building/structure data has included only those sources listed above and should not be considered comprehensive.
If at any time you might require the services of a qualified professional the Statewide Referral List for Historical Resources Consultants is posted for your use on the internet at http://chrisinfo.org
If archaeological resources are encountered during project-related activities, work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources.
If human remains are discovered, California Health and Safety Code Section 7050.5 requires you to protect the discovery and notify the county coroner, who will determine if the find is Native American. If the remains are recognized as Native American, the coroner shall then notify the Native American Heritage Commission (NAHC). California Public Resources Code Section 5097.98 authorizes the NAHC to appoint a Most Likely Descendant (MLD) who will make recommendations for the treatment of the discovery.
Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the State Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area.
Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts.
The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System’s (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public.
Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law.
We thank you for contacting this office regarding historical resource preservation. Please let us know when we can be of further service. Thank you for sending the Access Agreement Short Form.
Note: Billing will be transmitted separately via email from the Financial Services office ($150.00), payable within 60 days of receipt of the invoice.
If you wish to include payment by Credit Card, you must wait to receive the official invoice from Financial Services so that you can reference the CMP # (Invoice Number), and then contact the link below:
https://commerce.cashnet.com/ANTHROPOLOGY
Sincerely,
E. A. Greathouse E. A. Greathouse, Coordinator
Central California Information Center
California Historical Resources Information System
* Invoice Request sent to: [email protected], CSU Stanislaus Financial Services
STATE OF CALIFORNIA Gavin Newsom, Governor
NATIVE AMERICAN HERITAGE COMMISSION
January 12, 2024
Diana Trejo
City of Escalon
Via Email to: [email protected]
Re: General Plan Amendment - Housing Element Update Project, San Joaquin County Dear Ms. Trejo:
A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.
Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.
If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.
If you have any questions or need additional information, please contact me at my email address: [email protected].
Sincerely,
Pricilla Torres-Fuentes
Cultural Resources Analyst
Attachment
CHAIRPERSON
Reginald Pagaling
Chumash
VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki
SECRETARY
Sara Dutschke
Miwok
PARLIAMENTARIAN
Wayne Nelson
Luiseño
COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan
COMMISSIONER
Stanley Rodriguez
Kumeyaay
COMMISSIONER
Laurena Bolden
Serrano
COMMISSIONER
Reid Milanovich
Cahuilla
COMMISSIONER
Vacant
EXECUTIVE SECRETARY
Raymond C.
Hitchcock
Miwok, Nisenan
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
CITYOf
ESCAWN
2060 McHeiuy Avenue
Escalon, CA 95320
CallfomFa V'afley M,wok Tribe
14807 Aven. da Central
la Grange, Ca .. 9532:9
RE:: AS S2 Tribar Cultural R@5'0urne Cons:ultatiol'I, Murphy Randi !. ~►~Posr"'b
I:; 0-~~- 11.,; ~-- 3 "'1.v -~ll"NC'I' ow~•
02 r P $ 000.64°
0000931 :50 PR 26 202◄
~AILED RO~ ZIP COD 9 32!J
CITY OF ESCALON
DEVELOPMENT SERVICES
2060 McHenry Avenue ▪ Escalon, California 95320 ▪ Office 209.691-7422 Fax 209.691-7439 April 26, 2024
California Valley Miwok Tribe
AKA Sheep Rancheria of Me-Wuk Indians of Ca
P.O. Box 395
West Point, Ca. 95255
RE: AB 52 Tribal Cultural Resource Consultation, Murphy Ranch Specific Plan Dear Cultural Preservation Department,
The City of Escalon is considering approval of the approval of a Specific Plan to guide the development of two parcels, totaling 17.98 acres, which are proposed to be subdivided into 73 lots for single-family residential development. The project site is in unincorporated San Joaquin County adjacent to the western city limits of Escalon (see attached figures).
Your tribe has been identified as a possible interested party in this project by the Native American Heritage Commission (NAHC) in a letter related to a separate Escalon project dated January 12, 2024 (copy attached).
California Assembly Bill 52 (AB52) requires that CEQ Lead Agencies notify tribes that have requested AB52 notification of any project that the tribe may request consultation. No known tribes have requested notification from the City of Escalon. The City has, however, decided to provide this notification to potentiallyinterested tribes identified by the NAHC.
The City of Escalon is the CEQA Lead Agency for the proposed project and hereby provides the tribe with notice. The tribe has 30 days from receipt of this letter to indicate if it wishes to consult on this project. If no response is received, it will be assumed that the tribe declines consultation.
Attached is a record search obtained from the Central California Information Center (CCIC) indicating there are no recorded resources of known sensitivity on or near the project site.
If the tribe desires to consult on this project, please send a written response to Diana Trejo, Assistant Planner, City of Escalon, 2060 McHenry Avenue, Escalon, CA 95320. In your response, please designate the lead contact person for this consultation, along with contact information. If you have any questions, please contact me at (209) 691-7422.
Sincerely,
Diana Trejo, Assistant Planner, City of Escalon
• Location Map
• CCIC Report
• NAHC Letter (Escalon Project)
BaseCamp
Figure 1-3
BaseCamp Environmental USGS MAP
PROJECT SITE
SOURCE: USGS Quadrangle Map, Avena CA , 2021
c:::s r-,, - ]:-
!E
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~
r'\ 0,
irr, :,;j, 11"1'1 i:::i,
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-.:i:;
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~ •
6 ULL.REY AVE
CLOUG, AVE
Date: 8/10/2023 Records Search File #: 12627L
Project: Murphy Ranch, T2S R9E NW ¼
Section 5, APNs 225-040-28 & 225-040-29
Krista Simpson Invoice to: [email protected]
BaseCamp Environmental, Inc.
802 West Lodi Ave.
Lodi, CA 95240
209-224-8213 [email protected]
Dear Ms. Simpson:
We have conducted a non-confidential extended records search as per your request for the abovereferenced project area located on the Avena USGS 7.5-minute quadrangle map in San Joaquin County.
Search of our files includes review of our maps for the specific project area and the immediate vicinity of the project area, and review of the following:
National Register of Historic Places (NRHP)
California Register of Historical Resources (CRHR)
California Inventory of Historic Resources (1976)
California Historical Landmarks
California Points of Historical Interest listing
Office of Historic Preservation Built Environment Resource Directory (BERD) and the Archaeological Resources Directory (ARD)
Survey of Surveys (1989)
Caltrans State and Local Bridges Inventory
General Land Office Plats
Other pertinent historic data available at the CCaIC for each specific county The following details the results of the records search:
Prehistoric or historic resources within the project area:
• There are no formally recorded prehistoric or historic archaeological resources or historic buildings or structures within the project area.
• The General Land Office survey plat for T2S R9E (dated 1854) shows the NW ¼ of Section 5 divided into two parcels: 80.7 acres in the north half and 80 acres in the south half.
CENTRAL CALIFORNIA INFORMATION CENTER
California Historical Resources Information System
Department of Anthropology – California State University, Stanislaus One University Circle, Turlock, California 95382
(209) 667-3307
_____________________________________________________________________________________________ Alpine, Calaveras, Mariposa, Merced, San Joaquin, Stanislaus & Tuolumne Counties
• The General Land Office survey plat for T2S R9E (dated 1873) shows the NW ¼ of Section 5 divided into three parcels. The north half shows 40.39 acres on the west and
40.37 acres on the east, with 80 acres on the south half. • The Map of the County of San Joaquin, California (1883) shows Brennan Avenue and French Camp Road (aka SR 120/Yosemite Avenue), with John W. Jones the landowner in Section 5, T2S R9E at that time.
• The 1914 edition of the Avena USGS quadrangle references the railroad, Brennan Road, and French Camp Road/SR 120 alignments.
• The 1952 edition of the Avena USGS quadrangle also references two buildings within the project that would be 71 years in age (or older), considered as possible historical resources. We have no further information on file regarding these buildings.
Prehistoric or historic resources within the immediate vicinity of the project area: None has been formally reported to the Information Center.
Resources that are known to have value to local cultural groups: None has been formally reported to the Information Center.
Previous investigations within the project area: None has been formally reported to the Information Center.
Recommendations/Comments:
Please be advised that a historical resource is defined as a building, structure, object, prehistoric or historic archaeological site, or district possessing physical evidence of human activities over 45 years old. Since the project area has not been subject to previous investigations, there may be unidentified features involved in your project that are 45 years or older and considered as historical resources requiring further study and evaluation by a qualified professional of the appropriate discipline.
If the current project does not include ground disturbance, further study for archaeological resources is not recommended at this time. If ground disturbance is considered a part of the current project, we recommend further review for the possibility of identifying prehistoric or historic-era archaeological resources.
If the proposed project contains buildings or structures that meet the minimum age requirement (45 years in age or older) it is recommended that the resource/s be assessed by a professional familiar with architecture and history of the county. Review of the available historic
building/structure data has included only those sources listed above and should not be considered comprehensive.
If at any time you might require the services of a qualified professional the Statewide Referral List for Historical Resources Consultants is posted for your use on the internet at http://chrisinfo.org
If archaeological resources are encountered during project-related activities, work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources.
If human remains are discovered, California Health and Safety Code Section 7050.5 requires you to protect the discovery and notify the county coroner, who will determine if the find is Native American. If the remains are recognized as Native American, the coroner shall then notify the Native American Heritage Commission (NAHC). California Public Resources Code Section 5097.98 authorizes the NAHC to appoint a Most Likely Descendant (MLD) who will make recommendations for the treatment of the discovery.
Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the State Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area.
Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts.
The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System’s (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public.
Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law.
We thank you for contacting this office regarding historical resource preservation. Please let us know when we can be of further service. Thank you for sending the Access Agreement Short Form.
Note: Billing will be transmitted separately via email from the Financial Services office ($150.00), payable within 60 days of receipt of the invoice.
If you wish to include payment by Credit Card, you must wait to receive the official invoice from Financial Services so that you can reference the CMP # (Invoice Number), and then contact the link below:
https://commerce.cashnet.com/ANTHROPOLOGY
Sincerely,
E. A. Greathouse E. A. Greathouse, Coordinator
Central California Information Center
California Historical Resources Information System
* Invoice Request sent to: [email protected], CSU Stanislaus Financial Services
STATE OF CALIFORNIA Gavin Newsom, Governor
NATIVE AMERICAN HERITAGE COMMISSION
January 12, 2024
Diana Trejo
City of Escalon
Via Email to: [email protected]
Re: General Plan Amendment - Housing Element Update Project, San Joaquin County Dear Ms. Trejo:
A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.
Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.
If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.
If you have any questions or need additional information, please contact me at my email address: [email protected].
Sincerely,
Pricilla Torres-Fuentes
Cultural Resources Analyst
Attachment
CHAIRPERSON
Reginald Pagaling
Chumash
VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki
SECRETARY
Sara Dutschke
Miwok
PARLIAMENTARIAN
Wayne Nelson
Luiseño
COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan
COMMISSIONER
Stanley Rodriguez
Kumeyaay
COMMISSIONER
Laurena Bolden
Serrano
COMMISSIONER
Reid Milanovich
Cahuilla
COMMISSIONER
Vacant
EXECUTIVE SECRETARY
Raymond C.
Hitchcock
Miwok, Nisenan
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
CITY OF
ESCALON
2060 McHenry Avenue
Esca]on, CA 95320
Catifom;a Valley Miwok Tribe
AKA Stfeep R.aricherla of Me,. Wuk Indians of ca
P.O. Box395
West Point, ca. 95255
,$--~ts PO.st~ 119,~,: ~~..=- 5 ........... _,.,T .. ~Y8D 19, 02 tP 000.64°
DODO J1850 APR 26 '.;!02~
MA!lED FRO~ ZIP CODE S5J20
CITY OF ESCALON
DEVELOPMENT SERVICES
2060 McHenry Avenue ▪ Escalon, California 95320 ▪ Office 209.691-7422 Fax 209.691-7439 April 26, 2024
Ione Band of Miwok Indians
Sara Dutschke, Chariperson
9252 Bush Street
Plymouth, Ca. 95669
RE: AB 52 Tribal Cultural Resource Consultation, Murphy Ranch Specific Plan Dear Cultural Preservation Department,
The City of Escalon is considering approval of the approval of a Specific Plan to guide the development of two parcels, totaling 17.98 acres, which are proposed to be subdivided into 73 lots for single-family residential development. The project site is in unincorporated San Joaquin County adjacent to the western city limits of Escalon (see attached figures).
Your tribe has been identified as a possible interested party in this project by the Native American Heritage Commission (NAHC) in a letter related to a separate Escalon project dated January 12, 2024 (copy attached).
California Assembly Bill 52 (AB52) requires that CEQ Lead Agencies notify tribes that have requested AB52 notification of any project that the tribe may request consultation. No known tribes have requested notification from the City of Escalon. The City has, however, decided to provide this notification to potentiallyinterested tribes identified by the NAHC.
The City of Escalon is the CEQA Lead Agency for the proposed project and hereby provides the tribe with notice. The tribe has 30 days from receipt of this letter to indicate if it wishes to consult on this project. If no response is received, it will be assumed that the tribe declines consultation.
Attached is a record search obtained from the Central California Information Center (CCIC) indicating there are no recorded resources of known sensitivity on or near the project site.
If the tribe desires to consult on this project, please send a written response to Diana Trejo, Assistant Planner, City of Escalon, 2060 McHenry Avenue, Escalon, CA 95320. In your response, please designate the lead contact person for this consultation, along with contact information. If you have any questions, please contact me at (209) 691-7422.
Sincerely,
Diana Trejo, Assistant Planner, City of Escalon
• Location Map
• CCIC Report
• NAHC Letter (Escalon Project)
BaseCamp
Figure 1-3
BaseCamp Environmental USGS MAP
PROJECT SITE
SOURCE: USGS Quadrangle Map, Avena CA , 2021
c:::s r-,, - ]:-
!E
:!Ji
~
r'\ 0,
irr, :,;j, 11"1'1 i:::i,
31 ::I:,
;.t)
0 S1 ~
::,.,
-.:i:;
~
~ - ...
~ •
6 ULL.REY AVE
CLOUG, AVE
Date: 8/10/2023 Records Search File #: 12627L
Project: Murphy Ranch, T2S R9E NW ¼
Section 5, APNs 225-040-28 & 225-040-29
Krista Simpson Invoice to: [email protected]
BaseCamp Environmental, Inc.
802 West Lodi Ave.
Lodi, CA 95240
209-224-8213 [email protected]
Dear Ms. Simpson:
We have conducted a non-confidential extended records search as per your request for the abovereferenced project area located on the Avena USGS 7.5-minute quadrangle map in San Joaquin County.
Search of our files includes review of our maps for the specific project area and the immediate vicinity of the project area, and review of the following:
National Register of Historic Places (NRHP)
California Register of Historical Resources (CRHR)
California Inventory of Historic Resources (1976)
California Historical Landmarks
California Points of Historical Interest listing
Office of Historic Preservation Built Environment Resource Directory (BERD) and the Archaeological Resources Directory (ARD)
Survey of Surveys (1989)
Caltrans State and Local Bridges Inventory
General Land Office Plats
Other pertinent historic data available at the CCaIC for each specific county The following details the results of the records search:
Prehistoric or historic resources within the project area:
• There are no formally recorded prehistoric or historic archaeological resources or historic buildings or structures within the project area.
• The General Land Office survey plat for T2S R9E (dated 1854) shows the NW ¼ of Section 5 divided into two parcels: 80.7 acres in the north half and 80 acres in the south half.
CENTRAL CALIFORNIA INFORMATION CENTER
California Historical Resources Information System
Department of Anthropology – California State University, Stanislaus One University Circle, Turlock, California 95382
(209) 667-3307
_____________________________________________________________________________________________ Alpine, Calaveras, Mariposa, Merced, San Joaquin, Stanislaus & Tuolumne Counties
• The General Land Office survey plat for T2S R9E (dated 1873) shows the NW ¼ of Section 5 divided into three parcels. The north half shows 40.39 acres on the west and
40.37 acres on the east, with 80 acres on the south half. • The Map of the County of San Joaquin, California (1883) shows Brennan Avenue and French Camp Road (aka SR 120/Yosemite Avenue), with John W. Jones the landowner in Section 5, T2S R9E at that time.
• The 1914 edition of the Avena USGS quadrangle references the railroad, Brennan Road, and French Camp Road/SR 120 alignments.
• The 1952 edition of the Avena USGS quadrangle also references two buildings within the project that would be 71 years in age (or older), considered as possible historical resources. We have no further information on file regarding these buildings.
Prehistoric or historic resources within the immediate vicinity of the project area: None has been formally reported to the Information Center.
Resources that are known to have value to local cultural groups: None has been formally reported to the Information Center.
Previous investigations within the project area: None has been formally reported to the Information Center.
Recommendations/Comments:
Please be advised that a historical resource is defined as a building, structure, object, prehistoric or historic archaeological site, or district possessing physical evidence of human activities over 45 years old. Since the project area has not been subject to previous investigations, there may be unidentified features involved in your project that are 45 years or older and considered as historical resources requiring further study and evaluation by a qualified professional of the appropriate discipline.
If the current project does not include ground disturbance, further study for archaeological resources is not recommended at this time. If ground disturbance is considered a part of the current project, we recommend further review for the possibility of identifying prehistoric or historic-era archaeological resources.
If the proposed project contains buildings or structures that meet the minimum age requirement (45 years in age or older) it is recommended that the resource/s be assessed by a professional familiar with architecture and history of the county. Review of the available historic
building/structure data has included only those sources listed above and should not be considered comprehensive.
If at any time you might require the services of a qualified professional the Statewide Referral List for Historical Resources Consultants is posted for your use on the internet at http://chrisinfo.org
If archaeological resources are encountered during project-related activities, work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources.
If human remains are discovered, California Health and Safety Code Section 7050.5 requires you to protect the discovery and notify the county coroner, who will determine if the find is Native American. If the remains are recognized as Native American, the coroner shall then notify the Native American Heritage Commission (NAHC). California Public Resources Code Section 5097.98 authorizes the NAHC to appoint a Most Likely Descendant (MLD) who will make recommendations for the treatment of the discovery.
Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the State Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area.
Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts.
The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System’s (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public.
Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law.
We thank you for contacting this office regarding historical resource preservation. Please let us know when we can be of further service. Thank you for sending the Access Agreement Short Form.
Note: Billing will be transmitted separately via email from the Financial Services office ($150.00), payable within 60 days of receipt of the invoice.
If you wish to include payment by Credit Card, you must wait to receive the official invoice from Financial Services so that you can reference the CMP # (Invoice Number), and then contact the link below:
https://commerce.cashnet.com/ANTHROPOLOGY
Sincerely,
E. A. Greathouse E. A. Greathouse, Coordinator
Central California Information Center
California Historical Resources Information System
* Invoice Request sent to: [email protected], CSU Stanislaus Financial Services
STATE OF CALIFORNIA Gavin Newsom, Governor
NATIVE AMERICAN HERITAGE COMMISSION
January 12, 2024
Diana Trejo
City of Escalon
Via Email to: [email protected]
Re: General Plan Amendment - Housing Element Update Project, San Joaquin County Dear Ms. Trejo:
A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.
Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.
If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.
If you have any questions or need additional information, please contact me at my email address: [email protected].
Sincerely,
Pricilla Torres-Fuentes
Cultural Resources Analyst
Attachment
CHAIRPERSON
Reginald Pagaling
Chumash
VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki
SECRETARY
Sara Dutschke
Miwok
PARLIAMENTARIAN
Wayne Nelson
Luiseño
COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan
COMMISSIONER
Stanley Rodriguez
Kumeyaay
COMMISSIONER
Laurena Bolden
Serrano
COMMISSIONER
Reid Milanovich
Cahuilla
COMMISSIONER
Vacant
EXECUTIVE SECRETARY
Raymond C.
Hitchcock
Miwok, Nisenan
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
CJTVOF
ESCALON
2060 McHenry Avenue
Escalon, CA 95320
lone Bancl of M(wok Indians
sa ra, Oulseh~e, Cihariperson
9252 Bush Street
Plymouth, ca. 95669
CITY OF ESCALON
DEVELOPMENT SERVICES
2060 McHenry Avenue ▪ Escalon, California 95320 ▪ Office 209.691-7422 Fax 209.691-7439 April 26, 2024
Northern Valley Yokut/Ohlone Tribe
Timothy Perez, Tribal Compliance Officer
P.O. Box 717
Linden, Ca. 95236
RE: AB 52 Tribal Cultural Resource Consultation, Murphy Ranch Specific Plan Dear Cultural Preservation Department,
The City of Escalon is considering approval of the approval of a Specific Plan to guide the development of two parcels, totaling 17.98 acres, which are proposed to be subdivided into 73 lots for single-family residential development. The project site is in unincorporated San Joaquin County adjacent to the western city limits of Escalon (see attached figures).
Your tribe has been identified as a possible interested party in this project by the Native American Heritage Commission (NAHC) in a letter related to a separate Escalon project dated January 12, 2024 (copy attached).
California Assembly Bill 52 (AB52) requires that CEQ Lead Agencies notify tribes that have requested AB52 notification of any project that the tribe may request consultation. No known tribes have requested notification from the City of Escalon. The City has, however, decided to provide this notification to potentiallyinterested tribes identified by the NAHC.
The City of Escalon is the CEQA Lead Agency for the proposed project and hereby provides the tribe with notice. The tribe has 30 days from receipt of this letter to indicate if it wishes to consult on this project. If no response is received, it will be assumed that the tribe declines consultation.
Attached is a record search obtained from the Central California Information Center (CCIC) indicating there are no recorded resources of known sensitivity on or near the project site.
If the tribe desires to consult on this project, please send a written response to Diana Trejo, Assistant Planner, City of Escalon, 2060 McHenry Avenue, Escalon, CA 95320. In your response, please designate the lead contact person for this consultation, along with contact information. If you have any questions, please contact me at (209) 691-7422.
Sincerely,
Diana Trejo, Assistant Planner, City of Escalon
• Location Map
• CCIC Report
• NAHC Letter (Escalon Project)
BaseCamp
Figure 1-3
BaseCamp Environmental USGS MAP
PROJECT SITE
SOURCE: USGS Quadrangle Map, Avena CA , 2021
c:::s r-,, - ]:-
!E
:!Ji
~
r'\ 0,
irr, :,;j, 11"1'1 i:::i,
31 ::I:,
;.t)
0 S1 ~
::,.,
-.:i:;
~
~ - ...
~ •
6 ULL.REY AVE
CLOUG, AVE
Date: 8/10/2023 Records Search File #: 12627L
Project: Murphy Ranch, T2S R9E NW ¼
Section 5, APNs 225-040-28 & 225-040-29
Krista Simpson Invoice to: [email protected]
BaseCamp Environmental, Inc.
802 West Lodi Ave.
Lodi, CA 95240
209-224-8213 [email protected]
Dear Ms. Simpson:
We have conducted a non-confidential extended records search as per your request for the abovereferenced project area located on the Avena USGS 7.5-minute quadrangle map in San Joaquin County.
Search of our files includes review of our maps for the specific project area and the immediate vicinity of the project area, and review of the following:
National Register of Historic Places (NRHP)
California Register of Historical Resources (CRHR)
California Inventory of Historic Resources (1976)
California Historical Landmarks
California Points of Historical Interest listing
Office of Historic Preservation Built Environment Resource Directory (BERD) and the Archaeological Resources Directory (ARD)
Survey of Surveys (1989)
Caltrans State and Local Bridges Inventory
General Land Office Plats
Other pertinent historic data available at the CCaIC for each specific county The following details the results of the records search:
Prehistoric or historic resources within the project area:
• There are no formally recorded prehistoric or historic archaeological resources or historic buildings or structures within the project area.
• The General Land Office survey plat for T2S R9E (dated 1854) shows the NW ¼ of Section 5 divided into two parcels: 80.7 acres in the north half and 80 acres in the south half.
CENTRAL CALIFORNIA INFORMATION CENTER
California Historical Resources Information System
Department of Anthropology – California State University, Stanislaus One University Circle, Turlock, California 95382
(209) 667-3307
_____________________________________________________________________________________________ Alpine, Calaveras, Mariposa, Merced, San Joaquin, Stanislaus & Tuolumne Counties
• The General Land Office survey plat for T2S R9E (dated 1873) shows the NW ¼ of Section 5 divided into three parcels. The north half shows 40.39 acres on the west and
40.37 acres on the east, with 80 acres on the south half. • The Map of the County of San Joaquin, California (1883) shows Brennan Avenue and French Camp Road (aka SR 120/Yosemite Avenue), with John W. Jones the landowner in Section 5, T2S R9E at that time.
• The 1914 edition of the Avena USGS quadrangle references the railroad, Brennan Road, and French Camp Road/SR 120 alignments.
• The 1952 edition of the Avena USGS quadrangle also references two buildings within the project that would be 71 years in age (or older), considered as possible historical resources. We have no further information on file regarding these buildings.
Prehistoric or historic resources within the immediate vicinity of the project area: None has been formally reported to the Information Center.
Resources that are known to have value to local cultural groups: None has been formally reported to the Information Center.
Previous investigations within the project area: None has been formally reported to the Information Center.
Recommendations/Comments:
Please be advised that a historical resource is defined as a building, structure, object, prehistoric or historic archaeological site, or district possessing physical evidence of human activities over 45 years old. Since the project area has not been subject to previous investigations, there may be unidentified features involved in your project that are 45 years or older and considered as historical resources requiring further study and evaluation by a qualified professional of the appropriate discipline.
If the current project does not include ground disturbance, further study for archaeological resources is not recommended at this time. If ground disturbance is considered a part of the current project, we recommend further review for the possibility of identifying prehistoric or historic-era archaeological resources.
If the proposed project contains buildings or structures that meet the minimum age requirement (45 years in age or older) it is recommended that the resource/s be assessed by a professional familiar with architecture and history of the county. Review of the available historic
building/structure data has included only those sources listed above and should not be considered comprehensive.
If at any time you might require the services of a qualified professional the Statewide Referral List for Historical Resources Consultants is posted for your use on the internet at http://chrisinfo.org
If archaeological resources are encountered during project-related activities, work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources.
If human remains are discovered, California Health and Safety Code Section 7050.5 requires you to protect the discovery and notify the county coroner, who will determine if the find is Native American. If the remains are recognized as Native American, the coroner shall then notify the Native American Heritage Commission (NAHC). California Public Resources Code Section 5097.98 authorizes the NAHC to appoint a Most Likely Descendant (MLD) who will make recommendations for the treatment of the discovery.
Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the State Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area.
Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts.
The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System’s (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public.
Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law.
We thank you for contacting this office regarding historical resource preservation. Please let us know when we can be of further service. Thank you for sending the Access Agreement Short Form.
Note: Billing will be transmitted separately via email from the Financial Services office ($150.00), payable within 60 days of receipt of the invoice.
If you wish to include payment by Credit Card, you must wait to receive the official invoice from Financial Services so that you can reference the CMP # (Invoice Number), and then contact the link below:
https://commerce.cashnet.com/ANTHROPOLOGY
Sincerely,
E. A. Greathouse E. A. Greathouse, Coordinator
Central California Information Center
California Historical Resources Information System
* Invoice Request sent to: [email protected], CSU Stanislaus Financial Services
STATE OF CALIFORNIA Gavin Newsom, Governor
NATIVE AMERICAN HERITAGE COMMISSION
January 12, 2024
Diana Trejo
City of Escalon
Via Email to: [email protected]
Re: General Plan Amendment - Housing Element Update Project, San Joaquin County Dear Ms. Trejo:
A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.
Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.
If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.
If you have any questions or need additional information, please contact me at my email address: [email protected].
Sincerely,
Pricilla Torres-Fuentes
Cultural Resources Analyst
Attachment
CHAIRPERSON
Reginald Pagaling
Chumash
VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki
SECRETARY
Sara Dutschke
Miwok
PARLIAMENTARIAN
Wayne Nelson
Luiseño
COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan
COMMISSIONER
Stanley Rodriguez
Kumeyaay
COMMISSIONER
Laurena Bolden
Serrano
COMMISSIONER
Reid Milanovich
Cahuilla
COMMISSIONER
Vacant
EXECUTIVE SECRETARY
Raymond C.
Hitchcock
Miwok, Nisenan
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
CITY OF
ESCALO
2060 McHenry Avenue
Escal.on CA 95320
Northem Valley Yolcut/Ohlone Tribe
Timothy Perez, Tribal Compliance Officer
P.O. Sox 717
Linden, Ca. 95236
CITY OF ESCALON
DEVELOPMENT SERVICES
2060 McHenry Avenue ▪ Escalon, California 95320 ▪ Office 209.691-7422 Fax 209.691-7439 April 26, 2024
Tule River Indian Tribe
Joey Garfield, Tribal Archaeologist
P.O. Box 589
Porterville, Ca. 93258
RE: AB 52 Tribal Cultural Resource Consultation, Murphy Ranch Specific Plan Dear Cultural Preservation Department,
The City of Escalon is considering approval of the approval of a Specific Plan to guide the development of two parcels, totaling 17.98 acres, which are proposed to be subdivided into 73 lots for single-family residential development. The project site is in unincorporated San Joaquin County adjacent to the western city limits of Escalon (see attached figures).
Your tribe has been identified as a possible interested party in this project by the Native American Heritage Commission (NAHC) in a letter related to a separate Escalon project dated January 12, 2024 (copy attached).
California Assembly Bill 52 (AB52) requires that CEQ Lead Agencies notify tribes that have requested AB52 notification of any project that the tribe may request consultation. No known tribes have requested notification from the City of Escalon. The City has, however, decided to provide this notification to potentiallyinterested tribes identified by the NAHC.
The City of Escalon is the CEQA Lead Agency for the proposed project and hereby provides the tribe with notice. The tribe has 30 days from receipt of this letter to indicate if it wishes to consult on this project. If no response is received, it will be assumed that the tribe declines consultation.
Attached is a record search obtained from the Central California Information Center (CCIC) indicating there are no recorded resources of known sensitivity on or near the project site.
If the tribe desires to consult on this project, please send a written response to Diana Trejo, Assistant Planner, City of Escalon, 2060 McHenry Avenue, Escalon, CA 95320. In your response, please designate the lead contact person for this consultation, along with contact information. If you have any questions, please contact me at (209) 691-7422.
Sincerely,
Diana Trejo, Assistant Planner, City of Escalon
• Location Map
• CCIC Report
• NAHC Letter (Escalon Project)
BaseCamp
Figure 1-3
BaseCamp Environmental USGS MAP
PROJECT SITE
SOURCE: USGS Quadrangle Map, Avena CA , 2021
c:::s r-,, - ]:-
!E
:!Ji
~
r'\ 0,
irr, :,;j, 11"1'1 i:::i,
31 ::I:,
;.t)
0 S1 ~
::,.,
-.:i:;
~
~ - ...
~ •
6 ULL.REY AVE
CLOUG, AVE
Date: 8/10/2023 Records Search File #: 12627L
Project: Murphy Ranch, T2S R9E NW ¼
Section 5, APNs 225-040-28 & 225-040-29
Krista Simpson Invoice to: [email protected]
BaseCamp Environmental, Inc.
802 West Lodi Ave.
Lodi, CA 95240
209-224-8213 [email protected]
Dear Ms. Simpson:
We have conducted a non-confidential extended records search as per your request for the abovereferenced project area located on the Avena USGS 7.5-minute quadrangle map in San Joaquin County.
Search of our files includes review of our maps for the specific project area and the immediate vicinity of the project area, and review of the following:
National Register of Historic Places (NRHP)
California Register of Historical Resources (CRHR)
California Inventory of Historic Resources (1976)
California Historical Landmarks
California Points of Historical Interest listing
Office of Historic Preservation Built Environment Resource Directory (BERD) and the Archaeological Resources Directory (ARD)
Survey of Surveys (1989)
Caltrans State and Local Bridges Inventory
General Land Office Plats
Other pertinent historic data available at the CCaIC for each specific county The following details the results of the records search:
Prehistoric or historic resources within the project area:
• There are no formally recorded prehistoric or historic archaeological resources or historic buildings or structures within the project area.
• The General Land Office survey plat for T2S R9E (dated 1854) shows the NW ¼ of Section 5 divided into two parcels: 80.7 acres in the north half and 80 acres in the south half.
CENTRAL CALIFORNIA INFORMATION CENTER
California Historical Resources Information System
Department of Anthropology – California State University, Stanislaus One University Circle, Turlock, California 95382
(209) 667-3307
_____________________________________________________________________________________________ Alpine, Calaveras, Mariposa, Merced, San Joaquin, Stanislaus & Tuolumne Counties
• The General Land Office survey plat for T2S R9E (dated 1873) shows the NW ¼ of Section 5 divided into three parcels. The north half shows 40.39 acres on the west and
40.37 acres on the east, with 80 acres on the south half. • The Map of the County of San Joaquin, California (1883) shows Brennan Avenue and French Camp Road (aka SR 120/Yosemite Avenue), with John W. Jones the landowner in Section 5, T2S R9E at that time.
• The 1914 edition of the Avena USGS quadrangle references the railroad, Brennan Road, and French Camp Road/SR 120 alignments.
• The 1952 edition of the Avena USGS quadrangle also references two buildings within the project that would be 71 years in age (or older), considered as possible historical resources. We have no further information on file regarding these buildings.
Prehistoric or historic resources within the immediate vicinity of the project area: None has been formally reported to the Information Center.
Resources that are known to have value to local cultural groups: None has been formally reported to the Information Center.
Previous investigations within the project area: None has been formally reported to the Information Center.
Recommendations/Comments:
Please be advised that a historical resource is defined as a building, structure, object, prehistoric or historic archaeological site, or district possessing physical evidence of human activities over 45 years old. Since the project area has not been subject to previous investigations, there may be unidentified features involved in your project that are 45 years or older and considered as historical resources requiring further study and evaluation by a qualified professional of the appropriate discipline.
If the current project does not include ground disturbance, further study for archaeological resources is not recommended at this time. If ground disturbance is considered a part of the current project, we recommend further review for the possibility of identifying prehistoric or historic-era archaeological resources.
If the proposed project contains buildings or structures that meet the minimum age requirement (45 years in age or older) it is recommended that the resource/s be assessed by a professional familiar with architecture and history of the county. Review of the available historic
building/structure data has included only those sources listed above and should not be considered comprehensive.
If at any time you might require the services of a qualified professional the Statewide Referral List for Historical Resources Consultants is posted for your use on the internet at http://chrisinfo.org
If archaeological resources are encountered during project-related activities, work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources.
If human remains are discovered, California Health and Safety Code Section 7050.5 requires you to protect the discovery and notify the county coroner, who will determine if the find is Native American. If the remains are recognized as Native American, the coroner shall then notify the Native American Heritage Commission (NAHC). California Public Resources Code Section 5097.98 authorizes the NAHC to appoint a Most Likely Descendant (MLD) who will make recommendations for the treatment of the discovery.
Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the State Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area.
Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts.
The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System’s (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public.
Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law.
We thank you for contacting this office regarding historical resource preservation. Please let us know when we can be of further service. Thank you for sending the Access Agreement Short Form.
Note: Billing will be transmitted separately via email from the Financial Services office ($150.00), payable within 60 days of receipt of the invoice.
If you wish to include payment by Credit Card, you must wait to receive the official invoice from Financial Services so that you can reference the CMP # (Invoice Number), and then contact the link below:
https://commerce.cashnet.com/ANTHROPOLOGY
Sincerely,
E. A. Greathouse E. A. Greathouse, Coordinator
Central California Information Center
California Historical Resources Information System
* Invoice Request sent to: [email protected], CSU Stanislaus Financial Services
STATE OF CALIFORNIA Gavin Newsom, Governor
NATIVE AMERICAN HERITAGE COMMISSION
January 12, 2024
Diana Trejo
City of Escalon
Via Email to: [email protected]
Re: General Plan Amendment - Housing Element Update Project, San Joaquin County Dear Ms. Trejo:
A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.
Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.
If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.
If you have any questions or need additional information, please contact me at my email address: [email protected].
Sincerely,
Pricilla Torres-Fuentes
Cultural Resources Analyst
Attachment
CHAIRPERSON
Reginald Pagaling
Chumash
VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki
SECRETARY
Sara Dutschke
Miwok
PARLIAMENTARIAN
Wayne Nelson
Luiseño
COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan
COMMISSIONER
Stanley Rodriguez
Kumeyaay
COMMISSIONER
Laurena Bolden
Serrano
COMMISSIONER
Reid Milanovich
Cahuilla
COMMISSIONER
Vacant
EXECUTIVE SECRETARY
Raymond C.
Hitchcock
Miwok, Nisenan
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
CITYOF
ESCALON
2060 McHenry Avenue
Escalon,. CA 95320
11:119;; 1uver 111aian 1llDe
Joey Ga rliel'd, Tribaj Archaeolog1st
P.O. Box 589
Port,ervi 11 e, ca. 93258
RIE: AB S:2 Tribal Cu!tura1I R@i<Jurce Consultation, Murphy Ranch Spp
CITY OF ESCALON
DEVELOPMENT SERVICES
2060 McHenry Avenue ▪ Escalon, California 95320 ▪ Office 209.691-7422 Fax 209.691-7439 April 26, 2024
Tule River Indian Tribe
Neil Peyron, Chairperson
P.O. Box 589
Porterville, Ca. 93258
RE: AB 52 Tribal Cultural Resource Consultation, Murphy Ranch Specific Plan Dear Cultural Preservation Department,
The City of Escalon is considering approval of the approval of a Specific Plan to guide the development of two parcels, totaling 17.98 acres, which are proposed to be subdivided into 73 lots for single-family residential development. The project site is in unincorporated San Joaquin County adjacent to the western city limits of Escalon (see attached figures).
Your tribe has been identified as a possible interested party in this project by the Native American Heritage Commission (NAHC) in a letter related to a separate Escalon project dated January 12, 2024 (copy attached).
California Assembly Bill 52 (AB52) requires that CEQ Lead Agencies notify tribes that have requested AB52 notification of any project that the tribe may request consultation. No known tribes have requested notification from the City of Escalon. The City has, however, decided to provide this notification to potentiallyinterested tribes identified by the NAHC.
The City of Escalon is the CEQA Lead Agency for the proposed project and hereby provides the tribe with notice. The tribe has 30 days from receipt of this letter to indicate if it wishes to consult on this project. If no response is received, it will be assumed that the tribe declines consultation.
Attached is a record search obtained from the Central California Information Center (CCIC) indicating there are no recorded resources of known sensitivity on or near the project site.
If the tribe desires to consult on this project, please send a written response to Diana Trejo, Assistant Planner, City of Escalon, 2060 McHenry Avenue, Escalon, CA 95320. In your response, please designate the lead contact person for this consultation, along with contact information. If you have any questions, please contact me at (209) 691-7422.
Sincerely,
Diana Trejo, Assistant Planner, City of Escalon
• Location Map
• CCIC Report
• NAHC Letter (Escalon Project)
BaseCamp
Figure 1-3
BaseCamp Environmental USGS MAP
PROJECT SITE
SOURCE: USGS Quadrangle Map, Avena CA , 2021
c:::s r-,, - ]:-
!E
:!Ji
~
r'\ 0,
irr, :,;j, 11"1'1 i:::i,
31 ::I:,
;.t)
0 S1 ~
::,.,
-.:i:;
~
~ - ...
~ •
6 ULL.REY AVE
CLOUG, AVE
Date: 8/10/2023 Records Search File #: 12627L
Project: Murphy Ranch, T2S R9E NW ¼
Section 5, APNs 225-040-28 & 225-040-29
Krista Simpson Invoice to: [email protected]
BaseCamp Environmental, Inc.
802 West Lodi Ave.
Lodi, CA 95240
209-224-8213 [email protected]
Dear Ms. Simpson:
We have conducted a non-confidential extended records search as per your request for the abovereferenced project area located on the Avena USGS 7.5-minute quadrangle map in San Joaquin County.
Search of our files includes review of our maps for the specific project area and the immediate vicinity of the project area, and review of the following:
National Register of Historic Places (NRHP)
California Register of Historical Resources (CRHR)
California Inventory of Historic Resources (1976)
California Historical Landmarks
California Points of Historical Interest listing
Office of Historic Preservation Built Environment Resource Directory (BERD) and the Archaeological Resources Directory (ARD)
Survey of Surveys (1989)
Caltrans State and Local Bridges Inventory
General Land Office Plats
Other pertinent historic data available at the CCaIC for each specific county The following details the results of the records search:
Prehistoric or historic resources within the project area:
• There are no formally recorded prehistoric or historic archaeological resources or historic buildings or structures within the project area.
• The General Land Office survey plat for T2S R9E (dated 1854) shows the NW ¼ of Section 5 divided into two parcels: 80.7 acres in the north half and 80 acres in the south half.
CENTRAL CALIFORNIA INFORMATION CENTER
California Historical Resources Information System
Department of Anthropology – California State University, Stanislaus One University Circle, Turlock, California 95382
(209) 667-3307
_____________________________________________________________________________________________ Alpine, Calaveras, Mariposa, Merced, San Joaquin, Stanislaus & Tuolumne Counties
• The General Land Office survey plat for T2S R9E (dated 1873) shows the NW ¼ of Section 5 divided into three parcels. The north half shows 40.39 acres on the west and
40.37 acres on the east, with 80 acres on the south half. • The Map of the County of San Joaquin, California (1883) shows Brennan Avenue and French Camp Road (aka SR 120/Yosemite Avenue), with John W. Jones the landowner in Section 5, T2S R9E at that time.
• The 1914 edition of the Avena USGS quadrangle references the railroad, Brennan Road, and French Camp Road/SR 120 alignments.
• The 1952 edition of the Avena USGS quadrangle also references two buildings within the project that would be 71 years in age (or older), considered as possible historical resources. We have no further information on file regarding these buildings.
Prehistoric or historic resources within the immediate vicinity of the project area: None has been formally reported to the Information Center.
Resources that are known to have value to local cultural groups: None has been formally reported to the Information Center.
Previous investigations within the project area: None has been formally reported to the Information Center.
Recommendations/Comments:
Please be advised that a historical resource is defined as a building, structure, object, prehistoric or historic archaeological site, or district possessing physical evidence of human activities over 45 years old. Since the project area has not been subject to previous investigations, there may be unidentified features involved in your project that are 45 years or older and considered as historical resources requiring further study and evaluation by a qualified professional of the appropriate discipline.
If the current project does not include ground disturbance, further study for archaeological resources is not recommended at this time. If ground disturbance is considered a part of the current project, we recommend further review for the possibility of identifying prehistoric or historic-era archaeological resources.
If the proposed project contains buildings or structures that meet the minimum age requirement (45 years in age or older) it is recommended that the resource/s be assessed by a professional familiar with architecture and history of the county. Review of the available historic
building/structure data has included only those sources listed above and should not be considered comprehensive.
If at any time you might require the services of a qualified professional the Statewide Referral List for Historical Resources Consultants is posted for your use on the internet at http://chrisinfo.org
If archaeological resources are encountered during project-related activities, work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources.
If human remains are discovered, California Health and Safety Code Section 7050.5 requires you to protect the discovery and notify the county coroner, who will determine if the find is Native American. If the remains are recognized as Native American, the coroner shall then notify the Native American Heritage Commission (NAHC). California Public Resources Code Section 5097.98 authorizes the NAHC to appoint a Most Likely Descendant (MLD) who will make recommendations for the treatment of the discovery.
Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the State Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area.
Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts.
The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System’s (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public.
Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law.
We thank you for contacting this office regarding historical resource preservation. Please let us know when we can be of further service. Thank you for sending the Access Agreement Short Form.
Note: Billing will be transmitted separately via email from the Financial Services office ($150.00), payable within 60 days of receipt of the invoice.
If you wish to include payment by Credit Card, you must wait to receive the official invoice from Financial Services so that you can reference the CMP # (Invoice Number), and then contact the link below:
https://commerce.cashnet.com/ANTHROPOLOGY
Sincerely,
E. A. Greathouse E. A. Greathouse, Coordinator
Central California Information Center
California Historical Resources Information System
* Invoice Request sent to: [email protected], CSU Stanislaus Financial Services
STATE OF CALIFORNIA Gavin Newsom, Governor
NATIVE AMERICAN HERITAGE COMMISSION
January 12, 2024
Diana Trejo
City of Escalon
Via Email to: [email protected]
Re: General Plan Amendment - Housing Element Update Project, San Joaquin County Dear Ms. Trejo:
A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.
Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.
If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.
If you have any questions or need additional information, please contact me at my email address: [email protected].
Sincerely,
Pricilla Torres-Fuentes
Cultural Resources Analyst
Attachment
CHAIRPERSON
Reginald Pagaling
Chumash
VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki
SECRETARY
Sara Dutschke
Miwok
PARLIAMENTARIAN
Wayne Nelson
Luiseño
COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan
COMMISSIONER
Stanley Rodriguez
Kumeyaay
COMMISSIONER
Laurena Bolden
Serrano
COMMISSIONER
Reid Milanovich
Cahuilla
COMMISSIONER
Vacant
EXECUTIVE SECRETARY
Raymond C.
Hitchcock
Miwok, Nisenan
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
ClTYOF
ESCALON
2060 McHenry Avenu
Esca]on CA 95320
Tule Rivet Indian Tribe
Nell Peyron, Ch alrperson
1 P.O. Box !i89'
Porterville, Ca. 932 58
:
CITY OF ESCALON
DEVELOPMENT SERVICES
2060 McHenry Avenue ▪ Escalon, California 95320 ▪ Office 209.691-7422 Fax 209.691-7439 April 26, 2024
Tule River Indian Tribe
Kerri Vera, Environmental Department
P.O. Box 589
Porterville, Ca. 93258
RE: AB 52 Tribal Cultural Resource Consultation, Murphy Ranch Specific Plan Dear Cultural Preservation Department,
The City of Escalon is considering approval of the approval of a Specific Plan to guide the development of two parcels, totaling 17.98 acres, which are proposed to be subdivided into 73 lots for single-family residential development. The project site is in unincorporated San Joaquin County adjacent to the western city limits of Escalon (see attached figures).
Your tribe has been identified as a possible interested party in this project by the Native American Heritage Commission (NAHC) in a letter related to a separate Escalon project dated January 12, 2024 (copy attached).
California Assembly Bill 52 (AB52) requires that CEQ Lead Agencies notify tribes that have requested AB52 notification of any project that the tribe may request consultation. No known tribes have requested notification from the City of Escalon. The City has, however, decided to provide this notification to potentiallyinterested tribes identified by the NAHC.
The City of Escalon is the CEQA Lead Agency for the proposed project and hereby provides the tribe with notice. The tribe has 30 days from receipt of this letter to indicate if it wishes to consult on this project. If no response is received, it will be assumed that the tribe declines consultation.
Attached is a record search obtained from the Central California Information Center (CCIC) indicating there are no recorded resources of known sensitivity on or near the project site.
If the tribe desires to consult on this project, please send a written response to Diana Trejo, Assistant Planner, City of Escalon, 2060 McHenry Avenue, Escalon, CA 95320. In your response, please designate the lead contact person for this consultation, along with contact information. If you have any questions, please contact me at (209) 691-7422.
Sincerely,
Diana Trejo, Assistant Planner, City of Escalon
• Location Map
• CCIC Report
• NAHC Letter (Escalon Project)
BaseCamp
Figure 1-3
BaseCamp Environmental USGS MAP
PROJECT SITE
SOURCE: USGS Quadrangle Map, Avena CA , 2021
c:::s r-,, - ]:-
!E
:!Ji
~
r'\ 0,
irr, :,;j, 11"1'1 i:::i,
31 ::I:,
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-.:i:;
~
~ - ...
~ •
6 ULL.REY AVE
CLOUG, AVE
Date: 8/10/2023 Records Search File #: 12627L
Project: Murphy Ranch, T2S R9E NW ¼
Section 5, APNs 225-040-28 & 225-040-29
Krista Simpson Invoice to: [email protected]
BaseCamp Environmental, Inc.
802 West Lodi Ave.
Lodi, CA 95240
209-224-8213 [email protected]
Dear Ms. Simpson:
We have conducted a non-confidential extended records search as per your request for the abovereferenced project area located on the Avena USGS 7.5-minute quadrangle map in San Joaquin County.
Search of our files includes review of our maps for the specific project area and the immediate vicinity of the project area, and review of the following:
National Register of Historic Places (NRHP)
California Register of Historical Resources (CRHR)
California Inventory of Historic Resources (1976)
California Historical Landmarks
California Points of Historical Interest listing
Office of Historic Preservation Built Environment Resource Directory (BERD) and the Archaeological Resources Directory (ARD)
Survey of Surveys (1989)
Caltrans State and Local Bridges Inventory
General Land Office Plats
Other pertinent historic data available at the CCaIC for each specific county The following details the results of the records search:
Prehistoric or historic resources within the project area:
• There are no formally recorded prehistoric or historic archaeological resources or historic buildings or structures within the project area.
• The General Land Office survey plat for T2S R9E (dated 1854) shows the NW ¼ of Section 5 divided into two parcels: 80.7 acres in the north half and 80 acres in the south half.
CENTRAL CALIFORNIA INFORMATION CENTER
California Historical Resources Information System
Department of Anthropology – California State University, Stanislaus One University Circle, Turlock, California 95382
(209) 667-3307
_____________________________________________________________________________________________ Alpine, Calaveras, Mariposa, Merced, San Joaquin, Stanislaus & Tuolumne Counties
• The General Land Office survey plat for T2S R9E (dated 1873) shows the NW ¼ of Section 5 divided into three parcels. The north half shows 40.39 acres on the west and
40.37 acres on the east, with 80 acres on the south half. • The Map of the County of San Joaquin, California (1883) shows Brennan Avenue and French Camp Road (aka SR 120/Yosemite Avenue), with John W. Jones the landowner in Section 5, T2S R9E at that time.
• The 1914 edition of the Avena USGS quadrangle references the railroad, Brennan Road, and French Camp Road/SR 120 alignments.
• The 1952 edition of the Avena USGS quadrangle also references two buildings within the project that would be 71 years in age (or older), considered as possible historical resources. We have no further information on file regarding these buildings.
Prehistoric or historic resources within the immediate vicinity of the project area: None has been formally reported to the Information Center.
Resources that are known to have value to local cultural groups: None has been formally reported to the Information Center.
Previous investigations within the project area: None has been formally reported to the Information Center.
Recommendations/Comments:
Please be advised that a historical resource is defined as a building, structure, object, prehistoric or historic archaeological site, or district possessing physical evidence of human activities over 45 years old. Since the project area has not been subject to previous investigations, there may be unidentified features involved in your project that are 45 years or older and considered as historical resources requiring further study and evaluation by a qualified professional of the appropriate discipline.
If the current project does not include ground disturbance, further study for archaeological resources is not recommended at this time. If ground disturbance is considered a part of the current project, we recommend further review for the possibility of identifying prehistoric or historic-era archaeological resources.
If the proposed project contains buildings or structures that meet the minimum age requirement (45 years in age or older) it is recommended that the resource/s be assessed by a professional familiar with architecture and history of the county. Review of the available historic
building/structure data has included only those sources listed above and should not be considered comprehensive.
If at any time you might require the services of a qualified professional the Statewide Referral List for Historical Resources Consultants is posted for your use on the internet at http://chrisinfo.org
If archaeological resources are encountered during project-related activities, work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources.
If human remains are discovered, California Health and Safety Code Section 7050.5 requires you to protect the discovery and notify the county coroner, who will determine if the find is Native American. If the remains are recognized as Native American, the coroner shall then notify the Native American Heritage Commission (NAHC). California Public Resources Code Section 5097.98 authorizes the NAHC to appoint a Most Likely Descendant (MLD) who will make recommendations for the treatment of the discovery.
Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the State Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area.
Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts.
The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System’s (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public.
Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law.
We thank you for contacting this office regarding historical resource preservation. Please let us know when we can be of further service. Thank you for sending the Access Agreement Short Form.
Note: Billing will be transmitted separately via email from the Financial Services office ($150.00), payable within 60 days of receipt of the invoice.
If you wish to include payment by Credit Card, you must wait to receive the official invoice from Financial Services so that you can reference the CMP # (Invoice Number), and then contact the link below:
https://commerce.cashnet.com/ANTHROPOLOGY
Sincerely,
E. A. Greathouse E. A. Greathouse, Coordinator
Central California Information Center
California Historical Resources Information System
* Invoice Request sent to: [email protected], CSU Stanislaus Financial Services
STATE OF CALIFORNIA Gavin Newsom, Governor
NATIVE AMERICAN HERITAGE COMMISSION
January 12, 2024
Diana Trejo
City of Escalon
Via Email to: [email protected]
Re: General Plan Amendment - Housing Element Update Project, San Joaquin County Dear Ms. Trejo:
A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.
Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.
If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.
If you have any questions or need additional information, please contact me at my email address: [email protected].
Sincerely,
Pricilla Torres-Fuentes
Cultural Resources Analyst
Attachment
CHAIRPERSON
Reginald Pagaling
Chumash
VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki
SECRETARY
Sara Dutschke
Miwok
PARLIAMENTARIAN
Wayne Nelson
Luiseño
COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan
COMMISSIONER
Stanley Rodriguez
Kumeyaay
COMMISSIONER
Laurena Bolden
Serrano
COMMISSIONER
Reid Milanovich
Cahuilla
COMMISSIONER
Vacant
EXECUTIVE SECRETARY
Raymond C.
Hitchcock
Miwok, Nisenan
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
CITY OF
ESCALON
2060 McHenry Avenue
Escaton, CA 95320
Tule River jndi:an Tribe
Kerri Vera, Environmental Oepartment
PO. 80:it 589!
Porterville, Ca. 93,258
CITY OF ESCALON
DEVELOPMENT SERVICES
2060 McHenry Avenue ▪ Escalon, California 95320 ▪ Office 209.691-7422 Fax 209.691-7439 April 26, 2024
Wilton Rancheria
Dahlton Brown, Executive Director of Administration
9728 Kent Street
Elk Grove, Ca. 95624
RE: AB 52 Tribal Cultural Resource Consultation, Murphy Ranch Specific Plan Dear Cultural Preservation Department,
The City of Escalon is considering approval of the approval of a Specific Plan to guide the development of two parcels, totaling 17.98 acres, which are proposed to be subdivided into 73 lots for single-family residential development. The project site is in unincorporated San Joaquin County adjacent to the western city limits of Escalon (see attached figures).
Your tribe has been identified as a possible interested party in this project by the Native American Heritage Commission (NAHC) in a letter related to a separate Escalon project dated January 12, 2024 (copy attached).
California Assembly Bill 52 (AB52) requires that CEQ Lead Agencies notify tribes that have requested AB52 notification of any project that the tribe may request consultation. No known tribes have requested notification from the City of Escalon. The City has, however, decided to provide this notification to potentiallyinterested tribes identified by the NAHC.
The City of Escalon is the CEQA Lead Agency for the proposed project and hereby provides the tribe with notice. The tribe has 30 days from receipt of this letter to indicate if it wishes to consult on this project. If no response is received, it will be assumed that the tribe declines consultation.
Attached is a record search obtained from the Central California Information Center (CCIC) indicating there are no recorded resources of known sensitivity on or near the project site.
If the tribe desires to consult on this project, please send a written response to Diana Trejo, Assistant Planner, City of Escalon, 2060 McHenry Avenue, Escalon, CA 95320. In your response, please designate the lead contact person for this consultation, along with contact information. If you have any questions, please contact me at (209) 691-7422.
Sincerely,
Diana Trejo, Assistant Planner, City of Escalon
• Location Map
• CCIC Report
• NAHC Letter (Escalon Project)
BaseCamp
Figure 1-3
BaseCamp Environmental USGS MAP
PROJECT SITE
SOURCE: USGS Quadrangle Map, Avena CA , 2021
c:::s r-,, - ]:-
!E
:!Ji
~
r'\ 0,
irr, :,;j, 11"1'1 i:::i,
31 ::I:,
;.t)
0 S1 ~
::,.,
-.:i:;
~
~ - ...
~ •
6 ULL.REY AVE
CLOUG, AVE
Date: 8/10/2023 Records Search File #: 12627L
Project: Murphy Ranch, T2S R9E NW ¼
Section 5, APNs 225-040-28 & 225-040-29
Krista Simpson Invoice to: [email protected]
BaseCamp Environmental, Inc.
802 West Lodi Ave.
Lodi, CA 95240
209-224-8213 [email protected]
Dear Ms. Simpson:
We have conducted a non-confidential extended records search as per your request for the abovereferenced project area located on the Avena USGS 7.5-minute quadrangle map in San Joaquin County.
Search of our files includes review of our maps for the specific project area and the immediate vicinity of the project area, and review of the following:
National Register of Historic Places (NRHP)
California Register of Historical Resources (CRHR)
California Inventory of Historic Resources (1976)
California Historical Landmarks
California Points of Historical Interest listing
Office of Historic Preservation Built Environment Resource Directory (BERD) and the Archaeological Resources Directory (ARD)
Survey of Surveys (1989)
Caltrans State and Local Bridges Inventory
General Land Office Plats
Other pertinent historic data available at the CCaIC for each specific county The following details the results of the records search:
Prehistoric or historic resources within the project area:
• There are no formally recorded prehistoric or historic archaeological resources or historic buildings or structures within the project area.
• The General Land Office survey plat for T2S R9E (dated 1854) shows the NW ¼ of Section 5 divided into two parcels: 80.7 acres in the north half and 80 acres in the south half.
CENTRAL CALIFORNIA INFORMATION CENTER
California Historical Resources Information System
Department of Anthropology – California State University, Stanislaus One University Circle, Turlock, California 95382
(209) 667-3307
_____________________________________________________________________________________________ Alpine, Calaveras, Mariposa, Merced, San Joaquin, Stanislaus & Tuolumne Counties
• The General Land Office survey plat for T2S R9E (dated 1873) shows the NW ¼ of Section 5 divided into three parcels. The north half shows 40.39 acres on the west and
40.37 acres on the east, with 80 acres on the south half. • The Map of the County of San Joaquin, California (1883) shows Brennan Avenue and French Camp Road (aka SR 120/Yosemite Avenue), with John W. Jones the landowner in Section 5, T2S R9E at that time.
• The 1914 edition of the Avena USGS quadrangle references the railroad, Brennan Road, and French Camp Road/SR 120 alignments.
• The 1952 edition of the Avena USGS quadrangle also references two buildings within the project that would be 71 years in age (or older), considered as possible historical resources. We have no further information on file regarding these buildings.
Prehistoric or historic resources within the immediate vicinity of the project area: None has been formally reported to the Information Center.
Resources that are known to have value to local cultural groups: None has been formally reported to the Information Center.
Previous investigations within the project area: None has been formally reported to the Information Center.
Recommendations/Comments:
Please be advised that a historical resource is defined as a building, structure, object, prehistoric or historic archaeological site, or district possessing physical evidence of human activities over 45 years old. Since the project area has not been subject to previous investigations, there may be unidentified features involved in your project that are 45 years or older and considered as historical resources requiring further study and evaluation by a qualified professional of the appropriate discipline.
If the current project does not include ground disturbance, further study for archaeological resources is not recommended at this time. If ground disturbance is considered a part of the current project, we recommend further review for the possibility of identifying prehistoric or historic-era archaeological resources.
If the proposed project contains buildings or structures that meet the minimum age requirement (45 years in age or older) it is recommended that the resource/s be assessed by a professional familiar with architecture and history of the county. Review of the available historic
building/structure data has included only those sources listed above and should not be considered comprehensive.
If at any time you might require the services of a qualified professional the Statewide Referral List for Historical Resources Consultants is posted for your use on the internet at http://chrisinfo.org
If archaeological resources are encountered during project-related activities, work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources.
If human remains are discovered, California Health and Safety Code Section 7050.5 requires you to protect the discovery and notify the county coroner, who will determine if the find is Native American. If the remains are recognized as Native American, the coroner shall then notify the Native American Heritage Commission (NAHC). California Public Resources Code Section 5097.98 authorizes the NAHC to appoint a Most Likely Descendant (MLD) who will make recommendations for the treatment of the discovery.
Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the State Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area.
Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts.
The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System’s (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public.
Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law.
We thank you for contacting this office regarding historical resource preservation. Please let us know when we can be of further service. Thank you for sending the Access Agreement Short Form.
Note: Billing will be transmitted separately via email from the Financial Services office ($150.00), payable within 60 days of receipt of the invoice.
If you wish to include payment by Credit Card, you must wait to receive the official invoice from Financial Services so that you can reference the CMP # (Invoice Number), and then contact the link below:
https://commerce.cashnet.com/ANTHROPOLOGY
Sincerely,
E. A. Greathouse E. A. Greathouse, Coordinator
Central California Information Center
California Historical Resources Information System
* Invoice Request sent to: [email protected], CSU Stanislaus Financial Services
STATE OF CALIFORNIA Gavin Newsom, Governor
NATIVE AMERICAN HERITAGE COMMISSION
January 12, 2024
Diana Trejo
City of Escalon
Via Email to: [email protected]
Re: General Plan Amendment - Housing Element Update Project, San Joaquin County Dear Ms. Trejo:
A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.
Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.
If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.
If you have any questions or need additional information, please contact me at my email address: [email protected].
Sincerely,
Pricilla Torres-Fuentes
Cultural Resources Analyst
Attachment
CHAIRPERSON
Reginald Pagaling
Chumash
VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki
SECRETARY
Sara Dutschke
Miwok
PARLIAMENTARIAN
Wayne Nelson
Luiseño
COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan
COMMISSIONER
Stanley Rodriguez
Kumeyaay
COMMISSIONER
Laurena Bolden
Serrano
COMMISSIONER
Reid Milanovich
Cahuilla
COMMISSIONER
Vacant
EXECUTIVE SECRETARY
Raymond C.
Hitchcock
Miwok, Nisenan
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
CITY OF
ESCALON
2060 McHenry Avenue
Escalon, CA 95320
Wilton RancherJa
Dahlton Brown, Eicecutive Director of Administration
9728 Kent Street
Elk Grove, C.a. 9S624
r:-:\tS Pas,.~
o~~ ,_ ~
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-l"IT,111.PY OWis
~~)..~Cl, 02 IP 00.64° • • 000093 S5 APR 215 2024
ru:::::....:.m:..:11C11111:· 1,\AILED FRO. ZlP COOE 9'i320
CITY OF ESCALON
DEVELOPMENT SERVICES
2060 McHenry Avenue ▪ Escalon, California 95320 ▪ Office 209.691-7422 Fax 209.691-7439 April 26, 2024
Wilton Rancheria
Cultural Preservation Department
9728 Kent Street
Elk Grove, Ca. 95624
RE: AB 52 Tribal Cultural Resource Consultation, Murphy Ranch Specific Plan Dear Cultural Preservation Department,
The City of Escalon is considering approval of the approval of a Specific Plan to guide the development of two parcels, totaling 17.98 acres, which are proposed to be subdivided into 73 lots for single-family residential development. The project site is in unincorporated San Joaquin County adjacent to the western city limits of Escalon (see attached figures).
Your tribe has been identified as a possible interested party in this project by the Native American Heritage Commission (NAHC) in a letter related to a separate Escalon project dated January 12, 2024 (copy attached).
California Assembly Bill 52 (AB52) requires that CEQ Lead Agencies notify tribes that have requested AB52 notification of any project that the tribe may request consultation. No known tribes have requested notification from the City of Escalon. The City has, however, decided to provide this notification to potentiallyinterested tribes identified by the NAHC.
The City of Escalon is the CEQA Lead Agency for the proposed project and hereby provides the tribe with notice. The tribe has 30 days from receipt of this letter to indicate if it wishes to consult on this project. If no response is received, it will be assumed that the tribe declines consultation.
Attached is a record search obtained from the Central California Information Center (CCIC) indicating there are no recorded resources of known sensitivity on or near the project site.
If the tribe desires to consult on this project, please send a written response to Diana Trejo, Assistant Planner, City of Escalon, 2060 McHenry Avenue, Escalon, CA 95320. In your response, please designate the lead contact person for this consultation, along with contact information. If you have any questions, please contact me at (209) 691-7422.
Sincerely,
Diana Trejo, Assistant Planner, City of Escalon
• Location Map
• CCIC Report
• NAHC Letter (Escalon Project)
BaseCamp
Figure 1-3
BaseCamp Environmental USGS MAP
PROJECT SITE
SOURCE: USGS Quadrangle Map, Avena CA , 2021
c:::s r-,, - ]:-
!E
:!Ji
~
r'\ 0,
irr, :,;j, 11"1'1 i:::i,
31 ::I:,
;.t)
0 S1 ~
::,.,
-.:i:;
~
~ - ...
~ •
6 ULL.REY AVE
CLOUG, AVE
Date: 8/10/2023 Records Search File #: 12627L
Project: Murphy Ranch, T2S R9E NW ¼
Section 5, APNs 225-040-28 & 225-040-29
Krista Simpson Invoice to: [email protected]
BaseCamp Environmental, Inc.
802 West Lodi Ave.
Lodi, CA 95240
209-224-8213 [email protected]
Dear Ms. Simpson:
We have conducted a non-confidential extended records search as per your request for the abovereferenced project area located on the Avena USGS 7.5-minute quadrangle map in San Joaquin County.
Search of our files includes review of our maps for the specific project area and the immediate vicinity of the project area, and review of the following:
National Register of Historic Places (NRHP)
California Register of Historical Resources (CRHR)
California Inventory of Historic Resources (1976)
California Historical Landmarks
California Points of Historical Interest listing
Office of Historic Preservation Built Environment Resource Directory (BERD) and the Archaeological Resources Directory (ARD)
Survey of Surveys (1989)
Caltrans State and Local Bridges Inventory
General Land Office Plats
Other pertinent historic data available at the CCaIC for each specific county The following details the results of the records search:
Prehistoric or historic resources within the project area:
• There are no formally recorded prehistoric or historic archaeological resources or historic buildings or structures within the project area.
• The General Land Office survey plat for T2S R9E (dated 1854) shows the NW ¼ of Section 5 divided into two parcels: 80.7 acres in the north half and 80 acres in the south half.
CENTRAL CALIFORNIA INFORMATION CENTER
California Historical Resources Information System
Department of Anthropology – California State University, Stanislaus One University Circle, Turlock, California 95382
(209) 667-3307
_____________________________________________________________________________________________ Alpine, Calaveras, Mariposa, Merced, San Joaquin, Stanislaus & Tuolumne Counties
• The General Land Office survey plat for T2S R9E (dated 1873) shows the NW ¼ of Section 5 divided into three parcels. The north half shows 40.39 acres on the west and
40.37 acres on the east, with 80 acres on the south half. • The Map of the County of San Joaquin, California (1883) shows Brennan Avenue and French Camp Road (aka SR 120/Yosemite Avenue), with John W. Jones the landowner in Section 5, T2S R9E at that time.
• The 1914 edition of the Avena USGS quadrangle references the railroad, Brennan Road, and French Camp Road/SR 120 alignments.
• The 1952 edition of the Avena USGS quadrangle also references two buildings within the project that would be 71 years in age (or older), considered as possible historical resources. We have no further information on file regarding these buildings.
Prehistoric or historic resources within the immediate vicinity of the project area: None has been formally reported to the Information Center.
Resources that are known to have value to local cultural groups: None has been formally reported to the Information Center.
Previous investigations within the project area: None has been formally reported to the Information Center.
Recommendations/Comments:
Please be advised that a historical resource is defined as a building, structure, object, prehistoric or historic archaeological site, or district possessing physical evidence of human activities over 45 years old. Since the project area has not been subject to previous investigations, there may be unidentified features involved in your project that are 45 years or older and considered as historical resources requiring further study and evaluation by a qualified professional of the appropriate discipline.
If the current project does not include ground disturbance, further study for archaeological resources is not recommended at this time. If ground disturbance is considered a part of the current project, we recommend further review for the possibility of identifying prehistoric or historic-era archaeological resources.
If the proposed project contains buildings or structures that meet the minimum age requirement (45 years in age or older) it is recommended that the resource/s be assessed by a professional familiar with architecture and history of the county. Review of the available historic
building/structure data has included only those sources listed above and should not be considered comprehensive.
If at any time you might require the services of a qualified professional the Statewide Referral List for Historical Resources Consultants is posted for your use on the internet at http://chrisinfo.org
If archaeological resources are encountered during project-related activities, work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources.
If human remains are discovered, California Health and Safety Code Section 7050.5 requires you to protect the discovery and notify the county coroner, who will determine if the find is Native American. If the remains are recognized as Native American, the coroner shall then notify the Native American Heritage Commission (NAHC). California Public Resources Code Section 5097.98 authorizes the NAHC to appoint a Most Likely Descendant (MLD) who will make recommendations for the treatment of the discovery.
Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the State Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area.
Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts.
The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System’s (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public.
Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law.
We thank you for contacting this office regarding historical resource preservation. Please let us know when we can be of further service. Thank you for sending the Access Agreement Short Form.
Note: Billing will be transmitted separately via email from the Financial Services office ($150.00), payable within 60 days of receipt of the invoice.
If you wish to include payment by Credit Card, you must wait to receive the official invoice from Financial Services so that you can reference the CMP # (Invoice Number), and then contact the link below:
https://commerce.cashnet.com/ANTHROPOLOGY
Sincerely,
E. A. Greathouse E. A. Greathouse, Coordinator
Central California Information Center
California Historical Resources Information System
* Invoice Request sent to: [email protected], CSU Stanislaus Financial Services
STATE OF CALIFORNIA Gavin Newsom, Governor
NATIVE AMERICAN HERITAGE COMMISSION
January 12, 2024
Diana Trejo
City of Escalon
Via Email to: [email protected]
Re: General Plan Amendment - Housing Element Update Project, San Joaquin County Dear Ms. Trejo:
A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.
Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.
If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.
If you have any questions or need additional information, please contact me at my email address: [email protected].
Sincerely,
Pricilla Torres-Fuentes
Cultural Resources Analyst
Attachment
CHAIRPERSON
Reginald Pagaling
Chumash
VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki
SECRETARY
Sara Dutschke
Miwok
PARLIAMENTARIAN
Wayne Nelson
Luiseño
COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan
COMMISSIONER
Stanley Rodriguez
Kumeyaay
COMMISSIONER
Laurena Bolden
Serrano
COMMISSIONER
Reid Milanovich
Cahuilla
COMMISSIONER
Vacant
EXECUTIVE SECRETARY
Raymond C.
Hitchcock
Miwok, Nisenan
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
CIT OF
ESCALO
2060 McHenry Avenue
Escalon) CA 95320
W: !ton Ra nc:h erfa
Cultural Preservation D partme11t
9728 Kent St1e t
EJ Grove, ca. 95624
CITY OF ESCALON
DEVELOPMENT SERVICES
2060 McHenry Avenue ▪ Escalon, California 95320 ▪ Office 209.691-7422 Fax 209.691-7439 April 26, 2024
Wilton Rancheria
Herbert Griffin, Executive Director of Cultural Preservation 9728 Kent Street
Elk Grove, Ca. 95624
RE: AB 52 Tribal Cultural Resource Consultation, Murphy Ranch Specific Plan Dear Cultural Preservation Department,
The City of Escalon is considering approval of the approval of a Specific Plan to guide the development of two parcels, totaling 17.98 acres, which are proposed to be subdivided into 73 lots for single-family residential development. The project site is in unincorporated San Joaquin County adjacent to the western city limits of Escalon (see attached figures).
Your tribe has been identified as a possible interested party in this project by the Native American Heritage Commission (NAHC) in a letter related to a separate Escalon project dated January 12, 2024 (copy attached).
California Assembly Bill 52 (AB52) requires that CEQ Lead Agencies notify tribes that have requested AB52 notification of any project that the tribe may request consultation. No known tribes have requested notification from the City of Escalon. The City has, however, decided to provide this notification to potentiallyinterested tribes identified by the NAHC.
The City of Escalon is the CEQA Lead Agency for the proposed project and hereby provides the tribe with notice. The tribe has 30 days from receipt of this letter to indicate if it wishes to consult on this project. If no response is received, it will be assumed that the tribe declines consultation.
Attached is a record search obtained from the Central California Information Center (CCIC) indicating there are no recorded resources of known sensitivity on or near the project site.
If the tribe desires to consult on this project, please send a written response to Diana Trejo, Assistant Planner, City of Escalon, 2060 McHenry Avenue, Escalon, CA 95320. In your response, please designate the lead contact person for this consultation, along with contact information. If you have any questions, please contact me at (209) 691-7422.
Sincerely,
Diana Trejo, Assistant Planner, City of Escalon
• Location Map
• CCIC Report
• NAHC Letter (Escalon Project)
BaseCamp
Figure 1-3
BaseCamp Environmental USGS MAP
PROJECT SITE
SOURCE: USGS Quadrangle Map, Avena CA , 2021
c:::s r-,, - ]:-
!E
:!Ji
~
r'\ 0,
irr, :,;j, 11"1'1 i:::i,
31 ::I:,
;.t)
0 S1 ~
::,.,
-.:i:;
~
~ - ...
~ •
6 ULL.REY AVE
CLOUG, AVE
Date: 8/10/2023 Records Search File #: 12627L
Project: Murphy Ranch, T2S R9E NW ¼
Section 5, APNs 225-040-28 & 225-040-29
Krista Simpson Invoice to: [email protected]
BaseCamp Environmental, Inc.
802 West Lodi Ave.
Lodi, CA 95240
209-224-8213 [email protected]
Dear Ms. Simpson:
We have conducted a non-confidential extended records search as per your request for the abovereferenced project area located on the Avena USGS 7.5-minute quadrangle map in San Joaquin County.
Search of our files includes review of our maps for the specific project area and the immediate vicinity of the project area, and review of the following:
National Register of Historic Places (NRHP)
California Register of Historical Resources (CRHR)
California Inventory of Historic Resources (1976)
California Historical Landmarks
California Points of Historical Interest listing
Office of Historic Preservation Built Environment Resource Directory (BERD) and the Archaeological Resources Directory (ARD)
Survey of Surveys (1989)
Caltrans State and Local Bridges Inventory
General Land Office Plats
Other pertinent historic data available at the CCaIC for each specific county The following details the results of the records search:
Prehistoric or historic resources within the project area:
• There are no formally recorded prehistoric or historic archaeological resources or historic buildings or structures within the project area.
• The General Land Office survey plat for T2S R9E (dated 1854) shows the NW ¼ of Section 5 divided into two parcels: 80.7 acres in the north half and 80 acres in the south half.
CENTRAL CALIFORNIA INFORMATION CENTER
California Historical Resources Information System
Department of Anthropology – California State University, Stanislaus One University Circle, Turlock, California 95382
(209) 667-3307
_____________________________________________________________________________________________ Alpine, Calaveras, Mariposa, Merced, San Joaquin, Stanislaus & Tuolumne Counties
• The General Land Office survey plat for T2S R9E (dated 1873) shows the NW ¼ of Section 5 divided into three parcels. The north half shows 40.39 acres on the west and
40.37 acres on the east, with 80 acres on the south half. • The Map of the County of San Joaquin, California (1883) shows Brennan Avenue and French Camp Road (aka SR 120/Yosemite Avenue), with John W. Jones the landowner in Section 5, T2S R9E at that time.
• The 1914 edition of the Avena USGS quadrangle references the railroad, Brennan Road, and French Camp Road/SR 120 alignments.
• The 1952 edition of the Avena USGS quadrangle also references two buildings within the project that would be 71 years in age (or older), considered as possible historical resources. We have no further information on file regarding these buildings.
Prehistoric or historic resources within the immediate vicinity of the project area: None has been formally reported to the Information Center.
Resources that are known to have value to local cultural groups: None has been formally reported to the Information Center.
Previous investigations within the project area: None has been formally reported to the Information Center.
Recommendations/Comments:
Please be advised that a historical resource is defined as a building, structure, object, prehistoric or historic archaeological site, or district possessing physical evidence of human activities over 45 years old. Since the project area has not been subject to previous investigations, there may be unidentified features involved in your project that are 45 years or older and considered as historical resources requiring further study and evaluation by a qualified professional of the appropriate discipline.
If the current project does not include ground disturbance, further study for archaeological resources is not recommended at this time. If ground disturbance is considered a part of the current project, we recommend further review for the possibility of identifying prehistoric or historic-era archaeological resources.
If the proposed project contains buildings or structures that meet the minimum age requirement (45 years in age or older) it is recommended that the resource/s be assessed by a professional familiar with architecture and history of the county. Review of the available historic
building/structure data has included only those sources listed above and should not be considered comprehensive.
If at any time you might require the services of a qualified professional the Statewide Referral List for Historical Resources Consultants is posted for your use on the internet at http://chrisinfo.org
If archaeological resources are encountered during project-related activities, work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources.
If human remains are discovered, California Health and Safety Code Section 7050.5 requires you to protect the discovery and notify the county coroner, who will determine if the find is Native American. If the remains are recognized as Native American, the coroner shall then notify the Native American Heritage Commission (NAHC). California Public Resources Code Section 5097.98 authorizes the NAHC to appoint a Most Likely Descendant (MLD) who will make recommendations for the treatment of the discovery.
Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the State Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area.
Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts.
The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System’s (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public.
Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law.
We thank you for contacting this office regarding historical resource preservation. Please let us know when we can be of further service. Thank you for sending the Access Agreement Short Form.
Note: Billing will be transmitted separately via email from the Financial Services office ($150.00), payable within 60 days of receipt of the invoice.
If you wish to include payment by Credit Card, you must wait to receive the official invoice from Financial Services so that you can reference the CMP # (Invoice Number), and then contact the link below:
https://commerce.cashnet.com/ANTHROPOLOGY
Sincerely,
E. A. Greathouse E. A. Greathouse, Coordinator
Central California Information Center
California Historical Resources Information System
* Invoice Request sent to: [email protected], CSU Stanislaus Financial Services
STATE OF CALIFORNIA Gavin Newsom, Governor
NATIVE AMERICAN HERITAGE COMMISSION
January 12, 2024
Diana Trejo
City of Escalon
Via Email to: [email protected]
Re: General Plan Amendment - Housing Element Update Project, San Joaquin County Dear Ms. Trejo:
A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.
Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.
If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.
If you have any questions or need additional information, please contact me at my email address: [email protected].
Sincerely,
Pricilla Torres-Fuentes
Cultural Resources Analyst
Attachment
CHAIRPERSON
Reginald Pagaling
Chumash
VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki
SECRETARY
Sara Dutschke
Miwok
PARLIAMENTARIAN
Wayne Nelson
Luiseño
COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan
COMMISSIONER
Stanley Rodriguez
Kumeyaay
COMMISSIONER
Laurena Bolden
Serrano
COMMISSIONER
Reid Milanovich
Cahuilla
COMMISSIONER
Vacant
EXECUTIVE SECRETARY
Raymond C.
Hitchcock
Miwok, Nisenan
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
CITY OF
ESCALON
2060 McHenry Avenue
Escalon, CA 95320
Wilton R.ancheria
Herb:ert Griffin, Executive Director of Cultural Prese.rvation 9728 Kent Street
£1k Grove, Ca. 95624
CITY OF ESCALON
DEVELOPMENT SERVICES
2060 McHenry Avenue ▪ Escalon, California 95320 ▪ Office 209.691-7422 Fax 209.691-7439 April 26, 2024
Wuksachi Indian Tribe/Eshom Valley Band
Kenneth Woodrow, Chairperson
1179 Rock Haven Ct.
Salinas, Ca. 93906
RE: AB 52 Tribal Cultural Resource Consultation, Murphy Ranch Specific Plan Dear Cultural Preservation Department,
The City of Escalon is considering approval of the approval of a Specific Plan to guide the development of two parcels, totaling 17.98 acres, which are proposed to be subdivided into 73 lots for single-family residential development. The project site is in unincorporated San Joaquin County adjacent to the western city limits of Escalon (see attached figures).
Your tribe has been identified as a possible interested party in this project by the Native American Heritage Commission (NAHC) in a letter related to a separate Escalon project dated January 12, 2024 (copy attached).
California Assembly Bill 52 (AB52) requires that CEQ Lead Agencies notify tribes that have requested AB52 notification of any project that the tribe may request consultation. No known tribes have requested notification from the City of Escalon. The City has, however, decided to provide this notification to potentiallyinterested tribes identified by the NAHC.
The City of Escalon is the CEQA Lead Agency for the proposed project and hereby provides the tribe with notice. The tribe has 30 days from receipt of this letter to indicate if it wishes to consult on this project. If no response is received, it will be assumed that the tribe declines consultation.
Attached is a record search obtained from the Central California Information Center (CCIC) indicating there are no recorded resources of known sensitivity on or near the project site.
If the tribe desires to consult on this project, please send a written response to Diana Trejo, Assistant Planner, City of Escalon, 2060 McHenry Avenue, Escalon, CA 95320. In your response, please designate the lead contact person for this consultation, along with contact information. If you have any questions, please contact me at (209) 691-7422.
Sincerely,
Diana Trejo, Assistant Planner, City of Escalon
• Location Map
• CCIC Report
• NAHC Letter (Escalon Project)
BaseCamp
Figure 1-3
BaseCamp Environmental USGS MAP
PROJECT SITE
SOURCE: USGS Quadrangle Map, Avena CA , 2021
c:::s r-,, - ]:-
!E
:!Ji
~
r'\ 0,
irr, :,;j, 11"1'1 i:::i,
31 ::I:,
;.t)
0 S1 ~
::,.,
-.:i:;
~
~ - ...
~ •
6 ULL.REY AVE
CLOUG, AVE
Date: 8/10/2023 Records Search File #: 12627L
Project: Murphy Ranch, T2S R9E NW ¼
Section 5, APNs 225-040-28 & 225-040-29
Krista Simpson Invoice to: [email protected]
BaseCamp Environmental, Inc.
802 West Lodi Ave.
Lodi, CA 95240
209-224-8213 [email protected]
Dear Ms. Simpson:
We have conducted a non-confidential extended records search as per your request for the abovereferenced project area located on the Avena USGS 7.5-minute quadrangle map in San Joaquin County.
Search of our files includes review of our maps for the specific project area and the immediate vicinity of the project area, and review of the following:
National Register of Historic Places (NRHP)
California Register of Historical Resources (CRHR)
California Inventory of Historic Resources (1976)
California Historical Landmarks
California Points of Historical Interest listing
Office of Historic Preservation Built Environment Resource Directory (BERD) and the Archaeological Resources Directory (ARD)
Survey of Surveys (1989)
Caltrans State and Local Bridges Inventory
General Land Office Plats
Other pertinent historic data available at the CCaIC for each specific county The following details the results of the records search:
Prehistoric or historic resources within the project area:
• There are no formally recorded prehistoric or historic archaeological resources or historic buildings or structures within the project area.
• The General Land Office survey plat for T2S R9E (dated 1854) shows the NW ¼ of Section 5 divided into two parcels: 80.7 acres in the north half and 80 acres in the south half.
CENTRAL CALIFORNIA INFORMATION CENTER
California Historical Resources Information System
Department of Anthropology – California State University, Stanislaus One University Circle, Turlock, California 95382
(209) 667-3307
_____________________________________________________________________________________________ Alpine, Calaveras, Mariposa, Merced, San Joaquin, Stanislaus & Tuolumne Counties
• The General Land Office survey plat for T2S R9E (dated 1873) shows the NW ¼ of Section 5 divided into three parcels. The north half shows 40.39 acres on the west and
40.37 acres on the east, with 80 acres on the south half. • The Map of the County of San Joaquin, California (1883) shows Brennan Avenue and French Camp Road (aka SR 120/Yosemite Avenue), with John W. Jones the landowner in Section 5, T2S R9E at that time.
• The 1914 edition of the Avena USGS quadrangle references the railroad, Brennan Road, and French Camp Road/SR 120 alignments.
• The 1952 edition of the Avena USGS quadrangle also references two buildings within the project that would be 71 years in age (or older), considered as possible historical resources. We have no further information on file regarding these buildings.
Prehistoric or historic resources within the immediate vicinity of the project area: None has been formally reported to the Information Center.
Resources that are known to have value to local cultural groups: None has been formally reported to the Information Center.
Previous investigations within the project area: None has been formally reported to the Information Center.
Recommendations/Comments:
Please be advised that a historical resource is defined as a building, structure, object, prehistoric or historic archaeological site, or district possessing physical evidence of human activities over 45 years old. Since the project area has not been subject to previous investigations, there may be unidentified features involved in your project that are 45 years or older and considered as historical resources requiring further study and evaluation by a qualified professional of the appropriate discipline.
If the current project does not include ground disturbance, further study for archaeological resources is not recommended at this time. If ground disturbance is considered a part of the current project, we recommend further review for the possibility of identifying prehistoric or historic-era archaeological resources.
If the proposed project contains buildings or structures that meet the minimum age requirement (45 years in age or older) it is recommended that the resource/s be assessed by a professional familiar with architecture and history of the county. Review of the available historic
building/structure data has included only those sources listed above and should not be considered comprehensive.
If at any time you might require the services of a qualified professional the Statewide Referral List for Historical Resources Consultants is posted for your use on the internet at http://chrisinfo.org
If archaeological resources are encountered during project-related activities, work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources.
If human remains are discovered, California Health and Safety Code Section 7050.5 requires you to protect the discovery and notify the county coroner, who will determine if the find is Native American. If the remains are recognized as Native American, the coroner shall then notify the Native American Heritage Commission (NAHC). California Public Resources Code Section 5097.98 authorizes the NAHC to appoint a Most Likely Descendant (MLD) who will make recommendations for the treatment of the discovery.
Due to processing delays and other factors, not all of the historical resource reports and resource records that have been submitted to the State Office of Historic Preservation are available via this records search. Additional information may be available through the federal, state, and local agencies that produced or paid for historical resource management work in the search area.
Additionally, Native American tribes have historical resource information not in the CHRIS Inventory, and you should contact the California Native American Heritage Commission for information on local/regional tribal contacts.
The California Office of Historic Preservation (OHP) contracts with the California Historical Resources Information System’s (CHRIS) regional Information Centers (ICs) to maintain information in the CHRIS inventory and make it available to local, state, and federal agencies, cultural resource professionals, Native American tribes, researchers, and the public.
Recommendations made by IC coordinators or their staff regarding the interpretation and application of this information are advisory only. Such recommendations do not necessarily represent the evaluation or opinion of the State Historic Preservation Officer in carrying out the OHP’s regulatory authority under federal and state law.
We thank you for contacting this office regarding historical resource preservation. Please let us know when we can be of further service. Thank you for sending the Access Agreement Short Form.
Note: Billing will be transmitted separately via email from the Financial Services office ($150.00), payable within 60 days of receipt of the invoice.
If you wish to include payment by Credit Card, you must wait to receive the official invoice from Financial Services so that you can reference the CMP # (Invoice Number), and then contact the link below:
https://commerce.cashnet.com/ANTHROPOLOGY
Sincerely,
E. A. Greathouse E. A. Greathouse, Coordinator
Central California Information Center
California Historical Resources Information System
* Invoice Request sent to: [email protected], CSU Stanislaus Financial Services
STATE OF CALIFORNIA Gavin Newsom, Governor
NATIVE AMERICAN HERITAGE COMMISSION
January 12, 2024
Diana Trejo
City of Escalon
Via Email to: [email protected]
Re: General Plan Amendment - Housing Element Update Project, San Joaquin County Dear Ms. Trejo:
A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.
Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.
If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.
If you have any questions or need additional information, please contact me at my email address: [email protected].
Sincerely,
Pricilla Torres-Fuentes
Cultural Resources Analyst
Attachment
CHAIRPERSON
Reginald Pagaling
Chumash
VICE-CHAIRPERSON
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki
SECRETARY
Sara Dutschke
Miwok
PARLIAMENTARIAN
Wayne Nelson
Luiseño
COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan
COMMISSIONER
Stanley Rodriguez
Kumeyaay
COMMISSIONER
Laurena Bolden
Serrano
COMMISSIONER
Reid Milanovich
Cahuilla
COMMISSIONER
Vacant
EXECUTIVE SECRETARY
Raymond C.
Hitchcock
Miwok, Nisenan
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
CITYOF
ESCALON
2060 McHenry Avenue
Escal.on. CA 95320
WuksachT Indian Tribe/Eshom Valley Sand
Kennieth Woodrow, Chairp:erson
1179 Rock Haven Ct.
Salinas, Ca. 93906
MITIGATION MONITORING/
REPORTING PROGRAM
FOR THE
MURPHY RANCH SPECIFIC PLAN
State Clearinghouse No.: XXX
City of Escalon, CA
October 14, 2025
Prepared for:
City of Escalon
2060 McHenry Avenue
Escalon,, CA 95320
Prepared by:
BaseCamp Environmental, Inc.
802 W. Lodi Avenue
Lodi, CA 95240
209-224-8213
Murphy Ranch Specific Plan Project MMRP Page 1-1
MITIGATION MONITORING/REPORTING PROGRAM
for the
MURPHY RANCH SPECIFIC PLAN
Escalon, CA
1.0 INTRODUCTION
The City of Escalon California (City) is considering adoption of the Final Initial Study/Mitigated Negative Declaration (IS/MND) for, and approval of, the Murphy Ranch Project (project). This document is the Mitigation Monitoring/Reporting Program (MMRP) for the project, which is intended to be adopted by the City in conjunction with the IS/MND, and with the City’s consideration of the proposed project. The primary source document for the MMRP is the Final IS/MND, a separate document.
1.1 THE PROJECT
The project proposes a Specific Plan to guide development of two adjacent parcels into 72 lots on which single-family residences would be constructed. A park/retention basin would be installed in the southeast corner of the site. Access to the proposed development would be from extensions of Celivo Way and Riesling Way north of California Street.
Water, sewer, and storm drainage services would be provided by the City of Escalon upon anticipated annexation to the City.
A Tentative Subdivision Map is proposed to permit the proposed residential development of the two parcels in accordance with the requirements of the Specific Plan. The project would require Specific Plan and Tentative Subdivision Map approval from the City Council with a recommendation from the Planning Commission, along with annexation approval by the San Joaquin Local Agency Formation Commission (LAFCo) together with pre-zoning by the City. The applicant would enter into a Development Agreement with the City.
1.2 CEQA REQUIREMENTS REGARDING MITIGATION
MONITORING AND REPORTING
To ensure that mitigation measures included in an IS/MND are implemented, CEQA requires the adoption of a mitigation monitoring and/or reporting program (CEQA Guidelines Section 15074). The Guidelines require that the lead agency:
" . . . adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects."
These requirements are met by the Mitigation Monitoring/Reporting Program table for the project shown in Section 2.0 of this document. The table lists the potentially significant environmental effects of the project as identified in the Final IS/MND,
Murphy Ranch Specific Plan Project MMRP Page 1-2
identifies the mitigation measures needed to reduce these effects to a less than significant level, and identifies the entities that would be responsible for implementing and monitoring implementation of the mitigation measures.
2.0 MITIGATION MONITORING/REPORTING PLAN
The following table summarizes the significant environmental effects that could result from approval of the Murphy Ranch Specific Plan Project, based on the analysis contained in the adopted IS/MND. The table identifies 1) each significant effect, 2) how each significant effect would be mitigated, 3) the responsibility for implementation of the mitigation measures, and 4) the responsibility for monitoring of mitigation measures.
The table follows the same sequence as the impact analysis in the IS/MND.
Environmental issue areas where the project would have no significant effect are also listed for the sake of continuity.
IMPACT/MITIGATION MEASURES IMPLEMENTATION
RESPONSIBILITY AND
TIMING/SCHEDULE
MONITORING/REPORTING RESPONSIBILITY
SOURCE
INFORMATION
Murphy Ranch Specific Plan, Mitigation Monitoring/Reporting Program Table Page 2-2
3.1 AESTHETICS
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.2 AGRICULTURE AND FORESTRY RESOURCES
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.3 AIR QUALITY
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.4 BIOLOGICAL RESOURCES
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.5 CULTURAL AND TRIBAL RESOURCES
Potential Impacts on Historical Resources
CULT-1: Prior to final site plan approval, a qualified architectural historian shall review the two existing structures on the project site and provide a report on their historical significance. If one or both structures are determined to be a significant historical resource, then the architectural historian shall provide in the report recommendations on the disposition of the identified resource, which shall be incorporated within the final site plans or made conditions of approval for the project.
The applicant will be
responsible for retaining
a qualified architectural
historian to evaluate the
existing buildings on the
site.
The applicant will ensure that the
historian’s recommendations are
incorporated into the project plans and
specifications.
IS/MND,
Section 3.7
Potential Impacts on Archaeological Resources
CULT-2: If any subsurface cultural resources are encountered during project construction, all construction activities within 50 feet of the encounter shall be halted until a qualified archaeologist The Project Engineer
will be responsible for
incorporating cultural
The City will be responsible for
ensuring that cultural resources
requirements are incorporated in the
IS/MND,
Section 3.7
IMPACT/MITIGATION MEASURES IMPLEMENTATION
RESPONSIBILITY AND
TIMING/SCHEDULE
MONITORING/REPORTING RESPONSIBILITY
SOURCE
INFORMATION
Murphy Ranch Specific Plan, Mitigation Monitoring/Reporting Program Table Page 2-3 can examine these materials, determine their significance, and, if significant, recommend mitigation measures that would reduce potential effects to a level that is less than significant.
Recommended measures could include, but are not limited to, 1) preservation in place, or 2) excavation, recovery, and curation by qualified professionals. The City of Escalon Community
Development Department shall be notified, and the project developer shall be responsible for retaining qualified
professionals, implementing recommended mitigation measures, and documenting mitigation efforts in a written report to the City’s Community Development Department, consistent with the requirements of the CEQA Guidelines. If burial resources or tribal cultural resources are discovered, the City shall notify the appropriate tribal representative, who may examine the materials with the archaeologist and advise the City as to their significance and disposition.
resources requirements
in the project plans and
specifications
project plans and specifications
3.6 ENERGY
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.7 GEOLOGY AND SOILS
Project impacts on Soil Erosion
GEO-1: Prior to commencement of construction activity, the developer shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) for the project and file a Notice of Intent with the State Water Resources Control Board (SWRCB) in compliance with the Construction General Permit and City of Escalon storm water requirements. The SWPPP shall be available on the construction site at all times. The developer shall incorporate an Erosion Control Plan consistent with all applicable provisions of the SWPPP within the site improvement and building plans. The developer also shall submit the SWRCB Waste Discharger’s Identification Number to the City prior to approval of development or grading plans.
The Project Engineer
will be responsible for
preparing the SWPPP
and incorporating its
requirements into the
project plans and
specifications
The City will be responsible for
ensuring that SWPPP requirements are
incorporated in the project plans and
specifications
IS/MND,
Section 3.7
IMPACT/MITIGATION MEASURES IMPLEMENTATION
RESPONSIBILITY AND
TIMING/SCHEDULE
MONITORING/REPORTING RESPONSIBILITY
SOURCE
INFORMATION
Murphy Ranch Specific Plan, Mitigation Monitoring/Reporting Program Table Page 2-4 Project impacts on Geologic Instability
GEO-2: The project shall incorporate into its design and construction the recommendations of the geotechnical report Geotechnical Investigation, Murphy Ranch Residential Subdivision, 18092 & 18112 Brennan Road, Escalon, California, prepared by Baez Geotechnical Group on August 31, 2023, or a comparable study. The design and construction plans shall be reviewed by the City for consistency with the recommendations in the geotechnical report and shall be approved prior to final subdivision map approval.
The Project Engineer
will be responsible for
incorporating
geotechnical
requirements into the
project plans and
specifications
The City Engineer will be responsible
for ensuring that SWPPP requirements
are incorporated in the project plans
and specifications
IS/MND,
Section 3.7
Project impacts on Paleontological Resources and Unique Geological Features GEO-3: If any subsurface paleontological resources are encountered during construction of the project, all construction activities within 50 feet of the encounter shall be halted until a qualified paleontologist can examine these materials, determine their significance and, if significant, recommend further mitigation measures that would reduce potential effects to a level that is less than significant. Recommended measures may include, but are not limited to, 1) preservation in place, or 2) excavation, recovery, and curation by qualified professionals. The City of Escalon Community Development Department shall be notified, and the project developer shall be responsible for retaining qualified professionals, implementing recommended mitigation measures, and documenting mitigation efforts in a written report to the City’s Community Development Department, consistent with the requirements of the CEQA Guidelines.
The Project Engineer
will be responsible for
incorporating
paleontological
requirements into the
project plans and
specifications
The City Engineer will be responsible
for ensuring that paleontological
requirements are incorporated in the
project plans and specifications
IS/MND,
Section 3.7
3.8 GREENHOUSE GAS EMISSIONS
The IS/MND does not identify significant effects or mitigation measures in this issue area.
IMPACT/MITIGATION MEASURES IMPLEMENTATION
RESPONSIBILITY AND
TIMING/SCHEDULE
MONITORING/REPORTING RESPONSIBILITY
SOURCE
INFORMATION
Murphy Ranch Specific Plan, Mitigation Monitoring/Reporting Program Table Page 2-5
3.9 HAZARDS AND HAZARDOUS MATERIALS
Project Impacts on Release of Hazardous Materials
HAZ-1: Prior to the start of demolition of the residences and the barn, the contractor shall screen for the presence of asbestoscontaining building materials in and around these structures. If asbestos-containing building materials are found, then a demolition permit from the City shall include a Demolition Permit Release Form from the SJVAPCD prior to its issuance. The Demolition Permit Release Form certifies that the proposed demolition complies with the requirements of the National Emissions Standards for Hazardous Air Pollutants (NESHAP), which govern asbestos removal, and with SJVAPCD Rule 4002. All of the regulated asbestos abatement shall be completed by a state-certified asbestos abatement contractor prior to the start of demolition.
HAZ-2: Prior to the start of demolition of the residences and the barn, the contractor shall screen for the presence of lead-based paints in and around these structures. If lead-based paints are found, then they shall be removed in accordance with the California Code of Regulations, Title 17, Division 1, Chapter 8, Sections 35001-36100. This requires that work on any structure built before January 1, 1978 must use lead-safe work practices, including containment and cleaning the work area after the project is completed. The regulations also cover accreditation of training providers and certification of individuals to perform lead abatement and set work practice standards for lead hazard evaluations and the abatement of lead hazards. The lead-based paint abatement shall be completed prior to the start of demolition.
The contractor will be
responsible for
hazardous material
screening and for
obtaining NESHAP
permits as required.
The City will be responsible for
ensuring that hazardous material
screening has occurred and NESHAP
permits have been acquired.
IS/MND,
Section
3.13 Project Impacts on Emergency Response and Evacuations HAZ-3: Prior to the start of project construction, the developer shall prepare and implement a Traffic Control Plan, which shall include such items as traffic control requirements, resident The Project Engineer
and contractor will be
responsible for
The City will be responsible for
ensuring that the Traffic Control Plan
has been prepared and approved by
IS/MND,
Section
3.13
IMPACT/MITIGATION MEASURES IMPLEMENTATION
RESPONSIBILITY AND
TIMING/SCHEDULE
MONITORING/REPORTING RESPONSIBILITY
SOURCE
INFORMATION
Murphy Ranch Specific Plan, Mitigation Monitoring/Reporting Program Table Page 2-6 notification of access closure, and daily access restoration. The contractor shall specify dates and times of road closures or restrictions, if any, and shall ensure that adequate access will be provided for emergency vehicles. The Traffic Control Plan shall be reviewed and approved by the City Department of Public Works and shall be coordinated with the Escalon Police Department and the Escalon Consolidated Fire Protection District if construction will require road closures or lane restrictions.
preparation of the
Traffic Control Plan and
obtaining approval from
the involved agencies.
the involved agencies.
3.10 HYDROLOGY AND WATER QUALITY
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.11 LAND USE AND PLANNING
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.12 MINERAL RESOURCES
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.13 NOISE
Project Impacts on Exposure to Noise Exceeding Local Standards NOISE-1: The project shall install a noise barrier at the locations identified in Figure 2 in the report Environmental Noise Assessment, Murphy Ranch Residential Development Escalon, California, prepared by Bollard Acoustical Consultants September 8, 2023. The noise barriers could take the form of masonry wall, earthen berm, or a combination of the two. A wood or wood composite fence would also be a sufficient noise barrier, provided that the fence slats overlap by a minimum of two inches and are screwed to the framing rather than nailed.
The Project Engineer
will be responsible for
incorporating noise
requirements into the
project plans and
specifications
The City Engineer will be responsible
for ensuring that noise requirements
are incorporated in the project plans
and specifications
IS/MND,
Section
3.13
IMPACT/MITIGATION MEASURES IMPLEMENTATION
RESPONSIBILITY AND
TIMING/SCHEDULE
MONITORING/REPORTING RESPONSIBILITY
SOURCE
INFORMATION
Murphy Ranch Specific Plan, Mitigation Monitoring/Reporting Program Table Page 2-7 NOISE-2: For the lots identified in green in Figure 2 in the Bollard Acoustical report, the project shall install window and door assembly upgrades of Sound Transmission Class (STC) 32 for any upper floors of residences. At the first-floor building facades and at second-floor building facades further removed from roadway and railroad without an annotated STC rating recommendation on Figure 2, standard STC 27 window and door assemblies would be adequate.
NOISE-3: All equipment used on the construction site during all project phases shall be fitted with mufflers in accordance with manufacturers’ specifications. Mufflers shall be installed on construction equipment at all times on the construction site.
3.14 POPULATION AND HOUSING
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.15 PUBLIC SERVICES
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.16 RECREATION
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.17 TRANSPORTATION
The IS/MND does not identify significant effects or mitigation measures in this issue area.
IMPACT/MITIGATION MEASURES IMPLEMENTATION
RESPONSIBILITY AND
TIMING/SCHEDULE
MONITORING/REPORTING RESPONSIBILITY
SOURCE
INFORMATION
Murphy Ranch Specific Plan, Mitigation Monitoring/Reporting Program Table Page 2-8
3.18 TRIBAL CULTURAL RESOURCES
Project Impacts on Tribal Cultural Resources
Mitigation Measure CULT-1. As provided in Section
3.7 As provided in Section 3.7 IS/MND,
Section
3.17 3.19 UTILITIES AND SERVICE SYSTEMS
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.20 WILDFIRE
Project impacts on Emergency Response Plans and Emergency Evacuation Plans Mitigation Measure HAZ-1. IS/MND,
Section
3.17 3.21 MANDATORY FINDINGS OF SIGNIFICANCE
Project Impacts on Findings on Biological and Cultural Resources Mitigation measures in Sections 3.4 and 3.5 As provided in Sections
3.4 and 3.5
As provided in Sections 3.4 and 3.5 IS/MND,
Section
3.17
dtsc.ca.gov
SENT VIA ELECTRONIC MAIL
September 26, 2025
Diana Trejo
Assistant Planner
City of Escalon
2060 McHenry Blvd.
Escalon, CA 95320
[email protected]
RE: MITIGATED NEGATIVE DECLARATION FOR THE MURPHY RANCH SPECIFIC PLAN DATED SEPTEMBER 24, 2025, STATE CLEARINGHOUSE # 2025091127 Dear Diana Trejo,
The Department of Toxic Substances Control (DTSC) reviewed the Mitigated Negative Declaration (MND) for the Murphy Ranch Specific Plan (Project). The Project proposes City approval of a Specific Plan to guide the development of two parcels totaling 18.00 acres, which are proposed to be subdivided into 72 lots for singlefamily residential development. To implement the Specific Plan, the project also includes a Tentative Subdivision Map that would subdivide the two parcels in accordance with the proposed Specific Plan. The project would require annexation to and the prezoning of the two parcels by the City of Escalon. DTSC recommends and requests consideration of the following comments:
1. When agricultural crops and/or land uses are proposed or rezoned for residential use, several contaminants of concern (COCs) can be present. The Lead Agency shall identify the amounts of Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If present, OCPs requiring further analysis are dichlorodiphenyltrichloroethane, toxaphene, and dieldrin. Additionally, any level of arsenic present would require further analysis and sampling and must meet
Diana Trejo
September 26, 2025
approved local area baselines or thresholds. If they do not, remedial action must take place to mitigate them below those thresholds. Additional COCs may be found in mixing/loading/storage areas, drainage ditches, farmhouses, or any other outbuildings and should be sampled and analyzed. If smudge pots had been routinely utilized, additional sampling for Polycyclic Aromatic Hydrocarbons and/or Total Petroleum Hydrocarbons may be required. These recommendations should be adhered to and become part of the environmental document. Please refer to the DTSC’s Human and Ecological Risk Office (HERO) webpage for the most recent guidance and screening levels.
2. DTSC recommends that all imported soil/fill material should be tested to assess any COCs meet screening levels as outlined in DTSC's Preliminary Endangerment Assessment Guidance Manual. Additionally, DTSC advises referencing the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary. To minimize the possibility of introducing contaminated soil/fill material there should be documentation of the origins of the soil/fill material and, if applicable, sampling be conducted to ensure that the imported soil/fill material are suitable for the intended land use. The soil sampling should include analysis based on the source of the soil/fill and knowledge of prior land use.
DTSC would like to thank you for the opportunity to comment on the MND for the Murphy Ranch Specific Plan. Thank you for your assistance in protecting California’s people and environment from the harmful effects of toxic substances. If you have any questions or would like clarification on DTSC’s comments, please respond to this letter or via our CEQA Review email for additional guidance.
Sincerely,
Dave Kereazis
Associate Environmental Planner
HWMPPermitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
Diana Trejo
September 26, 2025
cc: (via email)
Governor’s Office of Land Use and Climate Innovation
State Clearinghouse
[email protected]
Charlie Simpson
Principal
BaseCamp Environmental, Inc / Consulting Firm
[email protected]
Tamara Purvis
Associate Environmental Planner
HWMP Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
Scott Wiley
Associate Governmental Program Analyst
HWMP Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
S J C O G, Inc.
555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0574 ● Email: [email protected] San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)
SJMSCP RESPONSE TO LOCAL JURISDICTION (RTLJ)
ADVISORY AGENCY NOTICE TO SJCOG, Inc.
To: Development Services, City of Escalon, Planning Department From: Laurel Boyd, SJCOG, Inc. Phone: (209) 235-0574 Email: [email protected] Date: September 25, 2025
Local Jurisdiction Project Title: Notice of Intent to Recommend Adoption of a Mitigated Negative Declaration and Notice of Public Meeting for the Murphy Ranch Project (P24-797)
Assessor Parcel Number(s): 225-040-28, -29
Local Jurisdiction Project Number: P24-797
Total Acres to be converted from Open Space Use: Unknown Habitat Types to be Disturbed: Agricultural Habitat Land Species Impact Findings: Findings to be determined by SJMSCP biologist.
Dear City of Escalon, Planning Department:
SJCOG, Inc. has reviewed the Notice of Intent to Recommend Adoption of a Mitigated Negative Declaration and Notice of Public Meeting for the Murphy Ranch Project (P24-797). The applicant is requesting approval of an Annexation, PreZone, Tentative Subdivision Map, Specific Plan, Planned Development Agreement, and Inclusionary Housing Agreement to develop approximately 18 acres into a 73-lot single-family housing subdivision. The subdivision will include underground utilities, street improvements, and expansion of an adjacent existing park. The project site is located south of State Route 120 and east of Brennan Road, Escalon (APN: 225-040-28, -29).
The City of Escalon is a signatory to San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP). Participation in the SJMSCP satisfies requirements of both the state and federal endangered species acts, and ensures that the impacts are mitigated below a level of significance in compliance with the California Environmental Quality Act (CEQA). The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measure are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. Although participation in the SJMSCP is voluntary, Local Jurisdiction/Lead Agencies should be aware that if project applicants choose against participating in the SJMSCP, they will be required to provide alternative mitigation in an amount and kind equal to that provided in the SJMSCP.
This Project is subject to the SJMSCP. This can be up to a 30 day process and it is recommended that the project applicant contact SJMSCP staff as early as possible. It is also recommended that the project applicant obtain an information package. http://www.sjcog.org
Please contact SJMSCP staff regarding completing the following steps to satisfy SJMSCP requirements:
Schedule a SJMSCP Biologist to perform a pre-construction survey prior to any ground disturbance SJMSCP Incidental take Minimization Measures and mitigation requirement:
1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs. If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.
2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.
3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must:
a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or c. Dedicate land in-lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits.
2 | SJCOG, Inc.
4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must:
a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in-lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits.
Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called. Receive your Certificate of Payment and release the required permit It should be noted that if this project has any potential impacts to waters of the United States [pursuant to Section 404 Clean Water Act], it would require the project to seek voluntary coverage through the unmapped process under the SJMSCP which could take up to 90 days. It may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] and permits would be required from each of these resource agencies prior to grading the project site.
If you have any questions, please call (209) 235-0574.
3 | SJCOG, Inc.
S J C O G, Inc.
San Joaquin County Multi-Species Habitat Conservation & Open Space Plan 555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0574 ● Email: [email protected]
SJMSCP HOLD
TO: Local Jurisdiction: Community Development Department, Planning Department, Building Department, Engineering Department, Survey Department, Transportation Department, Other: ___________
FROM: Laurel Boyd, SJCOG, Inc.
DO NOT AUTHORIZE SITE DISTURBANCE
DO NOT ISSUE A BUILDING PERMIT
DO NOT ISSUE __________ FOR THIS PROJECT
The landowner/developer for this site has requested coverage pursuant to the San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan (SJMSCP). In accordance with that agreement, the Applicant has agreed to:
1) SJMSCP Incidental Take Minimization Measures and mitigation requirement:
1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs.
If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.
2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.
3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must:
a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or c. Dedicate land in-lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits.
4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must:
a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in-lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits.
Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called.
Project Title: NOI to Adopt a Mitigated Negative Declaration for the Murphy Ranch Subdivision Assessor Parcel #s: 225-040-28, -29
T _______, R______, Section(s): _____
Local Jurisdiction Contact: City of Escalon, Planning Department The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measures are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP.
CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESCALON INITIATING
ANNEXATION PROCEEDINGS FOR TWO PARCELS ENCOMPASSING
APPROXIMATELY 17.98 ACRES, AND ADOPTING AN ORDINANCE TO PREZONE
THE TWO PARCELS FOR THE MURPHY RANCH ANNEXATION PROJECT The City Council of the City of Escalon does hereby find, order and resolve as follows:
WHEREAS, a development application was filed by NRB Investment, LLC, Florsheim Homes 1701 W. March Lane, Ste. D, Stockton, CA 95207, for an Annexation, Prezone, Planned Development, Tentative Subdivision, Specific Plan, Inclusionary Housing Agreement, and Development Agreement for the Murphy Ranch Annexation Project (the “Project”); and WHEREAS, the Project encompasses the annexation of approximately 17.98 acres of unincorporated land in San Joaquin County into the City of Escalon. The Project includes the prezoning of all the approximate 17.98 acres, a Tentative Subdivision Map encompassing all of the approximate 17.98 acre of the annexation area; and
WHEREAS, the annexation area map is attached as Exhibit A, and incorporated by reference as if fully set forth herein, which includes a development area made up of APNs: 225- 040-280 and 225-040-290 encompassing a total of approximately 17.98 acres; and WHEREAS, the development area primarily contains farmland, with an existing home and outbuildings, including sheds, equipment buildings and agricultural structures; and WHEREAS, the development area encompassing approximately 17.98 acres being subdivided into 72 single-family residential lots; and
WHEREAS, in order to consider an application for annexation, the City must be able to determine that the Project boundary is contiguous and that the annexation is a logical expansion of the City, the annexation creates clear and reasonable boundaries, there are adequate municipal services, the annexation reflects a long-term fiscal balance to the City, the annexation is consistent with State law and San Joaquin Local Agency Formation Commission (LAFCo), and the annexation is consistent with the General Plan; and
WHEREAS, the proposed annexation is contiguous and logical in that the annexation area is immediately adjacent to current City limits on the south side of the site and the annexation of this area will fill in a missing gap in the annexed area in the northern portion of the City; and WHEREAS, as detailed in the City’s 2023 Municipal Services Review (MSR), there are sufficient municipal services available to the annexation area; there is a long-term fiscal benefit of the annexation with an approximately 60/40 tax sharing split with the County for the development area as detailed in the Master Agreement entered into by the City and San Joaquin County on October 8, 2019; and
WHEREAS, the annexation is consistent with State Law and San Joaquin LAFCo requirements in that the applicant has followed the appropriate rules and procedures to pursue Attachment 5
annexation through the City and LAFCo; and the Project is consistent with the General Plan as the area is within the City’s Sphere of Influence (SOI) in the 10-year growth horizon as shown on the Interim SOI map included in the City’s Municipal Service Review Report adopted by LAFCo on March 9, 2023; and
WHEREAS, the development area are currently located within the unincorporated area of San Joaquin County within the SOI of the City, and as a requirement of LAFCo for annexations, land that is requested to be annexed into a City must be annexed with a pre-zoning district designation; and
WHEREAS, the development area is not under a Williamson Act contract; and WHEREAS, the annexation area will be prezoned consistent with the City’s General Plan and zone districts in accordance with Chapter 17 of the Escalon Municipal Code and shall be established by Ordinance, which is attached as Exhibit B and incorporated by reference as if fully set forth herein; and
WHEREAS, the proposed pre-zoning designations of the development area parcels APNs 225-040-280 and 225-040-290 are Planned Development (PD-4), all of which are shown on the prezoning map included within Exhibit A; and
WHEREAS, an Initial Study/Mitigated Negative Declaration (IS/MND) (SCH# 2025091127) that includes a Mitigation Monitoring and Reporting Program for the Project pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code, § 21000 et seq.), and CEQA Guidelines; and
WHEREAS, a Notice of Public Hearing was circulated in accordance with Escalon Municipal Code § 17.51.050; and
WHEREAS, at the duly noticed public hearing on October 14, 2025, the Escalon Planning Commission reviewed the annexation and prezoning request, the Initial Study/Mitigated Negative Declaration (SCH #2025091127), the Mitigation Monitoring and Reporting Program, and all associated Project materials, received public testimony, and thereafter recommended that the City Council approve the annexation and prezoning and certify the IS/MND and adopt the Mitigation Monitoring and Reporting Program for the Murphy Ranch Annexation Project; and WHEREAS, pursuant to Section 17.61.040 of the Escalon Municipal Code, the Planning Commission is the recommending body and the City Council is the final decision-making body for all annexations and pre-zones; and
WHEREAS, the Planning Commission understands that minor changes or modifications to the project may occur at the discretion of the City Council without further review from the Planning Commission; and
WHEREAS, the Escalon City Council held the first reading of the Project ordinances at its duly noticed public hearing on August 3, 2026, and subsequently conducted the second reading and adoption of the ordinances at its duly noticed public hearing on August 10, 2026; and
WHEREAS, the Escalon City Council certified the Initial Study/Mitigated Negative Declaration (SCH #2025091127) and adopted the Mitigation Monitoring and Reporting Program at its duly noticed public hearing on August 10, 2026; and WHEREAS, all legal prerequisites to adopt the foregoing resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED, that City Council of the City of Escalon, upon evidence in the staff report, the project file, and public testimony now desires to adopt a resolution recommending that the City Council initiate annexation proceedings for two parcels encompassing approximately 17.98 acres and adopt an Ordinance to prezone the two parcels for the Murphy Ranch Annexation Project based on the following findings:
1. All the facts set forth in the recitals above are true and correct and incorporated herein by reference.
2. The IS/MND for the Project was properly prepared and processed pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), and CEQA Guidelines.
Annexation Findings
The city council, upon recommendation of the planning commission, may grant annexation into the city if the council finds:
1. That granting of such annexation will not adversely affect properties in the vicinity and will not be contrary to the public interest, and
Analysis
All development will have some level of impact on, or affect, adjacent properties.
Cities and counties are the responsible agencies for the regulation of land use through the Police Powers provisions authorized by the California Constitution. With these powers, cities and counties are entrusted to protect the health, safety and welfare of the community and residents. This is accomplished through a framework of long term planning (general plans) and laws (zoning ordinances), which outline how a city is to develop, i.e. separating incompatible uses, planning for access and services. The proposed Project has been planned for over 20 years and is consistent with the City’s General Plan, adopted in 2005. The proposed Project is consistent with the preplanning, i.e. stubbed streets constructed as part of the residential subdivision to the south.
2. That the proposed land use and overall development plan is consistent with the approved specific plan and development agreement. (Ord. 495 § 1, 2005); Analysis
The Project proposes 72 single-family units and a 1.095-acre expansion of an existing park, which is consistent with the City’s adopted General Plan (2005) designation of Low Density Residential and is consistent with the uses to the south and to the east. Further, the proposed project is consistent with the overall community design of the surrounding neighborhoods, is consistent with the Specific Plan and Development Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Escalon Planning Commission does hereby recommend that the Escalon City Council initiate annexation proceedings for two parcels encompassing approximately 17.98 acres, and adopt an Ordinance to prezone the two parcels for the Murphy Ranch Annexation Project.
PASSED, APPROVED AND ADOPTED this 10
th day of August 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Andrew Hagan, Mayor
ATTEST:
___________________________
Diana Trejo, Deputy City Clerk
EXHIBIT A
ANNEXATION AREA MAP
EXHIBIT B
PREZONING ORDINANCE
EXHIBIT “A”
CITY OF ESCALON ANNEX
LAFCo File#_________________
REAL PROPERTY IN THE UNINCORPORATED AREA OF THE COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, LYING WITHIN THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 2 SOUTH, RANGE 9 EAST, MOUNT DIABLO MERIDIAN, DESCRIBED AS FOLLOWS:
THE LANDS SHOW ON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 25 OF PARCEL MAPS, AT PAGE 105, IN THE RECORDERS OFFICE OF SAN JOAQUIN COUNTY AS “PARCEL 1” AND “DESIGNATED REMAINDER” MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF BRENNAN AVENUE AND THE SOUTH RIGHTOF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE ALONG THE BOUNDARIES OF SAID PARCEL 1 & DESIGNATED REMAINDER THE FOLLOWING COURSES:
(1) SOUTH 89°39’33” EAST, A DISTANCE OF 1776.59 FEET;
(2) SOUTH 00°06’01” WEST, A DISTANCE OF 444.56 FEET;
(3) NORTH 89°58’55” WEST, A DISTANCE OF 1767.59 FEET;
(4) NORTH 01°01’55” WEST, A DISTANCE OF 454.65 FEET TO THE POINT OF BEGINNING AND THE END OF
THE DESCRIPTION HEREIN
SAID LAND CONTAINS 18.29 ACRES, MORE OR LESS.
DRAWN BY:
DATE:SCALE:DWG:CHECKED:
SHEET
OF
REVISION DATE DESCRIPTION BY
JOB #:
Attachment 6
DRAWN BY:
DATE:SCALE:DWG:CHECKED:
SHEET
OF
REVISION DATE DESCRIPTION BY
JOB #:
LOCAL RESIDENTIAL STREET
BRENNAN AVENUE
CELIVO WAY
PARKWAY RESIDENTIAL STREET
REISLING WAY
LOT 'A'
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PROPOSED CONDITIONS OF APPROVAL
Southeast Corner of Brennan Rd & Yosemite Avenue, Escalon CA 95320 APNs 225-040-280-000 & 225-040-290-000
SPECIFIC CONDITIONS
1. APPROVAL: Approval for this Annexation, Tentative Subdivision Map, Specific Plan, and Planned Development Application shall run with the land, and its benefits and limitations are binding on subsequent owners. The application for Annexation, Tentative Subdivision Map, Specific Plan, and Planned Development, as recommended by the Planning Commission on October 14th, and approved by the City Council on August 10
th (collectively “Project Approvals”), allows:
a. Annexation of two parcels totaling 17.973 acres and development of a single-family residential development in accordance with the approved plans and documents.
2. CEQA: A Notice of Determination shall be recorded with the San Joaquin County Recorder’s Office. Pursuant to the Public Resources Code, CEQA Guidelines, and Section 711.4 (e) (3) of the California Fish and Game Code. Section 711.4(e)(3) provides that no project shall be operative, vested, or final, nor shall local government permits for the project be valid, until the filing fees required pursuant to this section are paid.
All mitigation measures shall be implemented pursuant the Project’s Initial Study/ Mitigated Negative Declaration.
3. DEVELOPMENT AGREEMENT: Pursuant to Municipal Code Section
17.61.020, as a condition of approval for any annexation to the city of five or more acres, the applicant shall enter into a development agreement with the city.
Development Agreement shall become operative upon annexation.
4. INCLUSIONARY HOUSING AGREEMENT: The Project Developer shall enter into an inclusionary housing agreement in substantially the same form as considered as part of the Project Approvals (“Inclusionary Housing Agreement” or “IHA”) and provide eight units as deed restricted affordable housing units pursuant to EMC Chapter 17.50. The IHA shall be executed and recorded prior to recordation of a final map. The administration of the affordable housing program for this property shall be conducted consistent with the IHA whether by the developer or a third party organization.
5. COMMUNITY FACILITIES DISTRICT: Developer shall be responsible for payment of an amount up to but not exceeding $25,000 for the formation of the CFD, or similar financing mechanism, to provide maintenance of Project Infrastructure and public services as agreed upon in the Developer Agreement.
Attachment 7
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6. PARK LAND: Project Developer shall dedicate at least 1.095 net acres of land within the Project to the City for park or recreational purposes. Required, nonreimbursable park improvements as shown in the Specific Plan include:
a. Expanded basin with irrigation, turf, tree and shrub planting, including horizontal drain to eliminate nuisance water
b. Concrete walking paths along the perimeter of the park c. Split-face masonry walls adjacent to residences
d. Covered picnic table area
e. Basketball half-court (striped for basketball and pickle ball) with fence Required, reimbursable park improvements as shown in the Specific Plan include:
a. Restroom facility (1 stall)
b. The existing storm basin discharge system shall be remodeled to remove the existing outfall structure, add a French drain discharge system, and install a flow meter to SSJID standards to measure the pump discharge to the SSJID facility. These costs shall be reimbursed to the developer at
62.7% of the actual cost, based on the prorated share of the existing 1.85- acre park and the proposed 1.10-acre addition.
7. MODEL HOME CENTER: As set forth in Municipal Code section 17.11.040, a Model Home Center for the Project shall require City approval of a separate Conditional Use Permit by the Planning Commission.
8. COVENANT OF CODES AND RESTRICTIONS (CC&Rs): Project Developer shall prepare a Declaration of Covenants, Conditions, and Restrictions (“CCRs”) for all units within the proposed project, which shall be reviewed and approved by the City Manager, or his/her designee. CC&Rs shall be recorded against each lot on the project prior to the issuance of a building permit.
9. SECOND STORY HOME PLACEMENT: Proposed homes shall be single story when directly adjacent to existing homes per EMC 17.12.050. (This condition applies lots 7-25 and 70, 71, 72.)
10. SECOND STORY WINDOWS & BALCONIES: Any balconies or openings in the second story walls facing or viewing a neighbor’s rear yard shall mitigate the view through the methods described in EMC 17.12.040 Second Story Standards.
11. LOTTING PLAN: To the greatest extent feasible, the unit and elevation mix when constructed should match the lotting plan as approved by the Escalon City Council as part of the development application. Changes to plan and elevation based on market needs will be evaluated for approval at staff level. Unless there are significant changes to the housing market, changes to approved lotting plan should not deviate more than 20%.
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12. SR120/BRENNAN INTERSECTION: If Caltrans does not fully fund the SR120/Brennan Avenue intersection improvements, the Developer is responsible for their proportional share of intersection improvements, calculated at 6.5% above the current Development Impact Fee rate, which shall not exceed a total of $143,724.00.
Payment of this amount shall be made on proportional basis upon issuance of each building permit for each Project lot.
13. FENCING: A new 7’ tall wood fence, in conformance with the Specific Plan, shall be installed along the southern and eastern property boundaries where adjacent to existing homes.
14. CLUSTER MAIL BOX: The U.S. Postal Service (“Post Office”) will require a cluster mailboxes to serve the property. Proposed easements or other provisions shall be included on the subdivision map as necessary to allow for operation of such cluster mailbox. The final subdivision shall include these provisions as approved. Location of the Project’s cluster mailbox or mailboxes shall be subject to the approval of the City and Post Office. Developer shall request inspections by the Post Office on the footing/foundation/framing for mailbox.
15. SIGNAGE: Prior to approval of improvement plans, the Applicant shall submit, and receive approval for, the location and design of any neighborhood entry signage and/or monumentation, if Applicant intends to have any entry signage or monumentation
16. All homes located on corner lots shall include architectural features that wrap around the front elevation through the visible street side elevation, in substantially the same form as those shown on the plan set approved as part of the Project’s entitlement package.
17. Any two story homes located on lots 1-6 shall contain architecturally enhanced rear elevations (window treatments, etc.) in substantially the same form as those shown on the plan set approved as part of the Project’s entitlement package.
18. Garage doors shall include architectural window enhancements on at least 50% of the homes consistent with the elevations included in plan set approved by the City as part of the Project’s entitlement package.
ENGINEERING
19. Prior to the issuance of the 37th building permit, developer shall hire a consultant, to be approved by the City, to conduct a speed survey on this segment of State Route 120 and use the USLIMITS2 tool and/or the NCHRP 966: Posted Speed Limit Setting Procedure and Tool (or other tool as deemed appropriate by Caltrans), to re-evaluate the appropriate speed limit for this segment of State Route 120.
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Mapping
20. A final map prepared by a licensed engineer or land surveyor shall be substantially approved prior to expiration of the tentative map, subject to any extensions provided for under state law.
21. The existing SSJID easement at the southwesterly corner of the site shall be abandoned and with the direction of SSJID and City include a new SSJID easement within the street dedication for Brennan Avenue. No easements of SSJID facilities are allowed in the rear of any proposed lots.
22. Prior to final map approval, the existing UP Railroad facilities located at the north westerly corner of Lot 1 shall be removed, relocated, or included in Brennan Rd. right-of-way as not to be within the boundary of Lot 1.
23. A nine-foot street dedication is required on Brennan Avenue.
24. As discussed in Condition 3 above, approval and execution of a Development Agreement is required prior to the approval of the first final map for the Project.
25. All subdivision improvements shall be constructed and accepted or bonded for prior to the recording of the first final map for the Project.
Demolition
26. Unless otherwise conditioned, all existing buildings, structures, wells, and septic tanks, shall be removed in accordance with applicable standards as set forth in the relevant provisions of the California Building Code and applicable regulations adopted by San Joaquin County and the City of Escalon.
27. Unless otherwise conditioned, all encroachments of structures including fencing, berms, irrigation lines, and power poles shall be removed consistent with the Project Approvals.
28. A fire hydrant use permit shall be required if the Applicant intends to use city water for construction purposes.
Grading
29. A site grading and drainage plan shall be prepared by a licensed civil engineer and submitted, reviewed and approved by the City Engineer.
30. The grading plan shall show that the lowest finished pad will be at least 12 inches above the adjacent gutter elevation.
31. Prior to the issuance of any building permits, the lot grades shall conform to the
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approved grading plan. A letter certifying the grades shall be provided to the City’s building division from the design engineer.
32. An erosion control plan shall be submitted and approved by the City with the subdivision improvement plans.
33. Lots shall drain in accordance with the requirements of the City’s Storm Drainage ordinance and the MS4 Post Construction Standards.
34. If during the course of project related activities, cultural resources are encountered, work will halt in the immediate vicinity of the resource while a qualified archaeologist or historian evaluates the resource and makes recommendations.
35. If the finish grade of any lot is more than one (1) foot lower or higher than any adjoining lot, a masonry block wall or grade transition shall be constructed in accordance with the approved grading plan.
36. An engineer’s estimate for all on-site and off-site improvements is required.
37. The expansion of the storm drain basin shall integrate the grading and landscaping to match the existing basin and not be a separated by berms or fill.
Streets
38. All utilities within Project limits shall be placed underground and located in utility easements or rights-of-way subject to approval by utility providers. Any required utility easements shall be shown on the final map.
39. All street pavement sections shall be designed per the City Standards and the recommendations of the soils engineer.
40. The street cross section for Riesling Way shall match and be compatible with the existing street section per the Farinelli Ranch subdivision and as consistent with the Project Approvals.
41. The street cross section for Brennan Avenue shall match and be compatible with the existing street section per the Farinelli Ranch subdivision and as consistent with the Project Approvals.
42. Street lights shall be installed per City Standards in effect at the time of Tentative Map approval or as otherwise provided by state law.
43. Monument wells shall be installed per City Standards in effect at the time of Tentative Map approval or as otherwise provided by state law.
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44. A 6-foot masonry wall shall be installed along Brennan Avenue and an 8-foot masonry wall along the Union Pacific Railroad shall be substantially the same as those approved as part of the plans included in the Project’s entitlement package.
45. All fence and wall designs shall be substantially the same as those approved as part of the plans included in the Project’s entitlement package.
46. Install curb bump-outs at the intersections of “D” Street and “B” Street, “D” Street and “A” Street, and Celivo and “B” Street.
47. Developer shall include on all interior streets a non-City Standard street section with a separated sidewalk and a 4 foot landscape strip, including a 2 foot sidewalk easement, as shown on the Tentative Map. The curb to curb width shall remain in conformance with 50’ City Standard Local Residential Street Detail R3 Water
48. The water system shall be designed and constructed in conformance with the City Standards and the City’s Water System Master Plan or as otherwise conditioned herein.
49. The water system shall be looped throughout the Project.
50. A 10-inch water main shall be installed in Riesling Way to the intersection of A Lane and Riesling Way with a stub northerly for future connection to the Liberty Business Park.
51. A 16-inch water main shall be installed in Brennan Avenue for the length of the project limits from just north of California Street to just south of the railroad tracks at State Route 120. The City shall reimburse the Developer pursuant to EMC
13.04.260 for the costs to install this water main. Developer shall be solely responsible for the costs of the design of said line in conformance with the City Standards.
Sanitary Sewer
52. The sanitary sewer system shall be designed and constructed in conformance with City Standards and, the City’s Sewer System Master Plan or as otherwise conditioned herein.
53. An 8-inch sanitary sewer main shall be installed northerly from Riesling Way to the intersection of A Lane and Riesling Way with a stub northerly for future connection to the Liberty Business Park. The sewer line shall be designed and installed per City’s standards minimum slope.
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54. A 4-inch sewer main shall be installed in Brennan Avenue for the length of the project limits from California Street to just south of the railroad tracks at State Route 120. The City shall reimburse the Developer pursuant to EMC section
13.08.260 for the costs to install this sewer main. Developer shall be solely responsible for the costs of the design of said line in conformance with the City Standards.
Storm Drainage
55. The storm system shall be designed and constructed in conformance with City Standards and the City’s Storm drainage ordinance.
56. Project storm drainage discharge to the basin may utilize the existing 18-inch line in Riesling Way if supported by capacity calculations. If capacity is insufficient in Riesling Way, then a new outfall shall be provided.
57. The storm basin shall be modified to accommodate all storm water into French drains initially to minimize nuisance water accumulation in the basin.
58. A 12-inch storm drain main and terminal catch basin and the designed low point shall be installed in Brennan Avenue. This storm drain main shall be constructed in substantially the same form as reflected in the plans included in the entitlement package for the Project approved by the City. The Developer’s requirement to comply with this condition is contingent on the City’s granting of all necessary licenses or appropriate access rights to access and perform work within the City’s right of way.
59. The storm drainage system must comply with the City of Escalon’s Post Construction Standards and MS4 storm water discharge permit.
60. Detailed calculations shall be provided to ensure the new basin expansion is sized for the 50-year storm event of the project
61. All storm drain inlets shall have filters to eliminate or reduce pollutants of concern.
As an alternative, a filtration (i.e. CDS unit) may be used with the approval of the City Engineer.
62. The contractor shall install “storm drain dots” which states “ONLY RAIN DOWN THE DRAIN” at all storm inlets.
63. Storm water flow meter shall be installed on the existing storm water pump station at Shadow Wood Park. This work shall be in conformance with the existing storm water discharge agreement between the City of Escalon and SSJID. Any modifications to the agreement will be the responsibility of the City of Escalon.
64. The improvement plans and final map shall have a signature block for approval by
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SSJID.
Landscaping
65. A landscaping plan shall be submitted and approved by the City of Escalon. The plan must conform to the City's landscape ordinance and meet the MWELO standards set by the State of California.
66. A landscape plan shall be provided for the streets, parkways, basin and park, as shown in the Specific Plan.
67. A minimum two (2) foot planting area shall be dedicated as a lettered lot to the City on the north side of the masonry wall adjacent to the Union Pacific Railroad property for the installation of landscaping. Wall vines shall be added as shown on the landscaping plans approved by the City as part of the Project’s entitlements.
68. Root barriers and deep-water irrigation is required for all trees planted in the City’s right-of-way or dedication areas.
69. Developer shall plant one tree in the front yard of each lot and one additional tree on the side yard of a corner lot prior to final occupancy.
Lighting
70. Street lights shall be installed per City Standards and shall minimize light spilling onto adjacent properties. A photometric plan shall be provided indicating light coverage.
71. Internally illuminated address numbers shall be installed on all residences to be easily readable from the public street.
UNION PACIFIC RAILROAD
(Comment Letter dated 06/21/2024)
72. If the Project is required to access Union Pacific Railroad ROW at any time during construction of the site improvements until the Project has obtained formal City tract acceptance, an On-Site Diagnostic Meeting shall be held prior to Final Map approval.
SOUTH SAN JOAQUIN IRRIGATION DISTRICT
(Comment Letter dated 05/22/2024)
73. Any proposed disposal of storm water that will ultimately discharge into District facilities shall conform to the District's current policy relative to storm drainage.
Hydraulic calculations and plans for proposed storm system shall be provided to the District for review and approval and shall conform to the approved Storm Drainage
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Master Plan and Storm Drainage Agreement between the District and the City.
74. All District irrigation and drainage facilities which are determined by the District to be affected by the proposed development, shall be replaced with rubber gasket reinforced concrete pipe (RGRCP) or box culverts and shall be relocated, if necessary, to District approved locations. Facilities assumed to be affected by this development include Lateral Bd. The developer shall coordinate with SSJID staff to identify solutions to replace and/or realign the District facilities with pipe/culverts.
The ultimate solution shall consider public safety, shall minimize public access to District facilities, and shall not impede or restrict District access or maintenance/operational requirements.
75. The following specific design criteria should be incorporated as part of the project:
a. At minimum, pipeline replacement will be required within the boundary of the subject property and shall extend as far as any proposed surface level improvements. Based on the site plan provided, it appears that Brennan Road crossing will require replacement with Class IV RGRCP. b. The concrete control structure along the east side of Brennan Road will require inspection by the District to determine if modifications or replacement is necessary. At minimum, the private irrigation facility providing service to the subject parcel shall be removed and adequately plugged at the box. The Developer shall coordinate with the District to identify a design acceptable to the District.
c. The back yard of residential lots shall not overlap the District’s easement as shown on the provided site plan. The underlying land within the District’s easement shall be dedicated to the City and be included as part of the Brennan Road right of way.
d. In no case shall a building, building canopy, structure, explosive, well, guy wire, or any tree, vine, or other deep-rooted crop or shrub be allowed within the easement. Utilities constructed parallel to a District facility must be located a minimum of 15’ from the edge of the District’s facility. e. The District reserves the right to apply additional design requirements as the project design and review process is conducted and additional information becomes available.
76. Improvement plans requiring approval include plans sets that are specific to irrigation improvements and plan sets that are specific to subdivision improvements that propose encroachments within District easements or connections to District facilities.
77. Continuous vehicular access shall be provided within the District’s easement, or immediately adjacent to the District’s easement when adjoining or overlapping a
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public right of way. Said condition shall be incorporated into the design of the improvements. No fences, barriers, or masonry walls shall be installed across District easements/facilities.
78. Hydraulic calculations to determine pipe or culvert size will be required for any design changes or relocations that are proposed on District facilities. In accordance with District standards, construction on District facilities is not allowed between February 15th and October 15th of any given year. As such, plans for pipeline improvements need to be received no later than mid-July (3 months before the end of water season), so that all construction work can be completed during the provided window period.
79. All improvements to the District facilities shall comply with the District's current standards, drawings, and policies. The developer shall enter into the necessary agreements, permits, etc., required by the District for construction of District facilities.
80. The property owner and/or developer shall execute Irrigation Service Abandonment Agreements and provide for the removal of irrigation and drainage facilities and structures on property no longer requiring irrigation service. The method of abandonment and extent of such removal shall be determined by District. Private irrigation facilities and easements shall be provided for private use to accommodate property that will still be using District water to irrigate adjacent to the development.
The proposed connection of any such private facility to District facilities shall be approved in advance by the District.
81. Easements for all District facilities shall be dedicated on current District forms.
Additional easements shall be dedicated for access to all manholes and control structures. All District easements shall be shown on the final map together with the District's standard acknowledgment. Easement widths for pipelines or culverts shall be determined by District based upon size of facility, but in no case less than 30 ft. in width. A title report shall be provided to District for its use in preparation of all required documents and to ascertain if the District has a fee interest in the proposed development. Fee interest issues shall be dealt with in accordance with the District’s standard policy.
82. Improvement plans for both off-site and on-site improvements shall be submitted for review and approval by the District's Board of Directors. Prior to plan submittal, the developer shall submit a retainer for plan check and inspections required for the project in accordance with the current established fee schedule.
83. Upon completion of the project, the developer shall provide one complete set of "AsBuilt" drawings to the District for its future use.
84. The following statement shall be affixed or otherwise included within the approved development plans: "SSJID has adopted time limits limiting the period of its approval
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should the landowner/developer fail to substantially complete the development project in a timely manner per the approved development plans.” These time limits adopted by SSJID are in most cases equal to those utilized by the governmental agency or institution responsible for development approvals. Should the time limit be exceeded, SSJID reserves the right to then apply any of its current development standards and requirements."
CALTRANS
(Comment Letter dated 06/19/2025)
This project will create additional impacts on the highway that was not considered during the recent safety project at the intersection of Brennan and SR 120. To mitigate these impacts the developer should install additional flashing beacons with oversized advanced intersection warning signs and supplemental street names on SR 120 as mentioned in the Technical Memorandum.
85. Caltrans agrees with the improvements on north bound Brennan proposed on Page 19 of 24 from the Technical Memorandum. Prior to the project being open to the public, on the Brennan Avenue northbound approach:
a. Install Doubled-up oversized advanced “Stop Ahead” intersection warning signs with (with or without flashing beacons) and retroreflective sheeting on sign posts
b. Restriping the stop bar and marked “STOP” north of the railroad tracks. c. Restripe stop bar south of the railroad tracks with “DO NOT STOP ON TRACKS” signage.”
86. An Encroachment Permit will be required for work (if any) done within the Department’s right of way. This work is subject to the California Environmental Quality Act. Therefore, environmental studies may be required as part of the encroachment permits application. A qualified professional must conduct any such studies undertaken to satisfy the Department’s environmental review responsibilities.
Ground disturbing activities to the site prior to completion and/or approval of required environmental documents may affect the Department’s ability to issue a permit for the project. Furthermore, if engineering plans or drawings will be part of your permit application, they should be prepared in standard units.
SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT
(Comment Letter dated 05/15/2024)
87. Applicant to provide the CalEEMod.json files to San Joaquin Valley Air Pollution Control District for construction emissions/operational emissions prior to issuance of Project grading permits.
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SAN JOAQUIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT
(Comment Letter dated 05/23/2024)
88. Other requirements may also apply. These requirements cannot be modified.
89. Written Confirmation is required from the Public Works Department that improvements have been constructed or financial arrangements have been made for any improvements for public sewer required by the agency. In addition, written confirmation from the Public Works Department that the agency has or will have the sewer capacity to serve the development is also required (San Joaquin County Development Title, Section 9-600.020).
90. The applicant shall provide written confirmation from the water providers that improvements have been constructed or financial arrangements have been made for any improvements required by the agency and that the agency has or will have the capacity to serve the proposed development. Said written confirmation shall be submitted prior to the issuance of a building permit (San Joaquin County Development Title, Section 9-602.010).
91. Any existing wells or septic systems to be abandoned shall be destroyed under permit and inspection by the EHD (San Joaquin County Development Title, Section 9- 605.010 & 9-601.020).
92. Any geotechnical drilling shall be conducted under permit and inspection by The Environmental Health Department (San Joaquin County Development Title, Section 9-1115.3 and 9-1115.6).
SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION
& OPEN SPACE PLAN
(Comment Letter dated 04/30/2024)
93. The City of Escalon is a signatory to San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP). Participation in the SJMSCP satisfies requirements of both the state and federal endangered species acts, and ensures that the impacts are mitigated below a level of significance in compliance with the California Environmental Quality Act (CEQA). The City retains responsibility for ensuring that the appropriate Incidental Take Minimization Measure are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. Although participation in the SJMSCP is voluntary, Local Jurisdiction/Lead Agencies should be aware that if project applicants choose against participating in the SJMSCP, they will be required to provide alternative mitigation in an amount and kind equal to that provided in the SJMSCP.
94. This Project is subject to the SJMSCP. This can be up to a 30 day process and it is recommended that the project applicant contact SJMSCP staff as early as possible.
It is also recommended that the project applicant obtain an information package.
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http://www.sjcog.org
95. Contact SJMSCP staff regarding completing the following steps to satisfy SJMSCP requirements:
a. Schedule a SJMSCP Biologist to perform a pre-construction survey prior to any ground disturbance
b. SJMSCP Incidental take Minimization Measures and mitigation requirement:
1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs.
If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.
2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.
3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must:
a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or
b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or
c. Dedicate land in-lieu of fees, either as conservation easements or fee title; or
d. Purchase approved mitigation bank credits.
4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must:
a.Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or
b.Dedicate land in-lieu of fees, either as conservation easements or fee title; or
c.Purchase approved mitigation bank credits.
5. Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called.
6. Receive your Certificate of Payment and release the required permit
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96. If this project has any potential impacts to waters of the United States [pursuant to Section 404 Clean Water Act], it would require the project to seek voluntary coverage through the unmapped process under the SJMSCP which could take up to 90 days. It may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] and permits would be required from each of these resource agencies prior to grading the project site.
MODESTO IRRIGATION DISTRICT
(Comment Letter dated 05/02/2024)
Electrical
97. High voltage is present within and adjacent to the project area. This includes 17,200 volts underground primary and underground secondary facilities. Use extreme caution when operating heavy equipment, using a crane, ladders, scaffolding, handheld tools or any other type of equipment near the existing MID electric lines and cables. Workers and equipment should always maintain a distance no less than 10 feet from overhead facilities. Assume all overhead and underground electric facilities are energized.
98. The contractor shall verify actual depth and location of all underground utilities prior to start of construction. Notify "Underground Service Alert" (USA) (Toll Free 800- 227-2600) before trenching, grading, excavating, drilling, pipe pushing, tree planting, post-hole digging, etc. USA will notify all utilities to mark the location of their underground facilities.
99. MID requires that any trenching maintain a 1:1 horizontal distance from any existing pole, determined by the depth of the trench. If trenching encroaches on this requirement, the Contractor needs to contact the MID Electric Engineering Department to brace any affected poles during the trenching process. The cost of any required pole bracing will be assumed by the requesting party. Estimates for bracing any existing poles will be supplied upon request.
100. Existing MID easements for protection of underground electrical facilities are to remain. Underground secondary cable shall be protected by a minimum 5 foot. wide easement centered on the underground cable. Underground primary cable shall be protected by a minimum 10 foot wide easement centered on the underground cable. 101. MID easements for protection of overhead and underground electrical facilities are required. MID overhead secondary cable shall be protected by a minimum 20’ wide easement centered on the overhead cable. Overhead primary cable shall be protected by a minimum 30’ wide easement centered on the overhead cable. MID underground secondary cable shall be protected by a minimum 5 foot. wide easement centered on
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the underground cable. MID underground primary cable shall be protected by a minimum 10 foot. wide easement centered on the underground cable. When underground cable is not located in the Road Right of Way or within the PUE along the street frontage a MID easement is required to protect the existing underground electrical facilities and maintain necessary safety clearances. 102. Existing electric service may not be adequate for the proposed project development.
Prior to any construction a full set of construction plans must be submitted to Electrical Engineering Design Group. Please contact Modesto Irrigation District at (209) 526-7337 or (888) 335-1643 and ask for the Electrical Engineering Design Group to coordinate project/cost requirements.
103. The Modesto Irrigation District reserves its future rights to utilize its property, including its canal and electrical easements and rights-of-way, in a manner it deems necessary for the installation and maintenance of electric, irrigation, agricultural and urban drainage, domestic water and telecommunication facilities. These needs, which
have not yet been determined, may consist of poles, crossarms, wires, cables, braces, insulators, transformers, service lines, open channels, pipelines, control structures and any necessary appurtenances, as may, in District’s opinion, be necessary or desirable.
PACIFIC GAS & ELECTRIC
(Comment Letter dated 05/23/2024)
104. The proposed plan is within the same vicinity of PG&E’s existing electric distribution facilities that serve this property. The Project Referral #24-797 existing PG&E electric service facilities. The applicant must contact the below resources to apply for the removal of any existing PG&E electric services that exist on the subject parcels.
105. In accordance with Subdivision of Premises provision of Rule 16 when PG&E's electric service facilities are located on private property that is subsequently subdivided into separate premises with ownership divested to someone other than the applicant, the subdivider is required to provide PG&E with easement rights that are satisfactory to PG&E for its existing facilities. Additionally, if the subdivider requires future easement needs to provide power to the proposed Parcels, this will be sorted out in the New Business process once the new services are designed and engineered. If the Public Utility Easements (PUE’s) on the Tentative Parcel Map are intended to have PG&E facilities occupy them in the future, the language in the offer of dedication must be sufficient to PG&E and we recommend the following language to be included in the dedication.
▪ "I/We the undersigned, as Owner(s) of the land shown hereon, do hereby state that I/we am/are the only person(s) whose consent is necessary to pass clear title to said land and do hereby consent to the preparation and
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recordation of this map and offer for dedication and do hereby dedicate for public uses the Public Utility Easements (PUEs) shown on this map for public utility purposes including electric, gas, communication facilities and all other public utility purposes; together with any and all appurtenances thereto, including the right from time to time to trim and to cut down and clear away or otherwise control any trees or brush. The PUEs hereby offered for dedication are to be kept open and free of buildings, structures and wells of any kind.”
106. In the event that adequate rights-of-way are not granted as a result of the property subdivision, PG&E does have the right, upon written notice to the applicant, to discontinue service without obligation or liability. The existing owner, applicant, or customer would then have to pay to PG&E the total estimated cost of any required relocation or removal of PG&E's facilities.
107. Contact the Building and Renovation Center (BRSC) for facility map requests by calling 1-877-743-7782 and PG&E’s Service Planning department at www.pge.com/cco for any future modification or relocation requests, or for any additional services you may require.
108. Before any digging or excavation occurs, contact Underground Service Alert (USA) by dialing 811 a minimum of 2 working days prior to commencing any work.
This free and independent service will ensure that all existing underground utilities are identified and marked on-site.
STANDARD CONDITIONS
109. CONDITIONS OF APPROVAL. This list of Conditions of Approval shall be printed in all plan sets submitted for City permits.
110. TENTATIVE SUBDIVISION MAP EXPIRATION: The approval or conditional approval of the tentative subdivision map shall expire 24 months from the date of its approval. An extension of the expiration date of an approved tentative subdivision map may be granted by the planning commission for a period or periods not to exceed a total map life of five years, or a longer term provided for in the Development Agreement approved as part of the Project Approvals. .
111. CHANGE IN OCCUPANCY OR USE: Any changes in the use, operational and/or physical characteristics of the property other than consistent with the Project Approvals shall be approved in advance of the change by the City Planner, who may impose such requirements in addition to those set forth herein as may be necessary for the protection of adjacent properties and the public interest. If the City Planner finds that any proposed change in occupancy or use would represent a substantial deviation from the purpose for which this permit was granted, then such change shall be considered at a public hearing before the Planning Commission and/or City Council as an amendment to this permit.
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112. CONTAMINATION: No fats, oil, grease, organic waste, medications, antifreeze or other hazardous materials shall enter the City sewer or storm drain systems or contaminate adjacent parcels.
113. CODE COMPLIANCE: Notwithstanding any other conditions of this approval, all construction and improvements shall be in strict accordance with zoning, building, fire, and all other codes and ordinances of the City of Escalon or agencies that have regulatory jurisdiction over the City of Escalon, which shall be met prior to issuance of a certificate of occupancy or final building inspection. 114. HOLD HARMLESS AND INDEMNIFICATION: The applicant shall defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the Planning Commission and/or City Council concerning this approval. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate in the defense. The applicant shall defend, indemnify, protect and hold harmless the City or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant’s proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate in the defense. In the event of any such third-party action or proceeding, the City shall have the right to retain its own separate legal counsel to defend the interests of the City. The applicant shall be responsible for reimbursing the City for such legal fees and costs, in their entirety, including actual attorneys’ fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth. The City and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant’s sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance. Developer agrees to indemnify the City to any challenge brought against the City related to the implementation of any of the Conditions of Approval.
115. COMPLIANCE WITH CONDITIONS: All of these conditions and any and all requirements of California State Law or Regulations and conditions/comments from outside agencies shall be completed or obligated to the satisfaction of the City,
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Building Inspector, Fire Chief, and Police Chief, prior to the issuance of permits, unless otherwise stated in the specific condition.
116. BUILDING PERMITS: All applicable building permits must be obtained and approved by the Building Permits Division. All building permits must comply with the current California Code of Regulations, Title 24.
117. CONSTRUCTION HOURS: Construction hours shall adhere to the noise ordinance set forth in Chapter 8.16 of the Escalon Municipal Code. 118. MAINTENANCE: All grounds shall be regularly maintained and kept free of weeds, litter, and debris. All exterior parking areas, buildings and wall surfaces shall be regularly maintained, and any damage caused by weathering, vandalism, or other factors shall be repaired in conformance with approved designs, materials, and finishes.
119. HAZARDOUS MATERIALS: All hazardous materials (i.e. oil, grease, antifreeze, gasoline, agricultural chemicals, etc.) storage and disposal shall be accomplished in accordance with the San Joaquin County Health Department and all other applicable local, State and federal agency guidelines, requirements and laws and shall be checked and approved by the City Engineer.
120. HUMAN REMAINS. During any construction phases of the project, if any human remains, significant or potentially unique, are found, all construction activities in the area shall cease until a qualified archaeologist can be consulted. Construction activities shall not resume in the area until an on-site archaeological mitigation program has been approved by an archeologist.
121. FEES: All applicable fees, including building, site improvement, school, outside agency, and mitigation fees shall be paid prior to or deferred to building final per agreement for any building permits being issued.
122. BUSINESS LICENSE: All contractors, subcontractors, and property owner/management shall obtain a City of Escalon business license prior to construction and/or operating.
123. CONSTRUCTION AND DEMOLITION WASTE REDUCTION. The
developer shall demonstrate compliance with the Waste Management and Reduction Act (AB 939) and the City’s Construction and Demolition Waste Reduction and Recycling Policy to ensure that solid waste generated in the City of Escalon is reduced, reused and recycled.
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Escalon
2060 McHenry Avenue
Escalon, California 95320-9484
Attention: City Manager
EXEMPT FROM RECORDING FEE PER
GOVERNMENT CODE SECTION 27383
(Space above for Recorder’s Use)
INCLUSIONARY HOUSING AGREEMENT
(Owner-Occupied Housing Project)
between
CITY OF ESCALON
a California municipal corporation
and
NRB INVESTMENTS, LLC
a California limited liability company
PROJECT NAME: MURPHY RANCH
[DATED AS OF , 20__ FOR REFERENCE PURPOSES ONLY]
Attachment 8
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THIS INCLUSIONARY HOUSING AGREEMENT (Owner-Occupied Housing Project) (“Agreement”) is dated as of , 20__, by and between the CITY OF ESCALON, a California municipal corporation (“City”), and NRB INVESTMENTS, LLC, a California limited liability company (“Developer”). City and Developer are sometimes referred to in this Agreement, individually, as a “Party” and, collectively, as “Parties.”
RECITALS
This Agreement is entered into with reference to the following recitals of fact (“Recitals”) that City and Developer believe to be true, as of the Effective Date (defined in Section 1.5) of this Agreement:
A. On June 6, 2005, the City Council (“City Council”) of the City of Escalon (“City”) approved and adopted an update of the City General Plan (“General Plan”) which requires that new residential development projects include 10 – 15% affordable housing as a part of each project.
B. On October 3, 2005, the City Council approved and adopted an affordable housing ordinance (“Ordinance”) by City Ordinance 494, which is codified in Chapter 17.50 of the City’s Municipal Code. Chapter 17.50 has been amended subsequently by Ordinance No. 527 on November 1, 2010; Ordinance No. 557 on November 21, 2016; and Ordinance No. 562 on April 17, 2017.
C. The General Plan and regulatory requirements of the Ordinance (collectively referred to as the City’s “Affordable Housing Program”) provide a framework for meeting the affordable housing needs within the City.
D. Developer is fee owner of or has equitable interest in certain real property totaling approximately 17.98 acres located within the City (“Property”) which is zoned R-1 (lowdensity residential) for owner-occupied residential development. A legal description of the Property attached as Exhibit A to this Agreement and incorporated herein by reference. A site map depicting the Property and its zoning designations is attached to this Agreement as Exhibit B and is incorporated herein by reference.
E. Developer desires to, at Developer’s sole cost and expense, develop a seventytwo (72) unit (each referred to individually as “Unit” and collectively as “Units”) owneroccupied housing project (“Project”) on the Property.
On October 14, 2025, the Planning Commission considered a housing development Project application consisting of the following entitlements (1) a tentative map, (2) Planned Development (3) the Murphy Ranch Specific Plan, (4) a development agreement, (5) an affordable housing agreement, and (6) an application to annex the Property into the City (collectively the “Project Application”), and, after a public hearing recommended approval of the Project to the City Council.
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On August 10, 2026, after a public hearing, the City Council approved the Project Application (“Project Approvals”) by a majority vote.
F. The Affordable Housing Program requires, as a condition to the development of the Project, that ten to fifteen percent (10-15%) of the Units be reserved for ownership and occupancy by Very Low-Income Households (defined in Section 1.2.23), Lower-Income Households (defined in Section 1.2.14) and Moderate-Income Households (defined in Section
1.2.16).
G. The Affordable Housing Program and the Project Approvals further require Developer to enter into this Agreement, which implements the aforementioned affordable housing obligations of Developer.
NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by City and Developer, the Parties agree as follows:
ARTICLE 1
DEFINITIONS; PARTIES; REPRESENTATIONS AND WARRANTIES; EFFECTIVE DATE
1.1 Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Agreement in their entirety by this reference.
1.2 Defined Terms. In addition to the usage of certain words, terms or phrases that are defined in the initial paragraph or Recitals of this Agreement, the following words, terms and phrases are used in this Agreement, as follows, unless the particular context of usage of a word, term or phrase requires another interpretation:
1.2.1 Adjusted Household Income. The term “Adjusted Household Income” means the total annual income of each individual or household residing or treated as residing in the Inclusionary Unit as adjusted, based upon household size.
1.2.2 Affordable Purchase Price. The term “Affordable Purchase Price” means the sale price a Qualified Purchaser will be required to pay for an Inclusionary Unit, including an allowance for additional costs such as utilities, property taxes, insurance and maintenance and repair costs. The calculations of Affordable Purchase Price are shown in Exhibit E to this Agreement.
1.2.3 AMI. The term “AMI” means the area median income for San Joaquin County, California adjusted for household size appropriate for the Inclusionary Unit in accordance with California Health and Safety Code section 50093, as that section may be amended from time-to-time. This information can currently be obtained at https://www.hcd.ca.gov/grants-and-funding/income-limits/state-and-federal-income-rent-andloan-value-limits.
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1.2.4 City Manager. The term “City Manager” means the City Manager of the City or his or her designee.
1.2.5 Community Development Director. The term “Community Development Director” means the Community Development Director or Development Services Manager of the City or his or her designee.
1.2.6 Default. The term “Default” means the failure of a Party to perform any action or covenant required by this Agreement within the time period provided herein following notice and opportunity to cure, as set forth in Section 3.3 of this Agreement.
1.2.7 Delivery Date. The term “Delivery Date” means the date on which an Inclusionary Unit Escrow closes and the Qualified Purchaser acquires fee title interest in the completed Inclusionary Unit.
1.2.8 Effective Date. The term “Effective Date” shall have the meaning ascribed to the term in Section 1.5.
1.2.9 Exhibits. The term “Exhibits” shall have the meaning ascribed to the term in Section 1.6.
1.2.10 Fair Market Value. The term “Fair Market Value” means the fair market value of a Unit determined by an independent appraiser.
1.2.11 Inclusionary Unit. The term “Inclusionary Unit” means the completed affordable owner-occupied housing Unit in the Project (including the land and front yard landscape improvements thereon) as constructed and installed by Developer and made available for sale to a Qualified Purchaser in accordance with this Agreement. The location of each Inclusionary Unit in the Project is identified on Exhibit C to this Agreement.
1.2.12 Inclusionary Unit Escrow. The term “Inclusionary Unit Escrow” means the escrow transaction by and between Developer and each Qualified Purchaser, through which Developer shall transfer fee title in each completed Inclusionary Unit to a Qualified Purchaser.
1.2.13 Initial Qualified Purchaser. The term “Initial Qualified Purchaser” means the Qualified Purchaser that purchases the Affordable Unit directly from the Developer.
1.2.14 Lower-Income Household. The term “Lower-Income Household” means persons and families whose income does not exceed eighty percent (80%) of the AMI of San Joaquin County adjusted for household size as provided in California Health and Safety Code sections 50093 and 50079.5(a).
1.2.15 Market-Rate Unit. The term “Market-Rate Unit” means any Unit in the Project that is not restricted for ownership and occupancy by Moderate-Income Households, Lower-Income Households or Very Low-Income Households.
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1.2.16 Moderate-Income Household. The term “Moderate-Income Household” means persons and families whose income does not exceed one hundred and twenty percent (120%) of the AMI of San Joaquin County adjusted for household size as provided in California Health and Safety Code section 50093.
1.2.17 Non-Qualified Purchaser. The term “Non-Qualified Purchaser” means any person or entity other than a Qualified Purchaser.
1.2.18 Owner. The term “Owner” means the fee title owner of the Inclusionary Unit. The term “Owner” includes the Developer and any person or entity acquiring fee title to the Inclusionary Unit, whether from the Developer or from another Owner.
1.2.19 Priority Allocation. The term “Priority Allocation” means the allocation of available Inclusionary Units to eligible persons by the City pursuant to Section 17.50.090 of the Ordinance, as that section may hereafter be amended from time-to-time.
1.2.20 Qualified Purchaser. The term “Qualified Purchaser” means each of the purchasers, as selected by Priority Allocation, (i.e. all persons identified as having a property ownership interest vested in the Inclusionary Unit as of the close of the Inclusionary Unit Escrow) of an Inclusionary Unit that is subject to the affordable housing covenant of Developer set forth in Section 2.2. At the close of the Inclusionary Unit Escrow, the Qualified Purchaser shall: (i) have an annual Adjusted Household Income which does not exceed the household income qualification limits of a Moderate-, Lower- or Very Low-Income Household, depending on the affordable housing covenant to which the Inclusionary Unit is subject and (ii) pay no more than the Affordable Purchase Price for the Inclusionary Unit.
1.2.21 Qualified Residence Period. The term “Qualified Residence Period” means the period of time beginning on the Delivery Date and ending on the date which is fifty (50) years after the Delivery Date.
1.2.22 Regulatory Agreement. The term “Regulatory Agreement” means the Regulatory Agreement in substantially the form of Exhibit F attached to this Agreement.
1.2.23 Very Low-Income Household. The term “Very Low-Income Household” means persons and families whose income does not exceed fifty percent (50%) of the AMI of San Joaquin County adjusted for household size as provided in California Health and Safety Code sections 50093 and 50105(a).
1.3 Parties to Agreement.
1.3.1 City. City is a California municipal corporation. The mailing address of City, for the purposes of this Agreement, is City of Escalon, 2060 McHenry Avenue, Escalon, California, 95320, Attention: Community Development Department; Telephone (209) 691-7400; facsimile (209) 691-7409; with copies to Best Best & Krieger LLP, 500 Capitol Mall, Suite 2500, Sacramento, California 95814, Attention: Frank Splendorio, Esq.; telephone (916) 551- 2086.
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1.3.2 Developer. Developer is a California limited liability company. The principal office and mailing address of Developer, for the purposes of this Agreement, is NRB INVESTMENTS, LLC, 1701 W. March Ln, Suite D, Stockton California, 95207. Attention:
Forward Planning Department telephone: (209) 473-1106.
1.4 Developer Representations and Warranties. The representations and warranties of Developer contained in this Section 1.4 shall be based upon the actual knowledge of Developer as of the Effective Date. All representations and warranties contained in this Section 1.4 are true and correct as of the Effective Date. Developer’s liability for misrepresentation or breach of warranty, representation or covenant, wherever contained in this Agreement, shall survive the execution and delivery of this Agreement. Developer hereby makes the following representations, covenants and warranties and acknowledges that the execution of this Agreement by City has been made in material reliance by City on such covenants, representations and warranties:
1.4.1 Developer is a California limited liability company lawfully entitled to do business in the State of California and the City. Developer has the legal right, power and authority to enter into this Agreement and the instruments and documents referenced herein and to consummate the transaction contemplated hereby. The persons executing this Agreement and the instruments referenced herein on behalf of Developer hereby represent and warrant that such persons have the power, right and authority to bind Developer.
1.4.2 Developer has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required for Developer’s authorization to enter into Agreement.
1.4.3 Neither the execution of this Agreement nor the consummation of the transactions contemplated hereby shall result in a breach of or constitute a default under any other agreement, document, instrument or other obligation to which Developer is a party or by which Developer may be bound, or under any law, statute, ordinance, rule, governmental regulation or any writ, injunction, order or decree of any court or governmental body applicable to Developer or to the Property.
1.4.4 This Agreement is, and all agreements, instruments and documents to be executed by Developer pursuant to this Agreement shall be, duly executed by and are or shall be valid and legally binding upon Developer and enforceable in accordance with their respective terms.
1.5 Effective Date. This Agreement is dated ___, 202__ for reference purposes only. This Agreement shall not become effective until the date on which all of the following are true (“Effective Date”): (i) this Agreement is approved and executed by the appropriate authorities of Developer and delivered to City; and (ii) this Agreement is executed by the authorized representatives of City.
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1.6 Exhibit List. The following is a list of the Exhibits attached to this Agreement (“Exhibits”). Each of the Exhibits is incorporated by this reference into the text of this Agreement.
Exhibit A Legal Description of Property
Exhibit B Site Map Depicting Subdivision, Zoning, Acres, Roadways, Park/Basin Exhibit C Site Map Depicting Location of Inclusionary Units Exhibit D Schedule of Performance for Construction of Inclusionary Units Exhibit E Calculations of Affordable Purchase Price
Exhibit F Regulatory Agreement and Deed of Trust
ARTICLE 2
AFFORDABLE HOUSING COVENANT
2.1 Developer Compliance with the Affordable Housing Program. Developer acknowledges that the City has provided the Developer with copies of the General Plan and Ordinance and that Developer is familiar with the City’s Affordable Housing Program.
Developer shall use its best efforts to ensure that the Project complies with the Affordable Housing Program.
2.2 Affordable Housing Covenant. Developer covenants and agrees for itself, its heirs, its successors and assigns that:
(i) EIGHT (8) of the Units to be developed, constructed and improved on the Property, shall be deemed Inclusionary Units and reserved for sale at the Affordable Purchase Price and occupancy by Qualified Purchasers whose Adjusted Household Income at the time of initial occupancy of the Inclusionary Unit does not exceed the household income qualification limits of a Moderate-Income Household;
This covenant and agreement shall be binding on the successors and assigns of Developer, as set forth herein and in the Regulatory Agreement and Deed of Trust attached hereto as Exhibit F.
2.2.1 Location of Inclusionary Units. The Inclusionary Units to be developed on the Property shall be located within the Project as depicted on Exhibit C. Developer may change the location of any Inclusionary Unit to another area within the Project upon written approval of the Community Development Director, such approval not to be unreasonably withheld. Changes in the location of Inclusionary Units shall be made consistent with all applicable requirements of the Affordable Housing Program. City agrees that development of the Inclusionary Units on the Property in accordance with the approved Tentative Map would comply with the Affordable Housing Program.
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2.2.2 Size and Appearance of Inclusionary Units. The Inclusionary Units to be developed on the Property shall be on lots with a total area equal to or greater than the medium lot size for the Project. The Inclusionary Units shall be visually indistinguishable from the Market-Rate Units within the Project and shall be similar in exterior quality and architecture.
2.2.3 Schedule of Performance for Construction of the Inclusionary Units. The Inclusionary Units to be developed on the Property shall be constructed concurrently with, or prior to, the Market-Rate Units in the Project to the extent feasible.
2.2.4 Administration of Inclusionary Units. Owner reserves the right to outsource the sale and affordability compliance for the 8 (eight) affordable homes to a qualified affordable housing organization. This can be a 501 (c) (3) or other entity specializing in affordable housing. If the owner determines that outsourcing is a viable alternative, prior approval of the affordable housing organization will be obtained from the City. The City’s approval of outsourcing of the administration including, Affirmative Marketing, Sale and Regulatory compliance shall not be unreasonably withheld. Obligations associated with this Agreement remain the responsibility of the Developer even if a third-party administrator is retained.
2.2.5 Affirmative Marketing of Inclusionary Units. The Developer shall use commercially reasonable efforts to affirmatively market the Inclusionary Units to ModerateIncome Households in accordance with the Affordable Housing Program, and the City’s Priority Allocation. Developer’s affirmative marketing efforts shall include, but not be limited to: (Joaquin County in no less than eight (8) advertisements of which no less than four (4) shall be in the Escalon Times and shall be at least sixteen (16) square inches; (ii) no later than the date of issuance of building permits for the Inclusionary Unit(s), sending notices to local government and nonprofit agencies serving Moderate-Income Households (a list of such organizations shall be provided by the Community Development Department) informing these organizations of the availability of the Inclusionary Unit(s) and requesting these organizations assist in publicizing the availability of the Inclusionary Unit(s) to their members and clients; and (iii) placing a sign on the site of the Project advertising the availability of the Inclusionary Units and providing contact information throughout the marketing period (this information can be included in the primary Project sign or a separate stand-alone sign with comparable visibility). Employees of Developer and their families shall not be given preferential treatment in the marketing of or homebuyer selection process for the Inclusionary Units.
2.3 Initial Sale of Inclusionary Units.
2.3.1 Calculation of Maximum Affordable First Mortgage. At the time that an Inclusionary Unit is initially made available for sale, City will calculate the maximum affordable first mortgage monthly payment for a Qualified Purchaser of the Inclusionary Unit by (a) determining the household size appropriate to the Inclusionary Unit; (b) determining the household income available, for the maximum first mortgage monthly payment calculation of a Moderate-Income Household adjusted for household size; and (c) calculating the amount of income available for principal and interest mortgage payments by multiplying the income figure by thirty percent (30%), pursuant to the Affordable Housing Program as illustrated in Exhibit E.
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2.3.2 Limitation of Down Payment Requirement. Required down payments for Qualified Purchasers shall be no more than five percent (5%) of the sales price. A Qualified Purchaser may elect, but shall not be required, to make a larger down payment.
2.3.3 Calculation of Final Purchase Prices of Inclusionary Units. The final Affordable Purchase Prices of the Inclusionary Units shall be provided to Developer by the City at the time the Units are initially made available for sale, and demonstrated by the calculations of final Affordable Purchase Price in Exhibit E to this Agreement, calculated in accordance with the Affordable Housing Program set forth herein.
2.4 Effect and Duration of Affordable Housing Covenant. The affordable housing covenant set forth in Section 2.2 shall remain in effect for the Qualified Residence Period of each such Inclusionary Unit, and shall run with the land and shall constitute an equitable servitude thereon, and shall, without regard to technical classification and designation, be binding for the benefit and in favor of City, its successors and assigns. Notwithstanding the foregoing, Developer’s obligations pursuant to the Affordable Housing Covenant set forth in Section 2.2 shall terminate with respect to each Inclusionary Unit upon sale of such Inclusionary Unit by Developer to a Qualified Purchaser in accordance with this Agreement.
2.5 Enforcement of Affordable Housing Covenant. Developer irrevocably stipulates and agrees that breach of the covenant set forth in Section 2.2 will result in irreparable damage and such damages would be either impracticable or extremely difficult to quantify. Accordingly, upon the breach of the covenant set forth in Section 2.2, City may institute an action for injunctive relief and/or for damages attributable to such breach.
2.6 Notice of Agreement to Qualified Purchasers; Recordation of Regulatory Agreement and Deed of Trust. In connection with the proposed sale of any Inclusionary Unit to Qualified Purchasers in accordance with the Affordable Housing Covenant, Developer shall provide all Qualified Purchasers of any Inclusionary Unit a copy of this Agreement within five (5) business days of the opening of the Inclusionary Unit Escrow. Prior to the close of each Inclusionary Unit Escrow (e.g., prior to the Delivery Date), each Qualified Purchaser shall sign and City shall cause to be recorded the Regulatory Agreement and Deed of Trust in substantially the form as Exhibit F attached to this Agreement.
ARTICLE 3
DEFAULTS AND REMEDIES
3.1 Legal Actions. In addition to any other rights or remedies, either Party may institute legal action to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purposes of this Agreement. The laws of the State of California shall govern the interpretation and enforcement of this Agreement.
3.2 Rights and Remedies are Cumulative. The rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not
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preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party.
3.3 Default; Remedies. If either Party Defaults under any of the provisions of this Agreement, the non-defaulting Party shall serve written notice of such Default upon such defaulting Party. If the defaulting Party does not commence action to cure the Default and diligently and continuously proceed with such cure within thirty (30) calendar days after service of the notice of Default, and such default is not cured within a reasonable time thereafter (and where any time limits for the completion of such cure, correction or remedy are specifically set forth in this Agreement, then within said time limits), the non-defaulting Party, at its option, may institute an action pursuant to Section 3.1 including without limitation an action for specific performance of the terms of this Agreement.
ARTICLE 4
GENERAL PROVISIONS
4.1 Notices, Demands and Communications between the Parties. Any and all notices, demands or communications submitted by any Party to another Party pursuant to or as required by this Agreement shall be proper if in writing and dispatched by messenger for immediate personal delivery, or by registered or certified United States mail, postage prepaid, return receipt requested, to the address of City and Developer, as applicable, as designated in Section 1.3.
Such written notices, demands and communications may be sent in the same manner to such other addresses as either Party may from time to time designate as provided in this Section. Any such notice, demand or communication shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that it is dispatched by messenger for immediate personal delivery, or two (2) calendar days after it is placed in the United States mail as heretofore provided. In addition to the submission of notices, demands or communications to the Parties via United States Mail, copies of all notices shall also be delivered by facsimile to the facsimile numbers designated in Section 1.3.
4.2 Conflict of Interest. No elected official, officer, contractor, consultant, attorney or employee of City having any conflict of interest, direct or indirect, related to this Agreement or in the development of the Property, shall participate in any decision relating to the Agreement.
The Parties represent and warrant that they do not have knowledge of any such conflict of interest.
4.3 Non-liability of City or City Officials and Employees. No elected official, officer, contractor, consultant, attorney or employee of City shall be personally liable to Developer, any voluntary or involuntary successors or assignees, or any lender or other party holding an interest in the Property, in the event of any default or breach by City, or for any amount which may become due to Developer or to its successors or assignees, or on any obligations arising under this Agreement.
4.4 Indemnification. Developer agrees to indemnify and hold the City, and its elected officials, officers, employees and agents, harmless from and against all damages, judgments,
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costs, expenses and fees arising from or related to any act or omission of Developer in performing its obligations hereunder. City agrees to indemnify and hold Developer and its officers, employees and agents, harmless from and against all damages, judgments, costs, expenses and fees arising from or related to any act or omission of City in performing its obligations hereunder.
4.5 No Waiver. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.
4.6 Attorneys’ Fees. If either Party hereto files any action or brings any action or proceeding against the other arising out of this Agreement, the prevailing Party shall be entitled to recover as an element of its costs of suit, and not as damages, its reasonable attorneys’ fees as fixed by the court in such action or proceeding or in a separate action or proceeding brought to recover such attorneys’ fees. For the purposes hereof the words “reasonable attorneys’ fees” mean and include, in the case of City, salaries and expenses of the lawyers employed by City (allocated on an hourly basis) who may provide legal services to City in connection with the representation of City in any such matter.
4.7 Jurisdiction and Venue. Any legal action or proceeding concerning this Agreement shall be filed and prosecuted in the appropriate State of California court in San Joaquin County, California. Each Party hereto irrevocably consents to the personal jurisdiction of that court. City and Developer each hereby expressly waive the benefit of any provision of federal or state law or judicial decision providing for the filing, removal, or change of venue to any other court or jurisdiction, including, without implied limitation, federal district court, due to any diversity of citizenship between City and Developer, due to the fact that either the City is a party to such action or proceeding or due to the fact that a federal question or federal right is involved or alleged to be involved. Without limiting the generality of the foregoing, Developer and City specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394. Developer acknowledges that the provisions of this Section 4.7 are material consideration to City for its entry into this Agreement, in that City will avoid the potential cost, expense and inconvenience of litigating in a distant forum.
4.8 Inspection of Books and Records. City shall have the right at all reasonable times at City’s cost and expense to inspect the books and records of Developer pertaining to the Property, as necessary for City, in its reasonable discretion, to enforce its rights under this Agreement. Matters discovered by City shall not be disclosed to third parties unless required by law or unless otherwise resulting from or related to the pursuit of any remedies or the assertion of any rights of City hereunder.
4.9 Successors and Assigns. The Parties agree that each respective Regulatory Agreement shall run with the land and be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, legal representatives, successors and assigns.
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4.10 No Third Party Beneficiaries. The performance of City’s and Developer’s respective obligations under this Agreement is not intended to benefit any party other than City or Developer, except as expressly provided otherwise herein. No person or entity not a signatory to this Agreement shall have any rights or causes of action against any Party to this Agreement as a result of that Party’s performance or non-performance under this Agreement, except as expressly provided otherwise herein.
4.11 Entire Agreement. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties with respect to all or any portion of the Property and the development thereof.
4.12 Recordation. Developer and City agree to permit recordation of this Agreement or a memorandum of this Agreement against the Property in the Office of the County Recorder of San Joaquin County, California.
4.13 Termination. This Agreement shall be effective until all of the Inclusionary Units have been constructed and sold by the Developer to Qualified Purchasers and the Regulatory Agreement and Deed of Trust in the form attached hereto as Exhibit F have been recorded against each Inclusionary Unit. Upon satisfaction of these requirements, Developer shall have no further obligations under this Agreement. Notwithstanding the foregoing, the provisions of Section 4.4 shall survive the termination of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of the dates set forth below.
[Signatures on Following Pages]
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SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
CITY:
CITY OF ESCALON
a California municipal corporation
By:
JAYLEN FRENCH
City Manager
Date:
ATTEST:
By:
DIANA TREJO
Deputy City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
By:
FRANK SPLENDORIO
City Attorney
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SIGNATURE PAGE
TO
INCLUSIONARY HOUSING AGREEMENT
DEVELOPER:
NRB INVESTMENTS, LLC
a California limited liability company
By:
Its: Manager
Date:
APPROVED AS TO LEGAL FORM:
MILLER STARR REGALIA
________________________
TRAVIS A. BROOKS
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STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN JOAQUIN )
On _________________, 202__, before me, _________________________, Notary Public, personally appeared _____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (Seal)
Notary Public
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STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN JOAQUIN )
On _________________, 202__, before me, _________________________, Notary Public, personally appeared _____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (Seal)
Notary Public
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STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN JOAQUIN )
On _________________, 202__, before me, _________________________, Notary Public, personally appeared _____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (Seal)
Notary Public
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EXHIBIT A
TO
INCLUSIONARY HOUSING AGREEMENT
Legal Description of Property
[Attached Behind This Page]
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EXHIBIT B
TO
INCLUSIONARY HOUSING AGREEMENT
Site Map Depicting Subdivision, Zoning, Acres, Roadways, Park/Basin [Attached Behind This Page]
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EXHIBIT C
TO
INCLUSIONARY HOUSING AGREEMENT
Site Map Depicting Location of Inclusionary Units
[Attached Behind This Page]
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EXHIBIT D
TO
INCLUSIONARY HOUSING AGREEMENT
Schedule of Performance for Construction of Inclusionary Units [Attached Behind This Page]
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Schedule of Performance for Construction of Inclusionary Units The schedule of performance shall be as follows:
• Building permits for the 10th project unit shall not be issued until building permits for at least 1 inclusionary unit have been issued.
• Building permits for the 19th project unit shall not be issued until building permits for at least 2 inclusionary units have been issued.
• Building permits for the 28th project unit shall not be issued until building permits for at least 3 inclusionary units have been issued.
• Building permits for the 37th project unit shall not be issued until building permits for at least 4 inclusionary units have been issued.
• Building permits for the 46th project unit shall not be issued until building permits for at least 5 inclusionary units have been issued.
• Building permits for the 55th project unit shall not be issued until building permits for at least 6 inclusionary units have been issued.
• Building permits for the 64th project unit shall not be issued until building permits for at least 7 inclusionary units have been issued.
• Building permits for the 73rd project unit shall not be issued until building permits for at least 8 inclusionary units have been issued.
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EXHIBIT E
TO
INCLUSIONARY HOUSING AGREEMENT
Calculations of Affordable Purchase Price
DEFINITION:
Initial Marketing Period. The term “Initial Marketing Period” as used in this exhibit means the period during which the Inclusionary Unit is made available exclusively for sale to a Qualified Purchaser. The “Initial Marketing Period” shall be a period ending one hundred eighty (180) days from issuance of the building permit for the Inclusionary Unit. Thereafter, if additional time is still required, the City Manager may grant additional thirty (30) day extensions.
CALCULATIONS OF AFFORDABLE PURCHASE PRICE:
The final Affordable Purchase Price of the Inclusionary Units shall be provided to Developer by the City prior to the end of the Initial Marketing Period. The calculations of final Affordable Purchase Price will be calculated by the City and provided to Developer in the form of the following table adjusted appropriately based on the applicable annual AMI calculation.
Affordable Purchase Price will be calculated in accordance with the Affordable Housing Program, as demonstrated by the table.
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EXHIBIT F
TO
EXHIBIT E:
Calculations of Affordable Housing Cost for:
Moderate-Income Households
SAMPLE CALCULATION -
FIGURES ARE INCLUDED
FOR ILLUSTRATIVE PURPOSES ONLY
PROJECT INFORMATION
Subdivision Name: Murphy Ranch
Developer:
PURCHASE PRICE CALCULATIONS*
Assumption 3-bedroom
AMI Level for Calculation: 120% of AMI
Number of Persons in
Household: 4
Current Moderate AMI
Adjusted for Household Size $124,550
% of Monthly Income for
Mortgage Payment: 30%
Monthly Mortgage Payment $3,114
Interest Rate: 6.12%
First Mortgage: $512,800
Down Payment Percentage: 5%
Down Payment Amount: $24,740
Affordable
Purchase Price: $538,440
* NOTES:
“Affordable Housing Cost” shall have the same definition as Section 50052.5(a) of the Health and Safety Code.
“Monthly Mortgage Payment” includes primary mortgage principal and interest payments. For purposes of calculating Affordable Purchase Price, the cost of utilities, property taxes, insurance and maintenance and repair costs are included as “Additional Costs.” “AMI” is Area Median Income for San Joaquin County, as determined annually by the U.S.
Department of Housing and Urban Development and the State Department of Housing and Planning.
This information can currently be obtained at https://www.hcd.ca.gov/grants-and-funding/incomelimits/state-and-federal-income-rent-and-loan-value-limits. “Interest Rate” shall be the rate listed on freddiemac.com for 30-year fixed-rate mortgages for the US weekly average. This information can currently be obtained at https://www.freddiemac.com/pmms.
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INCLUSIONARY HOUSING AGREEMENT
Regulatory Agreement and Deed of Trust
[Attached Behind This Page]
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Escalon
2060 McHenry Avenue
Escalon, California 95320-9484
Attention: City Manager
EXEMPT FROM RECORDING FEE PER
GOVERNMENT CODE SECTION 27383
(Space above for Recorder’s Use)
REGULATORY AGREEMENT
(Owner-Occupied Inclusionary Housing Unit)
Property Address:
For valuable consideration, the receipt of which is hereby acknowledged, the CITY OF ESCALON (“City”) and ________________________ (“Owner”) with respect to that certain parcel of real property (“Property”) legally described in Exhibit 1 to this Agreement, hereby agree that the Property will be subject to the conditions, restrictions, reservations and rights of City specified below:
1. PURPOSE. In order to increase and improve the stock of affordable housing in the community, the City of Escalon has enacted an Affordable Housing Ordinance (Chapter 17.50 of the Escalon Municipal Code). The purpose and intent of this Agreement is to ensure compliance with the requirements of the Affordable Unit as required by the City of Escalon.
1.1 Restriction. The Property has been reserved for MODERATE Income Households.
2. GENERAL. This Regulatory Agreement includes the Exhibits listed below, which are incorporated in this Regulatory Agreement by this reference:
Exhibit 1—Legal Description
Exhibit 2—Deed of Trust
Exhibit 3—Subsequent Qualified Purchaser Disclosure Form Exhibit 4—Sample Calculations of Affordable Purchase Price
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3. DEFINITIONS. The following terms shall be defined for purposes of this Agreement as set forth in this section:
3.1 “Adjusted Household Income” means the total annual income of each individual or household residing or treated as residing in the Affordable Unit, as adjusted, based upon household size.
3.2 “Affordable Housing Cost” means a housing monthly mortgage principle and interest payment cost which does not exceed the product of 30 percent times 120 percent of the Area Median Income adjusted for household size appropriate to the Unit divided by 12 months.
For purposes of this definition, “adjusted for household size appropriate to the unit” shall mean adjusted for a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit.
3.3 “Affordable Purchase Price” means the sum of the Qualified Purchaser’s maximum first mortgage, as determined in accordance with Exhibit 6, and the five percent (5%) down payment for the Affordable Unit, if applicable. For purposes of determining the Affordable Purchase Price immediately prior to the beginning of the Resale Marketing Period, the interest rate used shall be the rate listed on HSH.com for 30-year fixed-rate mortgages for the San Joaquin County (http://www.hsh.com/metstsmp.html). If the interest rate is no longer available through the website described herein, the City may in its reasonable discretion select another listing service with 30-year fixed rate mortgages in the region where the City is locate to establish the appropriate interest rate for the resale of the Unit. The calculations of Affordable Purchase Price are shown in Exhibit 6 to this Agreement.
3.4 “Affordable Unit” or “Unit” means an owner-occupied dwelling unit constructed on the Property and sold in accordance with this Agreement and the Inclusionary Housing Agreement. Unless clear from the context, as used hereafter the term “Affordable Unit” means the dwelling unit and the Property.
3.5 “Area Median Income” has the definition set forth in Section 50093 of the California Health and Safety Code, as amended.
3.6 “City” means the City or the department or consultant designated to administer the Affordable Housing Program.
3.7 “Community Development Director” means the Community Development Director of the City of Escalon or his or her designee.
3.8 “Delivery Date” means the date on which escrow closes on an Affordable Unit and the Qualified Purchaser acquires fee title interest in the Affordable Unit.
3.9 “Deed of Trust” means the deed of trust, the form of which is attached hereto as Exhibit 2, executed by Owner securing the Owner’s obligations under the Regulatory Agreement.
3.10 “Developer” means the person or entity that constructed the Inclusionary Unit and sold it to the Initial Qualified Purchaser.
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3.11 “Fair Market Value” means the fair market value of an Affordable Unit as determined by an independent appraiser and approved by the Community Development Director.
3.12 “Inclusionary Housing Agreement” means that certain Inclusionary Housing Agreement by and between the City and the Developer dated __________, 20__.
3.13 “Inclusionary Unit” means an owner-occupied dwelling unit constructed on the Property and sold in accordance with this Agreement and the Inclusionary Housing Agreement.
Unless clear from the context, as used hereafter the term “Inclusionary Unit”, “Affordable Unit”, or “Unit” means the dwelling unit and the Property.
3.14 “Initial Qualified Purchaser” means the first Qualified Purchaser that purchased the Affordable Unit.
3.15 “Lower-Income Household” means persons and families whose income does not exceed eighty percent (80%) of the AMI of San Joaquin County as provided in California Health and Safety Code sections 50093 and 50079.5(a) and established and adjusted by the State in accordance with the most recent information issued by the United States Department of Housing and Urban Development.]
3.16 “Moderate-Income Household” means persons and families whose income does not exceed one hundred and twenty percent (120%) of the AMI of San Joaquin County as provided in California Health and Safety Code section 50093 and established and adjusted by the State in accordance with the most recent information issued by the United States Department of Housing and Urban Development.]
3.17 “Non-Qualified Purchaser” means any person or entity other than a Qualified Purchaser.
3.18 “Owner” means the fee title owner of the Affordable Unit. The term “Owner” includes any person or entity acquiring fee title to the Affordable Unit, whether from the Developer or from another Owner.
3.19 “Priority Allocation” means the allocation of available Affordable Units to eligible persons by the City pursuant to Section 17.50.090 of the Affordable Housing Ordinance, as that section may hereafter be amended from time-to-time.
3.20 “Promissory Note” means the secured promissory note, the form of which is attached hereto as Exhibit 3, executed by the Owner in favor of the City for the amount of the Silent Second.
3.21 “Qualified Purchaser” means each of the purchasers, as selected by Priority Allocation, (i.e., all persons identified as having a property ownership interest vested in the Inclusionary Unit as of the close of the Inclusionary Unit Escrow) of an Inclusionary Unit that is subject to the affordable housing covenant of Developer set forth in Section 2.2 of the Inclusionary Housing Agreement. At the close of the Inclusionary Unit Escrow, the Qualified Purchaser shall:
(i) have an annual Adjusted Household Income which does not exceed the household income qualification limits of a Moderate -Income Household, and (ii) pay no more than the Affordable
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Purchase Price for the Inclusionary Unit. Qualified Purchasers include Initial Qualified Purchasers and Subsequent Qualified Purchasers.
3.22 “Residence Period” means the period of time beginning on the Delivery Date and ending on the date which is fifty (50) years after the Delivery Date.
3.23 “Resale Marketing Period” means the period during which the Affordable Unit is made available exclusively for sale to a Qualified Purchaser. The “Resale Marketing Period” shall be a period ending ninety (90) days following receipt from the City of the information described in Section 0.
3.24 “Resale Price” means the sales price paid by a buyer upon resale of the Affordable Unit.
3.25 “Subsequent Qualified Purchaser” means a Qualified Purchaser that purchases the Affordable Unit from another Qualified Purchaser.
3.26 “Unqualified Sale” means a sale of the Affordable Unit at more than an Affordable Purchase Price without the consent of the Community Development Director pursuant to Section
5.3 or otherwise in violation of this Regulatory Agreement.
3.27 “Very Low-Income Household” means persons and families whose income does not exceed fifty percent (50%) of the AMI of San Joaquin County as provided in California Health and Safety Code sections 50093 and 50105(a) and established and adjusted by the State in accordance with the most recent information issued by the United States Department of Housing and Urban Development.
4. NOTICE TO QUALIFIED PURCHASER. This Regulatory Agreement affects and limits Owner’s interests in real property. This Regulatory Agreement includes, but is not limited to, the following effects:
4.1 This Regulatory Agreement restricts Owner’s ability to resell or rent the Affordable Unit and the price at which the Affordable Unit may be sold. The City may in its sole and absolute discretion void any sale or rental made in violation of this Regulatory Agreement.
4.2 Owner’s ability to refinance and to obtain funds from refinancing of the Affordable Unit are limited by this Agreement.
4.3 Owner may choose upgrades offered by the Developer; provided, however, that the upgrades may not be financed and must be paid for in cash. Owner may not be able to recover any or all of Owner’s investment in upgrades or other improvements to the Affordable Unit.
4.4 The City shall monitor all Affordable Units to ensure that the Owners are complying with the owner-occupancy requirement set forth in Section 5.1.1 herein and are not renting or leasing the Unit except as permitted by this Agreement. All Owners of Affordable Units shall be required to certify their occupancy of the Unit on an annual basis in a manner to be determined by the Community Development Director.
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5. OBLIGATIONS OF OWNER. Owner shall comply with the following requirements throughout the term of this Agreement:
5.1 Use and Sale of the Affordable Unit. Owner hereby covenants and agrees for itself, its lessees, successors and assigns that:
5.1.1 For the duration of the Qualified Residence Period, the Unit will be occupied solely by Owner and Owner’s immediate family as Owner’s principal place of residency.
5.1.2 Owner shall maintain the Affordable Unit and the building improvements, grounds and equipment of the Affordable Unit in good repair and condition and in compliance with all applicable housing quality standards and local code requirements.
Owner shall keep the Affordable Unit reasonably free from graffiti and unrepaired vandalism and from accumulation of abandoned property, inoperable vehicles, unenclosed storage, debris and waste materials. Owner shall be subject to the Maintenance condition under Section 5.5 of this Agreement. In the event of a casualty loss, Owner shall cause the restoration or replacement of the Affordable Unit, in a timely manner and provided that such restoration or replacement is then economically feasible.
5.1.3 Notwithstanding the owner-occupancy requirement under Section 5.1.1 of this Agreement, the Community Development Director may authorize an Owner (other than Developer) to lease or rent out the Unit for a cumulative period not to exceed one year, if the Owner establishes to the Director’s reasonable satisfaction that the owner-occupancy requirement would cause a hardship to the Owner because of:
(a) Divorce or separation of the Owner(s);
(b) The extended absence from the Unit by the Owner because of the serious illness or disability of the Owner or a member of the Owner’s household or immediate family;
(c) Necessary relocation of the Owner from San Joaquin County for purposes of the Owner’s employment; or
(d) The Owner’s loss of employment.
The purpose of the foregoing limited exceptions to the owner-occupancy requirement is to allow the Owner to recover from a temporary inability to occupy the Unit or to provide for the orderly disposition of the Unit in cases of hardship, and is not intended to permit long-term rental of the Unit. For these reasons, the term “hardship” shall be narrowly construed and a condition of hardship shall be considered to exist for the minimum possible time.
5.1.4 If Owner charges rents under Section 5.1.3 of this Agreement in excess of the Affordable Rent (as defined in Chapter 17.50 of the Escalon Municipal Code), within thirty (30) days after demand by City or the affected renter, Owner shall repay to the affected renter all of his or her rents collected by Owner in excess of such Affordable Rent. If such excess rents are not so repaid when due, they shall bear interest from the date of collection
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until repaid, at the maximum rate allowed by law, or such lesser rate as City may determine in its sole discretion. If Owner cannot, with reasonable diligence, locate the renter for repayment, Owner shall repay such amounts directly to the City.
5.1.5 Except as otherwise provided in Section 5.3 of this Agreement, the Unit shall be sold exclusively to Qualified Purchasers for an Affordable Purchase Price during the Qualified Residence Period.
5.1.6 Owner covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, that he or she shall not discriminate on the basis of race, color, ancestry, religion, creed, sex, marital status or national origin in the sale or rental of the Affordable Unit. This covenant against discrimination shall continue in perpetuity.
5.2 Procedure for Resale of Unit to Subsequent Qualified Purchaser.
5.2.1 Prior to advertising the availability of the Unit or otherwise offering the Unit for sale, Owner shall provide the City with a notice of Owner’s intent to sell the Unit.
The notice shall indicate the number of bedrooms contained in the Unit. The City shall, within a period of forty-five (45) calendar days after receipt of such notice, either: (A) provide Owner with an active and current list of interested and qualified purchasers as determined by the Priority Allocation; or (B) determine, in writing, that no interested and qualified purchaser is available.
5.2.2 Within ten (10) days after City’s receipt of such notice from Owner pursuant to Section 5.2.1, the City shall inform Owner of the Affordable Purchase Price for the Unit and the maximum allowed Adjusted Household Income for a Qualified Purchaser of the Unit, and shall provide Owner with a disclosure form that must be completed by a prospective purchaser and returned to the City in accordance with Section 0 of this Agreement. The primary purposes for the disclosure form shall be to: i) provide the City with the information needed to confirm that the prospective purchaser of the Unit is a Qualified Purchaser; and ii) ensure that the prospective purchaser is aware of the owner-occupancy and resale restrictions applicable to the Affordable Unit. The Affordable Purchase Price shall be a price the City determines will permit a qualified Purchaser to purchase the Unit at an Affordable Housing Cost.
5.2.3 Any contract or agreement for sale of the Unit shall include an express provision making such sale contingent on the City’s review of the proposed sale, as set forth in Section 0.
5.2.4 Within three (3) days after executing any contract or agreement for sale of the Unit, Owner shall deliver to City a copy of the contract or agreement, together with the completed and fully executed disclosure form and evidence supporting prospective purchaser’s Adjusted Household Income as shown on the disclosure form. If the prospective purchaser submits down payments exceeding twenty percent (20%) of the Affordable Purchase Price, possesses cash assets in excess of one hundred thousand dollars ($100,000), receives a gift in excess of twenty thousand dollars ($20,000) towards a down payment,
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and/or qualifies with a co-mortgagor, the Community Development Director will review the disclosure form and evidence on a case by case basis and may refuse to qualify such applicants if, in the opinion of the Community Development Director, the applicant(s) have sufficient cash assets or other financial support that enables them to purchase new units within the City without relying on this program. The proposed sale shall be deemed approved unless the City, within ten (10) days after receipt of such information, provides notice to the Owner either that: i) the proposed sale does not comply with this Agreement; or ii) additional information is required. If the proposed sale is disapproved or if the City determines that additional information is required, the notification shall be accompanied by a statement of the reason(s) for that decision.
5.3 Limited Exceptions to Qualified Purchaser Requirement.
5.3.1 Inability to Identify a Qualified Purchaser. In the event Owner is unable to identify a Qualified Purchaser who is able to purchase the Unit within the Resale Marketing Period, Owner may, with the prior written consent of City, sell the Unit to a NonQualified Purchaser without regard to the purchaser’s income. Any request made under this Section shall be accompanied by evidence establishing, to the City’s reasonable satisfaction, that the Owner has actively and in good faith attempted to identify a Qualified Purchaser for the Unit throughout the Resale Marketing Period using Affirmative Marketing measures. As used in this Section, “Affirmative Marketing” means that Owner shall have listed the Affordable Unit on the Multiple Listing Service for a minimum of sixty (60) days and shall have acted in good faith in responding to the inquiries and offers from Qualified Purchasers.
5.3.2 Sale Necessitated by Hardship. In addition to those sales to NonQualified Purchasers authorized by section 5.3.1, Owner may sell the Unit to a Non-Qualified Purchaser if the Community Development Director reasonably determines that the sale of the Unit to a Non-Qualified Purchaser is necessary due to any of the following circumstances (“Hardship Sale”):
(a) A transfer resulting from the death of Owner;
(b) A transfer necessitated by the immediate relocation of the Owner from San Joaquin County for purposes for the Owner’s
employment; or
(c) A transfer necessitated by the Owner’s loss of employment.
No Hardship Sale shall be effective unless the City has received a written request to approve the Hardship Sale not less than thirty (30) days prior to the proposed date of transfer. Any such request shall be accompanied by documentation supporting the basis for the requested Hardship Sale. The Community Development Director shall not approve the Hardship Sale unless Owner demonstrates that compliance with the Affirmative Marketing provisions of Section 5.3.1 would be unreasonably burdensome.
5.3.3 Sale to Non-Qualified Purchaser. In the event that the Owner transfers the Affordable Unit to a Non-Qualified Purchaser, the Owner shall pay all Excess Sales Proceeds to the City as set forth in Section 5.7 below. Concurrently with the sale of the