin Safety Map 2024  Page 29of33    2024 Update - Arvin Safety Element  preparation activities, and evacuation and recovery efforts associated with a flooding  event.  Policy SAF-3.12: Continue to ençourage and support efforts of Kern County and the Bureau of  Reclamation in the proper maintenance and repairs of the Friant-Kern Canal are  accomplished.  Hazardous Materials Goal SAF-4:  A community protected from the harmful effects of hazardous materials,  hazardous waste, and environmental contamination.  Policy SAF-4.1: Ensure that land uses involved in the production, storage, transportation, handling, or  disposal of hazardous materials are located and operated to reduce risk to other land  uses.  Policy SAF-4.2: When approving new development, ensure that the site:  Iss sufficiently surveyed for contamination and remediation, particularly for sensitive uses near existing or former toxic or industrial sites. Is_a adequately remediated to meet all applicable laws and regulations, if Isp protected from known hazardous and toxic materials.  necessary. materials.  Iss suitable for human habitation.  Does not pose higher than average health risks from exposure to hazardous  Policy SAF-4.3: Assist thel Kern County Health Department ini monitoring the operations of businesses  and individuals that handle hazardous materials through the planning and business  permit processes.  Policy SAF-4.4: Work with the appropriate Federal, State, regional, and local agencies to identify  previously unidentified contaminated sites int the City, particularly on sites with al high likelihood of past contamination, such as old gas stations or industrial sites, and work with the property owners and applicable agencies to remediate them.  Policy SAF-4.5: Ensure the safe transport ofl hazardous materials through the City by:  Restricting transport ofhazardous materials within Arvin to designated routes. Prohibiting the parking of vehicles transporting hazardous materials on City Requiring new pipelines or other channels carrying hazardous materials avoid  streets.  residential areas to the greatest extent possible. ofhazardous materials on SR-223 (Bear Mountain Blvd.)  Policy SAF-4.6: Support Caltrans and California Highway Patrol efforts to ensure safe transportation Policy SAF-4.7: Assist Kern County Health Department int the education ofresidents and businesses on  how toi reduce or eliminate the use ofhazardous materials and products, and encourage  the use of safer, nontoxic, environmentally friendly equivalents.  Arvin Safety Map 2024  Page 30of33    2024 Update - Arvin Safety Element  Policy SAF-4.8: Assist Kern County Health Department and the Sanitation District in raising public Policy SAF-4.9: Prior to the development ofl lands where abandoned or activity wells exist, the City  awareness of appropriate disposal for household hazardous waste and publicize  collection events and locations.  will contact the Department of Conservation; Geologic Energy Management Division, CalGEM for assistance int the development review process. The Department of Conservation; Geologic Energy Management Division, CaIGEM is charged with implementing Section 3208.1 of the Public Resources Code (PRC).As aresult, the Division developed the Construction Site Well Review Program to assist local permitting agencies ini identifying and reviewing the status ofc oil or gas wells Before issuing building or grading permits, local permitting agencies review and implement the Division'sp preconstruction of well requirements. Interaction between local permitting agencies and the Division helps resolve land-use issues and allows California Public Resources Code Section 3208.1 intent is to prevent, as far as possible, damage to life, health, and property. The operator responsible for plugging and abandoning deserted wells under Section 3237 shall be responsible for the re-  located near or beneath proposed structures.  for responsible development in oil and gas fields.  abandonment as provided in Section 3208.1(a).  Firel Hazards Goal SAF-5:  Acommunity protected from loss of life or injury and damage to property due to  fire hazards.  Policy SAF-5.1: Continue to coordinate fire protection services with Kern County Fire Department to  ensure sufficient capacity, stations, personnel, and equipment are available to meet growth needs in Arvin for fire protection and related emergency services.  Policy SAF-5.2: Ensure adequate water supply and water pressure is provided throughout the City for Policy SAF-5.3: Ensure all new development provides adequate access for emergency vehicles and Policy SAF-5.4: Regularly update building and fire codes to provide for fire safety design. Policy SAF-5.5: Promote public safety education programs to reduce accidents, injuries, and fires, as Policy SAF-5.6 Investigate the development and adoption of Fire Impact Fees to off-set the increase Policy SAF-5.7 Enforce and maintain weed abatement and brush clearance programs to reduce  firefighting purposes. evacuation.  well as to train members oft the public to respond to emergencies.  cost of fire protection.  Fire hazards to developed property in the immediate vicinity of vacant undeveloped  land.  Arvin Safety Map 2024  Page 31 of33    2024 Update - Arvin Safety Element  Emergency Services, Preparedness, and Response  Goal SAF-6:  A community prepared to provide effective response and recovery efforts in the  event ofan emergency.  Policy SAF-6.1: Continue to implement emergency preparedness and response measures in Policy SAF-6.2: Participate in Kern County trainings on emergency operations procedures and Policy SAF-6.3: Support policies and programs that ensure adequate resources are available to respond Policy SAF-6.4: Investigate and seek out opportunities to improve emergency access and circulation Policy SAF-6.5: Asi in the development ofa and provide residents and businesses with information about  coordination with Ker County's Emergency Operations Plan.  response.  toh health, fire, and police emergencies. throughout the community.  local safety hazards and emergency plans, including evacuation plans and procedures toa accommodate special needs populations and efficient post-disaster recovery.  Policy SAF-6.6: Support policies and programs to involve and educate the community in emergency Policy SAF-6.7: Collaborate with the school district, businesses, nonprofit organizations, and Policy SAF-6.8: Involve the Police Department in the development review process to address safety  preparedness.  community members/groups to maintain safety throughout the City.  concerns, access issues, and potential traffic conflicts, and identify opportunities to apply Crime Prevention Through Environmental Design (CPTED) principles.  Drought Severity  Goal SAF-7: Create educational and drought reduction programs to assist in the avoiding Policy SAF-7.1: Continue the implementation oft the Arvin Municipal Codes Chapter 15.38 Water  drought.  Efficient Landscape Regulations: Chapter 15.36 Water Conservation, Section 15.36.030 Landscaping, and the State ofCalifornia Chapter 2.7. Model Water  Efficient Landscape Ordinance (MWELO).  Policy SAF-7.2: Require Certificate of Compliance from Licensed! Landscape Architects or other  qualified professionals for the preparation of Irrigation Plans, Landscape Plans, and Selections of plants and trees (Landscape Documentation Plans) Documentation Package and Irrigation Plan prior to the issuance ofCertificate of  Policy SAF-7.3: Required the Certification of Installation According to the Landscape  Occupancy for new construction.  Policy SAF-7.4: Cooperate with Kern County int the development ofa and implementation of wind  breaks to prevent wind erosion leading to soil instability and increasing risk of landslides that could shut down or reduce capacity on Highway 223.  Arvin Safety Map 2024  Page 32 of33    2024 Update - Arvin Safety Element  Wind break erosion mitigation examples include:  1. solid fences, 2. porous fences, 3. straw bales, 4. soil surface modification, 5. berms, and 6. landscaping.  Policy SAF-7-5: Develop and implement a public education campaign around water conservation Policy SAF-7.6: Adopt new water conservation ordinance for commercial and residential land uses  limiting outdoor watering  Arvin Safety Map 2024  Page 33 of33    RESOLUTION NO. 2021-55  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN ADOPTING THE UPDATED KERN MULTI-JURISDICTION HAZARD MITIGATION PLAN; AND. AUTHORIZAING RELATED ACTIONS.  Section 1. WHEREAS:  (a) The City of Arvin, aj political subdivision of the State of California, is an (b) The City of Arvin recognizes the updated MJHMP as the official hazard (c) The City of Arvin has gathered information and prepared the updated (d) Volume 1 oft the updated MJHMP recognizes the threat that natural hazards (e) The City of Arvin's Annex to Volume I of the updated MJHMP provides (f) The City of Arvin has reviewed Volume 1 oft the updated MJHMP and its (g) The U. S. Congress passed the Disaster Mitigation Act of 2000 ("Disaster (h) The Disaster Mitigation Act made available mitigation grants to state and (i) An adopted hazard mitigation plan is required as a condition of future  official participating, jurisdiction in the updated Kern Multi-Jurisdiction Hazard Mitigation Plan  ("MJHMP"); and  mitigation plan for participating. jurisdictions; and  MJHMP in accordance with Federal Emergency Management Agency (FEMA) requirements at  44 CFR $ 201.6;and  pose to people and property Kern County-wide; and  additional information specific to the The City of Arvin, with a focus on providing additional details on the planning process, risk assessment, and mitigation strategy for this community; and Annex and affirms that thej plan actions in Volume 1 andi its Annex should: reduce the potential for harm to people andj property from future hazard occurrençes within the community; and Mitigation Act") emphasizing the need for pre-disaster mitigation of potential hazards; and  local governments; and programs; and  funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation grant  The City of Arvin fully participated in the FEMA-prescribed mitigation (k) The residents were afforded opportunities to comment and provide input in (I) The City of Arvin, as a fully participating jurisdiction of the updated  planning process to prepare this updated MJHMP; and the updated MJHMP and the mitigation actions in the Plan; and  MJHMP, is an eligible sub-applicant to the State ofCalifornia under FEMA's hazard mitigation  grant program guidance; and  Page lof3  Reso Adopting the Updated Kem Multi-Jurisdiction Hazard Mitigation Plan.    (m) The Califomia Office of Emergency Services (Cal OES), and the FEMA (n) The City of Arvin desires to comply with the requirements of the Disaster (o) Adoption byt the governing body for the The City of Arvin demonstrates the (p) Adoption oft this plan helps to coordinate the responsible agencies to carry  Region IX officials have reviewed the updated MJHMP, and approved it contingent upon this Mitigation Act and to augment its emergency planning efforts by formally adopting the updated jurisaiciom'5commitment to fulfilling thei mitigation goals and objectives outlinedi in this updated  official adoption by the participating governing body; and  MJHMP; and MJHMP; and  out their responsibilities under the updated MJHMP.  Section 2. NOW, THEREFORE, BE ITI RESOLVED THAT: The City Council oft the City  ofA Arvin does hereby:  1. This City Council of the City of Arvin finds the facts mentioned above to 2. This City Council of the City of Arvin does hereby adopt the updated Kern  bet true and: further finds that this' The City Council oft the CityofArvin! has jurisdiction to consider,  approve, and adopt the subject oft this Resolution.  Multi-Jurisdiction Hazard Mitigation Plan Volume 1 and its Annex, as approved by FEMA and  Cal OES, as the official mitigation plan for The City of Arvin.  3. This City Council of the City of Arvin will consider adopting the updated  Kern Multi-Jurisdiction Hazard Mitigation Plan by reference into the safety element of their  general plan to conform with AB 2140.  4. This City Council of the City of Arvin authorizes the Director of Kern  County Emergency Services to submit an approved and signed copy of this adoption resolution to the California Office of Emergency Services and FEMA Region IX officials to enable the plan's final approval in accordance with the requirements oft the Disaster Mitigation. Act of2000.  IIIIII IIIII IIIII IIIIII IIIIII IIIIII IIIIII Page2 2of3  Reso Adopting the Updated Kem Multi-Jurisdiction Hazardi Mitigation Plan.    IHEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council oft the City of Arvin at a regular meeting thereof held on the 10th day of August 2021 by  the following vote:  AYES: CM Reyes. CMI Horton. CM Borreli, Mayor Truiillo  NOES: ABSTAIN:  ABSENT: MPTI Franetovich  ATTEST CECILIA  Tlnli  VELA, City Clerk  CITYOFARVIN By:  OLIVIATRUJIELO, TA APPROVED. ASTOFORM: dA NATHANI HODGES, City Attorey Hodges Law Group  Mayor  By:  I,  City Clerk of the City of Arvin, California, DO  HEREBY CERTIFY that the foregoing is at true and accurate copy oft the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.  Page3of3  Reso Adoptingt the Updated Kem! Multi-urisdiction Ilazard Mitigation Plan.    KERN COUNTY  MULIJURISDICTION HAZARD MITIGATION PLAN  PARTICIPATINGJURISDICTION ANNEX  MUNICIPALITY  CITY OFARVIN    COUNTY OF KERN Kern Multi-Jurisdiction; 20201 MJHMPI Update  INTENTIONAL BLANKI PAGE  ii  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern] Multi-Jurisdiction: 20201 MJHMPI Update  Kern County Multi-Jurisdiction Hazard Mitigation Plan CITY OF ARVIN (AR.) Municipal Participating Jurisdiction. Annex  Adoption Record.. Section 1. City of Arvin 1.1F Purpose. 1.21 Planning Methodology 1.31 What's New. 1.41 Risk Assessment  1-1 1-1 1-1 1-2 1-3 1-3 1-5 1-6 1-15 1-20 1-20 1-25  1.4.1Hazard. Screening Criteria. 1.4.2 Hazard Risk Ranking.. 1.4.3 Vulnerability. Assessment. 144Identify Hazard. Problem Statements. 1.5M Mitigation Strategy. 1.5.1 Capabilities. Assessment. 1.5.21 Mitigation. Actions.. ListofF Figures Figure 1-1 City of Arvin Location Figure 1-2.1 New SSCSD Office.. Figure 1-3: City of Arvin Risk Assessment.  1-2 1-7 1-8 1-9 1-10 1-11 1-15 .1-25  Error! Bookmark not defined.  Figure 1-4: City of Arvin - FEMA Flood Zone Vulnerablity &1 Exposure Snapshot.. Figure 1-5:City of Arvin - EQS. San Andreas Mojave N. Vulnerablity &1 Exposure Snapshot. Figure 1-6: City of Arvin - Subsidence Vulnerability & Exposure Snapshot. Figure 1-7:City of Arvin -1 Drought Severity Timeline - Middle Kem-Upper Tehachapi-Grapevine  Figure 1-8. Guidance for Problem Statements. Figure 1-11. Mitigation Action Key.  1li  FEMA/Cal OES Submission 05-19-2021    COUNTY OFI KERN  Kern Multi-Jurisdiction: 2020 MJHMPI Update  ListofTables  Table 1-1: Planning Committee Members. Table 1-2. Hazard Prioritization. Table 1-31 Document Review Crosswalk. Table 1-4: NFIP Status' Table. Table 1-51 Problem Statements.  1-1 1-4 .1-5 1-14 .1-16 1-21 1-22 1-23 1-24 1-27  Table 1-6. Planning and Regulatory Capabilities Summary. Table 1-7. Administrative and technical capabilities summary Table 1-8.1 Financial capabilities summary. Table 1-9.1 Education and outreach capabilities summary. Table 1-10. City of Arvin Mitigation Actions.  Adoption Record  To comply withl DMA 2000, the County Board of Supervisors and participating: jurisdictions have officially adopted this Kern County Multi-Jurisdictional Hazard Mitigation Plan Volumeland Volume 2. The adoption of the MJHMP in its entirety recognizes the jurisdictions' commitment to reducing the impacts  of natural hazards within the County and Cities. Seel below record of adoption.  iv  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Ker Multi-Jurisdiction: 2020 MJHMP Update  Section 1. City of Arvin  1.1 Purpose  This Annex details the hazard mitigation planning elements specific to the City of Arvin. This Annex is not intended tol be a standalone document but appends to and supplements the information contained in the umbrella plan document. As such, all sections of the umbrella plan, including the planning process and other procedural requirements apply to and were met by the City of Arvin. This Annex provides additional information specific to the City of Arvin, with a focus on providing additional details on the  planning process, risk assessment, and mitigation strategy for this community.  Hazard. Mitigation Plan PointofContact  Primary Point of Contact Christine Viterelli, Grant Writer City of Arvin 200 Campus Dr, Arvin, CA 93203 Telephone: (661)854-3134 e-mail Addressviterelgarinang 1.2 Planning Methodology  Alternate Point of Contact Cecilia Vela, City Clerk City of Arvin 200 Campus Dr, Arvin, CA 93203 Telephone: (661) 854-3134 e-mail Aldresscvelagarinorg  The City of Arvin followed thej planning process detailed in Volume 1, Section 3, including participating in the County Hazard Mitigation Planning Committee (HMPC) and Steering Committee andi tormulating their own internal planning team to support the broader planning process. Internal planning participants, their  positions, and how they participated in the planning process are shown in' Table 1-1.  Tablel-LPlanning Committee Members Planning Committee Members Christine Viterelli Cecilia Vela Jerry Breckinridge Olan Armstrong Pawan Gill  Department Grant Writer City Clerk City Manager Lieutenant  Director of HR and Administrative Services  1-1  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Ker Multi-Jurisdiction 2020 MJHMPI Update  -  Arvin  KERN COUNTY  CA  Figure 1-1City of Arvin Location 1.3 What's New  The City of Arvin hasl been makingi improvements toward reducing natural hazard risks tol life and property since the existing MJHMP was adopted. The City reevaluated previous mitigation actions, including considerations of] progress made on mitigation efforts, and retained them as pending or ongoing; noi tables for completed or cancelled mitigation actions are included. Ongoing and pending mitigation actions are  described in' Table1-9.  1-2  FEMA/Cal OES Submission 05-19-2 -2021    COUNTY OF KERN  Kerl Multi-Jurisdiction: 2020 MJHMPI Update  1.4 Risk Assessment  The intent of this section is to profile the City of Arvin's hazards and assess the City's vulnerabilities, distinct from that of the County wide planning area. The hazard profiles in Volume 1 discuss overall impacts to the planning area and describes the hazard problem description, hazard extent, magnitude/seventy, previous occurrences of hazard events and the likelihood of future occurrences. For  more: information on Risk Assessment Methodologies, see Vol.land. Appendix A.  1.4.1 Hazard Screening Criteria  Planning Team members! from each participatingj jurisdiction collectively discussed whichl hazards should be profiled in the Plan and which should not. The. results of that discussion can be found in Table 1-2. Detailed hazard profiles of the most significant County wide hazards are described in Section 4 of Volume 1. The Planning Team reviewed previously-prepared hazard mitigation plans and other relevant documents to determine the realm of natural hazards that have the potential to affect the City of Arvin. Table 1-3 provides a crosswalk of hazards identified in Vol.lof this plan, the City of Arvin General Plan, and 2018 California State Hazard Mitigation Plan. The crosswalk was used to develop a preliminary hazards list, providing ai framework: for thel Planning' Team members to evaluate which hazards were truly relevanti to the City of Arvin and which ones werenot. Section 1.4.2below describes thel hazard riskr ranking process that was performed by the planning team which prioritized hazards that are specifically relevant  to the City of Arvin.  1-3  FEMA/Cal OES Submission 05-19-2021    COUNTY OFI KERN  Kern] Multi-Jurisdiction: 2020 MJHMP Update  Table 1-2.1 Hazard Prioritization Hazard Type Climate Change Dam failure Drought Dust Storms Earthquake/ Geologic Hazards Extreme Heat Extreme Cold Flood Hail Fog  Explanation Severe Weather hazard.  High priority county wide, profiled as part of] Flood, Wildfire, and  High priority county wide, profiled hazard. High priority county wide,P profiled hazard High priority county wide; profiled as part of Severe Weather High priority county wide, profiled hazard Profiled as part of Severe Weather) hazard Extreme cold is rarei in Kern County and: not profiled in this plan High priority county wide, profiled hazard Hail events are rare in Kern County and not profiled in this plan While fog events do occur within Kern County, they are: rare and are While hazardous materials can release and impact the County, there are better avenues to address this hazard outside this Plan. High priority county wide, profiled as part of Severe Weather While insects including Africanized: honey bee and pine barkl beetle exist in Kemn County, this was not considered a priority and pests High priority county wide, profiled as part of Dam Failure Lightning was not identified as a priority for this plan. While pandemic disease can impact the County, there are better avenues to address this hazard outside this plan. This hazard was noti identified as a priority Severe thunderstorms are: rare: in Kern County and not] profiled in High priority county wide, profiled! hazard High priority county wide, profiled hazard not address human caused threats.  not considered aj priority  Hazardous Material  High Winds/ Straight Line Winds Insect Hazards Levee Failure Lightning Pandemic Disease Radon Severe Thunderstorm Slope Failure Soil Hazards  are not] profiled int this] plan  this plan.  Terronsm/Human Caused Threats While terrorism is certainly ai threat to the County and participating  jurisdictions, it is best addressed in other plans as this HMP does Impacts to the County from tornados are extremely unlikely, if any. Due to distance from volcanoes and thel limited chance of an eruption, this hazard was noti identified as aj priority. High priority county wide,profiled: hazard Profiled as part of Severe Weather hazard  Tornado Volcanic Activity Wildfire  Winter Storm /1 Freeze Events  1-4  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern] Multi- Jurisdiction 20201 MJHMP Update  Table 1-31 Document Review Crosswalk  2014 Kern County MJHMP  2012/ Arvin General Plan  2009 Kern County 2018 California State  General Plan  HMP  Hazards Agricultural Pests Climate Change Dam Failure Drought Earthquake Flood Insect Hazards Landslide Levee Failure Manmade Hazards Pandemic Disease Sea Level Rise Severe Weather Soil Hazards Terrorism & Tech Hazards Tsunami Volcano Wildfire  1.4.2 Hazard Risk Ranking  The City of Arvin's Planning Team used the same hazard prioritization process as the Kern County Planning Committee. This process is described in detail in Section 4.3.1 of Vol. 1. Figure 1-2 displays the results of thel hazard risk ranking exercise that was performed by thel Planning Team. Thel Planning Team  chose to assess the City of Arvin's vulnerability to the following hazards:  flood earthquake  - drought soil stablility  All of these hazards havel been profiled in Vol.loft this document. The purpose of this annex to specifically  address the City of Arvin's vulnerability to these speciicaly-identined hazards.  1-5  FEMA/Cal OES Submission 05-19-2021    COUNTY OFI KERN  Ker Multi-Jurisdiction: 2020 MJHMP1 Update  1.4.3 Vulnerability Assessment  Assessing vulnerabilities exposes the unique characteristics ofi individual hazards and begins the process of narrowing down which areas within the City of Arvin are vulnerable to specific hazard events. The vulnerability assessment considered unique locall knowledge of hazards and: impacts and laGISoverlaying methodi for examining such vulnerabilities: more: in depth. Using these methods, partcpatingurisdictions  estimated vulnerable populations, infrastructure, and potentiall losses from hazards.  1.4.3.1 Risk Assessment  Each] participating jurisdiction developed a risk matrix that assessed the probability and impact of various hazards within the jurisdiction. Figure 1-2 is the jurisdiction's risk assessment, which was completed in part using the web based and interactive Risk Assessment Mapping Platform (RAMP), accessed via the project website at womitgatehasariscomn. RAMP allows interactive discovery of robust risk, vulnerability, and exposure data developed especially for Kern County. RAMP: is ai mapping platform built specifically for mitigation planning. It displays County/unsdiction facilities and buildings overlaid with natural hazards layers tol bring interactivity andi individual discovery to the GIS analysis performed: for1 the MJHMP. See Vol.1fora a detailed description of RAMP. The Planning Team used RAMP in meetings and as needed to understand vulnerabilities to the City of Arvin. Users interactively filter facilities and buildings  by natural hazard zones and/or construction characteristics.  1.4.3.2 Snapshot Exposurel Maps  Thei included snapshot maps, displayed below in Figurel 1-3t thoughPgueléilastates the City of Arvin's  vulnerability to specific hazards. Figures include:  Figure 1-3: City of Arvin - FEMA Flood Zone Vulnerability & Exposure Snapshot Figure 1-4: City of Arvin -1 EQ: S. San. Andreas Mojave N. Vulnerability & Exposure Snapshot Figure 1-5: City of Arvin - Subsidence Vulnerability &1 Exposure Snapshot Figure 1-6:City of Arvin -1 Drought Severity Timeline -1 Middle Kern-Upper Tehachapl-Grapevine Based on the above risk assessment, the snapshot maps focus on those hazards prioritized by the jurisdiction. These maps helped the Planning Team understand the exposure of population, parcels, and critical infrastructure to specific hazards. Each map contains an exposure summary that displays the percent of the population, the improvement and content value of parcels, and the amount of critical  infrastructure thati is exposed to each respective hazard.  1-6  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kerl Multi-unsdiction 2020) MJHMP Update  Risk Assessment Matrix Definitions  PROBABILITYRATING period?  IMPACT RATING  The likelihood of a hazard event occurring within a time In terms of injuries, damage, or death, would you anticipate Highly Highly likely 100% annual probability. Or event (multiple rivers flooding) in the same jurisdictional  impacts to be minor, limited, critical, or catastrophic when a significant hazard event occurs? The impact could bei in terms of one hazard event (flooding from a culvert failure) or a large-scale  Ukely Likely to occur everys year inj your lifetime. boundary. Likely - between 10 & 100% annual Ukaly probability. Or will occur several times in  IMPACT Limited Critical  Minor critical facilities.  Catastrophic  yourl lifetime.  Minor very few injuries, if any. Only minor property damage & minimal disruption on quality of life. Temporary shutdown of  Possible between 1 & 10% annual Limited minor injuries only. Approx. 10% or less of property in Possible probability. Orl Likely to occur some time in disaster footprint damaged or destroyed. Complete shutdown of  your lifetime. lifetime.  critical facilities for more than one day.  Critical multiple deaths/injuries possible. Between 25% and 50% of property in disaster footprint is damaged or destroyed. 50% of property in affected area damaged or destroyed. Complete shutdown ofc critical facilities: for 30 days or more. City Of Arvinl Risk Matrix  Unlikely less than 1% annual probability. Complete shutdown of critical facilities for more than one week. Unlikely Or unlikely but possible to occur in your Catastrophic- highi number of deaths/injuries possible. More than  Toc concentrate: resources, thej jurisdictional planning team will focus on" "High" and" Extreme" risk hazards. These hazards have the higher probability and greater impact as it relates to the jurisdictions Hazard definitions arei included in Vol. loft this plan. Some! hazards are discussed as subset hazards-e.g, "Dam Failure" within the "Flood" hazard profile. Ifa hazardi is not present on ther risk matrix or are grey in color, thej jurisdictional planning team feltt thel hazard had a minimal footprint within their planning area and wasi not ranked. Hazard Information, / Legend:  IMPACT Umited High  planning area.  Minor Medium  Cilica LROLCAT  Catastrophic Extreme  Highly Likely  Climate change may change the frequency, duration and intensity of hazards within each planning area. If applicable Climate : Change impacts are described at the end of Alluvial Fan deposits and issues in Kemn County. This hazard is profled and defined under "Slope Failure" in Vol.I oft this) plan. Soil Stability in Kem County includes Land Subsidence and Wind Erosion. Definitions fore each are describedi in Vol.Loft this plan. Ifhazard symbol is grey or not present, the jurisdictional planning team did not develop hazard vulnerability information related to the planning areas due to perceived probability and impact described Figure 1-2:City of Arvin Risk Assessment  Ukoly  High  Extreme  FLOCO steuT  each section.  ALLVIAL SABUTY  Possible  Low  High  EARTHOJAKE Medium  Unlikely  DAWFALUIE  above.  1-7  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN Kern Multi-Jurisdiction: 20201 MJHMP Update  FEMA FLOOD ZONE VULNERABILITY & EXPOSURE SNAPSHOT  ARVIN  ARVIN  BeyomineNd  EBerMoumhineho  EXPOSURE SUMMARIES* POPULATION COUNT 20,331 100% 3,611 100% MAPLEGEND 100-YR 100-YRFLOODWAY  PARCEL COUNT  PARCEL VALUE IMPROVEMENT $324,972,386 100% Essential! Facilities CONTENT $162,522,193 100%  CRITICAL INFRASTRUCTURE  COUNT HighPotentialLoss TanspontationaLieline  1100% 641 100% LINEARMILEAGE 1100% 58100% Dynamic Planning* Science fork Kem County, 2019  *Exposure summaries include 100-year and 500-year flood (3)- Percent ofl respective category totalsf forj jurisdiction,  500-YR PROTECTED BYL LEVEE zone areas. Hazard data source: FEMA.  Figure 1-3:City of Arvin - FEMA Flood Zone Vulnerability &1 Exposure Snapshot  1-8  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kem Multi-Jurisdiction: 20201 MJHMP Update  EQ-S.SAN ANDREAS MOJAVE N. VULNERABILITY & EXPOSURE SNAPSHOT  ARVIN  ARVIN  5BMOuhIDEN  GBarloumhnana  EXPOSURE SUMMARIES* POPULATION COUNT 20,331 100% 3,611 100%  PARCEL COUNT  PARCEL VALUE IMPROVEMENT CONTENT  CRITICAL INFRASTRUCTURE  COUNT  $324,972,386 100% EssentialF Facilities $162,522,193 100% HighP PotentialLoss  1100% 64 100% LNEARMILEAGE 1100% 58100% Dynamic Planning* Science D fork Kem County, 2019 d  MAPI LEGEND V  X  TanspotationaLieine USGS.  WEAK LGHT MODERATES STRONG VERY SEVERE VIOUENTE EXTREME MMI *Exposure classes. summaries Hazard data include source: strong, very strong, and severe Figure 1-4: City of Arvin - EQ S. San Andreas! Mojave N. Vulnerablity & Exposure Snapshot  MMI  STRONG  (*a)- Percent ofi respective category totals for jurisdiction.  1-9  FEMA/Cal OES Submission 05-19-2021    COUNTY OFI KERN  Kerl Multi-Jurisdiction 20201 MJHMP Update  SUBSIDENCE VULNERABILITY & EXPOSURE SNAPSHOT  ARVIN  ARVIN  BoaMeinEM  EBenrouminena  EXPOSURE SUMMARIES* POPULATION COUNT 20,287 100% 3,611 100%. MAPLEGEND LOWLIFT LOW SUBSIDENCE MEDIUM SUBSIDENCE HIGHS SUBSIDENCE  PARCEL COUNT EARTHM MOVEMENT  PARCEL VALUE IMPROVEMENT $324,972,386 100% EssentialFacities CONTENT $162,522,193 160% Hazard data source: DWR.  CRITICAL INFRASTRUCTURE  COUNT HighPotentialLoss DanspotatonaLleline  1200% 64) 100% LINEARMLEAGE 1100% 581009 Dynamic Planning+ Science D for Kern County,2 2019  *Exposure summaries include all classes ofe earth movement. ()-Parcent of respactived category totals for jarisdiction  Figurel-5:City of Arvin = Subsidence Vulnerablity & Exposure Snapshot  1-10  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern Multi-Jurisdiction 20201 MJHMP Update  DROUGHT SEVERITY TIMELINE  MIDDLE KERN-UPPER TEHACHAP-BRAPEVINE  UPPER KERN Isabella SOUTH FORK  ODELANO UPPER DEER-UPPER WHITE O_MCFARLAND OWASCO SHAFTER  TULARE LAKE, BED  RIDGECREST - China - KERN INDIAN WELLS- o SEARLES VALLEYS  Lake  UPPER POSO es OBAKERSFIELD OARVIN MIDDLE KERN-UPPER TEHACHAPI GRAPEVINE Castac Lake  Koehn Lake CALIFORNIA CITY ANTELOPE-FREMONT VALLEYS Rogers Lake Rosamond Lake  OTAFT MARICOPA  JEHACHAPI  LEGEND  WATERSHED BOUNDARY USGSNHDHUCB o MUNICIPALITY  MIDDLEKERN-UPPER EHACHAP-GRAPEYNEY WATERSHED  -  - DO  CHARTLEGEND  DI  D2  D3  D4  AbnormallyDry ModerateDrought SevereDrought ExtremeDioucht ExeptomaDeught,  Figure 1-6: City of Arvin - Drought Severity Timeline - Middle Kem-Upper Tehachapi-Grapevine  1-11  FEMA/Cal OES Submission 05-19- -2021    COUNTY OF KERN  Kem Multi-Jurisdiction, 20201 MJHMP Update  1.4.3.3 Pasta and Future Development  The City of Arvin is a general law city that crafts its own development regulations and is subject to State law. Future development is subject to compliance with state and local planning, zoning, subdivision, and The City of Arvin's General Plan (GP) establishes long-range development policies. The GP is designed to help the City address issues related to land use, circulation (traffic), housing, open space, conservation, noise, and safety. The Land Use portion of the plan helps guide the City in determining the location of future development@,.meluding possible future annexation. In addition to the GP, the City has other plans that guide development in specific areas, including specific plans, policy plans, and master plans. These plans help to shape future development and dictate the City's Sphere of Influence (SOI). One oft the central functions in these planning documents is to decrease: risk of impact from natural hazards.  architecture laws.  Development: sincel Previous HMP  While growth has occurred inl hazard areas int thej past, increasing! hazard risks to some degree, those risks are also decreased by development standards and plan requirements that serve toi mitigate or avoid those risks. Most recently, development since the last HMP has not increased hazard vulnerability for the City of Arvin. Problematic development generally occurred many decades ago; therefore, this HMP Annex has not been revised to reflect any substantial changes inj past development and instead focuses on avenues tol better mitigate impacts from problematic past development: in the 1970's and earlier.  Future Development  City of Arvin is required to update building codes to meet thei minimum standards to those required in the Califomia Building Code last updated in 2019. California Building Codes provide some of the safest construction standards in the world and are meant to reduce risk to occupants from high wind, seismic activity, landslides, flood, wildfire, and other natural hazards. In addition to Califomia minimum develop standards, all jurisdictions belong to the NFIP, as such, all development must meet minimum flood protection standards seti forth by FEMA. See Section 4.3.5 of Volume 1f for more information about past and As the General Plan is updated and incorporates information from this HMP, City of Arvin staff are continually improving hazard information through these hazard mitigation plan updates. With this 2020 update, improved online mapping about natural hazards available on RAMP will inform those responsible for future development to make better decisions where and how future development occurs. City of Arvin reviewed its general plans under the capability assessments undertaken for this hazard mitigation plan. See Section 1.5.1. Deficiencies revealed by these reviews are identified as mitigation The City's municipal codes includes regulations to mitigate the impact of hazards on new and existing  future development in Kem County.  actions to decrease risks to movel beyond past trends.  development, including:  1-12  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern] Multi-Jurisdiction: 2020 MJHMP Update  Drainage and stormwater retention requirements, Steep slope restrictions for new development, Waterbody buffer requirements, Floodplain management regulations,  Zoning that prevents development in hazardous areas of the community such as floodplains, landslide areas, the wildland-urban interface (WUI), or other known! hazard areas, and Building codes thati include thei most up-to-date California Fire Code, seismic standards, and many other provisions crafted toj protect new construction from hazard events. Even in the event that limited development did occur within a hazard area, the municipal code should ensure impacts from al hazard event are mitigated and losses are minimal. If development does occur in hazard areas, evacuation and emergency planning should take into consideration the anticipated local impacts of the hazard event, including potential interrupted services or the elimination of access. The anticipated growth in the City will not cause significant change in vulnerability to the City for  identified priority hazards.  1-13  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern Multi-Jurisdiction: 2020 MJHMPI Update  National Flood Insurance Program (NFIP)  The NFIP makes federally backed flood insurance available to homeowners, renters, and business owners inj participating communities. FEMA has prepared a detailed Flood Insurance Study (FIS) for Kern County and municipalities. The study presents water surface elevations for floods of various magnitudes, including the 1-percent annual chance flood and the 0.2-percent annual chance flood (the 500-YR flood). Basei flood elevations and thel boundaries oft the 100- and! 500-YR: floodplains are shown on Flood Insurance Rate Maps (FIRMs), which are thej principle tool fori identifying the extent and location of the flood hazard. FIRMS are the most detailed and consistent data source available, and for many communities they represent the minimum area of oversight under their floodplain management program. See Section 4 of The City of Arvin has participated in the NFIP since 1988. The City of Arvin is currently in good standing with the provisions of the NFIP. Compliance is monitored by FEMA regional staff and by the California Department of Water Resources under a contract with FEMA. Maintaining compliance under the NFIP is an important component of flood risk reduction. See Table 1-4 for more information on the City's policies  Volume 1for general information on the NFIP.  and historic flood insurance claims. Table 1-4: NFIP Status' Table NFIP Status Policies in Force Policies in SFHA Policies in non-SFHA Total Claims Paid Paid Losses Repetitive Loss Properties Severe Repetitive Loss Properties Repetitive Loss Payment by NFIP on Building Repetitive Loss Payment by NFIP on Contents Note: N/D: signifies no data. See Volume. 1, Section 4.5formore information on the NFIP.  Participating since 1/13/1988  1033 1012 21 12 $546 0 0 N/D N/D  1-14  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kem Multi-Jurisdiction; 2020) MJHMP Update  1.4.4 Identify Hazard Problem Statements  As part of the mitigation action identification process, the Planning Committee for each jurisdiction identified areas of concern (aka problem statements) for their respective facilities based on the risk assessment and vulnerability analysis, utilizing the RAMP mapping and static snapshot maps. Problem statements focused on the impact, victim, or threat that the hazard could create in the jurisdiction, as described in Figure 1-7. Identifying common issues and weaknesses through these problem statements assisted the Planning Committee in understanding the realm of resources needed for mitigation. The goal is to have at least one mitigation action for every problem statement. Projects or actions have been developed to mitigate each problem identified. See Table 1-10 for ai full list of mitigation actions and corresponding problem statements that they address. Each problem statement is coded with aj problem  Jurisdiction problem statements are listed in Tablel 1-5.  number for cross-reterencing between Table 1-5 and' Table 1-10.  IMPACT Casualties Property Damage Business Interruption Financial Loss Environmental Contamination  VICTIM School Children in Hazard High Hazard Areas Care Facilities in High Hazard Area Vulnerable Population Exposed to hazards  THREAT Increased Fuels due to Hotter, drier climates More Intense Storms Impervious surfaces = greater runoff Increases ofl Invasive Species  drought  Figure 1-7. Guidance for Problem Statements  1-15  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN Kern Multi-Jurisdiction 2020 MJHMPI Update  Table 1-51 Problem Statements Problem Hazard No. ps-DR-AR- Drought 510  Areao of Mitigation Primary Problem Description  Related MA ma-DR-AR- 563  Concem Alternatives Agency Impact NRP- Natural Cityo of  Because Arvin reliese entirelyo on groundwater, aquifer depletion resultingf from drought reduces amount ofv water available. Thisa affects both public water supplies andj private wells. Drought can cause: significant property ma- DR-AR- damage, as well as reductions in crop 563 productivity: andl livestock, which resultsi ini increased cost off food production. Residents, businesses, andt the agnicultural industry (whichi is essential to thel local economy). not require ori incentivize water conservation: measures, including requiringl low- flow toilets and showerheads.  Resource Protection  Arvin  ps-DR-AR- Drought 511  Impact NRP- -Natural City of  Resource Protection  Arvin  ps-DR-AR- Drought 512 ps-DR-AR- Drought 513  Victim NRP- Natural Cityo of Threat PRV-  ma-DR-AR- 563 564,ma-EQ- AR-565 ma-EQ-AR- AR-566, ma- EQ-DL-84 ma- EQ-AR- 565, ma-EQ- AR-566 ma- EQ-AR- 565, ma-FL- DL-117  Resource Protection Prevention  Arvin Arvin  Cityo of Existing City codes and regulations do ma-DR-AR-  ps-EQ-AR- Earthquake Impact SP- Structural Cityof Older construction andj particularly  514 515 516  Projects Property Protection  Arvin Cityof Arvin Cityof  unreinforced masonry (URM)b buildings 565, ma-EQ- pose hazards during earthquakes. Seismic shaking could damage infrastructure sucha as roads, water lines, sewer lines, and other critical facilities. Arvin's entire population (approximately 20,300) wouldl be subject tos severe shaking resulting from a 721 magnitude earthquake on the White Wolf fault. The entire city would! bes subject to severes shaking resulting from a7.2 magnitude earthquake ont the White AR-566 Wolf fault. This includes1) Essential Facility (Fire Station) and 641 High Potential Lossl Facilities within 100- year Flood Zone (including 32F Family Child Carel Homes, 11 Speciall Needs Facilities, 75 Schools, 60 Child Care Centers, and 31 Health Carel Facilities)  ps-EQ-AR- Earthquake Impact PPRO- ps-EQ-AR- Earthquake Victim PRV-  Prevention, ES Arvin Emergency Services,SP- Structural Projects Prevention, Arvin PPRO- Property Protection, PE&A- Public Education & Awareness,ES Emergency Services, SP- Structural Projects  ps-EQ-AR- Earthquake Victim PRV-  Cityof  ma-EQ-AR- 565, ma-EQ-  517  1-16  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kernl Multi-Jurisdiction 20201 MJHMPI Update  Problem Hazard No. 518  Areac of Mitigation Primary Problem Description  Related MA ma-EQ-AR- 565  Concer Alternatives Agency  ps-EQ-AR- Earthquake Victim PRV-  Gity of 3,6001 residents would! be subject to  Prevention, Arvin PPRO- Property Protection, PE&A-Public Education & Awareness,ES Emergency Services,SP- Structural Projects  strongs shaking resulting from a7.2 magnitudee earthquake on the San Andreas fault, while 16,7301 residents wouldl be subject to verys strong shaking.  ps-EQ-AR- Earthquake Victim PRV-  Cityof  The entire city would! be subject to either very strongo or strong shaking 565, ma-EQ- resulting from a7.21 magnitude earthquake on the San Andreas fault. Thisi includes 1E Essential Facility (Fire Station) and 641 High! Potentiall Loss Facilities within 100-year Flood Zone (including 321 Family Child Care Homes, 11 Speciall Needs Facilities, 7 Schools, 6 Child Care Centers, and: 3F Health Care  ma-EQ-AR- AR-566  519  Prevention, Arvin PPRO- Property Protection, PE&A- -Public Education & Awareness,ES Emergency Services,SP- Structural Projects Property Protection  Facilities)  ps-FL-AR- Flood 520  Impact PPRO-  Cityof Arvini iss subjectt tos sheetf flow events, ma- AH-AR-  Arvin  which resulti ins shallowi flooding that 569, ma- FL- causes property damage, road washouts, and transportation disruptions. All City residents exposed tof floodi risk. ma-FL-AR-71 Approximately: 16,2601 residents living within or near thel 100-year floodplain and 4,060 within or near 500-year floodplain.  AR-71  ps-FL-AR- Flood 521  Victim PRV-  Cityo of  Prevention, Arvin PPRO- Property Protection, PE&A- Public Education & Awareness Prevention, Arvin PPRO- Property Protection, PE&A- Public Education & Awareness,SP Structural Projects  ps-FL-AR- Flood 522  Victim PRV-  Cityof  1Essential Facility within 100-year Flood Zone (Fire Station) and 62 High Potential Loss Facilities within 100- year Floodz Zone (including 321 Family Child Carel Homes, 11 Special Needs Facilities, 6Schools, 5Child Care Centers, and 3Health Carel Facilities)  ma-FL-AR-71  1-17  FEMA/Cal OES Submission 05-19-2021    COUNTY OFI KERN  Kem] Multi-Jurisdiction: 20201 MJHMP Update  Problem Hazard Area of Mitigation Primary Problem Description  Related MA ma-FL-AR-71  No. ps-FL-AR- Flood 523  Concer Alternatives Agency  Victim  PRV- Prevention, Arvin PPRO- Property Protection, PE&A- Public Education & Awareness,SP Structural Projects  Cityof  Transportation and Lifeline asset within 100-year Flood: Zone (power substation)  ps-FL-AR- Flood 524  Impact PRV-  Cityof  Residents, businesses, and agricultural ma-FL-AR-71 operations are vulnerable to interruptions in transportation access resulting from road washouts.  Prevention, Arvin PPRO- Property Protection, PE&A-Public Education & Awareness,SP Structural Projects Property Protection, NRP- Natural Resource Protection  ps-SS-AR- Soil Stability Impact PPRO-  Cityof Winde erosion causes soilst tob become ma-AH-AR-  525  Arvin  unstable, increasing: risk of landalides/rockslides: anda associated mudflow on Highway 223,6 east of Arvin. These conditions can lead tol hazardous driving conditions and road closures. Highway 223i ist thei main road through Arvin (Bear Mountain: Boulevard), so access interruptions due tor road closures are disruptive tot the city.  569  ps-SS-AR- Soil Stability Impact PPRO-  Cityof Cavingi in ofl land around City sumps ma-SS-AR-567  526  Property Protection, NRP-Natural Resource Protection,SP Structural Projects  Arvin  and near stormwater: runoff sites resulting from groundwater pumping.  ps-SS-AR- Soil Stability Victim PE&A-Public Cityof Residents, businesses, anda agricultural ma-SS-AR-568  527  Education & Arvin Awareness, NRP- Natural Resource Protection  operations are vulnerable to interruptions in access resulting from closures onl Highway 223. Thisi includes commuters reliant on Highway 223t to gett to and from work.  1-18  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern Multi-Junsdiction 20201 MJHMP Update  Problem Hazard Area of Mitigation Primary Problem Description  Related MA ma-SS-AR-567  No. 528  Concer Alternatives Agency  ps-SS-AR- Soil Stability Victim PPRO-  Cityof Arvin  Residents living near sumps.  Property Protection, PE&A- Public Education & Awareness, NRP- Natural Resource Protection Resource Protection Resource Protection  ps-SS-AR- Soil Stability Threat NRP- Natural Cityo of ps-SS-AR- Soil Stability Threat NRP- Natural Cityof  Fallow farms and agriculturali fields ma-SS-AR-568 without crop cover increase susceptibility tov winde erosion. Drought-related drawdown: in aquifers ma-SS-AR-567 and continued groundwater pumping.  529 530  Arvin Arvin  1.4.4.1 Mitigation Action Support Tool (MAST)  As a living document, hazard problem statements and mitigation activities willl be updated through a web interface application developed specifically for participatingn jurisdictions. The Mitigation Action Support MAST is a web-based interactive tool that enables multiple users to search, view, enter, and update mitigation actions, ideas or projects, and otherinformation. MAST provides parucpatingpurisaictions: and plan reviewers (Cal OES/FEMA) access to valuable: mitigation information that can be leveraged by future planning or other risk reduction efforts within the anyMcPagIactNs can update the status of their mitigation projects throughout the planning lifecycle, and this web-based tool will improve participating! jurisdiction's ability to apply for FEMA's Hazard: Mitigation Assistance (HMA) grant programs  Tool (MAST) is accessible through nttp//mitigatehazards.com/county-of-ker.  including initial grant application processes through Cal OES.  1-19  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kernl Multi-Jurisdiction: 20201 MJHMPI Update  1.5 Mitigation Strategy  The mitigation strategy is the guidebook to future hazard mitigation administration, capturing the key outcomes of the MJHMP planning process. The mitigation strategy is intended to reduce vulnerabilities outlined in the previous section (a.k.a. problem statements) with a prescription of policies and physical projects. These mitigation actions should be compatible with existing planning mechanisms and should  outline specific roles and resources fori implementation success.  1.5.1 Capabilities Assessment  This section examines the planning and regulatory, administrative, technical, financial, educational, and outreach capabilities to augment known issues and weaknesses from identified natural hazards. The tables in this section explore various local planning mechanisms, administrative capacity, financial capabilities, and education and outreach initiatives. The columns in eachi table represent deeper dives into  the following questions:  Ist the existing planning or regulatory mechanism used currently? (Column 1, Status) Has the HMP been integrated into the planning mechanism currently sO that the named mechanism is currently used in HMP planning? (Column 2, Current Mitigation' Use) Ist there ai future opportunity to expand, improve upon, and incorporate this 2020 HMP Update into the planning or regulatory mechanism? (Column 3, Future Opportunity) The capabilities assessment is easily-digestible and based on color coding to indicate which policies and plans are adequate, need improvement or in which the HMP could be integrated. Each table includes a legend that explain how each one of these questions arel being answered according to the color indicated: For more information on the regulatory environment surrounding each hazard, see hazard-specific sections of Volume 1. Volume 1, Section 5.3.5 includes an extensive list of federal and state funding  green,yellow,and orange.  opportunities as well.  1-20  FEMA/Cal OES Submission 05-19-2021    COUNTY: OF KERN  Kem Multr-Jurisdiction 20201 MJHMP Update  1.5.1.1 Planning and Regulatory Capabilities  Table 1-6.1 Planning and Regulatory Capabilities Summary  CAPABILITY. ASSESSMENTLEGEND Current Mitigation Use Used widely for mitigation.  Status Currently in use or present (Sort of) Seldomly used orl limited presence. (No)! Noti present or available,  Future Opportumity Opportunity to expand and integrate.  Limited usei ini mitigation planning. Limited opportunity to expand andi integrate.  Not usedi ini mitigation planning. HMPI Integration Current Mitigation Future Use Opportunity  No opportunity to expand ori integrate.  Resource Building Codes BCEGS Rating Publicl Protection (ISO Class) Hazard Related Development Standards Zoning Ordinance Hazard- Specific Ordinance Growth Management Ordinance N/A Hazard Reduction Programs (Annually Conducted) Capital Improvements Program (CIP) or Plan Erosion/Sediment Control Program Hazard- Related Public Outreach Program Stormwater Management Seismic Safety Program (Non- structural) Earthquake Modernization Plan (Building Safety) Hazard. Plans General Plan Safety Element Community Wildfire Protection Plan (CWPP)  Status  Notes / Additional Detail  Planning and Regulatory Capabilities Construction and Future Development Regulations  Green Yellow Yeliow Orange Orange N/A N/A N/A N/A N/A N/A N/A Orange Orange Yellow  City has alb buildingi inspector only part time Notf familiar witht this City relies on County FD  N/A N/A N/A  Green Vallow Yellow  Green Green Yellow: Yellow Vellow Wellgw Yellow Green  Notesi in standard specifications requiring contractors too comply withl NPDES genera permit See Education and Outreach Resource Capabilities. Maintenance team routinelyi inspect storm basins and other facilities; and respond tol locally flooded  Program (Annual Inspections) Green Green  Yellow  areas.  Yellow Yellow Green Orange erange Green Green Green Yellow Green  Yellow Green  Countywide CWPP expected 2021.  1-21  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern Muli-Jurisdiction: 2020 MJHMPI Update  HMPI Integration Current Mitigation Future Use Opportunity  Resource  Status  Notes/ Additional Detail  Planning and Regulatory Capabilities Emergency Operations Plan Climate Action Plan Ground Water Management Planning /Plans National Flood Protection Program (NFIP) Floodplain Management Regulations Flood Insurance. Education and Technical Assist. Flood Hazard Mapping /Re- Mapping Community Rating System (CRS)  Floodplain! Management Plan Yellow Yellow Yellow Stormwater Management: Plan Green Green Green  Green Yellow Yellow Green Green Green Vellow Yeliow Green, Green Yeliow Veilow Green grange Orange Green  Yellow.  Yeliow  Actively working toi improve educational resources for residents. No program1 to date, buto could be extremely beneficial toc city City not in CRS program  N/A  N/A  N/A  1.5.1.2 Administrative and Technical Capabilities  Tablel7.Administative and technical capabilities summary  CAPABILITY, ASSESSMENT LEGEND Current Mitigation Use Usedv widely for mitigation.  Status Currently in use or present. (Sort of) Seldomly used orl limited presence. (No) Not] present or available.  Future Opportunity Opportunity to expand andi integrate.  Limited use ini mitigation planning. Limited opportunity toe  andi integrate. expand  Not used in mitigation) planning. HMP Integration Current Mitigation Future Use Opportunity  No opportunity toe expand or integrate.  Resource Administrative and Technical Staff Capacity Emergency Manager Civil Engineer Dedicated Public Outreach Personnel GIS Specialist and Capability Grant Manager, Writer, or Specialist 1-22  Status  Notes/ / Additional Detail  Green Yellow Yellow Orange Crange Yellow Orange Orange Oiange Onnge Oranges Geen Orange orange Orange  Provided by general manager.  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern Multi-Jurisdiction: 2020 MJHMP Update  HMP] Integration Current Mitigation Future Use N/A N/A N/A N/A N/A  Resource Other General Flood Wildfire Geological Hazards 1.5.1.3 Financial Capabilities Table 1-8. Financial capabilities summary  Status N/A N/A N/A N/A N/A  Opportunity N/A N/A N/A N/A N/A  Notes / Additional Detail  Administrative and Technical Waming Systems/Services  CAPABILITY. ASSESSMENT LEGEND Current Mitigation Use Usedv widely for mitigation.  Status Currentlyi ini use or present. (Sort of) Seldomly used orl limited presence. (No): Notl present or available.  Future Opportunity Opportunity to expand andi integrate.  Limited use in mitigation planning. Limited opportunity toe expand and integrate.  Not usedi ini mitigation planning. HMPI Integration Current Mitigation Future Use Opportunity  No opportunity to expand ori integrate.  Resource Fiscal Capabilities Financial Resources for Hazard Mitigation Levy for Specific Purposes with Voter Approval Utilities! Fees System Development: Fee General Obligation Bonds to Incur Debt Withheld Spending inl Hazard- Prone Areas Stormwater Service Fees Capital Improvement. Project Funding  Status  Notes/ / Additional Detail  Green Green green Green green yallow Green green yellow Yellow orange Orange Prange prange Oranne Otange green yellow Green.  Green Green  Special Taxl Bonds tol Incurl Debt grange Orange Orange  1-23  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern Multi-Jurisdiction: 20201 MJHMP Update  1.5.1.4 Education and Outreach  Table 1-9. Education and outreach capabilities summary  CAPABILITY ASSESSMENT: LEGEND Current Mitigation Use Used widely fori mitigation.  Status Currentlyi in use or present (Sort of) Seldomly used orl limited presence. (No)! Not present or available.  Future Opportunity Opportunity toe expand andi integrate.  Limited use ini mitigation planning. Limited opportunity to expand andi integrate.  Noti used in mitigation planning. HMPI Integration Current Mitigation Future Use Opportunity  No opportunity to expand or mtegrate.  Resource  Status  Notes/ Additional Detail  Education /C Outreach Capabilities Education/Outreach Resources Website! Dedicated tol Hazard Topics Dedicated Social Media Hazard Info. Avail. at Library/ Planning Desk Annual Public Safety Events Ability tol Field Public Tech. Assistance: Requests Public Safety Newsletters or Printed Outreach Fire Safe Councils Other  oraEge Crange Orange prange Orange prange grange Orange Grange prange Orange Oranger green yellow Green Grange Orange prange erange Orange Orange  Resource Conservation Districts orange Orange Orange  N/A  N/A  N/A  1-24  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kern Multi-Jurisdiction: 20201 MJHMPI Update  1.5.2 Mitigation. Actions  Mitigation actions were developed based upon the jurisdiction's priorities, risk assessment results, and priortization method used by all participating jurisdictions is described in Section 5.5.1 of Volume 1. Table 1-10 lists each priority mitigation action, responsible party, time frame,potential funding source, implementation steps, and resources need to implement based upon the Planning Committee  mitigation alternatives. The mitigation action MF-11-2020  Year Developed Project Number Jurisdiction Reference  consensus.  Each participating jurisdiction, including the City of KC.-.County of Kern Arvin, considered ongoing relevancy of mitigation AR....City of Arvin actions from the existing MJHMP and retained or BK...Cityo of removed such actions while adding new relevant Bakershield actions as well. Mitigation actions were examined for CC....City of relevancy and the potential for future implementation. Califoria City and then evaluated for potential follow-up. Some DL....City of Delano mitigation actions developed during the previous HMP MF...City of effort were: noti included because they were an inherent McFarland part of the HMP update process or were not detailed MR...City of enoughi fori implementation: at al local Jurisdiction level. Maricopa the City of Arvin has made significant changes to other mitigation actions because of the updated risk more detail, or to update based on current mitigation  RC....City of Ridgecrest SH....City of Shafter TF....City of Taft TH....City of Tehachapi WS.City of Wasco  assessment and implementation strategy, to include Figurel-8.M Mitigation Action Key  practices. Volume 1, Section 5.5.2 provides a record of County wide mitigation actions, the status, and Table 1-10 lists each mitigation action for the City of Arvin. Each participating jurisdiction developed unique mitigation actions, targeted at their own unique priorities and vulnerabilities. Each mitigation action identifies the responsible party, time frame, potential funding source, implementation steps and resources needed to implement these priority mitigation actions. As a living document, hazard problem statements and mitigation activities will be updated through MAST. The detail in Table 1-10 meets the  additional notes for each action.  regulatoryr requirements of FEMA and DMA 2000.  1-25  FEMA/Cal OES Submission 05-19-2021    COUNTY OF KERN  Kem Multi-Jurisdiction 20201 MJHMPI Update  INTENTIONAL BLANK: PAGE  1-26  FEMA/Cal OES Submission 05-19-2021    -10. City ofArvin Miligation/ Actions Hazard  2020 020 Pending  2020 Cityor Arvin  roject  FVNCaS-msarcs 19702:    Primary Pending 2014  Type Type  ractices  ps-ss ps-SS-AF  High-  ilno  NCA9S5-88999A    NOTICE OF EXEMPTION -Filing of Notice of Exemption AFFIDAVIT OF FILING AND POSTING  in Compliance with Section 15305-Minor. Alterations in Land Use Limitations California Environmental Quality Act. =  2024 Safety Element Update  Court Records Supervisor Office of the County Clerk Ideclare thatl received andj postedt thist noticed on the filing date as required by Califomia Public Resources Code Section 21152(c). Said Notice will remain postedi for 35 days fort the filling date. City of Arvin City Clerk, P.O. Box 548 200 Campus Drive, Arvin, CA 93203 661-854-3134 Office, 661-854-0817 Fax  Place inj project file until approved- - then file with] Kern County Clerk TO: COUNTY CLERK County of Kern, 1115Truxtun Ave. 1st Floor, Bakersfield, CA 93301 TO: cegasubmitopr.cagoy Project title: 2024 Safety Element Update  FROM:  State Clearinghouse No.  Project location: City Wide Township/Range: T31S R29E Section 26 Nearest State Hwy: Hwy 223 Nearest School: Arvin High School  Latitude and Longitude: 3521007-N/183260397 W Nearest Railroad: Southern Pacific Railroad Description of nature, purpose, and beneficiaries of project: Amend the General Plan by Adopting the 2024 Safety Element Incorporating 20201 Kern County Multi-urisdictional Hazard Mitigation Plan The purpose oft the Safety Element is to reduce the potential risk of death, injuries, property damage, and economic and social dislocation resulting fromi natural and human-induced hazards. The Safety Element establishes preventative andi responsive policies and programs to mitigate the potential impacts associated with hazards that may affect the City of Arvin. This Element along with the 20201 Kern County Multi-urisdiction Hazard Mitigation Plan (MJHMP) addresses geologic and seismic hazards, flood hazards, fire  hazards, hazardous materials, and emergency: preparedness and response planning.  Name of public agency approving project: carrying out the project Exempt status:  City Council  City Council Resolution No. 2025- XX Phone: 661-606-6040  Name and person or agency Jeffrey Jones, City Manager/Finance Director, 200 Campus Drive, Arvin, CA 93203, Email: Reasons why project is exempt: The 2024 Safety Element update can be seen with certainty that there is noj possibility that ity will have as significant effect on1 the environment, The 2024 Safety Element establishes policies to reduce naturall hazards that may oçcur within the City. The 2024 Safety Element update programs andj policies are city wide. No scenic highway or resources; no hazardous waste site which isi included on any list compiled pursuant to Section 65962.5 of the Government Code; noj physical development; no structures are tol be demolished due tot the adoption of the Safety Element; nor would the adoption of the Safety Element have a significant adverse impact on al historic resource." The City Council finds that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to the adoption ofthe Safety Element. For all the foregoing, including evidence in the administrative record, the City Council of the City of Arvin  ettionesarvin.org  CEQA Guidelines, General Rule Exemption Section 15061(b)(3)  adopts General Rule Exemption Section 15061(b)(3).  Contact person: Signature/Title Date:  Jake Raper, Project Coordinator, 200 Campus Drive, Arvin, CA 93203 Email:  rpaer@arvin.org Phone: 805-234-7908  Jeffrey Jones, City Manager/Finance Director,  Record available to General Public: This is to certify that the environmental document and record of project approval is available to the General Public at City of Arvin, City Clerk's Office, 200 Campus Drive, Arvin, Califomia, 93203. This Notice of Exemption andi its supporting documents may be reviewed/obtained during normal working hours at the above address. The filing ofal Notice of] Exemption and thej posting on the list of notices start a. 35-day statute of limitations period on legal challenges tot the agency's decision that thej project is exempt from CEQA. Ifal Notice of Exemption is not filed, a 180-day statute ofl limitations will apply. Refer to Section 15061(d) for filing instructions.  Page 1 of 1    CITYOF ARVIN NOTICE OF PUBLICHEARING General Plan Safety Element Update  Notice is hereby given that the Planning Commission, City of Arvin, California, will conduct aj public hearing, at which time you: may be present and be heard, to consider the City of Arvin's 2024 Safety Element update by Incorporating the 2020 Kern Multi-Jurisdiction Hazard Mitigation Plan (MJHMP)  Update and CEQA determination.  Cityo ofArvin PLANNING COMMISSION  Date: November 19,2024 Time: 6:00 PM  Place: City of Arvin City Council Chambers, 200 Campus Drive, Arvin, CA 93203  Applicant: City of Arvin, Community Development Department - City Planner  Location: City Wide  Project Description: The City of Arvin's Safety Element was last updated in 2019 with the inclusion of the 2014 Kern County Hazard Mitigation Plan. In 2021, the City Council adopted Resolution No. 2021-55- Adopting the updated 2020 Kern Multi-Jurisdiction Hazard Mitigation Plan on August 10, 2021. The updated 2020 Kem Multi-Jurisdiction Hazard Mitigation Plan Volume la and its Annex, as approved by FEMA and Cal OES, is the official mitigation plan for The City of Arvin. Assembly Bill 2140 allows cities to be considered for additional state const-share on eligible Public Assistance project by adopting their current, FEMA-approved local hazard mitigation plans (LHMPs) into the Safet Element of their General Plan. This adoption, along with other requirements, makes the city eligible tol be considered for part or all ofits local- share costs on eligible Public Assistance projects to be provided by the state through the California Disaster Assistance Act (CDAA). The Safety Element is being updated toi incorporate by reference the 2020 Kem Multi-Jurisdiction Hazard Mitigation Plan to conform with AB  2140.  ENVIRONMENTAL REVIEW AND DETERMINATION: The proposed 2024 Safety Element update implements the 2020 Kern County Multi-Jurisdiction Hazard Mitigation Plan. It is determined that the update of the 2024 Safety Element meets the definition and criteria ofthe Public Resources Code and CEQA Guidelines to be exempt from CEQA. This determination and recommendation is based upon the CEQA Guidelines, Section 15061(b) (3)and finds that there is no possibility that the activities in question may have a significant effect on the environment and are, therefore, exempt from CEQA, for the following reasons:  The 2024 Safety Element incorporates the 2020 Arvin's Kern County Multi- Jurisdictional Hazard Mitigation Plan and is in compliance with Government These amendments will not have a significant effect or physical change to the environment, because it relates to the mandated amendments as required by  Code, Section 65032.  various Governmental Codes.    The purpose of the public hearing will be to give citizens an opportunity to make their comments known. Ifyou are unable to attend the public hearing, you may direct written comments to City of Arvin, City Clerk's Office, 200 Campus Drive, Arvin, CA 93203 or email to vela@arvin.org. In the subject line, please provide "PUBLIC COMMENT - 2024 SAFETY ELEMENT UPDATE". All public comments will be provided to the City Staff and may be read into the record or compiled as part of the record. Additional information on the proposed site development permit, including copies in hard copy or electronic format, may be obtained from the City Clerk'soffice at Arvin City Hall, 200 Campus Drive, Arvin, California, 93203, or the City's website at www.arvin.org. All persons interested int this topic who would like toj provide feedback or ask questions areinvited to attend. Written comments on this matter may be submitted to the City Clerk'so office by 4:00 P.M. on the date of this hearing. Ify you challenge the approval or denial of these matters in court, you may be limited toi raising only thosei issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk, at or prior to the public hearing. Address any communications or comments! regarding the project to. Jeffrey Jones, Assistant City Clerk, 200 Campus Drive, Arvin, CA 93203,(661)85+3134,cvela@arinorg. Note: Ifyou challenge the nature of the proposed action in court,. you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described in this notice, or in written correspondence delivered to the City at, orpriort to, the Public Hearing (Govt. Code Sec. This public hearing notice was posted on November 8, 2024 at the following designated places for posting of public notices: (1) Arvin City Hall/City Council Chambers; (2). Arvin Police Department; and (3) Community Development Department; (4) City of Arvin's website at www.arvin.org; providing al 10-day review, in accordance with Government Code Sections 36933, 65854, and 65090.  65009).  /s/  Jeffrey Jones, Deputy City Clerk City of Arvin, California  POSTED: November 8, 2024    PLANNING COMMISSION STAFF REPORT Meeting Date: December17,2024  TO: FROM:  Planning Commission Isaiah Medina, Assistant Planner Jeffrey Jones, City Manager/Finance Director Jake Raper, Project Coordinator/Plamning Consultant  SUBJECT: Public Hearing -To Consider Adoption of a Resolution of the Planning  Commission of the City of Arvin Conditionally Approving Conditional Use Permit - Arvin Community Service District - Solar Array and Adoption ofan Exemption For The Conditional Use Permit and Site Development Permit Pursuant California Environmental Quality Act Guidelines Section 15304 Minor Alterations to Land  and 15329 Cogeneration Projects at Existing Facilities RECOMMENDATION- PLANNING COMMISSION ACTION:  Staff, based upon the project review, the results of consultation with the various agencies, and CEQA determination ofal Notice of] Exemption, is recommending that the Planning Commission  adopt the following:  Adopt Resolution ofthe Planning Commission ofthe City of Arvin Conditionally Approving Conditional Use Permit - Arvin Community Service District - Solar Array and Adoption ofan Exemption for The Conditional Use Permit and Site Development Permit Pursuant California Environmental Quality Act Guidelines Section 15304 Minor Alterations to Land and 15329 Cogeneration Projects at Existing Facilities  Project Information Agent: Kenny Davis Sr. Project Manager 1651 Response Road Suite #300 Sacramento, CA95815 Project Address: Project Location:  Applicant  Property Owner: ofArvin Redevelopment Agency  Raul Barraza, Jr., General Manager Successor Agency to the City  Arvin Community Services District 309 Campus Drive -Arvin, CA  93203  Not Assigned  The ground mounted solar array and easements are generally located at the southwest corner ofCelestial Way and Meyer Street and along Meyer Portions of APN's 189-353-06: and -07- 6.84 Acres  Street and Millux Road, respectively.  Assessor Parcel No. and Size:  Planning Commission report and resolution = CUP Arvin CSD Solar Array in R-1 Zone District 1of16    Portions of APN's 189-353-06 and -07 are used fort thej proposed project- - Ground Mounted Solar. Array Yellow Highlight Represents the location oft the ground mounted solar array, and the red highlight represents the location of the underground electrical conduit servicing thet two existing water wells  189-35  T.31S. R.29E. OEGE e Be Be G1 33 ac e &e &e sBe  189-35  )  a & RE  88 8 7   sPbe 350  Be se  a4 635) EGENDIS  MAP NO. OF KERN 189-35  Aerial Representation of and Location for the Ground Mounted Solar. Array (Southeast Corner of Celestial Way and Meyer Street) - Underground electrical conduit to service two existing Well Sites, No.s 11 and 16 Southerly along  Meyer Street and easterly along Millux Drive.  -   1E   E    Planning Commission report and resolution CUP Arvin CSD Solar Array inl R-1 Zone District 2of16    BACKGROUND Land Ownership and Uses:  The Successor Agency to the City of Arvin Redevelopment Agency is the owner of APN's 189- 353-06 and -07 and the Arvin Community Services District is the owner of APN 189-353-09 which is developed with Well Site No. 11 (west side of Meyer Street) and APN 189-353-08 which is developed The City of Arvin utilizes portions of APN's 189-353-06: and -07 for land areai for wastewater discharge. The. Arvin Community Services District has developed. APN's 189-353-08 and-09. as water well sites.  with Well Sitel No. 16 (the north side of Millux Drive).  Proposed Activity Requested by Arvin Community Services District (CSD):  The Arvin Community Services District (CSD) has proposed the use ofp portions of APN's 189-353-06 and- - 07 for the development of a rotating ground-mounted solar array and easements for underground electrical Arvin CSD and the City of Arvin Redevelopment Agency have entered into a Solar Land Lease which provides Arvin CSD a two-year period in which to gain zoning and development clearance and to do their due diligence fort the viability to utilize thes site fort the ground mounted solar array. The ground mounted solar array is intended to provide alternative energy sources for the operation oft thet two existing water wells. The City of Arvin Redevelopment Agency and Arvin Community Services District have also entered into Two Easement Agreements. The agreements between the City of Arvin Redevelopment Agency and Arvin Community Services District have at term lease of 30 years with two additional 5-year extensions for ai total term of 40 years. The agreements between the City of Arvin Redevelopment Agency and Arvin CommunityServices District(CSD) are on file with the CityofArvin RedevelopmentAgency, Entitlement Requirement Prior to Use of the Lands for the Ground Mounted Solar Array and  conduit to water wells No. 11 and 16.  Easements:  Conditional Use Permit Required:  The Assessor Parcels that are owned by the City of Arvin Redevelopment, Agency and the Assessor Parcels that are owned by the Arvin Community Services District are designated and planned for residential use. In reviewing the Arvin Code of Ordinances Title 17, Chapter 17.08 Single Family Zone District, specifically Section 17.08.020 Permitted Uses, iti is determined that the proposed use ofa ground mounted solar array is not permitted by right and must be permitted through a Conditional Use Permit. Inr reviewing Title 17, Chapter 17.56 Conditional Use Permits, specifically Sections 17.56.020 Permitted Uses -4 Any Zone and 17.56.030 Permitted Uses - Specific Zone, the proposed ground mounted solar array would not be a permitted use with a conditional use permit. However, Section 17.56.020(A) states that "Certain uses may be permitted by the planning commission and the city council in zones in which they are not permitted by this title where such uses are deemed essential or desirable to the public convenience or welfare, and are inl harmony with the various elements or objectives of the comprehensive general plan." Staffi is of the opinion that the proposed ground mounted solar array is an essential and desirable use, and the Planning Commission is recommended to make the required findings for the conditional approval ofa  Conditional Use Permit pursuant to Section 17.56.025 Required findings.  Site Development Permit Required:  Planning Commission report and resolution - CUP Arvin CSD Solar Array inl R-1 Zone District 3of16    Upon a determination that aj proposed projecti is either permitted by right or by approval ofa Conditional Use Permit, prior to the development either an Administrative Permit or Site Development Permit must be As determined, the City is of the opinion that the project may be permitted by the approval ofa Conditional Use Permit. Also, the project is determined to require the approval of a Site Development Permit as is required by Chapter 17.60 Site Development Permits and thej project must meet the minimum improvements City Staff willj present to the Planning Commission, under a separate report, its recommendation for the Site Development Permit and site development improvements and conditions. Itis noted that there will bes some duplication ofa analysis in the Conditional Use Permit report and the Site Development Permit report as well  approved by the City prior to development.  as required by Chapter 17.70 Site Development Standards.  as some duplication of proposed conditions of approval recommended. General Plan Land Usel Designation and Zoning Classification of] Project Site: Land Use Designation ofLow Density Residential and are zoned R-1 Single Family.  The project site, portions of APN's 189-353-06 and -07 used for the proposed project, have a General Plan  Land Use Diagram - Legend and Project Designation Zoning Map Legend and Project Zoning  Classification  .Arvin Sphere of Influence (Land Use Conce JArvin City Limits General Plan Land Use Designation RR- Residential Reserve ER- Estate Residential LDR- Low Density Residential MLDR Medium Low Density Residential MDR- Medium Density Residential HDR High Density Residential IGC- General Commercial u- Light Industrial HI- - Heavy Industrial AG- Agricuiture P- Park PF Public Facility S- School  EArvin Sphere of Influence JArvin City Limits City of Arvin Zoning Al C-1 Light Limited Agricuiture Commercial C-2 Commercial c-O Professional Office M-1 - Limited Manufacturing M-2 Light Manufacturing M-3 General Manufacturine" E-1 o-S Estate Open Space E-2 Estate E-3 Estate R-S R-1 Residential Single-Family Suburban Dwelling R-2 Two Family Dwelling R-3 Limited Family Dwelling R-4 Public Multiple Facility Family Dwelling SCH School Muo Mixed Use Overlay PUD Planned Unit Development  Planning Commission report and resolution - CUP Arvin CSD Solar. Array in R-1 Zone District 4of16    CAMIN  AMIN  UXF  Uses Permitted Subject to Conditional Usel Permit:  Title 17, Chapter 17.08 Single Family Residential Zone, Attachment #2, Section 17.08.020 Permitted Uses, lists uses that are permitted by right. The proposed project "Ground Mounted Solar Array" is not listed as a permitted use. However, in Section 17.080.020 -J. Additional use may be permitted by the planning commission according to the provisions of Chapter 17.56, Conditional Use Permits, Chapter 17.56 Conditional Use Permits, Attachment #1. Sections 17.56.030 Permitted Uses - Any Zone and Section 17.56.040 Permitted Uses - Specific Zones list those uses permitted subject to the approval ofa Conditional Use Permit by the City Planning Commission. The two sections do not list Ground Mounted Solar Array's as a use permitted under either section. However, Section 17.56.020 Prohibited uses permitted when: (A) Certain uses may be permitted by the planning commission and the city council in zones in which they are not permitted by this title where such uses are deemed essential or desirable to the public convenience or welfare and arei in harmony with the various elements or objectives of the comprehensive general plan. Staffis recommending the Planning Commission determine the proposed Ground Mounted Solar Array on portion of APN 189-353-07 with easements across APN's 189-353-06 and -07 is a permitted use subject to a Conditional Use Permit and determine that the proposed Ground Mounted Solar Array is deemed to be essential and desirable to the public convenience or welfare and isi in harmony with the various elements or objectives oft the comprehensive general plan.  Required Findings for Approval of Conditional Use Permit:  Chapter 17.56 Conditional Use Permits, Section 17.56.025 Required findings list required findings for the approval ofa conditional use permit when the planning commission determines that the project as submitted or as modified conforms to all oft the following criteria. Ifthe planning commission determines that it is not possible to make all oft the: required findings, the  application shall be denied. Project Evaluation and Findings:  A. The use proposed by conditional use permit is consistent with the general plan, any  applicable specific plan, and zoned district designation.  Planning Commission report and resolution - CUP Arvin CSD Solar Array inl R-1 Zone District 5of16    Finding: Thej proposed Ground Mounted Solar Array and underground electrical conduits proposed by Arvin Community Services District (CSD) proposes to provide supplemental electrical service for two existing waters well sites. The existing water well sites serve the The. Arvin Water Resources Element adopted May 14, 2019, states that "Arvin's domestic water is provided by the. Arvin Community Services District (ACSD) that secures its water by pumping from the local ground water system. Helping to maintain that ground water system is the Arvin- Edison Water Storage District (AEWSD) which imports water to the region via the Friant-Kern Canal and the California Aqueduct." The element sites one major goal is to continue to fully implement current Green Building Code requirements, which stress water use efficiency and energy The City of Arvin's Climate Action Plan, March 2013, has established Climate Action Strategies which included the execution of renewable power purchase agreement and/or install renewable energy systems on City-owned land or facilities, such that all oft the electricity demand of municipal buildings is met using renewable energy. Increase the energy efficiency of municipal buildings and  businesses and residents of Arvin and surrounding area.  use efficiency.  facilities  B. The use proposed by conditional use permit is consistent with this Code, including the Finding: The proposed Ground Mounted Solar Array proposed by Arvin Community Services District (CSD) proposes to provide supplemental electrical service for two existing water well sites. The approval oft the Conditional Use Permit for the project is consistent with Title 17 Zoning development standards and all other municipal codes. The project will be required to apply for and obtain building, engineering, police, as well as Kern County Fire Services  zoning ordinance.  approval.  C. The use proposed is not detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood. Finding: The proposed Ground Mounted Solar Array and underground electrical conduit proposed by Arvin Community Services District (CSD) proposes to provide supplemental electrical service for two existing waters well sites. Arvin Community Services District provides potable water supply to the City of Arvin businesses and residents. The installation of alternative energy sources for the existing domestic water wells will lessen the operational costs, thus in turn should assist inl lessening the future costs for operational expenses. The reduction in greenhouses gases, the reduction in energy costs, the creation of an alternate and reliable energy source for the water well operations contribute to the health, safety, peace, comfort and general D. Thej proposed use is in compliance with all applicable laws and ordinances. Finding: Thej proposed Ground Mounted Solar Array and underground electrical conduit proposed by Arvin Community Services District (CSD) proposes to provide supplemental electrical service for two existing water well sites. Upon the imposition of conditional approval  welfare ofthel businesses and residents of Arvin.  Planning Commission report and resolution CUP Arvin CSD Solar Array inl R-1 Zone District 6of16    oft the project by the Arvin Planning Commission, the project will be in compliance with all  applicable laws and ordinances. Project Location:  Thej project, ground-mounted solar array, proposes to use portions ofA APN's 189-353-06: and -07. The upper northwest corner of APN 189-353-07 is thej proposed location oft the ground mounted solar array. The ground mounted solar array areai is approximately 6.84 acres oft the 52.77. Acres ofAPN 189-353-07 andi is generally located at the southwest corner of Celestial Way and Meyer Street. The ground-mounted solar area is to provide electrical service to two existing Arvin Community Services District water well sites, Well Site No. 11 located on APN 189-353-09, on the west side of Meyer Street and Well Site No. 161 located on APN 189- 353-08 on the north side of Millux Drive. The two water well sites are to be serviced with underground electrical conduits from the ground-mounted solar array. The underground electrical conduits run in an easterly direction along thel Un-Named! Roadi tol Meyer Street, theninasoutherly direction from the Un-Named Roada along the wests side ofMeyer Street to' Well Sitel No. 11,APN189-353-0909, and then continue southerly to the intersection ofl Millux Drive and Meyer Street. At the intersection of Meyer Street and Millux Drive, the underground electrical conduit then extends westerly along the north side ofMillux Drive, on portions of  APN's 189-353-06 and -07, to service Water Well Sitel No. 16, APN 189-353-08.  SEC 35 31/29 COR  FUTURE EASEMENT 60 (CELESTIAL FT WIDE ROAD- WAY) N89'51'0 76322' 09E NO0-O8'SI"E 132.00' 658.8!  35 31/29  Exp. 12-31-23  PER TRACT  N8752425 5816-10B 519.76 N8752457 $89'51'09E PER TRACT 5816-12- PER TRACT 5816-12-  BASIS OE BEARINGS: THE BEARING OF SOUTH 89-51'25" EAST SHOWN FOR THE SOUTHI LINE OF THE SOUTHWEST QUARTER ON1 THE MAP OF 7-1, SECTION BOOK 35, 6OF T.31S., FIED R.29E., MAPS M.D.M. AT PACE SURVEYOR, 92, IN STATE THE OF OFFICE CALIFORNIA, OP THE WAS KERN USED COUNTY AS THE BASIS OF BEARINGS ON THIS MAP. NONE: EXPLORATORY OLL WELL DRY HOLE NEVER 8, 1959 PRODUCED. BY UNION ABANDONED OLL COMPANY SEPTEMBER OF CALIFORNIA (API NO. 0402914678)  SEEN NOTE HEREON-  TRUE POINT OF- BEGINNING  1/16 SECTION LINE  UNE TABLE LNE BEARING ENGTH SEC 35 31/29 N89-47'31M N8947'31W  SW ÇOR-  MILLUX ROAD  58851'25E 2698.69  SEC 31/29 EXHIBIT "A1 8m  OWNER: APN: 189-353-07 cmy OF ARVIN PARCEL ACREAGE: 52.27 PERMANENT SOLAR FIELD SE ACREAGB: 6.84 se  SOLAR FIELD SITE  DEE: JASPAR 6 ASSOCIATES GI NE SATASVS  ARVIN COMMUNITY SERVICES DISTRICT  Planning Commission report and resolution - CUP Arvin CSD Solar Array in R-1 Zone District 7of16    Portions of APN's 189-353-06 and -07 are used for thej proposed project- - Ground Mounted Solar Array Yellow Highlight Represents the location oft the ground mounted solar array and the red highlight represents the location oft the underground electrical conduit servicing thet two existing water wells  189-35  T.315. R.29E. OASE &c he ARe &e Bac  180-35 N  )  e  8 de & R G1  e88  sebe 358  Be se (355) EGENDEUBD  ASSESSORS COUNTY MAP OF NO. KERN 189-35  Aerial Representation of and Location for the Groundl Mounted Solar Array (Southwest Comer of Celestial Way and Meyer Street) - Underground electrical conduit to service two existing Well Sites, No.s 11 and 16 Southerly along  Meyer Street and easterly along Millux Drive.  Planning Commission report and resolution - CUP Arvin CSD Solar Array in R-1 Zone District 8of16    -  ACCESS TO: PROPOSED PROJECT:  Thej project, ground-mounted solar array, proposes to use portions of APN's 189-353-06 and -07. The upper northwest corner ofAPN 189-353-07: ist the proposed location ofthe ground: mounted solar array. Theg ground mounted solar array areai is approximately 6.84 acres ofthe 52.77. Acres ofA APN 189-353-07 andi is generally  located at the southwest corner of Celestial Way and Meyer Street.  Planning Commission report and resolution = CUP Arvin CSD Solar Array in R-1 Zone District 9of16    ArvincSDS Solar Proojet  Arvin CSDS SolarP Proojct  GSoogleEarth  The project is surrounded by unimproved road systems as illustrated by the Aerial Street View photograph. The 6.84-acre Ground Mounted Solar Array and underground electrical conduit arel highlightedi in purple. The 1. Celestial Way classified as al Local Street, is an east-west road andi is located north oft the project site. Celestial Way improved curb, gutter and sidewalk dead ends at Rayo Del Luna Drive. Celestial Way 2. Meyer Street classified as a Collector, is a north-south street which is located on the westerly boundary of the project site and to the east of Meyer Street is a 160-acre site that is zoned R-1 Single Family Residential. Both parcels are vacant. In addition, the underground electrical conduit extends southerly from Celestial Way along the westerly side of Meyer Street to Millux Drive. The underground electrical conduit system from the Solar Array will connect to Well Sitel No. 11, APN 189-353-09, located on the west side of Meyer Street, then continue southerly tol Millux Drive. 3. The easterly boundary of the Solar Array is bounded by an unimproved Rayo Del Lal Luna Drive andi is classified as al Local Street. The Rayo Del Lal Luna Drive is ai north-south. street, will eventually be extended to connect to the UN-NAMED ROAD which is an east-west road. 4. Millux Drive, classified as al Minor Arterial. is an east-west street that has thej proposed underground electrical conduit on1 the north side ofMillux Drive from thei intersection ofl Meyer Street and Millux Drive, the underground electrical conduit then extends westerly along the north side ofMillux Drive, on portions of APN's 189-353-06 and -07, to service Water Well Site No. 16, APN 189-353-08. 5. The southerly boundary of the Solar Array site is an UN-NAMED ROAD and unimproved road  Solar Array site is surrounded by unimproved infrastructure and road improvements.  is to bei improved from Rayo Dell Luna Drive tol Meyer Street.  whichi is tol be classified as aLocal Street.  Planning Commission report and resolution - CUP Arvin CSD Solar Array in R-1 Zone District 10of16    The circulation system is an important discussion in as much as the Arvin Community Services District has entered Solar PowerLand: Lease, Agreement. No. 2023-17, and Easement. Agreements, Agreement No. 2023-18 and Agreement No. 2023-19, with the Successor Agency to the City of Arvin Redevelopment Agency, for a period of 30 years with an option to extend the lease for up tot two (2) successive terms offive (5)years each, for aj potential lease term of forty (40): years. Due to the term of the agreement, up to 40 years, the burden ofi immediate and future street and infrastructure improvements are being recommended to be the responsibility of the Arvin Community Services District. The lease agreement will delay, up to 40 years, the development Staff are recommending the following conditions of approval relating to immediate and future 1. Celestial Way, a Local Street classification, shall match the width of the existing street improvements to the west, to be improved to city standards from Rayo De La Luna Drive to Meyer Street. The south side of the Celestial Way improvements include decorative fencing, ai masonry wall with landscaping and irrigation, and street lighting. No concertina wire or barb wire or wiring that could cause physical damage on top oft the decorative wall. The project is adjacent to andi is on the south side ofthe El Camino Real Elementary School. To be completed prior to final inspection by the Building Division OR security and timing  oft the zoned residential lands, ifever. street and infrastructure improvements.  ofimprovements as approved by the City Engineer.  2. Meyer Street, a Collector, Arvin Community Services District shall bei responsible for the improvement ofone-half(): street width to city standards. The street tol bei improved upon the development of the property on the east side of Meyer Street. Improvements include decorative fencing, ai masonry wall with landscaping and irrigation, and street lighting. No concertina wire or barb wire or wiring that could cause physical damage on top of the decorative wall. The Solar Array development shall not encroach into the 110-0" road easement. However, Meyer Street, unimproved street, shall be improved in the interim to as standard approved by the City Engineer to attain accessibility for emergency vehicles. 3. Rayo De La Luna Drive, a Local Street, which is a north-south street, Arvin Community Services District to improve one-half (Y) street width to city standards to be improved upon the development of the property on the west side of Solar Array project site from Celestial Way to the UN-NAMED ROAD to the south. The Ray De La Luna Drive, if utilized, shall be improved in the interim to a standard approved by the City Engineer to  attain accessibility for emergency vehicles.  4. UN-NAMED ROAD, al Local Street, which is an east-west street, on the south side ofthe Solar Array, Arvin Community Services District shall improve one-half (Ya) street width to city standards. To be improved upon the development of the property on the south side of Solar Array project site from Meyer Street to the westerly boundary of the Solar Array Planning Commission report and resolution - CUP Arvin CSD Solar Array in R-1 Zone District 11of16    site. The UN-NAMED ROAD shall be improved in the interim to a standard approved  by the City Engineer to attain accessibility for emergency vehicles.  Landscaping and Irrigation Design:  The Arvin Community Services District shall be required to maintain the landscaping and irrigation systems and lighting along Celestial Way, Meyer Street, and the UN-NAMED ROAD for the length of the lease agreements between City of Arvin Redevelopment Agency and Arvin  Community Services District.  ROW  MEDIAN CURB DETALG SIDEWALK 4%)  (SEE PLATE R2)  : STRAIGHT UNE SLOPE (MIN. 2x, FULL WIDTH STREET TYPE   ROW  PUE  PUE  DEWALK (SEE PLATE R2)  STRAIGHT UNE SLOPE (MIN. FULL WIDTH STREET TYPE @  43) SLOPE EASEMENT ETA 1-FT. NON-ACCESS STRIP (TYP) SLOPE (hP) 9 CLASS CONCRETE CUR MEDIAN CURB DETAIL T.I. AB CURB SEE STANDARD R2 PUE FT.) (IN.) IN.) GUTTER SIDEWALKS (FT.) B TYPE "A TYPE 1, 2,3 o 8 TYPE "A" TYPE 1, 2,3 o 70 7.0 TYPE "A" TYPE 1, 2. 3 o  0.5 RADIUS (nP)  (SEE PLATE R2) STREET CLASSIFCATON MAJOR COLLECTOR LOCAL LOCAL * 12 NOTE: MMPICAL RESOLUTION # 02-43  s STRAIGHT UNE SLOPE (MIN. 2%, MAX PART WIDTH STREET TYPE C)  C  STREET TYPE -) B 90 10 B 60 10 B 50  (FT.)  A, 110 10 36 9 45 90 9.0 A, B 146 10 54 o 63 126 e.0  20 40 4.75 2 4 TYPE "A" TYPE 1 16 36 4.75 2 4 TYPE "A" TYPE 1  TO 95* RELATIVE COMPACTION.  SECTIONS AS SHOWN MAY BE REMSED PER  OF THE PRELMINARY SOILS REPORT. CITY OF ARMN STREET SECTIONS REMSED: JAN. 2008  PUE-PUBLIC UTUTY EASEMENT AC-ASPHALT CONCRETE AB-AGOREGATE BASE T.L.-TRAFFIC INDEX ROW-RIGHT OF WAY  PLATE R1  R CITY ENGINEER  BY: JPB  ENVIRONMENTAL REVIEW- CEQA DETERMINATION:  The Conditional Use Permit for the establishment of a ground mounted solar array in the land Planning Commission report and resolution - CUP Arvin CSD Solar Array in R-1 Zone District 12of16    zoned R-1 Single Family Residential and the Site Development Permit conditional approval that will provide alternative energy for the servicing two existing water wells owned and operated by Arvin Community Services District is Categorically Exempt per (CEQA) Environmental Quality Act Guidelines, Section 15304 Minor Alterations to Land and Section 15329 Cogeneration Projects at Existing Facilities. The city is recommending the. Arvin Planning Commission accept and approve the Notice of Exemption as the appropriate CEQA document for the project. Upon approval oft the Conditional Use Permit and Site Development Permit the Notice of] Exemption to be filed with the Kern County Assessor's Office and the State of California CEQA Exempt portal. PUBLIC HEARING NOTICE, POSTING OF ON-SITE NOTICE, AND NOTICE TO Aj public hearing or the consideration ofa Conditional Use Permit and Site Development Permit is required by Title 17 Zoning. Therefore, the public hearing is required to provide notice 10 days prior to the public hearing date. The public hearing notice was posted on Friday December 6,2024 at the following designated places for posting of public notices: (1) Arvin City Hall/City Council Chambers; (2). Arvin Police Department; and (3)Community Development Department; (4) City of Arvin's website at www.arvin.org; providing a 10-day review, in accordance with Government Code Sections 36933, 65854, and 65090. As required by the lease agreement, in addition to posting the project site of the Planning Commission hearing, the City Clerk's office mailed aj public hearing notice to all property owners within the 300-foot radius oft the project site, as well as representatives as required by the Lease Agreement, Section 6.10 Notices of the public hearing for consideration ofestablishing a solar array within R-1 Single Family Zoned lands. The project applicant placed two on-site signs advertising the Planning Commission meeting public hearing of December 17, 2024, for the Conditional Use Permit to establish a Solar Array in an R-1 Single Family Zone and for the Site Development Permit for the Solar Array development. One sign was installed at the southeast comerofCelestial Way and Rayo del lal Luna Drive and one sign  THE SURROUNDING PROPERTIES  installed at the southwest corner ofMeyers Street and Celestial Way.  NOTICE OF PENDING PROJECT. APPROVAL AND DEVELOPMENT Conditiona Use Permit 2024- - Solar Array and Site Development Permit- - Arvin CSD: Solar Array  APPLICANT: Arvin Community Service District  DESCRIPTION: -Conditional Use Permit Allowing Solar Arrayi ina an R-1 Single Family Zone District and Site Development Permit Permitting the Development ofa a Solar Arrayt to Service existing water wells along Meyers Street and Millux Road.  Planning Commission report and resolution - CUP Arvin CSD Solar Array inl R-1 Zone District 13of16    PUBLICI HEARING BEFORE PLANNING COMMISSION FOR MORE INFORMATON CONTACT ARVINI PLANNING DIVISION, 141 Plumtree Drive, Arvin, CA93230 PROJECT COORDIANTOR: Isaiah Medina, Planner; Email: imedima@arvin.organd  Date of Public Hearing: December: 17, 2024  Time: 6:00 PM  Location of Meeting: 200 Campus Drive, Arvin, CA 93203-C City Council Chambers  Telephone Contact: (559)359-7322 ON-SITE SIGNS POSTED  Sign posted at the corner of Meyer and  Sign posted at the corner of Celestial and Rayo  Celestial  de lal Luna  FISCAL IMPACT:  The application is subject to the City Council's policy of Full Cost Recovery for development projects. The applicant has deposited funds that will be used to off-set the processing of the application()-therefore no fiscal impact is associated with thej processing oft the application. Upon action by the Planning Commission, the applicant will be required to deposit funds to offset the monitoring ofa and to ensure compliance with any conditions that are imposed on the project. Thej project will have ai fiscal impact upont the City'sability to fund Parks and Recreational facilities, Traffic improvements, Police, and Sewer. The project will be removing 6.84 acres of residential land from the city's land inventory for residential purposes. The City has established impact fees The project site has al land use designation ofLow Density Residential which has the development potential ofal Maximum Density: 4 units to 10 units per acre. The Low-Density Residential land use designation allows traditional single-family homes in the City of Arvin with four to ten dwelling units per acre. Typical parcel sizes may range from 4,3561 to 10,890 square feet. This type of use is recognized as the backbone ofthe community and is the largest land use designation in the city. Residences in this category consist generally of single-family detached houses with private yards. Primary access must be from secondary school, collector and local streets. Access from major streets or major highways should be Planning Commission report and resolution - CUP Arvin CSD Solar Array in R-1 Zone District 14of16  for Police, Parks, Sewer, and' Traffic.    considered only when special design features are included. The typical zoning designation is R-1. In addition, state law now mandates that all single-family lands may be developed with two (2) single family units and may accessory dwelling and junior accessory dwelling Based on the established land use density, the: following tablei illustrates an estimated loss ofrevenue to the City of Arvin as a result of the proposed Rotating Ground Mounted Solar Array on 6.84  unit may be developed by right.  Acres.  Impact Fee Estimates based on the 2018 Development Impact Fee  IMPACT 2018  6.84 Acre at 4 to 10 units per net acre =2 27 to 68 Single Family Residential Units  Type of Land Use 2018 Impact Fees Single Family Dwelling  Water Arvin Community Services District) (661)854-2127 ACSD: for Clearance the school and Current Fees $325,561 to $819,933  Schools (661) 854-6500*  Police  Parks Sewer  Traffic  $150.00 $3,565.00 4,400/unit $3,942.84/unit Please contact the Please contact  /unit  Per unit  district  2018 Impact Fees Loss due to utilization of lands for other use rather than residential development  $4,050up $96,255 to$10,200 to  $118,800 $106,456 to to $299,200 $268.113  $242.420  The proposed project results in an estimated loss ofr revenue from $325,561 to $819,933. Staff Recommendation relating to Fiscal Impact: Staff recommend that the Arvin Community Services District pay the estimate loss ofrevenue to the city in the amount ofthe  average ofthe low income loss and high income loss of $572,747.00. APPEAL OF ACTION TO THE CITY OF ARVIN CITY COUNCIL:  The applicant may appeal against the City of Arvin's Planning Commission action to the City Council. Said appeal and payment ofthe appeal fee as established' by the City Council must occur within ten (10) calendar days ofthe dated action of the City of Arvin Planning Commission.  EXHIBITSAND ATTACHMENTS  Resolution ofthe Planning Commission ofthe City of Arvin Conditionally Approving Conditional Use Permit - Arvin Community Service District- Solar Array and Adoption of an Exemption for The Conditional Use Permit and Site Development Permit Pursuant California Environmental Quality Act Guidelines Section 15304 Minor Alterations to. Land and 15329 Cogeneration Projects  at Existing Facilities  Planning Commission report and resolution - CUP. Arvin CSD Solar Array in R-1 Zone District 15of16    Attachments:  Attachment No.1- Chapter 17.56 Conditional Uses Attachment No. 2- Chapter 17.58 Single Family Zone District.  Notice ofl Exemption  Planning Commission report and resolution - CUP Arvin CSD Solar Array in R-1 Zone District 16of16    RESOLUTION NO.2024-XX  A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARVIN CONDITIONALLY APPROVING CONDITIONAL USE PERMIT - ARVIN COMMUNITY SERVICE DISTRICT - SOLAR ARRAY AND ADOPTION OF ANI EXEMPTION FOR THE CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PERMIT PURSUANT CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15304 MINOR ALTERATIONS TOI LAND AND 15329 COGENERATION PROJECTS AT EXISTING FACILITIES WHEREAS, the. Arvin Community Services District has submitted applications, Conditional Use Permit and Site Development Permit for the development of a ground-mounted solar array and easements  utilizing portions ofAPN's1 189-353-06 and -07; and  WHEREAS, The Successor Agency to the City of Arvin Redevelopment Agency is the owner of APN's 189-353-06 and -07 and the Arvin Community Services District is the owner of APN 189-353-09which is developed with Well Site No. 11 (west side of Meyer Street) and APN 189-353-08  which is developed with Well Site No. 16 (the north side of Millux Drive); and  WHEREAS, Arvin CSD and the City of Arvin Redevelopment Agency have entered into a Solar Land Lease with an optional period of two years to gain clearance and due their due diligence for the viability to utilize the site for the ground mounted solar array which is intended to provide alternative energy source for the operation of the two existing water wells. City of Arvin Redevelopment Agency and Arvin Community Services District have also entered into Two  Easement Agreements; and  WHEREAS, Prior to the development, Arvin CSD must receive zoning and development WHEREAS, The project is located at upper northeast corner of APN 189-353-07 for the ground mounted solar array area is approximately 6.84 acres of the 52.77 Acres of APN 189-353-07 and is generally located at the southwest corner of Celestial Way and Meyer Street with easements for WHEREAS, The ground-mounted solar area is to provide electrical service with two existing Arvin Community Services District water well sites, Well Site No. 11 located on APN 189-353-09, on the west side of Meyer Street and Well Site No. 16 located on APN 189-353-08 on the north side of Millux  approval from the City of Arvin; and  underground electrical conduit servicing Water Well Sites 11 and 16; and  Drive; and  WHEREAS, The two water well sites are to be serviced with underground electrical conduits from the ground-mounted solar array. The underground electrical conduits run in a southerly direction from the solar array along the east side of Meyer Street to Well Site No. 11, APN 189-353-09, and then continue southerly to the intersection of Millux Drive and Meyer Street. At the intersection of Meyer Street and Millux Drive, the underground electrical conduit then extends westerly along thei north side ofMillux Drive, northerly portions of APN's 189-353-06: and -07, to service Water Well Site No. 16, APN 189-353-08; and  Page 1 of6    WHEREAS, the Planning Commission finds that the utilization of the lands zoned for single family uses for the proposed ground mounted solar array and easements may be permitted upon approval of a conditional use permit as provided under Chapter 17 Zoning, Section 17.56 Conditional Use Permits, Subsection 17.56.025 Required findings list required findings for the approval of a conditional use permit when the planning commission determines that the project as submitted or as modified conforms to all of the following criteria. The Planning Commission hereby determines that the A. The use proposed by conditional use permit is consistent with the general plan, any Finding: The proposed Ground Mounted Solar Array and underground electrical conduits proposed by Arvin Community Services District (CSD) proposes to provide supplemental electrical service for two existing waters well sites. The existing water well sites serve the The Arvin Water Resources Element adopted May 14, 2019, states that "Arvin's domestic water is provided by the Arvin Community Services District (ACSD) that secures its water by pumping from the local ground water system. Helping to maintain that ground water system is the. Arvin- Edison. That Water Storage District (AEWSD), which imports water to the region via the Friant-Kern Canal and the California Aqueduct." The element sites one major goal is to continue tof fully implement current Green Building Code: requirements, which stress water use efficiency and The City of Arvin's Climate Action Plan, March 2013, has established Climate Action Strategies which included the execution of renewable power purchase agreement and/or install renewable energy systems on City-owned land or facilities, such that all of the electricity demand of municipal buildings is met using renewable energy. Increase the energy efficiency of municipal buildings and  required findings as detailed below are adopted:  applicable specific plan, and zoned district designation.  businesses and residents of Arvin and surrounding area.  energy use efficiency.  facilities  B. The use proposed by conditional use permit is consistent with this Code, including the Finding: The proposed Ground Mounted Solar Array proposed by Arvin Community Services District (CSD) proposes toj provide supplemental electrical service for two existing waters well sites. The approval oft the Conditional Use Permit for the project is consistent with' Title 17 Zoning development standards and all other municipal codes. The project will be required to apply for and obtain building, engineering, police, as well as Kern County Fire Services.  zoning ordinance.  C. The use proposed is not detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood. Finding: The proposed Ground Mounted Solar Array and underground electrical conduit proposed by Arvin Community Services District (CSD) proposes to provide supplemental electrical service for two existing waters well sites. Arvin Community Services District provides potable water supply to the City of Arvin businesses and residents. The installation of alternative energy sources for the existing domestic water wells will lessen the operational costs,    thus ini turn should assist in lessening the future costs for operational expenses. The reduction in greenhouses gases, the reduction in energy costs, the creation of an alternate and reliable energy source for the water well operations contribute to the health, safety, peaçe, comfort and general D. The proposed use isi in compliance with all applicable laws and ordinances. Finding: The proposed Ground Mounted Solar Array and underground electrical conduit proposed by Arvin Community Services District (CSD) proposes to provide supplemental electrical service for two existing waters well sites. Upon the imposition of conditional approval of the project by the Arvin Planning Commission, the project will bei in compliance will all  welfare of the businesses and residents of Arvin.  applicable laws and ordinances.  WHEREAS, The Planning Commission public hearing of December 17,2024 was duly noticed for the consideration oft the Conditional Use Permit and Site Development Permit for the project Arvin  Community Service District - Solar Array "; and  WHEREAS, Environmental review for the Conditional Use Permit approval for the establishment of a ground mounted solar array and easements on lands zoned R-1 Single Family Residential and the Site Development Permit conditional approval of the land development will provide alternative energy for the servicing two existing water wells owned and operated by Arvin Community Services District is Categorically Exempt per (CEQA) Environmental Quality Act Guidelines, Section 15304 Minor Alterations to Land and Section 5329 Cogeneration Projects at Existing Facilities. The Arvin Planning Commission accepts and approves the Notice of Exemption as the appropriate CEQA document for the project. Upon approval of the Conditional Use Permit and Site Development Permit the Notice of Exemption is tol be filed with the Kern County Assessor's Office and the State ofCalifornia CEQA Exempt portal; and WHEREAS, The Planning Commission determines, the 30 year plus two 5 year extensions, due to the term of the agreement, up to 40 years, the burden of immediate and future street and infrastructure improvements shall be the responsibility of the Arvin  Community Services District; and  WHEREAS, The Planning Commission hereby requires the Arvin Community Services District to enter into a Improvement Agreement for the immediate and future street and 1. Celestial Way, a Local Street classification, shall match the width of the existing improvements to the west, to be improved to city standards from Rayo De La Luna Drive to Meyer Street. The south side of the Celestial Way improvements include decorative fencing, a masonry wall with landscaping and irrigation, and street lighting. No concertina wire or barb wire or wiring that could cause physical damage on top ofthe decorative wall. The project is adjacent to and is on the south side of the El Camino Real Elementary School. To be completed prior to final inspection by the Building Division OR security  infrastructure improvements:  and timing ofi improvements as approved by the City Engineer.  Page 3 of6    2. Meyer Street, a Collector, Arvin Community Services District shall be responsible for the improvement ofone-half(A) street width to city standards. The street to be improved upon the development of the property on the west side of Meyer Street. Improvements include decorative fencing, a masonry wall with landscaping and irrigation, and street lighting. No concertina wire or barb wire or wiring that could cause physical damage on top of the decorative wall. The Solar Array development shall not encroach into the 110'-0" road easement. However, Meyer Street, unimproved street, shall be improved in the interim to a standard approved by the City Engineer to attain accessibility for  emergency vehicles.  3. Rayo De La Luna Drive, a Local Street, which is ai north-south street, Arvin Community Services District to improve one-half (Va) street width to city standards to be improved upon the development of the property on the east side of Solar Array project site from Celestial Way to the UN-NAMED ROAD to the south. The Ray De La Luna Drive, if utilized, shall be improved in the interim to a standard approved by the City Engineer to  attain accessibility for emergency vehicles.  4. UN-NAMED ROAD, a Local Street, which is an east-west street, on the south side of the Solar Array, Arvin Community Services District shall improve one-half (Va) street width to city standards. To be improved upon the development of the property on the south side of Solar Array project site from Meyer Street to the westerly boundary of the Solar Array site. The UN-NAMED ROAD shall be improved in the interim to a standard approved by the City Engineer to attain accessibility for emergency vehicles. 5. Landscaping and Irrigation Design: The Arvin Community Services District shall be required to maintain the landscaping and irrigation systems and lighting along the Celestial Way, Meyer Street, UN-NAMED ROAD for the length of the lease agreements between Successor Agency of the City of Arvin Redevelopment Agency and Arvin WHEREAS, he Planning Commission conducted a public hearing on December 17, 2024 for the consideration of the Conditional Use Permit and Site Development Permit for the project " Arvin Community Service District - Solar Array t and provided an opportunity for all interested persons  Community Services District.  to give testimony.  NOW THEREFORE BEI IT RESOLVED by the Planning Commission oft the City of Arvin as 1. The Planning Commission of the City of Arvin finds that the above recitals are true and 2. The Planning Commission finds that the Arvin Community Service District ground  follows:  correct.    mounted solar array and easements are permitted subject to conditional use approval. 3. The Planning Commission affirms findings as required by Section 17.56.025 fort the conditional approval oft the ground mounted solar array and easements requested by the 4. The Planning Commission hereby adopts the Notice of Exemption per (CEQA) Environmental Quality Act Guidelines, Section 15304 Minor Alterations to Land and Section 5329 Cogeneration Projects at Existing Facilities for Conditional Use Permit for the establishment ofa ground mounted solar array and easements on land zoned R-1 Single Family Residential and the Site Development Permit conditional approval for the development ofthe 6.84 acre ground mounted solar array and easements that will provide alternative energy for the servicing two existing water wells owned and operated by Arvin Community Services District. 5. The Conditional Use Permit is approved subject to the implementation and compliance with the Conditions of Approval attached as Exhibit A.  Arvin Community Services District.  6. This Resolution shall take effect immediately.  IHEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Arvin at a special meeting thereof held on the 17th day of December  2024 by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  CITY OF ARVIN  By:  ATTEST  JOSHLYN HORTON, Chair  JEFFREY JONES, Deputy City Clerk  APPROVED AS TOI FORM:  By:  NATHAN HODGES, City Attorney Hodges Law Group  Page 5 of 6    I,  Secretary of the Planning Commission of the  City of Arvin, California, DOI HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the Planning Commission of the City of Arvin on the  date and by the vote indicated herein.    Conditions of Approval - Exhibit A Arvin Community Services District  Conditional Use Permit 2024- Solar Array and Easements  Conditional Use Permit 2024-Solar Array and Easements: The conditional use permit establishes the zoning clearance for the development of a 6.87 acre ground-mounted solar array and easements for underground electrical conduit to water wells NO. 11 and 16 on portions of APN's 189-353-06: and -07.  COMMUNITY DEVELOPMENT DEPARTMENT  GENERAL (G)  G-1 The Conditional Use Permit for the establishment ofa ground mounted solar array in the land zoned R-1 Single Family Residential and the Site Development Permit conditional approval that will provide alternative energy for the servicing two existing water wells owned and operated by Arvin Community Services District is Categorically Exempt per (CEQA) Environmental Quality Act Guidelines, Section 15304 Minor Alterations to Land and Section 5329 Cogeneration Projects at Existing Facilities. A Notice of Exemption is filed at the Community Development Department, 141 Plumtree Drive, Arvin, CA and may be viewed during normal business hours. City Clerk to file the Notice of Exemption with the Kern County Clerk's Office and Staff to file the Notice of Exemption with the State of California -CEQA submit. Applicant shall pay all fees G-2 The applicant shall file an application and payment of fees for addressing. Addressing application may be obtained from the Planning Division upon development on the project site. G-3 Prior to the development of the project, the applicant shall be required to obtain Site Development Permit approval as required by Tite 17 Zoning, Chapter 17.60 Site Development G-4 The Site Development conditional approval, SDP 2024-ArvinCSD Solar Array, by the G-5The owner(/applicant(g/subdivider(), (hereinafter referred to as applicant), at their sole cost and expenses, shall defend, indemnify and hold harmless the City of Arvin ), (hereinafter referred to as "City"), its agent, legislative body, officers, and employees in any legal or administrative action, claim or proceeding concerning approval of Conditiona Use Permit or, ati its election and ini the alternative, shall relinquish such approval. The applicant shall assume the defense of City in such legal or administrative action, claim or proceeding with legal counsel paid for in the entirety by applicant, but subject to the City's reasonable approvals. Applicant shall also reimburse the city, its agents, legislative body, officers and employees for any. judgements, amounts paid in settlements, court costs and attorneys' fees, which the City, its agents, legislative body, officers, and employees may be required to pay at court as result of such action, claim, or proceeding. The city may, at its sole discretion, participate at its own  for the processing and filing oft the Notice of Exemption.  Permits.  Planning Commission establishes requirements for development of project.  Conditions of Approval - CUP Arvin Community Services District Solar Arry and easements Page 1 of2    expenses in the defense of any such action, claim or proceeding, but such participation shall  not relieve Applicant, of their obligation under this condition.  END  Conditions of Approval - CUP Arvin Community Services District Solar Arry and easements Page 2 of2    CITY OF ARVIN CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT FOR ARVINCSD SOLAR ARRAY  CUP - ARVIN COMMUNITY SERVICE DISTRICT - SOLAR ARRAY & SDP 2024- THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.  PROJECT TITLE:  Arvin Community Services District Solar Array (Conditional Use Permit - Arvin Community Services District - Solar Array and Site Development Permit 2024 - ArvinCSD Solar Array)  APPLICANT:  Raul Barraza, Jr., General Manager Arvin Community Services District 309 Campus Drive Arvin, CA 93203  PROJECT LOCATION:  Generally located at the southwest corner of Meyer Street and Celestial Way with easements south along Meyer Street to Millux Road and east along Millux Road (portions of APNs:  189-353-06, -07, -08, and -09).  PROJECT DESCRIPTION: CUP = Arvin Community Service District Solar Array and  SDP 2024 - ACSD Solar Array were filed by Raul Barraza, Jr., on behalf of the Arvin Community Services District, and pertains to portions of APNS 189-353-06, -07, -08, and -09. The project proposes to construct a ground-mounted rotating solar array on a 6.84 acre portion of APN 189-353-07 (52.77 acres). Additionally, underground easements for utility connections will run south along the west side of Meyer Street to Millux Road and west along the north side of Millux Road to provide electrical service to the existing water well sites on APNS 189- 353-08 and -09, which are owned and operated by the Arvin Community Services District. The Project site is planned and  zoned for single-family residential uses.  This project is exempt under Section 15304/Class 04 and Section 15329/Class 29 of the Under Section 15304/ Class 04, the proposed project is exempt from CEQA requirements when the project consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Section 15304 of the CEQA Guidelines provides the following  California Environmental Quality Act (CEQA) Guidelines as follows:  examples:    (e) Minor temporary use of land having negligible or no permanent effects on the  environments, including carnivals, sales of Christmas trees, etc; (f) Minor trenching and backfilling where the surface is restored;  The proposed project includes a solar array and easements for underground electrical service to provide power to existing water wells in the vicinity of the site. The solar array will be placed on land owned by the Successor Agency to the City of Arvin Redevelopment Agency. The Arvin Community Services District has entered into a 30- year lease agreement, with the option for two (2) additional 5-year extensions for a total term of 40 years. The solar array has been designed such that, at the end of the lease term, the array can be removed and the site may be redeveloped. As such, the proposed project can be determined to be a temporary use of land having negligible or no permanent effects on the environment. Additionally, the easements and underground electrical connections will require minor temporary trenching which will be backfilled,  thereby restoring the surface close to its pre-disturbance state.  Under Section 15329/Class 29, the proposed project is exempt from CEQA requirements when the project consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the conditions described in this section: a) At existing industrial facilities, the installation of cogeneration facilities will be exempt 1) Result in no net increases in air emissions from the industrial facility, or will produce emissions lower than the amount that would require review under the  where it will:  new source review rules applicable in the county, and 2) Comply with all applicable state, federal, and local air quality laws.  The proposed project is not an existing industrial use.  b) Ato commercial and institutional facilities, the installation of cogeneration facilities will be  exempt if the installation will:  1) Meet all the criteria described in subdivision (a);  2) Result in no noticeable increase in noise to nearby residential structures; 3) Be contiguous to other commercial or institutional structures.  The proposed Project includes a solar array, with a capacity of approximately 1.5 MW, and easements to provide electrical service to existing water well sites owned and operated by the Arvin Community Services District. As such, the Project will provide cogeneration facilities with a capacity of less than 50 MW. Additionally, the project will not result in a net increase in air emissions, will comply with all applicable state, federal, and local air quality laws, will not result in a noticeable increase in noise to nearby  residential structures, and will be contiguous to the existing structures.  None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a significant effect on the environment. A categorical exemption, as noted above, has been  prepared for the project and the area is not environmentally sensitive.    Date: December 17, 2024  Prepared By: Isaiah Medina, Assistant Planner  Precision Civil Engineering, Inc.  Submitted by:  Jeffrey Jones City Manager City of Arvin (661) )854-3134    Chapter 17.54 VARIANCES, MODIFICATIONS AND ZONE CHANGES  Sections:  17.54.010 Applicability. changes. (Ord. 51 53101,1965).  The regulations set forth in this chapter shall apply to the granting of variances, modifications andz zone  17.54.020 Varances--Required circumstances.  A. Thep planning commission, upon its own motion, may, or upon the verified application of anyi interested persons, shall in specific cases, initiate proceedings for the granting or denial, as the case may be, ofa variance from the provisions of this title. The planning commission may grant such variance only when the 1. That the variance, granted shall be subject to such conditions as willa assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other 2. That special circumstances exist which are applicable tot the subject property, including size, shape, topography, location or surroundings, wherein the strict application of the zoning ordinance in question is found to deprive the subject property of privileges enjoyed by other properties in the B. All acts of the planning commission and city council under the provisions of this section shall be construed as administrative acts performed for1 the purpose of assuring that thei intent and purpose oft this title shall apply ins special cases, as providedi int this section, and shall not be construed as amendments toi the provisions of  following circumstances are found to apply:  properties ini the vicinity and zonei in which thes subject propertyi is situated;  vicinity and underi identical zone classification.  this title or any zoning map. (Ord.5153102, 1965).  17.54.030 Variances--Application-Contents. Applications for variances shall be accompanied by:  A. Aplot plan and description of they property involved, showing the location of all existing and proposed buildings. Additional plans and descriptions of the proposed use of the property with ground plans and elevations for all proposed buildings may be required at the discretion oft the planning commission; B. Areference to the provisions of the chapter from which such propertyi is sought tol be excepted.  (Ord. .5153103,1965).  Created: 2023-05-04 14:37:43 [EST]  (Supp. No. 8)  Page 1of1 14    17.54.040 Amendments and zone boundary changes.  A. Whenever the public necessity, convenience, general welfare, or good zoning practices justify such action, the planning commission, uponi its own motion or upon the verified application of anyi interested person, mayi initiate proceedings to amend, supplement or change thez zones, regulations or districts established by B. With the exception of amendments changing propertyf from one: zone to another, or changing the! boundaries of any zone, amendments may be made or new zoning maps adopted in thes same manner ast this title was  this title. adopted. (Ord. 51 $3104, 1965,).  17.54.050 Modifications-Permitted when.  Ar modification may be granted, subject to appeal to the city council and the authority for the granting of A. Permit the modification of the setback, yard and lot arear regulations that mayl be necessaryt to secure ana appropriate improvement on al lot, to prevent unreasonable hardship, or to promote uniformity of improvement; provided, however, such modification shall not grant ar reduction in excess of five B. Permit the modification off fence, wall and hedge regulations that mayl be necessary to secure an Permit the modification of parking requirements to allow side yards abutting as street andi fronty yards to be used for off-street parking, tos secure appropriate improvements on the lot, to prevent  such modification is as follows:  percent (5%) of the applicable setback, yard orl lot area requirements;  appropriate improvement on al lot;  unreasonable hardship, or to promote uniformity ofi improvements.  (Ord. 11052, 1971; Ord.5 51 53105,1965). (Ord. No. 376, 2008).  17.54.060 Modifications-Procedure.  The procedure fora acting upon applications for modifications shall bet the same as the procedure for acting upon applications for variances, except that no notice of publicl hearing willl be required if the application fors such modification is accompanied byt the written consent of the owners ofa all property abutting and of all property directly across a street froms subject property. Appeals from a decision of thep planning commission shall be made  to the city council, ini the same manner as an appeal for a variance.  (Ord. 51 $3106, 1965).  17.54.070 Filing of applications.  A. Applications for variances, modifications and changes of zone shall be made in writing to the planning commission in such form asi is approved byt the planning commission. The planning commission may provide forms for such purposes and may prescribe the type ofi information to be provided thereon.  No petition shall be received unless it complies withs such requirements.  Created: 2023-05-04 14:37:43 [EST]  (Supp. No.8)  Page 2 of14    B. Applications filed pursuant to this title shall be numbered consecutively in the order of their filing ands shall become a part oft the permanent official records of the planning commission, and there shall be attached  thereto copies of all notices and actions pertaining thereto.  (Ord.5153107,1965).  17.54.080 Fees-Designated.  Before accepting any application forf filing, the city shall charge and collect thei following fees for the purposes of defraying the expenditures incidental to the proceedings prescribed int this chapter: A. Change of zone. The applicant shall pays such fees as adopted by resolution oft the city council for each B. Variance. The applicant shall pay suchi fees as adopted by resolution oft the city council for each Modification. The applicant shall pays such fees as adopted by resolution of the city council for each application submitted toi the city for a modification where no public hearing is required. Where ap public D. Appeal. For each appeal toi the city council from any ordinance, requirement, decision or determination of the planning commission ini the administration or enforcement of the provisions of this title, the  change of zone application submitted to the city; application for a variance submitted tot the city;  hearingi is required, thei fees shall bei thes same as for a variance; appellant shall pay at fee as adopted by resolution of the city council.  (Ord.7 7951, 1971:Ord.51 $3108,1965). (Ord. No. 449,97,6-19-2018) 17.54.090 Investigation.  They planning commission shall cause to be made byi its own members, or members of its staff, such investigation ofi facts bearing upon such application as wills serve to provide all necessaryi information to assure that the action on each such application is consistent with thei intent and purpose of this title and with previous  amendments or variances. (Ord. 5153109, 1965). 17.54.100 Hearing--Notice.  A. Following the receipt in proper form of any application filed under the provisions of this chapter, the secretary of the planning commission shall fix at time and place of public hearing thereon.  B. Notices of hearings shall be provided as follows:  1. Government Code section 65090 requires notice published in at least one (1) newspaper of general circulation within the city at least ten (10) days prior tot thel hearing. If therei is no such newspaper of general circulation, the notice mayi instead be posted int three (3) public places within the city. a. Notice of the! hearing shall be mailed or delivered at least ten (10) days prior to thel hearing to the owner of the subject real property as shown on thel latest equalized assessment roll or the  2. Government Code section 65091 requires:  Created: 2023-05-04 14:37:43 [EST)  (Supp. No. 8)  Page 3 of14    records of the county assessor or tax collector. Notice: shall also be mailed tot the owner's duly b. When the Subdivision Map Act requires notice ofa a publicl hearing to be given, notice shall also be given to any owner ofar mineral right pertaining to thes subject real property who has recordeda notice of intent to preserve the mineral right pursuant to! Section 883.230 of the Civil Code. C. Notice of the! hearing shall be mailed or delivered atl least ten (10) days prior tot the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services tot the project, whose ability to provide those facilities and services may be d. Notice of thel hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown ont thel latest equalized assessment rolly within three hundred (300) feet oft ther real property thati is the subject of thel hearing. Inl lieu of usingt the assessment roll, the city may use records of the county assessor or tax collector. If the number of owners to whom notice would be mailed or delivered pursuant tot this subsection (B)(2)(d) or (B)(2)(a)is greater than one thousand (1,000), the city, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement ofa at least one-eighth (Y) pagei in atl least one( (1) newspaper of general circulation within the local agency in which the proceeding is conducted at e. Ift the notice is mailed or delivered pursuant to subsection B(2)(d) of this section, the notice shall  authorized agent, ifa any, and1 to thep project applicant.  significantly affected.  least ten (10) days prior toi the hearing.  also either be:  Published in at least one (1) newspaper of general circulation within thel local agency which isc conducting the proceeding atl least ten (10) days prior to the hearing. ii. Posted at least ten (10) days prior to thel hearing in at least three (3) public places within the boundaries of the local agency, including one (1), public place int the area directly f. Whenever a hearing is held regarding ap permit for a drive-through facility, or modification of an existing drive-through facility permit, notice procedures: shall be incorporated address the! blind, aged, and disabled communities in order tot facilitate their participation in any hearing on,or  affected byt the proceeding.  appeal of the denial of, a drive-through facility permit.  3. Notices per subsection B(1) of this section (referring to ther requirements of Government Code section  65090) shall applyt to the following:  a. Adoption or amendment of a general or specific plan.  b. Zoning ordinance or amendment. (Note additional requirements for thep planning commission,  below.)  Development agreements. (Note subsection B(2) also applies.) d. Tentative, final, and parcel maps. (Note subsection B(2) also applies.)  4. Notices per subsection B(2) of this section (referring to ther requirements of Government Code section a. Zoning ordinance or amendment but onlyi ift the proposed ordinance or amendment to az zoning ordinance affects the permitted uses of real property. (Note this only applies to hearings of the  65091) shall apply to thei following: planning commission.)  b. Development agreements. (Note subsection B(1) also applies.) Tentative, final, and parcel maps. (Note subsection B(1) also applies.)  Created: 2023-05-04 14:37:43 [EST]  (Supp. No. 8)  Page 40 of14    d. Conditional use permits. e. Site plans.  f. Any other entitlement subject tot thez zoning ordinance not otherwise listed in1 this section. : Inaddition to the notice required by this section, the city may giver notice oft thel hearing in any other manner D. Ifthe applicable notice provisions of the Government Code are amended, the requirements shall be automatically incorporated herein, and anyi inconsistent or superfluous requirement oft this Section shall no  itdeems necessary or desirable. longer be applicable. (Ord.515 $3110, 1965). 0.4.N.47.51922202)  17.54.110 Mearing-Procedure-Continuation.  Public hearings as provided for int this title and by statel laws shall be held before the; planning commission at thet time and placef for which public notice has been given as required by this chapter. The planning commission maye establish its own rules for the conduct of such hearings. As summary of all pertinent testimony offered ata public hearing, together with the names and addresses of all persons testifying, shall be recorded and made aj part of the permanent files oft the case. Any such hearing may be continued; provided, that prior to the adjournment or recess thereof, the presiding officer at such hearing shall announce the time andp place to which such hearing will  bec continued. (Ord. 515 $3111, 1965).  17.54.120 Decisions-Time limit.  Within thirty-five (35) days after the conclusion ofap public hearing, the planning commission shall render its decision on the matter sol heard. Thei failure of the planning commission to render such decision within thirty-five (35) days after the conclusion of the hearing may be deemed to constitute a denial, buti in no case shall such failure  be deemed to constitute an approval. (Ord. 51 $3112(part), 1965).  17.54.130 Decisions--Granting or denial--Notice.  A. Within five (5) days after final decision byt thep planning commission on an application for a variance, modification or conditional use permit, notices of the decision ini the matter shall be mailed to the applicant at the address shown upon the application, the city clerk, ther members of the city council, the owners oft the B. The granting, either with or without conditions, ort the denial of such application by the planning commission shall be final unless within fifteen (15) days after the decision by the planning commission, or ten (10) days after the mailing of ther required notices, whichever datei is later, the applicant, or àny other person aggrieved, appeals therefrom in writing to the city council by presenting such appeal to the city clerk. Ati its next regular meeting after thet filing of such appeal with the city clerk, the city council shall set a datei for a hearing thereon. The manner ofs setting the! hearing, giving of notice and conducting the hearing shall be the same as prescribed int this chapter for hearing byt the planning commission. The decision appealed from shall be affirmed unless reversed bya a vote of not less than a majority of all members of the city council.  adjoining property and persons requesting such notice.  Created: 2023-05-04 14:37:43 [EST]  (Supp. No.8)  Page 5 of14    No permit or license shall be issued for any use involved in an application for a variance, modification or conditional use permit until the same has become final byr reason of thet failure ofa any person to appeal or by Ifthe use authorized bya any variance, modification or conditional use permit is or has been unused, abandoned, discontinued or has ceased for a period ofs six (6) months, ort the conditions haver not been complied with, such variance, modification or conditional use permit shall become nulla and void and ofr no effect unless ane extension therefore has been granted by the planning commission, upony written petition of  reason oft the action of the city council.  the applicant for such extension before the expiration ofi the above period.  (Ord. 51 53112/A), 1965).  17.54.140 Amendments and changes of zone boundaries--Final action-Final hearing. A. Within ten (10) days after final action by the planning commission on an application for amendments or changes of zone boundaries, its recommendation, together with the complete records of the case, shall be B. The city council, after receipt of the report and recommendation from the planning commission, shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conducting thel hearing shall be thes same as prescribed ini this chapter for hearings by the planning commission. The recommendation oft the planning commission. shall be approved unless reversed by a vote of not less than a majority of all members No permit or license shall bei issued for any use involved in an application for an amendment or change of  delivered to the city council.  oft the city council.  zone untils same has become final byt the adoption of an ordinance.  (Ord.! 51 $3112(B), 1965).  17.54.150 Deferral of city council vote.  Notwithstanding any provision in Sections 17.50.130 and 17.50.140 to the contrary, at the request of the applicant or any other interested persons, the vote of the city council on any application for a variance, modification, conditional use permit or an amendment or change of zonel boundaries, shall be deferred by the city council until such time as all members oft the city council are present and havel had the opportunity to vote  thereon. (Ord. 51 $3112(c), 1965).  17.54.160 Reasonable accommodations standards.  A. Applicability and Purpose. Reasonable accommodation in thel land use andz zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain Ani individual witha a disability is someone who! has a physical or mental impairment that limits one (1) or more major life activities; anyone whoi is regarded as having such impairment; or anyone with a record of such B. Arequest for reasonable accommodation may be made by anyi individual with a disability, his or her representative, or a developer or provider of housing fori individuals with disabilities, when the application of  requirements, wheni iti is necessary to eliminate barriers tol housing opportunities.  impairment.  Created: 2023-05-04: 14:37:43 [EST]  (Supp. No.8)  Page 6of14    al land use, zoning or building regulation, policy, practice or procedure acts as al barrier tot fair housing Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodation: shall be prominently displayed at publici information counters in city hall, advising the public oft the availability of the proceduret fore eligible individuals. Forms for requesting reasonable accommodation 1. Inc order to make housing available to an individual with a disability, anye eligible person as defined in 2. Requests forr reasonable accommodation: shall bei in writing and provide thei following information:  opportunities.  shall be available to the publici in city hall. D. Requesting Reasonable. Accommodation.  section 17.54.160ar may request a reasonable accommodation. a. The applicant's name, address, and telephone number. b. Address of the property for which ther request is being made.  C. The name and address of the property owner, and the owner's written consent to the  application.  d. The current actual use of the property.  e. The basis for the claim that thei individual is considered disabled under thei fair housing laws: Identification and description of the disability whichi is thel basis for ther request for accommodation, including current, written medical certification and description of disability and itse effects ont the person's medical, physical, or mental limitations. f. The rule, policy, practice and/or procedure oft the city for which the request for accommodation ist being made, including the zoning code regulation from which reasonable accommodationi is  beingr reauested.  g. The type of accommodation sought.  h. The reason(s) why the accommodation is reasonable and necessary for the needs of the disable person(s). Where appropriate include a summary of any potential means and alternatives Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding ther need for the accommodation. Other supportive information deemed necessary byt the cityt tot facilitate proper consideration of  considered in evaluating the need for the accommodation.  the request, consistent with fair housing laws.  3. Any information identified by an applicant as confidential shall be retainedi in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection. 4. Ar request for reasonable accommodation in regulations, policies, practices and procedures may be filed at anyt time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable 5. Ifani individual needs assistance in making ther request for reasonable accommodation, thej jurisdiction Review with other land use applications: Ift the project for which ther reasonable accommodation is being requested also requires some other discretionary approval (such as conditional use permit, general plan amendment, zoning amendment, subdivision map), then the applicant shall submit the  regulations not at issue in the requested accommodation. will provide assistance to ensure that the process is accessible.  Created: 2023-05-04: 14:37:43 [EST]  (Supp. No. 8)  Page 7of14    reasonable accommodation application first fora a determination by the city manager, before 7. Fee. Thet feet for an application for reasonable accommodation shall be established byr resolution of the 1. Requests for reasonable accommodation shall be reviewed by the city manager, usingt the criteria set forthi in subsection 17.54.160F. Information related to an applicant's disability shall be kept ins strict 2. The city manager shalli issue a written decision on a request for reasonable accommodation within thirty (30) days of the date oft the application and maye either grant, grant with modifications, or denya request for reasonable accommodation in accordance with ther required findings set forthi in subsection 3. Ifnecessary to reach a determination on the request forr reasonable accommodation, the city manager may request further information from the applicant consistent with fair housing laws, specifyingi in detail the information thati is required. In the event that a request for additional information is made, thet thirty-day period to issue a decision is stayed until the applicant responds tot the request. 1. The written decision to grant, grant with modifications, or deny a request forr reasonable accommodation: shall be consistent withf fair housing laws and! based on thei following factors: a. Whether thel housing, whichi is the subject of the request for reasonable accommodation, willl be used by ani individual with disabilities protected under fair housing laws; b. Whether ther requested. accommodation is necessaryt to make housing available to an individual with disabilities protected under the fair housing laws; C. Whether ther requested accommodation would impose an undue financial or administrative d. Whether ther requested accommodation would require ai fundamental alteration ini the nature of e. In granting a request for reasonable accommodation, ther reviewing authority mayi impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with theset findings including thei following: (i) Inspection of the property periodically, as specified, to verify compliance with this section (ii) Removal of thei improvements, where removal could not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer (ii) Time limits and/or expiration of the approval if the need for which the accommodation was (iv) Recordation ofa a deed restriction requiring removal of the accommodating feature once (vi) Measures in consideration of the physical attributes of the property and structures;  proceeding with the other applications.  city council. E. Reviewing Authority.  confidence int the city manager's office.  17.54.160F.  F. Required Findings.  burden on the city and;  the city's land use and zoning or building program.  and any conditions of approval;  exists;  granted no longer exists; the need for iti nol longer exists;  (v) Measures to reduce thei impact on surrounding uses;  Created: 2023-05-04 14:37:43 [EST]  (Supp. No.8)  Page 8 of14    (vii) Other reasonable accommodations that may provide an equivalent level of benefit and that will not result in an encroachment into required setbacks, exceed the maximum height, lot coverage, or floor area ratio requirement specified fort the zone district; and (vii) Other conditions necessary to protect the public health, safety, and welfare.  G. Written Decision on the Request for Reasonable Accommodation.  1. The written decision ont the request for reasonable accommodation: shall explain in detail thel basis of the decision, including the reviewing authority's findings on the criteria seti forth in subsection written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as setf forth below. Ther notice of decision shall be sent to the applicant by certified mail. 2. The written decision of the city manager shall be final unless an applicant appeals it to the city's planning commission within ten (10) days of the date of the written decision byf following the process 3. If the city manager fails to render a written decision on the request for reasonable accommodation within thet thirty-day time period allotted by subsection 17.54.106E.3., the request shall be deemed 4. While ar request for reasonable accommodation is pending, alll laws and regulations otherwise applicable tot the property that is thes subject of the request shall remain in fulli force and effect. 1. Within thirty (30) days of the date of the city manager's written decision, an applicant may appeal an adverse decision to the planning commission. Appeals from the adverse decision shall be madei in 2. Ifani individual needs assistance ini filing an appeal on an adverse decision, the city will provide 3. Alla appeals shall contain as statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights oft the 4. Nothing int this procedure shall preclude an aggrieved individual from: seeking any other state ort federal remedy available, so long as the aggrievedi individual has fully followed the process contained int this  17.54.160F.AlI  found ins subsection (h) of this section.  granted.  H. Appeals.  writing. The decision oft the planning commission shalll bet final. assistance to ensure that the: appeals process is accessible. applicant and: shall not be made available for publici inspection.  section. (Ord. No. 421,99,7-7-2015)  Created: 2023-05-04 14:37:43 [EST]  (Supp. No.8)  Page 9of14    Title 17-ZONING* Chapter 17.56 CONDITIONAL USE PERMITS  Chapter 17.56 CONDITIONAL USE PERMITSI  Sections:  17.56.010 Applicability. (Ord. No. 448,53,6-19-2018)  Ther regulations set forthi int this chapter shall apply to the granting of conditional use permits.  17.56.020 Prohibited uses permitted when.  A. Certain uses may be permitted byt the planning commission andt the city council in zonesi in which they are not permitted by this title where such uses are deemed essential or desirable tot the public convenience or welfare, and are in harmony with thev various elements or objectives of the comprehensive, general plan. B. Except as otherwise providedi int this chapter, the procedurei for filing of conditional use permit applications, payment of filing fees for such applications, and all associated investigations, notices, public hearings, and The planning commission may waive public hearings on an application for a conditional use permit for public utility or public service uses or public buildings, when found to be necessary for the public health, safety, D. No conditional use permit application shall be deemed complete or processed until thet filing fee (which may bei in thet form ofa deposit), as established pursuant to resolution of the city council, has been paid int full.  appeals shall bei the same as providedi in Chapter 17.54 for variances.  convenience or welfare.  (Ord. No. 448, $3,6 6-19-2018; Ord. No. 471,52,9-22-2020)  17.56.025 Required findings.  Aconditional use permit shall only be granted if the planning commission determines that the project as submitted or as modified conforms to all of thei following criteria. Ift the planning commission determines thati itis A. The use proposed by conditional use permit is consistent with the general plan, any applicable specific B. The use proposed by conditional use permit is consistent with this Code, including the zoning  not possible to make all oft the required findings, the application shalll be denied.  plan, and zoned district designation.  ordinance.  The use proposed is not detrimental to the! health, safety, peace, morals, comfort or general welfare of  persons residing or working ini the neighborhood.  1Editor's note(s)--Ord. No. 448, 53, adopted. June 19, 2018, amended Ch. 17.56 ini its entirety to read as herein set out. Former Ch. 17.56, 55 17.56.010-17.56.040, pertained to similar subject matter, and derived from Ord. 5153201par-3203,165,0r4.11051, 1975; Ord. 1515 $4, 1980; Ord. No. 418,2-3-2015; Ord. No. 421,5  10,7-7-2015.  Arvin, California, Code of Ordinances (Supp. No. 8)  Created: 2023-05- -04: 14:37:43 [EST)  Page 10of14    D. The proposed use is in compliance with alla applicable laws and ordinances.  (Ord. No. 471,53,9-22-2020)  17.56.030 Permitted uses-Any: zone. A. Airports or aircraft landing fields;  Thet following uses mayl be permitted in anyz zone upon the granting ofa conditional use permit:  B. Cemeteries, columbariums, crematories and mausoleums; Churches or other places used exclusively for religious worship;  D. City, county, state andi federal enterprises, including buildings, facilities and uses of departments or institutions thereof which are necessary tot the general welfare of the community;  E. Day nurseries and nursery schools;  F. Educational institutions, including schools, elementary or high;  G. Establishments or enterprises involvingl large assemblages of people or automobiles, including amusement parks, circuses, carnivals, expositions, fairgrounds, open-air theatres, racetracks,  recreational and sport centers;  H. Hospitals, sanitariums and rest homes, homes for the aged; I. Institutions ofap philanthropic or eleemosynary nature; K. Libraries, museums and private clubs;  J. Large-scale neighborhood housing projects having a minimum gross area of twenty (20) acres;  Natural resources development, together witht the necessary buildings, apparatus or appurtenances, incident thereto, except drilling for or removal of oil, gas or other hydrocarbon. substances;  M. Parks, playgrounds and community buildings; N. Public utility or public service buildings, structures and uses; O. Radio and television transmitters; P. Real estate tract offices and signs; Q. Golf courses and country clubs; R. Mobile homes and mobile home parks.  (Ord. No. 448,93,6-19-2018)  17.56.040 Permitted Uses--Spedificzone.  Thei following uses may be permittedi int the zones indicated ini this section upon the granting ofa conditional  use permit:  A. Advertising sign boards or structures in the C-1z zone;  B. Agricultural industries and the processing of agricultural products in the A-2 zone;  Animal hospitals, kennels and veterinaries int the C-2: zone;  D. Apartment hotels int the R-42 zone;  Created: 2023-05-04: 14:37:43 [EST]  (Supp. No.8)  Page 11 of14    E. Automobile trailer courts orr mobile home parksi int the R-4 zone; G. Commercial: stockyards and animal slaughter int the A-2 and M-3 zones; H. Dairies and livestock feed yards int the M-2, M-3 and A-12 zones; I. Dumps and refuse disposal areas ini the A-2a and M-32 zones;  F. Reserved;  J. Equestrian establishments, including stables, riding academies, schools or amusements, int the C-2  zone;  K. Fruit, vegetable and meat packing plants ini the A-1 and. A-2 zones; M. Housing for agricultural workers in the A-1 and A-2 zones; N. Mortuaries or funeral parlors in the C-1a and Az zones; O. Sewer farms and sewage disposal plantsi int the A-2 and M-3 zones; P. Auto spray-painting operations when complementary to adjacent uses; R. Residential caref facilities ini the R-2, R-3 and R-42 zones. (Ord. No. 448,53,619-2018; Ord. No. 480,52,4-26-2022)  L. Hog ranches in the A-2z zone;  Q. Fishi farmingi ini the Ez zone;  Created: 2023-05-04: 14:37:43 [EST]  (Supp. No. 8)  Page 12 of1 14    17.56.050 Suspension and revocation.  A. Suspension andr revocation authority. Thep planning commission may suspend or revoke a conditional use permit when the permit holder or anyone acting on the permit holder's behalf has committed any of the 1. Any action or condition which would be grounds for denial of a conditional use permit. 2. Any action or condition which constitutes a violation of this chapter, any other applicable provision of the Arvin Municipal Code, or any applicable condition of approval of the conditional use permit. 1. Prior to suspending or revoking a conditional permit, the planning commission. shall conduct a public hearing to determine whether therei is an appropriate basis fors suspension or revocation pursuant to 2. Written notice of the public hearing shall be mailed or delivered, at least ten (10) calendar days prior to  following acts or maintained. any oft thet following conditions:  B. Suspension and revocation procedures.  subsection (A): above. the hearing, to:  The permit holder, and the permit holder's duly authorized agent;  ii. The owner oft thes subject real property as shown on the latest equalized assessment roll, if different thani the permit holder, and such owner's duly authorized agent. Instead of using the assessment roll, the city may use records of the Kern County Assessor or Tax Collectori ift those records contain morer recent information than thei information contained on the assessment roll; iii. Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to thes subject real property, whose ability to provide those facilities and services may be significantly: affected byt the proposed suspension or revocation; and iv. All owners of real property as shown on thel latest equalized assessment roll within three hundred (300) feet of thes subject real property. instead of using the assessment roll, the city may use records oft the Kern County Assessor or Tax Collector ift those records contain more recent information than thei information contained on the assessment roll. If the number of owners to whom notice would ber mailed or delivered is greater than one thousand (1,000), the city, inl lieu ofr mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one (1) newspaper of general circulation within the city at least ten V. Any other person or entity entitled to notice pursuant to Government Code! Section 65091, as 3. The notice of public hearing shall be published and posted in accordance with Government Code 4. The notice of public hearing shalli include thei information required by Government Code Section At the date, time and place seti forth in the notice of public hearing, the planning commission shall conduct the public hearing and shall entertain all relevant evidence and objections presented. The technical rules of evidence shall not apply. At1 the conclusion of the public hearing, the planning 6. The decision of the planning commission shall be appealable to the city council byt filing a notice of appeal with the city clerk within fifteen (15) days oft the date of the decision. The notice of appeal shall  (10) days prior tot the! hearing. may be amended. Section 65091, as may be amended. 65094, as may be amended.  commission shall render its decision.  Created: 2023-05-04: 14:37:43 [EST]  (Supp. No.8 8)  Page 13 of14    specify the grounds fori filing an appeal and shall bea accompanied by any applicable fee established by 7. Within fifteen (15) days of the city clerk's receipt of a completed notice of appeal and payment of any required fees, the appeal shall be: set for al hearing before the city council. Notice oft thel hearing shall ber mailed or delivered, atl least ten (10) calendar days prior to the hearing, to thep persons specifiedi in subsection (B)(2). The notice shall also be published and posted in accordance withs subsection (B)(3). 8. Thel hearing shall be conducted within forty-five (45) days of the city clerk's receipt of the completed 9. At the date, time and places set forth int the notice, the city council shall conduct the public hearing and shall entertain all relevant evidence and objections presented. The technical rules of evidence shall not apply. At the conclusion of the public hearing, the city council shall render its decision. 10. The city council's decision shall constitute at final administrative decision, while shall be: subject to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6 within ninety (90)  resolution of the city council to cover the costs of processing the appeal.  appeal and payment ofa any required fees.  calendar days of the date of the decision.  (Ord. No. 448,53,6-19-2018)  Created: 2023-05-04 14:37:43 [EST]  (Supp. No. 8)  Page 14 of14    Chapter 17.08 R-1 INGLE-FAMILYZONE  Sections:  17.08.010 Applicability. otherwise provided in this title. (Ord. 199 (part), 1985). 17.08.020 Permitted uses.  The regulations set forth in this chapter shall apply ini the R-1 Single-Family zone unless  Uses permitted in any type ofF R-1 zone are as follows:  (1) One-family dwellings, subject to the provisions of Section 17.50.130.  B. The accessory buildings and structures necessary to such use. located on the same lot or C. Urban Two-Unit Development within single-family residential zone subject to the provisions of17.50.130 Single Family dwellings and Manufactured homes- Developmem/ar-hictuna standards and 17.50. 190 Urban Two-Unit Development. D. Home occupation permits subject to approval as per section 17.50.160 - Home  parcel of land including a private garage.  Occupation Permits. feet to street line; F.  E. One (1) sign of not to exceed four (4) square feet in area advertising the premises for sale, lease or rent, located not nearer than ten (10) feet to adjoining premises, nor nearer than five (5)  One (1) temporary sign ofnot to exceed six (6) square feet in area giving the name oft the  contractors, engineers and architects during the construction period;  G. Agricultural and horticultural uses for domestic purposes, including nurseries, greenhouses, orchards or the raising of field crops, tree crops, berry or bush crops, or vegetable H. Domesticated dogs or domesticated cats only shall be allowed to be maintained in the exterior (outside) portions ofthe dwellings, accessory buildings and detached structures as defined in subsections A through C, inclusive, ofthis section, and as to the presence of any domesticated dog(s) or domesticated cat(s) within the exterior portion ofs such buildings as described in subsections A through C, all other ordinances, including, but not limited to, leash law restrictions, will apply to such use/activity. Other domesticated animals, domesticated fish and domesticated birds shall be permitted, but only sO long as they collectively total not more than twelve (12) and are: maintained solely and exclusively at all times within the interior portion oft the single-family dwelling described in subsection A, B, and C. Under no circumstances, however, shall poultry, whether in the form ofhens, roosters, turkeys or other farm fowl or farm animal be maintained as aj permitted use in an R-1 Singel-family dwelling zone;  or flower gardening;  I.  RESERVED.    J.  Additional uses may be permitted by the planning commission according to the K. Mobile homes certified (Manufactured Homes).manulactured ten (10): years or less, under the National Mobile Home Construction Safety Act of1974 (42 U.S.C. Section 5401 et seq.) onap permanent foundation system pursuant to Section 18551 of the Health and Safety Code  provisions of Chapter 17.56, Conditional Use Permits.  and subject to the provisions of Section 17.50.131 ofthis chapter;  L.  RESERVED. M. Transitional housing; N. Supportive housing; O. Residential care facilities; Employee housing.  P.  Q. Neighborhood serving commercial uses within single family residential zones subject to approval per Section 17.50.180 - Neighborhood Serving Commercial Uses. R. Cottage Food Operations subject to approval per Section 17.50.170 Cottage Food  Operations.  S. Single Room Occupancy Units.  17.08.029. Lot size in R-1 Single-Family Zone:  Thet typical lot size may range from 4.356 to 10.000 square feet permitting up to4to1 10  dwelling units per acre. 17.08.030 Height limitation.  The maximum height for buildings in any type ofR-1 zone shall be two and one-half(24a)  stories and not to exceed thirty-five (35) feet.  (Ord. 199 (part), 1985).  17.08.040 Front yard requirements.  A. In any type of R-1 zone, there shall be a front yard ofnot less than twenty (20): feet. Where lots comprising forty percent (40%) or more of the frontage on one (1)s side ofa a street between intersecting streets are developed with buildings having an average front yard with a variation oft not more than ten (10) feet, no building erected or structurally altered after the effective date of the ordinance codified in this title shall project beyond the average front yard line sO established. In determining such front yard depth, buildings located more than thirty-five (35) feet from the front property line or buildings facing a side street on a corner lot shall not be B. In any type ofR-1 zone, the front yard shall be measured from the front property line except that where there is an official plan line or a future street line, the front yard shall be measured from such official plan line or future street line; provided, however, that along any  counted.    secondary highway, as designated' by the city's highway plan, ai minimum setback of fifty-five  (55) feet from the centerline ofthel highway shall be required.  (Ord. 199 (part), 1985). (Ord. No. 376, 2008).  17.08.050 Side yard requirements.  In any type ofR-1 zone, there shall be a side yard on each side of a main building of not less than five (5) feet, except that on1 the street side of corner lots there shall be a side yard ofr not less  than ten (10) feet. (Ord. 199 (part), 1985).  17.08.060 Rear yard requirements.  In any type ofR-1 zone, there shall be ai rear yard behind every main building ofr not less than ten  (10): feet. (Ord. 199 (part), 1985). 17.08.070 -RESERVED. 17.08.080- RESERVED. 17.08.090 - RESERVED.    Title 17-ZONING*  Chapter 17.08R R-1ONE-FAMILY DWELLING: ZONE*  17.08.100 RESERVED.  17.08.110 Required distance between buildings on same lot. used for dwelling purposes and an accessory building.  A. In any type of] R-1 zone, there shall be ai minimum distance of five (5): feet between al building B. In any type of R-1 zone, there shall be ai minimum distance of five (5) feet between accessory  buildings. (Ord. 199 (part), 1985). 17.08.120- - RESERVED.  Arvin, California, Code of Ordinances (Supp. No.8 8)  Created: 2023-05-04 14:37:37 [EST]  Page 40 of4    ARVIN  CITY OF ARVIN Planning Commission Meeting Date: December172024  TO: FROM:  Arvin City Planning Commission Isaiah Medina, Assistant Planner Jeffrey Jones, City Manager/Finance Director Jake Raper, Project Coordinator/Planning Consultant  SUBJECT: Public Hearing - Site Development Permit 2024-ArvinCSD Solar Array- Construction ofa 6.84 Acre Rotating Ground Mounted Solar Array on a portion of APN 189-353- 07 and underground utility connections on Portions of APN 189-353-06 and -07 to existing water wells located on APN 189-353-09, Water Well Site No. 11 (west side of Meyer Street) and APN 189-353-08, Water Well Site No. 16 (the north side ofMillux Drive)owned by Arvin Community Services District and Adoption of an Exemption For The Conditional Use Permit and Site Development Permit Pursuant California Environmental Quality Act Guidelines Section 15304 Minor Alterations to Land and 15329 Cogeneration Projects at Existing Facilities. RECOMMENDATION- PLANNING COMMISSION ACTION:  Staff, based upon the project review, the results of consultation with the various agencies, and CEQA determination ofal Notice of Exemption, recommend that the Planning Commission adopt the following: Adopt Resolution oft thel Planning Commission of the City of Arvin Conditionally Approving Site Development Permit 2024-ArvinCSD Rotating Ground Mounted Solar Array Construction ofa 6.84. Acre Ground Mounted Solar Array on aj portion of APN 189-353-07 and underground utility connections on Portions of APN 189-353-06 and -07 to existing water wells located on APN 189-353-09, Water Well Site No. 11 (west side ofMeyer Street) and APN 189-353-08, Water Well Site No. 16 (the north side ofMillux Drive) owned by Arvin Community Services District and Adoption ofan) Exemption For The Conditional Use Permit and Site Development Permit Pursuant California Environmental Quality Act Guidelines Section 15304 Minor Alterations to Land and 15329 Cogeneration Projects at Existing Facilities.  Agent: Kenny Davis Sr. Project Manager 1651 Response Road Suite #300 Sacramento, CA95815  Applicant Raul Barraza, Jr., General Manager Arvin Community Services District 309 Campus Drive -Arvin, CA 93203  Property Owner: Successor Agency to the City of Arvin Redevelopment Agency 200 Campus Drive Arvin, CA 932023 Jeffrey Jones  Project Address: Project Location: Assessor Parcel No. and' Size:  Not Assigned  The ground mounted solar array and easements generally located at the southwest corner of Celestial Way, Meyer Street, and Millux Drive Portions of APN's 189-353-06 and -07 - 6.84. Acres  PCI Meeting December 172 2024 SDP2024-ArvinCSD Rotating Ground Mounted Solar Array and Easements Page 1 of16    Project Description:  Arvin Community Service District is requesting zoning and development, Conditional Use Permit and Site Development, approval for the construction of] Rotating Ground Mounted Solar Array on aj portion ofAPN 189-353-07 in al R-1 Single Family Residential Zone district. In addition, the Arvin CSDi is requesting underground easements along the west side of Meyer Street, along the UN-NAMED ROAD from the westerly side oft the project tol Meyer Street, and along the north side ofMillux Road. The underground easement will allow the extension ofe electrical service from the solar array to existing water well sites, APN 189-353-09 which is developed with' Well Site No. 11 (west side ofl Meyer Street) and APN 189-353-08 which is developed with Well Site No. 16 (the north side ofMillux Drive) owned and operated by Arvin CSD. The rotating ground mounted solar array area is approximately 6.84 acres ofthe 52.77 Acres of APN 189-353-07. and is generally located  at the southwest corner of Celestial Way and Meyer Street.  Portions of APN's 189-353-06 and -07 are used for the] proposed project- - Ground Mounted Solar Array  Yellow Highlight Represents thel location oft the ground mounted solar array, and the red! highlight represents the location of the  underground electrical conduit servicing the two existing water wells  189-35  T.31S. R.29E. O18.SAC  189-35 N & I &  (62  ac 01 Rc e sBe &e BAc  (35J) LEGENDSUBD KEY REVISED JURISDICTION  (354) DISCLAIMER  ASSESSORS MAP NO. 189-35 COUNTY OF KERN  PC Meeting December 172024 SDP2024-ArvinCSD Rotating Ground Mounted Solar Array and Easements Page 2 of16    Aerial Representation of and Location fort the Rotating Ground Mounted Solar Array (Southeast Corner of Celestial Way and Meyer Street)- Underground electrical conduit tos servicet two existing Well Sites, No.s 11 and 16 Southerly along Meyer Street  and easterly along Millux Drive.  1058     The rotating ground mounted solar array panels will have a maximum height of9-1" from ground level as shown on thel Racking Detail. The solar panels will bej positioned in and rotating in an easterly and westerly direction. The  solar panel rows are spaced a minimum of1 10'-0" from each other.  Rotating Ground Mounted Solar Array  SINGLE AXIS TRACKER RACKING SYSTEM BY SOLAR FLEX RACK. SEE MANUFACTURER DRAWINGS FOR ADDITIONAL DETAILS IYPICAL TABLE SIZE MODULES PORTRAIT RACKING DIMENSIONS SHOWN ARE TYPICAL FOR FLAT GRADE. DIMENSIONS SLOPES EXIST. MAY VARY WHERE  10'-0" PV MODULES ROTATION MECHANISM DRIVEN PIER  55 (MAX). 52, OR 78 MODULES WIDE  (TYPICAL WHEN ON FLAT GROUND)  3-0*(MIN)  RACKING DETAIL SCALE: NONE  PCI Meeting December 17 2024 SDP2024-ArvincsSD Rotating Ground Mounted Solar Array and Easements Page 3 of16    Typical Elevations of Solar Array  BACKGROUND Land Ownership and Uses:  The Successor Agency to the City of Arvin Redevelopment Agency is the owner of APN's 189-353-06 and -07 and the Arvin Community Services District is the owner of APN 189-353-09 which is developed with Well Site No. 11 (west side of Meyer Street) and APN 189-353-08 which is developed with Well Site No. 16 The City of Arvin utilizes portions of APN's 189-353-06 and -07: for land area for wastewater discharge. The Arvin Community Services District has developed APN's 189-353-08 and-09 as water well sites. Proposed Activity Requested by Arvin Community Services District (CSD):  (the north side of Millux Drive).  The Arvin Community Services District (CSD) has proposed the use of portions ofA APN's 189-353-06 and -07 for the development ofarotating ground-mounted. solar array and easements for underground electrical conduit to water wells Arvin CSD and the City ofArvin Redevelopment Agency have entered into a Solarl Land Lease which provides Arvin CSD a two-year period in which to gain zoning and development clearance and to do their due diligence for the viability to utilize the site for the ground mounted solar array. The ground mounted solar array is intended to provide alternative energy sources: fort the operation oft thet two existing water wells. The City of Arvin] Redevelopment. Agency and Arvin Community Services District have also entered into Two Easement Agreements. The agreements between the City of Arvin Redevelopment Agency and Arvin Community Services District have a term lease of30 years with two additional 5-year extensions for a total term of 40 years. The agreements between the City of Arvin Redevelopment Agency and Arvin Community Services District (CSD) are on file with the City of Arvin ENTITLEMENT REQUIREMENT PRIOR TO USE OF THE LANDS FOR THE ROTATING GROUND  No. 11 and 16.  KedevelopmentAgeney,  MOUNTED SOLAR ARRAY AND EASEMENTS: Sitel Development Permit and Conditional Use Permit Required:  Prior to development, Arvin CSD must receive zoning and development approval from the City of Arvin. The Planning Commission will have considered and approved a conditional use permit to allow the rotating ground mounted solar array and easements in the. R-1 Single Family Zone on December 17, 2024 prior to the consideration PCI Meeting December 172024 SDP2024-ArvinCSD Rotating Ground Mounted Solar Array and Easements Page 4 of16    oft the Site Development Permit. The approval oft the conditional use permit allows the City and Applicant to apply for and process as site development permit as is required by' Title 17 Zoning, Chapter 17.60 Sitel Development Permits, Attachment #1 and the project, ifa approved, must meet the minimum development improvements as required by Chapter 17.70 Site Development Standards, Attachment#2. Itisnoted that there willl bes some duplication ofa analysis in the Conditional Use Permit report and the Site Development Permit report as well as some duplication ofp proposed Thej project site, portions of APN's189.353-06. and -07 used for the proposed project, have a General Plan Land Use  conditions of approval.  General Plan Land Use Designation and Zoning Classification of] Project Site: Designation ofLow Density Residential and are: zoned R-1 Single Family.  Land Use Diagram - Legend and Project Designation  Zoning Map- -Legend and Project Zoning Classification EArvin Sphere of influence arvin CIty Limits City of Arvin Zoning C-1 A1 - Light Limited Agriculture c-2 Commercial c-o- Professional OFfice M-1 Limited Manufacturing M-2 M-3 uight General Monufacturing o-5 open Space Manutacturins ETTTE-1 E-2 Estate E-3 Estate R-S R-1 Residential Single-Family Suburban R-2 Two Family Dwelling Dwelling R-3 Limited Family Dwelling R-4 Multiple Famlly Dwelling Public Facility SCH School mvo mixed Use overiay PUD Planned Unit Development  Arvin Sphere of Influence (hand Use Conce JArvin City Limits General Plan Land Use Designation RR Residential Reserve ER- Estate Residential LDR Low Density Residential MLDR Medium Low Density Residential MDR Medium Density Residential HDR High Density Residential IGC General Commercial LI Light Industrial HI Heavy Industrial AG Agriculture P. Park IPF Public Facility S School  EVI M  Project Location:  Thej project, ground-mounted solar array, proposes to use portions ofAPN's1 189-353-06: and-07. The upper northwest corner of APN 189-353-07 is proposed location oft the ground mounted solar array. The ground mounted solar array area is approximately 6.84 acres of the 52.77 Acres of APN 189-353-07 and is generally located at the southwest corner of Celestial Way andl Meyer Street. The rotating ground-mounted solar area is to provide electrical service to two existing Arvin Community Services District water well sites, Well Site No. 11 located on APN 189-353-09, on the west side of Meyer Street and Well Site No. 16 located on APN 189-353-08 on the north side of Millux Drive. The two water well sites are to be serviced with underground electrical conduits from the rotating ground-mounted solar array. The underground electrical conduits run in a southerly direction from the solar array along the west side ofMeyer Street to Well Sitel No. 11,APN 189-353-09, and then continue southerly tot thei intersection ofl Millux Drive and Meyer Street. At the intersection of Meyer Street and Millux Drive, the underground electrical conduit then PC Meeting December 172 2024 SDP2024-ArvinCSD Rotating Ground Mounted Solar Array and Easements Page 5of16    extends westerly along the north side of Millux Drive, northerly portions of APN's 189-353-06 and -07, to service  Water Well Site No. 16, APN 189-353-08.  $B050'15E  SEC W1/4COR- 3531/29  FUTURE 60 FT WIDE ROAD- EASEMENT (CELESTIAL WAY) N89'51'08"E 763,22" NOC"OB'SIE 132,00' BI  31/29  No.C-k3042 Exp. 12-31-23 a 27 CIVIL OFCALIFS BASIS OE BEARINGS: THE BEARING OF SOUTH 89*51'25" EAST SHOWN FORT THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, T.31S., M.D.M., ONT THE MAP 7-1, BOOK 6OFE FILED MAPS AT PAGE 92, IN THE OFFICE OF THB KERN COUNTY SURVEYOR, STATE OF CALIPORNIA, WAS USED AS THE BASIS OF SDRACEr OL WELL: DRY HOLE NEVER PRODUCED. ABANDONED SEPTEMBER B, 1959 BY UNION On. COMPANY OF (API NO. 0402914678) LINE TABLE  PER TRACT 5616-10B  N875242E 319.76 N8752'457 $8951'09E 399.03 PER TRACT 5816-12- PER TRACT 5816-12-  SEE HEREON- NOTE  ON THIS MAP,  TRUE POINT OF- BEGINNING  1/16 SECTION UNE  SW COR- SEC 35 31/29 SOLAR FIELD SITE  £1 MILLUX ROAD-  S89'51'25'E  S1/4 COR SBC 36 31/29 EXHIBIT "A1"  OWNER: crry OF ARVIN APN: 189-353-07 PARCEL ACREAGE: 52.77 PERMANENT SOLAR FIELD SIE ACREAGE: 6.84 C  JASPAR  ARVIN COMMUNITY SERVICES DISTRICT  ACCISSTOPROFOSED PROJECT:  The project, ground-mounted: solararray, proposes to use portionsofAPN'sl 189-353-06 and-07. Thel uppernorthwest corner of APN 189-353-07 is proposed location of the rotating ground mounted solar array. The ground mounted solar array area is approximately 6.84 acres of the 52.77 Acres of APN 189-353-07 and is generally located at the  southwest corner of Celestial Way and Meyer Street.  PCI Meeting December 17 2024 SDP2 2024-ArvinçSD Rotating Ground Mounted Solar Array and Easements Page 6of16    Arvin CSD Solar Proejct SrvaVv.  Legend  Arvin CSD Solar Proejct  Legend ncmwaDeia  De owwrRA.uaN Soenne fbnen EICarinoRaE EbrererySchss Strsetw  Gocgletartb  GoogleEarth  Celestial Way looking East from Rayo Dell Lunal Drive EI Camino Celestial Way looking West to Rayo Del Lunal Drive.  Real Elementary School is on the left in the foreground.  PCI Meeting December 1720ASDP202+AmlNCsD Rotating Ground Mounted Solar Array and Easements Page 7 of16    CVS  Primary Access to the Solar Array is from UN-NAMED ROAD west of Meyer Street  The project is surrounded by unimproved: road systems as illustrated by the Aerial Street View photograph. The 6.84-acre Ground Mounted Solar Array and underground electrical conduit are highlighted inj purple. The Solar 1. Celestial Way classifiedasaLocal: Street, is an east-west: road andi is located north ofthe project site. Celestial Way improved curb, gutter and sidewalk dead ends at Rayo Del Luna Drive. Celestial Way is to bei improved PCI Meeting December 1720ADP202HAMICSD Rotating Ground Mounted Solar. Array and Easements Page 8 of16  Array site is surrounded by unimproved infrastructure and road improvements.    from Rayo Del Luna Drive tol Meyer Street.  2. Meyer Street classified as a Collector, is ai north-south street which is located on the westerly boundary oft the project site and toi the east ofMeyer Street is a 160-acre site thati is zoned R-1 Single Family Residential. Both parcels are vacant. In addition, the underground electrical conduit extends southerly from Celestial Way along the westerly side of Meyer Street to Millux Drive. The underground electrical conduit system from the Solar Array will connect to Well Sitel No. 11,APN 189-353-09, locâted ont the west side of] Meyer Street, then 3. The easterly boundary oft the Solar Array is bounded by an unimproved Rayo Del Lal Luna Drive andi is classified as al Local Street. The Rayo Del La Luna Drive is ai north-south street, will eventually be extended 4. Millux Drive, classified as al Minor Arterial. is an east-west street that! has thej proposed underground electrical conduit on the north side of Millux Drive from the intersection of Meyer Street and Millux Drive, the underground electrical conduit then extends westerly along the north side of Millux Drive, on portions of 5. The southerly boundary of the Solar Array site is an UN-NAMED ROAD: and unimproved road which is to The circulation system is an important discussion in as much as the Arvin Community Services District has entered Solar Power Land Lease, Agreement No. 2023-17, and Easement Agreements, Agreement No. 2023-18 and Agreement No. 2023-19, with the Successor Agency to the City of Arvin Redevelopment Agency, for aj period of30 years with an option to extend the lease for up to two (2) successive terms of Due to the term of the agreement, up to 40 years, the burden of immediate and future street and infrastructure improvements are being recommended to be the responsibility of the Arvin Community Services District. The lease agreement will delay, up to 40: years, the development ofthe zoned: residential Staff are recommending the following conditions of approval relating to immediate and future street and 1. Celestial Way, a Local Street classification, shall match the width of the existing street improvements to the west, tol be improved to city standards from Rayo DeLal Luna Drive tol Meyer Street. The south side of the Celestial Way improvements include decorative fencing, a masonry wall with landscaping and irrigation, and street lighting. No concertina wire or barb wire or wiring that could cause physical damage on top oft the decorative wall. The project is adjacent to and is on the south side of the El Camino Real Elementary School. To be completed prior to final inspection by the Building Division OR security and timing ofimprovements as approved byt the City Engineer. 2. Meyer Street, a Collector, Arvin Community Services District shall be responsible for the improvement of one-half (Va) street width to city standards. The street to be improved upon the development of the property on the west side of Meyer Street. Improvements include decorative fencing, a masonry wall with landscaping and irrigation, and street lighting. No concertina wire or barb wire or wiring that could cause physical damage on top ofthe decorative wall. The Solar Array development shall not encroach into the 110'-0" road easement. However, Meyer Street, PCI Meeting December 172B245DP202+Amiacsp Rotating Ground Mounted! Solar Array and Easements Page 9of16  continue southerly to Millux Drive.  to connect tot the UN-NAME ROAD which is an east-west road.  APN's189353-06 and -07, to service Water Well Site No. 16, APN 189-353-08.  bec classified as al Local Street.  five (5)years each, for a potential lease term offorty (40) years.  lands, ifever.  infrastructure improvements.    unimproved street, shall be improved in the interim to a standard approved by the City Engineer  to attain accessibility for emergency vehicles.  3. Rayo Del La Luna Drive, aLocal Street, which is ai north-south street, Arvin Community Services District to improve one-half (Ya) street width to city standards to be improved upon the development oft the property on the east side of Solar Array project site from Celestial Way to the UN-NAMED ROAD to the south. The Ray De La Luna Drive, ifutilized, shall be improved in the interim to a standard approved by the City Engineer to attain accessibility for emergency  vehicles.  4. UN-NAMED ROAD, a Local Street, which is an east-west street, on the south side of the Solar Array, Arvin Community Services District shall improve one-half (V) street width to city standards. To be improved upon the development oft the property on the south side of Solar Array project site from Meyer Street to the westerly boundary ofthe Solar. Array site. The UN-NAMED ROAD shall be improved in the interim to a standard approved by the City Engineer to attain  accessibility for emergency vehicles. Landscaping and Irrigation Design:  The Arvin Community Services District shall be required to maintain the landscaping and irrigation systems and lighting along the Celestial Way, Meyer Street, UN-NAMED ROAD for the length oft the lease agreements between City of Arvin Redevelopment Agency and Arvin Community Services  District.  PC Meeting December 20A5DP2U2HAPICSD Rotating Ground Mounted Solar Array and Easements Page 10 of16    ROW  VARES PUE  SIDEWALK  SIDEWALK (SEE PLATE R2)  MEDIAN CURB DETAILO  S- STRAIGHT UNE SLOPE (MIN. 2%, MAX. 4%) FULL WIDTH STREET TYPE C  ROW  PUE  SIDEWALK (SEE PLATE R2)  NATIVE  s- STRAIGHT UNE SLOPE (MIN. 2%, MAX. 4%) FULL WIDTH STREET TYPE G  VARIES  SLOPE VARIES EASEMENT 11-FT. NON-ACCESS STRIP (TVP) SLOPE (MP)  0.5" RADIUS (MP) e  ey  SIDEWALK (SEE PLATE R2) STREET CLASSIFICATION MAJOR MAJOR COLLECTOR LOCAL LOCAL  NATIVE STREET ROW TYPE (FT.) FV) (FV.) B 90 10 B 60 10 B 50  CLASS8 CONCRETE CURB  ROAD SECTION PERF PLAN  S STRAIGHT UNE SLOPE (MIN. 2% MAX. PART WIDTH STREET TYPE  MEDIAN CURB DETAILO T.I. AC. AB SEE STANDARD R2 PUE (IN.) (IN.) CURB GUTTER & SIDEWALKS (FT.)  (FT.)  A, B 110 10 36 9 45 90 9.0 4 8 TYPE "A" TYPE 1, 2,3 o A, B 146 10 54 9 63 126 0.0 4 8 TYPE "A" TYPE 1, 2,3 o  35 70 7.0 3 6 TYPE "A" TYPE 1, 2,3 o 4.75 2 4 TYPE "A" TYPE 1  20 18  6 6  4.75 2  TYPE "A" TYPE 1  * 12" SECTION NATIVE MATERIAL COMPACTED TO 95% RELATIVE COMPACTION.  NOTE: TYPICAL STREET SECTIONS AS SHOWN MAY BE REMSED PER REQUIREMENTS OF THE PREUMINARY SOILS REPORT. PUE-PUBLIC UTUTY EASEMENT AC-ASPHALT CONCRETE AB-AGGREGATE BASE T.L-TRAFFIC INDEX ROW-RIGHT OF WAY  RESOLUTION # 02-43  CITY OF ARMN SIREET SECTIONS  PLATE R1  *uRy CITY ENGINEER  REMSED: JAN. 2008  BY: JPB  ENVIRONMENTAL REVIEW. - CEQA DETERMINATION:  The Conditional Use Permit for the establishment of a ground mounted solar array in the land zoned R-1 Single Family Residential and the Site Development Permit conditional approval that will provide alternative energy for the servicing two existing water wells owned and operated by Arvin Community Services District is Categorically Exempt per (CEQA) Environmental Quality Act Guidelines, Section 15304 Minor Alterations to Land and Section 5329 Cogeneration Projects at Existing Facilities. The city is recommending the Arvin Planning Commission accept and approve the Notice of Exemption as the PCI Meeting December 1720ASDP202+AmNCsD Rotating Ground Mounted Solar Array and Easements Page 11 of16    appropriate CEQA document for the project. Upon approval of the Conditional Use Permit and Site Development Permit the Notice of Exemption tol be filed with the Kern County Assessor's Office and the PUBLIC HEAING NOTICE, POSTING OF ON-SITE NOTICE, AND NOTICE TOTHE A public hearing or the consideration of a Conditional Use Permit and Site Development Permit is required by Title 17 Zoning. Therefore, the public hearing is required to provide notice 10 days prior to the public hearing date. The public hearing notice was posted on Friday December 6, 2024 at the following designated places for posting of public notices: (1) Arvin City Hall/City Council Chambers; (2). Arvin Police Department; and (3)Community Development Department; (4) City of Arvin's website at www.arvin.org; providing a 10-day review, in accordance with Government Code Sections 36933, 65854, and 65090. As required by the lease agreement, in addition to posting the project site of the Planning Commission hearing, the City Clerk'soffice: mailed a public hearing notice to allj property owners within the 300-foot radius ofthe project site, as well asi representatives as required by the Lease. Agreement, Section 6.101 Notices oft the public hearing for consideration of establishing a solar array within R-1 Single Family Zoned lands. The project applicant placed two on-site signs advertising the Planning Commission meeting public hearing ofDecember 17,2024, for the Conditional Use Permit to establish a Solar Array in an R-1 Single Family Zone and for the Site Development Permit for the Solar Array development. One sign wasi installed at thes southeast comerofCelestial Way and Rayo del lal Luna Drive and one: signi installed  State of California CEQA Exempt portal. SURROUNDING PROPERTIES  at the southwest corner of] Meyers Street and Celestial Way.  NOTICE OF PENDING PROJECT APPROVALAND DEVELOPMENT Conditiona Use Permit 2024-Solar. Array and Site Development Permit- - Arvin CSD: Solar Array  APPLICANT: Arvin Community Service District  DESCRIPTION: Conditional Use Permit Allowing Solar Arrayi in an R-1 Single Family Zone District and Site Development Permit Permitting the Development ofa Solar Array to Service existing water wells along Meyers Street and Millux Road.  PUBLIC HEARING BEFORE PLANNING COMMISSION FOR MORE INFORMATON CONTACT ARVIN PLANNING DIVISION, 141 Plumtree Drive, Arvin, CAS 93230 PROJECT COORDIANTOR: Isaiahl Medina, Planner; Email: medina@arvin.org and  Date of Public Hearing: December 17, 2024  Time: 6:00 PM  Location of Meeting: 200 Campus Drive, Arvin, CA 93203 - City Council Chambers  Telephone Contact: (559)359-7322  PC Meeting December 1720ASDP202HAPNCSD Rotating Ground Mounted Solar Array and Easements Page 12 of16    ON-SITE SIGNS POSTED  Sign posted at the corner of Meyer and Celestial  Sign posted at1 the corner of Celestial and Rayo del la  Luna  FISCALIMPACT:  The application iss subject to the City Councils policy ofFull Cost Recovery for development projects. The applicant has deposited funds that will be used to off-set the processing of the application(s): 1 therefore no fiscal impacti is associated withi thej processingofthes application. Upon action by thel Planning Commission, the applicant will be required to deposit funds to offset the monitoring of and to ensure compliance with Thej project willl have a fiscal impact upon the City'sability toi fund Parks and] Recreational facilities, Traffic improvements, Police, and Sewer. The project will be removing 6.84 acres of residential land from the city's land inventory for residential purposes. The City has established impact fees for Police, Parks, The project sitel has al land use designation ofLow Density Residential which has the development potential of a Maximum Density: 4 units to 10 units per acre. The Low-Density Residential land use designation allows traditional single-family homes in the City of Arvin with four to ten dwelling units per acre. Typical parcel sizes may range from 4,3561 to 10,890 square feet. This type ofuse is recognized as the backbone ofthe community and is thel largest land use designation in the city. Residences in this category consist generally of single-family detached houses with private yards. Primary access must be from secondary school, collector and local streets. Access from major streets or major highways should be considered only when special design features are: included. The typical zoning designation is R-1. In addition, state law now: mandates that all single-family lands may be developed with two (2) single family units and may accessory dwelling and junior Based on the established land use density, the following tablei illustrates an estimated loss ofrevenue to the City of Arvin as ai result ofthe proposed Rotating Ground Mounted Solar Array on 6.84Acres.  any conditions that are imposed on the project.  Sewer, and Traffic.  accessory dwelling unit may be developed by right.  PC Meeting December 172 20245DP202-+-AnincsD Rotating Ground Mounted Solar Array and Easements Page 13 of16    Impact Fee Estimates based on the 2018 Development Impact Fee  IMPACT2018  6.84 Acre at 4t to 10 units per net acre = 271 to 68 Single Family Residential Units  Type of Land Use 2018 Impact Fees Single Family Dwelling  Water-Arvin Community Services District) (661)854-2127*  Schools (661) 854-6500*  Police  Parks Sewer  Traffic  $150.00 $3,565.00 4,400/unit $3,942.84/unit Please contact the  Please contact district  /unit  Per unit  ACSD for Clearance the school and Current Fees $325,566 to $818.994  2018 Impact Fees Loss due to utilization of lands for other use rather than residential development  $4,050up $96,255 to$10,200 to  $118,800 $106,461 to to $299,200 $268,124  $242,420  The proposed project results in an estimated loss of revenue from $325,566 to $818,994.  Staff Recommendation relating to Fiscal Impact: Staff recommend that the Arvin Community Services District pay the estimate loss ofr revenue to the city in the amount of the average of the low  income loss and high income loss of $572,280.00. STAFF REVIEW AND FINDINGS:  Planning Staff has reviewed the proposed project and the preliminary submittals and based upon the information provided by the applicant and comments received, Staffbelieves that the findings as is required by Chapter 17.60 Site Development Permit, Section 17.60.040 Application - Criteria for Review; and upon implementation ofChapter 17.70 Site Development Standards, may be made. The following findings are included in the proposed Planning Commission Resolution recommending "The Site Development Permit Application for SDP 2024-ArvinçSD Rotating Ground Mounted Solar Array and Easements may be conditionally approved by the Planning Commission based upon the a. The project is conditioned and must comply with all applicable laws and ordinances.  conditional approval:  following:  b. Thej project will be in compliance with all applicable city policies duly adopted by a majority vote C. Thej project will be in conformance to the latest accepted planning and engineering standards covering the following areas: site layout, setbacks, easements, landscaping, water and sewer service and other utilities, surface drainage and erosion control, fire protection, access, traffic circulation and d. The conditional approval of SDP 2024-ArvinCSD Rotating Ground Mounted Solar Array and PCI Meeting December 172 2024SDP202ArimcsD Rotating Ground Mounted Solar Array and Easements Page 14 of16  oft the planning commission or the city council; and  parking.    Easements the Planning Commission finds that under the circumstances oft this application, the proposed use and/or buildings will not be detrimental to the health, safety, peace, morals, comfort or general e. The applicant will be required toj pay all fees associated with the processing of the application and fori its cost ofall reviews and implementation by City Staff, the City'sc consultants, as well as all costs f. Thej project will be required to implement all applicable development standards as established by Chapter 17.70 Site Development Standards and those conditions as required by Planning Commission  welfare of persons residing or working in the neighborhood.  associated with the on-site and off-site improvements.  action."  APPEAL OF ACTION TO THE CITY OF ARVIN CITY COUNCIL: calendar days oft the dated action of the City of Arvin Planning Commission.  The applicant may appeal against the City of Arvin's Planning Commission action to the City Council. Said appeal and payment oft the appeal fee as established by the City Council must occur within ten (10)  EXHIBITS. AND ATTACHMENTS  Resolution of the Planning Commission of the City of Arvin Conditionally Approving Site Development Permit 2024-ArvinCSD Rotating Ground Mounted Solar Array Construction ofa6.84. Acre Ground Mounted Solar Array on aj portion of APN 189-353-07 and underground utility connections on Portions of APN 189-353-06 and -07 to existing water wells located on APN 189-353-09, Water Well Site No. 11 (west side of Meyer Street) and APN 189-353-08, Water Well Sitel No. 16 (the north side ofMillux Drive) owned by Arvin Community Services District and Adoption of an Exemption For The Conditional Use Permit and Site Development Permit Pursuant California Environmental Quality Act Guidelines Section 15304 Minor. Alterations to Land and 15329 Cogeneration Projects  at Existing Facilities. Attachments:  Exhibit A - Conditions of Approval  Attachment No. 1- Chapter 17.60 Site Development Permits Attachment No. 2- Chapter 17.70 Site Development Standards  Notice of Exemption  END OF REPORT.  PCI Meeting December 1720ASDP2024AniaCsD Rotating Ground Mounted Solar Array and Easements Page 15of16    PCI Meeting December 17: 2024 SDP2024-ArvinCSD Rotating Ground Mounted Solar Array and Easements Page 16of16    RESOLUTION NO. 2024-XX  SITE DEVELOPMENT PERMIT 2024-ARVIN CSD ROTATING GROUND MOUNTED SOLAR ARRAY  A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARVIN CONDITIONALLY APPROVING SITE DEVELOPMENT PERMIT 2024-ARVIN CSD ROTATING GROUND MOUNTED SOLAR ARRAY- CONSTRUCTION OF A 6.84. ACRE GROUND MOUNTED SOLAR. ARRAY ON. A PORTION OF APN 189-353-07. AND UNDERGROUND UTILITY CONNECTIONS ON PORTIONS OF APN 189-353-06 AND -07 TO EXISTING WATER WELLSLOCATED ON APN 189-353-09, WATER WELL SITE NO. 11 (WEST SIDE OF MEYER STREET) AND APN 189-353-08, WATER WELL: SITE NO. 16 (THE NORTH SIDE OF MILLUX DRIVE) OWNED BY ARVIN COMMUNITY SERVICES DISTRICT AND ADOPTION OF AN EXEMPTION. FOR THE CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PERMIT PURSUANT CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15304 MINOR ALTERATIONS TOLAND AND 15329 COGENERATION PROJECTS AT EXISTING FACILITIES. WHEREAS, the Arvin Community Services District has submitted applications, Conditional Use Permit and Site Development Permit for the development of a rotating ground-mounted solar array and  easements utilizing portions of APN's1 189-353-06 and -07; and  WHEREAS, The Successor Agency to the City of Arvin Redevelopment Agency is the owner of APN's 189-353-06 and -07 and the Arvin Community Services District ist the owner of APN 189-353-09 which is developed with Well Site No. 11 (west side of Meyer Street) and APN 189-353-  08 which is developed with Well Site No. 16 (the north side ofl Millux Drive); and  WHEREAS, Arvin CSD and the City of Arvin Redevelopment Agency have entered into a Solar Land Lease with an optional period of two years to gain clearance and due their due diligence for the viability to utilize the site for the ground mounted solar array which isi intended to provide alternative energy source for the operation of the two existing water wells. City of Arvin Redevelopment Agency and Arvin Community Services District have also entered into Two  Easement Agreements; and  WHEREAS, The City of Arvin Redevelopment Agency and Arvin Community Services District WHEREAS, The agreements between the City of Arvin Redevelopment Agency and Arvin Community Services District have ai term lease of 30 years with two additional 5-year extensions for ai total  have also entered into Two Easement. Agreements.  term of4 40 years.  WHEREAS, Prior to the development, Arvin CSD must receive zoning and development approval from the City of Arvin consisting ofa conditional use permit and site development; and  Page 1 of 6    WHEREAS, The project is located at upper northeast corner of APN 189-353-07 for the ground mounted solar array area is approximately 6.84 acres of the 52.77 Acres of APN 189-353-07 and is generally located at the southwest corner of Celestial Way and Meyer Street with easements for WHEREAS, The ground-mounted solar area is to provide electrical service with two existing Arvin Community Services District water well sites, Well Site No. 11 located on APN 189-353-09, on the west side of Meyer Street and Well Site No. 16 located on APN 189-353-08 on the north side of Millux  underground electrical conduit servicing Water Well Sites 11 and 16; and  Drive; and  WHEREAS, The two water well sites are to bes serviced with underground electrical conduits from the ground-mounted solar array. The underground electrical conduits run in a easterly direction from an Un-Named Road to Meyer Street then in a southerly direction from the solar array along the west side of Meyer Street to Well Site No. 11, APN 189-353-09, and then continue southerly to the intersection of Millux Drive and Meyer Street. At the intersection of Meyer Street and Millux Drive, the underground electrical conduit then extends westerly along the north side of Millux Drive, northerly portions of APN's  189-353-06 and -07, to service Water Well Sitel No. 16, APN 189-353-08; and  WHEREAS, the Planning Commission finds that the utilization of the lands zoned for single family uses for the proposed ground mounted solar array and easements may be permitted upon approval of aconditional use permit as provided under Chapter 17 Zoning, Section 17.56 Conditional Use Permits; and WHEREAS, The Planning Commission conditionally approved conditional use permit and the applicant has requested approval ofa a site development permit as provided by Title 17 Zoning, Chapter 17. WHEREAS, Staff recommended and the Planning Commission has determined that the findings as is required by Chapter 17.60 Site Development Permit, Section 17.60.040 Application - Criteria for Review; and upon implementation of Chapter 17.70 Site Development  60 Site Development Permits subject toi findings of approval; and  Standards, may be made.  WHEREAS, The Site Development Permit Application for SDP 2024-ArvinCSD Rotating Ground Mounted Solar Array and Easements is conditionally approved by the Planning  Commission based upon the following:  a. The project is conditioned and must comply with all applicable laws and  ordinances.  b. Thej project will be in compliance with all applicable city policies duly adopted by a C. Thej project will be in conformance to the latest accepted planning and engineering standards covering the following areas: site layout, setbacks, easements, landscaping, water and sewer service and other utilities, surface drainage and erosion control, fire d. The conditional approval of SDP 2024-ArvinCSD Rotating Ground Mounted Solar Array and Easements the Planning Commission finds that under the circumstances ofthis application, the proposed use and/or buildings will not be detrimental to the health,  majority vote ofthe planning commission or the city council; and  protection, access, traffic circulation and parking.  Page 2 of 6    safety, peace, morals, comfort or general welfare of persons residing or working in the e. The applicant will be required to pay all fees associated with the processing of the application and for its cost of all reviews and implementation by City Staff, the City's consultants, as well as all costs associated with the on-site and off-site improvements. f. The project will be required to implement all applicable development standards as established by Chapter 17.70 Site Development Standards and those conditions as WHEREAS, The Planning Commission public hearing of December 17, 2024, was duly noticed for the consideration of the Conditional Use Permit and Site Development Permit by providing On-Site Notice by the Project Applicant and notification of property owners within 300 feet for the  neighborhood.  required by Planning Commission action.  project "Arvin Community Service District - Solar Array ; and  WHEREAS, The project applicant placed two on-site signs advertising the Planning Commission meeting public hearing of December 17, 2024, for the Conditional Use Permit to establish a Solar Array in an R-1 Single Family Zone and for the Site Development Permit for the Solar Array development. One sign was installed at the southeast corner of Celestial Way and Rayo del la Luna Drive and one sign installed at the southwest corner of Meyers Street and  Celestial Way.  WHEREAS, Environmental review for the Conditional Use Permit approval for the establishment ofarotating ground mounted solar array and easements on lands zoned R-1 Single Family Residential and the Site Development Permit conditional approval of the land development will provide alternative energy for the servicing two existing water wells owned and operated by Arvin Community Services District is Categorically Exempt per (CEQA) Environmental Quality Act Guidelines, Section 15304 Minor Alterations to Land and Section  5329 Cogeneration Projects at Existing Facilities.  WHEREAS, The Arvin Planning Commission accepts and approves the Notice of Exemption as the appropriate CEQA document for the project. Upon approval of the Conditional Use Permit and Site Development Permit the Notice of Exemption is to be filed with the Kern County Assessor's Office and the State of California CEQA Exempt portal; and WHEREAS, The Planning Commission determines, the 30 year plus two 5 year extensions, due to the term of the agreement, up to 40 years, the burden of immediate and future street and infrastructure improvements shall be the responsibility of the Arvin  Community Services District; and  WHEREAS, The Planning Commission hereby requires the Arvin Community Services District to enter into a Improvement Agreement for the immediate and future street and  infrastructure improvements:  Page 3 of 6    1. Celestial Way, a Local Street classification, shall match the width of the existing improvements to the west, to be improved to city standards from Rayo De La Luna Drive to Meyer Street. The south side of the Celestial Way improvements include decorative fencing, a masonry wall with landscaping and irrigation, and street lighting. No concertina wire or barb wire or wiring that could cause physical damage on top oft the decorative wall. The project is adjacent to and is on the south side of the El Camino Real Elementary School. To be completed prior to final inspection by the Building Division OR security  and timing ofimprovements as approved by the City Engineer.  2. Meyer Street, a Collector, Arvin Community Services District shall be responsible for the improvement ofone-half(V): street width to city standards. The street to be improved upon the development of the property on the west side of Meyer Street. Improvements include decorative fencing, a masonry wall with landscaping and irrigation, and street lighting. No concertina wire or barb wire or wiring that could cause physical damage on top of the decorative wall. The Solar Array development shall not encroach into the 110'-0" road easement. However, Meyer Street, unimproved street, shall be improved in the interim to a standard approved by the City Engineer to attain accessibility for  emergency vehicles.  3. Rayo Del La Luna Drive, a Local Street, which is ai north-south street, Arvin Community Services District to improve one-half (4) street width to city standards to be improved upon the development of the property on the east side of Solar Array project site from Celestial Way to the UN-NAMED ROAD to the south. The Ray De La Luna Drive, if utilized, shall be improved in the interim to a standard approved by the City Engineer to  attain accessibility for emergency vehicles.  4. UN-NAMED ROAD, a Local Street, which is an east-west street, on the south side of the Solar Array, Arvin Community Services District shall improve one-half (4) street width to city standards. To be improved upon the development of the property on the south side of Solar Array project site from Meyer Street to the westerly boundary of the Solar Array site. The UN-NAMED ROAD shall be improved in the interim to a standard approved by the City Engineer to attain accessibility for emergency vehicles. 5. Landscaping and Irrigation Design: The Arvin Community Services District shall be required to maintain the landscaping and irrigation systems and lighting along the Celestial Way, Meyer Street, UN-NAMED ROAD for the length of the lease agreements between Successor Agency of the City of Arvin Redevelopment Agency and Arvin  Community Services District.  Page 4 of6 6    WHEREAS, The Planning Commission is recommending that Arvin Community Services District off-set the lose of development impact fees due to loss of residential inventory as  outlined in Conditions of Approval; and  WHEREAS, The Planning Commission conducted a public hearing on December 17, 2024 for the consideration of the Conditional Use Permit and Site Development Permit for the project 4 Arvin Community Service District - Solar Array G699 and provided an opportunity for  all interested persons to give testimony.  NOW THEREFORE BEI IT RESOLVED by the Planning Commission oft the City of 1. The Planning Commission oft the City of Arvin finds that the above recitals are 2. Thel Planning Commission affirms findings as required by Section 17.60.040 3. The Planning Commission hereby adopts the Notice of] Exemption per (CEQA) Environmental Quality Act Guidelines, Section 15304 Minor Alterations to Land and Section 5329 Cogeneration Projects at Existing Facilities for Conditional Use Permit for the establishment ofarotating ground mounted solar array and easements on land zoned R-1 Single Family Residential and the Site Development Permit conditional approval for the development ofthe 6.84 acre rotating ground mounted solar array and easements that will provide alternative energy for the servicing two existing water wells owned and operated by Arvin Community Services District. The Deputy City Clerk shall file the Notice of Exemption with the Kern County Recorder and with the State of California 4. The Site Development Permit is approved subject to the implementation and compliance with the Conditions of Approval attached as Exhibit A.  Arvin as follows:  true and correct.  Application - Criteria for Review.  CEQA Submittal.  5. This Resolution shall take effect immediately.  IHEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Arvin at a regular meeting thereof held on the 17h day of December  2024 by the following vote:  AYES: NOES: ABSTAIN:  Page 5of6    ABSENT:  CITY OF ARVIN  By:  ATTEST  JOSHLYN HORTON, Chair  Jeffrey Jones, Deputy City Clerk  APPROVED AS' TOI FORM:  By:  NATHAN HODGES, City Attorney Hodges Law Group  I,  Secretary of the Planning Commission of the  City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the Planning Commission of the City of Arvin on the  date and by the vote indicated herein.  Page 6 of 6    Conditions of Approval  Site Development Permit 2024-Arvin Community Services District (CSD)  Rotating Ground Mounted Solar Array  Resolution of the Planning Commission oft the City of Arvin Conditionally Approving Site Development Permit 2024-ArvinçSD Rotating Ground Mounted Solar Array Construction of a 6.84 Acre Ground Mounted Solar Array on aj portion of APN 189-353-07: and underground utility connections on Portions of APN 189-353-06 and -07 to existing water wells located on APN 189-353-09, Water Well Site No. 11 (west side ofl Meyer Street). and APN 189-353-08, Water Well Site No. 16 (the north side of Millux Drive) owned by Arvin Community Services District and Adoption of an Exemption For The Conditional Use Permit and Site Development Permit Pursuant California Environmental Quality Act Guidelines Section 15304 Minor Alterations to Land and 15329 Cogeneration Projects at Existing Facilities.  NOTICE TO PROJECT APPLICANT  In accordance with thej provisions ofGovernment Code Section 66020(d)(1), the imposition of fees, dedication, reservations, or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval ofthe development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed  on the development project.  This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions  of Government Code Section 66020(d)(1)i in effect before January 1, 1997.  PROJECT INFORMATION  Applicant:  Raul Barraza, Jr., General Manager Arvin Community Services District 309 Campus Drive Arvin, CA93203 Addressed Not Assigned  Project Address: Project Location:  Southwest corner of Celestial Way and Meyer Street  Assessor Parcel No. and Size: Construction ofa6.84 Acre Ground Mounted Solar Array ona  portion of APN 189-353-07 and underground utility connections on  Portions of APN 189-353-06 and -07 R-1 Single Family Residential Zone Low Density Residential  Zoning: General Plan Land Use Designation  CONDITIONS AND REQUIREMENTS:  The Planning Commission approved the following conditions on December 17,2024.  SDP 2024 ArvinçSD Solar Array  Page 1of11    PROJECT DESCRIPTION:  Arvin Community Service District received approval for zoning and development, Conditional Use Permit and Site Development, for the construction of] Rotating Ground Mounted Solar Array on a portion of APN 189-353-07 ina al R-1 Single Family Residential Zone district. In addition, the Arvin CSD: is requesting underground easements along the west side of Meyer Street, along the UN- NAMED ROAD from the westerly side oft the project to Meyer Street, and along the north side of Millux Road. The underground easement will allow the extension ofe electrical service from the solar array to existing water well sites, APN 189-353-09 which is developed with Well Site No. 11 (west side ofMeyer Street) and APN 189-353-08 which is developed with Well Site No. 16 (the north side of Millux Drive) owned and operated by Arvin CSD. The rotating ground mounted solar array areai is approximately 6.84 acres ofthe 52.77. Acres of APN 189-353-07: and is generally located at thes southwest  corner of Celestial Way and Meyer Street.  COMMUNITY DEVELOPMENT DEPARTMENT  GENERAL (G)  G-1 All exhibits and references identified in the following conditions and the resolution approving this project are conditions of approval unless otherwise waived. Therefore, all requirements, conditions, mitigation measures, standards, policies are to be implemented by the project applicant and successors in interest unless specifically waived by the City of Arvin. Planning Commission Staff Report dated December 17, 2024 statements, drawings, and G-2 There may also be conditions that are incorporated in the project approval that are not specific and are subject to interpretation, review and approval or conditional. approval by City staff that are not. established by City ordinance, resolution, policy, etc. Those conditions give authority to City Staff to use their judgment in the final resolution of the issue identified. City Staff identified in the condition shall interpret the compliance of those condition(s) at their discretion. This may create costs to the project that are: not otherwise clearly identified. G-3 The projects are subject to the California Environmental Quality Act (CEQA) Guidelines. ANotice ofExemption is filed at the Community Development Department, 141 Plumtree Drive, G-4 Contractors and subcontractors shall obtain al business license from the City of Arvin prior G-5 On-site landscaping - The applicant shall submit a landscape and irrigation plan along Celestial Way prior to the issuance of the final inspection oft the project by the Building Official. Landscape plans are to be submitted to the Planning Division for review and for approval. G-6 The applicant shall submit a Sign Permit, if signs are placed on the project site, to the Planning Division for review and approval. Where required the applicant shall apply for and  illustrations are adopted by reference and are conditions ofapproval.  Arvin, CA and may be viewed during normal business hours.  tol beginning any work.  receive al building permit for the installation of or replacement ofs signage.  SDP 2024 ArvinCSD Solar Array  Page 2of11    G-7 The applicant shall sign the. Acceptance of Conditions OR Appeal the conditions asi imposed by the Planning Commission. In the event you wish to appeal the Planning Commission's decision or discretionary conditions of approval, you may do sO by filing a written appeal and payment ofthe established fees with the City Clerk. The appeal shall include a statement of interest in or relationship to the subject property, the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld. Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings can be made. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed to the City Council within 15 days after the decision by the Planning Commission or 10 days after G-8 Conditions shall run with the land. All owners, present and future, oft the property shall be subject to these conditions of approval. Failure to comply with any condition of approval is grounds for immediate suspension or revocation ofthis site development permit. G-9. Community Development Director or designee is authorized to consider minor modifications to conditions of approval and timing ofimplementation ofconditions where it is found that such modifications and adjustment in timing of implementation of conditions do not nullify the intent  the mailing required notices (ifany), whichever date is later.  oft the conditions established by the City Planning Commission.  FISCAL IMPACT:  The application is subject to the City Councils policy of Full Cost Recovery for development projects. The applicant has deposited funds that will be used to off-set the processing of the pplcatione)-therior. noi fiscal impact is associated withi thej processing ofthe application. Upon action by the Planning Commission, the applicant will be required to deposit funds to offset the monitoring of and to ensure compliance with any conditions that arei imposed on the project. Thej project willl have ai fiscal impact upont the City'sa ability to fund Parks and Recreational facilities, Traffic improvements, Police, and Sewer. The project will be removing 6.84 acres of residential land from the city's land inventory for residential purposes. The City has established impact fees The project sitel has al land use designation ofLow Density Residential which has the development potential ofa a Maximum Density: 41 units to 10 units per acre. The Low-Density Residential land use designation allows traditional single-family homes in the City of Arvin with four to ten dwelling units per acre. Typical parcel sizes may range from 4,3561 to 10,890 square feet. This type of use is recognized as the backbone oft the community and is the largest land use designation in the city. Residences in this category consist generally of single-family detached houses with private yards. Primary access must be from secondary school, collector and local streets. Access from major streets or major highways should be considered only when special design features are included. The typical zoning designation isR-1. In addition, state law now mandates that all single-family lands may be developed with two (2) single family units and may accessory dwelling and junior accessory dwelling  for Police, Parks, Sewer, and Traffic.  unit may be developed by right.  SDP 2024 ArvinCSD Solar. Array  Page 3of11    Based on the established land use density, the following table illustrates an estimated: loss ofrevenue to the City of Arvin as a result of the proposed Rotating Ground Mounted Solar Array on 6.84  Acres.  Impact Fee Estimates based on the 2018 Development Impact Fee  IMPACT 2018  6.84 Acre at 4t to 10 units per net acre = 27 to 68 Single Family Residential Units  Type of Land Use 2018 Impact Fees Single Family Dwelling  Water Arvin Community Services District) (661)854-2127* ACSD for Clearance thes school and Current Fees $325,566 to $818,994  Schools (661) 854-6500*  Police  Parks Sewer  Traffic  $150.00 $3,565.00 4,400/unit $3,942.84/unit Please contact the Please contact  /unit  Per unit  district  2018 Impact Fees - Loss due to utilization oflands for other use rather than residential development  $4,050up $96,255 to$10,200 to  $118,800 $106,461 to to $299,200 $268,124  $242,420  The proposed project results in an estimated loss of revenue from $325,566 to $818,994. Fiscal Impact Payment: Arvin Community Services District pay the estimate loss ofrevenue to the city in the amount of the average of the low and high income loss of $572,280.00. Payment shall occur prior to the final inspection by the Building Official OR Arvin Community Services District may: propose a schedule of payments subject to approval by the Fiscal Impact Payment Reimbursement: The payment to the City of Arvin by Arvin Community Services District due toi the loss ofr revenue shall bei reimbursed by the City should the 6.84 acre project site be developed, at the end of the 30 to 40 year lease agreement, with single family residential development and with the payment of equivalent development impact fees from the residential development. No interest shall be applied to the loss of  City Manager.  revenue repayment.  PLANS BY LICENSED PROFESSIONAL:  PLP-1. All Civil Plans must be signed and stamped by a licensed Civil Engineer, Land Surveyor, or Landscape Architect. Required plans and studies are expected to include, but not limited to the  following, ifapplicable: a. Survey/site control b. Demolition and Dust Control C. Site improvements d. Grading and drainage Landscaping and irrigation f. Utility plan  SDP 2024 ArvinCSD Solar. Array  Page 40 of11    g. Electrical and lighting i. Geotechnical investigation  h. Traffic study (limited to trip generation analysis)  PLP-2. All Civil Plans and improvements must be in substantial compliance with all applicable codes including, but not limited to Arvin Municipal Code (AMC) 13.08, 15.32, 17.30, 17.60, and PLP-3. Final Site Plans: Final Site Plans, Grading plans, etc. shall be submitted to and approved by the City Engineering and Planning Divisions of the Community Development Department,  17.70.  prior to any on-site improvements.  UTILITIES AND SERVICE PROVIDER(S): site. All new electrical services shall be underground.  U-1 Pacific Gas and Electric: PG&E is the provider of electric and gas services to the project U-2 Sewer Services- Arvin Wastewater Collection and' Treatment Facility - Operations and Maintenance by Veolia West Operation Services, Inc.: The project design has not identified any need for sewer service. Should the project construct buildings requiring sewer service, the U-3. Water Service: Arvin Community Services District provides public water services within the City of Arvin. The applicant will be required to coordinate and obtain water service through that agency if utilized. The City Building Official will ensure that public water service commitment is received from that agency prior to the issuance ofai final inspection. U-4. Water Meter Connection: The applicant developer will be subject to connection and meter  applicant shall apply for and receive approval for sewer service.  charges from the. Arvin Community Services District. EXTERIOR SITE AND BUILDING IMPROVEMENTS:  ES&BI-1 Exterior lighting: All exterior lighting shall be arranged or shielded in such ai manner as to contain the direct illumination on the site and avoid glare in nearby residential areas and schools. Exterior lighting shall be powered by passive energy, for example, solar powered. ES&BI-2 Trash Receptacles: No trash receptacles are proposed to bel located on thej project site. However, ifTrash Receptacles are constructed, it shall be screened with an overhead trellis and located in such ai manner not visually obtrusive from any off-site location. Thel location and method ofs screening for all trash receptacles shall be approved by the City Planner. The proposed trash enclosure is inside of the secured site. The applicant shall coordinate with solid waste provided for the waste containers at the curb side for trash pickup. The applicant shall provide confirmation from the solid waste provider prior to final design and location approval by the City Planner. ES&BI-4. Fencing: The applicant's construction plans, Fence Grounding Details, propose plans that appear to be a chain link fence with slats to obscure visibility into the site. The applicant shall  obtain a building permit should the fence height exceed 6'-0".  SDP 2024 ArvinCSD Solar. Array  Page 5of11    1. Celestial Way, a Local Street classification, shall match the width of the existing improvements to the west, to be improved to city standards from Rayo De Lal Luna Drive to Meyer Street. The south side of the Celestial Way improvements include decorative fencing, ai masonry wall with landscaping and irrigation, and street lighting. No concertina wire or barb wire or wiring that could cause physical damage on top of the decorative wall. Thej project is adjacent to andi is on1 the south side oft the El Camino Real Elementary School. To be completed prior to final inspection by the Building Division OR security and timing ofimprovements as approved by the City Engineer. The Solar Array development shall not 2. Meyer Street, a Collector, Arvin Community Services District shall bei responsible fori the improvement ofone-half(a) street width to city standards. The street tol bei improved upon the development of the property on the west side of Meyer Street. Improvements include decorative fencing, a masonry wall with landscaping and irrigation, and street lighting. No concertina wire or barb wire or wiring that could cause physical damage on top of the decorative wall. The Solar Array development shall not encroach into the 110-0" road easement. However, Meyer Street, unimproved street, shall be improved ini thei interim to astandard approved by the City Engineer to attain accessibility for emergency vehicles. 3. Rayo De La Luna Drive, a Local Street, which is anorth-south street, Arvin Community Services District to improve one-half (46) street width to city standards to be improved upon the development of the property on the east side of Solar Array project site from Celestial Way to the UN-NAMED ROAD to the south. The Rayo De La Luna Drive, if utilized, shall be improved in the interim to a standard approved by the City Engineer to attain accessibility for emergency vehicles. Fencing int this area may be chain link or other non-maintenance fencing material. The Solar Array development shall not encroach into  encroach into the 60'-0" road easement.  the 60'-0" road easement.  4. UN-NAMED ROAD, al Local Street, which is an east-west street, on the south side of the Solar. Array, Arvin Community Services District shall improve one-half(a) street width to city standards. To be improved upon the development oft the property on the south side of Solar Array project site from Meyer Street toi the westerly boundary ofthe Solar Array site. The UN-NAMED ROAD shall be improved in the interim to a standard approved by the City Engineer to attain accessibility for emergency vehicles. Fencing in this area may be chain links or other non-maintenance fencing material. The Solar Array development shall  not encroach into the 60'-0": road easement.  ES&BI-5. Gated Access: Access is proposed for both vehicle and pedestrian access from the Un- Named Road, south side of the project site, west of Meyer Street. The vehicular access and pedestrian access will require a system which will permit access by the emergency service providers, Police Fire, and other First Responders. The applicant shall coordinate with the emergency providers and the building official in establishing and implementing the emergency access system. The final inspection and clearance shall not be issued until the system is active. ES&BI-6. The use ofrazor wire, barbed wire, or similar materials is strictly prohibited. In cases ofmasonry walls, all public facing sides must be covered in approved anti-graffiti material or must  SDP 2024. ArvinCSD Solar Array  Page 6of11    have climbing vines attached to the walls which must be maintained over time to the satisfaction ofthe City Manager. Any graffiti must be immediately removed by the Applicant within 721 hours when notified by the City Manager or their designee regardless of when the graffiti first appeared. Similarly, any damage to the perimeter fencing must be immediately repaired within 72 hours when notified by the City Manager or designee regardless of when the damage first appeared. ES&BI-7. Fencing Storm Water Retention Basin: The applicant shall retain all storm water on- site unless an alternate design for stormwater discharge is approved by the City Engineer. The applicant shall provide fencing as required by the City Engineer for any storm water retention FLOOD PLAIN MANAGEMENT, DRAINAGE and BEST MANAGEMENT FPM-D&BMP-1 Floodplain Management - Chapter 15.32. The project is located within FEMA FLOODHAZARD which has a 1 percent annual chance flood shallow flooding. Thej project shall be required to meet the requirements of Section 15.32.170(C) and (D). Prior to thei issuance ofthe final inspection by the Building Official, al Flood Certification shall bej provided as may bei required FPM-D&BMP-2- Water Drainage - Prior to the issuance of any grading or building permits, a plan for the disposal of drainage waters originating on site and from adjacent road rights of way shall be approved by the City Engineer. Easements or grant deed shall be given to the city for drainage purposes or access thereto, as necessary. Grading and Drainage plans shall be submitted to the City Engineer for review and approval. Site drainage on to or into the public right-of-way FPM-D&BMP-3 Dust Control plans must bej provided, as required by the San. Joaquin AirDistrict. Best Management Practices to be implemented during site construction. The applicant shall submit final BMP program for review and approval to the City Engineer prior to site disturbance. FPM-D&BMP-4 Developer shall comply with applicable construction storm water: requirements asi required by the California Water Board. A Stormwater Pollution Prevention Plan (SWPPP) may bei required. Developer should retain the services ofa Qualified SWPPP Developer (QSD) to make such determinations. Developer must provide a Board-approved plan and a Water Discharger Identification (WDID) number (or approved erosivity waver) to the City prior to commencing FPM-D&BMP- 5. Developer must apply for and obtain a grading permit from the City prior to FPM-D&BMP- 6. Developer shall comply with Arvin Municipal Code Chapter 15.32 regarding floodplain requirements and shall provide the floodplain administrator for the City all required plans, forms, and information. This may have implications on the building plans, and may require the elevation ofexisting structures or modifying the existing structure such that iti is flood resistant (i.e. "flood proof" or "watertight"). The applicability of this will depend on the amount of work being proposed to existing structures. Iti isl believed that thresholds which trigger suchi requirements  basins required for the project.  PRACTICES:  by the City Engineer.  is not permitted unless specifically approved by the City Engineer.  construction, ifa applicable. any on-site or off- site grading.  SDP 2024. ArvinCSD Solar Array  Page 7of11    will be passed, and the developer should be prepared to comply with the more stringent FEMA  guidelines.  OFF-STREET PARKING, LOADING, AND ACCESS  PL&A-1. Off-street parking location and design is not applicable for this project, as normally required by Title 17 Zoning, Chapter 17.48. The internal circulation system for site maintenance and access by emergency vehicles shall be approved by the Police Department and Kern County  Fire District. SIGNAGE:  S-1. Prior to the installation of any on-premises sign, the applicant shall apply for and receive a  Sign Permit from the Planning Division.  RIGHT OF WAY IMPROVEMENTS- REQUIREMENTS:  ROWI-R-1. Obstructions within street rights-of-way shall be removed. Upon the review of grading plans, encroachment permits, etc., if applicable, should obstructions be identified, the ROWI-R-2. Curb, gutter, and sidewalk shall be constructed as required by the subdivision ordinance when required as part ofs street improvements. New construction and/or replacement of existing, when determined by the City Engineer, shall require an encroachment permit prior to any demolition and or construction. Plans prepared by a Civil Engineer or equivalent shall be ROWI-R-3. The City Engineer shall coordinate the Arvin Community Services District Off-site Improvement Agreement and fiscal guarantee for the immediate and future street and 1. Celestial Way, a Local Street classification, shall match the width of the existing improvements to the west, to be improved to city standards from Rayo De La Luna Drive to Meyer Street. The south side of the Celestial Way improvements include decorative fencing, a masonry wall with landscaping and irrigation, and street lighting. No concertina wire or barb wire or wiring that could cause physical damage on top oft the decorative wall. The project is adjacent to and is on the south side oft the El Camino Real Elementary School. To be completed prior to final inspection by the Building Division OR security and timing 2. Meyer Street, a Collector, Arvin Community Services District shall be responsible for the improvement of one-half (a) street width to city standards. The street is to be improved upon the development of the property on the west side of Meyer Street between the unnamed road and Millux Road, and/or the improvement of the property on the east side ofMeyer between Celestial Way and the unnamed road. Improvements include decorative fencing, ai masonry wall with landscaping and irrigation, and street lighting. No concertina wire or barb wire or wiring that could cause physical damage on top of the decorative wall. The Solar Array development shall: not encroach intoi the 110'-0"road easement. However,  applicant shall remove the identified obstruction.  submitted to the City for review and approval.  infrastructure improvements as follows:  ofimprovements as approved by the City Engineer.  SDP 2024. ArvinCSD Solar. Array  Page 8of11    Meyer Street shall be improved in the interim to a standard approved by the City Engineer 3. Rayo Del La Luna Drive, al Local Street, which is ai north-south street, Arvin Community Services District to improve one-half (Y) street width to city standards to be improved upon the development of the property on the west side of Solar Array project site from Celestial Way to the UN-NAMED ROAD to the south. The Ray De La Luna Drive, if utilized, shall be improved in the interim to a standard approved by the City Engineer to 4. UN-NAMED ROAD, al Local Street, which is an east-west street, on the south side oft the Solar Array, Arvin Community Services District shall improve one-half (Y) street width to city standards. To be improved upon the development of the property on the south side of Solar Array project site from Meyer Street to the westerly boundary of the Solar Array site. The UN-NAMED ROAD shall be improved in the interim to a standard approved 5. Landscaping and Irrigation Design: The Arvin Community Services District shall be required to maintain thel landscaping and irrigation systems and lighting along the Celestial Way, Meyer Street, UN-NAMED ROAD for the length of the lease agreements between Successor Agency of the City of Arvin Redevelopment Agency and Arvin Community  to attain accessibility for emergency vehicles.  attain accessibility for emergency vehicles.  by the City Engineer to attain accessibility for emergency vehicles.  Services District.  ROWI-R-4. City Engineer to determine ifAPN 189-353-09 requires dedication ofr right-of-way along the west side of Meyer Street. Ifright-of-way is required, Arvin Community Services District shall dedicate ROWI-5. The City Engineer shall require the applicant'sengineer to determine ift the underground easements for the underground electrical along the Un-Named Road, Meyer Street, and Millux Drive are within the future right-of-way. Ifdetermined to exist, the applicant's engineer shall design and locate the underground  the right-of-way width to ensure that the width of110-0" is achieved.  easements outside of the future rights-of-way. PUBLIC WORKS = CITYI ENGINEER:  PW-CE-1  All plans and specifications for future work required on the current and future  public right of way shall be prepared by a Registered Civil Engineer licensed in the state of  California (Engineer of Record) and tot the satisfaction oft the City Engineer.  BUILDING DIVISION: oft the solar array.  BD-1 The applicant shall apply for and obtain all building permits prior to the construction  KERN COUNTY FIRE PROTECTON:  KCFP-1 The applicant shall obtain clearance from the Kern County Fire Department prior toi final inspection by the Building Official. The applicant shall provide a copy ofthe approval  by Kern County Fire District to the City Planner.  SDP 2024. ArvinCSD Solar Array  Page 9of11    LANDSCAPE AND IRRIGATION TO BE INCOMPLIANCE WITH 23 CA ADC S 490 CALIFORNIA CODE OF REGULATIONS TITLE 23. WATERS, DIVISION 2. DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7. MODEL WATER L&I-1 1. The Arvin Community Services District shall be required to maintain the landscaping and irrigation systems and lighting along the Celestial Way, Meyer Street, UN-NAMED ROAD for the length of the lease agreements between Successor Agency of the City of Arvin L&I-2. Preliminary Irrigation and Landscape Plans are provided by the applicant. Water Conservation and Water Efficient Landscape Regulations (Section 15.36.030 and Chapter 15.38 Water Efficient Landscape Regulations-Atachment 4) must be implanted. The applicant shall retain a Licensed Landscape Architect to prepare irrigation and landscape plans in compliance with Chapter 15.36 Water Conservation, Section 15.36.0301 Landscaping and Chapter 15.38 Water Efficient landscape Regulations. Said plans shall be: submitted tot the City for review and approval. Thel Landscape Architect shall certify that the submitted plans andi installation ofirrigation systems and landscaping materials meet all the requirements of the City and State of California Chapter 2.7. Model Water Efficient Landscape Ordinance. Upon implementation of the irrigation system and landscaping, the applicant shall be responsible for the continued maintenance of the irrigation DISCLOSURES AND APPEALS-I IMPORTANT PLEASE READ CAREFULLY: Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plani review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance Approval of this site development permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed  EFFICIENTLANDSCAPE ORDINANCE ANDTITLE15BUILDING  Redevelopment Agency and Arvin Community Services District.  and landscaping.  the project and its relationship to the neighborhood and environment.  development including, but not limited to, the following:  a.  All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property  and may encroach on the subject property; and easements or uses oft the subject property.  b.  All public and private easements, rights-of-way and any actual or potential prescriptive  Approval of this site development permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements, the Zoning Ordinance, and all City Standards and Specifications. This site development permit is granted, and the conditions imposed, based upon the application submittal provided by the  SDP 2024. ArvinCSD Solar Array  Page 10of11    applicant. The application is material to the issuance ofthis. site development, permit. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the site development permit or any other enforcement remedy available under thel law. The City shall not assume responsibility for any deletions or omissions resulting from the site development permit review process or for additions or alterations to any construction or building plans not specifically submitted and reviewed and approved pursuant to this site Ifthe Site Development Permit is not implemented within one (1)year from the date ofi issuance of this site development permit, or within any extended period thereof, this site development permit shall expire, and the site development permit approval shall be null and void. These conditions are applicable to any person or entity making use of this permit, whether identified as permittee,' , "applicant, l"operator," "developer," ori is unnamed.  development permit or subsequent amendments or revisions.  END  SDP 2024 ArvinCSD Solar Array  Page 11 of11    TO: City of Arvin Planning Division 141 Plumtree Drive Arvin, CA 93203 Isaiah Medina, Planner Email: medina@arvin.org Telephone Contact: (559)359-7322  APPLICANT ACCEPTANCE OF CODTIONS OF APPROVAL CONDITIONAL USE PERMIT AND SDP 2024-ARVIN CSD SOLAR ARRAY PLANNING COMMISSION ACTION - DECEMBER: 17,2024  Raull Barraza, Jr., General Manager Arvin Community Services District 309 Campus Drive -Arvin, CAS 93203 Email: barrara@arvineds.om Telephone: (661)854-2127  I,  (Print) do hereby accept the conditions of approval and  hereby certify that I am an authorized agent of the. Applicant and of this Project.  Signature DATED: OR  I,as Authorized Agent oft the Applicant and ofthis Project,  do not  accept the discretionary conditions of approval and elect to appeal the Planning Commission's 's decision Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and All discretionary conditions of approval will ultimately be deemed mandatory unless appealed to the City Council within 15 days after the decision by the Planning Commission or 10 days after the mailing required  and elect to file the appeal and pay the required fee to the City Clerk's office. may only be modified by variance, provided the findings can be made.  notices (ifany), whichever date is later.  Appeals are to be filed on or before January 3, 2025.    CITY OF ARVIN CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT FOR ARVINCSD SOLAR ARRAY  CUP. - ARVIN COMMUNITY SERVICE DISTRICT - SOLAR ARRAY & SDP 2024- THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.  PROJECT TITLE:  Arvin Community Services District Solar Array (Conditional Use Permit - Arvin Community Services District - Solar Array and Site Development Permit 2024-A ArvinCSD Solar Array)  APPLICANT:  Raul Barraza, Jr., General Manager Arvin Community Services District 309 Campus Drive Arvin, CA 93203  PROJECT LOCATION:  Generally located at the southwest corner of Meyer Street and Celestial Way with easements south along Meyer Street to Millux Road and east along Millux Road (portions of APNs:  189-353-06, -07, -08, and -09).  PROJECT DESCRIPTION: CUP - Arvin Community Service District - Solar Array and  SDP 2024-ACSD Solar Array were filed by Raul Barraza, Jr., on behalf of the Arvin Community Services District, and pertains to portions of APNS 189-353-06, -07, -08, and -09. The project proposes to construct a ground-mounted rotating solar array on a 6.84 acre portion of APN 189-353-07 (52.77 acres). Additionally, underground easements for utility connections will run south along the west side of Meyer Street to Millux Road and west along the north side of Millux Road to provide electrical service to the existing water well sites on APNS 189- 353-08 and -09, which are owned and operated by the Arvin Community Services District. The Project site is planned and  zoned for single-family residential uses.  This project is exempt under Section 15304/Class 04 and Section 15329/Class 29 of the Under Section 15304/ Class 04, the proposed project is exempt from CEQA requirements when the project consists of minor public or private alterations in the condition of land, water, andlor vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Section 15304 of the CEQA Guidelines provides the following  California Environmental Quality Act (CEQA) Guidelines as follows:  examples:    (e) Minor temporary use of land having negligible or no permanent effects on the  environments, including carnivals, sales of Christmas trees, etc; Minor trenching and backfilling where the surface is restored;  The proposed project includes a solar array and easements for underground electrical service to provide power to existing water wells in the vicinity of the site. The solar array will be placed on land owned by the Successor Agency to the City of Arvin Redevelopment Agency. The Arvin Community Services District has entered into a 30- year lease agreement, with the option for two (2) additional 5-year extensions for a total term of 40 years. The solar array has been designed such that, at the end of the lease term, the array can be removed and the site may be redeveloped. As such, the proposed project can be determined to be a temporary use of land having negligible or no permanent effects on the environment. Additionally, the easements and underground electrical connections will require minor temporary trenching which will be backfilled,  thereby restoring the surface close to its pre-disturbance state.  Under Section 15329/Class 29, the proposed project is exempt from CEQA requirements when the project consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the conditions described in this section: a) At existing industrial facilities, the installation of cogeneration facilities will be exempt 1) Result in no net increases in air emissions from the industrial facility, or will produce emissions lower than the amount that would require review under the  where it will:  new source review rules applicable in the county, and 2) Comply with all applicable state, federal, and local air quality laws.  The proposed project is not an existing industrial use.  b) At commercial and institutional facilities, the installation of cogeneration facilities will be  exempt ift the installation will:  1) Meet all the criteria described in subdivision (a);  2) Result in no noticeable increase in noise to nearby residential structures; 3) Be contiguous to other commercial or institutional structures.  The proposed Project includes a solar array, with a capacity of approximately 1.5 MW, and easements to provide electrical service to existing water well sites owned and operated by the Arvin Community Services District. As such, the Project will provide cogeneration facilities with a capacity of less than 50 MW. Additionally, the project will not result in a net increase in air emissions, will comply with all applicable state, federal, and local air quality laws, will not result in a noticeable increase in noise to nearby  residential structures, and will be contiguous to the existing structures.  None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a significant effect on the environment. A categorical exemption, as noted above, has been  prepared for the project and the area is not environmentally sensitive.    Date: December 17, 2024  Prepared By: Isaiah Medina, Assistant Planner  Precision Civil Engineering, Inc.  Submitted by:  Jeffrey Jones City Manager City of Arvin (661)854-3134    Chapter 17.60 SITE DEVELOPMENT PERMITS  1. AMEND CHAPTER 17.60 SITE DEVELOPMENT PERMITS AS FOLLOWS:  CHAPTER 17.60 SITE DEVELOPMENT PERMITS  Sections:  17.60.010 Intent and purpose--Affected zones.  A. To ensure insure that certain types of proposed developments will serve to achieve a group of facilities which will be well related one to another, and which, taken together, will result in a well-composed design, and to meet the city ordinances, site development permits shall 1. Mobile home parks, travel trailer parks, airports and commercial, industrial, public. and quasi-public building compexes-Miuli-amly residential development within the R-2, R-3, and R-4 Zone District(s) that are not in compliance with Chapter 17.72 Multiple 2. Use ofa any commercial ori industrial structure vacant for more than ninety (90) days. For structures subject to Chapter 17.68 (Commercial - Bear Mountain Central Business District Standards), existing structures vacant for more than sixty (60) days, except that ifunusual hardship is shown the City Planner planningdireeter may extend that time by  be required for the development or expansion oft the following:  Family Residential Design Review;  up to an additional one hundred and eighty (180) days;  3. Change of use from an existing use to al heretofore new use at that location; 4. New development, not listed under Chapter 17.05 Uses Permitted Subject to 5. Expansion of existing structures.not listed under Chapter 17.05 Uses Permitted Subject B. As site development permit shall be secured prior to the issuance ofab building permit for any  Administrative Approval; or to Administrative Approval.  oft the items listed in 1,2,3,4, and 5, above. 17.60.020 Application- Filing and fee.  The owner orl his agent may make application for a site development permit. Such application shall be submitted to the planning division department in writing on a form prescribed by the city planner, and shall be accompanied by the required fee and such plans as required in Section  17.60.030.  17.60.030 Appication-Intormation required.  The applicant shall submit three (3) prints of the site plan and three (3) flash drives. The site plan shall contain plot plans and elevations drawn to scale, and shall indicate clearly and with full A. Name and address of the applicant and of all persons owning any or all oft the property  dimensions the following information, where applicable:  proposed to be used;  Page 1 of4  Ordinance Amending Various Chapters of1 Title 17: Zoning.    B. Location of property involved (address or vicinity);  Legal description of property; D. Proposed facility or use; E. The lot dimensions;  'F. All buildings and structures and their location, size, height, and proposed uses;  G. Location and design of recreation areas; H. Yards and spaces between buildings;  I. Walls and fences and their location, height, and materials;  J. Landscaping and sprinkling system, including location, type and plant names and K. Off-street parking, including the location, number of stalls, dimensions of the parking L. Access, pedestrian, vehicular, and service, points of ingress and egress, and driveway  proposed disposition of existing trees; facility, and internal circulation system; locations and dimensions; M. Signs and their location, size and height;  N. Loading, including the location, dimensions, number of1 berths, internal circulation, and 0. Lighting, including the location, general nature and hooding devices, ifany;  means ofaccessibility to structure or use served;  P. Street dedication and improvements; Location of utilities and trash collection areas; R. An appropriate description legend and North point; S. Such other data or information as may be required by the city.  17.60.040 Application- Criteria for review.  A. Site development permits may be granted by the city planner cemmsmiy-deveepment direetor, the planning commission or the city council. Within forty-five (45) days of the receipt of any application for a site development pérmit, the city planner planning-direeter shall review the application and render a decision to approve, conditionally approve, or deny the application. In reviewing any such application, the following should be considered: 2. Compliance with all applicable city policies duly adopted by a majority vote of the 3. Conformance to latest accepted planning and engineering standards covering the following area: site layout, building appearance. and structural design, landscaping, water and sewer service and other utilities, surface drainage and erosion control, fire  1. Compliance with all applicable laws and ordinances; planning commission or the city council; and  protection, access, traffic circulation and parking.  Page 2 of4  Ordinance Amending Various Chapters of Title 17 Zoning.    B. Before approving or conditionally approving any such application, the city planner planning director shall find that under the circumstances of the particular case, the proposed use or buildings will not be detrimental to the health, safety, peace, morals, comfort or general C. Level lofreview: The site development permit iss subject toi review by the council, commission 1. City planner Plamningdireeter - Review of the following projects that do not otherwise  welfare of persons residing or working in the neighborhood. or city planner planningdireeteras follows: require commission review:  a. Remodeling ofinterior and/or exterior of existing buildings;  b. Change of use ofe existing buildings where no site improvements are required; C. Mobile home parks, travel trailer parks, airports and building complexes d. Existing structures vacant for more than ninety (90) days. For structures subject to Chapter 17.68 (Commercial - Bear Mountain Central Business District Standards), existing structures vacant for more than sixty (60) days, as may be extended for unusual hardship by the cityplanner planning-direeter pursuant to 17.60.010; f. Expansion of existing structures of less than fifty (50) percent and limited site MH-amiy-residentialdevelepmeEWiHPtReR3Zemedistnet-wtha-minimum develepmemtef,amimeteNtent6umisperaereyes h. Malhamiyresdemtadevelepmewanseictwitheminimam ef,and-metteexeeed,wenty-ome22)unitsperaere:  encompassing less than one (1) acre;  e. New structures less than one thousand (1,000) square feet;  improvements are: required;  2. Planning commission - Review oft the following projects:  a. New development of one thousand and one (1,001) square feet or more; b. Expansion of existing structures by more than fifty (50) percent; C. Change of use of existing structures where site improvements are required; d. Mobile home parks, travel trailer parks, airports and building complexes e. All other development requiring a site development permit not listed in Subsection 3. The city planner planningdireeter may refer review ofa site development permit to the commission, or the commission may refer review of a site development permit to the council, for review and action. Such referrals may be at the discretion of the referring  encompassing more than one (1) acre;  C.1,a above.  body or person.  4. Site development improvements are required consistent with Chapter 17.70.  Page 3 of4  Ordinance Amending Various Chapters ofTitle 17 Zoning.    Chapter 17.70 SITE DEVELOPMENT STANDARDS  Sections:  17.70.010 Standards adopted.  Thet following minimum site development standards shall be followed fora all developments: A. Landscape Standards. Thei following standards apply to landscaping fora all commercial uses: 1. An minimum of ten percent (10%) of the developed area shall bel landscaped.  2. Along anyi interior propertyl line abutting residentially zoned lots, trees shall be planted at least every thirty feet (30') in individual planters. The planters shall be sufficiently large and protected so1 that a parked car does note extend into the minimum four foot byf four foot (4' x 4') tree planting area which shall be landscaped with ground cover, shrubs, and climbing plants. 3. Planters or landscaped areas: All off-street parking areas shall have perimeter landscaping, planters, and landscaped: areas for every fifth or sixth parking space to reduce heat islands. Plant types should be selected to suit the climatic zone and ofa variety thati is least polluting tot the environment. All plans shall be: submitted to the department of planning and building for review 4. Within each planter orl landscaped area, automatic irrigation system and live landscaping shall be provided and maintained. Water and energy savings features shall be incorporated in all 5. Required planter or landscaped areas may be combined with pedestrian walks and similar hard surface areas; provided, thats such hard surface area does not cover more than ten percent (10%) ofany required planter or landscaped: area. Ornamental or landscaping rock and gravel areas, artificial turf, or other areas covered with other artificial materials shalll be considered hard 6. Street trees are required for any project, use, or development adjacent to designated streets. 7. Landscaping materials and trees installed in planters or landscaped areas shall be: selected froma list of approved plants maintained by the department of planning and building. B. Obstructions Removed. Obstructions within street rights-of-way: shall be removed. :. Curb, Gutter and! Sidewalk. Curb, gutter, and sidewalk shall be constructed as required byt the subdivision ordinance when required as part of street improvements. D. Drive Areas. All access drives, parking areas, and vehicle maneuvering areas shall be surfaced witha a minimum of two inches (2")ofasphalt, concrete, or pavingr material of higher quality. E. Utility Services. All new on site utilitys services shall be placed underground. F. Water Drainage. Prior to thei issuance of any grading or building permits, a plan for the disposal of drainage waters originating on site and from adjacent road rights of way shall be approved byt the department of planning and building, ifr required. Easements or grant deed shalll be given tot the cityf for G. Fire Department. Approval. Firei flows, fire protection facilities, and accessways and safety setbacks  and approval. irrigation design.  surface areas fori the purposes oft this provision.  drainage purposes or access thereto, as necessary. shall be as required and approved byt thei fire department.  Created: 2023-05-04 14:37:45 [EST]  (Supp. No. 8)  Pagelof2    H. Separating' Wall. As separating wall mayl be required for noise attenuation or to screen residential uses . Exterior Lighting. Exterior lighting shall be arranged or shielded in such a manner as to contain the direct illumination on the site and avoid glare in nearby residential areas. Exterior lighting shall be powered by passive energy; for example, solar powered. All buildings must have a lighted address J. Exterior Mechanical Equipment. All mechanical, heating, and air conditioning equipment in residential, office, public ori institutional uses shall be screened when visiblet from aj public street or from adjoining properties. Installation of climate control equipment's, such as air conditioners, on residential K. Trash Receptacles.. Allt trash receptacles shall be screened with an overhead trellis and located in sucha manner not visually obtrusive from any off sitel location. Thel location andi method of screening for all trash receptacles shall be approved by the director of planning and building. Building Design. Architectural design of all proposed buildings shall bel Mediterranean. M. Hardship. The director of planning and building may' waive any of the above listed requirements where ac documented hardship, noti involving economics, exists or where there are unusual circumstances that prevent compliance with any of ther required development standards. Additionally, street improvements and construction of curb, gutter, and sidewalks will not be required fori individual or cumulative additions constituting less than twenty-five percent (25%) expansion of development N. Off-street parking. Off-street parking shall be provided in accordance with ther requirements of Title 17 O. Signs. Signs shall be pre-approved by the planning and building department prior to installation. P. Fugitive dust. During all on site grading and construction activities, adequate measures shall be  from commercial andi industrial uses.  panel placed at approved locations for ease ofi identification.  properties shall be located on the ground.  existing on the effective date of this chapter.  of this Code.  implemented to control fugitive dust.  (Ord.NO.376,2262008)  Created: 2023-05-04 14:37:45 [EST]  (Supp. No.8)  Page 2of2